TIMOR-LESTE: Persistent violations of chidren's rights

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.

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee is concerned, however, that the currently applicable minimum age for the marriage of girls is too low.

The Committee recommends that the State party further review its legislation with a view to establishing the minimum age for marriage at 18 years of age, equally applicable for both boys and girls. (Paragraphs 24 and 25)

The Committee is concerned at the practice of arranged marriages – under customary law - for very young girls, particularly in rural areas. The Committee notes that such practices violate the provisions and principles of the Convention on the Rights of the Child.

The Committee recommends that the State party undertake measures to raise the awareness of the harmful effects of early marriage, in particular in communities in which very young girls are given into marriage under customary law practices, with a view to ensuring that girls are not forced into marriage. (Paragraphs 62 and 63)

UN Committee on the Elimination of Discrimination against Women
Last reported: 30 July2009
Concluding Observations issued: 7 August 2009

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 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).

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.

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. (Paragraphs 45 and 46).

Universal Periodic Review (October 2011)

A - 78.15. Effectively implement the Law against Domestic Violence by raising awareness of this law to public officials, to local community leaders and by citizenship education; and additionally discourage cultural practices that violate women’s rights, such as forced and early marriage (Germany); (accepted)

A - 78.25. Establish a minimum age for marriage in line with international standards (Italy); (accepted)

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Barriers to access to education, particularly affecting girls and children with disabilities

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee acknowledges that the State party inherited a poor educational infrastructure and notes with appreciation that the emergency response following the events of 1999 has resulted in higher enrolment rates, including among children living in poverty, children in rural areas, and a higher number of teachers in primary schools. The Committee commends the “100 Friendly Schools” project initiated by the State party in collaboration with UNICEF. The Committee is concerned, however, that a large number of children in the State party in the age range of 6-11 years are still not enrolled in school, that less than 50 per cent of children reach grade 6, and that access to schools remains problematic in some rural areas. The Committee is also concerned about the inadequate level of teacher training, the scarcity of the most basic learning materials, as acknowledged by the State party, and the possible impact that the transition to the Portuguese language in schools may have on the level of comprehension.

In the light of article 28 of the Convention, Committee recommends that the State party allocate adequate financial, human and technical resources in order to:

(a) Expedite the enactment of the proposed laws which are to form the legal foundation of the education sector;

(b) Ensure that relevant legislation includes provisions to make nine years of primary education compulsory, in accordance with article 59 of the Constitution, and that all children have equal access to free primary education without any financial obstacles;

(c) Continue to take progressive measures to further increase enrolment and retention rates, including through the establishment of primary schools in every suco (village), as envisaged in the education policy framework, and through facilitating access for children living in remote areas through appropriate means of transport and through maintaining and improving transport infrastructure as necessary;

(d) Continue to pay due attention to issues of comprehension during the transition of the multi-lingual school system to the Portuguese language;

(e) Devise measures to effectively recruit and/or train appropriately qualified teachers for primary and secondary schools;

(f) Take measures to address gender biases and stereotypes in order to improve girls’ participation in education after the primary level;

(g) Strengthen and expand the school feeding programmes, and implement the school grants programme;

(h) Expand care and education facilities for children in the early years to stimulate their development and prepare them for school;

(i) Provide expanded opportunities for vocational training and strengthen cooperation with churches and non-governmental organisations in the area of vocational and technical training programmes; and

(j) Continue cooperation with UNICEF and other organisations with relevant expertise to further improve the education sector. (Paragraphs 64 and 65)

The Committee is encouraged by the State party’s efforts to formulate a national policy for persons with disability. However, it is concerned about persisting factors that serve to perpetuate high rates of child disability, including poor maternal health standards and isolation from formal health services. The Committee regrets that children with disabilities are frequently excluded from mainstream education and community life, and are placed in residential institutions.

The Committee recommends that the State party, taking into account the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) as well as the United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), take all necessary measures to:

(a) Collect adequate statistical data on children with disabilities and use such disaggregated data in developing a comprehensive and specific national policy on disability which promotes equal opportunities of persons with disabilities in society;

(b) Provide children with disabilities with access to adequate and standardised social and health services, including early intervention, psychological and counselling services;

(c) Ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs;

(d) Ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained;

(e) Ensure that the rights of children in institutions are adequately protected;

(f) Ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol; and

(g) Seek technical cooperation with, among others, UNICEF and WHO. (Paragraphs 56 and 57)

UN Committee on the Elimination of Discrimination against Women
Last reported: 30 July 2009
Concluding Observations issued: 7 August 2009

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.

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. (Paragraphs 35 and 36)

Universal Periodic Review (October 2011)

A - 78.38. Continue its efforts to offer universal education for all through the development of a greater number of primary school institutions as well as by increasing support to economically disadvantaged and vulnerable children, and providing support to children with disabilities (Costa Rica); (accepted)

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Violence against children, including domestic violence and sexual abuse

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee welcomes the information that the State party is continuing efforts to strengthen domestic laws, build judicial capacity as well as to raise public awareness with regard to issues of abuse, neglect, violence and maltreatment. The Committee also notes with satisfaction that the State party is working in collaboration with partners to address violence in homes and schools. The Committee is concerned, however, that the cases of child abuse are not adequately addressed in the judicial system and that the majority of cases of violence against children are not reported.

In the light of article 19 and other relevant provisions of the Convention, the Committee urges the State party to:

(a) Carry out a study on all aspects of domestic violence and child abuse in the home, assessing the scope and nature of this problem as well as the impact of legal measures to address violence against children with a view to prohibiting all forms of physical and sexual violence against children, including sexual abuse in the family;

(b) Develop a comprehensive national strategy to prevent and respond to domestic violence and child abuse; and train parents and professionals in identification, reporting and management of child abuse and ill-treatment cases;

(c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including through removing the requirement of a complaint by a child’s parent or guardian in cases of sexual abuse of girls aged under 15 years; and ensure that the abused child is not victimised in legal proceedings and that his/her privacy is protected;

(d) Ensure that all child victims of violence and abuse have access to adequate care, counselling and assistance with recovery and reintegration services;

(e) Encourage and promote the positive involvement of the media in the reporting of child victims of violence, abuse and ill-treatment and ensure that the media fully respect the right of the child to privacy; and

(f) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 54 and 55)

UN Committee on the Elimination of Discrimination against Women
Last reported: 30 July 2009
Concluding Observations issued: 7 August 2009

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.

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, sensitisation 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. (Paragraphs 35 and 36).

Joint mission of the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women
Report submitted: 10 December 1999

The Special Rapporteur was deeply distressed to hear the testimony of an 11-year-old boy who had witnessed his father being hacked to death by militiamen with machetes. An unknown number of children were among the victims of the atrocities committed in East Timor and many more have been left deeply traumatised from having witnessed acts of unspeakable cruelty. These children now urgently need care and counselling to come to terms with their sorrow and distress. (Paragraph 32).

On 25 November, the Indonesian Commission of Inquiry announced that it had found three graves containing the bodies of 26 persons believed to have been killed in the massacre in Suai. The graves were discovered on Oeluli beach, in the district of Kobalima in West Timor, some 3 kilometres from the border with East Timor and about 20 kilometres from the town of Suai. Three of the bodies were identified as the three priests killed in Suai. Among the bodies were reportedly the remains of at least three children. (Paragraph 34)

A. is a 15-year-old girl from the Liquica district. On 18 September, a local militia leader, Alphonso Lauhata, came to take her and a friend to a rally of the Golkar political party. When they refused to go, the man threatened to kill her parents and burn their house down. The two girls therefore went to the rally. After that they were forced to go to a Golkar party. They stayed at the party until 3 a.m. and then were taken away. Three men followed them on motorcycles, all members of the local militia. Their names were Miguel, Pedro and Momo. A. A/54/660 and her friend were taken by Alphonso to the house of an aunt and left there. The three men broke into the house and asked for the girls. The members of the family fled. A. ran out of the house and hid near the regional parliament building, but the militiamen found her. She was first raped by Momo. As she was screaming, he took her sarong and stuffed it into her mouth. After Momo, Miguel took his turn and held a knife to her head. When they finished they threatened to kill her and her parents if she told anyone. After that they left. (Paragraph 54)

Universal Periodic Review (October 2011)

A - 77.26. Persist in its efforts to eradicate corruption, corporal punishment of children, discrimination against women and domestic violence (Holy See); (accepted)

A - 78.15. Effectively implement the Law against Domestic Violence by raising awareness of this law to public officials, to local community leaders and by citizenship education; and additionally discourage cultural practices that violate women’s rights, such as forced and early marriage (Germany); (accepted)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee is concerned at reports that corporal punishment is a common phenomenon at home and is frequently used to discipline children at school and in other educational settings.

In light of the Committee’s General Comment No. 8 on “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”, 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. (Paragraphs 42 and 43)

Universal Periodic Review (October 2011)

A - 77.26. Persist in its efforts to eradicate corruption, corporal punishment of children, discrimination against women and domestic violence (Holy See); (accepted)

A - 77.27. Adopt a specific legislation to explicitly prohibit all forms of corporal punishments (Brazil); (accepted)

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Inadequate reproductive health care and education

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee recommends that the State party:

(a) Design a health policy based on a community structure to ensure that mothers and children in all areas of the country have access to quality primary health care, counselling and essential medicines;

(b) Ensure that appropriate resources are allocated for the health sector and develop and implement comprehensive policies and programmes for improving the health situation of children;

(d) Strengthen efforts to improve the nutritional status of children, on the basis of the national nutrition strategy, through education and promotion of healthy feeding practices, including through promoting breastfeeding as an unequalled way of providing ideal food for the health, growth and development of children, in line with the International Code of the Marketing of Breast Milk Substitutes;

(e) Make increased efforts to provide effective services for the promotion of adolescent health, including reproductive health;

(g) Continue to seek technical assistance and cooperation in this regard from WHO, UNICEF and other organisations with relevant expertise. (Paragraph 59)

UN Committee on the Elimination of Discrimination against Women
Last reported: 30 July 2009
Concluding Observations issued: 7 August 2009

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.

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. (Paragraphs 37 and 38)

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Inadequate implementation of the principle that the best interests of the child must be a primary consideration

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee notes that the State party is in the process of revising child- specific provisions of its legislation and strengthening the capacity of relevant public institutions. While these positive steps may help to ensure that the principle of the best interests of the child is given higher priority in relevant administrative actions and judicial proceedings, in accordance with article 3 of the Convention, the Committee is nevertheless concerned that this principle does not so far seem to be a primary consideration in decision-making regarding children, for example with regard to adoption.

The Committee recommends that the State party fully incorporate article 3 of the Convention into all legislation and practices concerning children and raise awareness of the meaning and practical application of the principle of the best interests of the child. The Committee recommends that the State party, in the process of reviewing its legislation, aim to ensure that this principle is adequately reflected in relevant laws and regulations and that the best interests of the child are a primary consideration in all decision-making regarding children. (Paragraphs 28 and 29)

Universal Periodic Review (October 2011)

A - 77.10. Ensure that the principle of the best interests of the child is adequately reflected in relevant laws (Austria); (accepted)

A - 77.36. Ensure that the principle of “best interest of the child” is well integrated in the draft legislation on juvenile justice and that children in conflict with the law are deprived of their liberty only as a means of the last resort (Norway); (accepted)

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Child labour

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee notes that the State party is revising its Labour Law and is in the process of finalising a Labour Code. The Committee is concerned, however, about the continued widespread existence of child labour in the State party, in particular in the informal sector. The Committee notes the responsibilities of the National Division of Social Services/Reinsertion for matters concerning the work and welfare of children.

The Committee recommends that the State party, in collaboration with ILO and UNICEF, reinforce its efforts to prevent and combat child labour.

The Committee also recommends that the State party:

(a) Ratify the ILO Convention No. 138 concerning the Minimum Age for Admission to Employment and ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;

(b) Ensure that its new Labour Code will be fully aligned with the standards set out in the above ILO Conventions; and

(c) Ensure that minimum ages will be vigorously enforced through a sufficient number of adequately resourced and mandated labour inspectors. (Paragraphs 76 to 78)

Universal Periodic Review (October 2011)

A - 77.29. Adopt an minimum age limit for access to the labour market which is in conformity with international standards, in particular with that which is established by the ILO Minimum Age Convention (Spain); (accepted)

A - 78.18. Seek the cooperation of UN agencies, such as ILO, to combat child labour (Brazil); (accepted)

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Inadequate system of birth registration

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee notes that a Central Civil Registry has been created, that the State party has taken measures to promote the registration at birth of a child’s name and that it has commenced issuing birth certificates. The Committee is concerned, however, that in spite of these efforts, the rate of birth registration is still very low, and that the draft Civil Code and draft Civil Registry Code are still awaiting approval and adoption.

In the light of article 7 of the Convention, the Committee urges the State party to further work on improving the system of birth registration, including by strengthening its efforts to sensitise and mobilise public opinion with regard to the benefits of birth registrations and by training registry personnel. The Committee also recommends that the State party promptly finalise and approve the draft Civil Code and the draft Civil Registry Code. (Paragraphs 34 and 35)

Universal Periodic Review (October 2011)

A - 77.40. Increase its efforts to promote civil registration of the Timorese population, particularly of children (Brazil); (accepted)

A - 77.41. In light of what is provided in article 7 of the Convention on the Rights of the Child and with the support of the international community, improve the system of birth registration including by intensifying efforts to sensitise and mobilise public opinion regarding the advantages of birth registration in the process of establishing children’s identity and the enjoyment of their rights (Uruguay); (accepted)

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Inadequate juvenile justice system

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee notes that the State party has drafted a new Penal Code, by which the age for criminal responsibility was raised and which provides that special provisions for young offenders between 16 and 21 years old will be established in a separate law. The Committee further notes that the State party has elaborated Rules of Organisation and Procedure for law enforcement officers and child protection personnel. Despite these positive steps, the Committee notes with concern that the rights of children to a fair treatment in the justice system are inadequately protected. 74. The Committee further notes that pre-trial detention is often extended beyond the maximum period prescribed in the applicable regulations, that children in detention are not always strictly separated from adult detainees, and that measures of restorative justice are not systematically considered.

The Committee recommends that the State party continue and strengthen its efforts to ensure the full implementation of juvenile justice standards, with due regard to articles 37, 40 and 39 of the Convention, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), as well as the Committee’s General Comment No. 10 on children’s rights in juvenile justice (CRC/C/GC/10). In this regard, the Committee recommends that the State party:

(a) Expedite its efforts to finalise juvenile justice legislation, with a particular focus on setting appropriate minimum age limits for criminal responsibility;

(b) Systematically train judges and other professionals in juvenile justice matters, and ensure that proper legal representation is regularly available to juvenile offenders;

(c) Ensure that children are deprived of their liberty only as a means of last resort; continue and expand community-based reintegration programmes and similar measures of restorative justice; and, if detention is unavoidable, take measures to ensure that children are separated from adult detainees; and that decisions on the deprivation of liberty can be reviewed; and

(d) Seek technical assistance from the United Nations Interagency Panel on Juvenile Justice, which includes UNODC, UNICEF, OHCHR and non- governmental organisations. (Paragraphs 73 to 75)

Universal Periodic Review (October 2011)

A - 77.36. Ensure that the principle of “best interest of the child” is well integrated in the draft legislation on juvenile justice and that children in conflict with the law are deprived of their liberty only as a means of the last resort (Norway); (accepted)

P - 79.33. Continue to consult UNICEF and the NCRC in the process of finalising the draft law on juvenile justice to ensure that the law is clear and that the procedures are appropriate and take into consideration the local context and available resources (Norway); (pending)

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Lack of a national plan of action for the implementation of children's rights

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

On the basis of information provided in the State party’s initial report, the Committee notes that no overarching national plan of action for the implementation of children’s rights has been elaborated as yet.

The Committee recommends that the State party adopt a time-bound national plan of action for children, which should be rooted in the National Development Plan and the National Human Rights Action Plan, and cover in a comprehensive manner the rights of the child enshrined in the Convention, with due regard to the outcome document of the 2002 Special Session of the General Assembly of the United Nations “A World Fit for Children” and the “A World Fit for Children Plus 5 Declaration”. The Committee also recommends that the State party ensure a specific and adequate budget allocation as well as follow-up and evaluation mechanisms for the full implementation of the plan of action to regularly assess progress achieved and identify possible deficiencies. (Paragraphs 10 and 11)

Universal Periodic Review (October 2011)

A - 77.16. Consider establishing a national action plan on the rights of the child (Austria); (accepted)

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Lack of rights-based legislation concerning children

UN Committee on the Rights of the Child (Concluding Observations, August 2009)

The Committee notes the State party’s efforts to bring domestic laws into compliance with the Convention. The Committee is concerned, however, about the apparent lack of consistent legislative frameworks in many areas, including juvenile justice and education, and about delays in the adoption of laws that are instrumental to the implementation of the Convention.

The Committee recommends that the State party continue and strengthen its efforts to develop consistent legislative frameworks in all areas affecting children’s rights, and to ensure that all domestic laws and administrative regulations concerning children are rights-based and conform to the provisions and principles of the Convention. The Committee urges the prompt adoption of all necessary legislation, including the Civil Code, the Penal Code, the Education Law, the Domestic Violence Law, the Adoption Law, the Custody/Tutular Law and other child specific laws and regulations, such as the Children’s Code. (Paragraphs 8 and 9)

Universal Periodic Review (October 2011)

A - 77.9. Conclude and adopt the Children’s Code as a matter of priority (Portugal); (accepted)

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Countries

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