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HR/4410

COMMITTEE ON RIGHTS OF CHILD TO HOLD TWENTY-FIRST SESSION AT GENEVA FROM 17 MAY TO 4 JUNE

12 May 1999


Press Release
HR/4410


COMMITTEE ON RIGHTS OF CHILD TO HOLD TWENTY-FIRST SESSION AT GENEVA FROM 17 MAY TO 4 JUNE

19990512 Background Release Experts to Examine Reports of Barbados, St. Kitts and Nevis, Honduras, Benin, Chad, Nicaragua

(Reissued as received.)

GENEVA, 12 May (UN Information Service) -- The promotion and protection of children's rights in Barbados, St. Kitts and Nevis, Honduras, Benin, Chad, and Nicaragua will be at the top of the agenda as the Committee on the Rights of the Child holds its twenty-first session at the Palais des Nations at Geneva from 17 May to 4 June.

Honduras and Nicaragua will be presenting their first periodic reports to the Committee while the other countries will be presenting their initial reports.

The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, the most complete statement of children's rights ever made and the first to give these rights the force of international law. The countries scheduled to come before the Committee at this session are among the 191 States to have ratified or acceded to the Convention, a number that makes the treaty the most widely accepted human rights instrument ever. Only the United States and Somalia have not ratified the treaty. These State parties to the Convention are expected to send representatives to the Committee to present and defend reports on how they give effect to children's rights.

During its three-week session, the Committee may pursue the elaboration of general comments based on the various principles and provisions of the Convention. It is expected to pursue its discussion on ways and areas in which existing cooperation with various relevant bodies could be further strengthened to enhance the promotion and protection of the rights of the child. The panel will also discuss the organization of its future work, as well as the procedure to be followed in the consideration of reports by State

parties and their follow-up, including where necessary areas identified for technical assistance.

The Committee is composed of 10 independent experts, although State parties have adopted an amendment to the Convention that would increase the membership to 18 in order to enable the Committee to face a rapidly growing workload. The amendment will enter into force upon its acceptance by a two-thirds majority of State parties.

The first task of the Committee will be for the newly elected experts to make a solemn declaration. The Committee then has to chose a new Chairman and Vice-Chairmen.

Observations on Last Reports Submitted by Honduras and Nicaragua

In its observations and recommendations issued in October 1994 on the initial report of Honduras, the Committee recommended that the State party install mechanisms to monitor the implementation of the rights of the child. It also suggested that the Government undertake efforts to make the principles and provisions of the Convention more widely known to adults and children, alike. The Committee noted as a positive aspect that the State party acknowledged the problems facing the country and applauded the legislative reforms envisaged, particularly the Minor's Code and the proposal to make military service voluntary and to ensure admittance to the military did not happen before the juvenile turned 18. The Committee said it was concerned that about 60 percent of the population was under 18, and that it was unsure if the resources available to implement the provisions of the Convention were sufficient to ensure adequate progress.

Concerning the initial report of Nicaragua, considered in May 1995, the Committee agreed with the State party's assertion that social and economic development, in addition to legislative reforms, were necessary to improve the situation of children there. Particularly, the Committee praised the possibility of amending the Constitution to grant the Convention Constitutional status. The Committee, however, was concerned that the traditional cultural attitudes in the country toward children and their role in the family and society might contribute to hampering the implementation of the Convention. It appeared, the Committee noted, that children, as a subject of rights, did not seem to be fully reflected in legislative and other measures in the State party, which could be a hindrance to them enjoying their fundamental rights as recognized in the Convention.

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. The Convention makes States which accept it legally accountable for

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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.

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; 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 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 State 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.

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 State parties to serve in their personal capacity, have been elected to the Committee: Jacob Doek (Netherlands), Amina El Guindi (Egypt), Francesco Paolo Fulci (Italy), Judith Karp (Israel), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South

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Africa), Awa N'deye Ouedraogo (Burkina Faso), Ghassan Salim Rabah (Lebanon), Marilia Sardenberg Gonçalves (Brazil), and Elizabeth Tigerstedt-Tähtalä (Finland).

Mr. Rabah is the Committee's Acting Chairman. A new Chairman and Vice- Chairmen will be elected at the first meeting.

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For information media. Not an official record.