UNITED NATIONS		CRC
	Convention on the Rights of the Child	Distr. GENERAL   CRC/C/108 23 July 2001   Original:  ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty-seventh session

21 May-8 June 2001

Report on the twenty-seventh session

(Geneva, 21 May-8 June 2001)

GE.01-43817  (E)    210901

CONTENTS

Chapter                                                                                                            Paragraphs       Page

       I.       ORGANIZATIONAL AND OTHER MATTERS ...............................           1 - 20              5

                A.       States parties to the Convention ................................................           1 - 3                5

                B.        Opening and duration of the session .............................................             4                   5

                C.       Membership and attendance ......................................................           5 - 8                5

                D.       Solemn declaration ......................................................................             9                   6

                E.        Election of officers ......................................................................             10                 6

                F.        Agenda .......................................................................................             11                 7

                G.       Meeting with the United Nations High Commissioner

                           for Human Rights ....................................................................         12 - 15              7

                H.       Pre-sessional working group ...................................................         16 - 18              8

                I.         Organization of work ..................................................................             19                 8

                J.         Future regular meetings ...............................................................             20                 9

      II.       REPORTS BY STATES PARTIES UNDER ARTICLE 44

                OF THE CONVENTION .................................................................         21 - 532            9

                A.       Submission of reports ..............................................................         21 - 32              9

                B.        Consideration of reports ..........................................................         33 - 532          10

                           Concluding observations:  Denmark .........................................         33 - 80            10

                           Concluding observations:  Turkey ............................................         81 - 149          18

                           Concluding observations:  Democratic Republic

                           of the Congo .........................................................................       150 - 227          31

                           Concluding observations:  Guatemala .....................................       228 - 287          47

                           Concluding observations:  Côte d'Ivoire ................................       288 - 352          59

CONTENTS (continued)

Chapter                                                                                                            Paragraphs       Page

                           Concluding observations:  United Republic

                           of Tanzania ...........................................................................       353 - 422          71

                           Concluding observations:  Bhutan ..........................................       423 - 487          85

                           Concluding observations:  Monaco ........................................       488 - 532          97

    III.       INTER-SESSIONAL ACTIVITIES OF THE

                COMMITTEE ................................................................................       533 - 538        103

    IV.       COOPERATION WITH UNITED NATIONS AND

                OTHER COMPETENT BODIES ...................................................       539 - 554        104

     V.       GENERAL COMMENTS .....................................................................             555           107

    VI.       DRAFT PROVISIONAL AGENDA FOR THE

                TWENTY-EIGHTH SESSION .............................................................             556           107

   VII.       ADOPTION OF THE REPORT ...........................................................             557           108

Annexes

       I.       States which have ratified or acceded to the Convention on the

                Rights of the Child as at 12 July 2001 ...................................................................... 109

      II.       States which have signed or ratified the Optional Protocol to the

                Convention on the Rights of the Child on the involvement of

                children in armed conflict as at 12 July 2001 ............................................................ 115

    III.       States which have signed or ratified the Optional Protocol to the

                Convention on the Rights of the Child on the sale of children,

                child prostitution and child pornography as at 12 July 2001 ...................................... 118

    IV.       Membership of the Committee on the Rights of the Child .......................................... 121

     V.       Status of submission of reports by States parties under article 44

                of the Convention on the Rights of the Child as at 12 July 2001 ................................ 122

    VI.       List of initial and second periodic reports considered by the Committee

                on the Rights of the Child as at 12 July 2001 ............................................................ 138

   VII.       Provisional list of reports scheduled for consideration at the

                Committee's twenty-eighth and twenty-ninth sessions ............................................... 146

CONTENTS (continued)

Chapter                                                                                                            Paragraphs       Page

  VIII.       Statement of the Committee on the Rights of the Child to the

                twenty-fifth special session of the General Assembly for an

                overall review and appraisal of the implementation of the

                outcome of the United Nations Conference on Human

                Settlements (Habitat II) ........................................................................................... 147

    IX.       Statement of the Committee on the Rights of the Child to the

                third session of the Preparatory Committee for the special session

                of the General Assembly on Children ....................................................................... 151

     X.       Committee on the Rights of the Child:  Statement to the Third Session

                of the Preparatory Committee for the World Conference against

                Racism, Racial Discrimination, Xenophobia and Related Intolerance ......................... 156

    XI.       List of documents issued for the twenty-seventh session

                of the Committee ..................................................................................................... 159

I.  ORGANIZATIONAL AND OTHER MATTERS

A.  States parties to the Convention

1.         As at 8 June 2001, the closing date of the twenty-seventh session of the Committee on the Rights of the Child, there were 191 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.

2.         As at 8 June 2001, the closing date of the twenty-seventh session of the Committee on the Rights of the Child, the Optional Protocol of the Convention on the Rights of the Child on the involvement of children in armed conflict had been ratified by 4 States parties and signed by 79 States.  As at the same date, the Optional Protocol of the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography had been ratified by 3 States parties and signed by 72 States.  The two Optional Protocols to the Convention were adopted by the General Assembly in resolution 54/263 of 25 May 2000 and opened for signature and ratification or accession in New York on 5 June 2000.  A list of States that have signed, ratified or acceded to the two Optional Protocols of the Convention are contained in annexes II and III to the present report.

3.         The texts of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C/2/Rev.8.

B.  Opening and duration of the session

4.         The Committee on the Rights of the Child held its twenty-seventh session at the United Nations Office at Geneva from 21 May to 8 June 2001.  The Committee held 24 meetings (698th-721st).  An account of the Committee's deliberations at its twenty-seventh session is contained in the relevant summary records (CRC/C/SR.698-703; 704-708; 711-718; and 721).

C.  Membership and attendance

5.         All the members of the Committee attended the twenty-seventh session.  A list of the members, together with an indication of the duration of their terms of office, is provided in annex III to the present report.  Amina Hamza El Guindi, was not able to attend the session in its entirety.

6.         The following United Nations bodies were represented at the session:  Office of the United Nations High Commissioner for Human Rights (OHCHR), United Nations Children's Fund (UNICEF), Office of the United Nations High Commissioner for Refugees (UNHCR).

7.         The following specialized agencies were also represented at the session:  International Labour Organization (ILO), World Health Organization (WHO).

8.         Representatives of the following non-governmental organizations were also in attendance at the session:

            General consultative status

            International Council of Women, International Movement ATD Fourth World,

            Zonta International.

            Special consultative status

Arab Organization for Human Rights, Amnesty International, Coalition against Trafficking in Women, Defence for Children International, International Commission of Jurists, International Confederation of Free Trade Unions, International Confederation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, World Federation of Methodist and Uniting Church Women, World Organization against Torture.  Amnesty International, NGO Working Group for Nutrition, International Baby Food Network (IFBAN).

            Others

            NGO Group for the Convention on the Rights of the Child.

D.  Solemn declaration

9.         At its 698th meeting, held on 21 May 2001, those members who were elected at the Eighth Meeting of States Parties made a solemn declaration in accordance with rule 15 of the provisional rules of procedure.  The re-elected member, Mrs. Sardenberg, also made her solemn declaration at the same meeting

E.  Election of officers

10.       At its 698th meeting, held on 21 May 2001, the Committee elected the following officers for a term of two years in accordance with rule 16 of the provisional rules of procedure:

Chairperson:                 Mr. Jacod Egbert Doek                        (Netherlands)

Vice-Chairpersons:       Mrs. Amina El Guindi               (Egypt)

                                    Mrs. Awa N'Deye Ouedraogo (Burkina Faso)

                                    Mrs. Marilia Sardenberg                       (Brazil)

Rapporteur:                  Mrs. Judith Karp                                  (Israel)

F.  Agenda

11.       At the 698th meeting, on 21 May 2001, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/106):

            1.         Adoption of the agenda.

            2.         Organizational matters.

            3.         Submission of reports by States parties.

            4.         Consideration of reports of States parties.

            5.         Cooperation with other United Nations bodies, specialized agencies and other

                        competent bodies.

            6.         Methods of work of the Committee.

            7.         General comments.

            8.         Future meetings.

            9.         Other matters.

G.  Meeting with the United Nations High Commissioner for Human Rights

12.       At the 704th meeting, held on 25 May 2001, the United Nations High Commissioner for Human Rights addressed the Committee.

13.       Mrs. Robinson informed the Committee about recent relevant developments in the field of human rights.  She recalled that the Commission on Human Rights, during its fifty‑seventh session, had adopted a resolution on the rights of the child in which it had noted with interest the adoption by the Committee of a general comment on the aims of education and noted with appreciation the initiative of the Committee on State violence against children.  In addition, it welcomed the holding by the Committee of a day of general discussion next September on violence within the school and the family and the Committee's recommendation to the Secretary-General to conduct an in-depth study on the issue of violence against children.  The Commission had also decided to establish the mandate of Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.  The Commission had further attached importance to children's rights in the context of HIV/AIDS, which was a most welcome initiative in light of the special session of the General Assembly on HIV/AIDS in June.

14.       The High Commissioner attached particular importance to including a child rights dimension in the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.  Children should be an important focus of attention in that global effort since they were all too often vulnerable targets of discrimination and exclusion.  At the same time, children had a lot to contribute to a shared vision of an inclusive, non-discriminatory world because they had open minds and lacked prejudice.  That was why the Durban Conference provided a good opportunity to highlight the relevance of the struggle against racism and racial discrimination to child rights.  Among the various events planned around the World Conference, a Youth Summit would take place on 27 August, before the opening of the Conference, which would allow young people to bring to the attention of the World Conference a statement reflecting the main issues of concern to them.

15.       Finally, the High Commissioner referred to the special session of the General Assembly on Children that would take place in New York from 19 to 21 September 2001.  The Committee had actively contributed to the draft outcome document which had greatly evolved since the second session of the Preparatory Committee held in January.

H.  Pre-sessional working group

16.       In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 29 January to 2 February 2001.  All the members except Mr. Fulci, Mrs. El Guindi, Mrs. Sardenberg and Mr. Rabah participated in the working group.  Representatives of OHCHR, ILO, UNICEF, UNESCO, UNHCR and WHO also participated.  A representative of the NGO Group for the Convention of the Rights of the Child, as well as representatives from various national and international non-governmental organizations, also attended.

17.       The purpose of the pre-sessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States.  It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

18.       Members of the Committee elected Esther Margaret Queen Mokhuane and Awa N' Deye Ouedraogo to chair the pre-sessional working group.  The latter held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of seven countries (Turkey, Democratic Republic of the Congo, Ivory Coast, United Republic of Tanzania, Bhutan, Oman and Monaco) and the second periodic reports of two countries (Denmark and Guatemala).  The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting written answers to the issues raised in the list, if possible, before 6 April 2001.

I.  Organization of work

19.       The Committee considered the organization of work at its 698th meeting, on 21 May 2001.  The Committee had before it the draft programme of work for the twenty‑sixth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-sixth session (CRC/C/103).

J.  Future regular meetings

20.       The Committee noted that its twenty-eighth session would take place from 24 September to 12 October 2001 and that its pre-sessional working group for the twenty-ninth session would meet from 15 to 19 October 2001.

II.  REPORTS BY STATES PARTIES UNDER ARTICLE 44

                               OF THE CONVENTION

A.  Submission of reports

21.       The Committee had before it the following documents:

            (a)        Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51), 1998 (CRC/C/61) and 1999 (CRC/C/78); and on periodic reports of States parties due in 1997 (CRC/C/65), 1998 (CRC/C/70), 1999 (CRC/C/83), 2000 (CRC/C/93) and 2001 (CRC/C/104);

            (b)        Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/105);

            (c)        Note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.11);

            (d)        Note by the Secretary-General on areas in which the need for technical advice and advisory services has been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.18).

22.       The Committee was informed that, in addition to the eight reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twenty-seventh session (see CRC/C/103, para. 19), the Secretary‑General had received the initial reports of Switzerland (CRC/C/78/Add.3), the Netherlands Antilles (CRC/C/107/Add.1), the Republic of Moldova (CRC/C/28/Add.19), Seychelles (CRC/C/3/Add.64), Israel (CRC/C/3/Add.65), Solomon Islands (CRC/C/51/Add.6) and Haiti (CRC/C/51/Add.7) and the second periodic reports of Pakistan (CRC/C/65/Add.20), Madagascar (CRC/C/70/18), New Zealand (CRC/C/93/Add.4) and Canada (CRC/C/83/Add.6).

23.       A list of initial and second periodic reports considered by the Committee as of 8 June 2001, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twenty-eighth and twenty-ninth sessions, are contained in annexes VI and VII respectively.

24.       As at 8 June 2001, the Committee had received 162 initial and 47 periodic reports.  A total of 155 reports (138 initial and 17 second periodic) have been examined by the Committee (see annex VI).

25.       In a note verbale dated 18 April 2001, the Government of Oman requested that the consideration of its initial report, initially scheduled to take place during the twenty‑seventh session, be postponed to the twenty-eighth session of the Committee.  The Committee accepted the request in its response dated 3 May 2001.

26.       In a note verbale dated 9 April 2001, the Government of Egypt submitted observations to the Committee concerning the concluding observations (CRC/C/15/Add.145) adopted at its twenty‑sixth session.  The Committee transmitted a letter of response to the Egyptian authorities on 1 June 2001.

27.       In a note verbale dated 12 April 2001, the Government of Bolivia submitted information on recent developments linked to the implementation of the Convention on the Rights of the Child.

28.       By a note verbale dated 11 May 2001, the Government of the Dominican Republic transmitted a booklet compiling all the child-related jurisprudence of the Supreme Court.

29.       At its twenty-seventh session, the Committee examined initial and periodic reports submitted by eight States parties under article 44 of the Convention.  It devoted 16 of its 24 meetings to the consideration of reports (see CRC/C/SR.699-702; 705-708 and 711-718).

30.       The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty-seventh session:  Guatemala (CRC/C/65/Add.10), Denmark (CRC/C/70/Add.6), Democratic Republic of the Congo (CRC/C/3/Add.57); Côte d'Ivoire (CRC/C/81/Add.41), Bhutan (CRC/C/28/Add.15), Monaco (CRC/C/28/Add.15), Turkey (CRC/C/51/Add.4), and United Republic of Tanzania (CRC/C/8/Add.14/Rev.1).

31.       In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined.

32.       The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding observations reflecting the main points of discussion and indicating, where necessary, issues that require specific follow‑up.  More detailed information is contained in the report submitted by the States parties and in the summary records of the relevant meetings of the Committee.

B.  Consideration of reports

Denmark

33.       The Committee considered the second periodic report of Denmark (CRC/C/70/Add.6), received on 15 September 1998, at its 699th to 700th meetings (CRC/C/SR.699 and 700), held on 22 May 2001, and adopted, at its 721st meeting, on 8 June 2001, the following concluding observations.

A.  Introduction

34.       The Committee welcomes the submission of the State party's second periodic report and the written replies to its list of issues (CRC/C/Q/DEN/2) which allowed for a clearer understanding of the situation of children.  The Committee regrets that the report did not include adequate information concerning the situation of children in Greenland and the Faroe Islands and did not follow the general guidelines regarding the form and contents of periodic reports to be submitted by States parties (CRC/C/58).  The Committee is encouraged by the constructive and open dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion.  The Committee acknowledges that the presence of a delegation directly involved in the implementation of the Convention allowed for a fuller assessment of children's rights in the State party.

B.  Follow-up measures undertaken and progress achieved by the State party

35.       The Committee commends the State party for its overall progress in implementing the Convention on the Rights of the Child.  The State party's efforts to apply the Committee's initial concluding observations and recommendations (CRC/C/15/Add.33) to legislation, policies and programmes for children are noted.

36.       The Committee notes with appreciation the State party's outstanding commitment in the area of international cooperation and development assistance.  In this regard, the Committee notes that the State party allocates a significant percentage of its gross domestic product to foreign aid, mainly in support of least developed countries.

37.       The Committee welcomes the childcare initiative introduced by law and taken in cooperation with the municipalities and experts in education in order to improve the quality of day-care facilities.

38.       The Committee notes with satisfaction that, in 1997, the right of parents to use corporal punishment on their children was abolished by law.  The Committee expresses further satisfaction at the nationwide awareness raising campaign undertaken to inform parents about the new legislation.  The Committee notes the efforts to include material in minority languages as a follow-up to the campaign.

39.       The Committee notes with satisfaction that the National Council for Children was permanently established by law in 1998 and mandated to assess independently the situation of children within the State party in light of the principles and provisions of the Convention.

40.       The Committee notes with satisfaction that the State party has ratified the Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption in 1997.  The ratification necessitated amendments to the Adoption Act that, inter alia, ensures greater participation of the child in his/her adoption.  The Committee further notes that the State party has ratified ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and ILO Convention (No. 138) concerning Minimum Age for Admission to Employment.

41.       The Committee notes that the State party has recently facilitated the second session of the Danish Youth Parliament and welcomes the initiative by the Cabinet to review and circulate the decisions and recommendations of the young parliamentarians.

C.  Principal subjects of concern and recommendations

1.  General measures of implementation

Reporting

42.       The Committee regrets that the report did not include adequate information concerning the situation of children in Greenland and the Faroe Islands and that it did not follow the general guidelines regarding the form and contents of periodic reports to be submitted by States parties (CRC/C/58).

43.       The Committee recommends that the State party take all effective measures to ensure that its next periodic report includes specific information on the situation of children in Greenland and the Faroe Islands and that it follows the general guidelines regarding the form and contents of periodic reports to be submitted by States parties (CRC/C/58).

Reservations

44.       The Committee notes the initiative of the State party, through its Standing Committee on Procedural Law, to initiate the process of reviewing its reservation to article 40 (2) (b) (v) of the Convention.

45.       In light of the Vienna Declaration and Plan of Action of the World Conference on Human Rights (1993), the Committee encourages the State party to complete the process of review of its reservation to article 40 (2) (b) (v) of the Convention with a view to withdrawing it.

Legislation

46.       The Committee notes that the Minister of Justice has set up a committee of human rights experts to examine the advantages and disadvantages involved in incorporating into Danish law the core international human rights treaties, including the Convention on the Rights of the Child.  While the Committee notes that the recommendations of the expert committee have not yet been finalized, it remains concerned about the legal status of the Convention on the Rights of the Child in domestic law. 

47.       The Committee encourages the State party to consider the incorporation of core international human rights instruments, including the Convention on the Rights of the Child, into domestic law.  In this regard, the Committee urges the State party to give equal weight to all international human rights instruments.  It is recommended that the State party include in its next periodic report information on the recommendations of the expert committee and the decision of the Government regarding this issue.

Ratification of international human rights instruments

48.       The Committee notes that the State party is currently considering the possibility of acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

49.       The Committee encourages the State party to accede to this Convention.

Coordination

50.       While the Committee notes that the terms of reference of the Inter-Ministerial Committee on Children were updated in 1997, it remains concerned that the Convention has not yet been established as the framework for the work of the Inter-Ministerial Committee.  The Committee is also concerned that insufficient efforts have been made by the State party to explicitly include the Convention in its general consideration of children's policies and programmes.

51.       The Committee encourages the State party to consider establishing the Convention as the framework for the work of the Inter-Ministerial Committee.  Additionally, the State party is encouraged to consider the elaboration of a comprehensive strategy for children based on the Convention on the Rights of the Child.

Data collection

52.       The Committee notes with concern that the existing data collection mechanisms are inadequate to ensure the collection of disaggregated data on all aspects of the Convention and to effectively monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.

53.       The Committee recommends that the State party reinforce its system of data collection and develop indicators to effectively monitor and evaluate progress achieved in the implementation of the Convention and assess the impact of policies adopted with respect to children.  Efforts should be made to ensure that the data collection system incorporates all the areas covered by the Convention and covers all children below the age of 18 years, with specific emphasis on those who are particularly vulnerable.

Independent complaints mechanisms

54.       The Committee notes that the State party has established a number of initiatives to facilitate the lodging of complaints by children of violations of their rights, including through the Office of the Ombudsman and a telephone hotline.  However, the Committee remains concerned about the accessibility and availability of these complaint mechanisms to all children within the State party.

55.       The Committee suggests that the State party take all effective measures to ensure that its independent complaint mechanisms are easily accessible to and user-friendly for all children, to deal with complaints of violations of their rights and to provide remedies for such violations.  In this regard, the Committee encourages the State party to reinforce its awareness raising efforts to facilitate the effective use by children of the complaint mechanisms.  While the Committee notes the reluctance to establish a separate complaints mechanism for children, it encourages the State party to consider strengthening the mandate of the National Council for Children to include individual cases and complaints from children, or to establish a child rights focal point within the Office of the Ombudsman.

Dissemination of the Convention and its principles

56.       The Committee notes the efforts of the State party to disseminate, including through the Internet, the principles and provisions of the Convention within schools and among professionals working with children, including teachers, school administrators and police personnel.  However, it remains concerned that children and professionals working with and for children are not fully aware of the Convention and the principles enshrined therein.

57.       The Committee recommends that the State party reinforce its efforts to systematically and continuously disseminate the principles and provisions of the Convention and to ensure that the Convention is systematically incorporated into the school curriculum and the training activities of professional groups and administrative bodies, at all levels of society, working with and for children.

2.  General principles

Non-discrimination

58.       The Committee is aware of the measures taken by the State party to promote non‑discrimination though, inter alia, the amendment to the Criminal Code and the preparation and dissemination of a brochure concerning ethnic minorities and the police.  However, the Committee notes that de facto discrimination against and xenophobia directed at certain groups of children, especially children belonging to ethnic minorities, refugee and asylum-seeking children, children belonging to migrant families, children with disabilities and those belonging to socially and economically disadvantaged families continue to be of concern, including within the education system.

59.       In light of article 2 and other related articles of the Convention, the Committee recommends that the State party strengthen its measures, including through the Board for Ethnic Equality by, inter alia, organizing ongoing awareness raising campaigns to change attitudes and to eliminate de facto discrimination against and xenophobia directed at minority groups, especially children belonging to migrant families, refugee children, children with disabilities and children belonging to socially and economically disadvantaged families.

Best interests of the child

60.       The Committee is concerned that the general principle of the best interests of the child (art. 3) is not fully applied and duly integrated in the implementation of the policies and programmes of the State party.  In this regard, the Committee notes that the rights of parents are often found to be more important than the best interests of the child.

61.       The Committee recommends that further efforts be made by the State party to ensure the implementation of the principle of the best interests of the child in its laws, policies and programmes for children, as well as in all judicial and administrative decisions concerning children.

Respect for the views of the child

62.       The Committee is aware of the various provisions in the law concerning the right of the child to be heard and that the legal minimum age in this regard is 12 years.  However, the Committee remains concerned about the inadequate implementation of article 12 of the Convention and the fact that children below the age of 12 years do not have a right to be heard.

63.       The Committee recommends that the State party take the necessary measures to ensure effective implementation of article 12 of the Convention, not only in court proceedings but also in various administrative decisions, including with respect to child protection services, custody proceedings and the placement of children in institutions.  Moreover, the State party is urged to effectively promote and encourage respect for the views of children below the age of 12 years, according to his/her evolving capacities, and in light of article 12 of the Convention.

3.  Family environment and alternative care

Parental guidance and responsibilities

64.       While the Committee notes that financial and special assistance programmes for single parents have been established, including at the municipal level, it remains concerned about the vulnerability of children belonging to single-parent families.  Concern is also expressed about the situation of children belonging to ethnic minority families.

65.       The Committee recommends that the State party strengthen its programmes and initiatives in support of single parent and ethnic minority families.

Child abuse and neglect in the family

66.       The Committee notes the various measures to address abuse and neglect of children, including the implementation of the proposals of an inter-ministerial working group on sexual abuse.  However, it remains concerned about the lack of information on the magnitude of the phenomenon and the effects of the various measures implemented.

67.       The Committee recommends that the State party develop and implement a comprehensive policy that includes an effective reporting and referral system of all cases of child abuse, including sexual abuse, and neglect; regular evaluation of the results of the various measures taken; and legislation that ensures child-sensitive, multi-disciplinary procedures conducted by well-trained professionals, in order to avoid further traumatizing of the child.

4.  Basic health and welfare

Adolescent health

68.       While noting the efforts of the State party, the Committee remains concerned about the health problems faced by adolescents, particularly the high incidence of eating disorders, especially among teenage girls; drug, alcohol and tobacco abuse; and suicide.

69.       The Committee recommends that the State party reinforce its efforts to address these adolescent physical and mental health concerns through, inter alia, preventive education, counselling and rehabilitative programmes to strengthen self-confidence among young people and prevent behaviour that could negatively affect their health.

5.  Education, leisure and cultural activities

Violence against children in institutions

70.       Acknowledging the activities undertaken by the State party in this regard, the Committee remains concerned about the rather high level of bullying in schools and about the inadequate protection of children from abuse, including sexual abuse, in day-care and other institutions.

71.       The Committee recommends that the State party strengthen its measures, in participation with children, to prevent and combat violence and bullying in schools, taking into account the recommendations of the National Council for Children in that regard.  Furthermore, the State party is encouraged to take the necessary measures to prevent persons convicted of crimes against children from working in care and other institutions for children.

5.  Special measures of protection

Administration of juvenile justice

72.       While the Committee notes the efforts of the State party in the area of juvenile justice, it remains concerned that children between the ages of 15 and 17 years may be held in adult detention facilities and kept in solitary confinement.

73.       The Committee urges the State party to review its legislation and policies governing juvenile justice to ensure that they are fully consistent with the Convention, especially articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty.  In light of articles 3, 37, 40 and 39 of the Convention, the Committee further recommends that the State party take all effective measures to ensure that children are separated from adults in detention facilities and that children are not subjected to solitary confinement, unless it is in their best interests and subject to court review.  Additionally, the Committee encourages the State party to reinforce its rehabilitation and reintegration programmes for children in conflict with the law.

Sexual abuse and exploitation

74.       The Committee is aware of the efforts of the State party to prevent and combat sexual abuse and exploitation, including the recent establishment of an information collection system on sexual abuse.  The Committee is concerned about the lack of awareness about child abuse and exploitation and the inadequate efforts to address child pornography.  The Committee also notes the need for training for professionals working with and for child victims of abuse, including police officers, lawyers and social workers.

75.       In light of article 34 and other related articles of the Convention, the Committee recommends that the State party reinforce its efforts to strengthen current policies and measures, including care and rehabilitation, to prevent and combat these phenomena.  The Committee recommends that the State party take all appropriate measures to introduce and/or reinforce training for professionals working with and for child victims of abuse and exploitation.

76.       The Committee notes that a bill has been introduced that would provide support for children between the ages of 15 and 17 years who may be experiencing difficulties in adjusting to the norms and rules of society, especially those children in conflict with the law.  However, the Committee remains concerned about the situation of such children.

77.       The Committee encourages the State party to continue and, where necessary, reinforce its efforts in providing adequate support to these children and to their parents.

6.  Ratification of the Optional Protocols

78.       The Committee is aware that the State party has signed 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.

79.       The Committee encourages the State party to ratify both Optional Protocols as soon as possible.

7.  Dissemination of the documentation

80.       Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and written replies submitted by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organizations.

Turkey

81.       The Committee considered the initial report of Turkey (CRC/C/51/Add.4), received on 7 July 1999, and additional information (CRC/C/51/Add.8) at its 701st and 702nd meetings (see CRC/C/SR.701-702), held on 23 May 2001; and at its 721st meeting, held on 8 June 2001, adopted the following concluding observations.

A.  Introduction

82.       The Committee welcomes the submission of the State party's initial report, which follows the guidelines for reporting, the timely submission of the written replies to its list of issues (CRC/C/Q/TUR.1) and the provision of additional documentation.  It notes with appreciation the large and multisectoral delegation sent by the State party which allowed the Committee to have a good assessment of the situation of the rights of the child in the State party.

B.  Positive aspects

83.       The Committee welcomes the ongoing process of ensuring that the State party's legislation is compatible with the provisions and principles of the Convention.  In particular, it notes the preparation of a study to evaluate the conformity of the laws with the Convention and of an "Implementation checklist for the Convention on the Rights of the Child" to monitor to what extent the provisions and principles of the Convention have been implemented in Turkey.

84.       The Committee notes with satisfaction the establishment of the Higher Council and the Sub-Committee for Monitoring and Evaluating the Rights of the Child established under the Office of the Prime Minister to coordinate intersectoral planning for children.  It also notes that the General Directorate of the Social Services and Child Protection Agency (SHÇEK) coordinates the implementation of the Convention within the country.

85.       The Committee welcomes the fact that the duration of compulsory education has been increased to eight years and takes note of the government programme addressing high illiteracy among girls and women through the Girls Education Project in collaboration with UNICEF.  Further, it notes with interest the Early Childhood Development Support Project whose aim is to give school preparation, health care and nutrition to children aged 5 and 6 who live in disadvantaged areas of major cities.

86.       The Committee notes with satisfaction that the State party has ratified ILO Convention No. 138 on the Minimum Age for Employment and ILO Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.  It also notes the signature in August 1999 of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.

87.       The Committee notes with appreciation that the State party launched in 1999 a promotion campaign on the Convention on the Rights of the Child coordinated by the General Directorate of the Social Services and Child Protection Agency (SHÇEK) with the cooperation of various ministries and UNICEF to enhance the principles and provisions of the Convention.  It also takes note of the organization of the National Children's Congress in April 2000 with the participation of delegations of children from 81 provinces, civil society organizations, relevant public agencies and universities and of the convening in November 2000 of the Child Forum with the participation of children to review progress in the implementation of the conclusions of the National Children's Congress and to assess the implementation of child rights activities in the provinces.

88.       The Committee acknowledges the multiple efforts undertaken by the State party after the two devastating earthquakes of 1999 to address children's issues by creating social services units to benefit children and by providing psycho-social support for children in schools in the earthquake region.

89.       The Committee notes with satisfaction that the State party's initial report was prepared by ad hoc committees comprised of representatives of public agencies, non‑governmental organizations and universities, as well as international organizations.

C.  Factors and difficulties impeding progress in

                                           the implementation of the Convention

90.       The Committee notes with concern that the State party is facing some difficulties in the implementation of the Convention, in particular owing to the persistence of social and regional disparities in the country and the damage caused by the two devastating earthquakes of 17 August and 12 November 1999.  The Committee further observes that the State party's narrow interpretation of the definition of minority is impeding for some groups the enjoyment of human rights protected under the Convention.

D.  Principal areas of concern and recommendation

1.  General measures of implementation

Reservations

91.       The Committee notes with concern the reservations to articles 17, 29 and 30 of the Convention.  It also notes that, in some cases, in particular in the fields of education and freedom of expression and the right to enjoy their own culture and use their own language, these reservations may have a negative impact on children belonging to ethnic groups which are not recognized as minorities under the Treaty of Lausanne of 1923, in particular children of Kurdish origin.

92.       The Committee encourages the State party to consider withdrawing its reservations to articles 17, 29 and 30 of the Convention.

Legislation

93.       The Committee notes that part of the national legislation is currently under review, in particular the Civil Law, the Criminal Code and the Code of Criminal Procedure.  Nevertheless, it expresses its concern that relevant parts of the legislation, such as the "Anti-terror Law" of 1991 and some provisions on juvenile courts, are still not in full conformity with the provisions and principles of the Convention.

94.       The Committee recommends that the State party continue its efforts on law reform with a view to ensuring full conformity of domestic legislation with the provisions and principles of the Convention, and take the necessary steps to end disparities between law and practice, in particular with reference to pre-trial detention of children.

Coordination

95.       The Committee, while acknowledging the efforts made by the State party to improve coordination by establishing the Higher Council and the Sub-Committee for Monitoring and Evaluating the Rights of the Child, nevertheless takes note that the General Directorate of the Social Services and Child Protection Agency (SHÇEK), which is the coordinating agency for the implementation of the Convention and the secretariat for the Higher Council, was not provided with enough financial and human resources.  In addition, it expresses its concern at the high level of centralization in the decision-making process and at the inadequate coordination within government agencies, both at the national and local levels, as well as between government agencies and the private and voluntary sectors.

96.       The Committee recommends that the State party provide adequate human and financial resources in order to strengthen coordination and make it more effective.  It further encourages the State party to decentralize some aspects of the process of democratic decision-making, in particular with regard to health and education, in order to improve coordination also with the local authorities and with the private and voluntary sectors, especially in the south-eastern region.

Allocations of budgetary resources

97.       The Committee, while noting that budgetary allocations for children have been increasing in recent years, especially in the education and health sectors, nevertheless expresses its concern that the recent economic crisis and related structural adjustment policies could have a negative influence on such allocations.  Further, it remains unclear to what extent the most vulnerable groups of children, in particular, benefit from the increase in the budgetary allocations for children.

98.       In the light of article 4 of the Convention, the Committee encourages the State party to identify clearly its priorities with respect to child rights issues in order to ensure that funds are allocated to the maximum extent of available resources for the implementation of the rights recognized in the Convention, including the economic, social and cultural rights of children, in particular to local governments and for children belonging to the most vulnerable groups in society.  It also recommends that the State party take the necessary measures to identify the amount and proportion of the budget spent on children at the national and local levels, including the resources from international aid programmes, in order to evaluate adequately its impact on children.

Independent monitoring structures

99.       The Committee expresses its concern at the absence of an independent mechanism, such as an Ombudsman or a commission for children, to monitor children's rights and to register and address individual complaints from children concerning violations of their rights under the Convention, and notes the ongoing discussions on the establishment of an Office of the Ombudsman for Children.

100.     The Committee encourages the State party to pursue its efforts with a view to developing and establishing an independent and effective mechanism, easily accessible for children and in accordance with the Paris Principles, to monitor the implementation of the Convention, to deal with complaints from children in a child-sensitive and expeditious manner and to provide remedies for violations of their rights under the Convention.  In this regard, the Committee also recommends that the State party consider seeking technical assistance from, inter alia, UNICEF and the Office of the High Commissioner for Human Rights.

Data collection and analysis

101.     The Committee notes with appreciation measures taken by the State party, such as the establishment of the Child Information Network within the framework of the 1997-2000 Government of Turkey and UNICEF Master Plan of Operations and its continuation in the period 2001-2005 as the Child and Woman Information Network Project.  It nevertheless expresses its concern at the absence of a unit within the State Institute of Statistics (SIS) responsible for the systematic collection of disaggregated data for all areas covered by the Convention and in relation to all groups of persons under 18 years of age.

102.     The Committee recommends that the State party continue to develop a system of data collection and indicators consistent with the Convention and provide additional support to the Child Information Network.  This system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including child victims of abuse, neglect or ill-treatment; children with disabilities; children belonging to minorities and various ethnic groups; children who are internally displaced; children in conflict with the law; child asylum-seekers; children who work; adopted children; and children living in the streets and in rural areas.  It further encourages the State party to use these indicators and data in the formulation of policies and programmes for the effective implementation of the Convention.

Dissemination of the Convention

103.     While noting the number of initiatives carried out by the State party in order to disseminate the Convention within the country, the Committee is nevertheless concerned that the principles and provisions of the Convention are not yet disseminated at all levels of society and in particular in rural areas.

104.     The Committee recommends that the State party promote knowledge of the Convention at all levels, including the administrative authorities and civil society, especially non-governmental organizations and the private sector, and develop more creative methods to disseminate the Convention, in particular through audiovisual aids such as picture books and posters, in particular at the local level.  The Committee also recommends adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators and health personnel.  The State party is encouraged to integrate fully the Convention into the curricula at all levels of the educational system.

2.  Definition of the child

105.     The Committee expresses its concern about the disparity between the minimum legal age for marriage of boys (17 years) and of girls (15 years) and notes that in the draft civil code the minimum legal age for marriage has been raised to 17 for both boys and girls.  Further, it notes with concern that there is not a clear minimum age for admission to employment and this could conflict with the age for the end of compulsory education, which is set at 15.

106.     In the light of articles 1 and 2 and related provisions of the Convention, the Committee encourages the State party to pursue its efforts to review its legislation with a view to increasing the minimum age for marriage of girls to that of boys in order to bring it into full conformity with the provisions and principles of the Convention.  It also recommends that the State party set up the same age for the end of compulsory education and for admission to employment.

3.  General principles

107.     The Committee is concerned that the principles of non-discrimination (article 2 of the Convention), best interests of the child (art. 3) and respect for the views of the child (art. 12) are not fully reflected in the State party's legislation and administrative and judicial decisions, or in policies and practices relevant to children at both national and local levels.

108.     The Committee recommends that the general principles of the Convention, in particular the provisions of articles 2, 3 and 12, be appropriately integrated into all relevant legislation concerning children and applied in all political, judicial and administrative decisions, as well as in projects, programmes and services which have an impact on all children.  These principles should guide planning and policy-making at every level, as well as actions taken by social and health welfare institutions, courts of law and administrative authorities.

Non-discrimination

109.     The Committee is concerned that the principle of non-discrimination (article 2 of the Convention) is not fully implemented for children belonging to minorities not recognized under the Treaty of Lausanne of 1923, in particular children of Kurdish origin; children with

disabilities; children born out of wedlock; girls; refugee and asylum-seeking children; children who are internally displaced; and children living in the south-eastern region and in rural areas, especially with regard to their access to adequate health and educational facilities.

110.     The Committee recommends that the State party take appropriate measures to prevent and combat discrimination.  It also recommends the collection of appropriate disaggregated data to enable monitoring of discrimination against all children, in particular those belonging to the above-mentioned vulnerable groups, with a view to developing comprehensive strategies aimed at ending all forms of discrimination.

Right to life

111.     The Committee is deeply concerned about the violation of the right to life with reference to the practice of "honour killings", prevailing in particular in the eastern and south-eastern regions and among recent immigrants to cities, whereby immediate family members kill women who are suspected of being unchaste, and notes that often both victims and perpetrators are minors.

112.     In the light of article 2 (non-discrimination), article 3 (best interests of the child), article 6 (right to life) and article 19 (protection from all forms of violence) of the Convention and in line with Commission on Human Rights resolution 2001/45, with the recommendations of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/2001/9, paras. 38-41) and with concluding observations of the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1, paras. 179 and 195), the Committee strongly recommends that the State party review rapidly legislation with a view to addressing these crimes in an effective way and to eliminating all provisions allowing reductions of sentence if the crime is committed for honour purposes.  It also recommends the development and effective implementation of an awareness raising and education campaign, involving also religious and community leaders, to combat effectively discriminatory attitudes and harmful traditions affecting girls, in particular in the eastern and south-eastern regions, by demonstrating that such practices are socially and morally unacceptable.  The State party should also provide special training and resources to law enforcement personnel with a view to protecting in a more effective way girls who are in danger of "honour killing" and to prosecuting such cases in an effective way.

Respect for the views of the child

113.     While noting a number of initiatives to improve the participation of children, such as the Children's Forum, the Committee is nevertheless concerned that general practices and policies in the country do not encourage the freedom of expression of children and notes that, in practice, in administrative and judicial procedures, children's views are often not heard, even when this is provided for in the legislation.

114.     In the light of article 12 of the Convention, the Committee recommends that the State party seek to develop a systematic approach and policy, with the involvement of professionals working with children, in particular teachers and social services, and civil society, including community leaders and NGOs, to increase public awareness of the participatory rights of children and encourage respect for the views of the child within the family, school, and generally in society.  Further, it encourages the State party to recognize the right of children to have their views heard and taken into account in actions taken by social welfare institutions, courts of law and administrative authorities, including at the local level.

4.  Civil rights and freedoms

Birth registration

115.     The Committee notes with concern that approximately 25 per cent of children under 5 years of age in Turkey are not registered and that these rates are higher in the eastern and south-eastern regions, because parents are unaware of the importance of birth registration and/or have difficult access to registry offices, in particular in rural areas.

116.     The Committee recommends that the State party develop more widespread awareness among the population, including through public information campaigns, of the importance of immediate birth registration and improve the registration system in order to reach all families with children, in particular in the eastern region.

Freedom of expression and association

117.     The Committee takes note with concern that persons under 18 cannot join associations, including trade unions and non-governmental organizations.  It is also noted with great concern that article 13 of the Turkish Civil Code of 1926 stating that children "shall not be entitled to exercise civil rights" does not conform with the Convention, especially its articles 12 to 17.

118.     In the light of articles 13 and 15 of the Convention, the Committee recommends that the State party ensure that children can form, join and leave associations freely and, in particular, that young persons who have reached the legal age for being employed can form, join and leave trade unions freely.  It further encourages the State party to consider reviewing its legislation in order to guarantee to children their civil rights and freedoms in accordance with the Convention.

Right not to be subjected to torture or other cruel, inhuman or degrading

treatment or punishment

119.     The Committee is extremely concerned at violations of the right of the child not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment appearing in the number of reported cases of torture and/or ill-treatment of children, especially when placed in pre-trial detention.  It further notes that in a number of cases children are held incommunicado when in police or gendarma custody and are not allowed the presence of a lawyer, practices which can provide protection from torture and ill-treatment, and are not interrogated in presence of a prosecutor, as established by law.  It also notes with concern that alleged cases of torture against children are not always duly investigated and perpetrators convicted, thus creating a climate of impunity.

120.     In the light of article 37 (a) of the Convention and in line with the recommendations of the Special Rapporteur on torture (see E/CN.4/1999/61/Add.1), the Committee strongly recommends that the State party enforce, or, when appropriate, review existing legislation, with a view to preventing children being held incommunicado, and investigate in an effective way reported cases of torture and ill-treatment of children.  It also recommends that alleged perpetrators be transferred from active duty or suspended while they are under investigation, and dismissed if convicted.  It invites the State party to continue with the systematic training of law enforcement personnel on child rights issues.  In the light of article 39, the Committee also invites the State party to take all appropriate measures to ensure the physical and psychological recovery and social reintegration of child victims of torture and/or ill-treatment.

5.  Family environment and alternative care

Parental responsibilities

121.     While noting as a positive step the recent establishment of Family Consultation Centres in a number of cities, the Committee is nevertheless concerned that there is no appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, in particular in the case of female headed families.

122.     The Committee encourages the State party to undertake effective measures to improve social assistance to families, including through counselling and community-based programmes, and to implement fully the programme of cooperation with UNICEF on enhancing family capacity, in order also to reduce the number of children in institutional care.

Children deprived of family environment

123.     The Committee is concerned at the high number of children who live in institutions, half of whom are placed there because of socio-economic problems affecting their families.  It notes with concern that these institutions are in some cases in a bad physical state and need adequately trained and competent staff and, therefore, recognizes with appreciation the reorganization of some of these institutions into family units of small groups of children.  It also notes that the foster care system is not sufficiently developed and that the law on adoption is too restrictive.

124.     The Committee recommends that the State party review the system of institutionalization of children, as well as ensuring, in the light of article 25 of the Convention, the periodic review of children placed in institutions.  Further, it recommends that the State party allocate more financial and human resources to improve the situation of children living in institutions.  In the light of article 20 of the Convention, it encourages the State party to promote alternative care and further improve the quantity, quality and efficiency of foster care, including by providing sufficient financial support.  Further, in the light of article 21, it encourages the State party to review the law on adoptions with a view to facilitating the adoption process.

Child abuse and neglect

125.     The Committee expresses its concern about the lack of data, appropriate measures, mechanisms and resources to prevent and combat domestic violence, ill-treatment and abuse, including child sexual abuse and related virginity tests.  It notes that societal attitudes towards women and children often mean that these cases are not reported and that when they are reported, the police do not systematically intervene.  The limited number of services for abused children is also a cause of concern.

126.     In the light of article 19 of the Convention, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, to enable it to understand the extent, scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes.  The Committee also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child‑sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy, and the elimination of virginity tests.  Measures should also be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention.

Corporal punishment

127.     The Committee expresses its deep concern that physical punishment in the home is culturally and legally accepted and that only "excessive punishment" resulting in physical injury is prohibited by the Penal Code.  It also notes with concern that, although prohibited, corporal punishment is used in schools and other institutions.

128.     In the light of articles 3, 19 and 28 (2) of the Convention, the Committee encourages the State party to develop measures to raise awareness of the harmful effects of corporal punishment and promote alternative forms of discipline in families, to be administered in a manner consistent with the child's dignity and in conformity with the Convention.  It also recommends that the ban on corporal punishments in schools and other institutions be enforced effectively.

6.  Basic health and welfare

Children with disabilities

129.     While noting as a positive development the establishment of the Administration of the Disabled as the agency coordinating services, and the removal of some structural obstacles in education, employment and rehabilitation, the Committee remains concerned about the huge number of children with disabilities who are institutionalized and the general lack of resources and specialized staff for these children.

130.     The Committee recommends that the State party undertake measures to ensure that the situation of children with disabilities is adequately monitored in order to assess effectively their needs.  It also recommends that the State party allocate the necessary resources for programmes and facilities for all children with disabilities, especially those living in rural areas, and develop community-based programmes to enable these children to stay at home with their families.  In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (see CRC/C/69), it is also recommended that the State further encourage their inclusion in society and integration into the regular educational system, including by providing special training to teachers and by making schools more accessible.

Health and health services

131.     While noting with appreciation that the State party adopted the Integrated Management of Childhood Illnesses (IMCI) and established 35 new Social Service provincial directorates in 2000, and that protocols for cooperation were signed between the Social Services and Child Protection Agencies and non-governmental organizations in order improve services for children at the local level, the Committee is nevertheless concerned that the situation with regard to maternal, child and reproductive health is still poor and that there are great disparities between geographic regions and socio-economic classes.  It notes in particular that infant, child and maternal mortality rates and malnutrition rates are particularly high in rural areas of the south eastern region and in poor urban areas.  The Committee also notes that the immunization programme does not cover all children in Turkey and that immunization rates are particularly low in the eastern region.

132.     The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of all children without discrimination, in particular by focusing more on primary health care and decentralizing the health-care system.  In particular, to prevent child mortality and morbidity, it recommends that adequate antenatal and post‑natal health‑care services be provided and that campaigns be developed to provide parents with basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation, and the prevention of accidents.  The Committee encourages the State party to look to international cooperation for the full and efficient implementation of the immunization programme.

Adolescent health

133.     The Committee expresses its concern regarding the high rates of early pregnancy, the rise in the number of children and young people using tobacco and drugs, the increase in cases of sexually transmitted diseases (STDs), in particular syphilis, and the growing numbers of cases of HIV/AIDS among young people.  Further, it notes the limited availability of programmes and services in the area of adolescent health, including mental health, in particular treatment and rehabilitation programmes for drug addiction.  It also notes the lack of sufficient prevention and information programmes, especially on reproductive health, in schools.

134.     The Committee recommends that the State party increase its efforts to promote adolescent health, including mental health, policies particularly with respect to reproductive health and substance abuse and strengthen the programme for health education in schools.  The Committee suggests that a comprehensive and multidisciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of STDs and HIV/AIDS, in order to be able to develop adequate policies and programmes.  It is also recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to evaluate the effectiveness of training programmes in health education, in particular as regards reproductive health, and to develop youth-sensitive counselling, care and rehabilitation facilities that are accessible without parental consent, when this is in the best interests of the child.

7.  Education, leisure and cultural activities

Education

135.     The Committee notes with concern the high drop-out rates among girls after the third grade, particularly in rural areas; the decline in the quality of education and the insufficiently participatory teaching methods; the lack of trained personnel and insufficient infrastructure, especially classrooms, in particular in large metropolitan areas and in the south-east.

136.     In the light of article 28 of the Convention, the Committee recommends that the State party undertake appropriate measures to ensure regular attendance at school and the reduction of drop-out rates, in particular for girls.  It encourages the State party to continue its efforts to introduce pre-school education and to take further steps to ensure the enrolment of children in secondary schools.  It also encourages the State party to continue to strengthen the teacher training programme in order to increase the number of trained teachers and improve the quality of teaching and to direct education towards the aims mentioned in article 29.1 of the Convention and the Committee's General Comment on the aims of education.

8.  Special protection measures

Refugee children

137.     The Committee notes with concern that only asylum-seekers from European countries are granted refugee status, thus child asylum-seekers of non-European origin, who represent the majority, can be granted asylum only on a temporary basis until they find a third country and, therefore, do not always have access to education and health care.  It notes that personnel dealing with child asylum-seekers and refugees do not have training on child rights issues, in particular on how to deal with children who are unaccompanied and in cases of family reunification, as well as with children who come from areas affected by war and who may have been victims of traumatic experiences.

138.     The Committee encourages the State party to consider withdrawing the geographical limitation on the 1951 Convention relating to the Status of Refugees and its 1967 Protocol in order to allow non-European child refugees to be granted refugee status.  Further it recommends that the State party provide adequate training to officials who deal with child asylum-seekers and refugees, in particular in child-interviewing techniques and on how to ensure family reunification.  Also, in accordance with the UNHCR Guidelines on Protection and Care of Refugee Children, it recommends that the State party ensure that every effort is made to identify children who require special support upon their arrival in the State party, and consider providing adequate psychological assistance to them.  The Committee further recommends that the State party strengthen measures to allow all child asylum-seekers and refugee children full access to education.

Internally displaced children

139.     The Committee expresses its concern at the large number of internally displaced children in Turkey who were forced to leave their home towns in the 1990s owing to the high level of violence in the south-east region.  The Committee is also concerned about their limited access to housing, health services and education.

140.     In line with the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2), the Committee recommends that the State party ensure that internally displaced children and their families have access to appropriate health and education services and adequate housing.  Further, it invites the State party to collect data and statistics in order to know how many children are displaced and what their needs are, with a view to developing adequate policies and programmes.

Economic exploitation

141.     The Committee takes note of the number of protocols the State party has signed with ILO, in particular that for the promotion of education of working children.  However, it expresses its concern that there is not a clear legal minimum age for working children and notes, in this regard, the commission established under the Working Children Department of the Ministry of Labour and Social Security to prepare a draft "Law about the minimum age for work and protective measures for working children", which will cover all children who work.  It nevertheless remains worried about the large number of children engaged in labour activities, in particular children working in the fields, domestic workers, children working in small enterprises and children working in the streets, who appear to be less protected by legislation.

142.     The Committee recommends that the State party continue to undertake measures to prevent and combat all forms of economic exploitation of children, including commercial sexual exploitation.

Children living in the streets

143.     While noting that a number of centres have been established, with the collaboration of non‑governmental organizations, to provide counselling, training and rehabilitation services for children living in the streets, the Committee nevertheless expresses its concern at the significant number of such children and notes that assistance is generally only provided to them by non‑governmental organizations.

144.     The Committee recommends that the State party support existing mechanisms to provide children living in the streets with adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to ensure their full development.  Moreover, the State party should ensure that these children are provided with rehabilitation services for physical, sexual and substance abuse; protection from police brutality; and services for reconciliation with their families.

Juvenile justice

145.     The Committee notes as a positive development the proposed extension of competence of juvenile courts from 15 to 18 years of age and the study started by the Ministry of Justice to harmonize the "Law about the formation, duties and procedure of the juvenile courts" with the provisions of the Convention, as well as the establishment of units for child protection within the Security Directorates in every province and sub-district.  However, it remains deeply concerned at the major discrepancies between domestic legislation concerning juvenile justice and the principles and provisions of the Convention.  In particular, it notes with concern that the minimum legal age for criminal responsibility is 11 and that the Juvenile Courts Law covers children only between the ages of 11 and 14, while children between 15 and 18 are subject to the Penal Law.  Further, it also notes with concern that even children between 11 and 14 may not be subject to the Juvenile Courts Law if they are accused of having committed a crime falling under the jurisdiction of State security courts or military courts or if they live in areas under a state of emergency.  The fact that detention is not used as a measure of last resort and that cases have been reported of children being held incommunicado for long periods is noted with deep concern.  The Committee is also concerned that there are only a small number of juvenile courts and none of them are based in the eastern part of the country.  Concern is also expressed at the long periods of pre-trial detention and the poor conditions of imprisonment and at the fact that insufficient education, rehabilitation and reintegration programmes are provided during the detention period.

146.     The Committee recommends that the State party continue reviewing the law and practices regarding the juvenile justice system in order to bring it into full compliance with the Convention, in particular articles 37, 40 and 39, as well as with other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), with a view to raising the minimum legal age for criminal responsibility, extending the protection guaranteed by the Juvenile Law Court to all children up to the age of 18 and enforcing this law effectively by establishing juvenile courts in every province.  In particular, it reminds the State party that juvenile offenders should be dealt with without delay, in order to avoid periods of incommunicado detention, and that pre-trial detention should be used only as a measure of last resort, should be as short as possible and should be no longer than the period prescribed by law.  Alternative measures to pre-trial detention should be used whenever possible.

147.     With reference to children deprived of their liberty, the Committee recommends that the State party incorporate in its legislation and practices the provisions of the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, in particular guaranteeing them access to effective complaints procedures covering all aspects of their treatment, and taking appropriate rehabilitative measures to promote the social reintegration of the children involved with the juvenile justice system.  Finally, the Committee recommends that the State party seek assistance from, inter alia, the Office of the High Commissioner for Human Rights, the United Nations Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF through the United Nations Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

Optional Protocols

148.     The Committee encourages the State party to ratify the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict.

9.  Dissemination of documents from the reporting process

149.     Finally, the Committee recommends that, in the light of article 44, paragraph 6, of the Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee.  Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs and children.

Democratic Republic of the Congo

150.     At its 705th and 706th meetings (CRC/C/SR.705 and 706), held on 28 May 2001, the Committee on the Rights of the Child considered the initial report of the Democratic Republic of the Congo (CRC/C/3/Add.57) and adopted, at the 721st meeting, held on 8 June 2001, the following concluding observations.

A.  Introduction

151.     The Committee welcomes the submission of the initial report, which generally followed the guidelines for reporting.  The Committee notes that the report contained useful information on implementation of the Convention.  The Committee further appreciates the information provided in the written replies and the dialogue that took place with a high-level delegation.

B.  Positive aspects

152.     The Committee welcomes the State party's indication during the dialogue that its top three priorities with regard to the Convention's implementation are to strengthen legislation, to improve education and to improve health services.

153.     The Committee notes, as an important positive step, the issuance of decree No. 066 of 9 June 2000 with regard to the demobilization of children from the armed forces and the establishment of a special bureau to review the implementation of this decree.

154.     The Committee welcomes the creation of the National Council for Childhood, the ongoing development of provincial commissions and the creation of the High Commission for Reinsertion.  The Committee further welcomes the translation of the Convention into four local languages.

C.  Factors and difficulties impeding the implementation of the Convention

155.     The Committee notes the negative impact on children of the armed conflict within the State party's territory and the role of numerous actors in this conflict, including the armed forces of several States all party to the Convention, armed groups and numerous private companies, as cited in a United Nations report on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo.  The Committee notes, in particular, grave violations of the Convention within territory outside of the control of the Government of the State party and where armed elements, including armed forces under the jurisdiction of other States parties to the Convention, have been active.  The Committee notes, in addition, that article 38 of the Convention requires States parties to respect provisions of international humanitarian law applicable to them and that, as indicated by United Nations sources (see, inter alia, Security Council resolution 1341 (2001) of 22 February 2001), this law has been violated, particularly with regard to children.  In this context, in addition to the responsibility of the State party, the Committee also emphasizes the responsibilities of several other States and certain other actors for the negative impact of the armed conflict upon children and for violations of some provisions of the Convention and international humanitarian law within areas of the State party.

156.     The Committee notes further, and in spite of the State party's significant natural resources, the extremely poor economic and social conditions of the vast majority of the population and of the State itself - factors that severely limit the State party's capacity to implement the Convention and to apply laws.  The Committee notes, in particular, the State party's indication in its written replies to the Committee's list of issues that 89 per cent of the population lives below the poverty line.

D.  Principal subjects of concern, suggestions and recommendations

1.  General measures of implementation

Legislation

157.     The Committee is concerned at the serious failure to implement existing legislation.  The Committee notes, in addition, the State party's acknowledgement in its report that the content and application of specific domestic laws are sometimes inconsistent with the Convention on the Rights of the Child.  The Committee is concerned that, among others, the following legal instruments are not fully compatible with the provisions of the Convention:  the Family Code, the Labour Code, the Criminal Code, the Criminal Procedure Code, the Civil Code, the Code on Judicial Organization and Competence and the decree of 6 December 1950 with regard to delinquency.

158.     The Committee recommends that the State party strengthen its efforts to implement existing legislation relative to the promotion and protection of children's rights.  The Committee also strongly recommends that the State party proceed with its efforts to review, and amend as appropriate, domestic legislation to ensure its full conformity with the provisions of the Convention.  In this regard, the State party would recommend the adoption of a children's law code that would gather together in one instrument all of the main provisions of domestic legislation of direct relevance to children.  The Committee recommends that the State party seek assistance from UNICEF and OHCHR in this regard.

Implementation, national plans of action and monitoring

159.     The Committee notes the involvement of various ministries in the Convention's implementation, the development of a national plan of action for the survival, protection and promotion of children and mothers and, more recently, the establishment of a Ministry for Human Rights, and the National Council for Childhood and provincial councils for children.  However, the Committee remains concerned at the lack of effective coordination of the activities of these bodies, in particular with regard to the implementation of the Convention and the national plan of action, and the serious lack of resources available to the National Council.  The Committee is similarly concerned about the lack of mechanisms to effectively monitor the Convention's implementation.

160.     The Committee strongly recommends that the State party take all necessary steps to ensure the effective coordination of activities related to implementation of the Convention, for example by assigning the coordination role to the National Council, along with the necessary authority and budget.  The Committee recommends, in addition, that the State party implement its recommendations in paragraphs 217 to 222 of the State party's report and integrate relevant elements into a new, updated plan of action.  Furthermore, the Committee recommends that the State party introduce an independent monitoring mechanism for implementation of the Convention, which is accessible to children.  Finally, the Committee recommends that the State party seek technical assistance from UNICEF, WHO, ILO and other intergovernmental and non-governmental organizations.

Budget allocation

161.     The Committee is deeply concerned at the very low annual budget allocations for health, education and other areas of direct relevance to children and at reports that these budget allocations were not fully disbursed.

162.     In the light of article 4 of the Convention, the Committee recommends that the State party raise the proportion of its spending on health, education, social welfare and other priority areas, to the maximum of available resources, with a view to ensuring access to these services for all children and, where needed, within the framework of international cooperation.

Data

163.     The Committee is concerned at the absence of up-to-date and accurate data with regard to the Convention's implementation.

164.     The Committee recommends that the State party develop and strengthen a data collection system, with a view to including all areas under the Convention.  Such a system should cover all children under 18 years of age, including vulnerable groups of children, as a basis for assessing progress achieved in the realization of children's rights and to help design policies for better implementation of the Convention's provisions.  The Committee recommends that the State party seek assistance from, among others, UNICEF.

Co-operation with NGOs

165.     The Committee notes the collaboration between the State party and some NGOs but remains concerned that cooperation with other NGOs working for children's rights is insufficient.  The Committee is deeply concerned in particular by the reported high numbers of arrests and detentions of some NGO staff and the restrictions placed on NGO registration and activities.

166.     The Committee urges the State party to prevent all harassment (including arbitrary arrest and detention) of representatives and/or employees of NGOs.  The Committee strongly recommends that the State party support and collaborate with NGOs in their activities to improve implementation of the Convention and to facilitate efforts to establish a nationwide coalition of NGOs focusing on the protection and promotion of children's rights.  The Committee recommends further that NGOs be involved in the development of policies and programmes implementing the Convention.

Dissemination of the Convention

167.     The Committee is deeply concerned that the Convention is insufficiently known and understood among relevant professionals and among the population in general.

168.     The Committee urges the State party to initiate a thorough campaign to inform and train professionals - such as teachers, health professionals including psychological care specialists, social workers, law enforcement officials, national ministerial and local government officials with responsibility for children's rights - children and the population in general on the Convention and its principles and provisions.  The Committee recommends that the State party adopt measures to ensure that such an information campaign reaches, among others, rural communities, illiterate persons and persons living in parts of the country not currently under the State party's control.

2.  Definition of the child

169.     The Committee joins the State party (see paragraph 89 of the State party's report) in expressing concern at the low minimum age of criminal responsibility and the young age of criminal majority - currently 16.  The Committee expresses concern further at the difference in the minimum age of marriage for girls (15) and boys (18).

170.     The Committee recommends that the State party raise the minimum age of criminal responsibility and that the age of criminal majority be raised to 18, ensuring that all persons below age 18 benefit from international juvenile justice standards.  The Committee recommends further that the minimum age of marriage of girls be raised to that applicable to boys.

3.  General principles

Discrimination

171.     The Committee expresses deep concern at the practices of discrimination which continue to affect profoundly many children in the State party, including ethnic and gender discrimination (see, for example, paragraph 91 of the State party's report).  The Committee is concerned that legislation does not explicitly prohibit discrimination against children on all of the grounds covered by the Convention in its article 2 and omits, for example, discrimination against children with disabilities.

172.     The Committee strongly recommends that the State party urgently identify and address the different causes of discrimination and end all practices of discrimination which affect respect for the Convention.  The Committee recommends that domestic legislation prohibiting discrimination be amended to include all the grounds prohibited under the Convention, including discrimination based on disabilities, and that a review be conducted of legislation to amend any provisions which are discriminatory and which have an impact on children.  The Committee recommends that the State party continue and strengthen its efforts to end gender discrimination, notably against girls and women.  The Committee recommends that the State party use, inter alia, education and human rights promotion to address discriminatory attitudes among the population in general and in changing discriminatory social practices, including through the promotion of the Convention's provisions and the right of women to non-discrimination.  The Committee recommends that the State party implement the concluding observations of the Committee on the Elimination of Racial Discrimination (A/51/18, paras. 509-538) and of the Committee on the Elimination of Discrimination against Women (A/55/38, paras. 194-238).  The Committee recommends, finally, that the State party seek assistance from UNICEF and OHCHR.

Right to participation

173.     The Committee is concerned that the right of children to participate in decisions which affect them is not respected.

174.     In light of article 12 of the Convention, the Committee recommends that the State party increase awareness of the participatory rights of children and further encourage respect for the views of the child within the family, communities, schools, and administrative and judicial systems. 

Life, survival and development

175.     The Committee is deeply concerned that children's rights to life, survival and development are severely violated within the State party.  The Committee is particularly concerned at reports of massive numbers of deaths related to the armed conflict in the east of the State party, and is deeply concerned about practices of infanticide.

176.     The Committee strongly urges the State party to take all measures to prevent deaths related to the armed conflict and to prevent infanticide through, inter alia, a peaceful, rapid and conclusive end to the armed conflict, through legislative and judicial means, and through the development and implementation of appropriate policies to assure the rights to life, survival and development of all children.

4.  Civil rights and freedoms

Right to a nationality

177.     The Committee is deeply concerned that the right to a nationality of some children within the State party, particularly children living in eastern regions of the country and members of certain ethnic groups, is not respected.

178.     The Committee urges the State party to ensure that all children, without discrimination, are accorded a nationality and that measures are taken to implement the concluding observations of the Committee on the Elimination of Racial Discrimination on this subject.

Birth registration

179.     The Committee is concerned at the very low levels of birth registration in the State party.  The Committee joins the State party (see paragraph 76 of the State party's report) in expressing concern that the registration of a child may be hindered by the legal requirement that children be registered only in the area of their regular address and given that many persons have no fixed place of residence.

180.     The Committee recommends that the State party continue and strengthen its ongoing efforts to ensure that birth registration is completed for all children, including through suitable amendments to legislation, the introduction of more flexible methods of registration and information campaigns.

Torture and ill-treatment

181.     The Committee is deeply concerned that children are regularly the victims of cruel, inhuman or degrading treatment, sometimes constituting torture, committed by, among others, the police, the military, teachers and in the family, and affirms that these acts are violations of children's rights.

182.     The Committee strongly urges the State party to strengthen its efforts to address the causes and incidence of torture and cruel, inhuman or degrading treatment of children by, among others, the police, the military, teachers and in the family, to end and prevent these violations of children's rights and to ensure that the persons responsible for these acts are brought to justice.  The Committee recommends in addition that the State party consider the possibility of compensation for the victims of torture and other acts.

Freedom of expression and opinion

183.     The Committee agrees with the State party (see paragraph 97 of the State party's report) in expressing concern at limitations on children's right to freedom of expression and notes that children have insufficient opportunities to express their opinions and to have these taken into consideration.

184.     The Committee recommends that the State party take steps to strengthen respect for children's right to freedom of expression, including through promotion of the Convention's provisions among parents, teachers and children themselves and in State institutions.

5.  Family environment and alternative care

185.     The Committee agrees with the State party in expressing deep concern that the State seems increasingly to be shifting its duties and responsibilities onto parents and persons effectively or legally responsible for a child's upbringing (see paragraph 121 of the State party's report).  The Committee is further concerned at the large numbers of single-parent and child‑headed households, by the diminishing role of the extended family and by the negative effect of these changes on respect for children's rights.  The Committee is concerned in addition at the increasing practice of "bi-linear" families under which a community leader assumes parental responsibilities for children and that this practice is replacing parents and has a negative impact on children.

186.     The Committee urges the State party to identify, within the framework of a coherent family policy, priorities in terms of the assistance required by parents and other guardians in the context of their care for children, and to ensure provision of the necessary

financial and human resources, in particular for single parents and child-headed households.  The Committee recommends in addition that attention be given to concerns related to "bi-linear" parenting practices.

Corporal punishment

187.     In the context of article 19 of the Convention, the Committee is concerned that the corporal punishment of children is permitted under domestic legislation and continues to be practised in State institutions, including schools and places of detention, and in the family.