UNITED

NATIONS

CRC

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/114

14 May 2002

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Twenty-ninth session

14 January-1 February 2002

REPORT ON THE TWENTY-NINTH SESSION

(Geneva, 14 January-1 February 2002)

GE.02-41800 (E) 210502

CONTENTS

Chapter Paragraphs Page

I. RECOMMENDATION ADOPTED BY THE COMMITTEE ON

THE RIGHTS OF THE CHILD ...................................................................................... 5

II. ORGANIZATIONAL AND OTHER MATTERS ................................... 1 - 19 6

A. States parties to the Convention .................................................... 1 - 4 6

B. Opening and duration of the session ................................................ 5 6

C. Membership and attendance ......................................................... 6 - 9 6

D. Agenda .......................................................................................... 10 7

E. Meeting with the United Nations High Commissioner

for Human Rights ....................................................................... 11 - 14 8

F. Pre-sessional working group ....................................................... 15 -17 9

G. Organization of work ...................................................................... 18 9

H. Future regular meetings ................................................................... 19 9

III. REPORTS SUBMITTED BY STATES PARTIES UNDER

ARTICLE 44 OF THE CONVENTION ............................................... 20 - 547 9

A. Submission of reports ................................................................. 20 - 29 9

B. Consideration of reports ............................................................. 30 - 547 11

Concluding observations: Lebanon ........................................ 30 - 92 11

Concluding observations: Greece ........................................... 93 - 176 25

Concluding observations: Gabon ......................................... 177 - 249 47

Concluding observations: Mozambique ................................ 250 - 324 65

Concluding observations: Chile ............................................ 325 - 379 90

Concluding observations: Malawi ........................................ 380 - 451 104

Concluding observations: Bahrain ........................................ 452 - 500 122

Concluding observations: Andorra ....................................... 501 - 547 134

IV. INTERSESSIONAL ACTIVITIES OF THE COMMITTEE ............... 548 - 553 142

CONTENTS (continued)

Chapter Paragraphs Page

V. COOPERATION WITH UNITED NATIONS AND OTHER

COMPETENT BODIES ..................................................................... 554 - 559 143

VI. FUTURE DAY OF GENERAL DISCUSSION ........................................ 560 144

VII. WORKING METHODS ........................................................................... 561 145

VIII. GENERAL COMMENTS ........................................................................ 562 145

IX. OPTIONAL PROTOCOLS ...................................................................... 563 145

X. BIENNIAL REPORT TO THE GENERAL ASSEMBLY ......................... 564 145

XI. DRAFT PROVISIONAL AGENDA FOR THE

THIRTIETH SESSION ............................................................................. 565 145

XII. ADOPTION OF THE REPORT ............................................................... 566 146

Annexes

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

Rights of the Child as at 1 February 2002 ................................................................... 147

II. States which have signed (94), or ratified or acceded to (13) the Optional

Protocol to the Convention on the Rights of the Child on the involvement

of children in armed conflict as at 1 February 2002 ....................................................... 153

III. States which have signed (94) or ratified or acceded to (16) the Optional

Protocol to the Convention on the Rights of the Child on the sale of

children, child prostitution and child pornography as at 1 February 2002 ....................... 156

IV. Membership of the Committee on the Rights of the Child .............................................. 159

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

Convention on the Rights of the Child as at 1 February 2002 ........................................ 160

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

the Rights of the Child as at 1 February 2002 ............................................................... 177

VII. Provisional list of reports scheduled for consideration at the Committee's

thirtieth and thirty-first sessions ..................................................................................... 186

CONTENTS (continued)

Page

VIII. Outline for the day of general discussion on "The private sector as

service provider and its role in implementing child rights" ............................................... 187

IX. International Consultative Conference on School Education in relation

with Freedom of Religion and Belief, Tolerance and Non-Discrimination

(Madrid, 23-25 November 2001): Statement by the Vice-Chairperson

of the Committee on the Rights of the Child .................................................................. 191

X. List of documents issued for the twenty-ninth session of the Committee ......................... 195

I. Recommendation adopted by the Committee

on the Rights of the Child

Organization of work

Twenty-ninth session, recommendation

The Committee on the Rights of the Child,

Stressing the crucial importance of periodic reporting by States parties, in conformity with the obligations under article 44 of the Convention on the Rights of the Child, (a) within two years after the entry into force of the Convention for the State party concerned and (b) thereafter every five years,

Noting that many States parties have yet to submit their second periodic report under the Convention,

Acknowledging that at the time of the dialogue with the Committee States parties have updated the information they provided in their initial report in the written replies submitted to the list of issues,

Expressing the need to support States parties in an effort to ensure compliance with the strict time frame established by article 44, paragraph 1, of the Convention,

1. Decides to inform States parties in the related concluding observations adopted by the Committee of the deadline for the submission of their second and, where appropriate, following periodic reports;

2. Decides, therefore, to apply the following rules:

(a) When the second periodic report is due within the year following the dialogue with the Committee, the State party shall be requested to submit that report combined with the third one; this rule also applies, mutatis mutandis, when a similar situation occurs with the third and fourth periodic reports;

(b) When the second periodic report is already due at the time of the dialogue and the third report is due two years or more after the dialogue with the State party, the State party shall be requested to submit the combined second and third reports at the time when the third report is due, as prescribed under the terms of the Convention; this rule also applies, mutatis mutandis, in cases when the second and third reports are due at the time of the dialogue;

3. Stresses that these rules apply only as an exceptional measure, taken for one time only, in an attempt to provide an opportunity for a State party to respect the strict reporting periodicity foreseen in article 44, paragraph 1, of the Convention.

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

As at 1 February 2002, the closing date of the twenty-ninth 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.

As at the same date, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict had been ratified or acceded to by 13 States parties and signed by 94 States. The Optional Protocol entered into force on 12 February 2002. Also at the same date, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography had been ratified or acceded to by 16 States parties and signed by 94 States. It entered into force on 18 January 2002. 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 are contained in annexes II and III to the present report.

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.

As at 1 February 2002, 113 States parties to the Convention had notified the Secretary‑General of their acceptance of the amendment to article 43, paragraph 3, of the Convention increasing the membership of the Committee from 10 to 18 members (resolution 50/155); 128 notifications are needed (two thirds of States parties) in order for the amendment to enter into force.

B. Opening and duration of the session

The Committee on the Rights of the Child held its twenty-ninth session at the United Nations Office at Geneva from 14 January to 1 February 2002. The Committee held 28 meetings (750th-777th). An account of the Committee's deliberations at its twenty‑ninth session is contained in the relevant summary records (CRC/C/SR.750-754; 757‑758; 761-766; 769-772 and 777).

C. Membership and attendance

All the members of the Committee attended the twenty-ninth session. A list of the members, together with an indication of the duration of their terms of office, is provided in annex IV to the present report. Ms. Amina Hamza El Guindi, Ms. Marilia Sardenberg and Mr. Luigi Citarella were not able to attend the session in its entirety.

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).

The following specialized agencies were also represented at the session: International Labour Organization (ILO), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO).

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, Save the Children Norway, World Organization against Torture.

Others

NGO Group for the Convention on the Rights of the Child, NGO Working Group for Nutrition, International Baby Food Action Network, Greek Helsinki Monitor, Rede da Criaça (Mozambique).

D. Agenda

At the 750th meeting, on 14 January 2002, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/112):

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. Biennial report to the General Assembly.

9. Future meetings.

10. Other matters.

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

At the opening meeting of the session (750th), the United Nations High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.

Mrs. Robinson informed the Committee that the final version of the Durban Declaration and Programme of Action was available and explained that the World Conference texts would now need to be endorsed by the General Assembly. At the beginning of 2002, she had set up an Anti‑Discrimination Unit, as recommended in the Durban Programme of Action, to take the lead in developing and implementing OHCHR's follow-up role.

Mrs. Robinson further referred to the Conference on School Education in relation with Freedom of Religion and Belief, Tolerance and Non-Discrimination, held in Madrid from 23 to 25 November 2001, and noted that it had provided an important opportunity to consider a challenging and sensitive issue following both 11 September and the Durban Conference. The initiative had been taken by Abdelfattah Amor, Special Rapporteur on freedom of religion or belief, in partnership with the Government of Spain. The main objective of the Conference had been to formulate a strategy on the prevention of intolerance and discrimination based on religion or belief by redesigning the role that school education should play at primary and secondary level. The Conference had been attended by some 800 participants, including 80 representatives of States. Mrs. Robinson said that the Committee's contribution had been very well received. Its general comment on the aims of education (art. 29, para. 1) had been given wide circulation and had proved to be a useful tool in formulating recommendations. The Madrid Final Document recommended ways and means by which curricula, textbooks and teaching methods should help promote tolerance and combat discrimination based on religion or belief.

Finally, the High Commissioner welcomed the decision of the Committee to hold a day of general discussion on the issue of the private sector and child rights, a topic, she said, on which a great deal of work still needed to be done and for which the expertise of the Committee and its partners would be useful. Mrs. Robinson said that OHCHR was taking part in the debates on the human rights dimension of the business sector and corporate responsibility and it was also active in the Global Compact project, which involved a large number of major private companies. The Committee's day of discussion would provide a chance to deepen understanding of the social responsibilities of the private sector, including the way that privatization of servicing affected the enjoyment by children of their human rights.

F. Pre-sessional working group

In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 15 to 19 October 2001. All the members except Ms. Al‑Thani, Ms. Sardenberg and Ms. El-Guindi 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 on the Rights of the Child, as well as representatives from various national and international non-governmental organizations, also attended.

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.

Mr. Jaap Doek chaired 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 (Greece, Gabon, United Arab Emirates, Mozambique, Malawi, Bahrain and Andorra) and the second periodic reports of two countries (Lebanon and Chile). 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 1 December 2001.

G. Organization of work

The Committee considered the organization of its work at its 750th meeting, on 14 January 2002. The Committee had before it the draft programme of work for the twenty‑ninth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-eighth session (CRC/C/111).

H. Future regular meetings

The Committee noted that its thirtieth session would take place from 21 May to 7 June 2002 and that its pre-sessional working group for the thirty-first session would meet from 10 to 14 June 2002.

III. REPORTS SUBMITTED BY STATES PARTIES

UNDER ARTICLE 44 OF THE CONVENTION

A. Submission of reports

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/113);

(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.20).

The Committee was informed that, in addition to the nine 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-ninth session (see CRC/C/111, para. 16), the Secretary-General had received the initial report of Eritrea (CRC/C/41/Add.12), Kazakhstan (CRC/C/41/Add.13), Zambia (CRC/C/11/Add.25) and Brunei Darussalam (CRC/C/61/Add.4) and the second periodic reports of Japan (CRC/C/104/Add.2) and India (CRC/C/93/Add.5).

A list of initial and second periodic reports considered by the Committee as of 1 February 2002, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's thirtieth and thirty-first sessions, are contained in annexes VI and VII, respectively.

As at 1 February 2002, the Committee had received 167 initial and 53 periodic reports. A total of 172 reports (151 initial and 21 second periodic) have been considered by the Committee (see annex VI).

In a note verbale dated 13 December 2001, the Government of Tunisia submitted information regarding recent developments that took place in the country in the area of child rights.

In a note verbale dated 16 January 2002, the Government of the United Arab Emirates requested that the consideration of its initial report, initially scheduled to take place during the twenty‑ninth session, be postponed to the thirtieth session of the Committee. The Committee accepted the request in its response dated 24 January 2002.

At its twenty-ninth session, the Committee examined initial and periodic reports submitted by eight States parties under article 44 of the Convention. It devoted 16 of its 28 meetings to the consideration of reports (see CRC/C/SR.751-754; 756-757; 761-764; 769‑772 and 777).

The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty-ninth session: Lebanon (CRC/C/70/Add.8), Chile (CRC/C/65/Add.13), Greece (CRC/C/28/Add.17), Gabon (CRC/C/41/Add.10), Mozambique (CRC/C/41/Add.11), Andorra (CRC/C/61/Add.3), Malawi (CRC/C/8/Add.43), Bahrain (CRC/C/11/Add.24).

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.

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

Concluding observations of the Committee on

the Rights of the Child: Lebanon

At its 751st and 752nd meetings (CRC/C/SR.751-752), held on 15 January 2002, the Committee on the Rights of the Child considered the second periodic report of Lebanon (CRC/C/70/Add.8), which was received on 4 December 1998, and adopted, at its 777th meeting, (CRC/C/SR.777) held on 1 February 2002, the following concluding observations.

A. Introduction

The Committee welcomes the submission of the State party's second periodic report, which contained interesting information about the theoretical background of the approach to the implementation of the rights of the child. Although the response to the list of issues was received very late, the Committee welcomes the additional updated statistical information it contained. The Committee notes with appreciation that the well-informed delegation contributed to a frank, informative and constructive dialogue.

B. Positive aspects

The Committee notes the State party's commitment to the issue of child rights and the efforts made to collect reliable information on the situation of children as well as to disseminate and create awareness of the Convention, notably by integrating the Convention into school curricula. It further notes the preparation by the Higher Council for Childhood of a legal comparative study of the legislation and of the Convention, resulting in a series of proposals for legislative reform.

In light of its previous recommendations (CRC/C/15/Add.54, para. 23), the Committee notes with satisfaction the legislative changes and the adoption of several new laws, including

the law making education until the age of 12 free and compulsory, the amendment of the Labour Law raising the minimum age for employment and the adoption of stricter legislation on child labour, and the extensive legislative changes addressing the rights of children with disabilities.

The Committee notes with satisfaction that the State party ratified in 2001 the ILO Convention (No. 182) on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, and acceded in the year 2000 to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

C. Factors and difficulties impeding the implementation of the Convention

The Committee acknowledges that the difficulties resulting from the destruction of much of the infrastructure during the conflict in Lebanon from 1975 to 1990, the substantial reconstruction requirements, particularly in southern Lebanon, as well as political instability and economic difficulties are factors impeding the implementation of the provisions of the Convention.

D. Principal subjects of concern and recommendations of the Committee

1. General measures of implementation

Previous recommendations of the Committee

The Committee regrets that many of the concerns expressed and recommendations made in the concluding observations (CRC/C/15/Add.54) adopted following its consideration of the State party's initial report (CRC/C/8/Add.23) have been insufficiently addressed. The Committee notes that many of the same concerns are expressed and recommendations made in the present document.

The Committee urges the State party to make every effort to address the recommendations contained in the concluding observations on the initial report that have not yet been implemented and to address the list of concerns contained in the present concluding observations on the second periodic report.

Legislation

While noting that part of the national legislation has been amended, and continues to be reviewed, in line with the previous recommendations (ibid., para. 13), the Committee remains concerned about continuing inconsistencies between domestic legislation and the Convention, particularly in the areas of right to nationality, age of marriage, custody, guardianship, inheritance and the rights of refugee children, among others.

The Committee recommends that the State party reinforce its efforts towards legal reform, particularly regarding the different confessional justice systems, in cooperation with the confessional groups concerned, with a view to ensuring full conformity of domestic legislation with the principles and provisions of the Convention on the Rights of the Child.

Coordination

While noting the completion of the National Plan of Action for Survival, Protection and Development of Children in Lebanon, the Committee observes that this plan falls short of a comprehensive social policy and national strategy for implementing the Convention in line with the Committee's recommendation, as acknowledged by the State party (CRC/C/15/Add.54, para. 22). The Committee is furthermore concerned that the role of the Higher Council for Children as a mechanism for coordination remains unclear and undefined in practice.

The Committee recommends that the State party develop a comprehensive and holistic social and economic strategy, including budget implications and a time frame for the implementation of the rights stipulated in the Convention, and continue its cooperation with UNICEF in this respect. It furthermore reiterates its recommendation to the State party to undertake a review of the present central administrative structures in order to ensure effective coordination of policies and programmes on matters of child rights and child welfare (ibid., para. 22).

Data collection

While noting the significant efforts of the State party to collect reliable data on the situation of children, the Committee is concerned that a specific list of indicators has not yet been adopted to effectively assess progress and design policies to implement the Convention.

The Committee recommends that the State party:

(a) Develop child-related indicators in line with the Convention, disaggregated by gender, ethnicity, religion, region and other indicators to assess implementation of the Convention;

(b) Seek technical assistance from, among others, UNICEF in this regard.

Independent monitoring structures

The Committee regrets that its previous recommendation to the State party to develop a permanent and multidisciplinary mechanism for monitoring the implementation of the Convention has not been followed up (ibid., para. 24). The Committee notes the information that the Higher Council for Childhood is dealing with complaints about the violations of the rights of children in an informal way, but is concerned that the combination of a coordinating and a monitoring role would hamper effective and independent monitoring of the implementation of the Convention.

The Committee encourages the State party:

(a) To reinitiate the process of establishing an independent national human rights institution, in accordance with the Paris Principles relating to the status of national institutions (General Assembly resolution 48/134), to monitor and evaluate progress in the implementation of the Convention at the national and, if appropriate, at the local level, including implementation by the private sector and NGOs as providers of services to children. This institution should be empowered to receive and investigate individual complaints of violations of child rights in a child-sensitive manner and address them effectively; and

(b) To seek technical assistance from, among others, OHCHR and UNICEF.

Allocation of budgetary resources

The Committee regrets that the data provided by the State party lack specificity with regard to the amounts allocated to children from the budget. While noting that an increased proportion of GNP has been allocated to social services as compared with 1993, the practical impact of this increase on the situation of children is not clear.

In light of articles 2, 3 and 4 of the Convention, the Committee recommends that the State party:

(a) Strengthen its efforts to reduce poverty among children and 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 full implementation of the economic, social and cultural rights of children, in particular for children belonging to the most vulnerable groups in society;

(b) Identify the amount and proportion of the State budget spent on children in the public, private and NGO sectors in order to evaluate the impact and effect of the expenditures and also, in view of the costs, the accessibility, quality and effectiveness of the services for children in the various sectors;

(c) Strengthen the overall priority given in the national budget to child-related programmes, in accordance with the Committee's previous recommendation (ibid., para. 29).

Training/dissemination of the Convention

While noting with appreciation the efforts undertaken by the State party to publicize the principles and provisions of the Convention widely, including the convening of a Children's Parliament and press conference and integration of the Convention in school curricula, as well as the interest of the media, the Committee is of the opinion that the measures to create widespread awareness and understanding of the principles and provisions of the Convention need to be further strengthened and implemented in an ongoing, systematic basis.

The Committee reiterates its recommendation (ibid., para. 26) that the State party strengthen its awareness-raising efforts and encourages the State party to undertake systematic education and training on the rights in the Convention for all professional groups working for and with children, in particular parliamentarians, judges, lawyers, law enforcement officials, civil servants, municipal workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, social workers, religious leaders, as well as children and their parents. Technical assistance from, among others, OHCHR and UNICEF could be requested in this regard.

2. Definition of the child

Noting the average age at which a marriage is concluded (31 years for men and 28 years for women), the Committee is nevertheless concerned that there are many different minimum ages for marriage owing to the existence of 15 personal status laws administered by different confessional groups, and above all that some confessional groups permit marriage to be entered into by boys as young as 14 and girls as young as 9. The Committee is concerned in particular that its previous recommendations to review the minimum age for marriage and to adopt legislative measures with a view to ensuring respect for the rights of girls, especially in relation to preventing early marriage, have not been followed up (ibid., para. 28). Furthermore, in light of its previous concluding observations, the Committee is concerned at the very low age of criminal responsibility, which is set at 7 years (ibid., para. 23). Finally, while noting the very positive steps taken to raise the minimum age for the completion of compulsory education (12 years) and the plans to raise the age further to 15 and to increase the minimum age of employment to the end of the thirteenth year, the Committee is concerned about the gap between the two ages.

The Committee recommends that the State party:

(a) Take all necessary steps to increase awareness among the confessional groups ‑ e.g. via information campaigns highlighting the de facto average age of marriage ‑ about the need to harmonize the minimum age for marriage, to raise it and to make it the same for boys as for girls;

(b) Raise the minimum age for criminal responsibility and other minimum age requirements in accordance with the principles and provisions of the Convention, and ensure that they are gender neutral and are enforced by law; and

(c) Pursue its plans to erase the gap between the school-leaving age and the minimum age for employment by increasing both to 15, in conformity with ILO Convention No. 138.

3. General principles

Non-discrimination

The Committee welcomes the information on regional policies to eliminate social disparities and promote equal opportunities. However, it is concerned that the principle of non‑discrimination (article 2 of the Convention) is not fully implemented for girls, refugee and

asylum-seeking children, Palestinian children, children with disabilities, and children living in less advantaged regions and rural areas, especially with regard to their access to health and adequate educational facilities.

In accordance with article 2 of the Convention, the Committee recommends that the State party:

(a) Make concerted efforts at all levels to address discrimination, notably discrimination based on gender, disability, religion, and national, ethnic, or social origin, through a review and reorientation of policies, including increased budgetary allocations for programmes targeting the most vulnerable groups;

(b) Ensure effective law enforcement, undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination; and

(c) In line with the previous recommendation regarding gender discrimination (ibid., para. 28), ensure respect for the rights of girls, especially in relation to the prevention of early marriage.

The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).

Best interests of the child

The Committee is concerned that the comparative studies regarding the compatibility between the Convention and domestic legislation have not examined the implications of the general principle of the best interests of the child in relation to the State party's laws, as previously recommended (CRC/C/15/Add.54, para. 35), its policies on issues such as institutionalization and imprisonment, and its practices with regard to children with disabilities.

The Committee reiterates its recommendation to the State party to take all appropriate measures to ensure that the general principle of the best interests of the child is appropriately integrated in all legislation, as well as in judicial and administrative decisions and in policies, programmes and services which have an impact on children.

Right to life

Noting the statement by the delegation that the problem of crimes committed in the name of honour do not exist in the State party, the Committee is nevertheless concerned that the provisions relating to "honour crimes" remain in the Penal Code. It is deeply concerned at the statement by the delegation that in some cases such crimes are not punished at all.

The Committee recommends that the State party:

(a) Rapidly review its legislation with a view to eliminating all provisions allowing sentences to be reduced if the crime in question is committed in the name of honour;

(b) Amend the law in accordance with international standards and ensure prompt and thorough investigations and prosecutions; and

Respect for the views of the child

Taking note of the efforts by the State party, including the convening of a children's parliament, the Committee is concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in the schools, civil courts, administrative decisions, and especially within the family.

The Committee recommends that the State party:

(a) Promote and facilitate, within the family, the schools, the courts and administrative bodies, respect for the views of children and their participation in all matters affecting them, in accordance with article 12 of the Convention;

(b) Develop skills-training programmes in community settings for teachers, social workers, local officials and confessional leaders to enable them to assist children to express their informed views and opinions and to have them taken into consideration; and

4. Civil rights and freedoms

Right to a nationality

The Committee notes with concern that the law does not grant equal citizenship status to children of Lebanese women married to non-nationals, as it does where the father is Lebanese; this may result in statelessness.

The Committee recommends that the State party ensure the right of the child to a nationality without discrimination on the basis of the gender of the parent(s), in accordance with articles 2 and 7 of the Convention.

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

or punishment

The Committee is concerned at allegations that children as young as 15 have been subjected to torture and ill-treatment during incommunicado detention.

In light of article 37 (a) of the Convention, the Committee strongly recommends that the State party:

(a) 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 ill-treatment of children;

(b) Ensure that alleged perpetrators are transferred from active duty or suspended while they are under investigation, that they are dismissed and punished if convicted, and that court proceedings and sentences are publicized;

(d) In the light of article 39, take all appropriate measures to ensure the physical and psychological recovery and social integration of child victims of torture and/or ill‑treatment.

5. Family environment and alternative care

Children deprived of a family environment

The Committee is deeply concerned at the large number of children placed in institutions, a significant majority of whom are placed there because of socio-economic problems affecting their families and without judicial procedure. It notes with concern that the institutions, which are often run by non-governmental organizations, are contracted by the Ministry of Social Affairs and are not at present subject to monitoring. The Committee notes the information provided by the delegation that legislation and procedures regarding alternative care are in place.

The Committee recommends that in the light of article 9, the State party:

(a) Take effective measures to implement fully the legislation relating to alternative care of children to ensure that a child is not separated from his or her parents against its will, except when competent authorities subject to judicial review and procedures determine that such separation is necessary for the best interests of the child; and

(b) Pursue its plans to review its policies resulting in a large number of children being placed in institutions and improve the monitoring and evaluation of services provided by non-governmental organizations in this regard.

Violence/abuse/neglect/maltreatment

The Committee is concerned that violence used as a means of discipline in the home and at school is culturally and legally acceptable in the State party, and regrets that no follow-up to the Committee's previous recommendation (ibid., para. 37) has been initiated. The Committee is furthermore concerned that there is insufficient information and awareness of domestic violence and its harmful impact on children. Finally, the Committee is concerned that despite its prohibition by ministerial decision, corporal punishment is still practised in schools.

The Committee urges the State party urgently to take all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family and the schools, and furthermore recommends that the State party:

(a) Conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;

(b) Carry out public education campaigns about the negative consequences of ill‑treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment;

(c) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervening where necessary;

(d) Investigate and prosecute instances of ill-treatment, ensuring that the abused child is not victimized in legal proceedings and that his/her privacy is protected;

(e) Provide care, recovery and reintegration for victims;

(f) Train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases;

(g) Take into consideration the recommendations of the Committee adopted at its days of general discussion on children and violence (see CRC/C/100, para. 688 and CRC/C/111, paras. 701-745);

(h) Seek assistance from, among others, UNICEF and WHO.

6. Basic health and welfare

Children with disabilities

While welcoming the extensive legislation adopted for children with disabilities, the Committee remains concerned that children with disabilities continue to be subject to discrimination in the areas of health coverage, access to specialized services, family support and education.

The Committee urges the State party:

(a) To review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69);

(b) To make greater efforts to provide the necessary resources (financial and professional);

(d) To make greater efforts in the area of prevention by reviewing, inter alia, health programmes and policies relating to pregnancy, birth and child health; and

(e) To seek assistance from, among others, UNICEF, WHO and relevant NGOs.

Right to health and health care

The Committee notes the achievements by the State party in the area of health care, notably the downward long-term trend in infant and child mortality and the improvements in the area of immunization. It further notes the large increase in the percentage of the budget allocated to this sector. Nevertheless, the Committee is concerned about the unequal enjoyment of the right to access primary health-care services by children in different parts of the country, resulting in wide regional and social variations in infant and child mortality and the quality of care. The Committee is deeply concerned that children do not enjoy equal access to quality health care owing to the high cost of health care and the failure of insurance schemes to provide full coverage, and in part to the domination of the health sector by the private sector and significant differences between the quality of the care provided by the public versus the private sector. The Committee regrets that any follow-up to its previous recommendation (ibid., para. 30) has had little impact on the realization of the right to health for children.

The Committee urges the State party:

(a) To reinforce its efforts to allocate appropriate resources and develop and adopt policies and programmes to improve and protect the health situation of children, particularly in the regions with the highest mortality rates;

(b) To ensure equal access to and quality of health care for all children, independent of socio-economic factors, and encourages the State party to provide health insurance for all children, irrespective of whether their parents are working;

(c) To initiate effective follow-up to its previous recommendation and in view of the high budgetary expenditures in the health sector in particular, to examine the impact on the practical realization of the right to health for all children irrespective of socio‑economic factors;

(d) To consider adopting and implementing the integrated management of childhood illness strategy to combat the most common childhood illnesses and malnutrition; and

(e) To seek technical assistance from, among others, WHO and UNICEF.

With reference to its previous recommendation (ibid., paras. 34, 38) the Committee notes the difficulties acknowledged by the State party in enforcing a law prohibiting the free distribution of milk substitutes and notes that the commercial marketing of infant formula is still widespread. It also notes with deep concern that one in every five married women is married to her maternal or paternal cousin or another relative, and that 30 per cent of disabled children are born to consanguineous marriages.

The Committee recommends that the State party:

(a) Strengthen its efforts to promote breastfeeding and encourage the introduction of adequate maternity leave for all working mothers in the spirit of article 18 (2); and

(b) To disseminate information on the risks to the health of children born to consanguineous marriages and encourage premarital testing.

Standard of living

The Committee is concerned that the overall standard of living of many children is very low, as measured by income-related indicators such as access to housing, water, sanitation and education. In particular, it expresses concern at the large regional disparities in living standards, particularly with regard to children living in the governorates of the north, Nabatiyah and Bekaa, and Palestinian children.

The Committee recommends that the State party take steps to improve the standard of living of children, giving particular attention to housing, water and sanitation, as well as education. The Committee further recommends the adoption of measures to reduce regional disparities.

7. Education, leisure and cultural activities

Education

While noting with appreciation the number of initiatives undertaken, in particular the law making basic education free and compulsory until the age of 12 and the intention to raise it

further to 15, the Committee is nevertheless concerned about the implementation of the law, including that public education is not entirely free. The Committee is furthermore concerned at the lack of public structures in early childhood education, regional disparities, the differences in cost and quality between State and private schools, which create inequality, the high drop-out rates after primary education, the low number of trained teachers, as well as reports of family preference for male over female children when fees are charged.

The Committee recommends that the State party:

(a) Take all appropriate measures, including the allocation of adequate financial, human and technical resources, to improve the situation and aims of education, taking into account general comment No. 1 on article 29 (1) of the Convention (aims of education), both with regard to quality as well as relevance, and to ensure that all children enjoy the right to education;

(b) Take the necessary steps to achieve its goal of making education free and compulsory until the age of 15;

(c) Seek to implement additional measures to promote early childhood education and encourage children to stay in school, and adopt effective measures to reduce illiteracy;

(d) Place stronger emphasis on public education, with a view to ensuring that all children subject to the jurisdiction of the State enjoy this fundamental right, and prevent any risk of discrimination, in accordance with the Committee's previous recommendation (ibid., para. 30) regarding the growing role of private educational institutions;

(e) Continue cooperation with UNESCO and UNICEF in improving and activating the education sector.

8. Special measures of protection

Children affected by armed conflict

The Committee notes with concern the negative impact of the past armed conflict on children, including increasing vulnerability to socio-economic deprivation, displacement and injury from landmines, as well as of past practices of recruitment of children by armed groups during the civil war.

The Committee reiterates its previous recommendation (ibid., para. 42) and urges the State party to continue and strengthen its efforts to provide for adequate psychosocial recovery and reintegration of victims of violence and the armed conflict in Lebanon. It also encourages the State party to continue and strengthen its demining activities and to seek the necessary technical and financial support from the international community.

Refugees

The Committee is concerned at the absence of legislative or administrative provisions to protect refugee children. Issues of concern include the fact that only men may confer citizenship upon their children, instances of separation of children from their asylum-seeking parents during detention, as well as difficulties regarding full access to education.

The Committee reiterates its previous recommendation (ibid., para. 41) that the State party accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. It further encourages the State party to accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Furthermore, it encourages the State party to ensure that refugee children are provided with proper documentation, refrain from separating refugee children from their parents, facilitate family reunification and ensure the right to education for all refugee children.

Palestinian children

The Committee is concerned about the high rate of Palestinian children living below the poverty line, as well as the lack of adequate access by Palestinian children to many basic rights, including health, education and an adequate standard of living, and about the quality of services provided.

The Committee reiterates its recommendation (ibid., para. 40) that the State party, in cooperation with United Nations Relief and Works Agency for Palestine Refugees in the Near East, seek ways of addressing the socio-economic problems among Palestinian children that affect children negatively, including teaching about the Convention in the school and include children in development programmes.

Child labour

While noting the measures taken by the State party in this sector, including raising the minimum age for employment, the Committee is concerned that despite stricter laws on child labour, a high percentage of working children are involved in activities which represent a danger to their health and development. The Committee welcomes the collaboration with ILO/IPEC in combating and preventing child labour.

The Committee recommends that the State party:

(a) Continue and strengthen its cooperation with ILO/IPEC and carry out campaigns to inform and sensitize the general public, especially parents and children, of work hazards, as well as strengthen labour inspections and law enforcement; and

(b) Make every effort to ratify and implement ILO Convention (No. 138) on the Minimum Age for Admission to Employment and seek assistance from ILO in this regard.

Sexual exploitation

The Committee is concerned at the insufficient data on and awareness of the phenomenon of sexual exploitation of children in Lebanon.

In light of article 34 and other related articles of the Convention, the Committee recommends that the State party undertake studies with a view to assessing the scope of commercial sexual exploitation of children, including prostitution and pornography, and implement appropriate policies and programmes for preventing such exploitation and for the rehabilitation and recovery of child victims in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children.

Administration of juvenile justice

While welcoming the initiation of a process of reform of the law on juvenile justice in line with the previous recommendation (CRC/C/15/Add.54, para. 44), the Committee is concerned about reports that the draft does not comply with several provisions of the Convention. The Committee notes that the draft is still under consideration and that necessary amendments or other changes can still be made. The Committee is furthermore concerned about the failure to separate juveniles, particularly girls, in conflict with the law from adults, and that juveniles are often held in adult prisons.

The Committee recommends that the State party expedite the review of the draft legislation in order to:

(a) Establish as soon as possible a system of juvenile justice, fully integrating into its legislation and practice the provisions of the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the Vienna Guidelines for Action on Children in the Criminal Justice System;

(b) Ensure that deprivation of liberty is only used as a measure of last resort, that children have access to legal aid and independent and effective complaints mechanisms, and that persons under 18 are not detained with adults;

(c) Treat children or juveniles in conflict with the law and children or juveniles at risk in a different and distinct manner so that they are not placed in the same institutions with the same regimes or restrictions; and

(d) Seek assistance from, among others, OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance on Juvenile Justice.

9. Optional Protocols to the Convention

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.

10. Dissemination of documentation

Finally, the Committee recommends that in accordance with article 44, paragraph 6, of the Convention, the second periodic report presented by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion, and the concluding observations adopted by the Committee following its consideration of the report. 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, the parliament and the general public, including concerned non‑governmental organizations.

Concluding observations of the Committee on the

Rights of the Child: Greece

The Committee considered the initial report of Greece (CRC/C/28/Add.17) at its 753rd to 754th meetings (CRC/C/SR.753-754), held on 16 January 2002, and adopted, at the 777th meeting (CRC/C/SR.777), held on 1 February 2002, the following concluding observations.

A. Introduction

The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/GRE/1). The Committee regrets that the initial report was submitted five years late and that the State has not yet submitted a human rights core document. The Committee notes that while the report contained very useful information on the legislative framework relevant to the Convention's implementation within the State party, it lacked sufficient information on the effects to implement the Convention itself. The Committee notes with regret that the report did not include a specific section on general measures of implementation, as required under the Committee's reporting guidelines (CRC/C/5). The Committee welcomes the detailed information provided in the State party's replies to the list of issues. The Committee welcomes the State party's large delegation composed of experts from several ministries that contributed to the informative dialogue that took place.

B. Positive factors

The Committee notes that the Convention forms a part of national law and takes precedence over domestic legislation.

The Committee welcomes the State party's recent ratification of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

The Committee welcomes: the law (2646/1998) on the development of the national system of social care; the law (2716/2001) on the provision of mental health services; the law (2889/2001) on the improvement and modernization of the national health system creating, inter alia, a decentralized system which may contribute to better accessibility of health‑care services for children, in particular those living in remote areas; and law (2920/2001) on the establishment of a body of inspectors of health and welfare services.

The Committee also notes the establishment of the National Observatory on the Rights of Children for the monitoring and implementation of the Convention.

The Committee notes efforts to raise awareness among children of their rights and to sensitize them to global issues through, inter alia, the implementation of the "Schools as defenders of children" programme and the "Children write and paint about their rights" programme.

The Committee notes the establishment of the Youth Parliament and of Pupils' Councils.

C. Factors and difficulties impeding the implementation of the Convention

The Committee notes that the State party is facing new challenges with the growth of a multicultural society, including different languages and ethnic and religious backgrounds.

The Committee notes the difficulties posed by urbanization in ensuring respect for the rights of children in some isolated and rural communities.

D. Principal subjects of concern, suggestions and recommendations

1. General measures of implementation

Legislation

The Committee notes the ongoing efforts by the State party to introduce relevant legislation. The Committee remains concerned that some aspects of domestic legislation are still not consistent with the principles and provisions of the Convention and that implementation of existing legislation needs to be improved.

The Committee recommends that the State party:

(a) Harmonize its legislation with the principles and provisions of the Convention;

(b) Strengthen implementation of domestic legislation towards improved protection of children's rights;

(d) Proceed with ratification of the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption adopted at The Hague in 1993.

Implementation and coordination

While noting the involvement of many ministries in the implementation of the Convention, the Committee remains concerned:

(a) At the lack of a clear structure or body for the coordination of the Convention's implementation both at the national level and, via the process of decentralization, at the regional level;

(b) That considerable disparities exist between urban and rural areas with regard to the Convention's implementation.

The Committee recommends that the State party:

(a) Establish a coordinating body with adequate authority and sufficient human, financial and other resources to support effective coordination for the full implementation of the Convention;

(b) Implement measures to reduce disparities in the Convention's implementation and ensure equal access to services such as education, health, welfare and others, for all children, including those in isolated regions.

Decentralization

Noting the State party's progress in decentralizing health services, the Committee remains concerned that many services fundamental to the Convention's implementation remain centralized in the main cities.

The Committee recommends that the State party:

(a) Strengthen the Convention's overall implementation throughout the country, giving particular attention to rural and small island communities and ethnic, national, cultural and other population groups, including through ongoing efforts to strengthen the presence of health and education professionals in such communities;

(b) Promptly implement the laws on decentralization of health and social services.

Independent monitoring

In light of the establishment of the National Observatory on the Rights of Children, and given the existence of the Ombudsman's Office and the National Human Rights Committee, the Committee is concerned that there is no clear division of labour between these bodies, which may have a negative impact on effective monitoring of the Convention's implementation.

The Committee recommends that the State party:

(a) Clearly define the role of each of the above bodies in accordance with the Paris Principles, and ensure that they are easily accessible for children and can deal with individual complaints in a child sensitive manner;

(b) Proceed with its efforts to develop the work of the National Observatory on the Rights of Children, including through the timely implementation of the law on the Observatory.

Plan of action and children's rights policy

While noting the existence of numerous plans of action and policies focusing on specific issues of concern to children, the Committee remains concerned at the absence of a general plan of action for children's rights and a comprehensive children's rights policy.

The Committee recommends that the State party urgently develop and implement a comprehensive children's rights policy and plan of action.

Resources for children

The Committee is concerned that it is unclear what percentage of the budget is allocated for children's health and education and that the allocations for public education appear to be low.

The Committee recommends that the State party clarify the amount of the budgetary allocations for social services and ensure that allocations, particularly for education, are allocated to the "maximum extent of … available resources", in accordance with article 4 of the Convention.

Data

The Committee is concerned at the absence of up‑to‑date and comprehensive data with regard to the implementation of the Convention and, in particular, that the data collected by individual ministries and other bodies are not integrated into a central data‑collection mechanism.

Noting the State party's efforts in this domain, the Committee recommends that the State party:

(a) Strengthen its efforts to develop data collection systems and indicators consistent with the Convention and covering all children up to the ages of 18 years, with an emphasis on those who are particularly vulnerable, such as child victims of abuse, neglect or ill-treatment; children with disabilities; children who are not citizens of the State party; children belonging to distinct ethnic, religious, linguistic or cultural groups; children in conflict with the law; children who work; adopted children; and children living in the streets and rural areas;

(b) Ensure that the data collected are disaggregated by, inter alia, age and gender, and include up‑to‑date information on budgetary allocations relevant to the Convention's implementation;

(c) Ensure that data collected by various ministries and other bodies are centralized and used in the formulation, evaluation and strengthening of policies and programmes for the effective implementation and monitoring of the Convention.

Cooperation with NGOs

While noting the involvement of some NGOs in the preparation of the State party's initial report, the Committee remains concerned that other relevant NGOs working on human rights, including children's rights, and including NGOs from distinct ethnic, religious, linguistic and cultural groups were not involved in the process and that communication with part of the NGOs community has been insufficient.

The Committee recommends that the State party make every effort to further improve cooperation and coordination on a regular basis with NGOs and involve them in the Convention's implementation, giving particular attention to NGOs working on behalf of the rights of children from distinct ethnic, religious, linguistic and cultural groups, such as the Roma.

Dissemination of the Convention

Acknowledging the State party's efforts in this regard, the Committee is concerned that knowledge and understanding of the Convention among children, professionals working with children, distinct ethnic, religious, linguistic or cultural groups and among the public in general is still insufficient. The Committee is concerned, in addition, that the Convention has not been translated into the languages of some sectors of the population, such as the Roma language.

The Committee recommends that the State party:

(a) Strengthen its efforts to provide training for professionals - such as teachers, health professionals including psychological care specialists, social workers, law enforcement officials, judges, lawyers and national ministerial and local government

officials with responsibility for children's rights - children, parents and the population in general, and distinct ethnic, religious, linguistic or cultural groups, on the Convention and its principles and provisions and other relevant human rights instruments in a systematic and ongoing manner;

(b) Adopt measures to ensure that training and/or information campaigns reach, among others, populations in rural communities and illiterate persons;

(c) Ensure that translated versions of the Convention are disseminated, as needed, in the languages spoken within the State party by the distinct groups referred to under paragraph 120 (a) of these concluding observations.

2. Definition of the child

Taking note of the State party's indication of its intention to change legislation and define the age of majority uniformly as 18, and noting the Special Committee that has been appointed in this regard, the Committee is concerned:

(a) At inconsistencies in the definitions of a child within the State party's legislation, including that under civil law a minor is a person who has not reached age 18 while under penal law a minor is a person who has not reached 17;

(b) That domestic legislation allows the drafting into the armed forces of children aged 17.

The Committee recommends that the State party:

(a) Clarify the age of majority, with particular regard to penal law and the international practice that juvenile justice standards are extended to children up until age 18;

(b) Raise, in light of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict signed by the State party in September 2000, the minimum age at which persons can be conscripted into the armed forces to at least age 18.

3. General principles

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, as well as in policies and programmes relevant to children.

The Committee recommends that the State party:

(a) Appropriately integrate the general principles of the Convention, in particular the provisions of articles 2, 3 and 12, in all relevant legislation concerning children and apply them in all political, judicial and administrative decisions, as well as in projects, programmes and services which have an impact on children;

(b) Make use of these principles to guide planning and policy-making at every level, as well as actions taken by social, health, welfare, penal and other institutions.

Non-discrimination

While noting the State party's legislation against xenophobia and hate speech, the Committee remains deeply concerned:

(a) At the discrimination, including some societal discrimination and instances of xenophobia, against, among others, children from distinct ethnic, religious, linguistic or cultural groups within the State party;

(b) At the fact that domestic legislation does not include a prohibition of discrimination on the ground of disability.

The Committee recommends that the State party:

(a) Urgently strengthen its efforts to end all forms of discrimination affecting children, as provided in article 2 of the Convention, including through the strengthening of the implementation of anti-discrimination laws and the possibilities for children and their parents who have been victims of discrimination to seek recourse through the judicial system;

(b) Amend domestic legislation so as to ensure a prohibition of discrimination on the ground of disability;

(c) Implement measures to ensure equal access to services such as education and health, welfare and other social services for all children without distinction, including children from distinct ethnic, religious, linguistic or cultural groups;

(d) Introduce public awareness and sensitivity campaigns on tolerance and respect for the other.

Life, survival and development

The Committee is concerned:

(a) At the very high rate of accidents, especially road accidents and domestic accidents of poisoning, of which children are victims in the State party;

(b) At the very poor educational and health statistics relating to children from Roma communities.

The Committee recommends that the State party take steps:

(a) To prevent road accidents and domestic accidents of poisoning involving children;

(b) To improve respect for the rights to life, survival and development of Roma children, including through proactive efforts on the part of relevant authorities.

Respect for the views of the child

The Committee is concerned that children's opinions are insufficiently taken into consideration in the context of judicial or administrative decisions, including in the context of child custody procedures following parental separation and decisions to place a child in a State institution, foster care, or other form of alternative care. The Committee is also concerned that the Youth Parliament does not represent the views of a sufficiently wide spectrum of children in the State party.

The Committee recommends that the State party:

(a) Strengthen its efforts, including in respect of legislation, to ensure that children's views are heard and taken into consideration in all judicial, administrative and other decisions affecting them and in accordance with the child's age and maturity;

(b) Ensure that the Youth Parliament is representative of all sectors of the State party's child population, including children from distinct ethnic, religious, linguistic or cultural groups.

4. Civil rights and freedoms

Right to a name and identity

The Committee is concerned:

(a) That the right of some children, and particularly child members of some distinct ethnic, religious, linguistic and cultural groups such as the Roma, to birth registration is not respected as a result of a lack of information on birth registration procedures, a lack of legal representation for particular population groups and the lack of sufficiently decentralized services;

(b) That persons who speak a language other than Greek, including refugees and asylum‑seekers, have difficulty in registering names for their children in their native language.

The Committee recommends that the State party ensure:

(a) That all children are registered at birth, including through improvement of the provision of information on, and easier access to, birth registration facilities;

(b) That all children are able to be registered under, and make use of, their full original name as chosen by themselves, their parents or other legal guardian.

Violence and ill-treatment

The Committee is concerned that:

(a) As indicated in the State party's report, about 60 per cent of parents practice corporal punishment of children;

(b) Although corporal punishment is prohibited by law in schools, it is not prohibited in the family.

The Committee recommends that the State party:

(a) Prohibit all forms of violence against children, including corporal punishment, by law in all contexts, including in the family;

(b) Undertake education and awareness campaigns to inform, among others, teachers, parents and medical and law enforcement personnel about the harm of violence, including corporal punishment, and about alternative, non-violent, forms of educating children.

Freedom of religion

The Committee expresses its concern at reports of administrative and social pressures being placed on children from religious minorities including, for example, the requirement that a student's secondary school graduation certificate indicate, where this is the case, that the student does not practise the Greek Orthodox religion.

The Committee recommends that the State party ensure that a child's religious affiliation, or lack of one, in no way hinders respect for the child's rights, including the right to non-discrimination and to privacy, for example in the context of information included in the school graduation certificate.

Access to information

The Committee is concerned that children and their families who do not speak, read or write Greek fluently, and children from some isolated regions of the State party and from some distinct ethnic, religious, linguistic or cultural groups do not always have adequate access to information regarding, for example, welfare or legal assistance, and information reflecting the multicultural nature of the State party. The Committee is also concerned that some harmful information, notably via the Internet, remains easily accessible to children.

The Committee recommends that the State party:

(a) Make additional efforts to ensure that all children and their families have access to essential information regarding their rights, giving particular attention to isolated groups and those who do not communicate easily in Greek;

(b) Promote the development and accessibility, including through radio and television, of a wide variety of information reflecting the cultural diversity of the State party's population;

5. Family environment and alternative care

Assistance to parents

The Committee is concerned:

(a) At the high percentage of persons (19.5 per cent) estimated to be living below the poverty line and that, in this regard, the rights of some children, including the right to a family environment, may be violated;

(b) That the system of financial "allowances" provided by the State to assist in the care of children under certain circumstances, such as low family income, are not provided to children themselves but rather to mothers, irrespective of whether they are caring for their children;

(c) That the amount of such financial allowances is extremely low and, in addition, that many Roma families do not receive these allowances at all.

In the light of article 18, the Committee recommends that the State party:

(a) Strengthen its efforts to protect children's right to a family environment, including by reducing the number of persons living in poverty and ensuring access for all children and parents in need to financial assistance, giving particular attention in this regard to children and parents from Roma communities;

(b) Amend the procedures for the disbursement of family allowances to ensure that this financial support is provided to the person(s) currently caring for the children intended to benefit from the allowances;

Abuse and neglect

While acknowledging the many activities of the Child Health Institute in the field of child abuse and neglect and the new bill to establish the "legal bystander" for the child victim, the Committee remains concerned:

(a) At the absence of national data on the incidence of child abuse and neglect;

(b) At indications that physical, psychological, and sexual abuse are prevalent within the family and in the context of institutional care;

(c) That social, medical and other service resources through which the State party can respond to abuse and neglect are primarily limited to Athens and that even these are insufficient.

The Committee recommends that the State party:

(a) Improve its data collection with regard to the abuse and neglect of children, including sexual abuse within the family;

(b) Develop and implement a national programme for the prevention and reduction of the incidence of child abuse and neglect of children within the family and within institutions, inter alia by conducting awareness raising campaigns and providing adequate support to families at risk;

(c) Develop and implement an effective system for reporting and referral of cases of child abuse and neglect and appropriate measures for the protection of child victims and the provision of rehabilitative assistance and the prosecution and treatment of alleged perpetrators of abuse and neglect;

(d) Strengthen the capacity of social services across the country to identify and treat instances of abuse or neglect of children, including for physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or sexual exploitation, in accordance with article 39 of the Convention; take measures to prevent the criminalization and stigmatization of victims; strengthen the use of child-sensitive methods of investigation and presentation of court evidence and the availability of expert multidisciplinary child assistance teams, including psychosocial counsellors; and ensure that domestic legislation provides adequate protection for all children, both girls and boys, from sexual and other forms of abuse;

(e) Take note of the Committee's recommendations adopted at its 2000 and 2001 days of general discussion on children and violence (CRC/C/100, para. 688 and CRC/C/111, paras. 701-745).

Child custody

The Committee is concerned that upon the separation of some Muslim parents, custody of children below a certain age is systematically awarded to mothers and custody of children above a certain age is systematically awarded to fathers, without due regard for the best interests and opinion of the child.

The Committee recommends that in the context of child custody decisions the State party ensure full respect for the Convention including, inter alia, the obligation to give due consideration to the best interests and views of the child.

Alternative care

The Committee is concerned that:

(a) Alternative care provisions for children, such as foster and institutional care, are inadequate, including as a result of inadequate funding and insufficient staffing;

(b) There is a lack of systematic and effective coordination between welfare services and the courts;

(d) That children from some groups, such as Roma and illegal immigrants, receive particularly limited protection of their rights in the context of alternative care mechanisms.

The Committee recommends that the State party:

(a) Continue to strengthen further its ongoing efforts to improve the protection of children's rights in the context of alternative care proceedings;

(b) Strengthen the effectiveness of its efforts to prevent and reduce the recourse to institutionalization for children in need of alternative care;

(c) Strengthen collaboration and coordination between the various relevant governmental and non-governmental bodies in the context of alternative care including, as relevant, with the courts;

(d) Ensure that children's views are heard and taken into consideration in alternative care decisions, in accordance with the principles and provisions of the Convention.

6. Basic health and welfare

The Committee is concerned that:

(a) The State party's data on basic national health indicators are insufficient;

(b) Weaknesses in infrastructure and problems of uninsured families may limit the realization of children's right to health care;

(c) There is a shortage of nurses and social workers, and notes the need to improve the quality of dental services, as indicated by the State party in its report;

(d) Children of parents who are not covered by family social insurance policies may not have access to health care;

(e) Children from certain groups, such as the Roma and some immigrant groups, have particularly poor access to health care, leading to a high level of health concerns;

(f) High numbers of children smoke cigarettes and use alcohol.

The Committee recommends that the State party:

(a) Strengthen its health infrastructure, including through the recruitment of additional nurses and social workers;

(b) Ensure that all children have access to health care, irrespective of the insurance situation of their parents;

(c) Give particular attention to ensuring the access to health care of children from Roma communities and other economically disadvantaged groups;

(d) Take steps to lower the number of children who smoke cigarettes and use alcohol, including through the use of information campaigns.

Children with disabilities

Taking into consideration the efforts that have been made in the past 10 years and the recent involvement of children with disabilities and their families in policy making, especially in relation to the Ministry of Education's special education department, and the progress made in modifying access to streets, buses, trains and some buildings for persons with disabilities, the Committee remains concerned that:

(a) There is a lack of up-to-date national data on children with disabilities;

(b) Children with disabilities face discrimination, as indicated by the State party in its report;

(d) Many children with disabilities in need of alternative care are institutionalized, that residential care for persons with disabilities remains of poor quality, limiting respect for children's rights, and that children in some institutions experience abuse and inhuman or degrading treatment;

(e) Children with disabilities are often not consulted in decisions that affect them;

(f) Access facilities for persons, including children, with physical disabilities to public areas, buildings and transport remain poor and legislation in this regard is not sufficiently enforced.

Noting the State party's efforts in