CRC/C/GAM/CO/2-3
Adopted by the Committee: 30 January 2015
Published by the Committee: 4 February 2015
Issues raised:
Ratification and national policy:
The Committee welcomes the adoption by the State party of the Children’s Act 2005, The Maternal and Child Nutrition and Health Results Project 2014 – 2018, The Special Needs Education and Inclusive Policy Framework 2009 – 2015; and The National Early Childhood Development Policy Framework 2009 – 2015 (para.4,5).
Discrimination:
The Committee remains concerned about: The persistent application of legal and societal discrimination against girls, including the discriminatory provisions contained in the “personal law”, such as those relating to the inheritance rights of girls; Discrimination against children born out of wedlock who cannot inherit from the estate of their fathers as the “personal law” does not recognize their inheritance rights; Discrimination faced by children with disabilities in the society and their limited and inadequate access to premises and facilities, including schools; The persistent de facto discrimination faced by children living in poverty, working children, children in street situations, children living in rural areas and refugee children; (para.29).
Birth registration/name and nationality:
The Committee remains concerned about: The huge number of children who are not immediately registered at birth and the lack of awareness among parents, especially in remote areas, of the importance of birth registration; The complicated procedure for children above five years of age to be registered; The obstacles to birth registration of children born out of wedlock mostly due to the stigmatization faced by single mothers; and the reported lack of provision of identification documents to child refugees born in The Gambia or arriving as minors, which puts them at particular risk of statelessness (para.35).
Harmful practices:
The Committee remains concerned about: The absence of legislation explicitly prohibiting corporal punishment in the home, school and alternative care settings; The existence of provisions in the common law allowing parents, guardians and others in loco parentis to “reasonably chastise” their child; and frequent incidents of corporal punishment, including severe physical punishments suffered by children, especially in the home (para.41).
The Committee is deeply concerned about the still existing high prevalence of female genital mutilation in the country, as well as the absence in the legislation of explicit criminalization of the practice of female genital mutilation (para.45).
The Committee is also concerned that polygamy is still legal and widespread – a situation, which is contrary to the dignity of women and girls entering such marriages and which negatively affects the children of such marriages (para.51).
Children deprived of a family environment:
The Committee is concerned about the increase in the occurrence of baby abandonment, partly due to the lack of family and parenting support programmes, the limited programmes on reproductive health education, and the criminalization of abortion (para.53).
Adoption:
The Committee is concerned about the prevalence of informal adoptions (called “kinship fostercare”) within the extended family, which are not properly assessed and monitored and are at risk of being in conflict with the best interest of the child (para.55).
Cildren with disabilities:
The Committee remains concerned about the high level of discrimination against and stigmatization of children with disabilities; The lack of adequately prepared and equipped schools to receive children with disabilities, in particular in rural areas (para.58).
Health:
The Committee is concerned about the still high level of maternal, neonatal and under-five mortality rates, child malnutrition, and the limited prenatal care (para.60).
Also about the legal provisions considering abortion as an offense except to save the life of the pregnant woman, resulting in girls and women in these situations likely to seek risky illegal abortions (para.62).
Education:
The Committee remains concerned about: The low quality of education and the disparities between urban and rural areas in this regard; The insufficient number of well-trained teaching staff; and the high school drop out of girls in remote areas due to child marriages (para.68).
The Committee remains concerned about the low attendance rate in and availability of early childhood education in the State party and the disparities between urban and rural areas in this regard (para.70).
Asylum-seekers and refugee children:
The Committee is concerned about reports indicating the lack of provision of identification documents to refugee children born in the State party or arriving as minors, which puts them at particular risk of statelessness (para.74).
Labour exploitation:
The Committee is concerned about the numerous cases of child labour especially on family farms, in family owned businesses and in the informal sector; cases of children undertaking petty trading or long hours of domestic work at home; cases of Almudos receiving inadequate food and working for long hours on the farm of the Marabout; and the reported lack of political will to address the issue of child labour (para.76).
Children in street situation:
The Committee is concerned the party failed to undertake a comprehensive study to assess the scope and the causes of the phenomenon of children in street situations, including Almudos children, forced to beg or work in the street. The Committee is also concerned that the State party failed to develop a comprehensive strategy and programme to ensure that children in street situations are provided with adequate means of living to support their full development (para.78).
Commercial exploitation:
The Committee remains concerned at the fact that no alleged perpetrator of human trafficking has been prosecuted in the country. It is also concerned that the notion of child trafficking is poorly understood in the State party, especially as it relates to internal trafficking of children. It is further concerned about the low number of professionals dealing with children victims of trafficking (para.80).
Juvenile Justice:
The establishment of only three equipped children’s courts out of the five children’s courts provided for by the Children’s Act; The reported lack of effective implementation of alternative measures to detention provided for by the 2005 Children’s Act; The lack of separate detention facilities for boys and girls and the lack, in most of the police stations, of separate pre-detention facility for children and adults (para.82).
