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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/ZAF/1
Concluding Observations on the Initial Report
Adopted by Commmittee: 7-8 March 2016
Published: 23 March 2016
Issues Raised:
Ratification and National Policy:
The Committee welcomes the enactment of the Child Justice Act in 2008, which took effect on 1 April 2010, which enhances protections for children in conflict with the law.
(para. 3c)
The Committee also Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography on 30 June 2003; and on the involvement of Children in Armed Conflict on 24 September 2009
(para. 4c)
Harmful Practices:
The Committee is concerned that corporal punishment in the home is not prohibited, and is traditionally accepted and widely practiced, and that it is still lawful in private education institutions and continues to be used in certain schools as a means of discipline, despite its legal prohibition. Thus it recommends the State party to take practical steps, including through legislative measures, where appropriate, to put an end to corporal punishment in all settings.
(paras. 24, 25)
Refugee Children:
The Committee is concerned about allegations that some immigration officers refuse to provide asylum seekers with transit permits at the port of entry, putting them at risk of immediate arrest or deportation. The Committee is concerned about allegations that these obstacles have resulted in the development of corrupt practices and have increased the vulnerability of migrants, especially children, rendering them undocumented and stateless.
(para. 34)
The State party should facilitate access to documentation and fair procedures for asylum seekers, including translation services and, where the interests of justice so require, access to legal representation. It should ensure that asylum applications are processed expeditiously and that the principle of non-refoulement is respected under all circumstances. (para. 35)
Juvenile Justice:
The Committee welcomes the delegation’s statement that the age of criminal responsibility will be increased from 10 to 12 years old, with a rebuttable presumption (doli incapax) for children aged between 12 and 14. The Committee also welcomes efforts to strengthen the juvenile justice system, but notes with concern the lack of funding allocated to community diversion programmes and the over-use by courts of placement in Child and Youth Care Centres, where children in need of care are reportedly not always separated from children in conflict with the law.
(para. 38)
The State party should allocate adequate funding to community-based diversion programmes for children and reduce the number of children held in child and youth care centres. It should also ensure that children in conflict with the law are separated from children in need of care. When raising the age of criminal responsibility to 12 years, the State party should ensure that the current level of protection afforded to children aged between 12 and 14 years is maintained.
(para. 39)
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UN Committee on Economic, Social and Cultural Rights
Signed in 1994, but not yet ratified.
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UN Committee on the Elimination of Racial Discrimination
CERD/C/ZAF/CO/4-8
Concluding observations adopted: 26 August 2016
Legislative developments: The Committee welcomes the adoption of the following legislative and policy measures: The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, on 24 September 2009 (para 4).
Harmful cultural or traditional practices: The Committee is concerned at the continuation of harmful cultural or traditional practices against women and girls, such as Ukuthwala, which can be tantamount to forced child marriage. The Committee welcomes the work of the South African Law Reform Commission in investigating this practice, and notes the information provided by the State party on provisions of existing laws, such as the Trafficking in Persons Act (Act No. 7 2013), which can be used to prosecute perpetrators of Ukuthwala for child abduction, forced child marriage, and child sexual exploitation. However, it notes with concern that in remote rural areas this practice is often unreported, leading to impunity of perpetrators (para 16).
Taking into account its general recommendation No 25 (2000) on gender-related dimensions of racial discrimination, the Committee requests that the State party take effective measures to protect children, particularly in remote rural areas from harmful cultural or traditional practices. The Committee recommends the State party conduct educational campaigns in rural communities and areas where practices such as Ukuthwala are prevalent in order to end this practice, provide information to victims on access to judicial remedies and encourage reporting of cases. The Committee requests the State party provide information in its next periodic report on steps taken following the South African Law Reform Commission’s investigation to end Ukuthwala ,the impact of these measures, and statistical data on the numbers of cases of Ukuthwala reported, prosecutions, and convictions of perpetrators (para 17).
Situation of persons with Albinism: The Committee expresses concern on the discrimination and stigmatization faced by persons with Albinism, on the basis of colour. It is also alarmed by reports of cases of abductions, killing, and dismembering of persons with Albinism, including women and children, as their body parts are allegedly used for witchcraft purposes. The Committee recommends that the State party take effective measures to protect persons with Albinism from violence, abductions, discrimination, and stigmatization, including through the action plans and other measures taken to implement the Durban Declaration and Programme of Action (paras 20, 21).
Situation of black and marginalized ethnic women and girls: The Committee is concerned by multiple forms of discrimination faced by black and marginalized ethnic women and girls, who are strongly impacted by poverty and lack of access to basic services, in particular housing, education, health care, and equal employment opportunities.
Recalling its general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State party take particular note of the multiple forms of discrimination against black and marginalized ethnic women and girls, in particular those from the most impoverished groups, and take necessary measures to prevent this discrimination and increase their equal access to services. The Committee requests that the State party provide quantitative and qualitative information on factors affecting the enjoyment of these women and girls of the rights under the Convention, measures taken to address these shortcomings, and the impact of such measures (paras 22, 23).
CERD/C/ZAF/CO/3
Last reported: 4 / 7 August 2006
Concluding Observations issued: 16 August 2006
Issues raised:
Discrimination and education: The Committee remains concerned by the de facto segregation that persists as a legacy of apartheid in spite of the measures the State party has adopted to put an end to this situation, especially regarding ownership of property, access to finance, and social services such as health, education and housing (art. 3). (Paragraph 13).
In the light of general recommendation 19 (1995) on racial segregation and apartheid, the Committee recommends that the State party include detailed information in its next periodic report on the specific measures adopted to address the situation of de facto segregation that persists in the State party, and that it provide information on the impact of these measures.
Violence: The Committee is concerned about acts of violence against women, especially reports of rapes and domestic violence, in view of the fact that victims are most often women from disadvantaged and poor ethnic groups (art. 5 (b) and (e)). (Paragraph 16).
In the light of general recommendation 25 (1995) on gender-related dimensions of racial discrimination, the Committee recommends that the State party adopt all necessary measures to address those phenomena of double discrimination, in particular regarding women and children from the most disadvantaged and poor ethnic groups.
Trafficking: The Committee notes the absence of specific national legislation criminalizing human trafficking, bearing in mind that victims are often women and children from the most disadvantaged ethnic groups (art. 5 (b) and (e)). (Paragraph 17).
The Committee recommends that the State party adopt legislation, and other effective measures, in order to adequately prevent, combat and punish human trafficking.
Minority groups and education: Whilenoting the constitutional rights to receive education in the language of one’s own choice, the Committee wishes to point out the lack of information on the implementation of these rights as well as on the measures taken with regard to the promotion of constitutionally recognized languages, interalia,the Khoi, San, Nama and sign languages. The Committee also notes the absence of information on the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (art. 5 (e)). (Paragraph 22).
The Committee recommends that the State party provide information on all languages recognized in the Constitution, especially their use in education, and on the measures to promote indigenous languages, as well as on the status, activities and resources of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
Xenophobia in schools: While acknowledging the “Roll Back Xenophobia” campaign, the Committee remains concerned at the persistence of xenophobic attitudes in the State party and negative stereotyping of non-citizens, including by law enforcement officials and in the media, as well as at reports of racistbehaviour and prejudices, in particular in schools and farms, and the inefficiency of the measures to prevent and combat such phenomena (art. 7). (Paragraph 27).
The Committee recommends that the State party strengthen its existing measures to prevent and combat xenophobiaand prejudices which lead to racial discrimination, and provide information on the measures adopted with regard to promoting tolerance,in particular in the field of education and through awareness-raising campaigns, including in the media.
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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/ZAF/2-4)
Last reported: 21 January 2011
Issues raised:
Stereotyping: The Committee is concerned about the persistence of patriarchal attitudes and deep- rooted stereotypes concerning women’s roles and responsibilities that discriminate against women and perpetuate their subordination within the family and society. It notes that such discriminatory attitudes and stereotypes constitute serious obstacles to women’s enjoyment of their human rights and the fulfilment of the rights enshrined in the Convention. The Committee is thus concerned about the inadequate implementation of effective and comprehensive measures to modify or eliminate stereotypes and negative traditional values and practices in South Africa. The Committee also expresses serious concern about the persistence of entrenched harmful cultural norms and practices, including ukuthwala (forced marriages of women and girls to older men through abduction), polygamy and the killing of “witches”. The Committee is also concerned about the continuing stereotypical portrayal of women in the media, which encourages discrimination and undermines the equality of women and men. (Paragraph 20).
The Committee urges the State party to :
a) Accelerate the implementation without delay of a comprehensive strategy, including review and formulation of legislation and establishment of goals and timetables, to modify or eliminate harmful practices and stereotypes that discriminate against women, in conformity with articles 2(f) and 5(a) of the Convention. Such measures should include efforts to raise awareness of this subject, targeting women and men at all levels of society, including traditional leaders, in collaboration with civil society;
b) More vigorously address harmful practices, such as ukuthwala, polygamy, the killing of “witches”, and the practice of female genital mutilation (FGM) among certain populations;
c) Use innovative and effective measures to strengthen understanding of the equality of women and men, and work with the media to enhance a positive, non- stereotypical and non-iscriminatory portrayal of women;
d) Undertake an assessment of the impact of these measures in order to identify shortcomings, and to improve them accordingly; and,
e) Report, in its next periodic report, on any developments regarding consultations on legislation to prohibit ukuthwala, which is being conducted by the South African Law Reform Commission.
Virginity testing: The Committee expresses serious concern about a provision in the Children’s Act of 2005, according to which virginity testing of girls above 16 years old is allowed if the girl has given her consent. The Committee is further concerned that the practice of virginity testing of girls as young as 3 years old is increasing in the State party without respecting the physical and mental integrity of girls, and exposing them to increased risks of sexual violence. (Paragraph 22).
The Committee calls upon the State party to take the necessary actions to amend the Children’s Act with the aim of prohibiting virginity tests for girl children, irrespective of their age, and to design and implement effective education campaigns to combat traditional and family pressures on girls and women in favour of this practice, in order to comply with its international obligations, including under the Committee’s General recommendation No. 19 (1992) and article 19 of the Convention on the Rights of the Child, which states that State parties shall take all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence, injury or abuse.
Violence: While noting that a number of policy, legislative, administrative, victims empowerment and other measures, based on a multi-sectoral approach at the operational level, have been put in place to combat violence against women in the country, the Committee expresses serious concern at the inordinately high prevalence of sexual violence against women and girls, and widespread domestic violence. The Committee is also concerned that such violence appears to be socially normalized, legitimized and accompanied by a culture of silence and impunity. It is further concerned at the low levels of prosecution and conviction, and at reports indicating that some police officers fine rape perpetrators in lieu of reporting the cases. The Committee regrets the lack of information on the impact of the measures and programmes in place to reduce incidences of all forms of violence against women and girls. The Committee is also concerned that social support services, including shelters, are inadequate due to inappropriate budgetary allocations. (Paragraph 24).
The Committee calls upon the State party to:
a) Give priority attention to the results of the report of the study, commissioned by the Government and conducted by the Centre for the Study of Violence and Reconciliation, which addresses the prevalence, nature and causes of sexual violence in South Africa (released in November 2010), in order to review the State party’s multi-sectoral action plan to combat violence against women, and expeditiously adopt comprehensive measures to better address such violence, in accordance with the Committee’s General recommendation No. 19;
b) Raise public awareness, through the media and education programmes, on the fact that all forms of violence against women are a form of discrimination under the Convention, and therefore a violation of women’s rights;
c) Put in place mechanisms of accountability to ensure the implementation of the provisions contained within policies and legislation, such as the Domestic Violence Act and the Sexual Offences Act, to combat violence against women;
d) Ensure the necessary budgetary allocations for the implementation of the various projects and programmes, including social support services for victims;
Trafficking: The Committee is concerned about the lack of information about the extent of the phenomenon of trafficking in women in the country, despite the acknowledgement on the part of the State party, in its report, that it was a country of origin, transit and destination of victims of trafficking. The Committee notes with concern that statistics on the number of women and girls who are victims of trafficking for sexual and economic exploitation are not available, in light of the fact that prostitution is criminalized. It is also concerned at the State party’s failure to address the root causes of trafficking and prostitution, including poverty, which impedes the State party’s efforts to address these issues in a serious way. In addition, the Committee regrets the lack of information provided on the existence and implementation of regional and bilateral memoranda of understanding and/or agreements with other countries on trafficking, and the inadequate information provided on prosecution and punishment of traffickers. (Paragraph 27).
The Committee urges the State party:
a) To expedite the adoption of the Prevention and Combating of Trafficking in Persons Bill in order to fully implement article 6 of the Convention, including through the effective implementation of this new legislation on trafficking, ensuring that perpetrators are prosecuted and punished and victims adequately protected and assisted;
b) That in all parts of the country information and training on how to identify and deal with trafficking victims and on anti-trafficking provisions in the domestic law be provided to the judiciary, law enforcement officials, border guards and social workers;
c) To conduct comparative studies on trafficking and prostitution and address their root causes, including poverty, in order to eliminate the vulnerability of girls and women to sexual exploitation and trafficking and to undertake efforts for the recovery and social integration of the victims;
d) To ensure systematic monitoring and periodic evaluation, including the collection and analysis of data on trafficking and exploitation of women in prostitution, and to include such data in its next periodic report;
e) To increase its efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonize legal procedures aiming at prosecution of traffickers; and
f) To consider using the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking (2002) as a basis for their implementatio n.
Education: The Committee notes with appreciation the measures undertaken by the State party in the area of education, including the National Education Infrastructure Management System, the National School Nutrition Programme, the Girls Education Movement (GEM), and the development of the Guidelines for the Prevention and Management of Sexual Violence and Harassment in Public Schools. The Committee is concerned that teenage pregnancy is the most common reason why girls leave school, resulting in high drop-out rates, and it is further concerned about the lack of information on re-enrolment rates after giving birth. The Committee also expresses grave concern about the high number of girls who suffer sexual abuse and harassment in schools by both teachers and classmates, as well as the high number of girls who suffer sexual violence while on their way to/from school. The Committee is concerned, in particular, at reports indicating that prostitution, exploitative sex and rape are perpetrated in connection with a child’s access to education. The Committee notes that education is key to the advancement of women, and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights. (Paragraph 31).
The Committee calls on the State party to:
a) Take steps to ensure de facto equal access of girls and young women to all levels of education, to retain girls in schools, and to strengthen the implementation of re-entry policies enabling young women to return to school after pregnancy, across the country;
b) Provide safe educational environments free from discrimination and violence, as well as safe transportation to and from schools, and closely monitor the implementation of the Safe Schools Programme;
c) Strengthen awareness-raising and training of school officials and students, and the sensitization of children through the media; and establish reporting and accountability mechanisms to ensure that perpetrators of sexual abuse and harassment are prosecuted and punished;
d) Widely disseminate the Guidelines for the Prevention and Management of Sexual Violence and Harassment in Public Schools, and ensure enforcement and monitoring of the provisions recommended to curtail the problem; and
e) Ensure the necessary budgetary allocation for the implementation of various projects and programmes.
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UN Committee against Torture
CAT/C/ZAF/CO/1
Last reported: 14/ 15 November 2006
Concluding Observations issued: 26 November 2006
Issues raised:
Conditions in detention: While recognizing some improvement of the situation in the State party’s detention system, the Committee remains concerned about the overcrowding in prisons and other detention facilities as well as with the high rate of HIV/AIDS and tuberculosis amongst detainees. The overcrowding affects, inter alia, detainees on remand and children, and the Committee is particularly concerned about detention conditions of pretrial detainees placed in police cells, which are inappropriate for long periods of detention, and which place detainees in a situation of great vulnerability. The Committee also expresses its concern that there is no effective oversight mechanism established to monitor the conditions for persons placed in police custody and that time spent in pretrial detention is not taken into account for the calculation of the final sentence (arts. 16 and 11). (Paragraph 22).
The State party should adopt effective measures to improve the conditions in detention facilities, reduce the current overcrowding and meet the fundamental needs of all those deprived of their liberty, in particular regarding health care; periodic examinations of prisoners should be carried out. The State party should also ensure that detained children are kept in facilities separate from those for adults in conformity with international standards, reconsider the systematic pretrial detention for certain crimes, especially for children, and establish an effective monitoring mechanism for persons in police custody.
Violence: The Committee is concerned about widespread acts of violence against women and children, especially rapes and domestic violence, and with the lack of an effective State policy to prevent and combat such violence (arts. 16 and 1). (Paragraph 23).
The State party should adopt all necessary measures to prevent, combat and punish violence against women and children and reinforce its cooperation with civil society organizations in combating such violence. The State party should also undertake research into the root causes of the high incidence of rape and sexual violence so that effective preventive measures can be developed; establish awareness-raising campaigns; investigate thoroughly those grave human rights violations; and work towards a “no tolerance” policy.
Trafficking: The Committee is concerned with human trafficking in the State party and notes the lack of effective specific measures to combat such a phenomenon, including the absence of national legislation criminalizing human trafficking (art. 16). (Paragraph 24).
The State party should adopt legislation and other effective measures, in order to adequately prevent, combat and punish human trafficking, especially that of women and children.
Corporal punishment: While noting that the State party’s legislation, as well as the jurisprudence of the Constitutional Court (S v. Williams and Others, of 1995), prohibits corporal punishment, the Committee remains concerned at even its infrequent use in some schools and other public institutions and at the absence of an oversight mechanism to monitor these institutions (art. 16). (Paragraph 25).
The State party should ensure that legislation banning corporal punishment is strictly implemented, in particular in schools and other welfare institutions for children, and establish a monitoring mechanism for such facilities.
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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.
____________________________________________________
UN Committee on the Rights of Persons with Disabilities
Ratified in 2007, but not yet reported.
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UN Committee on Enforced Disappearance
Not yet signed or ratified.