COMMITTEE ON RIGHTS OF CHILD CONCLUDES ELEVENTH SESSION AT GENEVA, 8 - 26 JANUARY
Press Release
HR/4289
COMMITTEE ON RIGHTS OF CHILD CONCLUDES ELEVENTH SESSION AT GENEVA, 8 - 26 JANUARY
19960129 Adopts Observations on Seven StatesGENEVA, 26 January (UN Information Service) -- The Committee on the Rights of the Child concluded its eleventh session at Geneva this morning by adopting observations on the implementation of the Convention on the Rights of the Child in seven States.
Charged with monitoring the implementation of the Convention to which 186 States parties are now signatories, the Committee identified many positive steps taken to improve the condition of children in Yemen, Mongolia, Federal Republic of Yugoslavia (Serbia and Montenegro), Iceland, Republic of Korea, Croatia and Finland. However, it also found areas in which there was room for improvement.
Only six countries remained until universal ratification of the Convention on the Rights of the Child was achieved. The Convention had broken all records as the most widely accepted human rights treaty in history with the ratification by 186 States parties. No other international covenant had been ratified so swiftly - in only six years - by so many countries.
The only six countries in the world that had yet to ratify were Switzerland, United States, Oman, Saudi Arabia, United Arab Emirates and Somalia. Switzerland and the United States had already signed the Convention, indicating their intention to ratify it. Brunei Darussalam and Andorra were the last two countries to become States parties.
During its current session, the Committee examined the report of the Federal Republic of Yugoslavia (Serbia and Montenegro), in the absence of its representatives. In a letter dated 3 January, the Government reiterated its position not to participate because of the decision on suspending its legitimate rights to participate in the meetings of States parties to the Convention.
The Committee urged the Governments of the Federal Republic of Yugoslavia (Serbia and Montenegro) and Yemen to submit to it progress reports before the end of 1997, on how they were implementing the provisions of the Convention as well as the Committee's recommendations.
Before concluding its eleventh session, the Committee adopted its report, to be submitted to the General Assembly later this year. It also decided to send one of its members to participate in the forthcoming United Nations Conference on Human Settlement (Habitat II) to be held in Istanbul.
The next session of the Committee will be take place from 20 May to 7 June, when it is expected to examine the reports of Lebanon, Cyprus, Guatemala China, Nepal and Zimbabwe.
Observations on Implementation of Convention
Following the examination of reports from the States parties that appeared before it at this session, the Committee drew up its observations regarding the implementation of the Convention.
With regard to Yemen, the Committee noted the persistence of certain traditions and customs which were contrary to the principles and provisions of the Convention. It also noted the serious political, economic and social challenges which had adversely affected the situation of children.
The Committee recommended that Yemen pursue its efforts with a view to ensuring the prohibition of discrimination, the best interest of the child and respect for the views of the child. It encouraged the State to pay special attention to enhancing the role of the family in the promotion of children's rights, and stressed the importance of the status of women in family and social life. Moreover, the Committee recommended that Yemen ensure specific training activities on the Convention to professional groups working with and for children. It also recommended that the Government establish a permanent and multi-disciplinary mechanism for the coordination and monitoring of the implementation of the Convention.
The Committee further recommended that special protection measures be adopted and implemented in relation to refugee children, children involved with the juvenile justice system, working children and children forced to live in the streets, including child beggars.
In the case of Mongolia, the Committee took note with satisfaction that the Government had put children high on its political agenda, during a difficult period of political and economic transition. It also noted that the situation of many children had worsened as a consequence of growing poverty and increasing unemployment.
The Committee was worried about the impact on children of the difficult economic situation prevailing in that country. It expressed concern that Mongolia had not yet fully taken into account in its legislation the general principles of the Convention. Sufficient steps had not been taken to ensure birth registration of children and thereby children living in remote areas might
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be deprived of their fundamental rights. The Committee was further worried by the high rate of school drop-outs, especially among boys living in rural areas, and the reported increase of child labour. It was also concerned that appropriate measures had not been taken to effectively prevent and combat ill-treatment of children within the family and about the insufficient information existing on that matter.
The Committee recommended that Mongolia take further steps to establish a multi-disciplinary monitoring mechanism to assess the progress achieved and difficulties encountered in the realization of the rights recognized by the Convention. It also recommended that periodic training programmes on the rights of the child be organized for professional groups working with or for children. Concerning the administration of juvenile justice, the Committee recommended that legal reform be pursued and take fully into account the provisions of the Convention. Particular attention should be paid to the prevention of juvenile delinquency, the protection of the rights of children deprived of liberty, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system and full independence and impartiality of the juvenile judiciary.
As to the Federal Republic of Yugoslavia (Serbia and Montenegro), the Committee expressed concern about the situation of Albanian-speaking children in Kosovo; drew serious attention to the problems threatening the health-care system which had involved the large-scale dismissal of health personnel; and the abuse of children and teachers by the police. The Committee was deeply concerned about the existing lack of pluralism in the activities of the major mass media, limiting the freedom of the child to receive information and also the freedom of thought and conscience. The Committee was further concerned that the problem of statelessness had not been resolved.
The Committee strongly recommended that a solution be found to its concerns for the situation of Albanian-speaking children in Kosovo. It also recommended the securing and maintenance of broader and more diverse sources of information designed for children, including through their broadcasting on the mass media, as that would assist in securing further implementation of the principles and provisions of the Convention. In the case of alleged violations of human rights committed by groups or individuals, the Committee emphasized the responsibility of the authorities to undertake measures to protect children from such acts. It was also the Committee's opinion that those accused of abuses should be tried and, when found guilty, punished.
With regard to the prevention and combating of various forms of exploitation, the Committee wished to receive further information on the functioning of the labour inspectorate system and the provision of sanctions for non-compliance with the requirements of the labour legislation. Furthermore, the State should consider the possibility of reviewing its legislation in relation to the age of sexual consent in light of the concerns raised on that matter by
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the Committee. It was also of the view that serious consideration be given to the possibility of the allocation of further resources for prevention of sexual abuse and exploitation and rehabilitation programmes.
As to the report of Iceland, the Committee welcomed the establishment of the Office of Children's Ombudsman and its role to disseminate information on the rights of the child. With regard to the high number of accidents whose victims were children in Iceland, the Committee welcomed the establishment of the Accident Prevention Council in 1994.
However, the Committee was concerned about the disparities of the budget allocations in the field of child protection and welfare between different administrative regions, which might lead to discrimination between children living in different areas. Sufficient measures had not been taken to prevent children from being alone at home during their parents' long working hours.
The Committee recommended that steps be taken to have all the substantive provisions of the Convention reflected in national laws, so that the full protection of the rights enshrined in the Convention would be ensured. It also recommended that Iceland establish a mechanism to enhance the coordination of governmental policies as well as between central and local authorities in the field of children's rights. Furthermore, appropriate measures should be taken to counter the inequalities between men and women with regard to remuneration, since it might be detrimental to the child, particularly in homes headed by a single women. It also recommended a further review of the procedures with regard to custody or to the separation of the child from his or her parents, in order to ensure that the best interests of the child was always a primary consideration.
Concerning the Republic of Korea, the Committee welcomed the development of a National Plan of Action for children and its incorporation in the seventh Five-Year Social-Economic Development Plan for 1992-1996, as well as the recent establishment of the National Committee on the Rights of the Child.
However, the Committee was concerned at the insufficient measures adopted to ensure a permanent and effective coordinating and monitoring mechanism. It was also concerned that the basic principles of the Convention had not been adequately reflected in legislation, policies and programmes. The Committee noted with concern the persistent discriminatory attitudes affecting girls, including in relation to the minimum age for marriage, disabled children and children born out of wedlock.
The Committee recommended that the Government strengthen its efforts aimed at promoting advocacy and creating awareness and understanding of the principles and provisions of the Convention. It encouraged the Government to pursue its efforts in order to ensure full compliance of its national legislation with the
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Convention, including non-discrimination, best interests of the child and respect for the views of the child. In addition, the Republic of Korea was encouraged to give further consideration to the establishment of an ombudsman for children or any equivalent independent complaint and monitoring mechanism.
It also considered that greater efforts should be made to promote the participation of children in family, school and social life, as well as the effective enjoyment of their fundamental freedoms provided by the law and which were necessary in a democratic society. In the area of child abuse and domestic violence, the Committee recommended that the State adopt further measures to prevent such situations, and to protect and ensure appropriate physical recovery and social reintegration of affected children.
In the case of Croatia, the Committee welcomed the efforts pursued by the Government, in cooperation with non-governmental organizations, with the view to raising public awareness on the rights of the child. It further welcomed the intentions of the Government to prosecute people who committed crimes against the civil population, including children, during and after "Operation Storm" in August 1995 in the Krajina area and to provide safe conditions for returnees.
However, the Committee was concerned by the absence of an integrated and systematic monitoring mechanism covering all areas of the Convention, and in relation to all groups of children, especially those affected by the consequences of the war and the economic transition.
The Committee recommended that the Government devote its full efforts to actively encourage a culture of tolerance through all possible channels, including the schools, the media and the law. The schools should teach children to be tolerant and to live in harmony with persons from different backgrounds. It recommended that the State take further steps such as the establishment of a permanent structure to improve policy formation and adoption of measures for the promotion and protection of children's rights.
In keeping with efforts to promote the process of national reconciliation and national dialogue, the Committee recommended that training programmes be organized for members of the army, police and judiciary on the provisions of the Convention. In addition, in the light of the best interest of the child, the Government should make special efforts to resolve the problem of property owners returning to their homes before current occupiers had been able to find alternative shelter.
With regard to Finland, the Committee noted the efforts of the Government in the field of law reform and the amendment of the Constitution in 1995 which had since included human rights and children's rights.
However, the Committee was worried about the impact on children of the difficult economic situation prevailing in the country, the budgetary cuts and
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the existing trends towards decentralization and privatization. It was also concerned that Finland had not yet fully taken into account in its legislation and its policies the general principles of the Convention. In addition, it was concerned about the absence of a global information and dissemination strategy of the Convention in the country.
The Committee recommended that Finland take further steps to strengthen the coordination between the different governmental mechanisms involved in human rights and children's rights. It also recommended that it strengthen its cooperation with non-governmental organizations, including in relation with the implementation of the Committee's recommendations. To reduce the current increase of negative feelings and racism against foreigners, the State party should take all necessary measures, including information campaigns in schools and in the society at large. The Government should take all appropriate measures to prevent institutionalizing mentally-ill children in the same facilities as adults.
In the process of reforming the Penal Code, the Committee strongly recommended that the possession of child pornography material and the purchase of sexual services from child prostitutes be made illegal. It also recommended that Finland take all appropriate measures to protect children from accessing sex telephone line services and from the risk of being sexually exploited by paedophiles.
Convention on Rights of Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. Unlike that document, the Convention makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.
It was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. Only seven months later, on 2 September 1990, the Convention entered into force after the twentieth State had ratified it.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.
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Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of eighteen; no child under fifteen should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.
The Convention also recognizes the crucial contribution that international cooperation can make to bringing about conditions in which children can fully enjoy their rights. Technical assistance or advice can be sought by States parties and transmitted by the Committee to the specialized agencies, the United Nations Children's Fund and other competent bodies.
States Parties to Convention
The following 186 States are parties to the Convention: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Georgia, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia and Lebanon.
Also, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Palau Islands, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint. Vincent and the Grenadines, Samoa, San Marino, Sao Tomé and Principe, Senegal,
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Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe.
Committee Membership, Officers
According to article 43 of the Convention, the qualities required of the 10 members of the Committee are high moral standing and recognized competence in the field of children's rights. The following experts, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Hoda Badran, of Egypt; Akila Belembaogo, of Burkina Faso; Flora Eufemio, of the Philippines; Thomas Hammarberg, of Sweden; Judith Karp, of Israel; Youri Kolosov, of the Russian Federation; Sandra P. Mason, of Barbados; Swithun Mombeshora, of Zimbabwe; Marta Santos Pais, of Portugal; and Marilia Sardenberg Zelner Gonçalves of Brazil.
The Committee's Officers are: Akila Belembaogo, Chairman; Thomas Hammarberg, Flora Eufemio and Marilia Sardenberg Zelner Gonçalves, Vice-Chairmen; and Marta Santos País, Rapporteur.
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