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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Not yet signed or ratified.
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UN Committee on Economic, Social and Cultural Rights
Not yet signed or ratified.
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UN Committee on the Elimination of Racial Discrimination
Not yet signed or ratified.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/TUV/CO/3-4
Adopted by the Committee: 20 February 2015
Published by the Committee: 6 March 2015
Issues raised:
National reform:
The Committee welcomes the adoption of the Family Protection and Domestic Violence Act (2014), which prohibits domestic violence offences and provides enhanced protection of women and girls from domestic violence (para.5).
Education:
The Committee is concerned about: Traditional views of students and teachers orienting female students towards areas of study perceived as appropriate to their social roles and participation in public life; The dismissal of pregnant girls from school and the absence of re-entry policies after giving birth; The lack of data disaggregated by school, age and sex on school “push outs” (students who did not pass the secondary entrance exam); The apparent limited treatment of the Family Life Education programme by its integration in science subjects; and the inadequate education infrastructure affecting girls in particular, including the lack of basic sanitary facilities (para.25).
Health:
The Committee is also concerned by the lack of preventive sexual and reproductive health services, including age-appropriate school education on sexual and reproductive health and rights and by the very low reported use of contraceptives by girls and boys resulting in a heightened risk of HIV/AIDS and sexually transmitted diseases and early pregnancies (para.29).
Harmful practices:
The Committee is concerned that according to section 20 of the Native Lands Act, the custodial rights of a child born out of wedlock will automatically be given to the father if he accepts paternity once the child has reached two years of age; and the minimum legal age for marriage remains 16 years (para.33).
(CEDAW/C/TUV/2)
Last reported: 29 July 2007
Concluding Observations: 7 August 2007
Issues raised:
Stereotypes: The Committee recognizes the rich culture and traditions of the State party and their importance in daily life and notes that some gender sensitivity training aimed at raising awareness and understanding of the Convention has been conducted in the capital and outer islands. However, the Committee expresses its concern at the persistence of adverse norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes, regarding the roles, responsibilities and identities of women and men in all spheres of life, especially in the outer islands. The Committee is concerned that such customs and practices perpetuate discrimination against women and girls, and that they are reflected in women’s disadvantageous and unequal status in many areas, including education and public life and decision-making, and the persistence of violence against women and that, thus far, the State party has not taken sustained and systematic action to modify or eliminate stereotypes and negative traditional values and practices.
The Committee invites the State party to view culture and tradition as dynamic aspects of the country’s life and social fabric and therefore as subject to change. It urges the State party to put in place without delay a comprehensive strategy, including legislation, to modify or eliminate cultural practices and stereotypes that discriminate against women in conformity with articles 2 (f) and 5 (a) of the Convention. This strategy should include awareness-raising efforts targeting women and men at all levels of society, including chiefs, island leaders and pastors, and be undertaken in collaboration with civil society and women’s organizations. (Paragraph 27).
Sexual exploitation: The Committee expresses serious concern at a number of discriminatory provisions in the 1978 Penal Code (Cap 8). It is particularly concerned that under section 156 (5) of the Penal Code, any female person 15 years of age or above who allows her grandfather, father, brother or son to have sexual intercourse with her shall be guilty of a felony. The Committee is also concerned by discriminatory provisions concerning prosecution and sentencing and by the fact that sentences for all sexual offences designate maximum but not minimum sentences, which could lead to light sentences for sexual offences that are not commensurate with the gravity of those offences. The Committee is further concerned that marital rape is not prohibited under the Penal Code. (Paragraph 31).
The Committee calls upon the State party to review and amend its legislative framework in respect of sexual offences to reflect the realities of sexual abuse experienced by women and to include marital rape as a specific offence. In particular, it calls upon the State party to repeal section 156 (5) of the Penal Code, which considers an incestuous sexual act to be an offence committed by both the perpetrator and the victim if the victim is 15 years of age or above. It recommends that the State party consult widely with women’s groups during its process of reform of laws and procedures relating to rape and sexual abuse and it encourages the State party to set a clear time frame for the completion of such a review.
Right to nationality: The Committee welcomes the information provided by the delegation that following a 2007 national amendment act, dual citizenship is now allowed. However, the Committee is concerned by information provided in the report that suggests that there is a discriminatory provision in the Constitution affecting, in certain circumstances, the transmission of citizenship by Tuvaluan women to their children on the basis of equality with men. (Paragraph 37).
The Committee requests the State party to amend without delay its legislation on nationality in order to bring it fully into line with article 9 of the Convention.
Education: The Committee welcomes the achievements in the field of education in the context of the Education for Life programme, including the achievement of Millennium Development Goal 2 on universal primary education and an adult literacy rate of 95 per cent, and it also notes the State party’s geographical constraints. However, the Committee is concerned by the marked difference in access to education between urban and rural or remote areas and by the fact that the principle of equality of women and men has not yet been incorporated into the higher levels of the education system, especially in respect of tertiary education. It is also concerned by the gender-specific fields of studies. While noting that there are no school dropouts, it is concerned at the lack of data on school “push outs” (students who did not pass the secondary entrance exam) owing to the absence of an appropriate monitoring system. It is further concerned that corporal punishment continues to be lawful in schools under article 29 of the Education Act (1976) and article 226 of the Penal Code, although it is not regularly used. (Paragraph 39).
The Committee recommends that the State party continue to strengthen its efforts under article 10 of the Convention through implementation of its Education for Life programme in order to achieve the equal access of all girls to all levels of education, including the higher levels. The Committee recommends that the State party take effective steps to encourage women to pursue tertiary education and choose non-traditional fields of study. It also recommends that it set up and implement an appropriate system to monitor school push outs and provide them with alternatives outside formal education, including vocational training. The Committee further recommends that the State party prohibit the use of corporal punishment in schools.
Sex education: It also requests the State party to strengthen and expand its efforts aimed at the prevention of teenage pregnancies and sexually transmitted infections by increasing knowledge about family planning, including contraceptives, and awareness of existing services. This should include the provision of comprehensive, youth-friendly sexual and reproductive health-care services, confidence-building programmes and age-appropriate sex education as part of the formal and informal education curricula, targeted at girls and boys. Such programmes should take due account of traditions and the physical barriers confronting women in rural areas. (Paragraph 43).
HIV/AIDS: While noting the information provided on some initiatives undertaken to prevent and combat HIV/AIDS, the Committee is concerned about the lack of sex- disaggregated data on infection in the State party and it is concerned that women and girls may be particularly susceptible to infection due to gender-specific norms. The Committee is especially concerned that the persistence of unequal power relations between women and men and the inferior status of women and girls may hamper their ability to negotiate safe sexual practices and increase their vulnerability to infection. (Paragraph 45).
The Committee recommends that the State party take effective measures to address the impact of HIV/AIDS on women and girls, as well as its social and family consequences. It urges the State party to enhance its focus on women’s empowerment, include clearly and visibly a gender perspective in its policies and programmes on HIV/AIDS and increase the role of men in all relevant measures. The State party is encouraged to undertake awareness-raising campaigns among Government personnel in respect of prevention, protection, and maintenance of confidentiality in order to systemize and integrate approaches for multiple government sectors. The Committee recommends that the State party report, in its next report, on measures taken in this respect, obstacles encountered and results achieved.
Children born out of wedlock: The Committee is concerned that, according to section 20 of the Native Lands Act, the custodial rights of a child born out of wedlock will automatically be given to the father if he accepts paternity once the child is two years of age. The Committee is also concerned by reports of forced or arranged marriages, especially in the outer islands, and that the age of marriage is 16 years. The Committee is further concerned that the dissolution of marriage leaves women and children in a vulnerable situation particularly if the husband’s earnings are the primary source of income for the family — as is often the case — and it is concerned by the failure of the State party to enforce maintenance orders and by reports that some women are ashamed to ask for such maintenance. (Paragraph 51).
The Committee urges the State party to complete its law reform in the area of family law in accordance with articles 15 and 16 of the Convention, within a specific time frame, and ensure that spouses have the same rights and responsibilities both during marriage and in the event of its dissolution. The Committee calls upon the State party to raise the minimum age of marriage to 18 years. It invites the State party to put in place adequate legislative and other measures, including the review and amendment of existing laws, to guarantee the enforcement of maintenance orders and to amend section 20 of the Native Lands Act concerning custody over children born out of wedlock.
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UN Committee against Torture
Not yet signed or ratified.
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UN Subcommittee on Prevention of Torture
No visits undertaken.
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UN Committee on Migrant Workers
Not yet signed or ratified.
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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.