COMMITTEE ON RIGHTS OF CHILD CONCLUDES SESSION
Press Release
HR/4234
COMMITTEE ON RIGHTS OF CHILD CONCLUDES SESSION
19951121 GENEVA, 17 November (United Nations Information Service) -- The Committee on the Rights of the Child this afternoon concluded its tenth session, which opened in Geneva on 30 October, with the adoption of its annual report. During the session, the Committee examined reports of six States parties to the Convention -- Italy, Ukraine, Germany, Senegal, Portugal, Holy See -- and adopted final observations concerning their application of the Convention.Furthermore, the Committee also devoted one day of its session, 13 November, to a general debate on the theme of "The Administration of Justice of Minors". Participants in the debate included the intergovernmental and non-governmental organs, legal experts and specialists in the problems of children and teenagers. The discussion was part of a series of debates addressing topics such as "Children in Armed Conflicts", "The Role of the Family in the Promotion of the Rights of the Child", "The Protection of Children against Economic Exploitation", and "The Situation of the Girl- child". The Committee's annual report will contain the outcome of the debate, in particular its recommendations which will help the Committee examine the application of the Convention in administering justice for minors.
The Committee decided that during its thirteenth session, to be held in Geneva between September and October 1996, it will dedicate a day to a general debate on the theme "Sexual Exploitation of Children and Sexual Abuse against Children". Non-governmental organizations and United Nations institutions interested in the issue are invited to contribute to the debate.
On the occasion of its next session (8-26 January) in Geneva, the Committee will examine the initial reports presented by Yemen, the Republic of Korea, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iceland, Mongolia, Croatia and Finland.
Observations on States Parties' Reports
In its final recommendations on the report of Italy, the Committee welcomed the legislative and administrative measures adopted by the Italian Government since the Convention came into force, in order to promote and
protect the rights of the child. It welcomed the fact that the Convention had been directly applied by some Italian tribunals, and that the international instruments prevailed over Italian national legislation. Further, the Committee welcomed the setting up of diverse institutions and mechanisms for the protection and supervision of the rights of the child. Nevertheless, it advised Italy to install a permanent national mechanism for the coordination and supervision of the Convention's implementation by State organs, including central, regional and local authorities.
The Committee also recommended that the Government collaborate more closely with non-governmental organizations working with children. It encouraged Italy to adopt a more systematic approach in order to make elements of the Convention known not only to children but to grown-ups. It believed Italy should adopt new measures to prevent the rise of discriminatory attitudes and prejudices towards particularly vulnerable groups of children, like poor children, children from the southern part of the country, gypsy children, and foreign children.
In other recommendations, the Committee said the State party should create a favourable environment for the best possible development of those children, notably by supporting disadvantaged families, so as to prevent children's illegal work, delinquency, and the criminal exploitation of children. In addition, the Committee found that the effort put forth by Italy in the social sector was insufficient. Also, the legislation should be modified to guarantee equality of treatment of children born in non-married households. And the State party should clearly prohibit torture and corporal punishment within the family.
Concerning the report of Ukraine, the Committee praised the establishment of mechanisms for defence of the child's rights, notably the Parliamentary Commission created to that end. It welcomed the major efforts by the Government in legislative reform, particularly for integrating the rights of the child into the Constitution and the promotion and protection of children's rights in the Family and Penal Codes. The Experts expressed their satisfaction with the Parliament's adoption of national programmes aimed at the application of children's rights, as well as at creating a voluntary fund to support children under the auspices of the Parliamentary Commission. The Committee took note of the difficulties encountered by Ukraine during this period of social change and economic crisis, and recognized the catastrophic impact of Chernobyl on the well-being of Ukrainian children. It recommended that Ukraine continue to follow this process of legislative reform.
The Committee also expressed its concern with measures and programmes to effect the Convention's provisions, in particular regarding non-discrimination towards girls. It recommended that Ukraine consider the creation of an ombudsman for children or any independent body for receiving complaints and assuming an oversight role. Moreover, measures should be taken
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to prevent the rise of discriminatory attitudes towards minority children, children living in rural districts, gypsy children and children suffering from AIDS. The Committee said it regretted that appropriate measures had not been taken to prevent poor treatment in institutions where children were placed. The Committee said it was equally concerned with the gravity of the situation where domestic violence occurred against children. The problem of sexual exploitation also merited more attention from the authorities. Particular attention should be paid to the prevention of juvenile delinquency, protection of children deprived of their liberty and the independence and impartiality of juvenile judges.
In its final recommendations on the report of Germany, the Committee welcomed the considerations being given to incorporate the Convention into the Constitution, and encouraged Germany to continue its ongoing efforts to accord constitutional status to the Convention. The Committee suggested that Germany give further consideration to establishing a permanent, effective coordination mechanism for the rights of the child at the central, land and local levels, as well as developing a system for evaluating and monitoring all areas covered by the Convention. The Committee was encouraged by Germany's commitment to fostering closer cooperation and dialogue with non-governmental organizations and children's groups involved in monitoring and implementing children's rights. Other recommendations included developing a comprehensive, systematic strategy for disseminating information and creating awareness of the rights of children, as well as preparing educational materials.
Acknowledging Germany's strong commitment to providing structural assistance to third countries -- namely, in Central and Eastern Europe, the Committee nevertheless encouraged the State party to achieve a 0.7 per cent target for overseas development assistance to developing countries, as well as debt conversion and "debt pardon/forgiveness". Furthermore, the Committee encouraged Germany to pursue its efforts towards eradicating all violence against children, as well as changing attitudes within the family concerning the use of corporal punishment. In that context, it encouraged the State party to continue an ongoing process of reforming the Civil Code, including consideration of an absolute ban on corporal punishment. While noting that additional resources had been allocated for dealing with problems arising from poverty, such as improving poorer children's access to out-of-school activities, the Committee said it believed analysis of the occurrence of child poverty deserved further attention. The Committee also urged Germany to undertake more comprehensive research on the possible effects of environmental pollution on child health and on the issue of asylum-seeking children. Finally, it expressed the hope that the State party would remove possible indeterminate sentencing on juveniles from the juvenile justice system.
In its final observations and recommendations on the report of Senegal, the Committee praised the fact that the norms of international law on human rights prevailed over Senegal's internal legislation. It encouraged Senegal
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to pursue its efforts in promoting children's rights particularly to make the Convention better known in rural areas and to ensure that a translation is available in all the national languages.
The Committee on the Rights of the Child, further, encouraged Senegal to improve systematic training of professionals working with children and to develop a permanent, multidisciplinary, coordinating mechanism to evaluate the progress achieved. It also suggested that measures be taken to improve the capacity to collect data in all areas covered by the Convention, and special attention should be paid to the more vulnerable groups, in particular the poor children, the girl-child, domestic servants, and the "Talibés". Measures should be taken to ensure that the definition of a child is in conformity with the Convention, particularly concerning an equal age of marriage for boys and girls, the minimum age for criminal responsibility, and an equal age of completion of compulsory education and the minimum age for access to employment. A system enabling children whose rights have been violated to file procedural complaints, should be installed.
Regarding Portugal's report, the Committee welcomed the political commitments taken by the new Government of that country to implement all provisions and principles of the Convention as well as its intention to increase the budget for education and the expansion of the pre-schooling network.
The Committee was concerned at the absence of an efficient mechanism to coordinate and monitor data on children and said Portugal should cooperate more extensively with non-governmental organizations. The principle of non-discrimination should be fully implemented and measures taken to improve the situation of the most vulnerable groups, in particular the girl-child, disabled children and illegal immigrant children. Portugal should take the necessary measures to prevent violence against children or corporal punishment, including within the family. Furthermore, measures should be taken in favour of the street children. Regarding juvenile justice, the Committee recommends that Portugal consider alternatives to the institutionalization of juvenile delinquents.
Finally, regarding the report of the Holy See, the Committee noted the particular nature of this State party and welcomed the efforts it had undertaken to encourage the universal ratification of the Convention. The Committee underlined the important role which the Holy See occupied in implementing the objectives of the Convention and in that context noted the institutional and structural network created by the Holy See for the well-being of children. The Committee welcomed the efforts of the Holy See to disseminate and translate the Convention and encouraged it to pursue those efforts.
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The Committee expressed its concern at the reservations entered by the Holy See, particularly those concerning full recognition of the child as a subject of rights, and encouraged it to lift its reservations. It also stated its concern at discrimination between children arising in Catholic schools and institutions, in particular with regard to gender, and at the lack of attention to the development of preventive health care, guidance for parents and family planning education and services in the light of the Convention.
Also, the Committee encouraged the Holy See to include the Convention in the curricula of Catholic schools and to ensure that the spirit of the Convention was reflected through the teaching methods used in those schools. It recalled that parental rights and prerogatives must not undermine the established rights of the child in the Convention.
Composition of Committee on Rights of Child
The Committee is composed of 10 experts of "high moral standards and possessing acknowledged abilities" in the area targeted by the Convention, and serving in a personal capacity. They are elected by States parties for a four-year mandate, in accordance with the necessity to guarantee a fair geographic representation, and with regard to the principal judicial systems in the world.
The expert members of the Committee are: Hoda Badran of Egypt; Judith Karp of Israel; Akila Belembaogo of Burkina Faso; Flora Eufemio of the Philippines; Thomas Hammarberg of Sweden; Youri Kolosov of Russian Federation; Sandra Mason of Barbados; Swithun Mombeshora of Zimbabwe; Marta Santos Pais of Portugal; and Marilia Sardenberg of Brazil.
Committee's Officers
The Committee is chaired by Akila Belembaogo. The Vice-Chairmen are Ms. Eufemio, Ms. Sardenberg and Mr. Hammarberg. Ms. Santos Pais is the Rapporteur.
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