(CRC/C/KGZ/CO/3-4)
Below is a short summary of some of the key issues from the Committee on the Rights of the Child's 66th session concluding observations for Kyrgyzstan’s third and fourth reports on the UN Convention of the Rights of the Child. Read the full text, and you can find other documents related to the Committee's 66th session (including alternative reports submitted by NGOs and the Committee's concluding observations for other States reviewed in this session) on the Committee’s 66th session page. Please note that these are not official UN summaries.
Definition of the Child: The Committee notes the State party’s statement that the age of majority is 18 years, but is concerned that some of its laws and policies, including the Youth Policy Law and health policies define children as below the age of 14 years, which is not consistent with the definition of a child under the Convention and leads to discrimination against children above the age of 14 years, in particular with regard to free access to medical services. (para. 16)
The Committee recommends that the State party take measures to harmonize its legislation and policies in relation to the definition of a child in order to ensure that all children below the age of 18 years are afforded the same rights and entitlements in all sectors. (para. 17)
Violence of June 2010: The Committee is seriously concerned about the considerable number of children who were killed during the June 2010 violence and the inability of the State party to protect them during the conflict. The Committee is also concerned about the failure of the State party to investigate these killings expeditiously and bring those responsible to justice. (para. 22)
The Committee recommends that the State party establish mechanisms to provide rapid response to protect children in case of a conflict and provide prompt, impartial and effective investigation into the killings, including those of children during the June 2010 events. (para. 23)
Birth registration: The Committee is concerned about the reports that children born to parents who do not possess valid identity documents, in particular Lyuli mothers or mothers without a residence permit, are denied birth registration. The Committee is also concerned about the reports of excessive bureaucratic and illegal demands in the process of restoring birth certificates. (para. 24)
The Committee urges the State party to ensure that all children born in its territory irrespective of the availability of their parents’ identity documents or residence permits are registered and provided with standard birth certificates immediately without any undue barriers. The Committee also recommends that the State party simplify the procedure for birth registration and ensure that no illegal demands are made in the process of restoration of birth certificates. (para. 25)
The Committee also recommends that the State party amend its Law on Citizenship and establish safeguards to prevent children born and living in its territory from becoming stateless. It further recommends that the State party ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (para. 27)
Torture and cruel treatment: The Committee is extremely concerned about widespread torture and ill-treatment of children by the representatives of law enforcement in detention facilities and closed institutions, including solitary confinement for up to seven days. In particular, the Committee is concerned about the case of Nookat in 2008 where families, including children were subjected to torture for their alleged membership in the Hizbut Tahrir religious group. The Committee is also concerned about the lack of complaints mechanisms and effective investigations into the cases of torture and ill treatment of children in detention facilities and closed institutions as well as during the investigation process. (para. 28)
The Committee urges the State party to take immediate measures to launch prompt and effective independent investigations into all allegations of torture and ill-treatment against children in detention facilities and closed institutions as well as during investigations, in particular in relation to the Nookat case, and ensure that perpetrators are prosecuted and punished under relevant articles of the Criminal Code; provide care, recovery, compensation and rehabilitation for child victims of torture and ill-treatment; prevent incidents of torture and ill-treatment by independent monitoring and unannounced visits to places of detention and closed institutions as well as by undertaking comprehensive training programmes for security and police personnel; and establish an effective complaints and data collection system concerning complaints on torture or other forms of ill-treatment of children deprived of their liberty. (para. 29)
Children with disabilities: The Committee is concerned at the widespread institutionalization of children with disabilities; their social and economic exclusion resulting from stigmatization; their lack of adequate support; the insufficient social benefits available for them; the lack of access to education; the deaths of children with disabilities in care institutions; and the lack of stimulation for the development of children with mental disabilities. (para. 45)
The Committee recommends that the State party take all necessary measures to develop a policy on deinstitutionalization and prevent excessive institutionalization of children with disabilities, by providing all necessary support to families with children with disabilities and ensure sufficient alternative family and community based care options for children with disabilities deprived of family environment; raise the awareness of the public, in particular children about the rights of children with disabilities and take measures for their successful integration into society; ensure that social benefits for families with children with disabilities are sufficient to cover the basic needs of such children; provide inclusive education for children with disabilities by training teachers, providing schools with necessary equipment and sensitizing the school personnel, children and public in general on the rights of children with disabilities; ensure prompt and effective investigation into cases of deaths of children with disabilities in care institutions and establish an independent monitoring of care institutions, in particular health care services provided to children in such institutions; and ensure that all children with mental disabilities are provided with appropriate stimulation activities. (para. 46)
HIV/AIDS: The Committee is concerned about the growing number of HIV/AIDS infections, including among children, especially in the south of the country due to needle sharing in hospitals and lack of awareness about the transmission methods. It is seriously concerned about the infection of more than 100 children in medical facilities in Osh province during 2006-2007. (para. 49)
The Committee recommends that the State party take all necessary measures to prevent transmission of HIV/AIDS by raising awareness of the public, including children, about the transmission methods and providing hospitals with necessary resources to prevent sharing of needles and other instruments that could lead to transmission of infections. The Committee also recommends that the State party provide information on the investigation into the mass infections of children with HIV/AIDS in Osh province and their causes and ensure that the victims are provided with appropriate assistance and support. (para. 50)
Child Labour: The Committee is concerned about the large number of children, mostly without a birth certificate, working in hazardous conditions seven days a week ten hours a day. It is particularly concerned that working children, especially those living in care institutions are often subjected to physical, emotional and sexual abuse. (para. 61)
The Committee urges the State party to remove from its legislation the requirement of a 10 days notification prior to the visit of labour inspectors and organize regular unannounced inspection of private and state employment sites and ensure that any person who may be below the age of 18 years is not subjected to hazardous work conditions. The Committee urges the State party to provide regular visits and monitoring of care institutions to detect signs of forced labour and/or physical, emotional and sexual abuse and bring those responsible to justice. (para. 62)
