TIMOR-LESTE: Children's Rights in UN Treaty Body Reports

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

Ratified in 2003, but not yet reported.

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UN Committee on Economic, Social and Cultural Rights

Ratified in 2003, but not yet reported.

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UN Committee on the Elimination of Racial Discrimination

 Ratified in 2003, but not yet reported.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/TLS/1)
Last reported: 30 July 2009
Concluding Observations issued: 7 August 2009

Issues raised:

Stereotyping: The Committee is concerned about the prevalence in the State party of a patriarchal ideology with firmly entrenched stereotypes and the persistence of deep- rooted adverse cultural norms, customs and traditions, including forced and early marriage, polygamy and bride price or dowry (barlake), that discriminate against women, result in limitations to women’s educational and employment opportunities and constitute serious obstacles to women’s enjoyment of their human rights. (Paragraph 27).

The Committee urges the State party to view culture as a dynamic dimension of the country’s life and social fabric, subject to many influences over time and therefore subject to change. It urges the State party to be more proactive and to put in place without delay a comprehensive strategy, including clear goals and timetables, to modify or eliminate negative cultural practices and stereotypes that are harmful to and discriminate against women, and to promote women’s full enjoyment of their human rights, in conformity with articles 2 (f) and 5 (a) of the Convention. Such measures should include awareness-raising and educational campaigns addressing women and men, girls and boys, religious and community leaders, parents, teachers and officials. It further urges the State party to undertake these efforts in collaboration with civil society organizations, women’s groups and community and religious leaders. The Committee also encourages the State party to effectively use innovative measures to strengthen understanding of the equality of women and men and to work with the media to enhance a positive and non-stereotypical portrayal of women and, in particular, to develop outreach programmes to connect with rural women.

Education: While appreciating the State party’s efforts to reduce female illiteracy, in particular among young girls, and achieve parity between boys and girls in primary education, the Committee is concerned at the low enrolment rate of girls in secondary and higher education, as well as at girls’ high drop-out rates. The Committee is further concerned that traditional attitudes, early pregnancies and early marriages are among the causes of girls dropping out and that pregnant girls who leave school as a result of the measure of suspension encounter difficulties in resuming their studies. (Paragraph 35).

The Committee recommends that the State party take steps to ensure de facto equal access of girls and young women to all levels of education, overcome traditional attitudes hampering women and girls in their full enjoyment of their right to education, retain girls in schools and implement re-entry policies enabling young women to return to school after pregnancy. The Committee further urges the State party to take measures to increase the enrolment of girls at all levels and recommends the introduction of temporary special measures, in accordance with article 4, paragraph 1, of the Convention and its general recommendation No. 25. The Committee recommends that the State party encourage the collaboration of parents in the implementation of such measures. The Committee encourages the State party to strengthen its efforts to eradicate illiteracy, particularly among rural women, by conducting literacy programmes in local languages as well as Portuguese, involving parents in these measures.

Violence: The Committee is alarmed at the high number of girls who suffer sexual abuse and harassment by teachers, as well as the high number of girls who suffer sexual harassment and violence while on their way to school. It is also concerned that corporal punishment is accepted in both school and home settings and constitutes a form of violence against children, including the girl child. (Paragraph 35).

The Committee calls upon the State party to provide safe transportation to and from schools, as well as safe educational environments free from discrimination and violence. It calls on the State party to strengthen awareness-raising and training of school officials and students, sensitization of children through the media and the establishment of reporting and accountability mechanisms to ensure that perpetrators of sexual abuse and harassment are prosecuted. The Committee urges the State party to ensure that those responsible for the harassment or abuse of girls are prosecuted and punished in accordance with the severity of these crimes, that such abuse is viewed as a human rights violation and that girls are provided with support so that they can report such incidents. The Committee also urges the State party to take measures to promote the creation of a positive environment that will prevent such abuse from arising, including by encouraging families not to accept the settlement of such cases through the marriage of the girl to the perpetrator. The Committee recommends that the State party explicitly prohibit corporal punishment in all settings, including through awareness- raising campaigns aimed at families, the school system and other educational settings.

Health: While the Committee welcomes the efforts made by the State party with regard to reproductive health, it notes with concern that the maternal and infant mortality rates in Timor-Leste are extremely high. It is also concerned about women’s lack of access, particularly in rural areas, to adequate prenatal and post-natal care and family-planning information. The Committee is further concerned that existing sex- education programmes are insufficient and may not give enough attention to the importance of the use of contraceptives, the prevention of early pregnancy and the control of sexually transmitted diseases, including HIV/AIDS. The Committee is also concerned that many women, in particular in rural areas, give birth at home, and that the practice of illegal and unsafe abortions increases the high rate of maternal mortality. The Committee is concerned that abortion is a punishable offence under the newly adopted Penal Code, particularly as this may lead more women to seek unsafe, illegal abortions, with consequent risk to their life and health. The Committee is also concerned at the lack of information and statistical data on women’s mental health. (Paragraph 37).

The Committee recommends that the State party step up its efforts to reduce the high rate of maternal and infant mortality. It suggests that the State party assess the root causes of maternal mortality and set targets and benchmarks with a time frame for its reduction. It urges the State party to make every effort to raise the awareness of, and increase women’s access to, health-care facilities and medical assistance by trained personnel, especially in rural areas and in the area of post-natal care in particular. The Committee further recommends that the State party implement programmes and policies aimed at providing effective access to affordable contraceptives and family- planning services so that women and men can make informed choices about the number and spacing of their children. The Committee calls upon the State party to ensure that sex-education programmes are widely promoted and targeted at girls and boys and include special attention to the prevention of early pregnancies. The Committee further calls upon the State party to review the legislation relating to abortion with a view to removing the punitive provisions imposed on women who undergo abortion, in accordance with the Committee’s general recommendation No. 24 on women and health and the Beijing Platform for Action. The Committee recommends that the State party put in place a system of data collection to strengthen the knowledge base for effective policy development and implementation on all aspects of women’s health, including the monitoring of concrete impact.

Early marriage: While welcoming the efforts of the State party to draft a national Civil Code and the statement made during the interactive dialogue confirming that the draft Civil Code is ready for submission to the Parliament, the Committee is concerned that the draft Civil Code contains discriminatory provisions in relation to marriage and family relations. In particular, the Committee is concerned that the minimum legal age for marriage currently applied is 15 years for women and 18 years for men and that, further, married women are discriminated against in relation to their choice of residence and the waiting period before they can remarry after divorce. It is further concerned about the practice of forced marriages, in particular of girls. It is also concerned about the lack of clarity with respect to women’s ownership and inheritance of land as well as women’s legal capacity. (Paragraph 45).

The Committee calls upon the State party to ensure that the draft Civil Code addresses all discrimination against women in all areas covered by articles 15 and 16 of the Convention, in particular with respect to inheritance and ownership rights, rights to property on divorce and legal capacity, and to give high priority to its speedy adoption. It urges the State party to raise the minimum age for marriage in the draft Civil Code to 18 years. It further urges the State party to take all necessary measures to eliminate forced marriages, to ensure that women enjoy a legal capacity identical to that of men, to equate women’s inheritance and ownership rights to that of men and to ensure women’s equal rights to property on divorce. The Committee further calls upon the State party to take necessary steps to ensure that once adopted, the Civil Code is made widely known to the public, the judiciary and administrative authorities.

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UN Committee against Torture

Ratified in 2003, but not yet reported.

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Ratified in 2004, but not yet reported.

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UN Committee on the Rights of Persons with Disabilities

Not yet signed or ratified.

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UN Committee on Enforced Disappearance

Not yet signed or ratified.

Countries

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