A/51/41
A/51/41
United Nations
Report of the Committee on the Rights
of the Child
General Assembly
Official Records • Fifty-first Session
Supplement No.41 (A/51/41)
A/51/41
Report of the Committee on the Rights of the Child
General Assembly
Official Records • Fifty-first Session
Supplement No.41 (A/51/41)
United Nations • New York, 1996
NOTE
Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
ISSN 1020-1823
[Original: English]
[18 June 1996]
CONTENTS
Chapter Paragraphs Page
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE
COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS SIXTH TO
ELEVENTH SESSIONS ................................................ 1
A. Informal regional meetings ................................... 1
B. Public information activities ................................ 2
C. Relations with other United Nations organs and
treaty bodies ................................................ 2
D. Advisory services and technical assistance ................... 8
II. ORGANIZATIONAL AND OTHER MATTERS ..................... 1 - 6 10
A. States parties to the Convention ................. 1 10
B. Sessions of the Committee ........................ 2 10
C. Membership and officers of the Committee ......... 3 - 5 10
D. Adoption of the report ........................... 6 11
III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE
CONVENTION ........................................... 7 - 1035 12
A. Submission of reports ............................ 7 12
B. Consideration of reports ......................... 8 - 1035 12
IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE .... 1036 - 1148 144
A. Methods of work .................................. 1036 - 1048 144
B. Public information activities and education on
children's rights ................................ 1049 - 1051 146
C. International cooperation and solidarity for the
implementation of the Convention ................. 1052 - 1075 146
D. General thematic discussions ..................... 1076 - 1148 150
Annexes
I. States that have ratified or acceded to the Convention on the
Rights of the Child as at 26 January 1996 ........................ 163
II. Membership of the Committee on the Rights of the Child ........... 168
III. Status of submission of reports by States parties under article 44
of the Convention on the Rights of the Child as at 26 January 1996 169
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE
COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS
SIXTH TO ELEVENTH SESSIONS
A. Informal regional meetings
Seventh session, recommendation 2
Informal regional meetings
The Committee on the Rights of the Child,
Reaffirming the decisive role regional meetings can play in promoting
greater awareness of the Convention on the Rights of the Child
and of the
work of the Committee, as well as providing the members of the Committee with a
deeper knowledge and better understanding of the realities of a given region,
Convinced of the relevance of these meetings for enhancing international cooperation and joint efforts between United Nations bodies, the specialized agencies and other competent bodies active in the field of the rights of the child,
Reiterating the importance of the participation in such meetings of non-governmental organizations active in the field of the rights of the child,
Recalling that the implementation of the Convention is a dynamic and continuous process, designed to ensure the realization of the fundamental rights of children and the progressive improvement of their situation,
Recognizing that informal regional meetings are of the greatest relevance to achieve universal ratification of the Convention, as well as its effective implementation, as recommended by the World Conference on Human Rights,
Welcoming the richness and diversity of the experiences gained in its visit to different African countries, in the course of its third regional informal meeting,
1. Reaffirms the decisive role of informal regional meetings in contributing to a wider promotion of the rights of the child;
2. Welcomes the possibility of continuing to hold informal regional meetings, as well as of undertaking future trips by some of its members to particular countries, with a view to encouraging universal ratification of the Convention, contributing to its effective implementation and, whenever appropriate, ensuring a follow-up to the consideration of a State party report by the Committee.
B. Public information activities
Sixth session, recommendation 1
Dissemination of information
The Committee on the Rights of the Child,
Recognizing the importance of the Convention on the Rights of the Child 1/ and the political commitment expressed towards its effective implementation by the unprecedented number of ratifications,
Recalling that the World Conference on Human Rights, in its final
document,
urged the universal ratification of the Convention by 1995 and its
effective implementation by States parties,
Recalling also the high expectations for the effective functioning of the Committee as an essential mechanism for the implementation of the Convention,
Recognizing the importance of promoting greater awareness of the principles and provisions of the Convention, as well as of its implementation system, including the activities developed by the Committee as a treaty monitoring body,
Decides to request the Secretary-General to ensure the translation of the reports of the Committee on each of its sessions into the official languages of the United Nations.
C. Relations with other United Nations organs and
treaty bodies
1. Children in armed conflicts
(a) Sixth session, recommendation 2
Cooperation with United Nations bodies - Children in
armed conflicts
The Committee on the Rights of the Child,
Recalling its general discussion on the topic "Children in armed conflicts" and the recommendations adopted thereon,
Taking into consideration the serious attention paid by the General Assembly and the Commission on Human Rights to this question and the important resolutions adopted in this field,
Encouraged by the support expressed by the World Conference on Human Rights to the Committee's proposal that the Secretary-General initiate a study of means of improving the protection of children in armed conflicts,
Taking note of the request addressed to it by the World Conference on Human Rights to study the question of raising the minimum age of recruitment into the armed forces,
Having submitted to the Commission on Human Rights at its fiftieth session
the preliminary draft optional protocol the Committee had prepared on this issue
at its third session,
1. Welcomes the decision of the Commission on Human Rights to establish an open-ended working group to elaborate as a matter of priority a draft optional protocol to the Convention on the Rights of the Child 1/ and to use as a basis for its discussions the preliminary draft submitted by the Committee on the Rights of the Child;
2. Decides to submit, in the light of the invitation addressed to it by the Secretary-General, its comments on this important issue, for consideration by the working group;
3. Also decides to prepare such comments in the light of the thematic general discussion it had previously held on the question of "Children in armed conflicts" and to make available to the working group the relevant chapters of its reports on this same issue.
(b) Seventh session, recommendation 1
The Committee on the Rights of the Child,
Recalling its general discussion on the topic "Children in armed conflicts" and the recommendations adopted thereon,
Taking into consideration the attention paid by the General Assembly and the Commission on Human Rights to this question,
Recalling the decision of the Commission on Human Rights
to establish a
working group to elaborate a draft optional protocol to the Convention on the
Rights of the Child 1/ on the involvement of children in armed conflicts, and to
use as a basis for its discussions the preliminary draft submitted by the
Committee,
Recalling also the support expressed by the World Conference on Human Rights for the Committee's recommendation that a major study be initiated on the means of improving the protection of children in armed conflicts,
Taking into consideration General Assembly resolution 48/157 of 20 December 1993, in which the Assembly requested the Secretary-General to appoint an expert to undertake a comprehensive study of this question,
1. Welcomes the appointment of Mrs. Graça Machel as the expert entrusted with the task of carrying out this study;
2. Also welcomes the opportunity of meeting Mrs. Machel and exchange views with her on the main areas to be covered by the study;
3. Decides to cooperate closely with Mrs. Machel in the preparation of this major study.
2. Sixth session, recommendation 3
Sale of children, child prostitution and child pornography
The Committee on the Rights of the Child,
Recalling its general discussion on "Economic exploitation of children" and the recommendations adopted thereon,
Having considered the attention paid by the General Assembly and the Commission on Human Rights to the question of the sale of children, child prostitution and child pornography and the resolutions adopted by them in this field,
Taking note of the adoption by the Commission on Human Rights of resolution
1994/90 of 9 March 1994 entitled "Need to adopt effective international measures
for the prevention and eradication of the sale of children, child prostitution
and child pornography",
Encouraged that the Commission on Human Rights in its resolution recognized the essential value of the Convention on the Rights of the Child 1/ and its effective implementation system at the national and international levels as an essential means to prevent and combat situations of sale of children, child prostitution and child pornography,
Encouraged also by the appeal to all States made in the resolution to adopt the necessary measures to eradicate more effectively the practices of the sale of children, child prostitution and child pornography,
Recalling the consideration given by the Committee to General Assembly
resolution 48/156 of 20 December 1993 on the same issue, as reflected in the
report of the Committee at its fifth session,
Recalling also the importance it attaches to ensuring close cooperation with the Special Rapporteur on the sale of children, child prostitution and child pornography and to the various meetings held with him to exchange views on matters of common concern,
1. Takes note of the decision of the Commission on Human Rights 5/ to establish an open-ended working group responsible for elaborating, as a matter of priority, in close cooperation with the Special Rapporteur and the Committee on the Rights of the Child, guidelines for a possible draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as the basic measures needed for their prevention and eradication;
2. Decides to submit, in the light of the invitation addressed to it by the Secretary-General, its comments on guidelines for a possible draft optional protocol for consideration by the working group;
3. Also decides to prepare such comments in the light of the thematic general discussion held on "Economic exploitation of children" and to make available to the working group the relevant chapters of its reports on this issue, in order to ensure that due consideration is given by the working group to the recommendations included therein;
4. Reaffirms the important framework established by the Convention to deal with situations of the sale of children, child prostitution and child pornography, and in particular in order to improve the system of prevention, as well as the protection and rehabilitation of children, at the national, bilateral and multilateral levels;
5. Recalls that the World Conference on Human Rights in the Vienna Declaration and Programme of Action 2/ called upon States to integrate the Convention into their national action plans;
6. Stresses the decisive political commitment expressed by an unprecedented number of States to the effective implementation of the Convention;
7. Reaffirms that States parties should adopt all appropriate measures to ensure and respect the rights recognized in the Convention to each child without discrimination of any kind, the best interests of the child being their primary consideration and due weight being given to the views expressed by the child;
8. Stresses that the child affected by situations of sale, prostitution and pornography should be considered mainly as a victim and that all measures adopted should ensure full respect for his or her human dignity, as well as special protection and support within the family and society;
9. Encourages the working group, within the framework of its mandate, to consider the holistic approach of the Convention to the fundamental rights of the children, as a continuous source of inspiration;
10. Expresses the hope that the activities developed by the Committee, in particular in the field of the sale of children, child prostitution and child pornography, will be given due weight by the working group.
3. Participation and contribution to the Fourth World
Conference on Women: Action for Equality,
Development and Peace
(a) Eighth session, recommendation
The Committee on the Rights of the Child,
Recognizing the importance of maintaining effective communication and meaningful dialogue with United Nations bodies active in the field of human rights in general and children's rights in particular,
Considering the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,
Recalling its previous decision to be represented at, and actively contribute to, the preparatory process of the Fourth World Conference on Women: Action for Equality, Development and Peace, to take place at Beijing in September 1995,
Encouraged by the richness of the debate held at its eighth session during its thematic day of general discussion on the girl child,
Reaffirming the importance of the Convention on the Rights of the Child 1/ and of its implementation process in decisively improving the situation of girls around the world and ensuring the full realization of their fundamental rights,
Recalling that, as stressed by the World Conference on Human Rights, the human rights of women and the girl child are an inalienable, integral and indivisible part of human rights,
Recalling also that the Convention on the Rights of the Child and the
Convention on the Elimination of All Forms of Discrimination against Women
have a complementary and mutually reinforcing nature, and recommending that they
should be an essential framework for a forward-looking strategy to promote and
protect the fundamental rights of girls and women and decisively to eradicate
inequality and discrimination,
1. Reaffirms its decision to participate in the Fourth World Conference on Women: Action for Equality, Development and Peace, to take place at Beijing in September 1995, and requests the Secretariat to adopt all necessary measures to allow for such participation;
2. Decides to transmit the content of the general discussion on the girl child, as reflected in the report of its eighth session, to the secretariat of the Fourth World Conference on Women;
3. Requests that the platform for action for the Conference reflect throughout its different chapters the situation and the fundamental rights of the girl child, namely in the areas specifically addressed during the general discussion of the Committee, as reflected in the report of its eighth session;
4. Also requests that the Committee be clearly considered as an essential mechanism within the framework of the international machinery that will be entrusted with the task of monitoring and periodically reviewing the implementation of the platform for action.
(b) Ninth session, recommendation
The Committee on the Rights of the Child,
Reaffirming the importance it attaches to maintaining effective cooperation and meaningful dialogue with United Nations bodies active in the field of human rights in general and children's rights in particular,
Recognizing the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,
Recalling that, as stressed by the World Conference on Human Rights, the human rights of women and the girl child are an inalienable, integral and indivisible part of human rights, and should be integrated into the mainstream of United Nations system-wide activity and regularly and systematically addressed throughout the relevant United Nations organs and mechanisms,
Recalling also that the Convention on the Rights of the Child 1/ and the Convention on the Elimination of All Forms of Discrimination against Women 7/ have a complementary and mutually reinforcing nature, and that they constitute an essential framework for a forward-looking strategy to promote and protect the fundamental rights of girls and women and decisively to eradicate inequality and discrimination,
1. Reiterates its decision to be represented at, and actively contribute to, the Fourth World Conference on Women: Action for Equality, Development and Peace;
2. Decides to be represented by two of its members and urges the Secretariat to adopt all necessary measures to ensure their participation;
3. Also decides to continue to follow closely the drafting process of the platform for action with a view to ensuring that the situation and the fundamental rights of the girl child are clearly reflected throughout the document and adequately addressed in the relevant separate chapter included therein;
4. Reaffirms the importance of also including the Committee as an essential mechanism within the framework of the international machinery to be entrusted with the task of monitoring and periodically reviewing the implementation of the platform for action.
4. United Nations Conference on Human Settlements
(Habitat II)
Eleventh session, recommendation
The Committee on the Rights of the Child,
Reaffirming the importance it attaches to maintaining effective cooperation and meaningful dialogue with United Nations bodies active in the field of human rights and in areas of importance to the realization of children's rights,
Recognizing the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,
Stressing the importance of ensuring the involvement of the Committee in the United Nations Conference on Human Settlements (Habitat II) and in its preparatory process,
Recalling the importance of the right to housing as an illustration of the indivisibility and interdependence of children's human rights,
1. Welcomes the participation of the Committee in the Expert Group Meeting on the Human Right to Adequate Housing, organized by the Centre for Human Rights and the United Nations Centre for Human Settlements (Habitat) as well as the attention paid by the Meeting to the specific situation of children;
2. Also welcomes the decision of the United Nations Children's Fund to organize, in cooperation with the United Nations Centre for Human Settlements (Habitat), an expert seminar on children's rights, housing and neighbourhood, which will take as a basic reference the principles and provisions of the Convention on the Rights of the Child; 1/
3. Decides to be represented by one of its members and urges the Secretariat to adopt all necessary measures to ensure such participation;
4. Also decides to submit a written contribution to the United Nations Conference on Human Settlements (Habitat II) and to follow closely the drafting process of the Habitat agenda with a view to ensuring that the situation and the fundamental right to an adequate housing of children are clearly reflected in the document;
5. Stresses the importance of ensuring the participation of a joint delegation of human rights treaty bodies in the Conference as a means to reinforce the human rights component in the deliberations of and follow-up to the Conference.
D. Advisory services and technical assistance
Seventh session, recommendation 3
Advisory services and technical assistance
The Committee on the Rights of the Child,
Recognizing the decisive role of the programme of advisory services and technical assistance of the Centre for Human Rights in the promotion of human rights in general and children's rights in particular,
Recognizing also that, as stressed by the World Conference on Human Rights, such assistance should be made available on specific human rights issues, as in the case of the preparation of reports under human rights treaties, for the implementation of coherent and comprehensive plans of action for the promotion and protection of human rights or with a view to strengthening an independent administration of justice, in the light of applicable human rights standards adopted by the United Nations,
Recalling the importance it has systematically attached, in the light of article 45 of the Convention on the Rights of the Child, 1/ to the areas of technical advice or assistance designed to promote a growing awareness and a more effective implementation of this international instrument,
Reaffirming the importance of identifying specific areas where technical advice or assistance programmes would seem appropriate, following the consideration of a State party report, as well as of ensuring a system of periodic evaluation and follow-up to such programmes,
1. Reaffirms its willingness to continue to cooperate with the Centre for Human Rights, other relevant bodies within the United Nations system as well as other competent bodies, including non-governmental organizations;
2. Welcomes the invitation addressed by the Commission on Human Rights to human rights bodies, including the Committee, to indicate in their recommendations proposals for specific projects to be realized under the programme of technical assistance and advisory services of the Centre for Human Rights, such as the organization of seminars and training courses and the drafting of basic legal texts in conformity with international conventions on human rights;
3. Decides to continue identifying the main areas where technical advice or assistance would seem appropriate to foster the implementation of the Convention on the Rights of the Child and to indicate them in the preliminary or concluding observations adopted following the consideration of States parties reports;
4. Also decides to bring the recommendations it may adopt in this regard to the consideration of the concerned bodies, including United Nations organs, the specialized agencies and other competent bodies, as well as to the programme of technical assistance and advisory services of the Centre for Human Rights.
II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 26 January 1996, the closing date of the eleventh session of the Committee on the Rights of the Child, there were 187 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.
B. Sessions of the Committee
2. The Committee has held six sessions since the adoption of its previous biennial report. The reports of the Committee on its sixth (special), seventh, eighth, tenth and eleventh sessions are contained in documents CRC/C/29, CRC/C/34, CRC/C/38, CRC/C/43, CRC/C/46 and CRC/C/50, respectively.
C. Membership and officers of the Committee
3. In accordance with article 43 of the Convention, the Fifth Meeting of the States Parties to the Convention was convened on 21 February 1995 at United Nations Headquarters. The following five members of the Committee were elected for a term of four years beginning on 28 February 1995: Mrs. Akila Belembaogo, Mr. Thomas Hammarberg, Mrs. Judith Karp, Mr. Youri Kolosov and Ms. Sandra Prunella Mason. The list of the members of the Committee, together with an indication of the duration of their term of office, appears in annex II to the present report.
4. The officers elected by the Committee at its fourth session continued to hold office at the sixth, seventh and eighth sessions. They were Mrs. Hoda Badran (Egypt), Chairperson; Mrs. Akila Belembaogo (Burkina Faso), Mr. Thomas Hammarberg (Sweden) and Ms. Sandra Prunella Mason (Barbados), Vice-Chairpersons; and Mrs. Marta Santos Pais (Portugal), Rapporteur.
5. At its 211th meeting, on 22 May 1995, the Committee elected the following officers for a term of two years in accordance with rule 16 of its provisional rules of procedure:
Chairperson: Mrs. Akila Belembaogo (Burkina Faso)
Vice-Chairpersons: Mrs. Flora C. Eufemio (Philippines)
Mr. Thomas Hammarberg (Sweden)
Mrs. Marilia Sardenberg (Brazil)
Rapporteur: Mrs. Marta Santos Pais (Portugal)
D. Adoption of the report
6. At its 287th meeting, on 26 January 1996, the Committee considered the draft of its third biennial report, covering its activities at the sixth to eleventh sessions. The report was adopted unanimously by the Committee.
III. REPORTS BY STATES PARTIES UNDER ARTICLE 44
OF THE CONVENTION
A. Submission of reports
7. The status of submission of reports by States parties under article 44 of the Convention as at 26 January 1966, the closing date of the eleventh session of the Committee, appears in annex III to the present report.
B. Consideration of reports
8. During its sixth to eleventh sessions, the Committee considered the initial reports of Argentina, Belgium, Burkina Faso, Canada, Chile, Colombia, Croatia, Denmark, Finland, France, Germany, Holy See, Honduras, Iceland, Indonesia, Italy, Jamaica, Jordan, Madagascar, Mongolia, Nicaragua, Norway, Pakistan, Paraguay, Philippines, Poland, Portugal, Republic of Korea, Senegal, Spain, Sri Lanka, Tunisia, Ukraine, United Kingdom of Great Britain and Northern Ireland, Yemen and Yugoslavia.
9. The following section, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of reports at its sixth to eleventh sessions, contains concluding observations reflecting the main points of the discussion and indicating, where necessary, issues that would require a specific follow-up.
10. More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.
1. Concluding observations: Pakistan
11. The Committee considered the initial report of Pakistan (CRC/C/3/Add.13) at its 132nd to 134th meetings (CRC/C/SR.132-134), on 5 and 6 April 1994, and adopted, at its 156th meeting, on 22 April 1994, the following concluding observations.
(a) Introduction
12. The Committee notes the State party's early ratification of the Convention on the Rights of the Child and its role as one of the six initiators of the World Summit for Children in 1990, which was essential to the promotion and protection of children's rights.
13. The Committee welcomes the fact that written responses were provided to the questions raised by the Committee before the session. It regrets that the State party report was not prepared in accordance with the guidelines on reporting.
14. On the basis of information provided in the initial report and from the dialogue ensuing from its consideration, the Committee feels that existing legislative and other measures are not sufficient to ensure the implementation of the Convention. At the same time, the Committee takes note of the statements made by the State party representative that further efforts will be made to address problems raised by the Committee. In view of this, the Committee requests that a progress report be submitted before the end of 1996.
(b) Positive factors
15. The Committee welcomes the fact that a national conference was organized in December 1991 to discuss priority areas of surviv