YEMEN: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available 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.

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_____________________________________________

UN Human Rights Committee

CCPR/C/YEM/CO/5

Last reported: 14/ 15 March 2012
Concluding Observations issued: 23 April 2012

Issues raised:

Female genital mutilation: The Committee regrets the State party’s inertia in matters related to discriminatory practices affecting women and the persistence of domestic violence. It is particularly worried at the responses provided by the delegation which maintains that female genital mutilation is a traditional practice, is difficult to eradicate and is not yet prohibited. The Committee also regrets the delegation’s statement that marital rape does not occur and that the response given to the phenomenon of domestic violence merely consists in providing victims with temporary shelters. No attention has been given to the criminalization of these phenomena, the prosecution of alleged perpetrators and their sentencing if found guilty (arts. 2, 3, 6, 7 and 26). Para 9.

In line with the Committee’s previous concluding observations (CCPR/CO/84/YEM, paras. 11 and 12), the State party should expand its efforts to end traditions and customs that are discriminatory and contrary to article 7 such as female genital mutilation. The State party should step up its efforts to increase awareness about female genital mutilation, particularly in communities where it is still widespread. It should penalize the practice and ensure that those who perform female genital mutilation are brought to justice. The State party should criminalize marital rape and other forms of domestic violence, prosecute alleged perpetrators of such crimes and sentence them in a manner which is proportionate to the nature of the crime committed. The State party should promote a human rights culture within society along with greater awareness of the rights of women, especially the right to physical integrity. It must also take more effective action to prevent and punish domestic violence and provide assistance to the victims.

Early marriage: The Committee regrets the lack of progress in repealing all discriminatory provisions such as those contained in the Personal Status Law and the Criminal Code. The Committee is particularly concerned that a minimum age for marriage has still not been set and encounters great resistance in the Parliament. The Committee is also concerned about the discriminatory nature of article 23 of the Personal Status Law, which states that in matters of marriage, a “virgin’s silence” signifies consent. While acknowledging the State party’s announced efforts in eradicating the practice of temporary marriage, the Committee remains concerned about the persistence of this practice aimed at sexually exploiting young girls. The Committee notes that the State party has still not abolished the legislation providing for lower sentences for men accused of honour crimes. Finally, the Committee regrets that none of the recommendations, including the need to eradicate polygamy, previously formulated in 2002 and 2005 in relation to discrimination against women have been implemented by the State party (arts. 3, 7, 8, 17 and 26). Para 10.

In line with its previous concluding observations (CCPR/CO/84/YEM, para. 9; CCPR/CO/75/YEM, paras. 7-11), the Committee urges the State party to ensure equality between men and women in the enjoyment of all the rights enshrined in the Covenant, which necessitates abolishing all discriminatory provisions in matters of marriage, divorce, testimony and inheritance. In this regard, the State party should inter alia (a) set a minimum age for marriage that complies with international standards; (b) abolish article 23 of the Personal Status law; (c) eradicate the use of temporary marriage for the sexual exploitation of children, and (d) ensure that honour crimes are punished in accordance with their gravity. The State party should engage in official and systematic awareness-raising campaigns in order to eradicate polygamy, which is a form of discrimination against women.

Education: While welcoming the delegation’s pledge to adopt a Constitutional amendment introducing quotas for women in the conduct of public affairs, the Committee notes with concern that women remain underrepresented in both the public and private sectors, particularly in decision-making positions and that the current Parliament shows reluctance towards such a change. The Committee is also concerned about the worrying figures on women and girls’ illiteracy, which is an obstacle to their full enjoyment of human rights (arts. 2, 3 and 26). Para 11.

In line with its previous concluding observations (CCPR/CO/84/YEM, paras. 8 and 10), the Committee urges the State party to take measures to preserve the achievements made by women in the context of peaceful demonstrations in 2011, in terms of public participation, and translate them into lasting achievements by means such as adopting a Constitutional amendment introducing quotas for women in the conduct of public affairs. The State party should take urgent and concrete steps to ensure the literacy and education of girls and women.

 

Death penalty:  The Committee remains concerned that the offences carrying the death penalty in national legislation are not consistent with the requirements of the Covenant. It is also concerned that the law de facto permits the imposition of the death penalty on persons below 18 years of age at the time of the alleged commission of the offence. The Committee is also gravely concerned about reports that a proposed amendment to the Penal Code could also allow the death penalty to be used against children. The Committee is concerned about some torturous methods of execution which remain legal inYemensuch as stoning (arts. 6 and 7). Para 14.

In line with the Committee’s previous concluding observations (CCPR/CO/84/YEM, para. 15), the State party must revise its death penalty legislation to ensure that the death penalty is applied only within the strict requirements of article 6 of the Covenant, which limits the circumstances that may justify the death penalty, and guarantees the right of every person sentenced to death to seek a pardon. The State party should comply with the provisions of article 6, paragraph 5, which prohibits the sentence of death for crimes committed by persons below 18 years of age. The Committee also recalls that death sentences imposed as a result of an unfair trial in breach of article 14 of the Covenant violate article 6 of the Covenant. The State party should also officially abolish the sentence and execution of death by stoning. Finally, the State party should consider ratifying the Second Optional protocol to the Covenant aiming at the abolition of the death penalty.

 

Corporal punishment:  The Committee is concerned about the legality of corporal punishment as a form of criminal sanction, which includes flogging, amputation and stoning. The Committee is also concerned about reports of corporal punishments against children outside judicial spheres such as within the family and in schools (arts. 6, 7 and 24). Para 20.

The State party should take practical steps to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.

 

Armed conflict: The Committee is seriously concerned about reports revealing the use of children, i.e. those who are under 18 years of age, in the manning of military checkpoints and the protection of protesters during the 2011 unrest (arts. 6 and 24). Para 23.

The State party should take all necessary measures to prohibit the use of child soldiers in accordance with article 24 of the Covenant and the State party’s obligations under the Optional Protocol to the Convention on the Rights of the Child. In this regard, the State party should establish a reliable mechanism, including systematic provision of birth certificate enabling an accurate determination of the age of all persons wishing to enrol in military forces. The use of children in manning checkpoints and protecting protesters should be strictly prohibited.

The Committee has received disturbing reports about violent acts perpetrated by non-State actors during the long-standing conflict as well as during the recent 2011 unrest. The Committee is also concerned about concordant reports confirming the existence of private detention centres, managed by tribal leaders or opposition groups, and the use of child soldiers by non-State actors (arts. 2, 6, 7, 9, 10 and 24).

In its effort to restore law and order, the State party should identify all places where individuals might be deprived of their liberty or subject to treatment contrary to the provisions of the Covenant. The State party should conduct full and thorough investigations into cases of killings, arrest, detention, torture and ill-treatment perpetrated by non-State actors, initiate criminal proceedings and sentence those responsible. The State party should take all measures within its power to ensure that no child, i.e. anyone under the age of 18, is recruited, trained or armed as a combatant.

 

 

CCPR/CO/84/YEM
Last reported: 11-12 July 2005
Concluding Observations adopted: 15 July 2005

Concerns raised:

  • Female genital mutilation. The Committee expresses its regret that insufficient information was provided on the extent to which female genital mutilation is practised in Yemen. While noting that female genital mutilation can no longer be practised in hospitals and health centres, it notes with concern that, according to various sources of information, no general prohibition of those practices has been enacted (arts. 3, 6, and 7).

    The Committee recommends that the State should increase its efforts to eradicate female genital mutilation and enact a law prohibiting all persons from carrying out the practice. It also recommends that the State should provide more detailed information on this issue, including (a) statistical data on the number of women and girls concerned; (b) information on proceedings, if any, instituted against perpetrators of female genital mutilation; and (c) information on the effectiveness of programmes and awareness-raising campaigns implemented in order to combat the practice. (Paragraph 11)

  • Use of force by security forces. The Committee expresses concern about the use of force by security forces on 21 March 2003, which resulted in the killing of four people, including an 11-year-old-boy, participating in a demonstration against the war in Iraq (art. 6).

    The Committee recommends that the State should conduct a full and impartial investigation into these events and should, depending on the findings of the investigation, institute proceedings against the perpetrators of the killings. The State party should also provide remedies to the victims' families. (Paragraph 14)

  • Trafficking of children. The Committee expresses concern about reports of trafficking of children out of Yemen and of women coming to or through the country, as well as the practice of expelling trafficked persons from the country without appropriate arrangements for their care (art. 8).

    The Committee urges the State to increase its efforts to combat such practices, while fully addressing the human rights entitlements and needs of the victims. More detailed information, including statistical data, should be included in the next periodic report. (Paragraph 17)

  • Age of marriage. The Committee notes with concern that the Personal Status Act allows children aged 15 to marry, and that early marriage of girls, sometimes below the age fixed by the law, persists. It is also concerned about marriages of under-age children contracted by their guardians. This practice jeopardises the effectiveness of the consent given by spouses, their right to education and, in the case of girls, their right to health (arts. 3, 23 and 24).

    The Committee recommends that the State should raise the minimum age of marriage and ensure that it is respected in practice. (Paragraph 21)

  • Position of women and girls in society. The Committee welcomes the adoption of various measures for the advancement of women, as well as the recognition by the State that stereotypical views of women's and men's social roles and responsibilities have had a negative impact on some aspects of Yemeni legislation. It notes with concern the high rate of illiteracy among women, which clearly hinders the enjoyment of their civil and political rights (arts. 3 and 26).

    The Committee urges the State to increase its efforts to change stereotypical attitudes detrimental to women's rights, and to promote the literacy and education of girls and women. (Paragraph 8)

_____________________________________________

UN Committee on Economic, Social and Cultural Rights

(E/C.12/YEM/CO/2)

Last reported: 9 and 10 May 2011
Concluding observations adopted: 20 May 2011

The Committee emphasises the importance that the State party submit in its next periodic report annually collected comparative statistical data on all Covenant rights, disaggregated by sex, age and urban/rural residence, paying particular attention to disadvantaged and marginalised groups of society. (Paragraph 2)

  • Discrimination against minorities. The Committee is concerned that the Al-Akhdam people continue to face social and economic marginalisation and discrimination, especially concerning access to employment, conditions of work, extensive level of child labour, extremely high levels of school drop-out, lack of adequate housing, water and sanitation, as well as electricity, (art.2).

    The Committee calls on the State party to combat the social discrimination and marginalisation faced by the Al-Akhdam people, including through temporary special measures, in line with the Committee's General Comment No.20 on Non-Discrimination in Economic, Social and Cultural Rights, and to adopt a national action plan for this purpose, elaborated with the participation of Al-Akhdam people and equipped with an effective, participatory and transparent monitoring and implementation mechanism. The Committee also recommends that the planned measures focus on access to employment, adequate conditions of work, enrolment of children in education and prevention of school drop-outs, access to medical care, and reduction of child mortality, as well as access to adequate housing, water, sanitation and electricity. (Paragraph 8)

  • High level of youth unemployment. The Committee is concerned about the high level of unemployment in the State party, in particular among women in rural and remote areas and the youth, as well as the discrimination against public sector employees and military personnel from the South of the State party (art.6).

    The Committee recommends that the State party take steps, including in the framework of its newly developed National Employment Strategy, to reduce unemployment, in particular amongst the most disadvantaged and marginalised individuals and groups, including women in rural and remote areas and the youth. The Committee also recommends that urgent and effective measures are taken to eliminate discrimination of persons from the South of Yemen within the public sector. (Paragraph 11)

  • Discrimination against children with disabilities. The Committee is deeply concerned about continued discrimination and marginalisation of persons with disabilities, in particular regarding the access of women and girls with disabilities to employment (art.6).

    The Committee recommends that the State party take steps to eliminate discrimination and stigma attached to disabilities in all spheres of life. Urgent measures are recommended to counter the discrimination of women and girls with disabilities in accessing employment. The Committee recommends the State party to ensure that an appropriate percentage of government jobs is made available to persons with disabilities. (Paragraph 12)

  • Domestic violence. The Committee continues to be concerned about the prevalence of domestic violence, including sexual harassment of women and children in the State party, and about the reported difficulties for victims to file complaints and seek redress following such abuse (art.10).

    The Committee recommends that the State party immediately promulgate the Domestic Violence Act No.6 of 2008 and thus, criminalise domestic violence and marital rape, prosecute offenders, as well as ensure protection to victims of domestic violence, including through expanding the number, coverage and capacity of shelters. The Committee also recommends that the State party intensively undertake to raise awareness of the phenomenon of domestic violence among police officers, prosecutors, judges, social workers, and the general public. The Committee further recommends that the State party strengthen its research and data collection capacity on domestic violence and provide detailed information on it in its next periodic report, together with information on the number of complaints filed by victims, remedies granted, as well as prosecutions and sentences imposed on perpetrators. (Paragraph 17)

  • Child marriage. The Committee is deeply concerned that the amendment to the Personal Status Act No.20 of 1992 by Law No.24 of 1999, legalising marriage of girls under 15 years of age with the consent of their guardian remains in force, and that the Parliamentary Sharia Committee in October 2010 has prevented the entering into force of an amending Act aimed at establishing a minimum age of marriage. The Committee is also concerned about the growing number of victims of child marriages. (art.10)

    The Committee recommends that the State party: (1) adopt and implement the Law on the minimum age of marriage and set it at 18 years of age in accordance with recommendations by relevant international bodies; (2) ensure access to effective remedies and other forms of necessary protection to victims of child marriages; and (3) undertake to raise awareness on the negative effects of child marriages. (Paragraph 19)

  • Female genital mutiliation. The Committee expresses its deep concern about the continued harmful practice of female genital mutilation in the State party, especially in the coastal and rural areas (art.10).

    The Committee recommends that the State party urgently adopt legislation criminalising female genital mutilation and ensure the prosecution and adequate punishment of those performing it or imposing it on girls or women. It also recommends that the State party strengthen its awareness-raising and education efforts with the aim of completely eliminating this practice and countering its underlying arguments. (Paragraph 20)

  • Corporal punishment. The Committee notes with concern that corporal punishment of children can be applied as a penalty in criminal proceedings, and that it is lawful and widely used in the home and alternative care settings as a disciplinary method. (art.10)

    The Committee recommends that the State party urgently adopt legislation explicitly prohibiting corporal punishment of children in all settings, including as a penalty in criminal proceedings, as well as at home and alternative care settings. (Paragraph 21)

  • Child labour. The Committee is concerned about the lack of effective implementation and enforcement of the legal prohibition of child labour, leading to the exploitation of children on a large scale (art.10).

    The Committee recommends that the State party undertake effective measures to enforce the prohibition of child labour, including through sufficiently resourcing the Child Labour Unit at the Ministry of Social Affairs and Labour. The Committee also recommends that the State party more effectively monitor instances of child labour in order to ensure its gradual eradication, especially in the context of hazardous work, in accordance with ILO Convention No. 182. (Paragraph 22)

  • Trafficking. The Committee expresses its deep concern about the large scale trafficking in women and children, including to neighboring countries for sexual and other exploitative purposes. It is also concerned about the low rate of prosecutions against perpetrators of women and child trafficking (art.10).

    The Committee recommends that the State party strengthen its efforts to prevent and combat trafficking in women and children, including in the framework of the implementation of the revised and developed National Plan to Combat Child Trafficking. In particular, the Committee recommends to the State Party a prompt adoption of the proposed amendments to the Code of Offences and Penalties, and swift prosecution of perpetrators of the crime of trafficking. The Committee also recommends that the State party further strengthen its system for the rehabilitation and reintegration of victims of trafficking, including rehabilitation to victims of sexual exploitation. (Paragraph 23)

  • Malnutrition. The Committee is concerned about the extent of malnutrition in the State party, the high rates of wasting, underweight and stunting, as well as rising household food insecurity, especially in rural areas. The Committee expresses its deep concern that this situation has been aggravated by the rise in food prices. The Committee is also concerned that a disproportionate portion of agricultural land is allocated to the cultivation of qat (art.11).

    The Committee recommends that the State party adopt effective and urgent measures to combat hunger and malnutrition, especially child malnutrition, and take urgent measures to offset the negative impact of rising food prices on family budgets, especially in the case of disadvantaged and marginalised individuals and families. The Committee invites the State party to draw guidance in these endeavors from its General Comment No.12 (1999) on the right to adequate food. (Paragraph 25)

  • Access to safe drinking water. The Committee is concerned about the increasing lack of water, insufficient and unequal access to water, and shortage of safe drinking water in the State party, in particular in rural and remote areas. The Committee is also concerned about the depletion of non-renewable groundwater reserves. It is also concerned that the public sanitation network is confined only to urban centres and notes with concern the high prevalence of water borne diseases and subsequent child deaths (art.11).

    The Committee recommends that the State party increase its efforts to ensure universal access to adequate water and sanitation facilities, including in rural and remote areas. It also recommends that the State party strengthen its efforts, including through international cooperation, to address the shortage of water resources, improve water management, in particular in the agricultural sector, and rationalise the use of non-renewable groundwater reserves. The Committee draws the State party's attention to its General Comment No. 15 (2002) on the right to water, as well as the Committee's statement on the right to sanitation (2010). (Paragraph 26)

  • Health care. The Committee is concerned about the limited access to basic health-care services and related family planning services, especially in rural and remote areas. The Committee is also concerned about the very high maternal and child mortality rates in the State party, which is related to the fact that only 36 percent of all deliveries are attended by skilled medical personnel. (art.12)

    The Committee recommends that the State party take all necessary measures, including through its National Health Strategy 2010-2015, to: (a) ensure universal access to affordable primary health care and specialized reproductive health services; (b) increase skilled birth attendance, and antenatal and post-natal care, especially in rural and remote areas; and (c) increase the representation of women in health-care personnel, especially in the field of nursing. (Paragraph 27)

  • Education. The Committee notes with concern that despite some improvements enrolment rates in basic and secondary education remain very low, particularly in the case of girls. It is also concerned about the increasing drop-out rates and decreasing attendance and completion rates in primary and secondary education (art.13 and 14).

    The Committee recommends that the State party take urgent steps to address the low enrolment rates in basic and secondary education, address gender disparities, and take all appropriate measures in order to address problems relating to high drop-out rates in the school system. The Committee recommends that such steps include ensuring respect for compulsory attendance, addressing the gender imbalance in teaching personnel especially in rural areas, provision of sufficient financial support, and addressing parental attitudes and traditional household labour practices. (Paragraph 28)

  • Discrimination in education against children with disabilities. The Committee is deeply concerned about the continued discrimination of persons with disabilities, in particular women and girls with disabilities, regarding their access to education (art.13 and 14)

    The Committee recommends that the State party take urgent measures to ensure the implementation of inclusive education of children with disabilities, including through (a) obligatory training of all teachers (beyond special education teachers); (b) individual education plans for all students; (c) availability of assistive devices and support in classrooms, and educational materials and curricula; (d) barrier-free physical access to schools and their facilities (e) teaching of sign language; (f) the allocation of sufficient financial resources; and (g) enforcement of the legally established exemption from payment of university tuition fees for persons with disabilities. (Paragraph 29)

  • Illiteracy. The Committee expresses its concern about the continued high rate of illiteracy in the State party, especially among women and girls in rural areas (art.13 and 14).

    The Committee recommends that the State party continue its efforts to eradicate illiteracy and alleviate its causes, including through effective implementation, monitoring, assessment, and funding of its Illiteracy Eradication and Adult Education Strategy, and provide information on the results achieved year by year in its next periodic report. (Paragraph 30)

_____________________________________________

UN Committee against Torture

(CAT/C/YEM/2/Rev.1)

Last reported: 3 November 2009
Concluding Observations adopted: May 2010

Concerns raised:

  • Hostage-taking of relatives. Notwithstanding the statement provided by the State delegation that hostage taking is illegal in the country, the Committee expresses its great concern at the reported practice of holding relatives of alleged criminals, including children and elderly, as hostages, sometimes for years at a time, to compel the alleged criminals to surrender themselves to the police; it also emphasises that such practice is a violation of the Convention. In this respect, the Committee notes with particular concern the case of Mohammed Al-Baadani, who was abducted in 2001, at age 14, by a tribal chief because of his father's failure to pay back debts, and who reportedly remains in a State prison without a set trial date (arts. 12 and 16).

    The Committee urges the State, as a matter of priority, discontinue its practice of holding relatives of alleged criminals as hostages, and punish the perpetrators. The State should also provide an update on the case of Mohammed Al-Baadani. (Paragraph 14)

  • Imposition of the death penalty. While noting the information provided by the State in the replies to the list of issues, the Committee expresses its concern that a total of 283 death sentences were executed in the period 2006-2008. The Committee also remains deeply concerned at reported cases of imposition of the death penalty on children of between 15 and 18 years of age. The Committee also expresses concern at the conditions of detention of convicted prisoners on death row, which may amount to cruel, inhuman or degrading treatment, in particular owing to the excessive length of time on death row. The Committee is further concerned at the lack of information in the State report and the replies to the list of issues on the precise number of persons executed in the full reporting period and for which offences, as well as the number of persons currently on death row, disaggregated by sex, age, ethnicity and offence (arts. 2 and 16).

    The Committee recommends that the State consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty. In the meantime, the State should review its policy with regard to the imposition of the death penalty, and in particular take the measures necessary to ensure that the death penalty is not imposed on children.

    Furthermore, the State should ensure that its legislation provides for the possibility of the commutation of death sentences, especially where there have been delays in their implementation. The State should ensure that all persons on death row are afforded the protection provided by the Convention and are treated humanely.

    The Committee reiterates its request to the State to provide information, in detail, on the precise number of people executed in the full reporting period, for which offences and whether any children have been sentenced to death and executed. The State should also indicate the current number of people on death row, disaggregated by sex, age, ethnicity and offence. (Paragraph 21)

  • Children detained with their mother. The Committee expresses its serious concern at information that prison conditions are not suitable for women, that there are no female guards in female prisons, with the exception of the Hajah detention centre or specific health care for women prisoners, including for pregnant women and for their children.

    The Committee urges the State to ensure that women prisoners have access to adequate health facilities. (Paragraph 24)

  • Children in detention. While appreciating information provided by the State on progress achieved in the juvenile justice system and that a draft amendment to the Juvenile Welfare Act that would raise the minimum age of criminal responsibility to 10 years is currently being considered, the Committee remains deeply concerned at the continued practice of detention of children, including children as young as seven or eight years of age; it is also concerned at reports that children are often not separated from adults in detention facilities and that they are frequently abused. The Committee also remains concerned at the very low minimum age of criminal responsibility (seven years) and other shortcomings in the juvenile justice system (arts. 2, 4, 11 and 16).

    The Committee urges the State to, as a matter of urgency, raise the minimum age of criminal responsibility in order to bring it into line with generally accepted international standards. The State party should also take all measures necessary to significantly reduce the number of children in detention and ensure that persons below 18 years of age are not detained with adults; that alternative measures to deprivation of liberty, such as probation, community service or suspended sentences, are available; that professionals in the area of recovery and social reintegration of children are properly trained; and that deprivation of liberty is used only as a measure of last resort, for the shortest possible time and in appropriate conditions. In this respect, the Committee reiterates the recommendations made by the Committee on the Rights of the Child (CRC/C/15/Add.267, paras. 76 and 77). The Committee requests the State to provide statistics on the number of children in detention, disaggregated by sex, age and ethnicity. (Paragraph 25)

  • Domestic violence. The Committee notes with deep concern that violence against women and children, including domestic violence, remains prevalent in Yemen.

    The Committee encourages the State to strengthen its efforts to prevent, combat and punish violence against women and children, including domestic violence. (Paragraph 29)

  • Trafficking. The Committee notes the statement in the replies to the list of issues that the "problem of child smuggling" in the country is largely a matter of irregular migration by children, not child trafficking, and it also notes a number of measures adopted by the State to prevent and combat such phenomena. However, the Committee expresses its grave concern at reports of trafficking in women and children for sexual and other exploitative purposes, including reports of trafficking of children out of Yemen, mostly to Saudi Arabia. The Committee is also concerned at the general lack of information on the extent of trafficking in the State, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as well as on the concrete measures taken to prevent and combat such phenomena (arts. 1, 2, 12 and 16).

    The Committee urges the State to increase its efforts to prevent and combat trafficking of women and children and cooperate closely with the authorities of Saudi Arabia in respect of cases of combating trafficking in children. The State should provide protection for victims and ensure their access to medical, social, rehabilitative and legal services, including counselling services, as appropriate. The State should also create adequate conditions for victims to exercise their right to make complaints, conduct prompt, impartial and effective investigations into all allegations of trafficking, and ensure that perpetrators are brought to justice and punished with penalties appropriate to the nature of their crimes. The State is requested to provide further information on measures taken to provide assistance to the victims of trafficking as well as statistical data on the number of complaints, investigations, prosecutions and convictions relating to trafficking. (Paragraph 30)

  • Early marriages. The Committee notes with interest the information provided by the State delegation that a draft legislative amendment to raise the minimum age of marriage has been approved by the Council of Ministers and was at that time before the Parliament. However, the Committee remains seriously concerned at the amendment to Personal Status Law No. 20 of 1992 by Law No. 24 of 1999, which legalised the marriage of girls under 15 years of age with the consent of their guardian. The Committee expresses its concern at the "legality" of such early marriages of girls, some as young as eight years of age, and underlined the fact that this amounts to violence against them as well as inhuman or degrading treatment, and is thus in breach of the Convention. The Committee further expresses its concern at the very high maternal and child mortality rates, including the considerable number of girls that reportedly die every day following complications during labour and delivery (arts. 1, 2 and 16).

    The Committee urges the State to take urgent legislative measures to raise the minimum age of marriage for girls, in line with article 1 of the Convention on the Rights of the Child, which defines a child as being below the age of 18, and the provision on child marriage in article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women; it should also stipulate that child marriages have no legal effect. The Committee also urges the State to enforce the requirement to register all marriages in order to monitor their legality and the strict prohibition of early marriages and to prosecute the perpetrators violating such provisions, in line with the recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/YEM/CO/6, para. 31) and the universal periodic review (A/HRC/12/13). (Paragraph 31)

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Committee against Torture: Follow-up

Further clarifications requested April 2006. No mentions of children's rights.

_____________________________________________

UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/YEM/6)

Last reported: 1 July 2008
Concluding Observations published: 9 July 2008

Concerns raised:

  • Trafficking. The Committee expresses concern about the lack of information on trafficking and smuggling provided by the State, especially of women and girls, as well as on the concrete measures adopted to prevent such phenomena. (Paragraph 369)

    The Committee urges the State to adopt comprehensive and effective measures to prevent and combat trafficking and smuggling in persons, especially women and girls, and investigate thoroughly such cases, in accordance with article 6 of the Convention and the Committee's general recommendation No. 19. It called upon the State to increase international cooperation efforts to prevent trafficking, to prosecute and punish traffickers in proportion to the gravity of their crime, and to ensure the protection of the human rights of women and girls who are victims of trafficking. The Committee also calls upon the State to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. It further calls upon the State party to provide to the Committee, in its next periodic report, statistical data related to trafficking and smuggling, concrete interventions and their results. (Paragraph 370)

  • Child and maternal mortality and HIV/AIDS. While noting the existing health policies and programmes, including the Strategy for Development Women's Health (2006-2010) and the National Strategy for Reproductive Health (2003-2005) and its updated strategy for 2006-2010, the Committee expresses its concern about the high rate of infant, child and maternal mortality in Yemen, and the limited access to health-care services and family planning, especially in rural areas. (Paragraph 377)

    The Committee calls upon the State to increase women's access to primary health-care services, especially in rural areas, including reproductive health care and means of family planning. In the light of its general recommendation No. 24, the Committee also recommends that the State party increase awareness campaigns on the importance of health care, including information on the spread of sexually transmitted diseases and HIV/AIDS as well as on the prevention of unwanted pregnancies through family planning and sex education. (Paragraph 378)

  • Early marriages. The Committee expresses deep concern at the amendment to Personal Status Law No. 20 of 1992 by Law No. 24 of 1999 and its negative consequences, which legalised the marriage of girl children below 15 years of age, with the consent of their guardian, which is a clear setback for women's rights and the implementation of the provisions of the Convention in Yemen and a serious violation of the State party's obligations under the Convention. The Committee remains deeply concerned at the "legality" of such early marriages of girl children, some as young as eight years of age, which amounts to violence against them, creates a serious health risk for those girls and also prevents them from completing their education. (Paragraph 379)

    The Committee urges the State, reiterating its previous recommendations, to take urgent legislative measures to raise the minimum age of marriage for girls, in line with article 1 of the Convention on the Rights of the Child, which defines a child as being below the age of 18, and the provision on child marriage in article 16, paragraph 2, of the Convention, and stipulate that child marriages have no legal effect. The Committee urges the State to enforce the requirement to register all marriages in order to monitor their legality and the strict prohibition of early marriages as well as to prosecute the perpetrators violating such provisions. The Committee recommends that the State develop awareness-raising campaigns, with the support of civil society organisations and religious authorities, on the negative effects of early marriage on the well-being, health and education of girls. The Committee urges the State to adopt, without delay, the Safe Motherhood Law recently presented to Parliament, which includes provisions prohibiting any practice that endangers women's health, such as early marriages and female genital mutilation, in addition to ensuring the provision of contraceptives in all health centres. In this respect, the State should ensure that such contraceptives are free or affordable. (Paragraph 380)

  • Temporary marriages. The Committee expresses its concern with so-called "tourist marriages" or "temporary marriages" of young Yemeni girls, usually from poor families, to non-Yemenis, usually rich men from neighbouring countries, which have become more common in the past few years with the development of tourism. (Paragraph 381)

    The Committee urges the State to adopt all necessary measures to prevent these negative phenomena and combat this form of sex tourism. The State should actively consider the recommendations of the Parliamentary Committee of Islamic jurisprudence legislators on this issue, such as amending the Personal Status Law, and prosecute the perpetrators of such acts. The Committee recommends that the State develop awareness-raising campaigns, with the support of religious authorities and civil society organisations, on the negative implications of "temporary marriages" for the girls and their families. (Paragraph 382)

  • Female genital mutilation. While welcoming the 2001 decree of the Ministry of Health banning the practice of female genital mutilation in all private and public health facilities or by public health servants, the Committee expresses concern that female genital mutilation remains legal and, as expressed in its previous concluding observations, about its high incidence, especially in the coastal and rural areas, as well as with the State party's reluctance to adopt measures aiming at eradicating this persistent harmful practice. The Committee notes with concern the serious health complications for girls and women arising out of this practice, which in some cases may lead to death, as well as with the impunity of perpetrators. (Paragraph 383)

    In the light of its general recommendations Nos. 14 and 19, as an act of violence against women inflicting physical, mental or sexual harm or suffering, the Committee reiterates the recommendation that the State adopt urgently legislation criminalising female genital mutilation, and recommended that the State enforce its prohibition through the prosecution and adequate punishment of offenders. It also recommended that the State party strengthen its awareness-raising and education efforts, targeted at both men and women, with the support of civil society organisations and religious authorities, in order to completely eliminate this practice and its underlying cultural justifications. The Committee encourages the State to seek technical assistance from relevant United Nations agencies and bodies. (Paragraph 384)

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UN Committee on the Elimination of Discrimination against Women: Follow-up

The Committee requests the State to provide, within two years, written information on the steps undertaken to implement the recommendations contained, among others, in paragraph 384. The Committee also requests the State consider seeking technical cooperation and assistance, including advisory services, if necessary and when appropriate for implementation of the above recommendations. (Paragraph 408)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/YEM/CO/17-18

Last reported:25 / 28 February 2011
Concluding Observations issued: 4 April 2011

 

Issues raised:

No references to children's rights.

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

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UN Committee on Enforced Disappearance

Organisation: 
Child Rights International Network

Countries

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