VENEZUELA: Child Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Venezuela - 12th Session - 2011
7 October 2011, 2.30pm to 5.30pm

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National Report
UN Compilation
Stakeholder Compilation
Accepted and Rejected Recommendations

National Report

- Not yet available in English, will be posted in due course!

UN Compilation

3. The Committee on the Rights of the Child (CRC), in 2007, recommended that Venezuela ratify CRPD and its Optional Protocol.

9. In 2007, CRC noted that Venezuela had established a Special Directorate for Children's and Adolescents' Rights in the Defensoría del Pueblo, but regretted its lack of presence across the country.

21. CRC welcomed the creation of the Network of Afro-descendant Organizations but noted that there was a lack of reliable statistics related to the situation of the Afro-descendant population. It also noted that there were discriminatory practices against children of Afro-descendants.

22. CRC recommended that Venezuela: ensure that all children with disabilities receive education and encourage their inclusion in regular schools; undertake an in-depth study on the prevention of disabilities; and promote and expand community-based rehabilitation programmes, including parent support groups.

29. CRC noted programmes on violence against children but was concerned about allegations of ill-treatment, reported substandard conditions of prisons, and reports of children dying in custody.

32. CERD noted that in the centres of illegal gold prospecting in the upper Orinoco and the Casiquiare and Guainia-Río Negro basins there was evidence that indigenous children and adolescents were subjected to labour exploitation and the worst forms of child labour, including servitude and slavery, child prostitution, trafficking and sale.

33. In 2007, the ILO Committee of Experts noted the enactment of various provisions penalizing the trafficking in persons and requested the Government to provide information on the effect given to them. CRC recommended that Venezuela establish mechanisms that facilitate the implementation and monitoring of plans and programmes on the subjects of trafficking, sexual exploitation and sale of children. While noting the establishment of the National Programme of Protection of Child Workers, CRC was concerned about allegations that children were involved in the worst forms of child labour in slavery-like conditions.

34. CRC urged Venezuela to conduct awareness-raising campaigns against corporal punishment.

35. CRC recommended that Venezuela ensure that street children were provided with adequate nutrition, shelter, health care and educational opportunities as well as adequate protection and assistance.

38. CRC recommended that Venezuela consider raising the age of criminal responsibility, and take all necessary measures to ensure that children be held in detention only as a last resort, as briefly as possible and separately from adults; that they not be subject to ill-treatment; and that the deprivation of liberty be reviewed on a regular basis.

41. CRC was concerned about the difference between the minimum age of marriage for girls (14 years) and boys (16 years) and recommended establishing the same minimum age and considering raising it to 18 years. CEDAW and the HR Committee made similar recommendations.

42. CRC welcomed the various initiatives and achievements made in facilitating registration of children at birth, such as the National Plan for Identity entitled "Yo Soy".

48. CRC welcomed that young adolescents could vote at the municipal level at the age of 15 and the general practice that children were heard in judicial and administrative proceedings. It remained concerned that the creation of space for children to be heard was not stimulated sufficiently.

49. CRC noted that the legislation guaranteed the right to information but was concerned about the quality of the television and radio programmes and their compatibility with a child rights approach. It was also concerned that indigenous children and children of Afro-descendants did not receive sufficient information relevant to their needs. It encouraged Venezuela to ensure that public programmes were consistent with children's rights in all sectors of the population.

55. CRC welcomed State efforts to reduce poverty through its social programmes, especially through the missions, but remained concerned that children continued to be most affected by poverty.

62. UNESCO stated that Venezuela recognized education as one of the basic human rights and a fundamental social obligation of the State. The existing constitutional and legal framework provided for quality education, respect for the principles of non-discrimination, cultural diversity, participation, inclusiveness, the best interest of the child and social justice. El SNU informó que la tasa de alfabetización se había incrementado notablemente.

64. CRC welcomed that children's education was a top priority of the Government's policies and that progress was evident. It remained concerned however that enrolment rates were still not satisfactory; dropout was high after the first grade; enrolment rates for indigenous children, Afro-descendants and children living in rural areas were low; refugee and asylum-seeking children faced obstacles in continuing their education; and that the quality of education was unsatisfactory.

72. CRC recommended that Venezuela establish institutional agreements between the National Commission for Refugees and the child protection institutions and that it ensure rapid access to age-sensitive refugee status determination procedures and assistance for unaccompanied children.

77. CRC recommended that Venezuela seek technical assistance and cooperation from the Interagency Panel on Juvenile Justice.

Stakeholder Compilation

4. La Red por los Derechos Humanos de los Niños, Niñas y Adolescentes (REDHNNA) reportó avances en el marco normativo e institucional como la adopción de la Ley Orgánica para la Protección de Niños y Adolescentes de 1998, reformada en 2007.

16. CPTI indicated that Venezuela had still not submitted its initial report under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, more than eight years after ratifying it.

29. La CIDH indicó que con la adopción de la reforma parcial a la Ley Orgánica de Protección de Niños, Niñas y Adolescente en diciembre 2007, se prohibía el castigo corporal de niños, niñas y adolescentes. REDHNNA indicó sin embargo, que no se habían formulado políticas y medidas de protección, tal como ordenaba la ley.

54. ACMOR resaltó que la inversión social pasó del 14% del presupuesto nacional en 1999 al 45.7% en 2010. También indicó que el porcentaje de hogares en extrema pobreza pasó de 10.2% en 2006 a 7.1% en 2010. REDHNNA reconoció los esfuerzos para reducir la pobreza mediante programas sociales, especialmente las misiones, sin embargo, indicó que se desconocía el impacto real en el bienestar de los niños, niñas y adolescentes.

Accepted and Rejected Recommendations


The following recommendations were accepted:

A - 94.5. Strengthen the child and adolescent protection system to especially benefit adolescent criminal responsibility issues (Iran);

A - 94.10. Attach more importance to the protection of social vulnerable groups, including women, children, elderly and the poor people (Viet Nam);

A - 94.17. Continue its efforts in cooperation with the competent bodies in order to secure protection of the rights of the vulnerable groups particularly women and children (Cambodia);

A - 94.29. Continue to take further action as appropriate to combat trafficking in women and children (Sri Lanka);

A - 94.51. Continue to work towards reaching the MDGs of universal primary education, gender equality in access to education, and further reduction in infant mortality (Sri Lanka);

A - 94.56. Continue the implementation of the national plans and programs related to the comprehensive protection and education of children and adolescent, in particular those who are homeless (Belarus);

A - 94.63. Continue its efforts to fight unequal access to education (Iran); 94.64. Consider adopting measures to ensure education for all children with disabilities (Bangladesh);

 

The following recommendations were rejected:

No relevant rejected recommendations.

 

The following recommendations were left pending:

R - 96.12. Take all the necessary legal and policy measures to prevent children and adolescents, from being subjected to labour exploitation and the worst forms of child labour, such as servitude, slavery, prostitution and trafficking (Slovenia); 

pdf: http://www.crin.org/resources/infoDetail.asp?ID=25767

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