Round-up of Session

COMMITTEE ON RIGHTS OF CHILD CONCLUDES THIRTY-SECOND SESSION

Adopts Conclusions on Reports of Estonia, Italy,

Republic of Korea, Romania, Viet Nam, Czech Republic, Haiti, Iceland

(Reissued as received.)

GENEVA, 31 January (UN Information Service) -- The Committee on the Rights of the Child concluded today its thirty-second session, having considered reports from eight States parties on efforts to comply with the Convention on the Rights of the Child.  And as the Convention's monitoring body, the Committee offered this morning its recommendations for improving the situation of children in Estonia, Republic of Korea, Italy, Romania, Viet Nam, Czech Republic, Haiti and Iceland.

The conclusions and recommendations were contained in the Committee's

final report for the three-week session, which was adopted today by the panel's  10 independent experts. 

Responding to the report of Estonia, the Committee welcomed the adoption of new legislation, the introduction of comprehensive health-care insurance, and the establishment of a meals programme and a school-milk campaign.  It said it was concerned, among other things, that the stateless situation of some parents, who by virtue of their status were unable to participate fully in Estonian society, would negatively impact on their children's integration into society.  Among the Committee's recommendations were that Estonia reduce the number of stateless children; that it improve the situation of non-citizens; and that it ensure that all children residing on its territory enjoyed all rights under the Convention.

After considering the report of the Republic of Korea, the Committee said it welcomed legislation enacted to implement further the Convention, in particular, a 1997 Special Act for Punishment of Domestic Violence and an act to criminalize persons involved in the purchase of sexual services from those under 19 years of age.  It said it was concerned that societal discrimination against disabled children was widespread and prevented those children from enjoying their rights to "a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation".  It recommended, among other things, that effective measures be taken to combat such attitudes.

In response to the report of Italy, the Committee welcomed the establishment of a special Parliamentarian Commission on Children and of a National Observatory on Children, and the setting up of a National Documentation and Analysis Centre for Children and Adolescents.  However, it said it was deeply concerned about allegations of ill-treatment by law enforcement officers of children and at the

prevalence of abuse, in particular, against foreign and Roma children.  It recommended, among other things, that Italy incorporate the crime of torture or other cruel, inhuman or degrading treatment or punishment into national criminal law.

The Committee welcomed the adoption by Romania of new legislation and other efforts to counter discrimination, but said it was concerned that the principle of non-discrimination was not fully implemented for all children in all parts of the country.  It reiterated its previous recommendations that measures be taken to effectively address discriminatory attitudes.  The Committee also said it was concerned at a high number of allegations of children being ill-treated and tortured by law-enforcement officials, and regretted that the majority of those allegations had not been effectively investigated.  It recommended that Government investigate all allegations of ill-treatment of children.

In response to the report of Viet Nam, the Committee welcomed government efforts to support and facilitate children's participation and to improve the coordination and implementation of child rights policies.  It noted with concern that children in the country were subject to various forms of violence and ill-treatment, including child abuse, neglect, and corporal punishment.  It recommended, among other things, that all appropriate measures be taken, including legislative reform, to establish a national system for receiving and monitoring complaints of child abuse and neglect.  And it called for an explicit prohibition of corporal punishment in homes, schools and other institutions.

After reviewing the situation in the Czech Republic, the Committee welcomed amendments to existing legislation and the enactment of new legislation, among other things, to strengthen protections against trafficking and commercial sexual exploitation of children; and it said it was encouraged by a decline in infant mortality rates.  It said it remained concerned at a high rate of accidents, including injuries, poisoning and traffic accidents affecting children.  It recommended, among other things, that the country expand efforts to raise awareness about accident prevention and that it carry out public information campaigns on the subject.

Among positive aspects to the report of Haiti, the Committee cited adoption of a 2001 law prohibiting the use of corporal punishment within the family and in schools; and the establishment of a National Committee for the Education of Girls to enhance school enrolment.  It said it was deeply concerned at a high number of under-age children involved in labour who were working long hours at a young age, noting that the situation had a negative effect on their development and school attendance.  It recommended among other things that Haiti strengthen the implementation of its labour laws and increase its ranks of labour inspectors.

And in response to the report of Iceland, the Committee welcomed the news that several structures had been set up through which children could make their views known, including a "YouthNet" Parliament.  The Committee said it was concerned that children might not be sufficiently provided the opportunity to have input directly into policies that affect them.  Among its recommendations were that Iceland strengthen support for the YouthNet Parliament, including through the provision of adequate resources.

During its winter session, which began 13 January, the Committee also held a discussion with representatives of States parties to the Convention on Committee methods of work and on issues pertaining to the expansion of Committee membership from 10 to 18 Experts.  The expansion will take effect next session.

The Committee's next session will be from 19 May to 6 June.  Scheduled for consideration are reports of Eritrea, Cyprus, Zimbabwe, Sri Lanka, Solomon Islands, Libya, Jamaica, Morocco, Syria and Kazakhstan.

Conclusions and Recommendations on Country Reports

Estonia

Following review of the country's initial report, the Committee welcomed the adoption of new legislation, such as Estonia's Juvenile Sanctions Act of 1999, its Social Benefits for Disabled Persons Act of 1999, and its new Penal Code of 2002; its system of family benefits and child allowances supporting parents and children; its programme "Integration in Estonian Society 2000-2007"; its introduction of comprehensive health-care insurance; and its school meals programme and school milk campaign, among other measures.

The Committee cited concerned over the absence of a rights-based comprehensive plan of action for all children; and recommended that the State party develop such a plan aiming at full implementation of the Convention.  It also noted concern that discriminatory attitudes against minorities, such as the Russian-speaking community and other disadvantaged groups, directly or indirectly, might restrict the rights guaranteed under the Convention to children belonging to those groups.  It recommended that Estonia take effective measures to ensure that all children enjoyed all the rights set out in the Convention without discrimination.

The Committee said it was concerned that the situation of stateless parents, who by virtue of their status were unable to participate fully in Estonian society, would have a negative impact on their children's integration into society; and said it was concerned that under article 21 of the Law on Citizenship, children of former military and security service personnel and their spouses and families might be denied citizenship.  It recommended that Estonia reduce the number of stateless children; improve the situation of non-citizens; and ensure that all children residing on the territory of Estonia enjoyed all rights under the Convention.

The Committee recommended, among other things, that Estonia undertake a comprehensive study of the institutionalization of children; that it promote the family as the best environment for the child; that it ensure that children in institutions enjoyed all the rights laid down in the Convention; that it establish effective mechanisms for soliciting, receiving and considering complaints from children in institutions; and that it establish a comprehensive national policy and guidelines governing foster care and adoption.

The Committee welcomed inclusion of the Convention in the Estonian school curriculum, and said it appreciated the acknowledgment by the Government that there were challenges facing the enjoyment of the right to education.  It encouraged Estonia to study the causes of high repetition, dropout and non-attendance rates and to take effective steps to address these problems.

Republic of Korea

After consideration of the second periodic report of the Republic of Korea, the Committee welcomed legislation enacted to further implement the Convention, in particular the country's Special Act for Punishment of Domestic Violence of 1997, which addressed investigation and reporting of child abuse; and Korea's Juvenile Protection Act of 2000, which criminalized persons involved in the purchase of sexual services from persons under age 19.  The Committee also welcomed the establishment of a National Commission on Human Rights in 2001.

The Committee cited concerned that the general principles enshrined in the Convention were not fully reflected in legislation, policies and programmes at national and local levels.  It recommended that the Republic of Korea appropriately integrate the general principles of the Convention stipulated in articles 2, 6, and 12 and apply them in all political, judicial and administrative decisions.  It further recommended that the Government enact legislation explicitly prohibiting discrimination covering all grounds included in article 2 of the Convention.

The Committee said it was concerned at limitations on students' freedom of expression and association due to strict administrative control of student councils, and at school regulations that limited or prohibited outside political activities of students at elementary and secondary schools.  The Committee recommended that South Korea amend legislation to facilitate children's active participation in decision-making processes and political activities. 

The Committee expressed concern at a high number of divorced and single parents, primarily mothers, who did not receive child maintenance payments to which they were legally entitled.  Citing article 27 of the Convention and the principle of the best interest of the child, the Committee recommended that the Government take effective measures to enforce child-maintenance obligations based on court orders.

The Committee said it was concerned that societal discrimination against children with disabilities was widespread and prevented those children from enjoying their rights to "a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation".  In particular, it expressed concern at reports that a significant number of children with disabilities were abandoned each year, that many could not attend school, and that when they did attend school they were segregated from other students.

The Committee noted its concern that juveniles accused of violating the law and subject to protective disposition might be deprived of their liberty without undergoing criminal procedures and without having access to legal assistance.  It recommended, among other things, that the Republic of Korea ensure the full implementation of juvenile-justice standards, in particular articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice.

Italy

Following consideration of a second periodic report of Italy, the Committee, among other things, welcomed the establishment of a special Parliamentarian Commission on Children and of a National Observatory on Children; the setting up of a National Documentation and Analysis Centre for Children and Adolescents; the widespread inclusion of children with disabilities into mainstream schools; and the adoption of the country's Law 269/98 against the exploitation of prostitution, pornography, and sexual tourism to the detriment of children.

The Committee said it regretted that some of the concerns it had expressed and recommendations it had made following review of Italy's initial report had not been sufficiently addressed, such as its recommendation for better coordination in the implementation of the Convention; for further steps to ensure non-discrimination; and for greater measures to prevent the ill-treatment of children.  Reiterating its concerns, the Committee urged Italy to make every effort to address previous recommendations that had not been implemented.

The Committee welcomed a step taken by the Constitutional Court to make the best interest of the child a constitutional principle, but said it remained concerned that the general principle of the best interest of the child was not fully applied and duly integrated into the policies and programmes of the State.  It recommended that Italy take all appropriate measures to ensure that the principle was applied in practice.

The Committee said it was deeply concerned about allegations of ill-treatment of children by law-enforcement officers and at the prevalence of abuse, in particular of foreign and Roma children; it recommended, among other things, that Italy incorporate the crime of torture or other cruel, inhuman or degrading treatment or punishment into criminal law; and that it systematically train the police and carabiniere forces, as well as the professional staff of detention centres on the human rights of children.

The Committee welcomed the adoption of Italy's Charter of the Rights of the Child in Hospital and took note of the dramatic decrease in deaths of children resulting from road traffic accidents and the decrease in the rate of HIV/AIDS infections among children.  It recommended that Italy take proactive measures to facilitate access to health services for all children and that it encourage parents to seek the health services which were available for all children.

The Committee expressed concern at what it said was a high prevalence of child labour in Italy.  It recommended that Italy develop a comprehensive strategy containing specific and well targeted goals to prevent and eliminate child labour.

While noting efforts undertaken to improve the situation of Roma children, the Committee said it remained concerned over the difficult social situation of such children and over their insufficient access to education and health services.  It recommended that preventive programmes and policies be developed so that Roma children fully enjoyed their rights.

Viet Nam

Responding to the second periodic report of Viet Nam, the Committee welcomed national efforts to support and facilitate children's participation and to improve the coordination and implementation of child rights policies; noted the enactment of a 1994 Government Decree to establish the Viet Nam Committee for Protection and Care of Children, which was merged into the Committee on Population, Family and Children; and welcomed the development of specific child rights indicators, among other things.

The Committee regretted that some of the concerns and recommendations it had made upon consideration of the State party's initial report had not been insufficiently addressed, particularly those regarding mitigation of the negative impact of economic reforms on vulnerable groups, reform of the juvenile justice system, and dissemination of information on the Convention among ethnic minorities.  It urged the Government to make every effort to address those recommendations.

The Committee noted with concern that domestic legislation did not specifically prohibit discrimination based on all the grounds listed under article 2 of the Convention; in particular, it did not explicitly prohibit discrimination against children with disabilities.  The Committee recommended that Viet Nam amend domestic legislation to ensure that it would correspond fully with all of the provisions of Convention article 2.

The Committee said it was concerned that children in Viet Nam were subject to various forms of violence and ill-treatment, including child abuse, neglect, and corporal punishment; it recommended that all appropriate measures be taken, including legislative reform, to establish a national system for receiving and monitoring complaints of child abuse and neglect, and that cases be prosecuted when necessary in a child-sensitive manner.  It recommended an explicit prohibition of corporal punishment in the home, the schools and all other institutions.

The Committee noted with appreciation the extremely high rate of immunization coverage in the country; but while the maternal mortality rate was declining, the Committee said it was nevertheless concerned at persistently high rates of maternal mortality, infant mortality and under-five mortality, as well as over high rates of malnutrition in children, the frequency of anemia among pregnant women, and the low proportion of women who breastfed their children.  The Committee recommended that Viet Nam strengthen the implementation of its National Nutrition Strategy and take all appropriate measures to prevent the spread of communicable disease, specifically typhoid and cholera.

While noting national efforts to achieve universal enrolment at the primary school level, the Committee said it was concerned that there were significant gaps in access to and quality of education between urban and rural or mountainous regions, and said it was concerned that the school system still suffered from shortages of well-trained teachers and adequate educational materials.  It recommended that Viet Nam take all appropriate measures to increase school enrolment and to ensure the right to equal, free primary education for all children.

Czech Republic

In the second periodic report of the Czech Republic, the Committee welcomed amendments to existing legislation and enactment of new legislation, among other things to strengthen protections against trafficking and commercial sexual exploitation of children.  The Committee noted the country's very good maternal benefits, including satisfactory maternity leave, and excellent health indicators.

The Committee regretted that some of its recommendations in previous concluding observations had not been sufficiently addressed, and urged the State party to make every effort to address those recommendations.  It noted that many positive steps had been taken to bring legislation into conformity with the Convention but said it remained concerned at the lengthy process of legislative reform necessary for making laws fully compatible with the Convention.

The Committee welcomed steps taken by the Ministry of Education, Youth and Sports against expressions of racism, xenophobia and intolerance, and it noted numerous initiatives to counter discrimination in education, in particular against children belonging to the Roma minority.  However, it said it was concerned that the provisions of article 2 of the Convention were not yet integrated into all relevant legislation and thus not sufficiently implemented.  It recommended that the Government continue and strengthen its legislative efforts to fully integrate the right to non-discrimination into all relevant legislation concerning children.

The Committee said it was encouraged by a decline in infant mortality rates but remained concerned at a high rate of accidents, including injuries, poisoning and traffic accidents affecting children.  It said it was also concerned that the rate of suicides was relatively high despite a declining trend.  The Committee recommended further efforts to raise awareness about accident prevention and recommended that public information campaigns be carried out on the subject.

The Committee said it was concerned that there was no legislation explicitly prohibiting corporal punishment, and concerned that such punishment was practiced in the family, in schools and in other public institutions, including alternative-care facilities.  It recommended action to address ill-treatment and abuse of children.

The Committee said it was deeply concerned that the current economic situation in the health sector did not allow for compulsory preventive medical check-ups for children.  It recommended urgently that the Government define sustainable financial mechanisms for the primary health care system and that it undertake comprehensive research on the possible effects of environmental pollution on the health of children.

Romania

In its response to the second periodic report of Romania, the Committee welcomed the enactment of new legislation and the adoption of various national strategies and programmes; the ratification of the two Optional Protocols to the Convention; the ratification of International Labour Office Convention No. 182 on the elimination of the worst forms of child labour; and that of the 1993 Hague Convention on inter-country adoption.

While welcoming the adoption of new legislation and other efforts to counter discrimination, the Committee said it was concerned that the principle of non-discrimination was not fully implemented for all children in all parts of the country.  It reiterated its previous recommendation that measures be taken to effectively address discriminatory attitudes.

The Committee said it was concerned at a high number of allegations of children being ill-treated and tortured by law enforcement officials, and regretted that the majority of those allegations were not effectively investigated.  It recommended that Romania investigate all such allegations.

The Committee said it was encouraged by the adoption of a National Strategy for the health sector in 2001 and by the aims of the Strategy.  However, it said it was deeply concerned by the poor quality and inaccessibility of primary health care services, a high level of infant mortality, and a high rate of morbidity as a result of accidents, including traffic accidents.  It recommended that Romania strengthen its efforts to implement its National Strategy for the health sector through an adequate and sustainable allocation of resources.

The Committee noted the establishment in 2001 of a national task force on human trafficking and the adoption of a national plan of action on trafficking; however, it said it was concerned that Romania continued to be a country of origin, transit and to a lesser extent of destination for trafficked children.  It recommended that the Government accelerate and ensure sufficient resources for the effective implementation of the National Action Plan for Combating Sexual Exploitation of Children for Commercial Reasons.

Haiti

Among positive aspects to the initial report of Haiti, the Committee welcomed the adoption of a 2001 Law prohibiting the use of corporal punishment within the family or in schools; and the establishment of the National Committee for the Education of Girls to enhance the school enrolment.

The Committee noted that discrimination was prohibited under the Constitution but said it remained concerned by the persistence of discriminatory legal rules regarding children born out of wedlock, children from poor families and children with disabilities.  It recommended that Haiti adopt effective legal measures to stop discrimination against such children.

The Committee said it was particularly concerned at a high number of children who were separated from their parents.  It recommended that the Government ensure that a child should not be separated from his or her parents against his or her will, unless it was in the best interest of the child.

The Committee said it was also concerned at a high incidence of violence against and abuse of children within the family, including sexual abuse, and at a high rate of neglect of children.  It recommended that Haiti assess the scope, nature and causes of violence against children.

While welcoming efforts taken in the area of basic health and welfare, the Committee recommended that Haiti reinforce its efforts to allocate appropriate resources and that it develop and implement comprehensive policies and programmes to improve the health of children.

The Committee said it was deeply concerned at a high number of under-age children involved in labour who were working long hours at young age, something that had a negative effect on their development and school attendance.  It recommended that the Government strengthen the implementation of its labour laws and increase the number of labour inspectors.

The Committee said as well that it was deeply concerned at a high incidence of trafficking of children from Haiti to the Dominican Republic; and that such children, once they were separated from their families, were forced to beg or to work in the Dominican Republic.  It recommended that the Government take all necessary measures to prevent the trafficking of Haitian children.

Iceland

In its responses to the second periodic report of Iceland, the Committee noted with appreciation the follow-up measures taken by the Government to the Committee's previous recommendations.  It welcomed Iceland's ratification of the two Optional Protocols to the Convention; its adoption of a 2002 Child Protection Act; its establishment of a Centre for Child Health; and its adoption of a National Health Plan.

Noting the growing number of people in Iceland of foreign origin, the Committee welcomed efforts by the country to address their needs; however, it said it was concerned that further efforts were necessary to proactively address issues of racism that might arise result from a growing number of immigrants.  It recommended that Iceland guarantee all children within its jurisdiction all the rights contained in the Convention.

The Committee welcomed the information that several structures had been set up in Iceland through which children could make their views known, including the "YouthNet" Parliament.  But the Committee said it was concerned that children might not be provided with sufficient opportunity to have input directly into policies that affected them.  It recommended that Iceland strengthen its support for the YouthNet Parliament, including through the adequate provision of resources.

The Committee noted with appreciation Iceland's adoption of anti-bullying campaigns in many schools, as well as the inclusion of school courses in life skills.  However, it said was concerned at high dropout rates among immigrant children, particularly at the secondary level.  It recommended that the Iceland strengthen its measures to address the problem.

The Committee welcomed news of a newly adopted law on child pornography and of a Government study on the extent of child prostitution.  Nevertheless, it said it was concerned at the rather low age for sexual consent (14 years).  It recommended that the necessary measures be taken to implement promptly the recommendations contained in the Government report on the topic.

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 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.

In May 2000, the General Assembly adopted by consensus the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.  The Optional Protocols have entered into force.

Committee Members

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:  Ibrahim Abdul Aziz Al-Sheddi (Saudi Arabia), Ghalia Mohd Bin Hamad Al-Thani (Qatar), Jacob Egbert Doek (Netherlands), Saisuree Chutikul (Thailand), Luigi Citarella (Italy), Judith Karp (Israel), Moushira Khattab (Egypt), Awa N'Deye Ouedraogo (Burkina Faso), Marilia Sardenberg (Brazil), and Elizabeth Tigerstedt-Tahtela (Finland).

The Chairperson is Mr. Doek.  Vice-Chairpersons are Mrs. Ouedraogo, and

Mrs. Sardenberg.  Mrs. Karp is Rapporteur.