TURKEY: Children's Rights in UN Treaty Body Reports

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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 separately.

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UN Human Rights Committee

CCPR/C/TUR/CO/1

Last reported:17 / 18 October 2012
Concluding Observations issued: 13 November 2012

Issues raised:

Anti-terror laws: The Committee is concerned that several provisions of the 1991 Anti-Terrorism Law (Law 3713) are incompatible with the Covenant rights. The Committee is particularly concerned at (a) the vagueness of the definition of a terrorist act; (b) the far-reaching restrictions imposed on the right to due process; (c) the high number of cases in which human rights defenders, lawyers, journalists and even children are charged under the Anti-Terrorism Law for the free expression of their opinions and ideas, in particular in the context of non-violent discussions of the Kurdish issue (arts. 2, 14 and 19). Para 16.

The State party should ensure that its counter-terrorism legislation and practices are in full conformity with the Covenant. The State party should address the vagueness of the definition of a terrorist act in the 1991 Anti-Terrorism Law to ensure that its application is limited to offences that are indisputably terrorist offences. In this context, the State party should guarantee that the prosecution of terrorist acts is carried out in full respect of all the legal safeguards enshrined in article 14 of the Covenant, and ensure the consistent application of the transitional legal provisions, even in the case of offences allegedly committed by journalists before November 2011.

UN Committee on Economic, Social and Cultural Rights

(E/C.12/TUR/CO/1)

Last reported: 3 / 4 May 2011
Concluding Observations adopted: 20 May 2011

Persons with Disabilities: The Committee notes with deep concern that persons with disabilities in the State party continue to face great difficulties in exercising their rights under the Covenant, including with regard to access to employment, housing, education and health care.

The Committee urges the State party to provide persons with disabilities with their full rights under the Covenant and without discrimination and ensure that they have physical access to buildings, parks, hospitals, school, transportation systems and other public places and services. (Paragraph 11)

Migrant workers, asylum-seekers and refugees: The Committee is concerned that migrant workers, asylum-seekers and refugees still face serious difficulties in accessing health services, education and employment despite the legal provisions promoting their access to these services (art. 2, para. 2).

The Committee urges the State party to raise public and official awareness about migrant workers, asylum-seekers and refugees with a view to according them their full rights under the Covenant. (Paragraph 12)

Corporal Punishment: The Committee is concerned that corporal punishment is not explicitly prohibited in the home and is practiced in schools (arts. 10 and 13).

The Committee urges the State party to adopt specific legislation prohibiting all forms of corporal punishment in the home. It further calls on the State party to raise public awareness against corporal punishment at home or in schools. In this respect, the Committee draws the attention of the State party to its recommendation on discipline in schools as contained in its general comment No. 13 (1999) on the right to education. (Paragraph 24)

Minimum age of employment: The Committee is concerned that the legislation of the State party on minimum age of employment and authorised types of work for children does not conform to international standards. Moreover, the Committee expresses concern that the measures undertaken by the State party to combat child labour, which continues to be used in agriculture and the furniture industry, have not been commensurate with the scale of the problem (art. 10).

The Committee calls on the State party to ensure that children are protected from social and economic exploitation, including by bringing its legislation fully into conformity with International Labour Organization (ILO) standards on minimum age of employment and the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee also urges the State party to increase the length of compulsory education from 8 to 11 years. In this regard, the Committee refers the State party to its general comments No. 18 (2005) on the right to work and No. 13 (1999) on the right to education. (Paragraph 25)

Human rights education: The Committee urges the State party to provide education on human rights, including economic, social and cultural rights, to students at all levels of education, and human rights training for members of all professions and sectors that have a direct role in the promotion and protection of human rights, including civil servants, teachers, medical professionals, law enforcement officers, the police and the military. (Paragraph 32)

UN Committee against Torture (CAT)

(CAT/C/TUR/CO/3)

Last reported: 3 / 4 November 2010
Concluding Observations adopted: 20 January 2011

Children in detention: The Committee is concerned at reports that children continue to be detained in unrecorded adult pre-charge facilities following arrest during demonstration, including in the Anti-Terrorism Branch of Security Directorate rather than in the Children's Branch. Further, the Committee is concerned at reports of ill-treatment of children while held in unofficial places of detention and that interrogations have occurred without legal assistance or the presence of an adult or legal guardian. While noting information from the representative of the State party that most sentences do not exceed two years' imprisonment, the Committee is concerned at reports that children allegedly continue to be sentenced to long periods of imprisonment (art. 16).

The Committee recommends the State party develop and implement a comprehensive system of alternative measures to ensure that deprivation of liberty of children is used only as a measure of last resort, for the shortest period possible and in appropriate conditions. The State party should ensure that detention of children is subject to regular review so as to make certain that no child is subject to any form of ill-treatment during detention and that no child is held in unrecorded places of detention. In addition, the State party should strengthen awareness and application of international human rights standards relating to juvenile justice for members of the juvenile courts and increase the number of such courts. Additionally, the Committee urges the State party to consider raising the age of criminal responsibility, currently set at 12 years, to comport with international standards. (Paragraph 21)

Corporal Punishment: The Committee, while noting the amendment to the Civil Code in 2002 which removed parents' right of correction, is concerned at the lack of an explicit prohibition of corporal punishment in the home and in alternative settings in the domestic legislation, and reports that corporal punishment is widely used by parents and is still considered to have educational value in schools (art. 16).

The State party should clarify beyond doubt the legal status of corporal punishment in schools and penal institutions and, as a matter of priority, prohibit it in the home, alternative settings and, if appropriate, schools and penal institutions. (Paragraph 22)

Follow-up issues released by Committee and response from Turkey due within year of review.

UN Committee on the Elimination of Discrimination against Women

CEDAW/C/TUR/CO/7

Concluding observations adopted: 21 July 2016         

Refugee women: The Committee is furthermore concerned about: The significant increase of prostitution in areas with high concentrations of Syrian refugees, particularly girls and young women aged 15 to 20, who often resort to prostitution to be able to access food and other essential goods for themselves and their children; Forced marriages of refugee women and girls to Syrian and Turkish men, often in polygamous marriages, for socio-economic reasons or protection purposes (para 14).

The Committee recommends that the State party take prompt measures to improve the security of women and girl refugees and asylum seekers and increase their access to basic services and essential goods, including food, clothing, hygiene articles for refugee women and their children to ensure that they are not compelled into sexual or labour exploitation. It recommends that the State party: ensure access by refugee and asylum seeking women and girls to education, training and livelihood opportunities, and health care; Provide capacity building programmes to law enforcement authorities on the strict application of the State party’s laws, including of international Conventions, to which the State party is a party to cases of gender-based violence, including sexual violence , against refugee and asylum-seeking women and girls (para 15).

Legal status and visibility of the Convention: The Committee notes the absence of information about court proceedings, including direct applications to the Constitutional Court since September 2012, where provisions of the Convention were directly invoked or applied, which may indicate a continuing lack of awareness in society in general and among women in particular, and insufficient knowledge among the judiciary of the Convention, despite training programs provided under the Judicial Academy. The Committee recommends that the State party enhance capacity-building programmes for judges, prosecutors, lawyers and law enforcement officials on the application of international legal norms and standards relating to women’s human rights, including the Convention and the jurisprudence of the Committee, and make information on these instruments available to all women and girls, including by posting the translated in the national and local languages of the Convention, its Optional Protocol, and all General Recommendations issued by the Committee on the relevant Governmental websites (paras 16, 17).

Discriminatory Legislation: The Committe is concerned however that certain discriminatory legislation remains in place, including: Article 287 of the Penal Code on “Genital examinations”, according to which virginity testing authorized by a judge or prosecutor remains legal even if the woman or girl refuses to consent to the intrusive practice, which constitutes a violation of her privacy as well as her physical and mental integrity. The Committee recommends that the State party take all necessary efforts to ensure that all laws discriminatory towards women are repealed, and: Amend the Penal Code and abolish the provision allowing for genital examinations, including virginity testing, on a woman or girl without her consent. It also recommends that the State party ensure that no woman or girl is pressured into giving such consent; Take all necessary legal amendments to ensure that abortion up to the 10th week or up to the 20th week in the event of rape, are subject to the decision of the pregnant woman or girl alone (paras 18, 19).            

Access to Justice and legal aid: The Committee is concerned about persisting barriers to women’s access to justice, including: The lack of independent economic resources, the limited power, and the lack of separate unit for women and children within the ombudsman institution. The Committee recommends that the state should establish a special unit within the ombudsman institution on human rights protection of women and children, and develop and implement a policy to ensure the advancement of women and ensure that it is adequately funded; Enhance women’s awareness of their rights and their means to enforce them, placing particular emphasis on the integration into curricula at all levels of education on women’s rights and gender equality, including legal literacy programmes, and emphasizing the crucial role of women’s access to justice and the role of men and boys as advocates and stakeholders for the promotion of women’s rights (paras 22, 23).

Stereotypes and harmful practices: The Committee is concerned about the ongoing practice, particularly in rural and remote areas, of giving girls as brides to settle blood feuds, and that “bride prices” continue being paid in certain regions; Reported cases of girls who have been raped or harassed being forced to marry their perpetrators in the name of preserving so-called family “honour”; The significant number of child marriages, particularly in deprived rural areas, their wide acceptance in society and the insufficient efforts made by the State party to prevent child marriages and adequately punish perpetrators (para 30).

The Committee recommends that the State party: Ensure that any form of sale or exchange of women and girls for the purpose of dispute settlement is criminalized, investigated and prosecuted and that perpetrators are adequately punished; Take the necessary measures, including sensitization efforts and legal amendments to ensure that no victim of rape or harassment is forced into marriage with the perpetrator; Effectively implement the prohibition of child marriage, and strengthen sensitization efforts on the harmful effects of child marriage on the health and development of the girl (para 31).

Gender-based violence against women: The Committee notes with concern that Inadequate assistance and remedies offered to women seeking to escape violent relations, reflected, inter alia, in insufficient numbers of shelters set up in inadequate geographical distribution, inappropriate conditions for women in shelters including invasive searches, confiscation of victims’ cell phones and restricted hours for entering and exiting;, as well as the frequent practice of sending victims back to their abusive partners, or compelling them to part with their children; Lenient judgments given to perpetrators of sexual violence, including of those found guilty of rape of girls, and reduced sentences due to the perpetrator’s “good behaviour” during trial (para 32).

The Committee recommends that the State party Encourage reporting of domestic violence against women and girls , including by launching awareness-raising campaigns through the media and public education programmes as well as by increasing the number of female judges and law enforcement officials; and ensure that reports are effectively investigated and victims provided with adequate assistance and protection (para 33).

Killings and forced suicide in the name of so-called “honour”:The Committee is concerned about the persistence of crimes, including killings, committed in the name of so-called “honour”, and about the relatively high number of forced suicides or disguised murders. The Committee recommends that the State party Ensure that suicides, accidents and other violent deaths of women and girls are effectively investigated, including by using forensic evidence such as medical and or psychological autopsy (paras 34, 35).

Women affected by the resurgence of violence between the Turkish security forces and the Kurdistan Workers’ Party (PKK) following the breakdown of the peace process in 2015: A high number of persons have been displaced from their homes, including many women, who are subjected to multiple and intersecting forms of discrimination and who are compelled to sleep on the streets where they are exposed to additional risks of sexual and other forms of violence. The Committee recommends that the State party improve access by internally displaced women and girls to education, health and housing for themselves and their children and ensure that displaced women can return to their homes as quickly as possible and that their homes are rehabilitated to decent conditions of housing (paras 36, 37).

Trafficking and exploitation of prostitution: The Committee is concerned about the persistence of trafficking in women and girls, both internal and cross-border, for the purpose of sexual exploitation, including frequent cases of Syrian girls being trafficked into exploitation in prostitution through false promises of marriage and a better life in the State party, as well as about documented allegations that adolescent refugee girls are sold as brides from refugee camps in the State party. The Committee recommends that the Significantly increase shelter capacities for trafficking victims and ensure access to quality medical care, counselling, financial support and educational opportunities, as well as access to free legal services (paras 39, 40).

Education: The Committee remains concerned about girls’ and women’s high dropout rate and underrepresentation in vocational training and higher education, in particular in deprived rural areas and refugee communities. It notes that the newly adopted legislation extends compulsory education to 12 years. However, the Committee is concerned that this scheme also allows students, subject to parents’ approval, to opt for home schooling as from the age of 12 and to continue their education at specialized religious schools (hatip). The Committee is concerned that this may have a particularly negative effect on girls as home- and religious-based education may reinforce the traditional role of girls as wives and mothers and may not be subjected to equally rigorous monitoring as the state school system. Furthermore, the Committee notes with concern that school attendance levels of girls and women with disabilities are low, and educational opportunities for women and girls with disabilities are insufficient; in parts of the Southeast of the State party, nearly 50 percent of girls are reportedly illiterate and even more do not continue education after primary school, due to poverty and language barriers, as public education is not accessible in Kurdish (para 43).

The Committee recommends that the State party: Ensure equal access for all women and men to affordable and quality technical, vocational and tertiary education, including university, elaborate a policy aimed at intensifying girls’ access to higher education and technical and vocational training for women, including in traditionally male-dominated fields; Continue efforts to ensure access to education for refugee girls and address their particularly high drop-out rates;Address the causes of the low enrolment rate of girls and women with disabilities and ensure adequate educational opportunities for women and girls with disabilities, including by integrating them into mainstream education; Implement further targeted policies and programmes to overcome educational disadvantages faced by girls and women belonging to linguistic and ethnic groups, particularly in rural areas, including by exploring the possibility of multilingual education, as well as to address regional disparities (para 44).

Rural women: The Committee is concerned about the precarious situation of women in rural areas, who are disproportionately affected by poverty, have limited access to education, employment, social security and health care. The state should put in place programmes to reduce the engagement of rural girls in unpaid care work, which constitutes a barrier to school attendance and design and implement targeted measures to create income-generating opportunities for rural women in their localities (paras 49, 50).

Marriage and family relations: The Committee notes with concern that the recent Constitutional Court judgement which in effect decriminalizes a religious marriage that had not been preceded by a civil marriage, may provoke an increase in the number of polygamous and child marriages and may constitute a significant risk for women, as unregistered religious marriages leave them with no economic protection guaranteed by civil law; The recent draft report prepared by the Parliamentary Commission on Divorce, which includes recommendations for legislative amendments to the current penal and divorce legal framework, such as allowing probation in cases of child sexual abuse which result in “unproblematic and successful marriages”, and compelling mediation in the case of domestic violence (para 53).

The Committee calls upon the State Party to Continue taking all necessary measures to eradicate polygamous and child marriages, including such unregistered religious marriages, and to ensure the civil registration of all marriages so as to guarantee the rights of all married women and their children (para 54).

(CEDAW/C/TUR/CO/6)

Last reported: 21July 2010
Concluding Observations adopted: 16 August 2010

Discriminatory Provisions: The Committee reiterates its concern about the absence of information and statistical data on the impact of the ban on the use of headscarves in the areas of education, employment, health and political and public life, such as the number of women excluded from schools and universities. (Paragraph 16)

The Committee urged the State party to undertake studies to evaluate the impact of the ban on wearing headscarves in the fields of education, employment, health and political and public life, and to include detailed information regarding the result of the study and measures taken to eliminate any discriminatory consequences of the ban in its next periodic report. (Paragraph 17)

Stereotypes, cultural practices: The Committee reiterates its concern about the persistence of harmful traditional practices, including early and forced marriage. (Paragraph 20)

The Committee invites the State party to increase its efforts to design and implement long-term strategies, as well as education and awareness-raising programmes, targeting women and men at all levels of society, with a view to creating an enabling environment for the elimination of stereotypes and traditional practices that are discriminatory to women and allowing women to exercise their fundamental rights. (Paragraph 21)

Violence against women and girls: The Committee is concerned about the continuing prevalence of violence against women, including domestic violence, which affects 39 per cent of women in the territory of the State party. (Paragraph 22)

The Committee calls on the State party to evaluate and strengthen Law No. 4320 in order to enact comprehensive legislation on all forms of violence against women, including domestic violence, and to ensure that in such legislation all forms of violence against women are prohibited, that women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders, and that perpetrators are prosecuted and punished. (Paragraph 23)

Killings in the name of 'honour': The Committee notes the measures taken to combat honour killings, such as the issuance of a Prime Ministry Circular and the implementation of training and awareness-raising programmes. The Committee is concerned, however, about the persistence of such killings and the lack of data available on its incidence in rural or remote areas. While taking note of the information provided by the State party that article 82 of the Penal Code is considered to include both custom and honour killings and that article 29 of the Penal Code on "unjust provocation" has been amended to abolish possible sentence reductions for honour killings, the Committee remains concerned that the provisions of the Penal Code may result in less vigorous prosecution of and reduction of sentences for the perpetrators of such crimes. (Paragraph 24)

The Committee recommends that honour killings be explicitly included within the scope of article 82 of the Penal Code and classified as aggravated homicide, and that such crimes are treated as seriously as other violent crimes with regard to investigation and prosecution. The Committee also recommends the implementation of effective prevention measures, including educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health-service providers, social workers, community leaders and the general public. The Committee requests the State party to include detailed information on the incidence of killings in the name of honour, particularly in rural or remote areas, including the number of investigations, prosecutions and perpetrators punished, as well as the sentences imposed. (Paragraph 25)

Trafficking and exploitation of prostitution: The Committee welcomes the adoption of the Second National Action Plan to Combat Trafficking, but is concerned about the insufficient human and financial resources for its implementation, as well as the needed indicators to monitor its achievements. (Paragraph 26)

The Committee urges the State party to continue to take all appropriate measures to combat all forms of trafficking in women and children in line with article 6 of the Convention. Given the prevalence and extent of the problem, the Committee also urges the State party to ensure the quality implementation of the Second National Action Plan, and the provision of adequate comprehensive support services, including shelters, to victims. (Paragraph 27)

Education: The Committee notes with concern the persistence of stereotyped educational choices, with girls and women continuing to predominate in traditionally female areas of education, and the low rates of girls' enrolment and completion, which may be due to stereotypes relating to girls and the priority given to boys with regard to education. The Committee is concerned that women and girls of various ethnic groups, particularly Kurdish girls and women, and those whose mother tongue is not Turkish continue to face educational disadvantages. (Paragraph 30)

The Committee recommends the State party address the persisting disparity between boys and girls in education, including through the implementation of measures to ensure equal access for girls and women to all levels of education, and to ensure retention of girls in school, particularly in rural areas. (Paragraph 31)

Follow-up report yet to be received.

UN Committee on the Elimination of all Forms of Racial Discrimination

CERD/C/TUR/CO/4-6

Last reported: 3 and 4 December 2015
Concluding Observations issued: 11 December 2015

Issues raised:

The situation of Roma: The Committee is concerned that: a) Roma continue to face difficulties in accessing education, housing and employment while they suffer from the effects of poverty; b) there is low school attendance and high illiteracy rate among Roma children; c) Roma, particularly Roma women, are disproportionately unemployed; d) many Roma still lack identity documents (arts. 3 and 5). (para 27)

Recalling its general recommendations No.27 (2000) on discrimination against Roma and No. 25(2000) on gender-related dimensions of racial discrimination, the Committee recommends that the State party: (a) Strengthen its efforts to firmly combat racial discrimination and prejudices against Roma and address the challenges that Roma continue to face in many areas, such as access to employment, education and housing; (b) Reinforce its special measures in the context of its next National Strategy Document for Social Integration of Roma Citizens 2015-2020 to reduce the illiteracy rate and improve the school attendance of Roma children. [...] (para 28)

Kurdish community: The Committee is further concerned at reports that a large number of Kurds live in the poorest and most remote provinces often in poor economic and social conditions. Moreover, the Committee is concerned about reports of limited access to education for Kurdish children including in their mother tongue (art s. 2 and 5). (para 29)

The Committee recommends that the State party: [...] d) in the context of its Action Plan for Southeast Anatolia Project-GAP, intensify its efforts to combat disparities that exist between the Kurdish provinces and the rest of its territory; e) improve the access of Kurdish children in schools including by promoting the teaching in their mother tongue. (para 30)

Protection of minority rights: The Committee is concerned that persons belonging to some minority groups, such as Kurds, Roma, Ezidis, Caferis as well as other groups do not enjoy economic, social and cultural rights on an equal footing with the rest of the population. While noting the adoption of the “Living Languages and Dialects” Electives which allow minority children to access education in their mother tongue, the Committee is concerned at reports on the persistence of a number of shortcomings in the full implementation of the “Living Languages and Dialects” Electives, inter alia: a) absence of consultation with the representatives of the language groups concerned when designing textbooks; b) lack of qualified teachers; c) insufficient funding for textbooks and materials; d) unclear status of minority schools and e) insufficient funding of minority schools. The Committee is concerned that the 10 per cent threshold constitutes an obstacle to the equitable representation of minority groups in political affairs, in particular in elected bodies. (arts. 2 and 5) (para 31)

In light of the Committee’s general recommendation No. 32 (2009) on the meaning and scope of special measures in the international convention of all forms of racial discrimination, the Committee recommends that the State party take appropriate measures to ensure that persons belonging to minority groups are able to enjoy their economic, social and cultural rights on an equal footing with the rest of the population. The Committee also recommends that the State party address shortcomings to the full implementation of the “Living Languages and Dialects” Electives, so as to improve the use by minority children, of their mother tongue in schools. The Committee further recommends that the State party improve the representation of ethnic groups in public and political life, including by revising the 10 per cent threshold target set for political parties. (para 32)

Syrian and Iraqi refugees: The Committee notes efforts made by the State party to protect the human rights of the large number of Syrian and Iraqi refugees that it is hosting in its territory. However, the Committee is concerned at reports that Syrian and Iraqi refugees face challenges, despite measures adopted by the State party, such as: [...] e) insufficient access to education for some Syrian refugee children including in their mother tongue (art. 5). (para 33)

The Committee recommends that the State party pursue its efforts and strengthen measures with a view to improving the reception conditions of Syrian and Iraqi refugees. In particular, the Committee recommends that the State party: [...] c) increase its efforts to ensure that all refugee children have access to education including in their mother tongue. [...] (para 34)

Internally displaced persons (IDPs): The Committee takes note of measures taken by the State party, such as the Van Action project and the Return to Village Rehabilitation project, aimed at addressing the situation of the internally displaced persons, mostly of Kurdish community. However, the Committee is concerned at reports about: [...] d) difficulties in accessing adequate housing or recovering their property; e) the low rate of school attendance and of education achievement for IDP children (art.5). (para 37)

The Committee recommends that the State party: [...] d) take measures to increase the access to education and reduce low school attendance of IDPs children. (para 38)

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(CERD/C/TUR/CO/3)

Last reported: 23 / 24 February 2009
Concluding Observations adopted: 24 March 2009

Roma population: The Committee is concerned that many persons of Roma origin continue to experience discrimination, particularly in the fields of education, employment and housing (art. 5 (e)).

The Committee, recalling its general recommendation No. 27 (2000) on discrimination against Roma, recommends that the State party take special measures to improve the situation of Roma to overcome the disadvantages brought about by persistent discrimination, in particular in the fields of education, employment and housing. (Paragraph 19)

Education: While noting the adoption of the "Law on Foreign Language Education and Teaching, and the Learning of Different Languages and Dialects by Turkish Citizens" and its "By-law on Education in Different Languages and Dialects traditionally used by Turkish Citizens" of 2003, the Committee remains concerned at the inadequate possibilities for children belonging to ethnic groups to learn their mother tongue, in particular having regard to the information given by the State party that schools offering private language courses have been "all been closed down by their founders and owners due to lack of interest and non-attendance" (article 5 (e) (v)).

The Committee recommends that the State party ensure effective implementation of the above-mentioned laws. The Committee also recommends the State party to consider further amendments to the legislation to allow teaching of languages traditionally used in Turkey in the general public education system and encourages it to establish a public school network offering teaching of these languages, and consider means of strengthening the involvement of the members of the local communities in decision-making in this field. (Paragraph 20)

UN Committee on Migrant Workers

CMW/C/TUR/CO/1

Adopted by the Committee: 22April 2016

Published by the Committee: 2 May 2016

Issues raised:

Legislation:

The Committee notes with appreciation the ratification of or accession to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, in October 2007.The Committee welcomes the adoption of The Ministry of Education Circular on Education Services for Foreign Nationals (No. 2014/21), on 23 September 2014 and the Circular on Foreign National Students (No. 2010/48), on 16 August 2010.

(paras. 7, 8)

The Committee notes that the State party has not yet ratified the Optional Protocol on a communication procedure to the Convention on the Rights of the Child. The Committee recommends that the State party consider ratifying or acceding to the above instruments as soon as possible.

(paras. 19, 20)

Participation of civil society:

The Committee is concerned that some civil society organizations advocating for human rights in the State party are reportedly afraid to support undocumented migrant workers as they are worried that they may be charged with smuggling of migrants. The Committee recommends that the State party encourage civil society organizations to support migrant workers and members of their families and ensure that no civil society organizations are penalized for supporting or working with undocumented migrant workers; provide civil society with unhindered access to detention centers to enable them to effectively support detained migrant workers and members of their families.

 (paras. 33 b 34)

Migrants:

The committee is concerned about allegations that the State party’s border guards have at times been using live ammunition to prevent Syrian nationals, including children, fleeing ISIS advances, from crossing the State party’s border and the lack of information on investigations of such allegations. The committee is also concerned about the limited information […] about specific measures taken to ensure that the State party’s migration procedures safeguard the rights of vulnerable groups and individuals, such as children and persons fleeing violence and conflict in their own countries.

(para. 41b,d).

The committee recommends that the State party promptly investigate all instances of abuse and deaths at the State party’s borders and take measures to prevent such human rights violations in the future, guarantee the human rights of all migrant children in transit and ensure that they are treated as children first and foremost and, in that regard, provide guidance on the operationalization of the principle of the best interests of the child for migrant children in transit. The state should also ensure that migrants in transit who are victims of violence, physical and mental abuse and exploitation are referred to the appropriate services, including medical and psychosocial services; and provide migrants, in particular girls and women who have experienced rape and other forms of sexual violence during their transit, with the protection and treatment appropriate to their circumstances and situations, including sexual and reproductive health services encompassing access to rights-based, comprehensive and integrated sexual and reproductive health information and services (para. 42d,e).

Child Labour:

The Committee is concerned that migrant children are involved in informal labour mostly in the agriculture sector where they work long hours under harsh conditions without legal protection since Article 4 of the Labour Code does not apply to agricultural enterprises employing 50 or fewer workers. The Committee is also concerned that minimum age for employment, set at 15 years, is lower than the age when children will normally complete compulsory education.

(para. 43)       

The Committee recommends that the State party extend legal protection to all migrant child workers, including those who work in agricultural enterprises employing 50 or fewer workers or in small shops employing up to three persons; Bring its legislation on the minimum age of employment  into conformity with the age when children normally complete compulsory education as well as with the regulation on employment of children in hazardous conditions, in compliance with International Labour Organization (ILO) Convention No. 182 (1999) concerning the prohibition and immediate action for the elimination of the worst forms of child labour; Incorporate specific interventions regarding migrant children into the 2016-2023 Time Bound Policy and Programme Framework on the Elimination of Worst Forms of Child Labour or develop a specific strategy on the Elimination of Worst Forms of Child Labour among migrant children; Increase labour inspections and prosecute, punish and sanction persons or groups exploiting child migrant workers or subjecting them to forced labour and abuse, especially in the informal economy; Provide adequate assistance, protection and rehabilitation, including psychosocial rehabilitation, to migrant children who have been victims of labour exploitation.

(para.44)

Harmful Practices:

The Committee is concerned about the lack of data on sexual and gender-based violence (SGBV), including early and forced marriages, among migrants in the State party and the lack of awareness among migrant workers and members of their families about the national referral mechanism for victims of SGBV.The Committee recommends the State party take measures to collect data on sexual and gender-based violence (SGBV), including early and forced marriages, among migrants in the State party; Create awareness among migrant workers and members of their families about the national referral mechanism for victims of SGBV’ Include a focus on migrant workers and their families in mechanism and programmes on prevention of SGBV among the migrant community.

(paras. 45, 46)

Child detention:

The Committee notes the State party’s information that unaccompanied children are accommodated in institutions where they receive child protection services. The Committee is however concerned about: The widespread, increasing and automatic detention of a large number of migrant workers and asylum seekers in an irregular situation, including families and children, many of whom are apprehended when trying to reach Greece; Children and families with children not always being separated from adults in detention facilities as family rooms are often not yet available; Unaccompanied children in detention often reportedly not being treated appropriate to their age and legal status and having no access to child protection services.

 (para. 47a,c,d)

The Committee recommends that the State party ensure that administrative detention is used only as a measure of last resort and non-custodial alternatives are promoted; Expeditiously and completely cease the detention of children on the basis of their or their parents’ immigration status and to adopt alternatives to detention that allow children to remain with family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved, consistent with their best interests, and with children's rights to liberty and family life.

(para. 48)

The Committee is also concerned about the lack of access to outdoor areas (including for children), inadequate food, insufficient access to medical care, overcrowding, understaffing, and unclean conditions in some removal centres. The Committee recommends the State party ensure that all detention facilities provide adequate basic services, including food, health care, hygienic conditions and access to outdoor areas.

(paras. 49c, 50d)

Expulsion:

The Committee is concerned that the State party’s authorities have reportedly expelled several thousands of mostly undocumented Syrian nationals, including families as well as unaccompanied children, since mid- January 2016; Varying degrees of coercion may have been used by the State party’s authorities to pressure undocumented migrants, including children, into a “voluntary” return; The Committee recommends that the State party investigate the alleged cases of collective expulsion of Syrian, Afghani and Iraqi migrants, prosecute those responsible and take effective measures to provide redress to the victims and to avoid such expulsions in the future.

 (paras. 53a, 54a)

Freedom of movement:

The Committee is concerned that the restrictions under LFIP for migrant workers and members of their families to reside in specific provinces significantly and unduly limit not only the freedom of movement of migrant workers but also their employment opportunities. The Committee recommends that the State party guarantee in law and in practice the right to liberty of movement in the territory of the State party and freedom to choose residence to all migrant workers and members of their families.

 (paras. 57, 58)

UN Committee on the Rights of Persons with Disabilities

Ratified but not yet reported

UN Committee on Enforced Disappearance

Not yet ratified

Organisation: 
Child Rights International Network
Attachment Link: 
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symboln...

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.