The Committee on the Rights of the Child,
Recalling that in accordance with the provisions of article 45 (c) of the Convention, the Committee may recommend to the General Assembly to request the Secretary-General to undertake, on its behalf, studies on specific issues relating to the rights of the child,
Further recalling that at its second session the Committee devoted one day to a general discussion on the topic "Children in armed conflicts", having discussed the relevance and adequacy of existing standards applicable in the framework of children in armed conflicts; the measures to ensure effective protection to children in situations of armed conflicts and the promotion of physical and psychological recovery and social reintegration,
Having concluded that in order to focus greater attention on the serious problem of children in armed conflicts, a major United Nations study should be undertaken,
1. Recommends to the General Assembly, in accordance with article 45 (c) of the Convention, that it request the Secretary-General to undertake a study on ways and means of improving the protection of children from the adverse effects of armed conflicts; for this purpose, the Secretary-General might wish to invite the cooperation of relevant specialized agencies, other United Nations organs, non-governmental organizations and the International Committee of the Red Cross;
2. Requests the Secretary-General to bring this recommendation to the attention of the General Assembly for consideration at its forty-eighth session.
Recognizing the importance of disseminating information on the Convention on the Rights of the Child and on its implementation system with a view to creating greater awareness and to promoting the realization of the rights of the child,
Reaffirming the importance of ensuring that the United Nations information centres or, in the countries where such information centres do not exist, the United Nations Development Programme country offices, make freely available on a routine basis the documents of the Committee for general distribution,
1. Requests the Secretary-General to ensure that particular consideration be given to the availability of the reports of the Committee, the reports submitted to the Committee by the State in whose territory the information centre is located, as well as the summary records relating to the examination of the reports and the concluding observations adopted thereon by the Committee,
2. Recommends that, in order to ensure easier access to these documents and to assist States parties in their endeavour to ensure that their reports are made widely available to the public in their own country, in the light of article 44, paragraph 6, of the Convention, serious consideration be given to the issuing of a compilation containing the State party report, the summary records relevant to its consideration and the concluding observations adopted thereon by the Committee.
Recognizing the importance of ensuring effective interaction and cooperation with United Nations bodies active in the field of the rights of the child,
Recognizing also the need to maintain effective communication and meaningful dialogue with the other human rights bodies on issues of common interest,
Considering the need for and the importance of ensuring its active participation in activities taking place within the United Nations framework which are of relevance to its work,
Recalling the emphasis put by the fourth meeting of persons chairing the human rights treaty bodies on the promotion of interaction among treaty bodies,
Reaffirming the decisions and recommendations adopted at its previous sessions,
1. Stresses the need for providing the Committee with adequate resources to enable it to develop effective communication and dialogue with other human rights bodies and to participate in United Nations meetings relevant to its work;
2. Reaffirms its interest and willingness to participate in the proposed meeting of experts on the application of international standards concerning the human rights of detained juveniles, and recalls the important framework established by the Convention on the Rights of the Child in this field;
3. Decides to follow closely the preparatory process of the International Year of the Family and, in this framework, to strengthen its cooperation with the Centre for Social Development and Humanitarian Affairs, in particular with a view to being associated with that event and having access to the relevant documents and studies;
4. Requests the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia to take the Convention on the Rights of the Child into full consideration in the fulfilment of his mandate and in his future reports.
Reaffirming the importance of ensuring its access to all relevant sources of information pertaining to its functions,
Recognizing the need to ensure effective cooperation and constructive dialogue with United Nations bodies active in the field of the rights of the child, in particular the Special Rapporteur of the Commission on Human Rights on the sale of children, Child prostitution and child pornography and the Working Group on Contemporary Forms of Slavery of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling the recommendation made by the fourth meeting of persons chairing the human rights treaty bodies that a centralized information and documentation unit be created within the Centre for Human Rights,
Recommends that consideration be given to the establishment, within the Centre for Human Rights, of a documentation unit on the rights of the child, entrusted with the task of following and assisting the activities developed by the Committee on the Rights of the Child, the Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography and the Working Group on Contemporary Forms of Slavery of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.
Recalling its previous recommendations addressed to the Preparatory Committee for the World Conference on Human Rights,
Considering that the General Assembly at its forty-seventh session adopted the provisional agenda for the World Conference on Human Rights,
Noting the inclusion in the provisional agenda of an item entitled "Consideration of contemporary trends in and new challenges to the full realization of all human rights of women and men, including those of persons belonging to vulnerable groups",
Recognizing the importance of considering in this framework the question of the enjoyment of the rights of the child in a period of armed conflict,
1. Designates its Chairperson and its Rapporteur as its representatives to the fourth session of the Preparatory Committee for the World Conference;
2. Decides to recommend to the Preparatory Committee to address at its fourth session the issue of the involvement of children in armed conflicts.
A. States parties to the Convention
2. The text of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C/2/Rev.l.
1. Adoption of the agenda
2. Information by the Secretariat on action taken pursuant to decisions adopted by the Committee
3. Submission of reports by States parties under article 44 of the Convention
4. Report of the fourth meeting of persons chairing the human rights treaty bodies
5. Preparatory activities relating to the World Conference on Human Rights
6. Consideration of the question of indicators
7. Follow-up to the general discussion on "Children in armed conflicts"
8. Matters relating to the methods of work of the Committee
9. System of documentation and information
10. Future studies
11. Consideration of reports submitted by States parties under article 44 of the Convention
12. Future meetings of the Committee
13. Other matters
6. The officers elected by the Committee at its first session continued to hold office at the third session in accordance with rule 17 of the provisional rules of procedure. They were Hoda Badran (Egypt), Chairperson; Luis A. Bambaren Gastelumendi (Peru); Flora C. Eufemio (Philippines) and Youri Kolosov (Russian Federation), Vice-Chairpersons; and Marta Santos Pais (Portugal), Rapporteur.
7. The following United Nations body was represented at the session: United Nations Children's Fund.
8. The following specialized agency was represented at the session: International Labour Organisation.
9. The following organization was also represented: International Committee of the Red Cross.
10. The following non-governmental organizations were represented:
Category I: International Movement ATD Fourth World, Soroptimist International
Category II: Defence for Children International Movement, International Association of Penal Law, International Catholic Child Bureau, International Federation Terre des Hommes, International Federation of Social Workers, International Federation of Women in Legal Careers, International Save the Children Alliance, International Service for Human Rights, Pathways to Peace, Radda Barnen International
Roster: International Inner Wheel.
12. The main purpose of the working group was to identify in advance the main questions that would need to be further discussed with representatives of the reporting States. Such a procedure, as recognized by the Committee at its second session (CRC/C/10, para. 39), would increase the efficiency of the reporting process and facilitate the task of States parties by providing them in advance with a list of the main issues which might be raised during the consideration of their reports.
13. In the course of its meetings the pre-sessional working group examined preliminary lists of issues put before it by members of the Committee relating to the initial reports of the following seven countries: Bolivia, Egypt, Russian Federation, Rwanda, Sudan, Sweden and Viet Nam. The working group was assisted in its task, in the spirit of article 45 of the Convention, by an informal technical advisory group in which United Nations bodies, specialized agencies and other competent bodies were represented. The draft lists were revised and supplemented on the basis of observations and comments made at the meetings, and the final version of each list was adopted by the group as a whole.
14. The lists of issues thus drawn up were transmitted directly to the Permanent Missions of the States concerned with a note which stated, inter alia, the following:
"The list is not intended to be exhaustive and it should not be interpreted as limiting or in any other way prejudging the type and range of questions which members of the Committee might wish to pose. However, the Working Group believes that the constructive dialogue which the Committee wishes to have with the representatives of the reporting States can be facilitated by making the list available in advance of the Committee's session."
17. The Committee established a tentative schedule for its meetings to be held in 1994, as follows:
Fifth session 10 to 28 January 1994
Pre-sessional working group 27 June to 1 July 1994
Sixth session 26 September to 14 October 1994
Pre-sessional working group 14 to 18 November 1994
20. The Committee further decided to send this outline to specialized agencies, other relevant United Nations bodies, including the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Sub-Commission's Working Group on Contempory Forms of Slavery, non-governmental organizations and other competent bodies, inviting them to participate in this general discussion and to submit written contributions in advance.
A. Submission of reports
23. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its third session:
Sweden CRC/C/3/Add.1
Bolivia CRC/C/3/Add.2
Sudan CRC/C/3/Add.3
Rwanda CRC/C/8/Add.1
Viet Nam CRC/C/3/Add.4
Russian Federation CRC/C/3/Add.5
Egypt CRC/C/3/Add.6
24. At its 47th meeting, on 11 January 1993, the Committee agreed, at the request of the Government of Rwanda, to postpone to its fourth session the consideration of the initial report of Rwanda (CRC/C/8/Add.1).
25. 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 when their reports were examined. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.
26. The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the report, contain observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.
27. More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.
(a) Introduction
29. The Committee notes with satisfaction the timely submission of the initial report of Bolivia, which was one of the first States to become a party to the Convention on the Rights of the Child. Although the report contained valuable information on the legislative framework for the application of the Convention, the dialogue gave way to a request for further information on how the laws are applied in actual practice and what mechanisms exist to evaluate the results that have been achieved.
30. The Committee attaches great importance to the opportunity, afforded by the consideration of a State party's report, to undertake a constructive dialogue with that State party on the implementation of the Convention. In this regard, the Committee expresses its appreciation to the delegation of Bolivia for facilitating a useful and frank discussion and for providing further information to the Committee to enable it to obtain a more comprehensive view of the application of the Convention in Bolivia. The Committee takes note of the statement made by the delegation regretting that it had not been possible to include high-level representatives from the ministries concerned with the actual implementation of the Convention who could have benefited from direct dialogue with the Committee.
(b) Positive aspects
31. The Committee welcomes the recent adoption and entry into force of the new juvenile code, which represents significant progress toward harmonizing legislation and policy with the provisions of the Convention and thereby providing a legal framework for its implementation. The Committee notes with satisfaction the process of the preparation of the reports, the involvement of the judiciary as well as the steps taken to provide for the participation of non-governmental organizations in the preparation of the relevant legislation and the formulation of public policy on children, thereby broadening popular participation in the implementation process. In this connection, it is also important to note that the provisions of the Convention may be invoked in a court of law in Bolivia.
(c) Factors and difficulties impeding the implementation of the Convention
32. The Committee notes that economic factors, including a high level of external debt, have made the full application of the Convention more difficult. In this respect, the Committee notes with concern that the long-term considerations embodied in many structural adjustment policies have not adequately taken into account the needs of today's children. While the State is responsible for the implementation of the Convention on the Rights of the Child, the Committee recognizes that additional international assistance will be needed to more effectively address the challenge of improving the situation of children living in poverty, particularly those from the rural areas of the country.
33. The Committee also recognizes that, since the new juvenile code was adopted only recently, there has not been sufficient time to implement it fully or to evaluate its effectiveness.
(d) Principal subjects of concern
34. The Committee expresses its concern that the stringent budgetary measures have had high social costs and have adversely affected the rights of the child in Bolivia. The Committee, while welcoming the adoption of the Ten-Year Plan of Action for the Bolivian Child, which is aimed at redressing in favour of children some of the present imbalances, emphasizes the need to elaborate a comprehensive strategy for implementing the Convention and to develop an effective monitoring mechanism for evaluating the progress achieved and the difficulties encountered. At present, it is unclear as to how non-governmental organizations and the general public are to be involved in monitoring and evaluating the application of the Convention.
35. The Committee is concerned that the definition of the child contained in the juvenile code does not comply with the requirements of article 1 of the Convention.
36. The Committee underlines the importance of implementing all of the provisions of the Convention in the light of the general principles contained in articles 2, 3, 6 and 12 of the Convention. In this regard, the Committee notes with concern the disparities in the status and treatment of children in Bolivia conforming to distinctions based on race, sex, language and ethnic or social origin. Vulnerable groups of children, including girl children, indigenous children and children living in poverty, are particularly disadvantaged in their access to adequate health and educational facilities and are the primary victims of such abuses as sale and trafficking, child labour and sexual and other forms of exploitation. The diminished level of protection for girl children inherent in the lower minimum age for marriage is discriminatory and, as a result, deprives this group of children of the benefit of other protections afforded by the Convention.
37. The Committee is concerned that only 47 per cent of births are supervised by qualified health care workers, and is alarmed at the implications this may have for increased likelihood of sickness and disability arising from preventable problems occurring during delivery. More budgetary support is needed to correct this situation, as well as sufficient support to programmes benefiting the mental and physical development of children. With respect to education, the Committee notes with concern that vulnerable groups of children, such as girl children, indigenous children and children living in rural areas, are over-represented in the number of children not enrolled in school.
38. With regard to articles 37 and 40, the Committee is concerned that there are not adequate safeguards to ensure non-discrimination in the implementation of these provisions of the Convention. The Committee is concerned about the present discretionary procedure of considering the "personality" of the child as a criteria for passing sentences. This practice, in its actual application, may often be discriminatory against children living in poverty. The Committee is also concerned that there is inadequate separation of children from adults in detention and that a child may remain in custody for the excessively long period of 45 days before the legality of his or her detention is decided upon. The age for legal counselling without parental consent is unclear and practices in this regard may not be in conformity with article 37 (d) of the Convention.
39. The Committee expresses most particular concern for children who work or live in the street in order to survive and who require special attention because of the risks they are exposed to.
(e) Suggestions and recommendations
40. The Committee recommends that the necessary changes be made in the juvenile code to ensure that it is in full conformity with the requirements of the Convention, particularly with respect to the definition of the legislative framework and evaluating its effect on children, especially those from vulnerable groups. In this connection, the impact of the Ten-year Plan of Action for the Bolivian Child should also be actively monitored and statistical and other indicators necessary for evaluating the progress achieved should be included in the second periodic report of the State party. The Committee positively notes the statement made by the delegation indicating its commitment to send to the Committee in the near future further information on indicators, in particular in the field of health, education, children in conflict with the law, disabled children or abandoned children.
41. The Committee emphasizes that the principle of non-discrimination, as provided for under article 2 of the Convention, must be vigorously applied, and that a more active approach should be taken to eliminate discrimination against certain groups of children, most notably girl children. In this connection, the Committee notes that the application of this and the other general principles of the Convention cannot be dependent upon budgetary resources. With regard to budgetary priorities in the allocation of available resources, the State party should be guided by the principle of the best interests of the child, as provided for in article 3 of the Convention, particularly as this applies to the most vulnerable groups of children, such as girl children, indigenous children, and children living in poverty, including abandoned children.
42. The Committee encourages the Government of Bolivia to consider the possibility of acceding to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
43. The Committee recommends that the State party undertake to ensure that adequate protection is afforded to economically and socially disadvantaged children in conflict with the law and that alternatives to institutional care are available, as provided for under article 40, paragraphs 3 and 4, of the Convention.
44. The Committee underlines that the provisions of the Convention should be widely publicized among the general public and, in particular, among judges, lawyers, teachers and members of other professions working with children or which are concerned with the implementation of the Convention. Particularly important in this regard is the training of police and the staff in correctional facilities. Such initiatives could be effectively undertaken in cooperation with non-governmental organizations.
45. The Committee recommends that the provisions of the Convention should be more readily available in local languages. Steps should be taken to encourage grass roots support for the rights of the child and to use the Convention as a tool to stimulate popular volunteer programmes, as a way of supplementing budgetary resources available for the benefit of children.
47. The Committee notes with satisfaction that Sweden has undertaken the necessary steps for the swift ratification of the Convention and was the first State to fulfil its reporting obligations. Its report is very comprehensive and follows closely the Committee's guidelines, although more information is needed on the situation of vulnerable groups, particularly minority children, including indigenous children, and neglected children in the major city areas.
48. The Committee expresses its appreciation for the additional information provided by the delegation which was sent to present the report of Sweden to the Committee. In this regard, the presence of a high-level delegation enabled a constructive dialogue to take place between the Committee and officials from those ministries directly responsible for the implementation of the Convention.
49. The Committee welcomes the Government's awareness of the need to take an active approach to implementing the Convention, disseminating information on it and seeking ways to further improve the status of children in Sweden. In this regard, the Committee notes with satisfaction that laws have been enacted and administrative measures proposed to harmonize the legal framework for the protection of children's rights with the requirements of the Convention. The relevant legislation generally reflects the provisions of the Convention as well as the general principles which serve to guide its implementation. Particularly noteworthy is the Government's spirit of dialogue with non-governmental organizations, especially in regard to publicizing the Convention and promoting awareness among the general public.
50. The Committee expresses its appreciation for the significant contribution of the Swedish Government and the Swedish non-governmental organizations to improving the situation of children worldwide. The prominence given by the State party to furthering the rights of the child through international cooperation and assistance directly benefiting children follows the spirit of article 4 of the Convention and can serve as a useful guide for other States parties.
51. The Committee notes that the competent Swedish authorities are considering the possibility of ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
(c) Principal subjects of concern
52. The Committee notes the fact that the law does not provide for protection against all the various forms of discrimination enumerated in article 2 of the Convention. As a result, it is unclear whether the law prohibits discrimination on the basis of the child's or his or her parents' or legal guardian's language, religion, political or other opinion, social origin, property, disability, birth or other status.
53. The Committee expresses its concern over the lack of clarity and apparent discrepancies contained in the law with regard to the definition of the child. The Committee notes that, although persons under 18 in Sweden do not enjoy full legal capacity, they may yet be subjected to military service and that a person aged 15 or over can be accepted in the Home Guard Defence. The Committee also expresses its concern that the age of sexual maturity has not been fixed, which threatens the protection of children from possible exploitation in the use of pornographic materials.
54. The Committee is concerned that the Government does not ensure that children in detention are separated from adults. The Committee is also concerned by the practice of taking foreign children into custody under the Aliens Act and notes that this practice is discriminatory in so far as Swedish children generally cannot be placed in custody until after the age of 18. Likewise, there seems to be a lack of information on children who are victims of sexual exploitation, including incest.
(d) Suggestions and recommendations
55. With regard to general measures of implementation, the Committee recommends that careful attention be given to setting up the monitoring mechanism and indicators for measuring the progress made in the implementation of the legislative and other measures to protect the rights of the child. The Committee underlines that the implementation of the Convention should be carried out in close cooperation with local authorities in order to ensure an approach which is effective and consistent with the provisions and general principles of the Convention. In this connection, the Government should ensure that spending cuts carried out by municipalities are effected with due regard for the best interests of children, particularly those from the most vulnerable groups. To enhance the effective implementation of the Convention, the Committee suggests that the State party consider closer coordination with non-governmental organizations at the policy-making level; incorporating the provisions of the Convention directly into domestic law; and further strengthening international cooperation and assistance, particularly for the benefit of vulnerable groups such as disabled children and children needing special protection.
56. With respect to the definition of the child, the Committee recommends that the State party consider an approach which is more coherent and more closely reflects the general principles and the provisions of the Convention. In recognition of the spirit of article 38 of the Convention, steps might be taken to close the gap in the law which at present allows for the possibility of conscripting children under the age of 18 into the armed forces. The Committee suggests that the Government should reassess the effectiveness of present regulations regarding the exploitation of children in pornographic materials. Further, the Government should not overlook the problem of sexual abuse within the family. The Government may also wish to reassess the advisability of permitting a child of seven years or older to accept legal or medical counselling without parental consent.
57. In regard to children in conflict with the law, the Committee suggests that further consideration should be given to ensuring that children in detention are separated from adults, taking into account the best interests of the child and alternatives to institutional care. In this connection, the State party may wish to study the situation in those countries where arrangements for liaison between juveniles and the police force have been established. The Committee also suggests that consideration be given to providing alternatives to the incarceration of children under the Aliens Act and that a public defence counsel be appointed for children in conflict with the law.
58. The Committee also recommends that steps should be taken to monitor more closely the situation of foreign children placed in adoptive families in Sweden. The Committee emphasizes the importance of monitoring the situation of foreign children and other vulnerable groups, and to this end, the Committee requests that the next report of the State party include fuller statistical and other indicators for these groups, including the incidence of HIV infection and AIDS. Recognizing that the ratification of other international human rights instruments has a favourable influence on the promotion of the rights of the child, the State party might consider ratifying the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.
60. The Committee expresses its appreciation to the State party for its report and for engaging through a high-ranking delegation in a constructive and frank dialogue with the Committee. It notes with satisfaction that Viet Nam has been the first Asian State to sign and ratify the Convention and to submit a report, on its implementation. The Committee appreciates the comprehensiveness of the report, which has been prepared in conformity with the Committee's guidelines.
61. The report and the detailed additional information provided by the State party's representatives in the course of the discussion have enabled the Committee to obtain a comprehensive view of the State party's compliance with the obligations undertaken under the Convention on the Rights of the Child and human rights standards set forth therein.
62. The Committee takes note with satisfaction of the efforts made by the Government of Viet Nam to secure implementation of the Convention's provisions throughout the country. The adoption by the National Assembly of the Law on the Protection, Care and Education of Children and of the Law on the Universalization of Primary Education in August 1991, the proclamation of the Year of the Vietnamese Child in 1989-1990, the national review of the first 10 years (1979-1989) of implementation of the Ordinance on the Protection, Care and Education of Children and related activities, the stipulations on the rights of the child in the new national Constitution - all these developments are important steps towards the implementation of the Convention. The Committee notes with satisfaction the holding, as follow-up action to the World Summit for Children, of a National Summit for Children and approval by it of Viet Nam's draft National Programme of Action for Children 1991-2000. The Committee finds of particular importance the establishment of the Committee for the Protection and Care of Children at the national level, as well as the establishment of such committees at provincial, district and commune level, to monitor the implementation of the Convention.
63. The Committee notes that transition from a centrally planned to a market oriented economy in Viet Nam produces new, or aggravates old, social problems which have a negative impact on the situation of children. Old traditions in remote parts of the country also create difficulties for the application of the provisions of the Convention. The Committee notes that the Government of Viet Nam is well aware of the existing difficulties impeding the implementation of the Convention and much appreciates the frankness and openness of the report in this respect. The Committee, furthermore, notes the commitment expressed by the Government to do everything, through national as well as international actions, in such a difficult situation to ensure that the children's problems are treated with the highest possible priority.
64. The Committee expresses its concern about the negative effects of the economic reforms under way in Viet Nam on the situation of children. It is also concerned about the situation of children belonging to the various minority groups, especially those living in the mountain areas of the country. The Committee notes that long periods of imprisonment for delinquent children set forth in national penal legislation are not in conformity with the provisions of article 37 of the Convention and that every child alleged to have or accused of having infringed the penal law should have the guarantees envisaged in article 40 of the Convention. The Committee also expresses its concern at the perpetuation of prejudices in some regions of the country resulting in discrimination against women and girls. The situation of children in rural areas is a general concern, e.g. regarding health and educational possibilities. The growing number of children living and/or working on the street, child prostitution and pornography are also matters of concern, as is the lack of adequate training of the law enforcement officials as far as the implementation of the Convention is concerned.
65. The Committee considers it to be particularly important for the Government of Viet Nam to take all necessary steps, both nationally and also using international assistance and cooperation, to minimize the negative impact that the economic reforms may have on the most vulnerable group, i.e. children of the Vietnamese society. Particular attention should be paid to the protection of children belonging to different minority groups, children living in rural areas and children in urban areas who live and/or work on the street. In the latter case, there seems to be a need to further study the root causes of this phenomenon and develop appropriate strategies to resolve this problem.
66. The appropriate amendments should be made to the Penal Code in order to adequately reflect the provisions contained in articles 37, 39 and 40 of the Convention as well as the relevant provisions of the Code of Conduct for Law Enforcement Officials and other international standards in this field such as the "Beijing Rules", the "Riyadh Guidelines" and the Rules for the Protection of Juveniles Deprived of their Liberty. In this connection the Committee recommends that a training course for law enforcement personnel be organized by the Centre for Human Rights in Viet Nam.
67. The text of the Convention should be translated into the languages of all minority groups and disseminated as widely as possible in order to sensitize the public opinion with respect to the protection of the rights of the child. The youth and non-governmental organizations could play an active role in creating an awareness about the Convention all over the country.
68. The Committee proposed, in accordance with article 44, paragraph 4, that additional information be provided to the Committee with respect to the administration of juvenile justice by 1 June 1993 in order to enable the Committee's pre-sessional working group to consider that information and to report back to the Committee at its autumn session. The publication and the widest possible dissemination within the country of the report submitted by the Government of Viet Nam to the Committee and of the Committee's proceedings are recommended.
70. The Committee expresses satisfaction at the timely submission of the Russian Federation's initial report and for the frank, self-critical and comprehensive manner in which it was prepared. The Committee notes with appreciation the high-level representation sent to discuss the report, which serves as an indication of the importance attached by the Government of the Russian Federation to its obligations under the Convention, and for the open, comprehensive and constructive approach which characterized the dialogue with the delegation.
71. The Committee is encouraged by the Government's willingness to define and appreciate the problems impeding the implementation of the rights provided for in the Convention and to search for adequate solutions to face them. In this regard, the Committee notes with satisfaction the progress being made in introducing legislative measures to improve the application of the Convention as well as the proposed establishment of juvenile and family courts. Equally, it recognizes the importance of the steps being taken to develop: the involvement of local and regional authorities in taking responsibility for implementing the rights of the child; the participation of non-governmental organizations in programmes to implement the rights of the child; the training of social and other workers dealing directly with children and family related problems; the awareness of the importance of the family and equal parental responsibilities; and the dissemination of information on the rights of the child.
72. The Committee also notes with satisfaction, in the light of article 4 of the Convention, the allocation of further resources for the benefit of children as a consequence of the economic effects of disarmament.
73. At a time of critical change in the State party and in view of the information provided by the delegation, the Committee recognizes the importance accorded by the State party to introducing positive changes for the benefit of children and to continuing to pursue policies that take into account the needs of children in a period of structural adjustment.
74. The Committee recognizes the difficulties facing the Russian Federation in this period of political transition in a climate of social change and economic crisis. Similarly, the Committee recognizes the legacy of certain attitudes which hamper the implementation of the rights of the child. These relate to, inter alia, the institutionalization of child care, the disabled and family responsibilities.
75. While recognizing the importance of the various reforms mentioned by the delegation, the Committee notes, however, that it is unable at this stage to assess the impact of the new and proposed legislative and other changes on the situation of children.
76. The Committee is concerned about the effects on children of the economic crisis. In this connection, the Committee is particularly concerned as to whether adequate and appropriate measures are being taken to protect children from being the victims of economic reform in the light of articles 3 and 4 of the Convention.
77. The Committee is concerned that society is not sufficiently sensitive to the needs and situation of children from particularly vulnerable and disadvantaged groups, such as the disabled, in the light of article 2 of the Convention.
78. The Committee considers the serious problems of family life in the Russian Federation to be an area of priority concern. The Committee notes with particular concern the tendency towards the breakdown of family culture as regards abandoned children, abortion, the divorce rate, the number of adoptions, the number of children born out of wedlock and recovery of maintenance obligations.
79. Similarly, the Committee is concerned about the practice of the institutionalization in boarding schools of children who are deprived of a family environment, particularly in cases of abandonment or where children are orphaned.
80. The Committee expresses its concern as to the problems encountered in the immunization programme, the level of antenatal care, family planning programmes and the training of local community health workers. The Committee also expresses its concern at the frequent recourse to abortion as what appears to be a method of family planning.
81. As regards the implementation of article 28 of the Convention, the Committee expresses its concern as to the situation of the girl child in rural areas.
82. The Committee expresses its concern as to the compatibility of juvenile justice and penitentiary institutions with article 37 of the Convention and how the rights of the child to leisure and contacts with the family and the best interests of the child are protected in such situations. The Committee also expresses concern at the present organization of the system of administration of justice and its compatibility with article 37 of the Convention and other standards relating to juvenile justice.
83. The Committee notes with concern the increasing crime rate among children and the vulnerability of children to sexual abuse, drug abuse and alcoholism.
84. The Committee recommends that in a period of structural adjustment it is particularly important to monitor regularly the effects of economic change on children. The Committee also emphasizes the appropriateness of identifying and using indicators to follow the Government's progress in the implementation of legislative and other measures for the rights of the child.
85. The Committee proposes that the Government consider the establishment of a National State Committee or any similar structure with the purpose of coordinating the implementation of the Convention and the monitoring thereof. The Committee recommends that support should be given to local and other non-governmental organizations for the mobilization of work on the rights of the child. The Committee also recommends the active participation of non-governmental organizations as well as children and youth groups in changing and influencing attitudes for the better implementation of the rights of the child.
86. The Committee considers that greater efforts should be made to provide family life education, to organize discussions on the role of the family in society and to develop awareness of the equal responsibilities of parents.
87. The Committee recommends that alternatives to institutionalization in boarding schools, such as foster care, should be actively sought. The Committee also recommends the further training of personnel in all institutions such as social, legal or educational workers. An important part of such training should be to emphasize the promotion and protection of the child's sense of dignity and the issue of child neglect and maltreatment. Mechanisms to evaluate the ongoing training of personnel dealing with children are also required.
88. The Committee recommends that the primary health care system be improved regarding the effectiveness of, inter alia, antenatal care, health education, including sex education, family planning and immunization programmes. As regards problems relating specifically to the immunization programme, the Committee suggests that the Government should look to international cooperation for support in the procurement and manufacturing of vaccines.
89. The Committee is concerned about the occurrence of maltreatment and cruelty towards children in and outside the family and suggests that procedures and mechanisms be developed to deal with complaints by children of their maltreatment or of cruelty towards them.
90. Taking into account the positive steps being taken to revise the Penal Code and legislation in this field, the Committee recommends that the State party undertake comprehensive judicial reform as regards the administration of juvenile justice and that the international standards in this field, such as the "Beijing Rules", the "Riyadh Guidelines" and the Rules for the Protection of Juveniles Deprived of their Liberty, should serve as a guide in this revision. As regards alternative approaches to institutionalization, particular attention should be paid to rehabilitation measures, psychological recovery and social reintegration in line with article 39 of the Convention.
91. The Committee also suggests that part of the training of law enforcement officers, judges and other administration of justice officials be devoted to an understanding of international standards on juvenile justice.
92. The Committee emphasizes that more determined steps need to be taken to combat child prostitution; for example, the police forces should accord high priority to the investigation of such cases and the development of programmes to implement the provisions contained in article 39 of the Convention.
94. The Committee notes with satisfaction the timely submission of the initial report of Egypt, which was one of the first States to become party to the Convention on the Rights of the Child. It also compliments the State party on its timely report, which followed the Committee's guidelines. In addition to giving the relevant laws and regulations, the report contains information on actual practices and factors and difficulties affecting the implementation of the Convention.
95. The Committee expresses its appreciation for the additional information provided by the high-level delegation which endeavoured to answer all questions from the Committee in an open way, admitting the existence of problems.
96. The Committee takes note of efforts made by the Government of Egypt to secure implementation of the Convention's provisions throughout the country. The Committee welcomes the establishment, in January 1989, of the National Council for Childhood and Motherhood. It regards as important features the formulation of a general policy and strategy for the development of Egyptian childhood and the inclusion of the childhood and motherhood components in the five-year State plan 1992/93-1997/98. The Committee also notes with satisfaction the activities of the Supreme Constitutional Court in so far as the implementation of the Convention is concerned. Furthermore, the Committee notes the intention of the National Council to systematize the collection of statistical and other data as a basis for further efforts in the implementation of the Convention. Indications about research into problems relating to children in especially difficult circumstances are also welcomed. Taken together, these notable developments indicate that the Government of Egypt takes very seriously its obligations under the Convention and is moving toward establishing a firm legal basis for the realization of the rights contained therein.
97. The Committee notes that structural adjustment policies have created difficulties in the full application of the rights guaranteed by the Convention and have had a specific impact on the situation of children, in particular children in low-income categories and in rural areas. The Committee, however, takes this opportunity to recall that, under article 4 of the Convention, States parties are called upon to implement the Convention to the maximum extent of their available resources.
98. The Committee notes that, although Egyptian laws and regulations guarantee equality between the sexes, there is in reality still a pattern of disparity between boys and girls, in particular as far as access to education is concerned.
99. Of special concern to the Committee has also been the situation of children in rural areas and of disabled children. In regard to the latter, the Committee expresses concern over the very low number of disabled children who are enrolled in schools, which might reflect an insufficient sensitiveness of the society to the specific needs and situation of those children.
100. The Committee is concerned about the situation of children in conflict with the law and, in particular, of children serving custodial sentences in social care institutions. Concern is expressed, in general, as to the compatibility with articles 37 and 40 of the Convention of the juvenile justice institutions and the administration of justice system in so far as it relates to juvenile justice.
101. Specific concern is also expressed regarding the very large number of children between 6 and 14 years of age who are enrolled in the labour force and therefore lack, wholly or partly, the possibility to go to school. Although children may to a certain extent contribute to seasonal activities, care should always be taken that primary education is available to them and that they are not working in hazardous conditions.
102. The quality of education in schools also gives cause for concern and may be an explanation for high drop-out rates; the problem relates to pedagogical methods, curricula and the lack of adequate educational material.
103. The Committee expresses its concern as to the need for measures to improve the health of children, in particular those in the school-age group.
104. The Committee emphasizes that the principle of non-discrimination, as provided for under article 2 of the Convention, must be vigorously applied. A more active approach should be taken to eliminating discrimination against certain groups of children, in particular girl children and children in rural areas. With regard to the gap in literacy and school enrolment mentioned in the report, obstacles facing girls should be adequately addressed so that they can enjoy their right to go to school; further measures might be taken to increase the awareness of parents in this regard.
105. Steps should be undertaken to afford adequate protection to disabled children including the possibility, in particular through education, to integrate them into society and to raise the awareness of their families about their specific needs. Efforts for the early detection of the incidence of handicap are important.
106. Adequate protection should also be afforded to children in conflict with the law. The Committee recommends that the appropriate amendments be made to the Juveniles Act No. 31 of 1974 to adequately reflect the provisions of the Convention as well as other international standards in this field, such as the "Beijing Rules", the "Riyadh Guidelines" and the Rules for the Protection of Juveniles Deprived of their Liberty. In that regard it is suggested that general principles underlying the Convention, such as consideration of the best interest and dignity of the child and its role into society, be taken into account. Deprivation of liberty should always be envisaged as the very last resort, and particular attention should be paid to rehabilitation measures, psychological recovery and social reintegration. Furthermore, deprivation of liberty in social care institutions should be regularly monitored by a judge or an independent body.
107. The recommendations of the studies on child labour undertaken with the assistance of the International Labour Organisation on the problem of child employment should be implemented and Egyptian legislation on minimum age should be revised. In that regard, consideration should be given to the possibility of acceding to ILO Convention No. 138 and other conventions on minimum age of employment relating to the protection of children and young persons at work.
108. The text of the Convention should be disseminated as widely as possible among the public at large and, in particular, among judges, teachers and members of other professions working with children. Furthermore, specific training courses should be organized for law enforcement personnel and the personnel in correctional facilities as well as for those working with families with psychological problems.
109. Statistical information and other indicators necessary for evaluating progress achieved in the implementation of the Convention should be included in the second periodic report of the State party.
111. The Committee expresses satisfaction at the State party's early ratification of the Convention without any reservations and for the timely submission of its initial report. However, the Committee feels that in the light of the adopted guidelines further information would be required, inter alia, on special protection measures and on the policies and strategies required to realize health care and education goals.
112. The Committee welcomes the comments made by the State party on the merits of establishing a constructive and useful dialogue with the Committee and on the positive role the Committee should fulfil, in this regard, in providing advice and assistance to the State party on how to implement the Convention.
113. The Committee takes note of the statement made by the delegation of the Sudan that the Convention has been incorporated into national legislation. The Committee also notes the willingness shown by the Government of the Sudan to take into account the recommendations made by the Committee with a view to reviewing existing legislation in order to bring it into conformity with the Convention and to changing attitudes to traditional practices prejudicial to the health of children, including female genital mutilation.
114. In addition, the Committee takes note of the decision of the Government of the Sudan to make available for public distribution in one document both the report of Sudan to the Committee on the Rights of the Child and the results of the dialogue with this Committee.
115. The Committee takes note of the problems which have hampered the implementation of the Convention in the State party. They include: civil war, structural readjustment measures, infrastructural inadequacies, desertification, drought and famine.
116. The Committee notes the non-compatibility of certain areas of national legislation with the provisions and principles of the Convention, including the punishment of flogging.
117. The Committee notes with concern the problems of putting into effect article 4 of the Convention as it relates to matters of international cooperation to facilitate the implementation of the Convention.
118. The Committee expresses concern as to the effects of armed conflict on children, including the provision of humanitarian assistance and relief and protection of children in situations of armed conflict. In emergency situations, all parties involved should do their utmost to facilitate humanitarian assistance to protect the lives of children.
119. The Committee is concerned at the situation of internally displaced children and refugee and neglected children.
120. In addition, the Committee expresses its concern as to the issues of criminal responsibility and the administration of juvenile justice.
121. The Committee also expresses its concern regarding the issues of forced labour and slavery.
122. The Committee requests additional information on these and other concerns raised during its dialogue with the delegation and requests clarification as to the definition of the child, the situation of disabled children and children's access to education.
A. System of documentation and information
1. Computerization
124. In this framework, a working session was organized at the Office of the United Nations High Commissioner for Refugees (UNHCR), where an interesting exchange of views took place on the computerized system used by UNHCR and on the possibilities afforded by this system.
125. The Committee was also informed of the steps taken with the support of the UNICEF International Child Development Centre in Florence, Italy, in order to establish a network of information and a database system on the rights of the child. In this connection, members of the Committee reiterated their conviction that further cooperation and coordination with the relevant bodies active in this field should be ensured. The Committee stressed the need to build a cooperative spirit of work, based on a natural division of labour shaped by the respective areas of activity of the different bodies involved and leading to a system of mutual assistance and sharing of information. It was decided that the working group of the Committee on documentation and information would pursue its tasks, particularly with a view to identifying the priorities for the work of the Committee, namely the specific areas to be covered by the system of computerization of the work of the treaty bodies, in a user-oriented perspective.
127. At the same time, the Committee regretted that it had not yet been possible to establish a committee resource room with a view to gathering and facilitating access to the various sources of information on the rights of the child.
128. The Committee noted with particular interest the recommendation adopted by the meeting of persons chairing the human rights treaty bodies that a centralized information and documentation unit be created within the Centre for Human Rights, as a means of ensuring an easier and wider access to relevant information in this field (see A/47/628, paras. 51-55).
129. With the same concern, and in view of the importance of ensuring an effective interaction and a meaningful and systematic dialogue with other bodies active in the field of the rights of the child, and of closely following activities relevant to its work, the Committee decided to recommend that, as a preliminary step towards the creation of a centralized information and documentation unit within the Centre for Human Rights, consideration be given to the establishment of a documentation unit on the rights of the child.
130. Such a unit guided by a thematic approach, would constitute a focal point in this area, bringing together the activities developed by the Committee on the Rights of the Child, the Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography, as well as the Working Group on Contemporary Forms of Slavery of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.
132. The working group followed the consideration of this important field, in particular with a view to preparing the participation of the Committee in the Seminar on appropriate indicators to measure achievements in the progressive realization of economic, social and cultural rights, taking place in Geneva from 25 to 29 January 1993.
133. The Committee decided to examine the report of the seminar at its fourth session and to consider the follow-up measures in the light of the conclusions and recommendations of the seminar.
134. The Committee reaffirmed the importance of developing indicators following a right-by-right approach. It also recalled the need to enhance its cooperation with United Nations bodies and other competent bodies, including research institutes, and to benefit from their experience in this important area, particularly in order to assist the Committee in its consideration of a right-by-right approach, in the light of the structure provided by the guidelines adopted by the Committee (CRC/C/5).
136. In this framework, and in order to ensure a wide availability of the Committee's documents for general distribution and an easier access to them at the country level, the Committee recommended that, following its examination of each State party report, a compilation be prepared containing the report, the summary records relevant to its consideration by the Committee and the concluding observations adopted thereon by the Committee.
137. This compilation would be made freely available on a routine basis at the United Nations information centre in the country concerned or, if there is no such centre at the United Nations Development Programme country office.
138. Such an initiative would at the same time be an effective means of assisting States parties in their endeavour to ensure, in the light of article 44, paragraph 6, of the Convention, that their reports are made widely available to the public in their own country.
140. It reaffirmed the value of cooperation with the different United Nations bodies and other competent bodies active in the relevant areas of implementation of the Convention. In this framework, it particularly stressed the need to be informed about existing specific programmes of technical assistance at the country level and about the difficulties faced in areas where an additional effort is required to build and develop the capacity at the national level.
141. The Committee recognized that the pre-sessional working group should be a special focal point for such an evaluation, emphasizing therefore the importance for the relevant bodies cooperating with the Committee in the implementation of the Convention to be represented in the informal technical advisory group established to assist the Committee in the preliminary consideration of the reports of States parties.
142. The Committee further recognized that, in the light of the provisions of article 45 (b) of the Convention, it would be important to indicate the areas of particular concern or to provide guidance for the implementation of ongoing or proposed programmes, in order to ensure that the system of international cooperation is fully consistent with the real needs and aspirations of children and in conformity with the spirit of the Convention.
143. For this purpose, the Committee decided to indicate, whenever appropriate, such considerations in its concluding observations on each country.
144. It also decided, in a case where the need for a specific programme of technical advice or assistance was identified, to encourage the convening of a meeting between the governmental delegation and the relevant United Nations or other competent bodies in the spirit of dialogue and cooperation envisaged by the Convention on the Rights of the Child, with a view to having a preliminary discussion of the suggested programme.
145. In cases where such requirements would fall within the framework of the programme of advisory services and technical assistance of the Centre for Human Rights, a meeting with officials from the Centre would also be encouraged in order to enable a preliminary assessment to be made of available possibilities of support, particularly with a view to strengthening awareness of the Convention and ensuring training activities for those involved with its implementation or assistance in drafting adequate legislation.
147. The Committee reaffirmed the importance it attached to the undertaking of studies in this field as a means of increasing awareness and better understanding of the principles and provisions of the Convention, as well as of improving its system of implementation.
148. It recalled the provisions of article 45 (c) of the Convention and the possibility provided by it for recommending the undertaking of studies on specific issues relating to the rights of the child. Moreover, the Committee emphasized the importance of strengthening the cooperation with United Nations bodies and other competent bodies active in the field, who could also be invited to submit studies on topics of relevance to the Committee's work.
149. The Committee further stressed the need to identify priority areas for studies and the important catalytic role the Committee could play in developing research activities at the international level. It therefore decided to prepare an explanatory note on the list of possible subjects for studies in which it had a particular interest, underlining the reasons for that interest and the way in which such studies could be of assistance to the Committee in its future work.
150. The Committee decided that this explanatory note would be sent to the various relevant United Nations bodies, specialized agencies and other competent bodies, including research institutes.
151. Following the general discussion at the second session of the Committee on children in armed conflicts, and in view of the outstanding importance of this issue in the context of the promotion and protection of the rights of the child, the Committee concluded that a major United Nations study should be undertaken in this field.
152. The Committee therefore decided, in the light of article 45 (c) of the Convention, to recommend to the General Assembly that it request the Secretary-General to undertake a study on ways and means of improving the protection of children from the adverse effects of armed conflicts (see chapter I, recommendation 1).
153. The Chairperson informed the Committee about the important decisions taken and recommendations made by the meeting of chairpersons, held at Geneva from 12 to 16 October 1992, pursuant to General Assembly resolution 46/111 and Commission on Human Rights resolution 1992/15 (see A/47/628, annex).
154. Particular emphasis was put on the consideration given by that meeting to the issues the Committee had decided to bring to its attention (see CRC/C/10, recommendation 5). The Committee was encouraged by the results achieved on these and other essential questions.
155. It welcomed the recommendation adopted by the chairpersons emphasizing the value of holding meetings of the treaty bodies outside Geneva, New York and Vienna and requesting the Secretary-General to explore innovative ways and means which would increase the likelihood of such meetings being organized.
156. The Committee was also extremely encouraged by the serious consideration given by the meeting of chairpersons to the question of reservations, recognized to be a cause for alarm in view of the number, nature and scope of the reservations made to the principal human rights treaties. It took note of the recommendation made in relation to reservations that give rise to significant questions in terms of their apparent incompatibility with the object and purpose of the treaty, according to which the respective treaty body should consider requesting the Economic and Social Council or the General Assembly, as appropriate, to request an advisory opinion on the issue from the International Court of Justice (A/47/628, annex, para. 61).
157. The Committee recalled the consideration it had given to the question of reservations and declarations to the Convention on the Rights of the Child at its second session and emphasized the need to pursue this issue further. It emphasized the importance of systematically raising this question in the course of its consideration of reports submitted by States parties, an initiative which the meeting of chairpersons had fully encouraged.
158. The Committee was encouraged by the positive consideration the meeting of chairpersons had given to activities which it had already implemented to improve its methods of work, namely the organization by the Secretariat of a comprehensive country file on each State party whose report was to be considered (see A/47/41, recommendation 2, para. 4) and the compilation of general comments and general recommendations of the various treaty bodies (HRI/GEN/1), a measure which the Committee on the Rights of the Child had requested at its first session (A/47/41, recommendation 2, para. 8).
159. Moreover, the Committee noted the important recommendation adopted by the meeting of chairpersons in support of the proposal that ways should be explored of empowering the Secretary-General and expert human rights bodies to bring massive violations of human rights to the attention of the Security Council (A/47/628, annex, para. 43).
160. The Committee was extremely encouraged by the fact that this recommendation reflected the same concern as the urgent action procedure it had adopted at its second session (see CRC/C/10, paras. 54-58), both being adequate measures to prevent the deterioration of a situation and to ensure an appropriate consideration of serious violations of human rights, and both encouraging the bringing of such cases to the consideration of relevant bodies according to their respective spheres of competence.
161. The Committee took note of the recent developments in the preparatory process of the World Conference on Human Rights, namely the approval of its provisional agenda by the General Assembly and the holding of the first regional meeting in Tunis.
162. The Committee further considered the recommendations adopted by the fourth meeting of persons chairing the human rights treaty bodies in relation to the World Conference and its preparatory process. It recalled the importance attached to the full participation of the treaty bodies' representatives in all future meetings and in the Conference itself, to the recognition of the group of chairpersons as a special advisory body to the World Conference, and to the establishment at the Conference of a special working group entrusted with the task of examining issues relevant to the implementation of existing human rights standards and instruments, evaluating the effectiveness of United Nations methods and mechanisms and formulating concrete recommendations.
163. The Committee reaffirmed the importance it attached to the World Conference, as a major event capable of contributing, in a decisive way, to the enhancement of awareness and to strengthening the promotion and protection of human rights worldwide, while reinforcing the role of the United Nations in this field. It therefore decided to follow closely and contribute actively to the preparatory process and the World Conference itself.
164. In this respect, the Committee reaffirmed its readiness to ensure its full participation in the Conference. It further decided to be represented by two or more of its members at the fourth session of the Preparatory Committee, to be held in April 1993, during which the question of the final outcome of the World Conference was to be taken up. The Committee decided that it would be represented by its Chairperson and its Rapporteur.
165. The Committee also expressed its readiness to be represented at the regional meeting to be organized in Asia, while regretting that it had not been possible for it to participate in the meetings held at Tunis and San José, Costa Rica.
166. Moreover, the Committee decided to participate in the satellite meeting of the Conference, organized in Strasbourg by the Council of Europe, from 28 to 30 January 1993. The Committee designated as its representatives Mrs. Marta Santos Pais and Mr. Thomas Hammarberg.
167. The Committee was informed by the Secretariat of the stage of preparation of the six "prototype" studies to be submitted to the World Conference, as well as of the 12 substantive contributions prepared by different United Nations bodies.
168. The Committee recalled the relevance of this documentation, particularly in view of the fact that one of the objectives identified in the annotations to the studies was to review and assess progress achieved with regard to the human rights of children and to take into consideration the Convention on the Rights of the Child (A/CONF.157/PC/20, para. 5), while others would consider the system of implementation of existing human rights instruments, including the reporting obligations, and envisage ways to improve the work of human rights treaty bodies.
169. Having this in mind, the Committee decided to appoint two or more of its members to the group of persons who would be reviewing the content of the "prototype" studies, as recommended by the meeting of persons chairing the human rights treaty bodies.
170. The Committee took note of the provisional agenda for the World Conference, which illustrated the importance afforded to the contemporary trends in and new challenges to the full realization of all human rights of women and men, including those of persons belonging to vulnerable groups.
171. It recalled its previous recommendation to the Preparatory Committee for the World Conference on Human Rights to organize the agenda of the Conference in such a way as to ensure that the rights of the child would be given due emphasis.
172. In view of the fact that the Preparatory Committee will consider at its fourth session the question of the final outcome of the World Conference, and that issues of interest may be raised under the appropriate agenda item for possible inclusion in the final document of the Conference, the Committee decided to recommend the consideration of the question of "Children in armed conflicts" as an illustration of a challenge to the full realization of all human rights of women and men, including those of persons belonging to vulnerable groups (see chapter I, recommendation 5, and annex V).
174. The working group presented an oral report to the Committee on its activities reflecting the consideration it had given to the plurality of possible measures to be undertaken in this respect, including the level of priority they might deserve. It emphasized once again the relevance of the general discussion for the study and the deeper understanding of this outstanding reality and for the establishment of an important framework for its future activities.
175. The Committee recognized the need to ensure continuous attention to this problem and to benefit from the experience of its examination of States parties' reports to envisage further steps, in particular for the consideration of a general comment or the draft of a set of recommendations or specific guidelines.
176. The Committee envisaged the adoption of the following priority measures:
(a) To recommend, in view of the serious way in which armed conflicts affect the enjoyment by children of their basic rights and in order to focus greater attention on this reality, to the General Assembly to request the Secretary-General to undertake, in the light of article 45 (c) of the Convention, a study on ways and means of improving the protection of children from the adverse effects of armed conflicts (see annex VI to the present report);
(b) To entrust one of its members with the task of preparing a preliminary draft of an optional protocol to the Convention, raising to 18 years the age mentioned in article 38 of the Convention. This preliminary draft is to be found as annex VII to the present report. In this framework, the Committee encouraged States parties to give consideration to the adoption of possible measures aimed at raising the age mentioned in article 38 to 18 years;
(c) To address the issue of the involvement of children in armed conflicts in a recommendation to be submitted to the fourth session of the Preparatory Committee for the World Conference. The Committee believes, in fact, that following the adoption by the General Assembly of the provisional agenda of the World Conference, this issue might be an important topic to raise in the framework of the item concerning contemporary trends in and new challenges to the full realization of all human rights of women and men, including those of persons belonging to vulnerable groups;
(d) To include in the list of topics identified by the Committee as possible subjects for study the question of recovery and reintegration, in the light of article 39 of the Convention.
177. Finally, the Committee welcomed the decisive and important contribution made to the general discussion on children in armed conflicts by the different bodies invited, the Special Rapporteur of the Commission on Human Rights on the sale of children, United Nations organs, specialized agencies and other competent bodies, including non-governmental organizations, which had ensured a lively dialogue, an in-depth consideration of the different areas covered and an overall approach to this reality, in the framework of the Convention on the Rights of the Child.
178. The Committee therefore decided to send a letter to those who had participated in the general discussion to thank them for their contribution and to inform them about the follow-up measures adopted by the Committee.
179. The Committee considered, in the framework of the general discussion on children in armed conflicts, the serious situation of children in the former Yugoslavia and the reports of violations of fundamental human rights, including allegations of rape of girls and women in Bosnia-Herzegovina.
180. The Committee recalled in this perspective the ratification by Yugoslavia of the Convention on the Rights of the Child, in January 1991. It also took note of the consideration by the Human Rights Committee of the situation in Croatia, Bosnia and Herzegovina, and Yugoslavia. In view of the gravity of the situation and the need to envisage ways to alleviate the plight of the affected children and to ensure the full respect and protection of their rights, the Committee decided to bring its concerns to the attention of the Special Rapporteur appointed by the Commission on Human Rights to follow the situation of human rights in the territory of the former Yugoslavia. The Committee furthermore invited the Special Rapporteur to take part in its discussions on the question of "children in armed conflicts". Through such a dialogue, the Committee would have expected to raise a wider awareness of the way in which armed conflicts affect children, particularly when they are even used as a target for military strategy, and to encourage the consideration of measures guided by the best interests of the child. It would have also hoped that these concerns might be reflected in the reports to be submitted by the Special Rapporteur to the Commission on Human Rights. Since it was not possible to benefit from his presence, the Committee decided to address a recommendation to the Special Rapporteur, requesting him, in fulfilling his mandate and preparing his future reports, to take the Convention on the Rights of the Child into full consideration (see chapter I, recommendation 3). It further expressed its willingness to meet the Special Rapporteur at one of its future meetings, in order to pursue the consideration of this issue.
1. Cooperation with other competent bodies
182. It further recognized the relevant role played by non-governmental organizations in creating awareness of the Convention and participating in the process of monitoring its implementation. In this framework, the Committee took note with interest of the recent Latin American meeting of non-governmental organizations, held at Lima, Peru, in December 1992. Attention was also called to the Declaration then adopted, reflecting an important commitment towards the realization of the rights of the child. The Committee decided to distribute the Lima Declaration in one of its documents (CRC/C/14).
184. In spite of this additional time given to the Committee, it expressed the concern that, in view of the number of States parties to the Convention (128) and the number of reports to be submitted in the light of article 44 of the Convention, further measures would soon be needed.
185. To facilitate the consideration of such measures, the Committee entrusted one of its members with the preparation of a working paper reflecting different possible options for the organization of work of the Committee, in the light of the tasks entrusted to it. The working paper, which is reproduced as annex VIII to the present report deserves further consideration.
1. Adoption of the agenda.
2. Information by the Secretariat on the action taken pursuant to decisions adopted by the Committee at its previous sessions.
3. Review of developments relevant to the work of the Committee, including:
(a) Action taken by the General Assembly, the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities;
(b) Developments in other human rights treaty monitoring bodies.
4. Submission of reports by States parties in accordance with article 44 of the Convention.
5. Consideration of reports of States parties.
6. World Conference on Human Rights.
7. Seminar on indicators.
8. General discussion on "Protection of the child against economic exploitation".
9. Methods of work of the Committee.
10. System of documentation and information.
11. Future meetings.
12. Other matters.
STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 28 JANUARY 1993 (128)
MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD
Mrs. Hoda BADRAN* Egypt
Mgr. Luis A. BAMBAREN GASTELUMENDI** Peru
Mrs. Akila BELEMBAOGO** Burkina Faso
Mrs. Flora C. EUFEMIO* Philippines
Mr. Antônio Carlos GOMES DA COSTA* Brazil a/
Mr. Thomas HAMMARBERG** Sweden
Mr. Youri KOLOSOV** Russian Federation
Miss Sandra Prunella MASON** Barbados
Mr. Swithun Tachiona MOMBESHORA* Zimbabwe
Mrs. Marta SANTOS PAIS* Portugal
* Term expires on 28 February 1993.
** Term expires on 28 February 1995.
a/ Mrs. Maria de Fátima BORGES DE OMENA resigned on 1 October 1991.
"PROTECTION OF THE CHILD AGAINST ECONOMIC EXPLOITATION": OUTLINE IDENTIFYING ISSUES TO BE DISCUSSED DURING THE ONE-DAY GENERAL DISCUSSION ON THE TOPIC
2. Article 32 of the Convention on the Rights of the Child recognizes "the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development".
3. Though article 32 will be the major focus of the discussion, several other articles are relevant. Article 33, for instance, calls on States parties to take measures to prevent the use of children in the illicit production and trafficking of narcotic drugs. Article 34 seeks the protection of the child against, for instance, exploitative use in prostitution and pornography. Article 35 requests States parties to prevent the abduction of, sale of or traffic in children for any purpose, and article 36 requests protection of the child against other forms of exploitation prejudicial to the child's welfare.
4. These articles should be read in the light of the important general principles expressed in the Convention. One of these, article 2, addresses the problem of discrimination between children; each child should be ensured his or her rights as set forth in the Convention, irrespective of the child's (or guardian's) race, sex, ethnic or social origin, etc. Article 3 formulates the important principle of the best interests of the child. Article 4 requests the States parties to implement the economic, social and cultural rights "to the maximum extent of their available resources". Article 6 recognizes that every child has the right to life, and article 12 seeks to assure to the child the right to express his or her views freely and provides that those views should be given due weight, thus encouraging the child's active participation.
5. Other articles of the Convention deemed appropriate to a discussion on the protection of the child against economic exploitation include in particular article 28, as it provides, inter alia, for free and compulsory education, and article 39, as it concerns measures to promote the child's physical and psychological recovery and social reintegration.
6. The Committee would like to gather information about the nature and the scope of the problem of economic exploitation of children. It is interested in knowing about factors which prevent the ending of these violations and proposals for action to ensure the full enjoyment of the rights set out in the Convention.
7. It welcomes country examples or thematic reports, e.g. on children as housemaids or factory workers. It would also welcome background analytical texts, for instance, on the linkage between international economic and other relationships and the economic exploitation of children.
2. In accordance with article 38 of the Convention, States parties "undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child" and to "take all feasible measures to ensure protection and care of children who are affected by an armed conflict". Article 39 requires that States parties take all appropriate measures "to promote physical and psychological recovery and social reintegration of a child victim of ... armed conflicts".
3. None the less, in many parts of the world children are deeply affected by armed conflicts and are prevented from enjoying their fundamental rights and freedoms. There are numerous cases where parties to armed conflicts do not comply with the rules of international humanitarian law.
4. At its second regular session, in October 1992, the Committee on the Rights of the Child established by the Convention held a general discussion on the topic "Children in armed conflicts", for the purpose of stressing the outstanding importance of this issue in the context of the promotion and protection of children's rights.
5. In view of the different contributions made and the problems considered, the Committee reflected in its report "a need for a continuous response to the outstanding and complex question of children in armed conflicts" (CRC/C/10, para. 75). At its third regular session, in January 1993, the Committee recognized that this issue might be an important topic to be raised in the framework of the item on the provisional agenda of the World Conference on Human Rights, to be held in Vienna in June 1993, entitled "Consideration of contemporary trends in and new challenges to the full realization of all human rights of women and men, including those of persons belonging to vulnerable groups".
6. To this end, the following text was prepared for consideration at the World Conference:
"The World Conference on Human Rights,
"Taking into account that children are very often the victims of inhuman acts and suffer serious harm as a result of armed conflicts,
"Stressing the need for special protection for children in areas of armed conflicts,
"Confirming its commitment to ensure, under all circumstances, full respect for human rights and especially the rights of the child,
"Welcoming the efforts of the Committee on the Rights of the Child to achieve progress in protecting children from harmful consequences of armed conflicts,
"1. Recognizes the need to strengthen measures of protection of children in situations of armed conflicts;
"2. Expresses its belief that full compliance with the rules of the humanitarian law relating to the protection of children in armed conflicts should always be ensured;
"3. Urges all States and all parties involved in armed conflicts to take all necessary measures to ensure that children are adequately protected from all kinds of negative effects of armed conflicts and can effectively enjoy their rights."
CHILDREN IN ARMED CONFLICTS: RECOMMENDATION TO THE GENERAL ASSEMBLY
2. At its second session held in September-October 1992, the Committee devoted one day to a general discussion on the topic "Children in armed conflicts". The main issues discussed included the relevance and adequacy of existing standards applicable in the framework of children in armed conflicts; the measures to ensure effective protection to children in situations of armed conflicts and the promotion of physical and psychological recovery and social reintegration. The report of the Committee on its second session (CRC/C/10, paras. 61-77) and the summary records of its 38th and 39th meetings (CRC/C/SR.38 and 39) reflect the discussion of the issues at the Committee's second session. The Committee further discussed these problems at its third session (11-29 January 1993).
3. The Committee concluded that in order to focus greater attention on the serious problem of children in armed conflicts, a major United Nations study should be undertaken. It is clear that children suffer badly in current armed conflicts; humanitarian law standards are frequently violated or do not cover all relevant situations. Attempts to organize "corridors of peace" or "days of tranquillity" for the sake of humanitarian needs have not always been welcomed by the parties involved. There is therefore a need to review the international response to these urgent problems and discuss new approaches to their solution. Accordingly, the Committee recommends to the General Assembly, in accordance with article 45 (c) of the Convention, that it request the Secretary-General to undertake a study on ways and means of improving the protection of children from the adverse effects of armed conflicts. For this purpose, the Secretary-General might wish to invite the cooperation of relevant specialized agencies, other United Nations organs, non-governmental organizations and the International Committee of the Red Cross.
4. The Committee requests the Secretary-General to bring this recommendation to the attention of the General Assembly for consideration at its forty-eighth session.
PRELIMINARY DRAFT OPTIONAL PROTOCOL ON INVOLVEMENT OF CHILDREN IN ARMED CONFLICTS
Encouraged by the fact that an unprecedented number of States have to date become parties to the Convention, thereby demonstrating the widespread commitment that exists to strive for the promotion and protection of the rights of the child,
Reaffirming that the rights of children require special protection and call for continuous improvement of the situation of children all over the world, as well as for their development and education in conditions of peace and security,
Considering that to further implement the rights recognized in the Convention on the Rights of the Child, there is a need to strengthen the protection of children involved in armed conflicts,
Believing that the involvement in hostilities of persons who have not attained the age of eighteen years is harmful for them physically and psychologically and affects the full implementation of the rights of the child, including the right to life,
Noting that Article 1 of the Convention recognizes every human being below the age of eighteen years to be a child, unless under the law applicable to the child, majority is attained earlier,
Recognizing that Article 38 of the Convention admits recruitment of persons into armed forces and their direct participation in hostilities after the attainment of the age of fifteen years,
Taking into account that many States Parties to the Convention have expressed their determination, including through unilateral declarations upon signature or ratification, not to recruit into their armed forces persons below the age of eighteen years,
Convinced that an optional protocol to the Convention, raising the age of possible recruitment of persons into armed forces [and their direct participation in hostilities] to eighteen years, will contribute effectively to the implementation of the principle that the best interests of the child are to be a primary consideration in all actions concerning children, while giving States Parties which find themselves in a position to do so the possibility to adhere to such a protocol,
Have agreed as follows:
2. The present Protocol is subject to ratification or open to accession by any State which has ratified or acceded to the Convention. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
3. The Secretary-General of the United Nations in his capacity as the depositary of the Convention and the Protocol shall inform all States Parties to the Convention and all States which have signed the Convention of the deposit of each instrument of ratification or accession to the Protocol.
2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession.
2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States Parties to the Convention and all States which have signed the Convention.
WORKING PAPER ON POSSIBLE WAYS TO FACE THE WORKLOAD OF THE COMMITTEE
2. This resolution of the General Assembly was inspired by the first recommendation adopted by the Committee on the Rights of the Child (A/47/41, chap. I, recommendation 1), which expressed its concern about the unprecedented workload to be faced, the risk of building up an undesirable backlog in the consideration of State parties' reports, and the need to deal with them in a timely and thorough manner.
3. The number of States parties continues to grow and the widespread commitment, shown by the number of ratifications, to promote and protect the rights of the child will undoubtedly soon be associated with the submission of reports on the implementation process. Additional forms of organizing the work of the Committee need therefore to be envisaged. As a treaty body, in fact, the Committee is expected to assess the compliance of States parties with the Convention, as well as to assist Governments in fulfilling their obligations. On the other hand, however, time has also to be allocated to activities related to the promotion of the rights of the child, such as the consideration of steps taken in the field by other bodies or organizations, the study of a particular article or topic of the Convention in a general discussion day, the area of technical advice or assistance, or the considerations of its methods of work. And even if it is true that the consideration of reports constitutes an essential area of its work and, at this stage, a priority task, the planning of its work will also have to allow sufficient time for other activities.
4. The first recommendation of the Committee had a careful and flexible wording, no specific scenario being envisaged at that initial stage. But the reality of about 100 reports to be considered in the first cycle of four years was already clearly anticipated, and the measures proposed were: at least two regular sessions as from 1993; and the establishment of a pre-sessional working group (a) to conduct a preliminary review of the reports; and (b) to consider questions relating to technical assistance and international cooperation. No mention was then made of the duration of the sessions, either of the plenary or of the working group, nor of the composition of the latter. For its part, the General Assembly established a limit for each session - up to three weeks - and for the working group - one week - but still did not define its composition - a competence with which, in fact, it had not been entrusted by the Convention, as it was to be an internal decision of the Committee on its own methods of work.
5. Pre-sessional working group
The pre-sessional working group is a subsidiary body of the Committee, to which rule 63 of the provisional rules of procedure applies. It was established, as reflected in recommendation 1 adopted by the Committee, with a specific mandate: to prepare the consideration of States parties' reports and to consider questions relating to technical assistance and international cooperation.
As for its composition, only for 1992 was a specific indication given: a working group of the whole.
In paragraph 1 of rule 63, the Committee is invited to define the composition of the pre-sessional working group.
And if, for the moment, the composition of five members has been suggested, it seems that, following the relevant rules, the Committee is entitled to decide otherwise. a/
6. Special sessions
Another reality should be considered in this framework: the possibility of organizing special sessions of the Committee convened by inter alia, the Chairperson of the Committee or the majority of the members of the Committee (see rule 3 of the provisional rules of procedure).
The agenda for these special sessions consist only of the items proposed for such sessions (rule 7).
Special sessions may therefore be convened for the consideration of States parties' reports or any other area of the activities of the Committee. b/
7. In the light of this framework, different possibilities for organizing the Committee's work may be envisaged. Attention should in any case be paid to the need to allocate sufficient time both for adequately examining States parties' reports and for considering other areas of activity of the Committee, as well as to the importance of benefiting from the diversity of background of the members of the Committee, a reality which is so unique to this treaty body and which contributes to underlining the holistic approach to the rights of the child emphasized by the Convention. Furthermore, it should be recalled that, apart from the meetings allocated for the dialogue with the States submitting reports - and the Committee has for the moment considered that at least two meetings would be needed for each c/ - sufficient time must be devoted to the consideration of the concluding observations.
The following possibilities might be considered.
7.1 Asking the States parties to recommend to the General Assembly: d/
(a) The organization of an additional session per year, in such a way that two sessions would be exclusively for dealing with reports and the third one for discussing thematic issues, the area of technical assistance and the methods of work of the Committee;
(b) The allocation of resources for longer sessions, in order to deal with more reports.
(c) The enlargement of the Committee to 18 members, like the majority of the other human rights treaty bodies. This idea was referred to in the previous meeting of States parties. Although no specific need for such a measure has been indicated by the Committee, which has benefited from an excellent spirit of cooperation, interation and effectiveness in its present composition, the important aspect to retain is the implications this option would have at the level of resources for an additional number of eight experts.
7.2 Convening special sessions of the Committee, in the light of rule 3 of the provisional rules of procedure (see para. 6 of this working paper). This would, in practice, allow the Committee to meet additionally to the two regular sessions, or immediately following them - this last option would only have financial implications for the per diem, and not for the travel expenses.
7.3 Definition of the composition of the pre-sessional working group in such a way that more reports would be prepared for consideration. Following rule 63 (see para. 5 of this working paper) one could envisage a working group composed of eight experts, enabling a shared responsibility in the study of the reports, the consideration of the diversity of expertise of its members and even, when appropriate, the establishment of subcommittees in view of the different areas covered by the reports.
Such a solution would make it possible to have more reports ready for consideration and to have them in reserve for the case when a State party was not in a position to present its report and the Committee decided to postpone its consideration.
7.4 Other solutions seem to raise some difficulties:
(a) Limiting the agenda to the consideration of States parties' reports, and not dealing with other matters for a certain period - an option which affects:
(i) the general discussion day, including its preparation and follow-up;
(ii) the consideration of important developments in the field of child's rights, such as the World Conference, the ILO Conference on Child Labour and the International Year of the Family, in the near future - to name just a few.
This option would in any case not allow the examination of more than seven or eight reports per session, if serious consideration is to take place;
(b) Reducing the number of meetings for each report, which would prevent the consideration of the global implementation of the Convention, limiting it to the nuclear issues of interest or concern, in view of each particular reality. Although this may be possible for the consideration of initial reports, it would in any case limit the capacity of the Committee to assist the countries in the areas not discussed - and the next dialogue will only take place in five years - and it would definitely not be adequate for the following periodic reports;
(c) Establishing subcommittees and distributing between them the consideration of the submitted reports. This solution would not benefit from the diversity of expertise available in the present composition of the Committee, would reduce the global perspective given by the 10 members - which is already a fairly small number in view of the comprehensiveness of the Convention. This could also affect the common degree of evaluation ensured by the Committee and reflected in the concluding observations, which is now a reality in view of the participation of the whole Committee in the dialogue with each State party.
(d) Another option would be the consideration of the implementation of the Convention by stages, following the structure reflected in the adopted guidelines. Such a measure would apparently not reduce the total time to be allocated to each State party report, while it would affect the important consideration of the way different rights interrelate in the Convention and diminish the capacity of globally evaluating its implementation in each country.
b/ The contents of note a/ would apply as appropriate.
c/ The comprehensive nature of the Convention, covering both civil and political, and economic, social and cultural rights, should be borne in mind, as should the time devoted by other treaty bodies to the consideration of only one set of rights.
d/ Although the States parties have just recently met and approved the schedule of two sessions per year and it may be too soon to propose additional decisions, the fact is that they are meeting soon (23 February 1993) for the election of five members of the Committee. This could therefore be an ideal occasion to formulate a recommendation or appeal, enabling the next General Assembly eventually to decide upon it.
LIST OF DOCUMENTS ISSUED FOR THE THIRD SESSION OF THE COMMITTEE
CRC/C/3/Add.2 Initial report of Bolivia
CRC/C/3/Add.3 Initial report of the Sudan
CRC/C/3/Add.4 Initial report of Viet Nam
CRC/C/3/Add.5 Initial report of the Russian Federation
CRC/C/3/Add.6 Initial report of Egypt
CRC/C/8/Rev.1 Note by the Secretary-General listing initial reports due in 1993
CRC/C/8/Add.1 Initial report of Rwanda
CRC/C/11 Note by the Secretary-General listing
initial reports due in 1994
CRC/C/12 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports
CRC/C/13 Provisional agenda and annotations
CRC/C/14 Decision adopted by the Committee on the Rights of the Child on 13 January 1993
CRC/C/15 and Add.1-5 Concluding observations
CRC/C/15/Add.6 Preliminary observations
CRC/C/SR.47-74 Summary records of the third session of the Committee on the Rights of the Child
