VENEZUELA: Children's Rights in UN Treaty Body Reports

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

CCPR/CO/71/VEN
Last reported: 19 / 20 March 2001
Concluding Observations issued: 2 April 2001

Issues raised:

Early marriage: The minimum marriageable age, 14 for girls and 16 for boys, and the fact that such age may be lowered without any limits for girls in case of pregnancy or childbirth, raises problems with respect to the fulfilment by the State party of its obligation under article 24, paragraph 1, to protect minors. Marriage at such an early age does not appear to be compatible with article 23 of the Covenant, which requires the free and full consent of the intending spouses. The Committee is also concerned at the early age of sexual consent (12 ) for girls. (Paragraph 18).

The State party should amend the relevant law to bring it into line with articles 23, 24 and 3 of the Covenant.

Abortion: The criminalization of all non-therapeutic abortion poses serious problems, particularly in the light of unchallenged reports that many women are undergoing life-threatening illegal abortions. The legal duty imposed on health workers to report cases where women have undergone abortions may deter women from seeking medical treatment, thereby endangering their lives. (Paragraph 19).

The State party must adopt the necessary measures to guarantee the right to life (article 6) for pregnant women who decide to terminate their pregnancies, including amending the law to create exceptions to the general prohibition of all non-therapeutic abortion. The State party should protect the confidential nature of medical information.

Early marriage and violence: The Committee is concerned about the continued existence of a legal provision exempting a rapist from any penalty if he marries the victim. (Paragraph 20).

The State party should immediately repeal this legislation, which is incompatible with articles 3, 7, 23, 26, 2 (3) and 24 of the Covenant, particularly taking into account the early age at which girls can enter into marriage.

Street children: The Committee deplores the continually worsening situation of street children. Those children are at high risk of sexual violence and are vulnerable to sexual trafficking. (Paragraph 24).

The State party should take effective measures for the protection and rehabilitation of street children, pursuant to article 24 of the Covenant, including measures to end sexual exploitation and child pornography.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/1/Add.56
Last reported: 24 / 25 April 2001
Concluding Observations issued: 8 May 2001

Issues raised:

Asylum-seekers: The Committee is concerned that the non-issue of personal documentation to refugees and asylum-seekers by the State authorities seriously hinders their enjoyment of economic, social and cultural rights, including the rights to work, health and education. This situation prompted a decision by the Inter-American Commission on Human Rights in March 2001 ordering protective measures for 287 Colombian refugees. (Paragraph 11).

The Committee encourages the State party to ratify the 1951 Convention relating to the Status of Refugees, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The Committee recommends that the State party issue personal documentation to asylum-seekers in order to enable them to enjoy their basic rights under the Covenant and to apply the protective measures recommended in March 2001 by the Inter-American Commission on Human Rights.

Indignenous groups: The Committee deplores the discrimination against indigenous people, particularly with regard to access to land ownership, housing, health services and sanitation, education, work and adequate nutrition. The Committee is particularly concerned about the adverse effects of the economic activities connected with the exploitation of natural resources, such as mining in the Imataca Forest Reserve and coal-mining in the Sierra de Perijá, on the health, living environment and way of life of the indigenous populations living in these regions. (Paragraph 12).

The Committee requests the State party to provide, in its next periodic report, detailed information on the situation of indigenous peoples and on the efforts, if any, by the Government to acknowledge the specific economic, social and cultural rights of the indigenous people as a distinct minority group and to improve their situation, in particular in the Imataca Forest Reserve and the Sierra de Perijá.

Violence: The Committee is alarmed about the high rate of domestic violence and the extent of child prostitution and trafficking in children, and regrets the lack of available statistics on the number of street children. The Committee is deeply concerned about the extent of the sex trade involving children and the inability of the State party to address these issues. (Paragraph 16).

The Committee invites the State party to provide, in its next periodic report, updated statistics on the situation of women in Venezuela, in particular on the phenomenon of domestic violence, as well as on the status of implementation of the newly adopted law on domestic violence. The Committee urges the State party to take more effective measures to combat domestic violence against women and children.

Street children: The Committee urges the State party to indicate, in its next periodic report, the problem of the measures it has undertaken to address the problem of street children and, in particular, the problem of their sexual exploitation. (Paragraph 27).

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UN Committee on the Elimination of Racial Discrimination
 

CERD/C/VEN/CO/19-21

Adopted by the Committee: 12-30 August 2013

Published by the Committee: 23 September 2013

Issues raised:

Violence:

The Committee is concerned about the situation of the Yanomami people, particularly in view of the presence of illegal miners and their attacks on members of the indigenous communities living in this region. The Committee urges the State party to increase the protection afforded to th eindigenous peoples living in the Amazon region and recommends that it conduct a thorough investigation into violent attacks by illegal miners against members of the Yanomami people (para.16).

  CERD/C/VEN/CO/18
Last reported: 2 / 3 August 2005
Concluding Observations issued: 17 August

Child labour: The Committee notes with concern that, according to the report by the State party, the indigenous peoples of the upper Orinoco and the Casiquiare and Guainia Río Negro basins have problems of various kinds. More particularly, in the centres of illegal gold prospecting, there is evidence that indigenous children and adolescents are subjected to labour exploitation and the worst forms of child labour, including servitude and slavery, child prostitution, trafficking and sale. (Paragraph 19).

The Committee recommends that the State party adopt urgent measures to tackle this situation, and that it submit information on the implementation of the measures taken
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UN Committee on the Elimination of Discrimination against Women

 

CEDAW/C/VEN/CO/7-8

Adopted by the Committee: 21 October 2014

Published by the Committee: 7 November 2014

Issues raised:

Violence:

The Committee is deeply concerned that violence against women and girls is widespread and on the rise (para.18). The Committee recommends the State party ake measures to improve support services for women and girls victims of violence, including by establishing sufficient shelters throughout the territory, and strengthening the psychosocial rehabilitation and reintegration programmes available; Continue providing capacity building programmes on gender-based violence to relevant professional groups and conduct awareness raising campaigns among children, teachers, women, men, media and population at large, including, but not exclusively through the internet and other information technologies (para.19).

Trafficking and sexual exploitation:

The Committee is concerned at the prevalence of trafficking of women and girls, in particular in border areas, and about reports that women and girls are sexually exploited in tourist areas in the State party. It particularly regrets the delay in adopting comprehensive legislation to prevent and assist victims of trafficking in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the Palermo Protocol). The Committee remains concerned that the State party has not adopted a comprehensive strategy to address the phenomenon of women and girls in prostitution (para.20).

The Committee recommends that the State party: Conduct a study to investigate the extent and root causes of trafficking in women and girls as well as on their forced prostitution, including through the collection and analysis of data on trafficking and exploitation of women and girls in prostitution; The State party should provide free legal and psychological support for girls and women who are victims and dedicated shelters for them; Review legislation with a view to ensuring that all aspects of child prostitution, including the demand for adolescents in prostitution, are prohibited and duly sanctioned; Adopt measures to address exploitation of women and girls in prostitution, including through the internet and media, provide assistance and rehabilitation to victims, and provide women with economic alternatives to prostitution while empowering them to make their own choices over their lives (para.21).

Civil rights:

The Committee is particularly concerned that some women and girls have been detained arbitrarily and/or harassed during the demonstrations that took place in early 2014 (para.24). The Committee recommends that the State party creates an enabling environment for the participation of women and girls, in particular, women human rights defenders in public life. It urges the State party to ensure their right to participate in demonstrations as well as their right to express their opinions, in accordance with international standards and to undertake all necessary measures to protect women and girls from arbitrary detention and harassment (para.25).

Health:

The Committee is deeply concerned about the high number of teenage pregnancies, many of them resulting in maternal mortality (para.30).

The Committee urges the State party to intensify efforts to reduce teenage pregnancies including by ensuring access to age-appropriate information and education on sexual and reproductive health and rights for girls and boys; Address the shortages of antiretroviral drugs for women and girls living with HIV/AIDS, ensure that all pregnant women living with HIV/AIDS receive adequate treatment, and expedite the adoption of the Bill on HIV/AIDS (para.31).

Rural girls:

The Committee regrets that the State party has not adopted a comprehensive strategy to ensure access to basic services, justice, economic opportunities and political participation for rural women and girls (para.34).

The Committee recommends that the State party review the Plan on gender equality and equity Mama Rosa (2013-2019) with a view to adequately addressing the situation and needs of women and girls living in rural areas. Special attention should be given to their access to basic services, justice, economic opportunities, land tenure, credit facilities and political participation, in particular as regards rural development (para.35).

Harmful practices:

The Committee notes the decision taken by the Constitutional Chamber nullifying the discriminatory provision of the Civil Code establishing a different minimum age of marriage for girls and boys and setting the minimum age at 16 years old for both girls and boys. However the Committee remains concerned that the minimum age of marriage is not in line with international obligations set in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child (para.40).

The Committee recommends that the State party raise the legal age of marriage to 18 years for both girls and boys, in line with article 16 (2) of the Convention, the Committee’s General Recommendation No. 21 and the Convention on the Rights of the Child (para.41).

CEDAW/C/VEN/CO/6
Last reported: 26 January 2006
Concluding Observations issued: 31 January 2006

Issues raised:

Gender stereotyping: While noting the adoption of the Law on Social Responsibility in Radio and Television and other measures aimed at combating gender-role stereotypes, the Committee is concerned about the persistence of stereotypical attitudes and patriarchal patterns of behaviour in respect of the roles and responsibilities of women and men in family and in society that undermine women’s human rights. (Paragraph 23).

The Committee urges the State party to increase its efforts to address stereotypical attitudes about the roles and responsibilities of women and men that perpetuate direct and indirect discrimination against women and girls. These should include educational measures at all levels, beginning at an early age; and awareness-raising campaigns directed at both women and men, designed, whenever possible, with the involvement of the media and civil society, including non-governmental organizations, to address stereotypes regarding the roles of women and men with a view to combating discrimination against women, in particular against indigenous women and women of African descent. The Committee also calls upon the State party to periodically review the measures taken, especially their impact, to identify shortcomings, to adjust and improve those measures accordingly and to report thereon to the Committee in its next report.

Prostitution: While noting that socio-economic measures, as well as other preventive efforts, are in place aimed at addressing the root causes of prostitution, the Committee is concerned that insufficient steps have been taken to curtail the exploitation of prostitution, discourage demand and put rehabilitation measures in place. It is further concerned about the lack of information on the causes and extent of prostitution, as well as the trafficking of women and girls, in particular the incidence of these phenomena in border areas. (Paragraph 27).

The Committee urges the State party to take all appropriate measures, including the adoption and implementation of a comprehensive plan to suppress the exploitation of prostitution of women through, inter alia, the strengthening of prevention measures, discouraging the demand for prostitution and taking measures to rehabilitate victims of exploitation. The Committee requests the State party to include in its next periodic report a comprehensive assessment based on appropriate studies about the causes and extent of prostitution, as well as the trafficking of women and girls. Such information should be disaggregated by age and geographical areas, and give details about the results achieved.

Health: While acknowledging the national plan of action on sexual and reproductive health and increased efforts to provide family planning services, the Committee notes with concern the persistent high prevalence of teenage pregnancy. Furthermore, the Committee regrets the lack of detailed information about the causes and consequences of abortion, which is the third leading cause of maternal death in the State party. (Paragraph 31).

The Committee recommends that the State party pay special attention to the effective implementation and monitoring of the national plan of action on sexual and reproductive health. The State party should place higher priority on the provision of family planning services, including information on contraceptives and their wide and easy availability in all regions of the country, as well as the provision of sex education, addressing both young women and men. The Committee urges the State party to ensure effective access of women to such information and to sexual and reproductive health services, particularly to young women, women from rural areas, indigenous women and women of African descent. The Committee requests the State party to undertake a survey on the reasons for the high rate of maternal deaths due to abortion and to adopt measures, including legislative and public policy measures, to reduce and eliminate related risks. It invites the State party to include detailed information and data on the incidence, causes and consequences of abortion as well as on the impact of measures taken, disaggregated by age group, in its next periodic report.

Early marriage: The Committee notes with concern that the minimum legal age of marriage is set at 14 for girls and 16 for boys. (Paragraph 33).

The Committee urges the State party to take measures to raise the minimum legal age of marriage for girls in order to bring it into line with article 1 of the Convention on the Rights of the Child, which defines a child as anyone under the age of 18 years, and with article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women.

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UN Committee against Torture

CAT/C/CR/29/2
Last reported: 18 / 19 / 21 November 2002
Concluding Observations issued: 23 December 2002

Issues raised:

No references to children

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UN Subcommittee on Prevention of Torture

No visits undertaken.

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UN Committee on Migrant Workers

Signed in 2011, but not yet 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

Signed in 2008, but not yet ratified.

Countries

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