COMMITTEE ON RIGHTS OF CHILD CONCLUDES SIXTEENTH SESSION GENEVA, 22 SEPTEMBER - 10 OCTOBER

13 October 1997

Press Release
HR/4339

COMMITTEE ON RIGHTS OF CHILD CONCLUDES SIXTEENTH SESSION GENEVA, 22 SEPTEMBER - 10 OCTOBER

19971013 Committee Issues Recommendations On Reports of Lao People's Democratic Republic, Australia, Uganda, Czech Republic, Trinidad and Tobago and Togo

GENEVA, 10 October (UN Information Service) -- The Committee on the Rights of the Child adjourned this morning its sixteenth three-week session by issuing conclusions and recommendations on reports submitted to it by six countries.

The Lao People's Democratic Republic, Australia, Uganda, Czech Republic, Trinidad and Tobago, and Togo, in keeping with their obligations as States parties to the Convention on the Rights of the Child, presented to the Committee over the course of the session written summaries on their efforts to help and protect children. The countries also sent government delegations to answer questions and hear the opinions of the Committee's 10 experts.

The Committee, in formal conclusions, recommended, among other things, that the Government of the Lao People's Democratic Republic initiate a comprehensive review of existing laws with a view to undertaking adequate reforms to ensure full conformity of its legislation with the Convention; and that the State party envisage acceding to the two International Covenants on Civil and Political Rights and on Social, Economic and Cultural Rights.

The Committee called for further steps to be taken by Australia to raise the standards of health and education of disadvantaged groups, particularly the Aboriginal, Torres Strait Islanders, new migrants, and children living in rural and remote areas; it also urged the Government to carry out further research to identify the causes of the spread of homelessness, particularly among young persons and children.

It urged the Government of Uganda to strengthen its information and prevention programmes to combat HIV/AIDS, particularly concerning the transmission of HIV/AIDS and sexually transmitted diseases to children. It also recommended that special attention be given to the problems of ill-treatment and abuse, including sexual abuse of children within the family and corporal punishment in schools.

The Committee urged the Czech Republic to undertake major efforts to develop awareness raising campaigns to reduce discriminatory practices against the Roma population. It recommended the creation of programmes on reproductive health measures designed to reduce teenage pregnancies and strengthen its information and prevention programmes to combat HIV/AIDS and sexually transmittable diseases.

The Committee recommended that corporal punishment be prohibited by law in Trinidad and Tobago and that efforts be further strengthened to prevent and combat ill-treatment and sexual abuse of children, within and outside the family.

It also recommended that the Government of Togo undertake appropriate measures to prevent and combat all forms of prevailing discriminatory attitudes against girls and children with disabilities, and that it strengthen its information and prevention programmes to combat HIV/AIDS.

During the session, the Committee held a day of general discussion on children with disabilities in which a large number of representatives of United Nations specialized agencies, non-governmental organizations and individual experts participated and expressed support for a common strategy for inclusive education for children with disabilities.

On the basis of the discussion, the Committee recommended, among other things, that it commit itself to highlighting the situation of children with disabilities and the need for concrete measures to ensure recognition of their rights; that there was a need for States to actively challenge attitudes and practices which discriminated against disabled children and denied them equal opportunities to rights guaranteed by the Convention; and that discriminating practices against children with disabilities included infanticide, traditional practices prejudicial to health and development, superstition, and perception of disability as tragedy.

In view of the various contributions made in the general discussion and the importance of the issues raised, the Committee decided to create a working group on the rights of children with disabilities, which included its members, representatives of relevant United Nations bodies and agencies and non-governmental organizations. The group is to consider further the various recommendations made and to elaborate on a plan of action to facilitate the concrete implementation of the proposals. The Committee decided to further discuss the question of the mandate, composition and activities of the working group at its next session.

At its next session, from 5-23 January 1998, the Committee is scheduled to review reports from the Maldives, Micronesia, Iran, Libya, Democratic People's Republic of Korea and Sierra Leone.

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Conclusions and recommendations on Country Reports

The Committee noted positive factors in the report of Lao People's Democratic Republic, especially the political will of the State to promote and protect the rights of the child, and its efforts to develop and implement a socio-economic development programme for the year 2000. The Committee welcomed the adoption of the "Education for All" action plan and the project on integrated education for disabled children. It also praised the Government's efforts in the area of immunization and combatting iodine deficiency.

It expressed concern, among other things, that the Government had taken insufficient measures to ensure the full enjoyment by all children of the rights recognized in the Convention on the Rights of the Child, in particular in relation to access to education and health services.

The Committee recommended, among other things, that:

-- the Government initiate a comprehensive review of existing legislation with a view to undertaking adequate legislative reform to ensure full conformity of its legislation to the Convention;

-- the State party envisage acceding to the two International Covenants on Civil and Political Rights and on Social, Economic and Cultural Rights;

-- the Government develop a social workers system to improve the general framework for the protection of children from all forms of abuse, neglect and exploitation;

-- a more active approach be taken to eliminate discrimination against girls, children belonging to minorities, and children born out of wedlock;

-- appropriate measures be adopted, including awareness raising among parents and communities, on the negative effects of early marriage on children;

-- the legislation on adoption be brought into conformity with the provisions of the Convention;

-- the Government consider seeking further technical assistance to continue to strengthen its efforts to make primary health care accessible to all children; and

-- legal reform be pursued in the field of administration of juvenile justice and that the Convention be taken fully into account.

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Among positive developments noted in the report of Australia, the Committee welcomed the intention of the Government to ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

Concern was cited, among other things, about the absence of a comprehensive policy for children at the Federal level; about the lack of prohibition in some local legislation on the use of corporal punishment; and about the continued practice of female genital mutilation among some communities.

Among the recommendations of the Committee were that:

-- the Government review its reservation to article 37c of the Convention on the Rights of the Child which allows for exemptions from the need to separate children deprived of their liberty from adults when that was in the best interest of the child;

-- it allocate special funds in its international cooperation programmes and schemes for children;

-- appropriate measures be taken with the aim of prohibiting corporal punishment in private schools and at home;

-- awareness raising campaigns on the Convention be conducted;

-- a specific minimum age be set for employment of children at the level of State and territory governments;

-- legislation and policy reform be introduced to guarantee that children of asylum seekers and refugees were reunified with their parents in a speedy manner;

-- the Government review its legislation and make paid home maternity leave mandatory in all sectors;

-- further steps be taken to raise the standards of health and education of disadvantaged groups, particularly the Aboriginal, Torres Strait Islanders, new migrants, and children living in rural and remote areas;

-- the Government carry out further research to identify the causes of the spread of homelessness, particularly among young persons and children; and

-- the age of criminal responsibility be raised.

Among positive developments noted in the report of Uganda were the

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establishment of the National Council of Children and the adoption of the Uganda National Plan of Action for Children; the promulgation of a new Constitution and the Children's Statute which incorporated specific provisions relating to children's rights; and the ratification of the African Charter on the Rights and Welfare of the Child.

Factors and difficulties impeding the implementation of the Convention in Uganda included the severe political, economic and social difficulties which had

a negative impact on children. Concern was cited, among other things, about the insufficient measures taken by the State to harmonize national legislation with the principles and provisions of the Convention.

The Committee recommended, among other things, that:

-- further steps be taken to strengthen the National Children's Council and encourage coordination between various government bodies;

-- national legislation in the field of children's rights be harmonized and made fully compatible with the Convention;

-- the Government review the system of data collection and analysis and identify appropriate desegregated indicators with the view of addressing all areas of the Convention;

-- greater efforts be made to ensure that the provisions of the Convention were widely known and understood by both adults and children;

-- priority be given in budget allocations to the realization of the economic, social and cultural rights of children;

-- the Government strengthen its information and prevention programmes to combat HIV/AIDS, particularly concerning the prevention of the transmission of HIV/AIDS and sexually transmitted diseases to children;

-- special attention be given to the problems of ill-treatment and abuse, including sexual abuse of children within the family and corporal punishment in schools;

-- the State undertake a comprehensive reform of the system of juvenile justice in the spirit of the Convention; and

-- the Government give specific attention to monitoring the full implementation of labour laws in order to protect children from being economically exploited.

The Committee cited among positive aspects in the report of the Czech

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Republic the proposed law on social and legal protection of children and the proposed amendments to existing legislation including the law on the family, the criminal code and the code of criminal procedures.

The Committee expressed its concern, among other things, about inadequate measures being taken to prevent and combat all forms of discriminatory practices against children belonging to minorities. These children should be ensured full access to health, education and other social services.

The Committee recommended, among other things, that:

-- the Government pursue its consideration of the establishment of an independent mechanism to monitor observance of children's rights, such as an Ombudsman or a national commission for children's rights;

-- priority attention be given to the identification of appropriate desegregated indicators with the view of addressing all areas of the Convention;

-- further efforts be made to ensure that national laws conform fully with the Convention;

-- consideration be given to incorporating the Convention in the curricula of all educational institutions, and appropriate measures be taken to facilitate access by children to information on their rights;

-- major efforts be undertaken to develop awareness raising campaigns to reduce discriminatory practices against the Roma population;

-- plans be envisaged on reproductive health measures designed to reduce teenage pregnancies and strengthen information and prevention programmes to combat HIV/AIDS and sexually transmittable diseases;

-- further measures be undertaken to protect children from abuse and maltreatment; and

-- the Government envisage to ratify the International Labour Organization Convention 138 on minimum age for access to employment.

The Committee cited among positive aspects of the report of Trinidad and Tobago the establishment of a National Plan of Action Inter-Ministerial Committee, and the National Family Services Division within the Ministry of Consumer Affairs and Social Services to monitor children at risk.

It noted, among areas of concern, the use of corporal punishment within the family, at school and in care institutions, as well as the absence of a law that clearly prohibited the use of both mental and physical torture or

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other cruel, inhuman or degrading treatment or punishment against children.

The Committee recommended, among other things, that:

-- national legislation be harmonized and made fully compatible with the principles of the Convention;

-- coordination be strengthened between the various governmental mechanisms involved in children's rights;

-- greater efforts be made to ensure that the provisions of the Convention were widely known and understood by both adults and children;

-- appropriate measures be taken to protect children from harmful information, including in the audio-visual media;

-- efforts be further strengthened to prevent and combat ill-treatment and sexual abuse of children, within and outside the family;

-- corporal punishment within the family, at school or in care institutions be prohibited by law;

-- the Government consider ratifying the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption;

-- efforts be strengthened in efficiently monitoring the institutions of alternative care, as well as develop appropriate training for the staff of those institutions; and

-- adolescent health be further promoted by strengthening reproductive health education and services to prevent and combat HIV/AIDS;

Among positive developments noted in the report of Togo were the adoption of a new Constitution which included provisions that promoted and protected human rights, and the establishment of a National Human Rights Commission and a Ministry of Human Rights and Rehabilitation.

The main difficulty impeding the implementation of the Convention was that Togo, as one of the least developed countries in the world, had a large part of its population living below the poverty level.

The Committee expressed its concern, among other things, about the lack of sufficient awareness on the principles and provisions of the Convention among adults and children alike.

It recommended, among other things, that:

-- the Government initiate a comprehensive study on the compatibility of

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national legislation with the Convention with a view to engage in a reform process concerning children's rights;

-- coordination be strengthened among the various governmental bodies and mechanisms involved in children's rights;

-- priority be given in budget allocations to the realization of the economic, social and cultural rights of children, particularly the most disadvantaged;

-- appropriate measures be taken to fully harmonize the legal minimum age with the principles of the Convention;

-- appropriate measures be undertaken to prevent and combat all forms of prevailing discriminatory attitudes against girls and children with disabilities;

-- the Government launch a systematic information campaign on the Convention;

-- special efforts be developed to guarantee an effective system of birth registration;

-- corporal punishment be explicitly prohibited by law;

-- appropriate measures be taken to promote and guarantee the right of the child to freedom of expression at home, in school, in other institutions and in society; and

-- the Government strengthen its information and prevention programmes to combat HIV/AIDS and sexually transmissible diseases as well as discriminatory practices toward children affected or infected by HIV/AIDS.

Convention on the Rights of the 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. 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.

The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.

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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.

Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; 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 18; no child under 15 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.

A conference of States parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.

States Parties to Convention

With the addition of Cook Islands, the number of States parties which have ratified or acceded to the Convention has reached 191. The countries are as follows: 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, Cook Islands, Costa Rica,Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, 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, Kazakhstan, Kenya, Kiribati, Kuwait,

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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, Niue, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania,

Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

Committee Membership

The Convention requires that the members of the Committee have a 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: Francesco Paolo Fulci (Italy), Judith Karp (Israel), Youri Kolosov (Russian Federation), Sandra P. Mason (Barbados), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa), Awa N'deye Ouedraogo (Burkina Faso), Lisbet Palme (Sweden), Ghassan Salim Rabah (Lebanon) and Marilia Sardenberg Zelner Gonçalves (Brazil).

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