Submitted by crinadmin on
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.
UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is ... concerned about the limited progress made by the State party to implement the recommendations of the Committee under the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC). The Committee is further concerned about: UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 While welcoming the State party's ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, and noting the preparation of a draft bill on trafficking, the Committee is concerned that the victims of trafficking and exploitation are being treated as criminals and punished for prostitution or sent to reform centres for juvenile delinquents and there are no measures for their rehabilitation (paragraph 23). The Committee urges the State party to fully implement article 6 of the Convention, including by speedily enacting specific and comprehensive national legislation on the phenomenon of trafficking (internal and cross-border) that ensures that offenders are punished and victims adequately protected and assisted. The Committee further calls upon the State party to increase its efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls, including by ensuring that such women and girls are not sent to prison or to reform centres for juvenile delinquents. It recommends that the State party take measures for the rehabilitation and social integration of women and girls who are victims of exploitation and trafficking. The Committee further calls on the State party to decriminalise victims of such exploitation and take all appropriate measures to suppress exploitation of prostitution of women, including discouraging the male demand for prostitution (paragraph 24). UN Committee against Torture Last reported: 3 and 4 May 2010 Concluding Observations adopted: 951st meeting While welcoming the ratification by the State party of the International Convention for the Suppression of the Traffic in Women and Children of 1921, the International Convention for the Suppression of the Traffic in Women of Full Age of 1933 and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1950, the Committee expresses its concern at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures adopted to prevent and combat such phenomena (arts. 1, 2, 4, 12 and 16). The Committee recommends the adoption of a specific law against trafficking in persons which determines the crimes and adequate penalties and foresees the adoption of measures to facilitate the rehabilitation and social integration of victims of human trafficking. The State party should increase its efforts to prevent and combat the trafficking of women and children, including by implementing the current laws combating trafficking, providing protection for victims and ensuring their access to medical, social, rehabilitative and legal services, including counselling services, as appropriate. The State party should also create adequate conditions for victims to exercise their right to make complaints, conduct prompt, impartial and effective investigations into all allegations of trafficking and ensure that perpetrators are brought to justice and punished with penalties appropriate to the nature of their crimes (paragraph 28). UN Committee on Migrant Workers Last reported: 15 and 16 April 2008 Concluding Observations adopted: 24 April 2008 The Committee notes that the State party has signed, but not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime. In the light of the importance of the Protocols to the effective implementation of the provisions of the Convention, including those contained in article 68, the Committee recommends that the State party proceed to ratify the Protocols as soon as possible (paragraphs 15 and 16). While noting the increasing attention paid by the State party to the phenomenon of human trafficking, as evidenced by the recent holding of a series of workshops in Damascus on the subject of migration and trafficking, the signing of a memorandum of understanding with the International Organisation for Migration (IOM) concerning the running of a shelter for victims of human trafficking in the Syrian Arab Republic as well as the elaboration of a draft law to combat trafficking in persons, the Committee is concerned that no specific anti-trafficking legislation has been adopted so far. In the light of the provisions of article 68 of the Convention concerning the trafficking and smuggling of persons, the Committee urges the State party: (a) To adopt the draft law on trafficking in persons; and (b) To step up its efforts to counter migrant-smuggling and trafficking in persons, especially women and children, including by taking appropriate steps to detect the illegal or clandestine movements of migrant workers and their families and punish the criminals and/or groups who orchestrate or assist such movements (paragraphs 39 and 40). Domestic violence, particularly against girls UN Committee on the Rights of the Child (Concluding Observations, October 2011) While noting that the State party is establishing a National Observatory on Domestic Violence and a Family Protection Unit, the Committee is however concerned that there is still no specific legislation that criminalises domestic violence and that concrete measures to combat widespread abuse and neglect within the family are limited (paragraph 59). UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 In accordance with its general recommendation 19, the Committee urges the State party to give high priority to putting in place comprehensive measures to address all forms of violence against women and girls, recognising that violence against women is a form of discrimination against women and thus constitutes a violation of their human rights under the Convention. The Committee calls upon the State party to enact, as soon as possible, legislation on violence against women, including domestic violence, so as to ensure that violence against women constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee recommends that the State party also implement educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health service providers, social workers, community leaders and the general public, in order to ensure that they understand that all forms of violence against women are unacceptable. The Committee requests the State party to provide information in its next report on the laws and policies in place to deal with violence against women and the impact of such measures (paragraph 20). UN Committee against Torture Last reported: 3 and 4 May 2010 Concluding Observations adopted: 951st meeting The Committee is concerned at the absence of information in the report regarding measures taken to combat torture and ill-treatment affecting women and girls, particularly in view of the prevalence of domestic violence and other forms of gender-based violence in the State party. In this respect, the Committee notes with concern that marital rape is not a criminal offence under the law. The Committee is further concerned that the national legislation fails to explicitly criminalise domestic violence or provide adequately for the prosecution of those who perpetrate it, in particular, it is concerned that the definition of rape in article 489 of the Penal Code excludes marital rape, that article 508 of the Penal Code exempts rapists from punishment if they marry their victims, and that article 548 of the Penal Code exonerates perpetrators of "honour" crimes. The Committee also expresses its concern at the lack of data, including statistics on complaints, prosecutions and sentences relating to domestic violence (arts. 1, 2, 4, 12 and 16). (a) The State party should take immediate action to strengthen its efforts to prevent and combat violence against women and children and to ensure prompt, impartial and effective investigations of such acts, and to prosecute and punish perpetrators. The Committee also urges the State party to take necessary measures to ensure that the legal provisions in national legislation cover the many forms of violations committed against women, including making marital rape a criminal offence; (b) The State party is encouraged to participate directly in rehabilitation and legal assistance programmes and to conduct broader awareness campaigns for officials (judges, law officers, law enforcement agents and welfare workers) who are in direct contact with the victims; (c) The State party should provide victims in the process of filing complaints on rape, abuse and other forms of gender-based violence with protection from further abuse; (d) The State party should also strengthen its efforts in respect of research and data collection on the extent of domestic violence, and it is requested to provide the Committee with statistical data on complaints, prosecutions and sentences in its next periodic report (paragraph 27). UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee expresses concern at the persistence of legal and societal discrimination against girls in the State party. In particular, the Committee is concerned about discriminatory provisions contained in personal status laws, such as those relating to the inheritance rights of girls. The Committee is also concerned that insufficient measures have been taken by the State party to change discriminatory attitudes and stereotyping of gender roles. The Committee also expresses concern about the discrimination of Kurdish children, especially girls, children living in remote areas, children in institutional care, children born out of wedlock and children in street situations. The Committee urges the State party to: UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 The Committee urges the State party to address stereotypical attitudes about the roles and responsibilities of women and men, including the hidden cultural patterns and norms that perpetuate direct and indirect discrimination against women and girls in all areas of their lives. It calls upon the State party to implement and monitor comprehensive measures to bring about change in the widely accepted stereotypical roles of men and women, including by promoting equal sharing of domestic and family responsibilities between women and men. Such measures should include awareness-raising and educational campaigns addressing women and men, girls and boys, of all religious affiliations with a view to eliminating stereotypes associated with traditional gender roles in the family and in society, in accordance with articles 2(f) and 5(a) of the Convention (paragraph 28). While noting that the State party is in the process of reforming its Personal Status Act to remove discriminatory provisions, the Committee is concerned about the delay in the reform process and about the State party's statement that reform may be undertaken in a piecemeal manner. The Committee is concerned, in particular, about unequal rights of women and men to marriage, divorce, custody and inheritance under the existing laws and about the existence of polygamy and child marriages (paragraph 33). Statelessness affecting children UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is also concerned that there is still no legal and institutional framework in place relating to asylum seekers and refugees and that refugee children and their families encounter difficulties in obtaining identity documents which, in some cases have led them to become stateless and/or to be forcibly returned to their countries of origin. The Committee is in addition concerned at reported cases of refugee children who have been separated from their families during refoulement procedure (paragraph 73). UN Human Rights Committee Last reported: 18 July 2005 The Committee has noted the information provided by the State party with regard to the stateless Kurds. The Committee remains concerned at the situation of the large number of Kurds treated as aliens or unregistered persons and the discrimination experienced by them. The Committee reminds the State party that the Covenant is applicable to all individuals subject to its jurisdiction (arts. 2 (1), 24, 26 and 27). The State party should take urgent steps to remedy the situation of statelessness of Kurds in Syria and to protect and promote the rights of non-citizen Kurds. The Committee further urges the State party to allow Kurdish children born in Syria to acquire Syrian nationality (paragraph 19). Juvenile justice: conditions for children in detention UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee notes as positive the signature of the Juvenile Justice Project Document between the State party and UNDP in February 2010 which aims to enhance the juvenile justice system. The Committee is however concerned that: UN Committee against Torture Last reported: 2 and 4 May 2010 Concluding Observations adopted: 951st meeting While noting that the Prison Regulation in the Syrian Arab Republic provides for the delivery of health care to prisoners, the Committee is concerned about information received on the deplorable living conditions in places of detention, prison overcrowding, lack of hygiene, insufficient food, health risks and inadequate health care. The Committee is also concerned about the failure of the State party to separate juveniles from adults (arts. 11 and 16). The State party should take urgent measures to bring the conditions of detention in police stations, prisons and other detention facilities into line with the Standard Minimum Rules for the Treatment of Prisoners, in particular by: Inadequate healthcare for children UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is concerned that: UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 While noting the efforts made by the State party to improve reproductive health care for women, the Committee remains concerned about the lack of access to adequate health care of women and girls, particularly in rural areas. The Committee further expresses concern that women in certain parts of the country and belonging to certain social classes require, in practice, the permission of their husbands to access health facilities (paragraph 29). Crimes committed in the name of "honour" UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee welcomes the cancellation of the exemption of punishment of those committing honour crimes of women and girls by Legislative Decree no. 37 of 1 July 2009. The Committee urges the State party to take immediate measures to: UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 The Committee calls upon the State party to amend, without delay, applicable provisions in the Penal Code to ensure that marital rape is criminalised, that marriage to the victim does not exempt a rapist from punishment, and that perpetrators of honour crimes are not exonerated and do not benefit from any reduction in penalty (paragraph 20). UN Committee against Torture Last reported: 3 and 4 May 2010 Concluding Observations adopted: 951st meeting The Committee is further concerned that ... article 548 of the Penal Code exonerates perpetrators of "honour" crimes" (paragraph 27). UN committee against Torture: Follow up At least 16 women, two men and four children under the age of 18 were reported by Syrian human rights organisations to have been victims of crimes committed in the name of "honour" in 2010. The Committee was concerned about the lack of forthcoming information on the legal regime and practice affecting women. In recent years, a number of legislative reforms have been made in relation to women's rights – notably with regard to maternity leave and maternal custody of children. 2 However, despite these reforms, discrimination against women remains entrenched in national legislation. The Personal Status Law of 1953 (Law No. 59/1953, as amended by Law No. 34/1975) governing the majority Muslim population discriminates against women in relation to marriage and its dissolution, inheritance and other matters. Similar concerns relate to laws governing the family affairs of religious minorities, such as the Druze and a number of Christian denominations (paragraph 25). UN Committee on the Rights of the Child (Concluding Observations, October 2011) The Committee is ... concerned about the high prevalence of early and forced marriages and the lack of appropriate measures to curb this phenomenon. The Committee urges the State party to take immediate measures to: UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 The Committee calls upon the State party to amend, without delay, applicable provisions in the Penal Code to ensure that marital rape is criminalised, that marriage to the victim does not exempt a rapist from punishment, and that perpetrators of honour crimes are not exonerated and do not benefit from any reduction in penalty (paragraph 20). UN Committee on the Elimination of Discrimination against Women Last reported: 24 May 2007 The Committee calls upon the State party to amend, without delay, applicable provisions in the Penal Code to ensure that marital rape is criminalised, that marriage to the victim does not exempt a rapist from punishment, and that perpetrators of honour crimes are not exonerated and do not benefit from any reduction in penalty. The Committee recommends that the State party also implement educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health service providers, social workers, community leaders and the general public, in order to ensure that they understand that all forms of violence against women are unacceptable. The Committee requests the State party to provide information in its next report on the laws and policies in place to deal with violence against women and the impact of such measures (paragraph 20). UN Committee against Torture Last reported: 3 and 4 May 2010 The Committee is further concerned that the national legislation fails to explicitly criminalise domestic violence or provide adequately for the prosecution of those who perpetrate it, in particular, it is concerned that the definition of rape in article 489 of the Penal Code excludes marital rape, that article 508 of the Penal Code exempts rapists from punishment if they marry their victims... (a) The State party should take immediate action to strengthen its efforts to prevent and combat violence against women and children and to ensure prompt, impartial and effective investigations of such acts, and to prosecute and punish perpetrators. The Committee also urges the State party to take necessary measures to ensure that the legal provisions in national legislation cover the many forms of violations committed against women, including making marital rape a criminal offence; (b) The State party is encouraged to participate directly in rehabilitation and legal assistance programmes and to conduct broader awareness campaigns for officials (judges, law officers, law enforcement agents and welfare workers) who are in direct contact with the victims; (c) The State party should provide victims in the process of filing complaints on rape, abuse and other forms of gender-based violence with protection from further abuse; (d) The State party should also strengthen its efforts in respect of research and data collection on the extent of domestic violence, and it is requested to provide the Committee with statistical data on complaints, prosecutions and sentences in its next periodic report (paragraph 27).
Concluding Observations adopted: 28 July 2005