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Summary: The violations highlighted are those issues raised with the State by more than one international human rights 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. Scroll to: ______________________________________________________________ The Committee is concerned at the restriction imposed on the freedom of movement and peaceful assembly of children by the anti-social behaviour orders (ASBOs) (see also paras. 79 and 80 below) as well as by the use of the so-called “mosquito devices” and the introduction of the concept of “dispersed zones”. The Committee recommends that the State party reconsider the ASBOs as well as other measures such as the mosquito devices insofar as they may violate the rights of children to freedom of movement and peaceful assembly, the enjoyment of which is essential for the children’s development and may only subject to very limited restrictions as enshrined in article 15 of the Convention. (Paragraphs 34 and 35) The Committee is concerned that: (b) the State party has not taken sufficient measures to protect children, notably those subject to ASBOs, from negative media representation and public “naming and shaming”; The Committee is also concerned that the steady reduction in playgrounds occurring in recent years has the effect to push children into gathering in public open spaces, a behaviour that, however, may be seen as anti-social according to the ASBOs. (Paragraph 68) The Committee is concerned at the application to children of the Anti-Social (a) At the ease of issuing such orders, the broad range of prohibited behaviour and the fact that the breach of an order is a criminal offence with potentially serious consequences; The Committee recommends that the State party conduct an independent review of ASBOs, with a view to abolishing their application to children. (Paragraphs 79 and 80) UN Human Rights Committee The Committee is concerned that despite anti-social behaviour orders (ASBOs) being civil orders, their breach constitutes a criminal offence which is punishable by up to five years in prison. The Committee is especially concerned with the fact that ASBOs can be imposed on children as young as 10 in England and Wales and 8 in Scotland, and with the fact that some of these children can subsequently be detained for up to two years for breaching them. The Committee is also concerned with the manner in which the names and photographs of persons subject to ASBOs (including children) are frequently widely disseminated in the public domain. (arts. 14, paragraph 4 and 24) The Committee welcomes the State party’s commitment to withdraw its reservation to article 22, as well as the introduction of a new asylum procedure in March 2007 whereby all asylum applications from children are considered by specially trained “case owners”, who are especially trained to interview children. It also welcomes the fact that the United Kingdom Border Agency (UKBA) has engaged in a wide process of reform concerning unaccompanied asylum-seeking children in the State party as well as the plan to legislate a specific statutory child safeguarding duty on the UK Border Agency. However, the Committee is concerned that: (a) As also acknowledged recently by the Human Rights Committee, asylum-seeking children continue to be detained, including those undergoing an age assessment, who may be kept in detention for weeks until the assessment is completed; The Committee recommends that the State party: (a) Intensify its efforts to ensure that detention of asylum-seeking and migrant children is always used as a measure of last resort and for the shortest appropriate period of time, in compliance with article 37 (b) of the Convention; UN Human Rights Committee The Committee remains concerned that the State party has continued its practice of detaining large numbers of asylum-seekers, including children. Furthermore, the Committee reiterates that it considers unacceptable any detention of asylum-seekers in prisons and is concerned that while most asylum-seekers are detained in immigration centres, a small minority of them continue to be held in prisons, allegedly for reasons of security and control. It is concerned that some asylum-seekers do not have early access to legal representation and are thus likely to be unaware of their right to make a bail application which is no longer automatic since the enactment of the Nationality, Immigration and Asylum Act 2002. The Committee is also concerned by the failure to keep statistics on persons subject to deportation who are removed from Northern Ireland to Great Britain, as well as their temporary detention in police cells. (arts. 9, 10, 12 and 24) The State party should review its detention policy with regard to asylum-seekers, especially children. It should take immediate and effective measures to ensure that all asylum-seekers who are detained pending deportation are held in centres specifically designed for that purpose, should consider alternatives to detention, and should end the detention of asylum-seekers in prisons. It should also ensure that asylum-seekers have full access to early and free legal representation so that their rights under the Covenant receive full protection. It should provide appropriate detention facilities in Northern Ireland for persons facing deportation. (Paragraph 21) UN Committee against Torture The Committee notes that the expansion of immigration detention has prompted some reforms including the adoption of the Borders, Citizenship, and Immigration Act (2009), aimed at streamlining immigration processes, the official disavowal of child detention, and revised processes for dealing with Rule 35 of the Detention Centre Rules. The Committee remains concerned at: (a) Instances where children, torture survivors, victims of trafficking, and persons with seriously mental disability were detained while their asylum cases were decided; The Committee urges the State party to: (a) Ensure that detention is used only as a last resort in accordance with the requirements of international law and not for administrative convenience; Under a new asylum model introduced in March 2007, asylum-seekers are not detained, but are subject to closer contact management, through a dedicated Home Office case-owner, and have decisions on their asylum claims made according to faster schedules. Despite the fact that the model offers accelerated decision-making processes and increased contact with asylum-seekers without resorting to detention, the Special Rapporteur’s attention was also drawn to cases of children, torture survivors and trafficked women who were detained while their asylum cases were being decided. (Paragraph 50) The Special Rapporteur remains concerned about the use of detention in immigration control and the process of refugee status determination. In this connection, the House of Commons has stated in a report that nearly 1,000 children in families each year are detained in immigration removal centres. Stakeholders estimate that the figure is actually double that. (Paragraph 55) The Special Rapporteur has been informed of the instruction issued by UKBA regarding age-disputed cases of asylum-seekers, whereby “the claimant should be treated as an adult if their physical appearance/demeanour very strongly suggests that they are significantly over 18 years of age” and expresses concern about the lack of recognition of the benefit of the doubt in age-disputed cases. He notes with dismay that this guidance relies excessively on subjective criteria, having as a consequence the possibility that minors could be considered as adults throughout the application process and detained on this basis. Furthermore “the lack of available information about the range of children involved [in asylum-seeking] raises considerable concern about safeguarding arrangements”. (Paragraph 56) In relation to the protection of children in the context of migration, the Special Rapporteur recommends that the Government: Universal Periodic Review (2012) 110.7. Withdraw its reservations to the CRC concerning detained and asylum seeking children (Iran (Islamic Republic of)); (accepted) The Committee, while noting amendments to legislation in England, Wales, Scotland and Northern Ireland which restrict the application of the defence of “reasonable chastisement”, is concerned that this defence has not been removed. The Committee welcomes the commitment of the National Assembly in Wales to prohibiting all corporal punishment in the home, but notes that under the terms of devolution it is not possible for the Assembly to enact the necessary legislation. The Committee is concerned at the failure of State party to explicitly prohibit all corporal punishment in the home and emphasises its view that the existence of any defence in cases of corporal punishment of children does not comply with the principles and provisions of the Convention, since it would suggest that some forms of corporal punishment are acceptable. The Committee is further concerned that corporal punishment is lawful in the home, schools and alternative care settings in virtually all overseas territories and crown dependencies. The Committee, reiterating its previous recommendations (CRC/C/15/Add.188, para. 35), in the light of its general comment No. 8 on “the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”, as well as noting similar recommendations made by the Human Rights Committee; the Committee on the Elimination of Discrimination Against Women; and the Committee on Economic, Social and Cultural Rights, recommends that the State party: (a) Prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, in England and Wales, Scotland, and Northern Ireland, and in all Overseas Territories and Crown Dependencies; UN Human Rights Committee The Committee notes with concern that corporal punishment of children is not prohibited in schools in Bermuda, the British Virgin Islands, Gibraltar, Montserrat and the Crown Dependencies. (arts. 7 and 24) [The Committee] also remains concerned that corporal punishment of children in the home is not yet prohibited by law. The Committee reiterates its recommendation that physical punishment of children in the home be prohibited by law. (Paragraph 24) UN Committee on the Elimination of Discrimination against Women The Committee further recalls its previous concluding observations (A/63/38, paras. 280 and 281) and is concerned that corporal punishment remains lawful in the home. (Paragraph 34) Recalling its general recommendation No. 19 (1992) on violence against women, and its previous recommendation, the Committee urges the State party to: (e) Revise its legislation to prohibit corporal punishment of children in the home. UN Committee against Torture The Committee takes note of amendments to legislation in England, Wales, Scotland and Northern Ireland, which limit the application of the defence of “reasonable punishment” (or “justifiable assault” in Scotland), but remains concerned that some forms of corporal punishment are still legally permissible in the home for parents and those in loco parentis. In addition, it expresses concern that some forms of corporal punishment is lawful in the home, schools and alternative care settings in almost all overseas territories and crown dependencies. Universal Periodic Review (2012) 110.78. Reconsider its position about the continued legality of corporal punishment of children (Sweden); (rejected) 110.80. Introduce a ban on all corporal punishment of children as recommended by the CRC and other treaty bodies (Finland); (rejected) The Committee recommends that the State party: (b) Ensure that professionals working with children (including teachers, social workers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children; (Paragraph 51) UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that, despite the steps taken by the State party, domestic violence, and in particular violence against women, is still a widespread problem. The Committee recommends that the State party reinforce its measures to combat violence against women. It further recommends that the State party intensify its efforts to raise awareness of the gravity of this offence and the mechanisms available to victims of domestic violence, to improve training for police and law enforcement officials and judges in relation to rape cases, and to increase the support services for victims at the local level. (Paragraph 24) UN Committee on the Elimination of Discrimination against Women The Committee commends the State party for launching the “Call to End Violence against Women and Girls” in 2010. It notes that the State party intends to ratify the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), and to criminalise forced marriage. However, it is concerned at continued reports of violence against women, including domestic violence, particularly affecting black and minority ethnic women, and the so-called honour killings against ethnic minority women. The Committee is also concerned at reports of negative police attitudes towards women who are victims of domestic violence. The Committee further recalls its previous concluding observations (A/63/38, paras. 280 and 281) and is concerned that corporal punishment remains lawful in the home. (Paragraph 34) Recalling its general recommendation No. 19 (1992) on violence against women, and its previous recommendation, the Committee urges the State party to: (b) Increase its efforts in the protection of women, including black and minority women, against all forms of violence, including domestic violence, and the so-called honour killings; and Universal Periodic Review (2012) 110.29. Sign and ratify the Council of Europe Convention on Preventing and Combatting Violence against Woman and Domestic Violence (France); (accepted) The Committee notes with appreciation the increase in expenditures on children in recent years. Nevertheless, the Committee is concerned that the increases are not sufficient to eradicate poverty and tackle inequalities and that the lack of consistent budgetary analysis and child rights impact assessment makes it difficult to identify how much expenditure is allocated to children across the State party and whether this serves to effectively implement policies and legislation affecting them. The Committee recommends that the State party, in accordance with article 4 of the Convention, allocate the maximum extent of available resources for the implementation of children’s rights, with a special focus on eradicating poverty and that it reduce inequalities across all jurisdictions. In this endeavour, the State party should take into account the Committee’s recommendations issued after the day of general discussion of 21 September 2007 devoted to "Resources for the rights of the child - responsibility of States". Child rights impact assessment should be regularly conducted to evaluate how the allocation of budget is proportionate to the realisation of policy developments and the implementation of legislation. (Paragraphs 18 and 19) UN Committee on Economic, Social and Cultural Rights The Committee welcomes the measures adopted by the State party which contribute to the implementation of the Covenant rights, which inter alia have led to a decreased number of children living in poverty, improved conditions of work, and enhanced overall levels of health. It notes with appreciation the various legislative and policy reforms undertaken, including the Homelessness etc. (Scotland) Act 2003, the Childcare Act 2006, and the National Health Service Constitution (final text published on 21 January 2009). (Paragraph 7) Universal Periodic Review (2012) 110.41. Set out a clear pathway to meet the goal of ending child poverty in the UK by 2020 as stated in the Coalition’s programme for government (Norway); (accepted) The Committee is concerned that: (a) The age of criminal responsibility is set at 8 years of age in Scotland and at 10 years for England, Wales and Northern Ireland; (Paragraph 77) The Committee recommends that the State party fully implement international standards of juvenile justice, in particular articles 37, 39 and 40 of the Convention, as well as general comment No. 10 on “Children’s rights in juvenile justice” 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”). It also recommends that the State party: (a) Raise the minimum age of criminal responsibility in accordance with the Committee’s general comment No. 10, and notably its paragraphs 32 and 33; (Paragraph 78) UN Committee against Torture The Committee welcomes the enactment of the Criminal Justice and Licensing (Scotland) Act 2010, which raises the age of criminal prosecution from 8 to 12 years in Scotland. The Committee remains concerned, however, that criminal responsibility starts at the age of 8 in Scotland and 10 years in England, Wales and Northern Ireland and regrets the State party’s reluctance to raise it despite the call of more than 50 organisations, charities and experts in December 2012 and the repeated recommendations made by the Committee on the Rights of the Child (CRC/C/15/ADD.135, CRC/C/15/ADD.188, CRC/C/GBR/CO/4) (arts. 2 and 16). Universal Periodic Review (2012) 110.95. Consider the possibility of raising the age of criminal responsibility for minors (Chile); (rejected) The Committee is concerned that: (c) The number of children deprived of liberty is high, which indicates that detention is not always applied as a measure of last resort; The Committee recommends that the State party fully implement international standards of juvenile justice, in particular articles 37, 39 and 40 of the Convention, as well as general comment No. 10 on “Children’s rights in juvenile justice” 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”). It also recommends that the State party: (b) Develop a broad range of alternative measures to detention for children in conflict with the law; and establish the principle that detention should be used as a measure of last resort and for the shortest period of time as a statutory principle; Universal Periodic Review (2012) 110.87. Take concrete steps to further reduce overcrowding of prisons, including through the increased application of alternative sentencing for juvenile offenders (Austria); (accepted) 110.96. Ensure that the best interests of the child are taken into account when arresting, detaining, sentencing or considering early release for a sole or primary carer of the child, bearing in mind that visits of a parent in prison are primarily a right of the child rather than a privilege of the prisoner that can be withdrawn as a disciplinary measure (Slovakia); (accepted) Inappropriate use of restraint in places of deprivation of liberty The Committee notes that the State party has reviewed the use of physical restraint and solitary confinement to ensure that these measures are not used unless absolutely necessary and as a measure of last resort. However, the Committee remains concerned at the fact that, in practice, physical restraint on children is still used in places of deprivation of liberty. The Committee urges the State party to ensure that restraint against children is used only as a last resort and exclusively to prevent harm to the child or others and that all methods of physical restraint for disciplinary purposes be abolished. (Paragraphs 38 and 39) UN Committee against Torture The Committee is concerned that the State party is still using techniques of restraint that aim to inflict deliberate pain on children in Young Offender Institutions, including to maintain good order and discipline (arts. 2 and 16). The Committee notes with appreciation the numerous efforts of the State party in the sphere of education, in order to guarantee the objectives set out in the Convention. However, it is concerned that significant inequalities persist with regard to school achievement of children living with their parents in economic hardship. Several groups of children have problems being enrolled in school or continuing or re- entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.), and teenage mothers. Furthermore, the Committee is concerned that: (a) Participation of children in all aspects of schooling is inadequate, since children have very few consultation rights, in particular they have no right to appeal their exclusion or to appeal the decisions of a special educational needs tribunal; The Committee recommends that the State party: (a) Continue and strengthen its efforts to reduce the effects of the social background of children on their achievement in school; UN Committee on Economic, Social and Cultural Rights The Committee is concerned that significant disparities in terms of school performance and dropout rates continue to exist between pupils belonging to ethnic, religious or national minorities, in particular Roma/Gypsies, Irish Travellers, and other students, in spite of the efforts undertaken by the State party to address the social and economic inequalities existing in the field of education (arts. 13 and 2, para. 2) UN Committee on the Elimination of Racial Discrimination While noting that some efforts have been made by the State party to improve the well-being of Gypsies and Traveller communities, the Committee remains concerned that such efforts have not substantially improved their situation. The Committee thus regrets that these communities continue to register poor outcomes in the fields of health, education, housing and employment. The Committee further regrets reports of increased negative stereotypes and stigmatisation of these communities within the wider society (arts. 2 and 5(d)(i), (e)(i)(iii)(iv) and (v)). Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee recommends that the State party should strengthen its efforts to improve the situation of Gypsies and Travellers. The State party should ensure that concrete measures are taken to improve the livelihoods of these communities by focusing on improving their access to education, health care and services, and employment and providing adequate accommodation, including transient sites, in the State party. The Committee further recommends that the State party ensure that representatives of these communities are adequately consulted before any measures that impact on their situation, such as those proposed under the Localism agenda, are implemented. (Paragraph 27) UN Special Rapporteur on racism However, some think that insufficient attention is paid to cultural diversity, that the national curriculum continues to overemphasise British and Christian culture and that teachers do not receive adequate training in non-racist attitudes that could facilitate their relations with students from ethnic minorities. Many such students have problems in school because English is not their mother tongue. The special courses organised for them have not yet achieved the desired results, and recruitment of bilingual teachers remains insufficient. There is a strong trend towards academic failure among children and adolescents from ethnic minorities, particularly in the Afro-Caribbean and Bangladeshi communities, perhaps as a result of problems present in those communities (the break-up of families, tension between the traditional and British cultures, parental unemployment and poverty), but also because the school environment is hostile to them and teachers may be prejudiced against them. For example, Afro-Caribbean children and adolescents are often considered to be undisciplined and to have little interest in school and, as a result, are marginalised and excluded for the slightest act of misbehaviour. Students from ethnic minorities may also be psychologically affected by racist harassment from their fellow-students to the point that their studies suffer in consequence. Paragraphs 36 to 39) UN Special Rapporteur on the right to freedom of opinion and expression Another issue touches upon the use of languages other than English. There are about 25,000 Irish language speakers in Belfast. There has been a long campaign by activists to promote the use of the Irish language, which has in the past been met with hostility or indifference by the State. This campaign has been met with differing levels of official resistance. In particular, the campaign has focused on the use of the Irish language in schools. In addition, other individuals now campaign on behalf of the Ulster Scots language. Generally the Irish language campaign is seen as nationalist, while the Ulster Scots campaign is considered as unionist. Furthermore, there is a genuine disagreement amongst linguists about whether Ulster Scots is a language or a dialect. Nevertheless, it has a growing importance in terms of the unionist community’s cultural identity. The Special Rapporteur considers that steps should be taken to improve the situation with regard to language, in particular by increasing the use of these languages in the media of Northern Ireland. (Paragraph 89) UN Special Rapporteur on freedom of religion UN Special Rapporteur on the right to education See full report here: http://www.crin.org/resources/infodetail.asp?ID=25636. Universal Periodic Review (2012) 110.106. Adopt a strategy so that children of vulnerable groups are not excluded from the education system (Costa Rica); (accepted) [T]he Committee is concerned that: (e) The problem of segregation of education is still present in Northern Ireland; The Committee recommends that the State party: (i) Take measures to address segregation of education in Northern Ireland; UN Special Rapporteur on freedom of religion The Special Rapporteur shares the concerns raised by the Committee on Economic, Social and Cultural Rights that the educational structure in Northern Ireland continues to be heavily segregated on the basis of religion, despite the increased demand for integrated schools. Furthermore, Catholic staff is underrepresented in the Police Service of Northern Ireland, the prison service and other criminal justice agencies. In this regard, the Special Rapporteur welcomes affirmative actions strategies to ensure that these agencies can recruit a more representative workforce. She would like to recommend that such measures should also address adequate representation of all religious or belief communities. The Special Rapporteur is alarmed about reports that schoolchildren in Northern Ireland are often targets of abuse or physical attacks owing to their school uniforms or their itinerary to school, which are deemed to identify their religious affiliation. The Government has a duty to protect children against such attacks and should adopt the best interests of the child as a paramount consideration in all legislation and policy affecting children throughout its territory. In legislation on offences aggravated by hostility it may be advisable to refer not only to actual religious belief but also to the accused’s perception of the religious, social or cultural affiliation of the targeted individual or group. The Special Rapporteur was told that sectarianism is deep-rooted in many minds; apparently even in casual conversations people try to seek indications - such as residence, education or support for a specific football team - about the religious affiliation of their interlocutor. In terms of prevention, the Special Rapporteur recommends schools to raise awareness, stimulate debate and encourage people to discuss the root causes of sectarian tensions and what role they can play in challenging religious prejudice. In this regard, football clubs throughout the United Kingdom may also have a role to play in dealing with the sectarian behaviour of their own or visiting fans. The Special Rapporteur would like to emphasise that tackling the sectarian polarisation in Northern Ireland should not lead to disregarding the situation and concerns of religious minorities, for example with regard to physical attacks against their members, the siting of non-Christian places of worship and religious education in schools. Furthermore, the low number of followers of some minority faiths in Northern Ireland seems to make adherence to their dietary or worship practices difficult. Consequently, the Government needs to ensure that those wishing to worship, either individually or in community with others, are facilitated in doing so. (Paragraphs 63 to 65) The Committee is concerned that: (a) Participation of children in all aspects of schooling is inadequate, since children have very few consultation rights, in particular they have no right to appeal their exclusion n or to appeal the decision of a special educational needs tribunal' The Committee recommends that the State party: (d) Use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and get social workers and educational psychologists in school in order to help children in conflict with school; UN Committee on the Elimination of Racial Discrimination In the education sector, the Committee notes that the rate of school exclusion of Black pupils is decreasing, but is still disproportionately high. The Committee also notes the relative lack of success in addressing under-achievement in schools, particularly for those groups which have been identified as most affected, notably Gypsy and Traveller children and Afro-Caribbeans (articles 2 and 5(e)(v)). The Committee welcomes the State party’s plans to consolidate and strengthen equality legislation, with clear opportunities to mainstream children’s right to non- discrimination into the United Kingdom anti-discrimination law (the forthcoming Equality Bill). The Committee also welcomes the adoption of action plans and the monitoring and information collection work carried out on the issue of discrimination. However, the Committee is concerned that in practice certain groups of children, such as: Roma and Irish Travellers’ children; migrant, asylum-seeking and refugee children; lesbian, bisexual, gay, and transgender children (LBGT) and children belonging to minority groups continue to experience discrimination and social stigmatisation. The Committee is also concerned at the general climate of intolerance and negative public attitudes towards children, especially adolescents, which appears to exist in the State party, including in the media, and may be often the underlying cause of further infringements of their rights. The Committee recommends that the State party ensure full protection against discrimination on any grounds, including by: (b) Strengthening its awareness-raising and other preventive activities against discrimination and, if necessary, taking affirmative actions for the benefit of vulnerable groups of children, such as Roma and Irish Travellers’ children; migrant, asylum-seeking and refugee children; lesbian, bisexual, gay and transgender children (LBGT); and of children belonging to minority groups; (Paragraphs 24 and 25) Furthermore, the Committee is concerned that the Government’s strategy is not sufficiently targeted at those groups of children in most severe poverty and that the standard of living of Traveller children is particularly poor. (Paragraph 64) The Committee would like to highlight that an adequate standard of living is essential for a child’s physical, mental, spiritual, moral and social development and that child poverty also affects infant mortality rates, access to health and education as well as everyday quality of life of children. In accordance with article 27 of the Convention, the Committee recommends that the State party: (d) Reintroduce a statutory duty for local authorities to provide safe and adequate sites for Travellers. (Paragraph 65) Several groups of children have problems being enrolled in school or continuing or re- entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.), and teenage mothers. (Paragraph 66) UN Committee on the Elimination of Racial Discrimination While noting that some efforts have been made by the State party to improve the well-being of Gypsies and Traveller communities, the Committee remains concerned that such efforts have not substantially improved their situation. The Committee thus regrets that these communities continue to register poor outcomes in the fields of health, education, housing and employment. The Committee further regrets reports of increased negative stereotypes and stigmatisation of these communities within the wider society (arts. 2 and 5(d)(i), (e)(i)(iii)(iv) and (v)). The Committee deeply regrets the State party’s insistence on proceeding immediately with the eviction of the Gypsy and Traveller community at Dale Farm in Essex before identifying and providing alternative culturally appropriate housing for members of these communities. The Committee further regrets the State party’s failure to assist the communities in finding suitable alternative accommodation (art. 5(e)(iii)). The Committee notes with appreciation the information that the State party intends to ratify the Council of Europe Convention on Action against Trafficking in Human Beings. While welcoming the adoption of the United Kingdom Anti- trafficking Action Plan, it is concerned that the necessary resources to implement it are not being provided, including those needed to ensure the provision of high quality services and safe accommodation for trafficked children. The Committee recommends that the State party provide the necessary resources for an effective implementation of the Anti-trafficking Action Plan. It also recommends that the State party ratify the Council of Europe Convention on Action against Trafficking in Human Beings and implement its obligations by ensuring that child protection standards for trafficked children meet international standards. (Paragraphs 75 and 76) UN Committee on the Elimination of Discrimination against Women The Committee is concerned at the lack of a comprehensive national framework on trafficking, considering the nature and complexity of this phenomenon and its prevalence, notwithstanding the clear recommendations of the Equality and Human Rights Commission Inquiry into Human Trafficking in Scotland and the Group of Experts on Action against Trafficking in Human Beings under the Council of Europe Convention on Action against Trafficking in Human Beings. The Committee is also concerned at alleged weaknesses of the National Referral Mechanism in identifying victims of trafficking and the lack of adequate support provided to them. (Paragraph 38) The Committee urges the State party to: (a) Adopt a comprehensive national framework to combat trafficking in women and girls; and UN Committee against Torture The Committee remains concerned at: (a) Instances where children, torture survivors, victims of trafficking, and persons with seriously mental disability were detained while their asylum cases were decided; (Paragraph 30) UN Special Rapporteur on migrants During 2008 and 2009, the Home Affairs Committee conducted an inquiry into human trafficking, in which it highlighted the lack of accurate statistical information and estimated that there are at least 5,000 trafficked victims in the United Kingdom.10 Between April and September 2009, China and Nigeria were the main source countries for the 347 victims referred to the United Kingdom Human Trafficking Centre. Over the same period, there were also 31 female victims of sexual exploitation under 18 years old, which means that approximately 43 per cent of cases concerned trafficking of women for sexual exploitation. Between March 2007 and February 2008, 325 children from 52 different countries of origin were identified as potentially trafficked or exploited. Many of the children came from the United Kingdom, but also from Afghanistan, China, Nigeria, Romania and Viet Nam. Some of them have been forced to work in brothels and restaurants. (Paragraph 9) The Child Exploitation and Online Protection Centre has a child trafficking unit mandated to act as focal point for producing and disseminating information on and raising knowledge and understanding of the nature and scale of the trafficking of children in the United Kingdom, along with policy, guidance and training on the best responses to the problems identified. On the ground, children services departments are responsible for supporting and protecting children abused or with specific needs, by providing foster and/or residential care. Assessment or duty teams carry out an initial assessment and facilitate children’s access to the various specialist teams, including the team for children with disabilities, the child protection team, a family support team or a “looked after children team”. The social worker assigned to a specific case establishes a detailed core assessment of the child’s needs and then develops a plan to be followed accordingly. (Paragraph 32) The Special Rapporteur also commends governmental efforts to address the phenomenon of child trafficking, inter alia, through the provision of specialised training for immigration officers and other UKBA staff and the publication of various guidance notes on protecting children. However, he is concerned about reports of a significant number of possible child victims of trafficking who may become unaccounted for by the local authority of children’s services and who are allegedly often re-trafficked or subjected to further abuse or exploitation.49 He is also concerned about the capacity of the existing agencies to provide comprehensive protection and assistance to child victims of trafficking, including safe accommodation, particularly in the light of information indicating that trafficked child victims are rarely provided with a full needs assessment, unlike in the case of British children, and that they are routinely accommodated in hostels rather than in specialised shelters or foster care, even when they are severely traumatised and still at risk. (Paragraph 66) Concerning data collection, the Special Rapporteur wishes to stress the importance of the availability of data on the international migrant stock disaggregated, inter alia, by age, country of origin, sex, educational attainment and occupation and encourages the Government to strengthen efforts to: (a) Determine the number of victims of trafficking in persons, including for sexual exploitation and forced labour; (Paragraph 82) Universal Periodic Review (2012) 110.72. Increase efforts to combat trafficking in persons, particularly to protect women and children (Spain); (accepted) While noting the efforts undertaken by the State party in the areas which affect adolescents, the Committee remains concerned at the high rate of teenage pregnancies, especially among girls from a lower socio-economic background and in the Overseas Territories, in particular Turks and Caicos. The Committee recommends that the State party intensify its efforts in order to provide adolescents with appropriate reproductive health services, including reproductive health education, in school. (Paragraphs 60 and 61) UN Committee on the Elimination of Discrimination against Women While noting the adoption of the Education Act in 2011, the Committee is concerned that it is not compulsory to provide personal, social and health education (PSHE), and education on sexual relationships in all schools. The Committee recommends that the State party should: (a) Consider introducing mandatory age appropriate education on sexual and reproductive rights in school curricula, including issues on gender relations and responsible sexual behaviour , particularly targeting adolescent girls (Paragraphs 44 and 45) [The] Committee is concerned that (c) Bullying is a serious and widespread problem, which may hinder children’s attendance at school and successful learning; The Committee recommends that the State party: (f) Intensify its efforts to tackle bullying and violence in schools, including through teaching human rights, peace and tolerance; (Paragraphs 66 and 67) UN Committee on the Elimination of Racial Discrimination While welcoming the adoption of the national approach to racist bullying that was published in November 2010 and the introduction of respectme, a Scottish anti-bullying service that is partly funded by the Government, the Committee expresses concern at the increased reports of racist bullying and name-calling in the State party’s schools (arts. 2 and 5(e)(v)). UN Committee on the Elimination of Discrimination against Women The Committee is also concerned at reports of bullying, expressions of racist sentiments and harassment of girls in schools. The Committee recommends that the State party should: (b) Enhance measures to prevent, punish and eradicate all forms of violence against women and girls, including bullying and expressions of racist sentiments, in educational institutions; (Paragraphs 44 and 45) The Committee welcomes the efforts undertaken by the State party to tackle the problem of violence, abuse and neglect of children. However, the Committee remains alarmed at the high prevalence of violence, abuse and neglect of children, including in the home, and at the lack of a comprehensive nationwide strategy in this regard. The Committee regrets that there is still no comprehensive system of recording and analysing abuses committed against children and that mechanisms of physical and psychological recovery and social reintegration for victims are not sufficiently available across the State party. The Committee recommends that the State party: (a) Establish mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation, including within the family, in schools and in institutional or other care; UN Committee against Torture While welcoming the establishment in May 2012 of the Historical Institutional Abuse Inquiry, which will investigate the experiences of abuse of children in residential institutions in Northern Ireland between 1922 and 1995, the Committee regrets that some victims, such as women over 18 who were confined in Magdalene Laundries and equivalent institutions, as well as clerical abuse survivors, will fall outside the remits of the inquiry (arts. 2, 12, 13, 14 and 16). UN Special Rapporteur on freedom of religion The Special Rapporteur is alarmed about reports that schoolchildren in Northern Ireland are often targets of abuse or physical attacks owing to their school uniforms or their itinerary to school, which are deemed to identify their religious affiliation. The Government has a duty to protect children against such attacks and should adopt the best interests of the child as a paramount consideration in all legislation and policy affecting children throughout its territory. In legislation on offences aggravated by hostility it may be advisable to refer not only to actual religious belief but also to the accused’s perception of the religious, social or cultural affiliation of the targeted individual or group. The Special Rapporteur was told that sectarianism is deep-rooted in many minds; apparently even in casual conversations people try to seek indications - such as residence, education or support for a specific football team - about the religious affiliation of their interlocutor. In terms of prevention, the Special Rapporteur recommends schools to raise awareness, stimulate debate and encourage people to discuss the root causes of sectarian tensions and what role they can play in challenging religious prejudice. In this regard, football clubs throughout the United Kingdom may also have a role to play in dealing with the sectarian behaviour of their own or visiting fans. (Paragraph 64) The Committee, while welcoming the State party’s abolition of the use of plastic baton rounds as a means of riot control in Northern Ireland, is concerned that they were replaced by the Attenuating Energy Projectiles (AEP), whose less harmful nature has not been proven. The Committee is also concerned at the authorisation of Taser guns for police officers in England and Wales, and also in Northern Ireland as a pilot project, and that in both cases they can be used on children. The State party should treat Taser guns and AEPs as weapons subject to the applicable rules and restrictions and put an end to the use of all harmful devices on children. (Paragraphs 30 and 31) UN Committee against Torture While taking note of the guidance for England and Wales, which seeks to limit the use of electrical discharge weapons to situations where there is a serious threat of violence, the Committee expresses concern that the use of electrical discharge weapons almost doubled in 2011 and that the State party intends to further extend their use in the Metropolitan Police area. In addition, it is deeply concerned at instances where electrical discharge weapons were used on children, persons with disabilities and in recent policing operations where the serious threat of violence was questioned (arts. 2 and 16). The State party should ensure that electrical discharge weapons are used exclusively in extreme and limited situations where there is a real and immediate threat to life or risk of serious injury, as a substitute for lethal weapons, and by trained law enforcement personnel only. The State party should revise the regulations governing the use of such weapons, with a view to establishing a high threshold for their use, and expressly prohibiting their use on children and pregnant women. The Committee is of the view that the use of electrical discharge weapons should be subject to the principles of necessity and proportionality and should be inadmissible in the equipment of custodial staff in prisons or any other place of deprivation of liberty. The Committee urges the State party to provide detailed instructions and adequate training to law enforcement personnel entitled to use electric discharge weapons and to strictly monitor and supervise their use. (Paragraph 26) The Committee –despite the considerable financial investment, especially in England - is concerned that, while 1 in 10 children in the State party have a diagnosable mental health problem, only around 25 per cent of them have access to the required treatment and care and that children may still be treated in adult psychiatric wards. The Committee is also concerned that in Northern Ireland - due to the legacy of the conflict - the situation of children in this respect is particularly delicate. The Committee recommends that additional resources and improved capacities be employed to meet the needs of children with mental health problems throughout the country, with particular attention to those at greater risk, including children deprived of parental care, children affected by conflict, those living in poverty and those in conflict with the law. (Paragraphs 56 and 57) UN Committee against Torture The Committee is concerned about the steady increase in the prison population throughout the past decade and the problem of overcrowding, and its impact on suicide rate, cases of self-injuries, prisoner violence and access to recreational activities. The Committee echoes the concerns raised by the UK National Preventive Mechanism in 2010 concerning deficiencies in the access to appropriate mental health care and treatment and inappropriate placements of children. It is deeply concerned that children with mental disabilities can sometimes be placed in police custody in England for [their] “own interest or for the protection of others” (arts. 11 and 16). UN Special Rapporteur on migrants Information received suggests that the great majority of separated asylum-seeking children are registered with a general practitioner. However, an overwhelming concern among nearly all stakeholders was the issue of interpreters and how the lack thereof and the reluctance of health services to use them affected children’s access and ability to understand and continue with treatment. This seems to be the case across a range of different services including general practitioners, hospitals and counselling and specialist mental health services. In view of the above, the Special Rapporteur welcomes the findings from a joint review carried out by the Department of Health and the Home Office on access to the National Health Service by foreign nationals in July 2009, which recommends, inter alia, that refused asylum-seekers or unaccompanied asylum-seeking children should not be charged for access to secondary health care. (Paragraph 68) The Committee welcomes the establishment of independent Children’s Commissioners in all four component societies of the United Kingdom and the numerous initiatives they have taken for the promotion and protection of child rights, but is concerned that their independence and powers are limited and that they are not established in full compliance with the Paris Principles. The Committee recommends that the State party ensure that all four established Commissioners be independent, in compliance with the Paris Principles and mandated, inter alia, to receive and investigate complaints from or on behalf of children concerning violations of their rights. These bodies should be equipped with the necessary human and financial resources in order to carry out their mandate in an effective and coordinated manner so that the rights of all children in all parts of the State party are safeguarded. In this regard, the Committee draws the attention of the State party to its general comment No. 2 (2002) on the role of independent national human rights institutions in the promotion and protection of the rights of the child. (Paragraphs 16 and 17) UN Special Rapporteur on migrants Concerning independent bodies, such as the national human rights institutions and the children’s commissioners, the Special Rapporteur encourages them to operate within the framework of the Paris Principles and to continue cooperating among themselves, as well as to adopt a coordinated approach based, inter alia, on the Santa Cruz Declaration on the role of national human rights institutions in dealing with migration and the Seoul Declaration on upholding human rights during conflict and while countering terrorism. (Paragraph 83) Universal Periodic Review (2012) 110.38. Introduce legislation at the earliest opportunity to give the Children’s Commissioner for England an explicit role of promoting and protecting children’s rights in line with the CRC and to make the Commissioner more independent from Government and more accountable to Parliament (Australia); (accepted) The Committee notes that, according to the State party’s declaration under article 3 made upon ratification, the minimum age for voluntary recruitment is 16 years and regrets the fact that the State party indicates that there are no plans to change this. The Committee encourages the State party to consider reviewing its position and raise the minimum age for recruitment into the armed forces to 18 years in order to promote the protection of children through an overall higher legal standard. In the meantime, the Committee recommends that, in recruiting among those persons who have not yet attained the age of18, priority is given to those who are the oldest. (Paragraphs 12 and 13) See full report for more information. Universal Periodic Review (2012) 110.6. Consider withdrawing its declaration to Article 1 of the Optional Protocol to the Convention on the Right of the Child on Involvement of Children in Armed Conflict, and raise the armed forces minimum recruitment age to 18 (Slovenia); (rejected)
Please note this is a work in progress. Send comments to [email protected]
Anti-social behaviour orders: restriction on movement and peaceful assembly and criminalisation of children
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Behaviour Orders (ASBOs), which are civil orders posing restrictions on children’s
gathering, which may convert into criminal offences in case of their breach. The
Committee is further concerned:
(b) That ASBOs, instead of being a measure in the best interests of children, may in practice contribute to their entry into contact with the criminal justice system;
(c) That most children subject to them are from disadvantaged backgrounds.
Last reported: 7 and 8 July 2008
Concluding Observations issued: 30 July 2008
The State party should review its legislation on anti-social behaviour orders (ASBOs), including the definition of anti-social behaviour, in order to ensure that it complies with the provisions of the Covenant. In particular, the State party should ensure that young children are not detained as a result of breaching the conditions of their ASBOs and that the privacy rights of children and adults subject to ASBOs are respected. (Paragraph 20)
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Inappropriate use of detention for migrant and asylum-seeking children
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
(b) There is a lack of data on the number of children seeking asylum;
(c) There is no independent oversight mechanism, such a guardianship system, for an assessment of reception conditions for unaccompanied children who have to be returned;
(d) Section 2 of the 2004 Asylum and Immigration Act permits the prosecution of children over the age of 10 if they do not possess valid documentation upon entry to the United Kingdom.
(b) Ensure that the United Kingdom Border Agency (UKBA) appoints specially-trained staff to conduct screening interviews of children;
(c) Consider the appointment of guardians for unaccompanied asylum- seekers and migrant children;
(d) Provide disaggregated statistical data in its next report on the number of children seeking asylum, including those whose age is disputed;
(e) Give the benefit of the doubt in age-disputed cases of unaccompanied minors seeking asylum, and seek experts’ guidance on how to determine age;
(f) Ensure that when the return of children occurs, this happens with adequate safeguards, including an independent assessment of the conditions upon return, including family environment;
(g) Consider amending section 2 of the 2004 Asylum and Immigration (Treatment of Claimants etc.) Act to allow for a guaranteed defence for unaccompanied children who enter the United Kingdom without valid immigration documents. (Paragraphs 70 and 71)
Last reported: 7 and 8 July 2008
Concluding Observations issued: 30 July 2008
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
(b) Cases of torture survivors and people with mental health conditions entering the Detained Fast Track (DFT) system due to a lack of clear guidance and inadequate screening processes, and the fact that torture survivors need to produce ‘independent evidence of torture’ at the screening interview to be recognised as unsuitable for the DFT system;
(c) The absence of limit on the duration of detention in Immigration Removal Centres (arts. 2, 3, 11 and 16).
(b) Take necessary measures to ensure that vulnerable people and torture survivors are not routed into the Detained Fast Track System, including by: i) reviewing the screening process for administrative detention of asylum-seekers upon entry; ii) lowering the evidential threshold for torture survivors; iii) conducting an immediate independent review of the application of Rule 35 of the Detention Centre Rules in immigration detention, in line with the Home Affairs Committee’s recommendation and ensure that similar rules apply to short term holding facilities; and iv) amending the 2010 UK Border Agency Enforcement Instructions and Guidance, which allows for the detention of people with mental illness unless their mental illness is so serious it cannot be managed in detention;
(c) Introduce a limit for immigration detention and take all necessary steps to prevent cases of de facto indefinite detention. (Paragraph 30)
UN Special Rapporteur on migrants
Country visit: 22 to 26 June 2009
Report published: 16 March 2010
(a) Ensure the protection of migrant children accompanied by their families from detention and guarantee that migration laws include actual regulations that realise children’s rights and needs in such circumstances; (Paragraph 77)
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
(b) Ensure that corporal punishment is explicitly prohibited in schools and all other institutions and forms of alternative care throughout the United Kingdom and in the overseas territories and crown dependencies;
(c) Actively promote positive and non-violent forms of discipline and respect for children’s equal right to human dignity and physical integrity, with a view to raising public awareness of children’s right to protection from all corporal punishment and to decreasing public acceptance of its use in childrearing;
(d) Provide parental education and professional training in positive child-rearing. (Paragraphs 40 to 42)
Last reported: 7 and 8 July 2008
Concluding Observations issued: 30 July 2008
The State party should expressly prohibit corporal punishment of children in all schools in all British Overseas Territories and Crown Dependencies. (Paragraph 27)
UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 13 May 2009
Concluding Observation issued: 12 June 2009
Last reported: 17 July 2013
Concluding Observations issued: 26 July 2013
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
The Committee recommends that the State party prohibits corporal punishment of children in all settings in Metropolitan territory, Crown Dependencies and Overseas Territories, repealing all legal defences currently in place, and further promote positive non-violent forms of discipline via public campaigns as an alternative to corporal punishment. (Paragraph 29)
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Domestic violence affecting children
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 12 and 13 May 2009
Concluding Observations issued: 12 June 2009
Last reported: 17 July 2013
Concluding Observations issued: 26 July 2013
(c) Continue public awareness-raising campaigns on all forms of violence against women, including black and ethnic minority women.
(d) Intensify efforts to train police officers to eliminate prejudices concerning the credibility of victims of domestic violence; and
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Insufficient response to poverty affecting children
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 12 and 13 May 2009
Concluding Observations issued: 12 June 2009
The Committee continues to be concerned that poverty and fuel poverty, especially among children, remain widespread in the State party, despite the level of its economic development and the positive steps it has taken. The Committee is also concerned that poverty levels vary considerably between and within regions and cities as well as between different groups of society, with higher poverty levels among ethnic minorities, asylum-seekers and migrants, older persons, single mothers, and persons with disabilities. (art. 11)
The Committee urges the State party to intensify its efforts to combat poverty, fuel poverty, and social exclusion, in particular with regard to the most disadvantaged and marginalised individuals and groups and in the most affected regions and city areas. It also calls upon the State party to develop human rights-based poverty-reduction programmes, taking into consideration the Committee’s Statement on Poverty and the International Covenant on Economic, Social and Cultural Rights of 2001 (E/C.12/2001/10). The Committee also encourages the State party to intensify its efforts aimed at achieving its target of reducing child poverty by half by 2010. (Paragraph 28)
The Committee is concerned about the persistent levels of deprivation and inequality throughout Northern Ireland, despite the adoption of the Northern Ireland Equality Impact Assessment. (art. 11)
The Committee recommends that the human rights framework, including the Equality Impact Assessment, be effectively implemented in Northern Ireland, particularly in the context of urban regeneration programmes by ensuring the participation of the affected populations and the development of adequate policies and targeted measures to promote substantive equality, provide for improved health care, as well as an increase in skills training and employment opportunities for young people and adequate housing programmes for the poor and, in particular, Catholic families. (Paragraph 31)
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Low minimum age of criminal responsibility
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
The State party should raise the minimum age of criminal responsibility and ensure the full implementation of juvenile justice standards, as expressed in the General Comment No. 10 of the Committee on the Rights of the Child (paras. 32 and 33). The State party should ensure the full implementation of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines). (Paragraph 27)
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Inappropriate use of and conditions in deprivation of liberty in the juvenile justice system
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
(d) The number of children on remand is high;
(e) Children in custody do not have a statutory right to education;
(f) There is the practice, in the Overseas Territories, of holding persons below 18 in conflict with the law in the same places of deprivation of liberty for adults;.
Following the welcome withdrawal of its reservation to article 37
(d) of the Convention, ensure that, unless in his or her best interests, every child deprived of liberty is separated from adults in all places of deprivation of liberty;
(e) Provide for a statutory right to education for all children deprived of their liberty;
110.94. Consider the possibility of raising the minimum criminal age and refrain from the practice of keeping children in custody (Belarus); (rejected)
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UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
The Committee reiterates the recommendation of the Committee on the Rights of the Child to ensure that restraint against children is used only as a last resort and exclusively to prevent harm to the child or others and that all methods of physical restraint for disciplinary purposes be abolished (CRC/C/GBR/CO/4). The Committee also recommends that the State party ban the use of any technique designed to inflict pain on children. (Paragraph 28)
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Barriers to access to education, particularly affecting children facing economic hardship, Roma children and Irish Travellers
UN Committee on the Rights of the Child (Concluding Observations, October 2013)
(b) The right to complain regarding educational provisions is restricted to parents, which represent a problem especially for looked after children for whom local authorities have, though mostly do not use, parental authority;
(c) Bullying is a serious and widespread problem, which may hinder children’s attendance at school and successful learning;
(d) The number of permanent and temporary school exclusions is still high and affects in particular children from groups which in general are low on school achievement;
(e) The problem of segregation of education is still present in Northern Ireland;
(f) Despite the Committee’s previous concluding observations, academic selection at the age of 11 continues in Northern Ireland.
(b) Invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalised and school-distant groups;
(c) Ensure that all children out of school get alternative quality education;
(d) Use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and get social workers and educational psychologists in school in order to help children in conflict with school;
(e) Make sure that children without parental care have a representative who actively defends their best interests;
(f) Intensify its efforts to tackle bullying and violence in schools, including through teaching human rights, peace and tolerance;
(g) Strengthen children’s participation in all matters of school, classroom and learning which affect them;
(h) Ensure that children who are able to express their views have the right to appeal against their exclusion as well as the right, in particular for those in alternative care, to appeal to special educational need tribunals
(I) Take measures to address segregation of education in Northern Ireland;
(j) Put an end to the two-tier culture in Northern Ireland by abolishing the 11+ transfer test and ensure that all children are included in admission arrangements in post-primary schools. (Paragraphs 66 and 67)
Last reported: 12 and 13 May 2009
Concluding Observations issued: 12 June 2009
The Committee recommends that the State party adopt all appropriate measures to reduce the achievement gap in terms of school performance between British pupils and pupils belonging to ethnic, religious or national minorities in the field of education, inter alia, by ensuring the adequate provision of English-language courses for those students who lack adequate language proficiency and avoiding the overrepresentation of minority students in classes for children with learning difficulties. The Committee further recommends that the State party undertake further studies on the correlation between school failure and social environment, with a view to elaborating effective strategies aimed at reducing the disproportionate dropout rates affecting minority pupils. (Paragraph 36)
Last reported: 23 and 24 August 2011
Concluding Observations issued: 14 September 2011
Country visit 13 to 24 November 1995
Report published: 28 November 1996
Many young Blacks leave school with a low level of education and without qualifications, only to add to the relatively high numbers of unemployed among ethnic communities.
Country visit: 24 to 29 October 1999
Report published: 11 February 2000
Country visit: 4 to 5 June 2007
Report published: 7 February 2008
As identified in many of the Special Rapporteur’s reports, women and converts seem to be in a vulnerable position worldwide. Also with regard to the situation in schools in the United Kingdom, the Special Rapporteur was informed that young Muslim girls have been targeted in certain neighbourhoods by leaflets with extreme religious positions, for example stating that girls should not attend school because school education was not important for them. Furthermore, social peer pressure has reportedly been exercised on the girls to wear specific religious symbols, both at school and when walking in the streets. (Paragraph 54)
Country visit: 18 to 22 October 1999
Report published: 9 December 1999
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Segregation of schools along religious lines in Northern Ireland
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Country visit: 4 to 5 June 2007
Report published: 7 February 2008
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Exclusion of children from school, particularly affecting children that already face barriers to access to education
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
(d) The number of permanent and temporary school exclusions is still high and affects in particular children from groups which in general are low on school achievement;
(h) Ensure that children who are able to express their views have the right to appeal against their exclusion as well as the right, in particular for those in alternative care, to appeal to special educational need tribunals ; (Paragraphs 66 and 67)
Last reported: 23 and 24 August 2011
Concluding Observations issued; 14 September 2011
The Committee recommends that the State party adopt an intensified approach towards preventing exclusion of Black pupils and set out in detail its plans for addressing under-achievement for those groups which have been identified as most affected, notably Gypsy and Traveller children and Afro-Caribbeans. (Paragraph 24)
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Discrimination against children from traveller and Roma backgrounds and barriers to access to services
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 23 and 24 August 2011
Concluding Observations issued: 14 September 2011
Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee recommends that the State party should strengthen its efforts to improve the situation of Gypsies and Travellers. The State party should ensure that concrete measures are taken to improve the livelihoods of these communities by focusing on improving their access to education, health care and services, and employment and providing adequate accommodation, including transient sites, in the State party. The Committee further recommends that the State party ensure that representatives of these communities are adequately consulted before any measures that impact on their situation, such as those proposed under the Localism agenda, are implemented. (Paragraph 27)
The Committee urges the State party to halt the intended eviction, which will disproportionately affect the lives of families and particularly women and children and create hardship. The Committee strongly recommends that the State party should provide alternative culturally appropriate accommodation to these communities before any evictions are carried out. The State party should ensure that any evictions are conducted in accordance with the law and in a manner that respects the human dignity of all individuals in this community, in conformity with international and regional human rights norms. (Paragraph 28)
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Trafficking of children
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 17 July 2013
Concluding Observations issued: 26 July 2013
(b) Identify any weaknesses in the National Referral Mechanism and ensure that victims of trafficking are properly identified and adequately supported and protected. (Paragraph 39)
Last reported: 7 an d8 May 2013
Concluding Observations: 27 May 2013
Country visit: 22 and 26 June 2009
Report published: 16 March 2010
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Inadequate sexual and reproductive health education
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 17 July 2013
Concluding Observations issued: 26 July 2013
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Prevalence of bullying in schools, particularly affecting girls and children from minority backgrounds
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 23 and 24 August 2011
Concluding Observations issued: 14 September 2011
The Committee encourages the State party to take all necessary steps to eliminate all racist bullying and name-calling in the State party’s schools. The Committee urges the State party to introduce awareness-raising campaigns in the State party’s schools with a view to changing the mindset of pupils, and to promote tolerance and respect for diversity in the education sector. (Paragraph 23)
Last reported: 17 July 2013
Concluding Observations issued: 26 July 2013
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Physical abuse and neglect of children, within the family, schools and other institutions
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
(b) Ensure that professionals working with children (including teachers, social workers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children;
(c) Strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure that they are not victimised once again during legal proceedings;
(d) Provide access to adequate services for recovery, counselling and other forms of reintegration in all parts of the country.
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
The Committee recommends that the State party conduct prompt, independent and thorough investigations into all cases of institutional abuse that took place in Northern Ireland between 1922 and 1995, including women over 18 who were detained in Magdalene Laundries and equivalent institutions in Northern Ireland, and ensure that, where possible and appropriate, perpetrators are prosecuted and punished, and that all victims of abuse obtain redress and compensation, including the means for as full rehabilitation as possible, in accordance with the Committee’s general comment No. 3 on implementation of article 14 by States parties. (Paragraph 24)
Country visit: 4 to 15 June 2007
Report published: 7 February 2008
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Use of “taser” guns on children by police
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
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Inadequate and inappropriate treatment of children in need mental health care and treatment
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Last reported: 7 and 8 May 2013
Concluding Observations issued: 27 May 2013
The Committee urges the State party to strengthen its efforts and set concrete targets to reduce the high level of imprisonment and overcrowding, in particular through the wider use of non-custodial measures as an alternative to imprisonment, in the light of the United Nations Standard Minimum Rules for Non- Custodial Measures (the Tokyo Rules). It further recommends to speedily implement the reforms undertaken with a view to reducing reoffending rate. The State party should ensure that children with mental disabilities shall in no case be detained in police custody but directed to appropriate health institutions. Detainees who require psychiatric supervision and treatment should be provided with adequate accommodation and psychosocial support care. The Committee also recommends that the State party step up its efforts to prevent violence and self-harm in places of detention. (Paragraph 31)
Country visit: 22 to 26 June 2009
Report published: 16 March 2010
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Independent children's commissioners do not meet the standard set by the Paris Principles
UN Committee on the Rights of the Child (Concluding Observations, October 2008)
Country visit: 22 to 26 June 2009
Report published: 16 March 2010
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Recruitment of children into the armed forces from the age of 16
UN Committee on the Rights of the Child (OPAC Concluding Observations, October 2008)
110.8. Withdraw its interpretive statement on the OP to the CRC on the involvement of children in armed conflict (Russian Federation); (rejected)
110.34. Introduce law that will criminalise use of children in military actions (Uzbekistan); (accepted)
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