Distr.

GENERAL

 

CRC/C/24

8 March 1994

 

ENGLISH

Original: ENGLISH/FRENCH

COMMITTEE ON THE RIGHTS OF THE CHILD

Fifth session

Geneva, 10-28 January 1994

 

 

Report adopted by the Committee at its 130th meeting,

on 28 January 1994

 

COMMITTEE ON THE RIGHTS OF THE CHILD

 

Report on the fifth session

 

(10-28 January 1994)

 

 

CONTENTS

 

ChapterParagraphs Page

 

I.CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE

COMMITTEE ON THE RIGHTS OF THE CHILD 4

 

II.ORGANIZATIONAL AND OTHER MATTERS 1 - 177

 

A.States parties to the Convention 1 - 27

 

B.Opening and duration of the session 37

 

C.Membership and attendance 4 - 87

 

D.Agenda 98

 

E.Pre-sessional working group 10 - 149

 

F.Organization of work 159

 

G.Future meetings 16 - 179

GE.94-15734 (E)

 

CONTENTS (continued)

 

ChapterParagraphs Page

 

III.REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION 18 - 12311

 

A.Submission of reports 1811

 

B.Consideration of reports 19 - 12311

 

1.Concluding observations: Mexico 26 - 4412

 

2.Concluding observations: Namibia 45 - 6615

 

3.Preliminary observations: Colombia 67 - 8218

 

4.Concluding observations: Romania 83 - 10521

 

5.Concluding observations: Belarus 106 - 12324

 

IV.OVERVIEW OF THE OTHER ACTIVITIES OF

THE COMMITTEE . 124 - 18228

 

A.Cooperation with United Nations bodies 124 - 15828

 

1.Informal meeting on cooperation with

United Nations bodies 124 - 13628

 

2.System of information and

documentation 137 - 14830

 

3.Education on human rights and

children's rights 149 - 15832

 

B.Action taken by the General Assembly and

cooperation with the Sub-Commission on

Prevention of Discrimination and Protection

of Minorities 159 - 16834

 

1.Action taken by the General Assembly

at its forty-eighth session 159 - 16134

 

2.Cooperation with the Sub-Commission

on Prevention of Discrimination and

Protection of Minorities 162 - 16835

 

C.Cooperation with Interpol 169 - 17536

 

 


CONTENTS (continued)

 

ChapterParagraphs Page

 

D.Follow-up to the general discussion on the

economic exploitation of children 176 - 17737

 

Recommendations concerning economic

exploitation of children 38

 

E.Future day of general discussion 178 - 18243

 

V.DRAFT PROVISIONAL AGENDA FOR THE SIXTH SESSION 18344

 

VI.ADOPTION OF THE REPORT 18445

 

Annexes

 

I.States which have ratified or acceded to the Convention

on the Rights of the Child as at 20 December 1993 (154) 46

 

II.Membership of the Committee on the Rights of the Child 51

 

III.Status of submission of reports by States parties under

article 44 of the Convention on the Rights of the Child 52

 

IV.General discussion on the economic exploitation of

children 61

 

V."Role of the family in the promotion of the rights of

the child" (Outline of issues to be raised during the

general discussion on the topic) 63

 

VI.List of documents issued for the fifth session of the

Committee . . . . . 65

 

 


I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY

THE COMMITTEE ON THE RIGHTS OF THE CHILD

 

1. Organization of work - sessions of the

Committee and of its subsidiary bodies

 

The Committee on the Rights of the Child,

 

Recalling that the Convention on the Rights of the Child has become, within an exceptionally short period, the international human rights instrument with the largest number of ratifications, demonstrating the international community's special commitment to the promotion and protection of the rights of children,

 

Concerned about the workload of the Committee and the risk of building up an undesirable backlog in the consideration of State party reports submitted pursuant to article 44 of the Convention,

 

Recalling that the Commission on Human Rights has also expressed concern at the increasingly heavy workload of the Committee and the resulting difficulties faced by it in the fulfilment of its functions,

 

Recalling also the recommendation made by the World Conference on Human Rights that the Committee, with the assistance of the Centre for Human Rights, be enabled expeditiously and effectively to meet its mandate, especially in view of the unprecedented extent of ratifications and subsequent submission of country reports,

 

Convinced that having an adequate amount of time for the meetings of the Committee is a vital factor in ensuring the continued effectiveness of the Committee in future years,

 

1.Requests the Secretary-General to convene a Meeting of the States Parties to the Convention on the Rights of the Child, in advance of or during the course of the forty-ninth session of the General Assembly, with a view to reviewing, pursuant to paragraph 10 of article 43 of the Convention, the duration of the meetings of the Committee;

 

2.Further requests, in accordance with the above-mentioned provision of the Convention, the States parties to determine that the number of annual sessions of the Committee as from 1995, as well as the number of sessions of the working group established to conduct a preliminary review of State party reports and to consider questions relating to technical assistance and international cooperation, should be increased to three;

 

3.Requests the General Assembly at its forty-ninth session to approve any such determination that may be adopted by the States parties;

 

4.Decides to fix the dates of such third regular session and of its pre-sessional working group in consultation with the Secretary-General, taking into account the calendar of conferences as approved by the General Assembly.

 

2. Organization of work - special session

of the Committee in 1994

 

The Committee on the Rights of the Child,

 

Noting the previous conclusions and recommendations it has adopted in order to ensure effectiveness to its work and prevent the building up of an undesirable backlog in the consideration of States parties' reports,

 

Stressing the need to adopt urgent and adequate solutions to meet the high expectations created by the Convention on the Rights of the Child and its system of implementation,

 

Recalling in particular the decision adopted at its fourth session to convene a special session of the Committee in 1994, in accordance with rule 3 of its rules of procedure,

 

Noting that, pursuant to article 44, paragraph 5, of the Convention, and in accordance with rule 64 of its rules of procedure, the Committee will submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities,

 

Recalling that the biennial report of the Committee will only be examined during the forty-ninth session of the General Assembly, to take place at the end of 1994,

 

Reaffirms the decisive importance and urgency of holding such a special session in 1994, preceded by a pre-sessional working group meeting, as an essential measure in facing its workload in an effective and expeditious manner, in the light of the recommendations of the World Conference on Human Rights.

 

3. Cooperation with other United Nations

bodies and treaty bodies

 

The Committee on the Rights of the Child,

 

Reaffirming the importance of ensuring effective interaction and cooperation with United Nations bodies acting in the field of the rights of the child,

 

Recognizing the need to maintain an effective dialogue with other human right bodies on common issues and problems,

 

Recalling the Vienna statement adopted by the international human rights treaty bodies (A/CONF.157/TBB/4), which stressed the need to accord high priority to efforts designed to promote greater coordination among the various international treaty bodies,

 

Further recalling the recommendation adopted by the World Conference on Human Rights that matters relating to human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system,

 

Reaffirming the need to provide the Committee with adequate resources to enable it to develop effective communication and dialogue with other human rights bodies and to participate effectively in United Nations meetings relevant to its work,

 

1.Decides to be represented at, and to that end to closely follow, the preparatory process of the World Summit for Social Development, to take place in March 1995, in Denmark, as well as of the World Conference on Women, to take place in Beijing in 1995;

 

2.Also decides to be represented by two of its members at the International Conference on Population Development, to be held in Cairo in September 1994;

 

3.Reaffirms the fundamental importance it attaches to its participation in the meeting of experts on the application of international standards concerning the human rights of detained juveniles, to be organized in Geneva in 1994, in the light of resolution 1993/80 adopted by the Commission on Human Rights, and recalls in this regard the recommendations formulated by the Committee in the framework of the consideration of States parties' reports;

 

4.Decides to follow closely the general discussions to be held by the Committee on Economic, Social and Cultural Rights in 1994, on "the role of social safety nets as a means of protecting economic, social and cultural rights, with particular reference to situations involving major structural adjustment and/or transition to a free market economy" and on "human rights education and public information", and stresses the important attention it has given to these areas, namely in the framework of its dialogue with States parties.

 

 


II. ORGANIZATIONAL AND OTHER MATTERS

 

A. States parties to the Convention

 

1.As at 28 January 1994, the closing date of the fifth session of the Committee on the Rights of the Child, there were 154 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.

 

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

 

B. Opening and duration of the session

 

3.The Committee on the Rights of the Child held its fifth session at the United Nations Office at Geneva from 10 to 28 January 1994. The Committee held 26 meetings (105th to 130th). An account of the Committee's deliberations at its fifth session is contained in the relevant summary records (CRC/C/SR.105-130).

 

C. Membership and attendance

 

4.All members attended the fifth session. A list of the members of the Committee, together with an indication of the duration of their terms of office, appears in annex II to the present report.

 

5.The following United Nations bodies were also represented at the session: United Nations Children's Fund; Office of the United Nations High Commissioner for Refugees.

 

6.The following specialized agencies were also represented at the session: International Labour Organisation; United Nations Educational, Scientific and Cultural Organization; World Health Organization.

 

7.In addition, the International Criminal Police Organization was represented at the session.

 

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

 

Category I: International Movement ATD Fourth World, Soroptimist International, Zonta International.

 

 

 

 

 

Category II: Defence for Children International, Friends World Committee for Consultation (Quakers), International Association of Penal Law, International Catholic Child Bureau, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights.

 

Roster: World Organization against Torture.

 

Others: Indigenous Peoples' Documentation Center (DOCIP), NGO Group for the Convention on the Rights of the Child, One World Productions.

 

D. Agenda

 

9.At its 105th meeting, on 10 January 1994, the Committee adopted the provisional agenda (CRC/C/21). The agenda of the fifth session, as adopted, was as follows:

 

 1.Adoption of the agenda.

 

 2.Organizational and other matters.

 

 3.Information by the secretariat on the action taken pursuant to decisions adopted by the Committee at its previous sessions.

 

 4.Submission of reports by States parties in accordance with article 44 of the Convention.

 

 5.Consideration of reports of States parties.

 

 6.System of documentation and information.

 

 7.Question of indicators.

 

 8.Follow-up on the general discussion on "Protection of the child against economic exploitation".

 

 9.Cooperation with other United Nations bodies and specialized agencies.

 

10.Methods of work of the Committee.

 

11.Future meetings.

 

12.Other matters.

 

13.Biennial report of the Committee on its activities.

 

 

 

 

 

 

 

 

E. Pre-sessional working group

 

10.In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 15 to 19 November 1993. All members except Mrs. Marilia Sardenberg participated in the working group.

 

11.In the course of its meetings the pre-sessional working group examined lists of issues put before it by members of the Committee relating to the initial reports of the following five countries: Belarus, Colombia, France, Pakistan and Romania.

 

12.In addition, the working group had before it the lists of issues drawn up at the previous pre-sessional working group in relation to the initial reports of Mexico and Namibia, which had been kept in reserve as possible substitutes, for the fourth session of the Committee, and were subsequently scheduled for consideration at the fifth session.

 

13.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 Committee wishes to receive, if possible before the end of 1993, written answers to the issues raised in the list. 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 and the written answers to it available in advance of the Committee's session."

 

14.The working group also decided that it should, whenever possible, establish informal contacts with the Permanent Missions of States whose reports are scheduled for consideration at forthcoming sessions, in order to inform them of the procedure followed by the Committee for the consideration of reports and clarify the purposes of the dialogue it intends to conduct with the representatives of the States parties.

 

F. Organization of work

 

15.The Committee considered the organization of work at its 105th meeting, on 10 January 1994. The Committee had before it the draft programme of work for the fifth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its fourth session (CRC/C/20).

 

G. Future meetings

 

16.At its fourth session, the Committee, recognizing the need to adopt urgent and adequate solutions to enable it expeditiously and effectively to meet its mandate, had decided, in accordance with rule 3 of its provisional rules of procedure, to convene a special session of the Committee in 1994.

Accordingly, the sixth (special) session would take place from 5 to 22 April 1994 and the pre-sessional working group would meet from 31 January to 4 February 1994.

 

17.The tentative schedule for the Committee's meetings in 1994 is as follows:

 

Pre-sessional working group31 January to 4 February 1994

 

Sixth (special) session 5 to 22 April 1994

 

Pre-sessional working group25 to 29 April 1994

 

Seventh session26 September to 14 October 1994

 

Pre-sessional working group17 to 21 October 1994

 

 

 


III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

 

A. Submission of reports

 

18.In connection with this item, the Committee had before it the following documents: (a) notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.2) and 1994 (CRC/C/11/Rev.3); (b) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/22); (c) a note by the Secretary-General on the status of consideration of reports (CRC/C/23). The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see paras. 19-123 below) and those which had been received prior to the Committee's fourth session (see CRC/C/20, para. 19), the Secretary-General had received the initial reports of Jamaica (CRC/C/8/Add.12), Nicaragua (CRC/C/3/Add.25), Poland (CRC/C/8/Add.11) and Ukraine (CRC/C/8/Add.10, as well as additional information submitted by Peru (CRC/C/3/Add.24) and Indonesia (CRC/C/3/Add.26) following the requests made by the Committee in the course of its consideration of the initial reports submitted, respectively, by Peru (see CRC/C/20, para. 68) and Indonesia (ibid., para. 54).

 

B. Consideration of reports

 

19.At its fifth session, the Committee examined initial reports submitted by five States parties under article 44 of the Convention. It devoted 13 of its 26 meetings to the consideration of reports (CRC/C/SR.106-107, 109-110, 113-115, 120-122 and 124-126).

 

20.At the request of the Government of France, consideration of the initial report of France which was scheduled for the fifth session, was postponed.

 

21.The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its fifth session: Mexico (CRC/C/3/Add.11), Namibia (CRC/C/3/Add.12), Colombia (CRC/C/8/Add.3), Romania (CRC/C/3/Add.16), Pakistan (CRC/C/3/Add.13), Belarus (CRC/C/3/Add.14).

 

22.In the course of the session, the consideration of the initial report of Pakistan was postponed at the request of the Government of Pakistan. However, in view of the fact that a representative of the Government of Pakistan was present in Geneva, an informal meeting was held between the representative and some of the members of the Committee. This informal meeting provided the opportunity for the representative of Pakistan to submit written information in reply to the list of issues that had previously been sent to the Government of Pakistan, and for members of the Committee who attended the meeting to explain the procedure followed during the consideration of States parties' reports.

 

23.In accordance with rule 68 of the 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.

 

24.The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding or preliminary observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.

 

25.More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.

 

1. Concluding observations: Mexico

 

26.The Committee considered the initial report of Mexico (CRC/C/3/Add.11) at its 106th and 107th meetings (CRC/C/SR.106-107), held on 11 January 1994, and adopted* the following concluding observations:

 

(a)Introduction

 

27.The Committee notes with satisfaction the early ratification of the Convention and the timely submission of the initial report of Mexico. In particular, the Committee appreciates the comprehensiveness of the report, which contains detailed information on the legal framework within which the Convention is implemented. The Committee, however, notes with regret the lack of information on the factors and difficulties impeding the implementation of the various rights recognized in the Convention, as well as the insufficiency of information on the concrete effects of measures adopted.

 

28.The Committee welcomes the written information provided by the Government in reply to the questions set out in the list of issues (CRC/C/4/WP.3), which were communicated to it before the session. Furthermore, the supplementary information provided by the delegation and its knowledge of matters connected with the Convention made it possible to engage in an open and constructive dialogue. The Committee also notes with appreciation the fact that replies to a number of questions raised during the dialogue were sent in writing to the Committee shortly after the consideration of the report.

 

(b)Positive aspects

 

29.The Committee welcomes the efforts made by the State party in bringing domestic law into line with the Convention, through the enactment of new laws, the amendment of the Constitution and the adoption of programmes specifically aimed at promoting and protecting the rights of the child. Among these achievements was the adoption, following the World Summit for Children in 1990, of the National Programme of Action, which focused on the areas of health, education, basic sanitation and assistance to minors in especially difficult circumstances as well as the periodical evaluation of the National Programme of Action. Other welcome developments are the adoption of the Law on the Treatment of Juvenile Offenders and the incorporation in the Constitution of the right of everyone to education through the amendment of

 

_________

 

* At the 130th meeting, held on 28 January 1994.

 

its articles 3 and 31. The Committee also notes with interest the various activities undertaken by the National Human Rights Commission in the field of children's rights as well as the adoption of the National Development Plan and the Solidarity Programme aimed at solving the serious economic and social problems encountered by the country.

 

30.The Committee also notes with satisfaction the serious efforts undertaken to inform children with respect to the Convention and to encourage their participation in the implementation process through various innovative means.

 

(c)Factors and difficulties impeding the implementation of the Convention

 

31.The Committee takes note of the existing disparities in the country and the difficult economic and social situation of Mexico, characterized by a high level of foreign debt, the inadequacy of budgetary resources earmarked for essential social services benefiting children and the unequal distribution of the national wealth. These difficulties severely affect children, particularly those living in poverty and children belonging to minority groups or indigenous communities. The Committee also notes that the high level of violence in the society and within the family and the recent political violence connected with the uprising in the Chiapas region have a considerable negative impact on the situation of children in Mexico.

 

(d)Principal subjects of concern

 

32.The Committee expresses its concern at the fact that laws and regulations relevant to the enforcement of the rights of the child are not always compatible with the provisions of the Convention. It regrets that there is no provision in the national legislation relating to the best interests of the child or the prohibition of discrimination against children. Mere reference in the report to the Convention as being the "Supreme Law of the Land", pursuant to article 133 of the Constitution, should not preclude the Government from taking the necessary steps to fully harmonize national legislation with the provisions of the Convention, namely in the light of article 4 of the Convention. Similarly, the National Programme of Action adopted in 1990 and its enforcement machinery, based on the targets identified by the World Summit for Children, do not fully take into account the particularities of the Convention. Furthermore, similarly to the National Programme of Action adopted in 1990 and its enforcement machinery based on the targets identified by the World Summit for Children, a monitoring mechanism should be established to follow the implementation of the Convention.

 

33.The national legislation and practice should take into full consideration, in the light of article 5 of the Convention, the capacity of the child to exercise his or her rights, namely in the field of citizenship.

 

34.The Committee expresses its concern at the unequal distribution of the national wealth in the country and the disparities and discrepancies in the enforcement of the rights provided for under the Convention between the different regions of the country, to the detriment of rural children and children belonging to minorities or indigenous communities.

 

35.The Committee is troubled by the great number of complaints of ill-treatment of children attributed to the police and security or military personnel and is disturbed by the failure to take effective steps to punish those found guilty of such violations or to make public eventual punishments; this may lead to a feeling on the part of the population that impunity prevails and that it is therefore useless or dangerous to bring complaints before the competent authorities. The Committee is also preoccupied by the existence on a large scale of child abuse and violence within the family.

 

36.The Committee is worried at the lack of implementation, in practice, of the provisions of the Convention and domestic legislation relating to the administration of juvenile justice and the treatment of young offenders.

 

37.The Committee is alarmed at the large number of children who have been forced, in order to survive, to live and/or work in the streets. The exploitation of children as migrant workers is also of deep concern. Domestic law and its application in practice do not appear to be in conformity with the provisions of the Convention and relevant Conventions of the International Labour Organisation relating to the employment of minors.

 

38.A large percentage of children living in difficult circumstances, in particular children belonging to minorities or indigenous communities, appear to have left school without having been able to complete their primary education.

 

39.The Committee also notes with concern the high number of international adoptions of Mexican children.

 

(e)Suggestions and recommendations

 

40.The Government must take all necessary steps, in all areas, to ensure the respect and actual implementation of the provisions contained in national legislation relating to the rights of the child. Furthermore, the Committee recommends that the State party take necessary steps to fully harmonize federal and State legislation with the provisions of the Convention. Principles relating to the best interests of the child and the prohibition of discrimination in relation to children should be incorporated into domestic law, and it should be possible to invoke them before the courts. Relevant mechanisms should also be set up, parallel to those deriving from the National Programme of Action, to monitor the implementation of the Convention at the federal, State and local levels. Coordination between the various levels of the administration as well as cooperation with non-governmental organizations involved in the implementation of the Convention and the monitoring thereof should be strengthened.

 

41.The Committee emphasizes that the best interests of the child must be a guiding principle in the application of the Convention and that the authorities should undertake all appropriate measures to the maximum extent of their available resources to ensure that sufficient resources are allocated to children, particularly children living and/or working in the streets, children belonging to minority groups or indigenous communities and other vulnerable children.

 

42.The Committee recommends that the State party should intensify its action against all violence resulting in cases of ill-treatment of children, in particular when committed by members of the police force and security services and the military. The State party should ensure that cases of crimes committed against children by members of the armed forces or the police are tried before civilian courts.

 

43.The Committee recommends that urgent measures be adopted to combat discrimination against children belonging to the most vulnerable groups, in particular children subject to abuse or violence within the family, children living and/or working in the streets and children belonging to indigenous communities, including measures to eliminate and prevent discriminatory attitudes and prejudices such as those based on gender. In the framework of the adoption process, due consideration should be given to the provisions of article 12 of the Convention. Furthermore, intercountry adoption should be considered in the light of article 21, namely as a measure of last resort.

 

44.Finally, the Committee recommends that the provisions of the Convention should be widely publicized among the general public and, in particular, among teachers, social workers, law enforcement officials, the staff in correctional facilities, judges and members of other professions who are concerned with the implementation of the Convention. The Committee further recommends that, in the light of article 44, paragraph 6, of the Convention, the report submitted by the Government be made widely available to the public at large, including non-governmental organizations, and that the publication of the report be considered, along with the relevant summary records and the concluding observations thereon adopted by the Committee.

 

2. Concluding observations: Namibia

 

45.The Committee considered the initial report of Namibia (CRC/C/3/Add.12) at its 109th and 110th meetings (CRC/C/SR.109-110), held on 13 January 1994, and adopted Footnote the following observations:

 

(a)Introduction

 

46.The Committee welcomes the ratification of the Convention by the Government of Namibia. The Committee also wishes to express its appreciation to the State party for the particularly detailed and comprehensive report prepared and for the frank and constructive dialogue with the delegation.

 

(b)Positive aspects

 

47.The Committee welcomes the political commitment within the country to improve the situation of children. The Committee also wishes to express its appreciation as regards the Government's willingness to be self-critical and to search for creative and innovative approaches to address the problems facing children in society. The Committee takes particular note of the following initiatives: the activities undertaken to promote greater public awareness of the rights of the child, also among children themselves; the encouragement of cooperation with the local, national and international communities in efforts to promote and protect the rights of the child; the Early Childhood Protection and Development Programme; the "street children" programme; the "Discipline from Within" Programme in the schools; and the development of Youth Councils. With regard to the latter two programmes, the Committee underlines their importance in respect of the possible measures to be taken to make a reality of various provisions of the Convention, particularly its article 12.

 

48.The Committee also notes with interest the suggestion that more vocational schools be established to try to reduce the level of school drop-outs.

 

(c)Factors and difficulties impeding the implementation of the Convention

 

49.The Committee takes note that Namibia became an independent State in 1990 having suffered the consequences of colonial administration, apartheid and war. The Committee recognizes that these factors, combined with the problems of poverty, have had a constraining influence on the implementation of the provisions of the Convention. In particular, the Committee draws attention to the legacy of laws from the pre-independence period which are contrary to the provisions of international instruments and the Namibian Constitution.

 

(d)Principal subjects of concern

 

50.The Committee observes that Namibia is not yet a State party to all the major international human rights instruments and is concerned that the reform of much national legislation remains to be undertaken to bring it into conformity with the provisions of the Convention on the Rights of the Child. In this connection, the Committee notes the contradictions to be found in national legislation with respect to the definition of the child.

 

51.The Committee is concerned at the extent of discrimination on the ground of gender as well as against children born out of wedlock and children in especially difficult circumstances. It also expresses concern at the discrimination practised against children with disabilities.

 

52.Certain phenomena which may have a possible negative impact or consequence on the situation of children, such as teenage pregnancies, the high incidence of households headed by a single person, and the apparent lack of widespread understanding among parents of their joint parental responsibilities, are of concern to the Committee.

 

53.The Committee also takes note of the problems involved with improving the quality of education.

 

54.Equally, the Committee is concerned at the situation of children in especially difficult circumstances, including the incidence of child labour, particularly on farms and in the informal sector, and the number of children dropping out of school.

 

55.As regards the system of juvenile justice in place in Namibia, the Committee is concerned as to its conformity with the Convention on the Rights of the Child, namely its articles 37 and 40, as well as with relevant

international instruments such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

 

(e)Suggestions and recommendations

 

56.The Committee recommends that consideration be given to the possibility of Namibia becoming a party to all the major international human rights instruments, and suggests that the State party may wish to request assistance from the United Nations Centre for Human Rights in this regard.

 

57.Equally, the Committee suggests that the State party fully integrate the Convention on the Rights of the Child into the national legal framework and into national plans of action for the implementation of the rights of the child. Moreover, the Committee recommends the early adoption of a new Children's Act which will take fully into account the principles and provisions of the Convention on the Rights of the Child and observations made by the Committee during its dialogue with the State party.

 

58.While noting with satisfaction the establishment of an Ombudsman's Office which has a mandate to deal with complaints of human rights violations, including those relating to children, the Committee suggests that the State party evaluate the work of the present Ombudsman's Office to protect the rights of the child with a view to determining whether any further measures would be required to support the Office in its endeavours to contribute to the implementation of the rights of the child.

 

59.The Committee notes the important role being played by community leaders in efforts to improve the implementation of the rights of the child, particularly in order to overcome the negative influences of certain traditions and customs which may contribute to discrimination against the girl child, children suffering from disabilities and children born out of wedlock. The Committee also encourages the State party to continue to fully involve civil society and non-governmental organizations in activities to promote and protect the rights of the child.

 

60.Concerning the implementation of the rights of children to participate and express their views, the Committee is interested in receiving more information in the State party's next report on the functioning of the Youth and School Councils and on their involvement in any initiatives to address problems facing children and youth.

 

61.The Committee notes the clear recognition by the State party of the problems facing children in the family situation and the need to develop programmes, such as the training of social workers, education in family planning and the establishment of an alcohol and drug abuse centre, to address these problems. It also suggests that research be undertaken on the issue of sexual abuse within the family context.

 

62.With regard to educational matters, the Committee encourages the development of the initiative to provide more training to schoolteachers as a means to improve the quality of education and provide an opportunity to raise awareness within this profession of the rights of the child.

 

63.The Committee recommends that the study on marginalized groups of children be undertaken as a matter of priority.

 

64.The Committee is of the opinion that the system of the administration of juvenile justice in the State party must be guided by the provisions of articles 37 and 40 of the Convention on the Rights of the Child as well as relevant international standards in this field, including the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Moreover, it is suggested that measures be taken to train law enforcement officials, judges, personnel working in detention centres and counsellors of young offenders about international standards for the administration of juvenile justice. The Committee underlines the need for technical assistance programmes in the light of these recommendations and encourages the State party to continue its cooperation with the Centre for Human Rights, the Crime Prevention and Criminal Justice Branch of the United Nations Secretariat and UNICEF in this regard.

 

65.The Committee also recommends that the State party ensure that its policy and legislation on the issue of child labour is in conformity with the provisions of the Convention on the Rights of the Child and relevant ILO Conventions.

 

66.Furthermore, the Committee suggests that the State party undertake measures and programmes to educate the general public on parental responsibilities and to consider the possibility of providing counselling in this regard. In addition, the Committee recommends that the State party, in its efforts to further disseminate awareness of the Convention on the Rights of the Child, make widely available, by appropriate means, the State party report, the summary records and the concluding observations of the Committee.

 

3. Preliminary observations: Colombia

 

67.The Committee began consideration of the initial report of Colombia (CRC/C/8/Add.3) at its 113th, 114th and 115th meetings (CRC/C/SR.113-115), held on 17 and 18 January 1994. In view of the fact that it was not possible during the session to fully clarify a number of serious concerns about the implementation of the Convention, the Committee decided to continue consideration of the initial report of Colombia at a future session and adopted Footnote the following preliminary observations. In this connection, the Committee requests the State party to provide it with written answers to the questions set out in the list of issues (CRC/C.5/WP.2) which had been formally transmitted to the State party. Equally, the Committee requests the State party to provide it with additional information on particular areas of concern

identified by the Committee, as set out in paragraphs 76 to 82 below. The Committee recommends that the information requested be submitted by 28 February 1994.

 

(a)Introduction

 

68.The Committee expresses its appreciation to the State party for the submission of its initial report and takes note of the information contained in the report, particularly with regard to the steps taken to provide a legislative framework for the implementation of the Convention. The Committee regards its preliminary dialogue with the State party to have been fruitful and as one which was undertaken in a cooperative spirit. The Committee, however, regrets that it was not given sufficient information regarding the actual situation of children in Colombia or on specific measures being taken at present to protect vulnerable groups at grave risk.

 

(b)Positive aspects

 

69.The Committee welcomes the major legislative initiatives adopted with a view to providing a legal framework for the implementation of the Convention, namely the adoption of the Minors' Code and the references to the rights of the child contained in the revised Constitution. The Committee also welcomes the steps taken by the Government towards creating special mechanisms for the implementation of the Convention, such as the Inter-Agency Committee for the Defence, Protection and Promotion of the Human Rights of Children and Young People and the Office of the President's Programme for Youth, Women and the Family. The Committee also welcomes in this connection the efforts made to facilitate the participation of non-governmental organizations (NGOs) in the implementation process.

 

70.The Committee notes the progress which has been made over the last 10 years in lowering the infant mortality rate. The Committee also welcomes the formulation by the State party of a National Plan of Action and the setting of concrete goals as a follow-up to the World Summit for Children.

 

(c)Factors and difficulties impeding the implementation of the

Convention

 

71.The Committee takes note that Colombia is going through a difficult economic transition period and is facing serious political problems stemming from drug-related terrorism, violence and poverty. The Committee takes note of the disparities existing in the country at the economic and social levels.

 

(d)Principal subjects of concern

 

72.The Committee expresses its concern over the significant gap between the laws adopted to promote and protect the rights of the child and the practical application of those laws to the actual situation of a great number of children in Colombia. The Committee is concerned at the lack of sufficient coordination of the various efforts to implement the Convention. The Committee is also concerned about discriminatory and adverse social attitudes, particularly among law enforcement officials, towards vulnerable groups of children.

 

73.The Committee expresses its grave concern over the life-threatening situation faced by an alarming number of children in Colombia, particularly those who, in order to survive, are working and/or living in the streets. Many of those children are subject to arbitrary arrest and torture and other inhuman or degrading treatment by authorities. They are also subject to coercion, disappearance, trafficking and murder by criminal groups.

 

74.The Committee expresses its grave concern over the large proportion of Colombian children who continue to live in extreme poverty despite the fact that Colombia has one of the most favourable economic growth rates and one of the lowest amounts of per capita foreign indebtedness in the region. Many children in Colombia, including a large proportion of rural and indigenous children, have been economically and socially marginalized and have limited or no access to adequate education or health care services.

 

75.The rules on the minimum age of employment are below international standards and even then are not enforced. Hazardous child labour, including in mines, is a matter of the deepest concern.

 

(e)Preliminary suggestions

 

76.The Committee suggests that firm measures be taken urgently to ensure the right to survival for all children in Colombia, including those from vulnerable groups. Such measures should include a quick response to reports of and complaints from children who are victims of violence, disappearance, assassination or alleged organ trafficking. Thorough and systematic investigation should be carried out and severe penalties applied in cases involving violence against children. The outcome of investigations and cases of convictions should be widely publicized in order to deter future offences.

 

77.The Committee suggests that, in order to increase the coverage and quality of services for children and to include those from vulnerable groups, more substantial budgetary allocations be provided to services for children, particularly in the areas of education and health, namely in the light of articles 2 and 3 of the Convention.

 

78.The Committee suggests that reliable quantitative and qualitative information be systematically collected and analysed to monitor closely the situation of marginalized children, particularly those from indigenous groups, in order to guide further efforts to improve their situation.

 

79.In regard to the problems of working children, the Committee suggests that Colombia ratify ILO Convention No. 138 concerning the minimum age for admission to employment and review all relevant legislation with a view to bringing it up to minimum international standards. Child labour laws should be enforced, complaints should be investigated and severe penalties imposed for violations. The Committee suggests that the Government more actively enlist the support of NGOs and other private sector organizations in raising public awareness of the problem and in monitoring enforcement of the laws.

 

80.In the field of the administration of juvenile justice, greater efforts should be made to ensure respect for the standards and legal safeguards contained in the Convention, in particular in the light of articles 37, 39 and 40 and taking into due consideration other relevant international instruments adopted in this field by the United Nations. Furthermore, the Committee suggests that all children deprived of their liberty should be registered and closely monitored in order to ensure that they are afforded the protection provided by the Convention.

 

81.The Committee suggests that steps be taken to strengthen the educational system, particularly in the rural areas. The quality of teaching should be improved and the high number of school drop-outs should be reduced. Counselling services for youth should be developed as a preventive measure aimed at lowering the high incidence of teenage pregnancies and stemming the dramatic rise in the number of single mothers. Educational campaigns should be undertaken to reduce violence in society and in the family and to combat prejudice on the basis of gender.

 

82.To assess the implementation of the Convention and to narrow the gap between the law and its practice, the Committee suggests that the State party establish a mechanism to monitor the actual situation of children, particularly those from vulnerable groups. Given the seriousness of the problem, the Committee suggests that the State party seek closer cooperation with international agencies which may be able to provide assistance and expertise and to embark upon major reform in the problem areas identified by the Committee. The Committee suggests that a new attitude and approach be developed, particularly as regards the police and the military, in order to enhance respect for all children, regardless of their social, economic or other background, and to reaffirm their value. In this connection, information and training programmes should be strengthened at the level of the community and the family. Further measures should be envisaged to strengthen cooperation with NGOs aiming at greater social mobilization on behalf of the rights of the child.

 

4. Concluding observations: Romania

 

83.The Committee considered the initial report of Romania (CRC/C/3/Add.16) at its 120th to 122nd meetings (CRC/C/SR.120-122), held on 20 and 21 January 1994 and adopted Footnote the following concluding observations:

 

(a)Introduction

 

84.The Committee expresses its appreciation to the State party for submitting, prior to the session, written replies to its list of issues (CRC/C.4/WP.5) and for engaging in a fruitful dialogue with the Committee.

 

(b) Positive aspects

 

85.The Committee welcomes measures undertaken by the Government of Romania, since the entry into force of the Convention in 1990, in order to promote and protect children's rights. It notes the establishment of such governmental agencies as the Central Committee for the Orientation and Coordination of Activities on Behalf of Minors, the Committee for the Support of Child-care Institutions and the Romanian Adoption Committee. Of particular importance was the creation, in February 1990, of the Romanian National Committee for UNICEF and in 1993 of the National Committee for the Protection of the Child. The Committee also notes with satisfaction that a number of laws have been amended or supplemented and that new legislation has been drafted in order to bring domestic laws into conformity with the provisions of the Convention.

 

86.The Committee notes that the Government of Romania has committed itself to a policy of bringing institutionalized children into a family environment. Efforts have been made to protect the value of the child allowance. A programme for the education of social workers has been initiated.

 

87.The Government has demonstrated willingness and readiness to cooperate with various intergovernmental and non-governmental organizations active in the field of the rights of the child.

 

(c)Factors and difficulties impeding the implementation of the Convention

 

88.The reform of certain laws, policies and institutions in place before the ratification of the Convention had to be undertaken in order to allow for its effective implementation. Difficulties have also been caused by prejudices, intolerance and other popular attitudes in contradiction with the general principles of the Convention. The Committee further notes the problems related to the transition economy and that the situation of children has worsened as a consequence of growing poverty and increasing unemployment.

 

(d) Principal subjects of concern

 

89.The Committee is worried about the effect on children of the difficult economic situation prevailing in the country. In this connection, the Committee is particularly concerned as to whether there are adequate measures to protect children from being the victims of economic reform, in the light of articles 3 and 4 of the Convention. The rights and basic needs of all children in the country should be taken into account also during the process of decentralization and privatization.

 

90.The Committee is concerned about the insufficient steps taken in the framework of legal reform to bring existing legislation into full conformity with the Convention, including in the light of the basic principles of the Convention, in order to overcome existing discrepancies such as the one reflected in the present law on marriage age. The Committee is equally concerned about existing lacunae in national legislation which may hamper efforts to implement the Convention. The various legislative and administrative measures undertaken to ensure implementation seem not to have been sufficiently coordinated and streamlined.

 

91.The Committee is concerned at the occurrence of child abuse and neglect within the family and the disruption of family values which in some cases lead to children being abandoned or running away. Children in such families are vulnerable to sexual abuse, drug abuse and alcoholism. The growing number of children living and/or working in the streets is a matter of deep concern.

 

92.The Committee is concerned about the situation of children of minorities, especially within the context of articles 2, 28, 29 and 30 of the Convention. The low school attendance of the Roma (gypsy) group of children is a serious problem. In more general terms, the Committee finds that there is a need for more effective measures to combat prejudices against this minority.

 

93.The Committee is also concerned at the lack of adequate training of social workers, law enforcement officials and judicial personnel on the principles and provisions of the Convention.

 

(e) Suggestions and recommendations

 

94.The Government should regularly monitor the impact of the structural adjustment programmes on children and take adequate measures for their protection.

 

95.The Committee also recommends that a more coherent approach be taken by the Government in implementing the Convention, particularly in assuring better coordination between the various mechanisms and institutions already in place to deal with promotion and protection of the rights of children. Of great importance, in that context, is the establishment of an appropriate structure at the local level and the coordination of efforts undertaken at the local and national levels.

 

96.Special efforts should be made to bring the existing legislation fully into line with the provisions of the Convention and thereby take into account the principles of non-discrimination, the best interests of the child, and respect for the views of the child, as in the case of labour legislation. The Family Code of 1954 needs to be revised in the light of the Convention.

 

97.The Committee considers that greater efforts should be made to provide family education; to develop awareness of the equal responsibilities of parents; and to disseminate widely knowledge about modern methods of family planning and thereby reduce the practice of abortion.

 

98.The Committee suggests that research be undertaken on the issue of child abuse and neglect within the family.

 

99.The Committee recommends that personnel dealing with children be provided with adequate training in the basic principles and norms contained in the Convention on the Rights of the Child. Special training should be given to social workers in recognition of the importance of this profession.

 

100.The legislation on adoption should be further amended and enforced to effectively prevent, in particular, intercountry adoptions in violation of the spirit and letter of the Convention on the Rights of the Child and taking into account the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, namely in view of the statement made by the delegation of the Government of Romania as to its intention to ratify this Convention.

 

101.Further efforts are recommended to create a better understanding among the public about the situation of children with disabilities. The promotion of their rights should be further advanced through, for instance, support to parents' organizations and a sustained programme for moving children from institutions to a good family environment.

 

102.The system of administration of juvenile justice should be guided by the provisions of articles 37 and 40 of the Convention on the Rights of the Child as well as other relevant international standards such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee suggests that part of the training of the law enforcement personnel, judges and other administration of justice officials be devoted to an understanding of these international standards of juvenile justice.

 

103.The Government should adopt an active non-discrimination policy with respect to children of minorities. This would also, particularly in relation to the Roma (gypsy) population, require proactive measures to encourage participation and break a vicious circle of widespread prejudices resulting in hostility or neglect. The problem of low school attendance among children from the Roma minority should be urgently addressed.

 

104.The Committee also recommends that the report submitted by the State party, the summary records of its consideration and the concluding observations of the Committee be disseminated as widely as possible within the country. These documents might also serve the discussion about further steps towards systematic mechanisms to monitor and promote the implementation of the Convention.

 

105.The State party is encouraged to continue its cooperation with the Centre for Human Rights in the field of advisory services and technical assistance and with the support of the international community to strengthen further the child rights component in such programmes, and to that end due account should be taken of the recommendations and suggestions contained in these observations.

 

5. Concluding observations: Belarus

 

106.The Committee considered the initial report of Belarus (CRC/C/3/Add.14) at its 124th to 126th meetings (CRC/C/SR.124-126), held on 25 and 26 January 1994, and adopted Footnote the following concluding observations:

 

(a)Introduction

 

107.The Committee welcomes the ratification of the Convention by the Government of Belarus. The Committee appreciates the opportunity to engage in a dialogue with the State party and its efforts to provide further information to that contained in the initial report of Belarus submitted under the Convention.

 

 

 

(b)Positive aspects

 

108.The Committee observes that Belarus is a State party to all the major international human rights instruments. Note is also taken of the recent adoption by the State party of the Rights of the Child Act and other legislative and administrative measures in an effort to address the problems facing children, which serve as an indication of the importance the State party attaches to its obligations under the Convention.

 

109.The Committee also notes the State party's willingness to seek advice and technical assistance in developing appropriate mechanisms to implement the rights of the child.

 

(c)Factors and difficulties impeding the implementation of the

Convention

 

110.The Committee recognizes that the State party is facing serious obstacles in implementing the provisions of the Convention. It notes that significant political changes have had an impact on the legislative system and on society in general. The Committee further notes the problems related to the transition economy and that the situation of children has worsened as a consequence of growing poverty and increasing unemployment. The Committee also recognizes that the State party is experiencing major difficulties in countering the negative consequences of the Chernobyl nuclear plant disaster on the environment and on the health of the population, including children.

 

(d)Principal subjects of concern

 

111.The Committee expresses its concern as to the full compatibility of national legislation, measures and programmes with the provisions and principles of the Convention, especially as regards such matters as children as the subjects of rights, family education and equal parental responsibilities. Moreover, the Committee is concerned about an apparent discrepancy in the legislation between the age for completion of mandatory education, which is 15, and the minimum age for labour, which is 16.

 

112.The Committee is concerned as to whether the most disadvantaged groups of children in the society have been identified and programmes targeted accordingly to ensure that adequate safety nets are in place to prevent a deterioration of the rights they are entitled to under the Convention. The situation of rural children is also a matter of general concern.

 

113.The Committee is concerned about the continuation of the practice of the institutionalization of children in spite of the policy adopted to the contrary and about the number of intercountry adoptions which, though still comparatively low, is on the increase.

 

114.The Committee expresses its concern at the health status of children, particularly in the aftermath of the Chernobyl nuclear disaster, the apparent priority given to curative health care rather than decentralized preventive health care, the low prevalence of breast-feeding and the high number of abortions.

 

115.As regards children requiring special protection measures, the situation in relation to the administration of juvenile justice is a matter of general concern to the Committee. The Committee is also concerned that adequate measures are not being taken to protect children from exploitation through labour, the appearance of the problem of sexual exploitation of children and the problem of drug abuse.

 

(e)Suggestions and recommendations

 

116.The Committee recommends that the State party consider the possibility of establishing a permanent body to coordinate the implementation and monitoring of the rights of the child. It is also recommended that the State party prepare, as a matter of priority, a national plan of action for children. The Committee would like to see the provisions and principles of the Convention fully integrated into this plan, particularly its articles 2, 3, 4, 6 and 12.

 

117.The Committee would also like to see a considerably stronger involvement of non-governmental organizations in the work of protecting and promoting the rights of the child.

 

118.The Committee expresses the hope that the State party will become a party to the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, as well as the 1980 Convention on the Civil Aspects of International Child Abduction. Equally, the Committee recommends the early adoption of the Family and Marriage Law and that it take account of the need to undertake appropriate measures to address the serious problems of family breakdown in the State party.

 

119.The Committee would like to see a stronger emphasis placed on primary health care activities, which would include the development of educational programmes to cover such matters as family education, family planning, sex education and the benefits of breast-feeding. Equally, the Committee encourages the training of community health care workers to develop awareness of these subjects among the general public, including children. In addition, the Committee recommends that programmes of rehabilitation and reintegration for emotionally disturbed or traumatized children be developed.

 

120.The Committee recommends that the State party evaluate the adequacy of the measures it has taken to provide social security for the benefit of children. It is also suggested that programmes be carefully targeted to the needs of both rural and urban children and that adequate social safety nets be put in place for the most disadvantaged groups of children.

 

121.In view of the significant risk of the exploitation of children through labour, particularly in the light of recent changes to national legislation, the Committee suggests that this matter be urgently addressed and that the necessary action be taken in line with the Convention and in particular its article 3 as it relates to the best interests of the child.

 

122.The Committee recommends that the State party, in its efforts to develop general public awareness of the Convention on the Rights of the Child, make available the State party's report, the summary records and the concluding observations of the Committee.

 

123.The Committee encourages the international community to provide technical assistance and advice to the State party in its efforts, inter alia, to harmonize national legislation and measures with the Convention on the Rights

of the Child, to develop a coordinating body on children's rights and to determine the targeting of programmes, the major thrust of policies and the mobilization of resources for the rights of the child. It is suggested that technical assistance be sought from UNICEF, WHO, the Centre for Human Rights and other interested organizations. The Committee also encourages international support for measures to cope with the aftermath of the Chernobyl nuclear disaster.

 

 


IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE

 

A. Cooperation with United Nations bodies

 

1. Informal meeting on cooperation with United Nations bodies

 

124. Following a decision taken at its previous session (see CRC/C/20, paras. 158-160), the Committee on the Rights of the Child held an informal meeting with specialized agencies, at ILO headquarters, to consider ways and areas in which existing cooperation could be strengthened to enhance the promotion and protection of the rights of the child. For this purpose, a working paper had been prepared by a member of the Committee on "Goals and strategies for the international work for the rights of the child up to the year 2000". ILO also submitted a working paper on "The specialized agencies and the Committee on the Rights of the Child".

 

125.The issues raised during this consultation reaffirmed the relevance attached by the Committee to cooperation with United Nations bodies, namely in the light of article 45 of the Convention on the Rights of the Child and of the importance attached by the World Conference on Human Rights to international cooperation and solidarity as an essential means to achieve progress in human rights. The World Conference had emphasized a framework for the implementation of the Convention and there was a need to envisage the necessary and appropriate strategies to achieve the basic goals it had defined to bring the rights of the child into reality.

 

126.In this framework it was recalled that, in the Vienna Declaration and Programme of Action, the World Conference had urged the United Nations system to "increase considerably the resources allocated to programmes" aiming at, in particular, the establishment and strengthening of national legislation, national institutions and related infrastructures which uphold the rule of law and democracy, as well as human rights awareness through training, teaching and education, popular participation and civil society (A/CONF.157/24 (Part I), chap. III, part I, para. 34).

 

127.It was further recalled that the World Conference had stressed the importance for organs and specialized agencies dealing with human rights to enhance the coordination of their activities based on the consistent and objective application of international human rights instruments (ibid., para. 4), as well as to strengthen, rationalize and streamline their activities, taking into account the need to avoid unnecessary duplication, and to assess the impact of their strategies and policies on the enjoyment of all human rights (ibid., part II, para. 1).

 

128.In the specific area of the rights of the child, the World Conference had stressed that the rights of the child should be a priority in United Nations system-wide action on human rights (ibid., part I, para. 21 in fine), and recommended that matters relating to human rights and the situation of children be regularly reviewed and monitored by all relevant organs and mechanisms of the United Nations system and by the supervisory bodies of the specialized agencies in accordance with their mandates (ibid., part II, para. 51).

 

129.In the light of these general considerations, the exchange of views at the informal meeting between members of the Committee and the representatives of the different United Nations bodies present stressed the shared interest in improving the system of cooperation and strengthening the existing spirit of partnership for the promotion and protection of the rights of the child.

 

130.To that end, having in mind the tasks entrusted to the Committee under the Convention on the Rights of the Child, several proposals were presented aimed at planning the essential areas to be covered and the strategies to be followed to reach the following basic goals for action defined by the Vienna Declaration and Programme of Action:

 

(a)universal ratification of the Convention by 1995;

 

(b)withdrawal of reservations contrary to the object and purpose of the Convention;

 

(c)effective implementation of the Convention, namely through the submission of States parties' reports in a timely and thorough manner;

 

(d)fulfilment of the Committee's mandate in an expeditious and effective manner;

 

(e)integration of the Convention into national action plans and following the comprehensive national approach taken by the Committee;

 

(f)international cooperation and solidarity, including through programmes of technical advice or assistance.

 

131.The discussion underlined important areas of cooperation to achieve these goals. It was interesting to note that there were often common references to important fields of action to be pursued. That was the case of a system of information, the organization of conferences and visits at the regional and country level, the relevance of the concluding observations adopted by the Committee, and the importance of active cooperation with non-governmental organizations.

 

132.At the level of information, it was reiterated that, following the consultative meeting held on 9 October 1993 (see CRC/C/20, para. 178 in fine), it would be important to strengthen the cooperative spirit of work aiming at a system of mutual assistance and sharing of available information, in the case of the study both of a country situation (where special importance was recognized for the Committee's pre-sessional working group, including to consider the field of technical advice or assistance) and of thematic questions (such as in the case of general discussions, studies or general comments). In this regard, reference was made to the steps that have been

undertaken to build up a network of information on the rights of the child, in close cooperation with United Nations organs, specialized agencies and other competent bodies. Endnote

 

133.Conferences and visits to specific regions or countries were considered as essential means to achieve universal ratification, to create deeper awareness of the principles and provisions of the Convention, to encourage the withdrawal of invalid reservations, to pave the way for an effective system of implementation through the consideration and coordination of appropriate policies and programmes and the development of a meaningful process of evaluation, monitoring and follow-up, and to enhance international cooperation through technical advice or assistance.

 

134.The concluding observations adopted by the Committee following the consideration of each State party report were mentioned as a crucial reference document to strengthen the implementation of the Convention. Such concluding observations naturally emphasize the indivisibility and interdependence of the rights of the child, while stressing the interdisciplinary character of the policies to be envisaged and implemented. In this regard, they encourage States parties and United Nations bodies periodically to review the measures adopted in the framework of their competence, to evaluate the progress achieved, and to monitor the follow-up given, including in the field of common programmes of technical advice and assistance.

 

135.Cooperation with non-governmental organizations was stressed once again as an essential element of the implementation process of the Convention, in the light of their decisive contribution to strengthening its comprehensive national approach and of their role in increasing public awareness of human rights through advocacy, education, training and research, as well as in encouraging social mobilization and popular participation for the realization of the rights of the child.

 

136.The participants stressed the importance of the informal meeting for improving the system of international cooperation for the protection and promotion of the rights of the child. They recognized, therefore, the importance of pursuing in future meetings this fruitful dialogue on actions and strategies to reach the basic goals considered in this regard by the World Conference on Human Rights.

 

2. System of information and documentation

 

137.The Committee on the Rights of the Child has reaffirmed on many occasions the importance of building a network of information and documentation in the field of children's rights. It has stressed that such a network should be established in close cooperation with United Nations organs, specialized agencies and other competent bodies, human rights-monitoring treaty bodies, as well as other relevant mechanisms active in the field, including the Special Rapporteur of the Commission on Human Rights on 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.

 

138.Moreover, the Committee has emphasized the importance of ensuring a systematic interaction and a meaningful dialogue with all these bodies active in the field of the rights of the child, paving the way for a thematic and integrated approach. For this purpose, it has suggested the establishment of a focal point on children's issues within the Centre for Human Rights (see CRC/C/16, paras. 126-130).

 

139.For all these reasons the Committee decided, at its second session, to establish a working group to consider the question of the system of information and documentation relevant to its work, including computerization (CRC/C/10, recommendation 2, para. 7).

 

140.The Committee was informed, by the members who had participated in it, about the consultative meeting on indicators and information systems for children's rights, organized on 9 October 1993 in close cooperation with UNICEF. The report given thereon reflected the emphasis put on the importance of a meaningful spirit of cooperation between all the entities represented there - the Centre for Human Rights, United Nations organs and specialized agencies, non-governmental organizations and the Committee itself. Such a spirit would be essential to building up a network of information and ensuring access to comprehensive, accurate and updated data.

 

141.There had been a deep interest at the meeting in the Convention on the Rights of the Child and its system of implementation, recognized as crucial for the consideration and development of new steps in this area. For this reason, the members of the Committee had the opportunity of explaining in detail the procedures followed in their work, as well as the value of their guidelines for the thematic approach they ensured to the different areas covered by the Convention.

 

142.At the same meeting, information had been provided on important projects concerning the establishment of an effective system of monitoring the implementation of the Convention and the use, in that regard, of appropriate indicators to assess existing trends and evaluate the progress achieved. The Committee felt that it was extremely encouraging to see the results already achieved in this important area, which constitutes an essential tool for evaluating the way children enjoy their fundamental rights.

 

143.In the light of all these important developments, the Committee took note with particular interest of the invitation addressed to it by the Centre for Human Rights to participate, on 19 January 1994, in a consultative meeting on an information and documentation system to support the Convention on the Rights of the Child, a meeting which would in fact constitute a follow-up to that of 9 October 1993.

 

144.Representatives of various United Nations bodies and other competent bodies were present at the meeting, reaffirming once again their interest in building up an integrated system of information and documentation and cooperating to achieve that purpose.

 

145.During the meeting, the Committee was able to present its expectations in this regard, underlining its priorities in the light of the workload it faces in dealing with the large number of States parties' reports, resulting from the fact that the Convention on the Rights of the Child is the most widely ratified instrument in the field of human rights.

 

146.In this framework, reference was also made to the report and recommendations of the Task Force appointed by the Commission on Human Rights to study the question of the computerization of the work of the treaty bodies (E/CN.4/1990/39), which had listed the needs of the committees established by the different human rights conventions, reflecting the common areas of interest for the information system, naturally also shared by the Committee on the Rights of the Child.

 

147.The participating United Nations bodies, as well as the representatives of non-governmental organizations, presented the different computerized systems they have developed within their organizations, which had in fact already been shown to the Committee at previous sessions, in particular by ILO (see CRC/C/10, para. 30), UNHCR (see CRC/C/16, para. 124) and WHO (see CRC/C/20, para. 179, and by UNICEF during the consultative meeting of 9 October 1993. Furthermore, they identified the areas where cooperation could be foreseen, as well as the fields where assistance could be provided to the Centre for Human Rights in general, and to the Committee on the Rights of the Child in particular. In view of the urgent nature of these measures, the participants decided to establish a working committee to plan the steps to be undertaken in the near future and the priorities to be defined.

 

148.The Committee expressed its willingness to continue to be associated with all these efforts in order to ensure that the actions to be developed in the future will take the user's perspective and needs into due consideration. Furthermore, it stressed that it was particularly encouraging to see that the rights of the child had paved the way for a constructive dialogue between the different bodies of the United Nations system, non-governmental organizations and the Committee in such a decisive field as that of information. Children's rights had also created the occasion for efforts to be brought together, in a spirit of interaction and complementarity, and to give a new impetus to the actions previously initiated within the Centre for Human Rights. The Committee further reaffirmed that it was confident that the steps to be undertaken to support the implementation of the Convention on the Rights of the Child would also be extremely beneficial to the work and computerization of all the other treaty bodies.

 

3. Education on human rights and children's rights

 

149.The Committee took note with particular interest of the letter addressed to it by the Assistant Secretary-General for Human Rights inviting the Committee to express its views and give its suggestions on how to ensure effective promotion and protection of human rights education, training and public information, in the light of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.

 

150.The Committee on the Rights of the Child has often reaffirmed the decisive importance it attaches to the fields of education and information as essential elements of an effective overall human rights strategy, and in particular in order to create awareness, to promote respect for and effective protection of the rights of the child, and to prevent the violation of those rights. It recalled in this regard the emphasis placed by the World Conference on the need to include human rights as a subject in the curricula of all learning institutions, in formal and non-formal settings. It was the belief of the Committee that this approach offered an encouraging opportunity for considering the inclusion of the Convention on the Rights of the Child in school curricula and as an inspiring instrument in the area of non-formal education.

 

151.The Committee therefore stressed the relevance of education to ensure the development of the child's personality, talents and mental and physical abilities to their fullest potential, to develop the child's respect for human rights and to prepare the child for a responsible life in a free society, in the spirit of understanding, peace and tolerance. This approach had in fact again been reflected during the general discussion on the economic exploitation of children and in the set of recommendations adopted subsequently by the Committee (see paras. 176-177 below).

 

152.The Committee also expressed the view that the field of education should be envisaged in the light of the new vision promoted by the Convention on the Rights of the Child, based on the enjoyment of rights by all children without discrimination, the primary consideration of the best interests of the child, and the need to ensure survival and development of children to the maximum extent and to encourage respect for the views of children and their active participation in society. The education, information and training of children in the field of human rights was therefore seen as a priority.

 

153.Recalling the holistic approach of the Convention to children's rights, the Committee further underlined the fact that programmes aimed at enhancing the right to education should take into account all the other rights recognized by the Convention and form part of an overall integrated approach. In addition, having in mind its experience in the consideration of States parties' reports, the Committee emphasized the importance for training on human rights in general, and children's rights in particular, to be addressed to teachers, law enforcement officials, members of the judiciary, social workers, members of the medical profession and health workers, journalists, employers and labour inspectors.

 

154.In order to enhance international cooperation in the field of education and to envisage ways of improving the system of implementation of the Convention on the Rights of the Child in this area, the Committee, represented by some of its members (Mrs. Hoda Badran, Mrs. Akila Belembaogo and Mrs. Marta Santos Pais), held an informal meeting with representatives of UNESCO, in Paris, in November 1993.

 

155.This informal meeting was an important occasion to consider areas of common concern, such as information-sharing, programmes of technical assistance and the organization of conferences and studies in the field of education for children. The exchange of views made it possible to address specific fields for future cooperation.

 

156.In this regard, the participation of UNESCO in the meetings of the pre-sessional working groups of the Committee was stressed as being of particular importance, namely for the opportunity it would provide for the Committee to have access to relevant information gathered for that purpose by

a focal point within that organization. It might at the same time enable a common approach to programmes of technical advice or assistance to be launched at the national or regional levels.

 

157.Furthermore, UNESCO expressed its willingness to contribute to making the Convention better known, through the organization and dissemination of school versions of its text prepared by children, as well as through training programmes for teachers and other professional groups. In this connection, reference was made to the 1993 World Plan on Education for Human Rights and Democracy, which would include important sections on children's rights.

 

158.Moreover, UNESCO recognized that pilot information and participation campaigns could also be undertaken through the Associated Schools network or UNESCO clubs as a step towards the consideration of the Convention within school curricula.

 

B. Action taken by the General Assembly and cooperation with the

           Sub-Commission on Prevention of Discrimination and Protection

           of Minorities

 

1. Action taken by the General Assembly at its forty-eighth session

 

159.The Committee took note of the adoption by the General Assembly of resolution 48/156 on the "Need to adopt efficient international measures for the prevention of the sale of children, child prostitution and child pornography". It also took note of the concern expressed therein on the persistence in the world of situations of the sale of children, child prostitution and child pornography, as well as the value attached in this framework to the Convention on the Rights of the Child and its effective implementation at the national level, as an essential means to prevent and combat such situations.

 

160.The Committee noted that the political commitment expressed by the international community in general, and States parties to the Convention in particular, to ensure the realization of the rights of the child, to promote international cooperation and solidarity and to integrate the Convention into national action plans would undoubtedly contribute to preventing and combating situations of exploitation of children such as the sale of children, child prostitution and child pornography.

 

161.The Committee further noted that there were encouraging signs at the present time of achieving that aim. It was important to recall the undeniable trend for the universal ratification of the Convention on the Rights of the Child by 1995, as recommended by the World Conference on Human Rights, the constructive dialogue established between the Committee and States parties in the framework of the reporting system established by the Convention, as well as the close and fruitful cooperation developed with the Special Rapporteur of the Commission on Human Rights on sale of children, child prostitution and child pornography. This close cooperation on questions of shared concern, often reaffirmed by the Committee had been shown once again to be crucial during the Committee's fourth session when it organized a general discussion on the economic exploitation of children, in which the realities of the sale of children, child pornography and child prostitution, inter alia, were considered. The Special Rapporteur took part in the extensive consideration given to this important subject on that occasion (see CRC/C/20, paras. 186-196). In the light of the importance attached to this question, and taking into account the exchange of views during the general discussion on the economic exploitation of children, the Committee decided to organize a comprehensive dossier containing the relevant instruments adopted in this field, namely the two Programmes of Action adopted by the Commission on Human Rights (see para. 177 (a) below), together with an extended record of the theme day, as well as to adopt a set of recommendations designed to improve the system of prevention, protection and rehabilitation regarding children in situations of economic exploitation (see para. 177 (b) below).

 

     2. Cooperation with the Sub-Commission on Prevention of

         Discrimination and Protection of Minorities

 

162.The Committee took note of the letter addressed to it by the Assistant Secretary-General for Human Rights concerning the mandate of Mrs. Warzazi, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to update the report of Mr. Abdelwahab Boudhiba on the exploitation of child labour (E/CN.4/Sub.2/479/Rev.1) and to extend the study to the problem of debt bondage.

 

163.In this framework, the Committee recalled that it had devoted one day of its fourth session to a general discussion on the economic exploitation of children, thus reflecting the importance it attached to this issue in the framework of the promotion and protection of the rights of the child. The Committee had on that occasion stressed the urgency of creating awareness and raising concern at the growing number of children in situations of economic exploitation, the need for integrated and concerted action by Governments, United Nations bodies and other competent bodies active in the field of the rights of the child, and the decisive role the Convention on the Rights of the Child could play in that regard (see CRC/C/20, paras. 186-196 and annexes V and VI).

 

164.Furthermore, the Committee recalled that issues relevant to the Programme of Action for the Elimination of the Exploitation of Child Labour were taken into account when it considered reports submitted by States parties under article 44 of the Convention, as reflected in the concluding observations adopted by the Committee at the end of its dialogue with States parties.

 

165.The Committee decided to inform the Special Rapporteur of the Sub-Commission about all the steps it had taken in this regard and to express its interest in maintaining close cooperation with her.

 

166.The Committee also took note of the letter addressed to it by the Assistant Secretary-General for Human Rights concerning the mandate of Mrs. Ksentini, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on human rights and the environment.

 

167.The Committee recalled that, in the light of the Convention on the Rights of the Child, States parties are requested to provide relevant information on measures taken, factors and difficulties encountered and progress achieved in implementing the provisions of the Convention, including measures to combat the risks of environmental pollution (art. 24, para. 2 (c)); to ensure that all segments of society are informed, have access to education and are supported in the use of environmental sanitation (art. 24, para. 2 (e)); and to ensure that the child's education shall be directed to the development of respect for the natural environment (art. 29, para. 1 (e)). The information provided should also reflect the interdependence and indivisibility of the rights of the child and take into account the general principles reflected in the Convention, namely non-discrimination, the best interests of the child, the child's right to survival and development, and respect for the views of the child.

 

168.The Committee noted with appreciation that the Special Rapporteur on human rights and the environment had included in her second progress report (E/CN.4/1993/2, paras. 71-76) relevant information from States parties' reports indicating their concern for children and the state of the environment. In this spirit, and in view of the interest it attaches to the field of the environment, the Committee decided to inform the Special Rapporteur about the specific measures brought to its attention in the framework of States parties' initial reports. The Committee also expressed its interest in being informed of relevant recent developments brought to the attention of the Special Rapporteur.

 

C. Cooperation with Interpol

 

169.Following a first meeting organized during its second session, the Committee held an exchange of views with the Standing Working Party on Offences against Minors of Interpol, to further discuss matters of mutual concern in the field of the rights of the child and envisage future areas of cooperation.

 

170.For that purpose, Interpol had submitted a document containing the conclusions of the First International Symposium on Offences against Children and Young Persons, as well as a proposal for a plan of action for cooperation with the United Nations in the area of training of law enforcement officials.

 

171.The representatives of Interpol stressed the importance its Standing Working Party attached to the Convention on the Rights of the Child and to the work developed by the Committee, in particular in the fields of sexual exploitation of children, the instrumental use of children in criminal activities, and the sale and trafficking of children, and in the area of the rights and interests of children throughout the police investigation process. They further emphasized that the approach of the Standing Working Party had been inspired by the principle of the best interests of the child to be taken as a primary consideration; it envisaged the child as the victim and not the perpetrator and it encouraged multidisciplinary cooperation in the policies to be adopted.

 

172.The Committee recalled that, during its recent general discussion on the economic exploitation of children, reference had been made to the work developed by Interpol in these areas. For that reason the Committee had included a specific recommendation in the public statement it had made on the outcome of the general discussion (CRC/C/20, annex VI), encouraging the adoption of initiatives to combat corruption within police forces.

 

173.The Committee further stressed that, in the examination of States parties' reports, the question of training of law enforcement officials on human rights in general, and children's rights in particular, had been raised and reflected in the recommendations addressed to the States parties concerned. In that spirit, the Committee's concluding observations had often encouraged the organization of information and education campaigns on the rights of the child to strengthen the prevention of crimes committed against children, as well as of training courses in cooperation with the Programme of Advisory Services and Technical Assistance of the Centre for Human Rights. Some steps had already been taken by that Programme in this particular area.

 

174.The field of advocacy and training, recognized as an ongoing process, was therefore a common area of concern and could in fact contribute to enhancing respect for the dignity of the child, preventing any kind of discrimination, fully protecting the child as the victim against all forms of abuse, including ill-treatment, and ensuring to the child the right to freely express his or her views in all legal proceedings, including during a police investigation.

 

175. The Committee therefore decided to continue to pay attention to this important question and to plan the actions to be developed in the future at the national or regional levels in close cooperation with the Centre for Human Rights, United Nations bodies and organs, such as the Crime Prevention and Criminal Justice Branch, Interpol and other competent bodies active in the field. For their part, reaffirming the relevance of close cooperation with the United Nations and the Committee on the Rights of the Child, the representatives of Interpol invited the Committee to be represented at the meeting of its Standing Working Party in April 1994, which could constitute a first step in the planning of future concerted efforts.

 

D. Follow-up to the general discussion on the economic exploitation

         of children

 

176.Following the holding, at its fourth session, of a general discussion on the economic exploitation of children, the Committee had stressed the need for a continuous response to this urgent matter, and decided to take the following steps (CRC/C/20, para. 196):

 

(a)to make a public statement on the outcome of the general discussion day (which was included in the Committee's report on its fourth session (ibid., annex VI));

 

(b)to establish a working group among its members Endnote to prepare, in the light of the discussion and of the provisions of the Convention, a set of recommendations to be considered at the Committee's fifth regular session;

 

(c)to consider possible ways of issuing a publication based on the general discussion.

 

177.In the light of the above-mentioned mandate, the working group made two proposals which were endorsed by the Committee at its fifth session:

 

(a)the compilation of a dossier, putting together an extended record of the theme day, containing the statements made on behalf of the Committee (ibid., Annexes V and VI), the summary records of the discussion reflecting the statements made by the participants in the meeting, including the Special Rapporteur of the Commission on Human Rights on sale of children, child prostitution and child pornography, as well as basic documents adopted within the framework of the United Nations system in the field of the protection of children against economic exploitation - namely the two Programmes of Action adopted by the Commission on Human Rights for the Elimination of the Exploitation of Child Labour (resolution 1993/79, annex), and for the Prevention of the Sale of Children, Child Prostitution and Child Pornography (resolution 1992/74, annex). This dossier, to be produced and distributed in close cooperation with ILO, should be brought to the attention of all States parties, United Nations organs and specialized agencies, financial institutions and development agencies, and other bodies competent in the field, including Interpol and the NGO community (see annex IV to the present report);

 

(b)the adoption of the following set of recommendations for follow-up initiatives, designed to improve the system of prevention, protection and rehabilitation regarding children in situations of economic exploitation:

 

Recommendations concerning economic exploitation of children

 

The Committee on the Rights of the Child, at its fifth session, recognizing the importance of the problems considered during its general discussion on the economic exploitation of children, namely relating to child labour, including in the informal sector as is the case of domestic servants, the sale of children, child prostitution and child pornography, and in the light of the fruitful exchange of views between the Committee and United Nations organs, specialized agencies and other competent bodies, in particular non-governmental organizations, decided to continue to pay attention to this reality in the framework of its activities and to adopt a set of recommendations in this area.

 

Introduction

 

1.The general discussion on the economic exploitation of children reflected the important holistic approach to the human rights of children stressed in the Convention on the Rights of the Child. In this spirit, the Committee on the Rights of the Child recalls that all the rights are indivisible and interrelated, each and all of them being inherent to the human dignity of the child. The implementation of each right set forth in the Convention, as is the case of the right to be protected from economic exploitation, should therefore take into account the implementation of, and respect for, all the other rights of the child.

 

2.The Committee further recalls that, under the Convention, States parties have undertaken to respect and ensure all the rights recognized therein to all children under their jurisdiction, without discrimination of any kind (art. 2), to adopt all appropriate measures in order to achieve that purpose (art. 4) and, in all actions taken, to regard the best interests of the child as their primary consideration (art. 3). Moreover, in all matters affecting the child, the views of the child should be given due weight and the child given the opportunity of participating in any decision-making process affecting his or her life (art. 12).

 

3.This general framework naturally applies also in situations of economic exploitation of children. Here, as elsewhere, the Convention calls upon States parties to take action through the establishment, in conformity with its principles and provisions, of an adequate legal framework and necessary mechanisms of implementation.

 

4.Such measures will strengthen the prevention of situations of economic exploitation and of their detrimental effects on the lives of children, should be aimed at reinforcing the system of children's protection and will promote the physical and psychological recovery and social reintegration of children victims of any form of economic exploitation, in an environment which fosters the health, self-respect and dignity of the child.

 

5.Through its reporting system (see Part II of the Convention), the Convention also stresses the importance for States parties to ensure a periodic assessment and evaluation of progress achieved in the implementation of the Convention. This monitoring activity will enable States parties to review their laws and policies on a regular basis and to focus on areas where further or other action is required. The Committee therefore recalls the relevance of the reporting system to improve the situation of children and invites States, United Nations organs, specialized agencies and other competent bodies to consider, in the specific framework of the protection of the child from economic exploitation, the following set of recommendations:

 

(a)The Committee recognizes that only through comprehensive and concerted action by all relevant entities in the field of the rights of the child will it be possible to improve and ensure success to policies of prevention, protection and rehabilitation regarding economically exploited children. For this reason, it stresses the importance of, and the need for, coordination, at both the national and international levels.

 

(i)The Committee recommends in this regard the establishment of a national mechanism for coordinating policies and monitoring the implementation of the Convention on the Rights of the Child, having specific competence in the area of protection from economic exploitation.

 

a.Such a coordinating mechanism (as is the case of a National Committee or National Commission on the Rights of the Child), being composed of the various competent entities at the country level, is in a position to ensure a global and multidisciplinary approach to the implementation of the Convention and to promote an effective interaction and complementarity of the activities developed. Furthermore, it may facilitate the gathering of all relevant information, enable a systematic and accurate evaluation of the reality and pave the way for the consideration of new strategies for the promotion and protection of the rights of the child, including in the field of protection from economic exploitation.

 

6.This coordinating mechanism will also be an important reference focal point for the work of non-governmental organizations, including workers' and employers' organizations, whose cooperation should be encouraged. In fact, as the World Conference on Human Rights recognized, such organizations play an important role in the effective implementation of the Convention, namely in the fields of advocacy, education, training or rehabilitation - areas which are also of crucial importance in protecting children from any form of economic exploitation.

 

     (ii)The Committee recalls the essential role attached by the Convention on the Rights of the Child to international cooperation. It further recalls that the World Conference on Human Rights recognized the need for international cooperation and solidarity to be promoted to support the implementation of the Convention, and that the rights of the child should be given a priority in the United Nations system.

 

a.The Committee therefore encourages States to consider ways of strengthening their cooperation and solidarity for the promotion of the rights of the child, namely at the bilateral and regional levels.

 

b.The Committee also encourages the relevant United Nations organs and specialized agencies, international financial institutions and development agencies to enhance the coordination and interaction of their activities, including in the area of the protection of children against any form of economic exploitation.

 

c.The Committee further encourages United Nations organs and specialized agencies regularly to review and monitor the human rights and the situation of children, in accordance with their mandates. In this framework, the Committee recalls the decisive relevance of the Convention as an inspiring and legal framework for programmes of technical advice and assistance and reaffirms the catalytic role the Committee intends to continue to play as a focal point on the rights of the child within United Nations system-wide action.

 

(b)The Committee stresses the essential importance of information and education to ensure the prevention of situations of economic exploitation, as well as to protect and rehabilitate children affected thereby.

 

(i)The Committee recalls in this framework that States parties undertake to make the principles and the provisions of the Convention on the Rights of the Child widely known, by appropriate and active means, both to adults and children (art. 42).

 

a.For this purpose, the Committee recommends that States parties launch wide information campaigns on the Convention specifically addressed to children, in order for them to become aware of their rights (including the rights to study, to play and to take rest), of the measures of protection they can benefit from and of the risks they face when they are involved in situations of economic exploitation - as in the case of activities harmful to their health, preventing their harmonious development, interfering with their education, or involving them in criminal activities.

 

b.Similarly, information campaigns aimed at the public in general, including at the family and community levels and addressed to workers and employers, should be envisaged in order to raise consciousness and a deeper understanding of the Convention, in particular to ensure respect for the dignity of the child, to prevent discriminatory attitudes, and to achieve effective protection of children against situations of economic exploitation. Training for special professional groups working with or for children, including teachers, law enforcement officials, judges and social workers, should also be organized and will contribute to preventing discrimination and the marginalization and stigmatization of the child, as well as encouraging the taking of the child's perspective into due account.

 

c.All these different activities, which should be developed in close cooperation between governmental and non-governmental entities, and in which the media have an important role to play, will contribute to bringing to light situations of economic exploitation, often illicit and clandestine, as well as to overcoming public apathy and indifference towards those situations. Such action will, furthermore, permit an understanding of the extent of existing problems and consideration of the adoption of the measures necessary to face them.

 

     (ii)The Committee stresses the importance of education as an essential preventive measure to counter situations of economic exploitation of children. It therefore recommends that education be given due weight, namely by making primary education compulsory and free for all children. Furthermore, education should be envisaged, as recognized by the Convention on the Rights of the Child, as a decisive tool to ensure the full development of the child's personality, talents and abilities, the occasion to give the child an opportunity to experience childhood while preparing him or her for a responsible life in society, benefiting from equal opportunities to make free and informed choices.

 

The Committee also recommends that the Convention be considered, within the framework of school curricula, as a meaningful illustration of education for human rights, as well as an incentive to encourage the participation of children in school and social life, including through the establishment or adherence to children's organizations. In the case of children legally employed, and in the light of article 32 of the Convention, a flexible system of education should be implemented.

 

(c)In the area of the protection of the child from economic exploitation, the Committee considers the child as a person who should be given the benefit of respect and solidarity within the family and society.

 

(i)In the case of sexual exploitation or exploitation through work, the Committee considers the child as a victim who should be given the benefit of special protection in terms of health, education and development.

 

     (ii)In any event, the following must be strictly forbidden:

 

Activities jeopardizing the development of the child or contrary to human values and dignity;

 

Activities involving cruel, inhuman or degrading treatment, the sale of children or situations of servitude;

 

Activities that are dangerous or harmful to the child's harmonious physical, mental and spiritual development or are liable to jeopardize the future education and training of the child;

 

Activities involving discrimination, particularly with regard to vulnerable and marginalized social groups;

 

All activities under the minimum ages referred to in article 32, paragraph 2, of the Convention on the Rights of the Child and in particular those recommended by ILO;

 

All activities using the child for legally punishable criminal acts, such as trafficking in drugs or prohibited goods.

 

    (iii)In accordance with article 32 of the Convention on the Rights of the Child, every child has the right to be protected from economic exploitation. Taking into consideration the best interests of the child, States parties must formulate standards or revise legislation in force with a view to ensuring the legal protection of the child from any form of exploitation. States parties are invited to take all legislative, administrative and other measures aimed at ensuring the protection of the child, taking account of all forms of employment, including employment within the family and in the agricultural sector and informal employment.

 

     (iv)States parties must also take measures to ensure the rehabilitation of children who, as a result of economic exploitation, are exposed to serious physical and moral danger. It is essential to provide these children with the necessary social and medical assistance and to envisage social reintegration programmes for them in the light of article 39 of the Convention on the Rights of the Child.

 

E. Future day of general discussion

 

178.The Committee had decided at its fourth session to devote its future day of general discussion, to be held during the International Year of the Family, to the theme "Role of the family in the promotion of the rights of the child" (CRC/C/20, para. 18). At its fifth session, the Committee decided that the general discussion would take place on 10 October 1994.

 

179.To prepare the thematic discussion, the Committee established a working group among its members  Endnote entrusted with the task of formulating an outline identifying the main issues to be raised during the discussion of the topic. The text of this outline (see annex V to the present report) emphasizes the relevance of the general principles of the Convention on the Rights of the Child and identifies two basic areas of concern:

 

(a)evolution and importance of the family;

 

(b)civil rights and freedoms within the family.

 

180.Recalling its experience in the organization of thematic discussions, and taking into consideration the spirit of article 45 of the Convention, the Committee also decided to send this outline to United Nations organs, specialized agencies and other competent bodies, including non-governmental organizations and research and academic institutions.

 

181.The Committee further stressed the importance of ensuring a follow-up to a recommendation adopted at its first session (A/47/41, Recommendation 3) and addressed an invitation to the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women to participate in the general discussion, and in that framework to discuss matters of mutual concern.

 

182.Moreover, the Committee welcomed the report submitted by UNHCR on its preparation for the International Year of the Family, envisaged as a special opportunity for better planning and more effective implementation of programmes with refugees as partners.

 

 


V. DRAFT PROVISIONAL AGENDA FOR THE SIXTH SESSION

 

183.The following is the draft provisional agenda for the sixth session of the Committee:

 

1.Adoption of the agenda.

 

2.Submission of reports by States parties in accordance with article 44 of the Convention.

 

3.Consideration of reports of States parties.

 

4.Other matters.

 

5.Adoption of the report.

 

 


VI. ADOPTION OF THE REPORT

 

184.At its 130th meeting, held on 28 January 1994, the Committee considered the draft report on its fifth session. The report was unanimously adopted by the Committee.

 

 

Notes

 

 


Annex I

 

STATES WHICH HAVE RATIFIED OR ACCEDED TO

THE CONVENTION ON THE RIGHTS OF THE CHILD

AS AT 20 DECEMBER 1993 (154)

 

StatesDate of signatureDate of receipt Date of entry

of instrumentinto force

of ratification/

accession a/

 

Albania26 January 199027 February 199228 March 1992

Algeria26 January 199016 April 199316 May 1993

Angola14 February 1990 5 December 1990 4 January 1991

Antigua and

  Barbuda12 March 1991 5 October 1993 4 November 1993

Argentina29 June 1990 4 December 1990 3 January 1991

 

Armenia23 June 1993 a/22 July 1993

Australia22 August 199017 December 199016 January 1991

Austria26 January 1990 6 August 1992 5 September 1992

Azerbaijan13 August 1992 a/12 September 1992

Bahamas30 October 199020 February 199122 March 1991

 

Bahrain13 February 1992 a/14 March 1992

Bangladesh26 January 1990 3 August 1990 2 September 1990

Barbados19 April 1990 9 October 1990 8 November 1990

Belarus 26 January 1990 1 October 199031 October 1990

Belgium26 January 199016 December 199115 January 1992

 

Belize 2 March 1990 2 May 1990 2 September 1990

Benin25 April 1990 3 August 1990 2 September 1990

Bhutan 4 June 1990 1 August 1990 2 September 1990

Bolivia 8 March 199026 June 1990 2 September 1990

Bosnia and

  Herzegovina* 6 March 1992

 

Brazil26 January 199024 September 199024 October 1990

Bulgaria31 May 1990 3 June 1991 3 July 1991

Burkina Faso26 January 199031 August 199030 September 1990

Burundi 8 May 199019 October 199018 November 1990

Cambodia22 September 199215 October 199214 November 1992

 

Cameroon25 September 199011 January 199310 February 1993

Canada28 May 199013 December 199112 January 1992

Cape Verde 4 June 1992 a/ 4 July 1992

Central African

  Republic30 July 199023 April 199223 May 1992

Chad30 September 1990 2 October 1990 1 November 1990

 

          

 

     * Succession


StatesDate of signatureDate of receipt Date of entry

of instrumentinto force

of ratification/

accession a/

 

Chile26 January 199013 August 199012 September 1990

China29 August 1990 2 March 1992 1 April 1992

Colombia26 January 199028 January 199127 February 1991

Comoros30 September 199022 June 199321 July 1993

Congo14 October 1993 a/13 November 1993

 

Costa Rica26 January 199021 August 199020 September 1990

Côte d'Ivoire26 January 1990 4 February 1991 6 March 1991

Croatia* 8 October 1991

Cuba26 January 199021 August 199120 September 1991

Cyprus 5 October 1990 7 February 1991 9 March 1991

 

Czech Republic* 1 January 1993

Democratic

  People's

  Republic of

  Korea23 August 199021 September 199021 October 1990

Denmark26 January 199019 July 199118 August 1991

Djibouti30 September 1990 6 December 1990 5 January 1991

Dominica26 January 199013 March 199112 April 1991

 

Dominican Republic 8 August 199011 June 199111 July 1991

Ecuador26 January 199023 March 1990 2 September 1990

Egypt 5 February 1990 6 July 1990 2 September 1990

El Salvador26 January 199010 July 1990 2 September 1990

Equatorial Guinea15 June 1992 a/15 July 1992

 

Estonia21 October 1991 a/20 November 1991

Ethiopia14 May 1991 a/13 June 1991

Fiji 2 July 199313 August 199312 September 1993

Finland26 January 199020 June 199120 July 1991

France26 January 1990 7 August 1990 6 September 1990

 

Gambia 5 February 1990 8 August 1990 7 September 1990

Germany26 January 1990 6 March 1992 5 April 1992

Ghana29 January 1990 5 February 1990 2 September 1990

Greece26 January 199011 May 199310 June 1993

Grenada21 February 1990 5 November 1990 5 December 1990

 

Guatemala26 January 1990 6 June 1990 2 September 1990

Guinea13 July 1990 a/ 2 September 1990

Guinea-Bissau26 January 199020 August 199019 September 1990

Guyana30 September 199014 January 199113 February 1991

Holy See20 April 199020 April 1990 2 September 1990

 

          

 

     * Succession


StatesDate of signatureDate of receipt Date of entry

of instrumentinto force

of ratification/

accession a/

 

Honduras31 May 199010 August 1990 9 September 1990

Hungary14 March 1990 7 October 1991 6 November 1991

Iceland26 January 199028 October 199227 November 1992

India11 December 1992 a/11 January 1993

Indonesia26 January 1990 5 September l990 5 October 1990

 

Ireland30 September 199028 September 199228 October 1992

Israel 3 July 1990 3 October 1991 2 November 1991

Italy26 January 1990 5 September 1991 5 October 1991

Jamaica26 January 199014 May 199113 June 1991

Jordan29 August 199024 May 199123 June 1991

 

Kenya26 January 199030 July 1990 2 September 1990

Kuwait 7 June 199021 October 199120 November 1991

Lao People's

  Democratic

  Republic 8 May 1991 a/ 7 June 1991

Latvia14 April 1992 a/14 May 1992

Lebanon26 January 199014 May 199113 June 1991

 

Lesotho21 August 199010 March 1992 9 April 1992

Liberia26 April 1990 4 June 1993 4 July 1993

Libyan Arab

  Jamahiriya15 April 1993 a/15 May 1993

Lithuania31 January 1992 a/ 1 March 1992

 

Madagascar19 April 199019 March 199118 April 1991

Malawi 2 January 1991 a/ 1 February 1991

Maldives21 August 199011 February 199113 March 1991

Mali26 January 199020 September 199020 October 1990

Malta26 January 199030 September 199030 October 1990

 

Marshall Islands14 April 1993 4 October 1993 3 November 1993

Mauritania26 January 199016 May 199115 June 1991

Mauritius26 July 1990 a/ 2 September 1990

Mexico26 January 199021 September 199021 October 1990

Micronesia

 (Federated

 States of) 5 May 1993 a/ 4 June 1993

 

Monaco21 June 1993 a/21 July 1993

Mongolia26 January 1990 5 July 1990 2 September 1990

Morocco26 January 199021 June 199321 July 1993

Myanmar15 July 1991 a/14 August 1991

 

 


StatesDate of signatureDate of receipt Date of entry

of instrumentinto force

of ratification/

accession a/

 

Namibia26 September 199030 September 199030 October 1990

Nepal26 January 199014 September 199014 October 1990

New Zealand 1 October 1990 6 April 1993 6 May 1995

Nicaragua 6 February 1990 5 October 1990 4 November 1990

Niger26 January 199030 September 199030 October 1990

 

Nigeria26 January 199019 April 199119 May 1991

Norway26 January 1990 8 January 1991 7 February 1991

Pakistan20 September 199012 November 199012 December 1990

Panama26 January 199012 December 199011 January 1991

Papua New Guinea30 September 1990 1 March 199331 March 1993

 

Paraguay 4 April 199025 September 199025 October 1990

Peru26 January 1990 4 September 1990 4 October 1990

Philippines26 January 199021 August 199020 September 1990

Poland26 January 1990 7 June 1991 7 July 1991

Portugal26 January 199021 September 199021 October 1990

 

Republic of Korea25 September 199020 November 199120 December 1991

Republic of

  Moldova26 January 1993 a/25 February 1993 Romania26 January 199028 September 199028 October 1990

Russian Federation 26 January 199016 August 199015 September 1990

Rwanda26 January 199024 January 199123 February 1991

Saint Kitts and

 Nevis26 January 199024 July 1990 2 September 1990

 

Saint Lucia16 June 1993 a/16 July 1993

Saint Vincent and

 the Grenadines20 September 199326 October 1993 25 November 1993

San Marino25 November 1991 a/25 December 1991

Sao Tome and

 Principe14 May 1991 a/13 June 1991

Senegal26 January 199031 July 1990 2 September 1990

 

Seychelles 7 September l990 a/ 7 October 1990

Sierra Leone13 February 199018 June 1990 2 September 1990

Slovakia* 1 January 1993

Slovenia*25 June 1991

Spain26 January 1990 6 December 1990 5 January 1991

 

 

 

          

 

     * Succession

 


StatesDate of signatureDate of receipt Date of entry

of instrumentinto force

of ratification/

accession a/

 

Sri Lanka26 January 199012 July 199111 August 1991

Sudan24 July 1990 3 August 1990 2 September 1990

Suriname26 January 1990 1 March 199331 March 1993

Sweden26 January 199029 June 1990 2 September 1990

Syrian Arab

  Republic18 September 199015 July 199314 August 1993

 

Tajikistan26 October 1993 a/25 November 1993

Thailand27 March 1992 a/26 April 1992

The former Yugoslav

  Republic of

  Macedonia* 2 December 1993

Togo26 January 1990 1 August 1990 2 September 1990

Trinidad and Tobago30 September 1990 5 December 1991 4 January 1992

Tunisia26 February 199030 January 199229 February 1992

 

Turkmenistan20 September 1993 a/ 19 October 1993

Uganda17 August 199017 August 199016 September 1990

Ukraine 21 February 199128 August 199127 September 1991

United Kingdom of

  Great Britain

  and Northern

  Ireland19 April 199016 December 199115 January 1992

United Republic

  of Tanzania 1 June 199010 June 199110 July 1991

 

Uruguay26 January 199020 November 199020 December 1990

Vanuatu30 September 1990 7 July 1993 6 August 1993

Venezuela26 January 199013 September 199013 October 1990

Viet Nam26 January 199028 February 1990 2 September 1990

Yemen13 February 1990 1 May 199131 May 1991

 

Yugoslavia26 January 1990 3 January 1991 2 February 1991

Zaire20 March 199027 September 199027 October 1990

Zambia30 September 1990 5 December 1991 5 January 1992

Zimbabwe 8 March 199011 September l99011 October 1990

 

 

          

 

     * Succession

 


Annex II

 

MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD

 

NameCountry of

Nationality

 

Mrs. Hoda BADRAN* Egypt

 

Mgr. Luis A. BAMBAREN GASTELUMENDI**Peru

 

Mrs. Akila BELEMBAOGO**Burkina Faso

 

Mrs. Flora C. EUFEMIO*Philippines

 

Mr. Thomas HAMMARBERG**Sweden

 

Mr. Youri KOLOSOV**Russian Federation

 

Miss Sandra Prunella MASON**Barbados

 

Mr. Swithun Tachiona MOMBESHORA*Zimbabwe

 

Mrs. Marta SANTOS PAIS*Portugal

 

Mrs. Marilia SARDENBERG*Brazil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

          

 

      * Term expires on 28 February 1997.

 

** Term expires on 28 February 1995.

 


Annex III

 

STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION ON THE RIGHTS OF THE CHILD

 

Initial reports due in 1992

State Party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Bangladesh

02 September 1990

01 September 1992

 

 

Barbados

08 November 1990

07 November 1992

 

 

Belarus

31 October 1990

30 October 1992

12 February 1993

CRC/C/3/Add.14

Belize

02 September 1990

01 September 1992

 

 

Benin

02 September 1990

01 September 1992

 

 

Bhutan

02 September 1990

01 September 1992

 

 

Bolivia

02 September 1990

01 September 1992

14 September 1992

CRC/C/3/Add.2

Brazil

24 October 1990

23 October 1992

 

 

Burkina Faso

30 September 1990

29 September 1992

7 July 1993

CRC/C/3/Add.19

Burundi

18 November 1990

17 November 1992

 

 

Chad

01 November 1990

31 October 1992

 

 

Chile

12 September 1990

11 September 1992

22 June 1993

CRC/C/3/Add.18

Costa Rica

20 September 1990

20 September 1992

28 October 1992

CRC/C/3/Add.8

Democratic People's Republic of Korea

21 October 1990

20 October 1992

 

 

Initial reports due in 1992 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Ecuador

02 September 1990

01 September 1992

 

 

Egypt

02 September 1990

01 September 1992

23 October 1992

CRC/C/3/Add.6

El Salvador

02 September 1990

01 September 1992

03 November 1992

CRC/C/3/Add.9

France

06 September 1990

05 September 1992

08 April 1993

CRC/C/3/Add.15

Gambia

07 September 1990

06 September 1992

 

 

Ghana

02 September 1990

01 September 1992

 

 

Grenada

05 December 1990

04 December 1992

 

 

Guatemala

02 September 1990

01 September 1992

 

 

Guinea

02 September 1990

01 September 1992

 

 

Guinea-Bissau

19 September 1990

18 September 1992

 

 

Holy See

02 September 1990

01 September 1992

 

 

Honduras

09 September 1990

08 September 1992

11 May 1993

CRC/C/3/Add.17

Indonesia

05 October 1990

04 October 1992

17 November 1992

CRC/C/3/Add.10 and CRC/C/3/Add.26

Kenya

02 September 1990

01 September 1992

 

 

Mali

20 October 1990

19 October 1992

 

 

Malta

30 October 1990

29 October 1992

 

 

Mauritius

02 September 1990

01 September 1992

 

 

Mexico

21 October 1990

20 October 1992

15 December 1992

CRC/C/3/Add.11

Mongolia

02 September 1990

01 September 1992

 

 

Namibia

30 October 1990

29 October 1992

21 December 1992

CRC/C/3/Add.12

Initial reports due in 1992 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Nepal

14 October 1990

13 October 1992

 

 

Nicaragua

04 November 1990

03 November 1992

12 January 1994

CRC/C/3/Add.25

Niger

30 October 1990

29 October 1992

 

 

Pakistan

12 December 1990

11 December 1992

25 January 1993

CRC/C/3/Add.13

Paraguay

25 October 1990

24 October 1992

30 August 1993

CRC/C/3/Add.22

Peru

04 October 1990

03 October 1992

28 October 1992

CRC/C/3/Add.7 and CRC/C/3/Add.24

Philippines

20 September 1990

19 September 1992

21 September 1993

CRC/C/3/Add.23

Portugal

21 October 1990

20 October 1992

 

 

Romania

28 October 1990

27 October 1992

14 April 1993

CRC/C/3/Add.16

Russian Federation

15 September 1990

14 September 1992

16 October 1992

CRC/C/3/Add.5

Saint Kitts and Nevis

02 September 1990

01 September 1992

 

 

Senegal

02 September 1990

01 September 1992

 

 

Seychelles

07 October 1990

06 October 1992

 

 

Sierra Leone

02 September 1990

01 September 1992

 

 

Sudan

02 September 1990

01 September 1992

29 September 1992

CRC/C/3/Add.3 and CRC/C/3/Add.20

Sweden

02 September 1990

01 September 1992

07 September 1992

CRC/C/3/Add.1

Togo

02 September 1990

01 September 1992

 

 

Uganda

16 September 1990

15 September 1992

 

 

Initial reports due in 1992 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Uruguay

20 December 1990

19 December 1992

 

 

Venezuela

13 October 1990

12 October 1992

 

 

Viet Nam

02 September 1990

01 September 1992

30 September 1992

CRC/C/3/Add.4 and CRC/C/3/Add.21

Zaire

27 October 1990

26 October 1992

 

 

Zimbabwe

11 October 1990

10 October 1992

 

 

Initial reports due in 1993

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Angola

04 January 1991

03 January 1993

 

 

Argentina

03 January 1991

02 January 1993

17 March 1993

CRC/C/8/Add.2

Australia

16 January 1991

15 January 1993

 

 

Bahamas

22 March 1991

21 March 1993

 

 

Bulgaria

03 July 1991

02 July 1993

 

 

Colombia

27 February 1991

26 February 1993

14 April 1993

CRC/C/8/Add.3

Côte d'Ivoire

06 March 1991

05 March 1993

 

 

Croatia

07 November 1991

06 November 1993

 

 

Cuba

20 September 1991

19 September 1993

 

 

Cyprus

09 March 1991

08 March 1993

 

 

Denmark

18 August 1991

17 August 1993

14 September 1993

CRC/C/8/Add.8

Djibouti

05 January 1991

04 January 1993

 

 

Dominica

12 April 1991

11 April 1993

 

 

Initial reports due in 1993 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Dominican Republic

11 July 1991

10 July 1993

 

 

Estonia

20 November 1991

19 November 1993

 

 

Ethiopia

13 June 1991

12 June 1993

 

 

Finland

20 July 1991

19 July 1993

 

 

Guyana

13 February 1991

12 February 1993

 

 

Hungary

06 November 1991

05 November 1993

 

 

Israel

02 November 1991

01 November 1993

 

 

Italy

05 October 1991

04 October 1993

 

 

Jamaica

13 June 1991

12 June 1993

25 January 1994

CRC/C/8/Add.12

Jordan

23 June 1991

22 June 1993

25 May 1993

CRC/C/8/Add.4

Kuwait

20 November 1991

19 November 1993

 

 

Lao People's Democratic Republic

07 June 1991

06 June 1993

 

 

Lebanon

13 June 1991

12 June 1993

 

 

Madagascar

18 April 1991

17 May 1993

20 July 1993

CRC/C/8/Add.5

Malawi

01 February 1991

31 January 1993

 

 

Maldives

13 March 1991

12 March 1993

 

 

Mauritania

15 June 1991

14 June 1993

 

 

Myanmar

14 August 1991

13 August 1993

21 September 1993

CRC/C/8/Add.9

Nigeria

19 May 1991

18 May 1993

 

 

Norway

07 February 1991

06 February 1993

30 August 1993

CRC/C/8/Add.7

Initial reports due in 1993 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Panama

11 January 1991

10 January 1993

 

 

Poland

07 July 1991

06 July 1993

11 January 1994

CRC/C/8/Add.11

Republic of Korea

20 December 1991

19 December 1993

 

 

Rwanda

23 February 1991

22 February 1993

30 September 1992

CRC/C/8/Add.1

San Marino

25 December 1991

24 December 1993

 

 

Sao Tome and Principe

13 June 1991

12 June 1993

 

 

Spain

05 January 1991

04 January 1993

10 August 1993

CRC/C/8/Add.6

Sri Lanka

11 August 1991

10 August 1993

 

 

Ukraine

27 September 1991

26 September 1993

13 October 1993

CRC/C/8/Add.10

United Republic of Tanzania

10 July 1991

09 July 1993

 

 

Yemen

31 May 1991

30 May 1993

 

 

Yugoslavia

02 February 1991

01 February 1993

 

 

Initial reports due in 1994

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Albania

28 March 1992

27 March 1994

 

 

Austria

05 September 1992

04 September 1994

 

 

Azerbaijan

12 September 1992

11 September 1994

 

 

Bahrain

14 March 1992

14 March 1994

 

 

Belgium

15 January 1992

14 January 1994

 

 

Initial report due in 1994 (continued)

State party

Date of entry into force

Initial report: date due

Date of Submission

Symbol

Bosnia and Herzegovina

06 March 1992

05 March 1994

 

 

Cambodia

14 November 1992

15 November 1994

 

 

Canada

12 January 1992

11 January 1994

 

 

Cape Verde

04 July 1992

03 July 1994

 

 

Central African Republic

23 May 1992

23 May 1994

 

 

China

01 April 1992

31 March 1994

 

 

Czech Republic

01 January 1993

31 December 1994

 

 

Equatorial Guinea

15 July 1992

14 July 1994

 

 

Germany

05 April 1992

04 May 1994

 

 

Iceland

27 November 1992

26 November 1994

 

 

Ireland

28 October 1992

27 October 1994

 

 

Latvia

14 May 1992

13 May 1994

 

 

Lesotho

09 April 1992

08 April 1994

 

 

Lithuania

01 March 1992

28 February 1994

 

 

Slovakia

01 January 1993

31 December 1994

 

 

Slovenia

05 August 1992

05 August 1994

 

 

Thailand

26 April 1992

25 April 1994

 

 

Trinidad and Tobago

04 January 1992

03 January 1994

 

 

Initial reports due in 1994 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Tunisia

29 February 1992

28 February 1994

 

 

United Kingdom of Great Britain and Northern Ireland

15 January 1992

14 January 1994

 

 

Zambia

05 January 1992

04 January 1994

 

 

Initial reports due in 1995

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Algeria

16 May 1993

15 May 1995

 

 

Antigua and Barbuda

04 November 1993

03 November 1995

 

 

Armenia

23 July 1993

05 August 1995

 

 

Cameroon

10 February 1993

09 February 1995

 

 

Comoros

22 July 1993

21 July 1995

 

 

Congo

13 November 1993

12 November 1995

 

 

Fiji

12 September 1993

11 September 1995

 

 

Greece

10 June 1993

09 June 1995

 

 

India

11 January 1993

10 January 1995

 

 

Liberia

04 July 1993

03 July 1995

 

 

Libyan Arab Jamahiriya

15 May 1993

14 May 1995

 

 

Marshall Islands

03 November 1993

02 November 1995

 

 

Initial reports due in 1995 (continued)

State party

Date of entry into force

Initial report: date due

Date of submission

Symbol

Micronesia (Federated States of)

04 June 1993

03 June 1995

 

 

Monaco

21 July 1993

20 July 1995

 

 

Morocco

21 July 1993

20 July 1995

 

 

New Zealand

06 May 1993

05 May 1995

 

 

Papua New Guinea

31 March 1993

31 March 1995

 

 

Republic of Moldova

25 February 1993

24 February 1995

 

 

Saint Lucia

16 July 1993

15 July 1995

 

 

Saint Vincent and the Grenadines

25 November 1993

24 November 1995

 

 

Suriname

31 March 1993

31 March 1995

 

 

Syrian Arab Republic

14 August 1993

13 August 1995

 

 

Tajikistan

25 November 1993

24 November 1995

 

 

The former Yugoslav Republic of Macedonia

02 December 1993

1 December 1995

 

 

Turkmenistan

20 October 1993

19 October 1995

 

 

Vanuatu

06 August 1993

05 August 1995

 

 

 


Annex IV

 

GENERAL DISCUSSION ON THE ECONOMIC EXPLOITATION OF CHILDREN

 

The United Nations Committee on the Rights of the Child organized a general discussion on the economic exploitation of children on 4 October 1993, with the participation of United Nations agencies and non-governmental organizations. Subsequently, the Committee appointed a working group to suggest ways of following up the discussion (see CRC/C/20, para. 196). The following members were appointed to the working group: Mgr. Luis A. Bambaren Gastelumendi, Mrs. Akila Belembaogo, Mr. Thomas Hammarberg and Mrs. Marta Santos Pais.

 

Recommendations

 

1.A dossier should be compiled as an extended record of the general discussion. It should contain the statement adopted by the Committee on 7 October 1993 (ibid., annex VI); the summary records of the discussion on 4 October 1993; the written statements made on behalf of the Committee (ibid., annex V); the written statement made by the United Nations Special Rapporteur on sale of children, child prostitution and child pornography; as well as the current key policy documents in the field, namely the Programme of Action for the Elimination of the Exploitation of Child Labour adopted by the United Nations Commission on Human Rights by its resolution 1993/79, and the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography adopted by the Commission on Human Rights by its resolution 1992/74. It is hoped that there will be cooperation with ILO in the production and distribution of the dossier.

 

2.These documents should, with a covering letter, be brought to the attention of all States parties to the Convention on the Rights of the Child, the agencies and institutions mentioned in the Committee's statement of 7 October 1993 (the World Bank, IMF, UNDP, UNESCO, UNICEF, WHO, ILO, Interpol and representatives of the NGO community), and any other competent body working in the field.

 

3.The letters to the World Bank and IMF should reiterate the suggestion that a discussion be organized between these bodies and the Committee on the protection of the rights of the child in programmes for economic reform.

 

4.The letter to UNESCO should recommend that the organization give emphasis in its future programme of work to making school education an effective alternative to child labour, including sexual exploitation of the child.

 

5.The letter to ILO should stress the importance of the organization's programme for the elimination of harmful child labour as well as the importance of ratification and effective implementation of ILO standards on minimum ages and conditions of employment, in particular ILO Convention 138.

 

6.The letter to WHO should stress the importance of the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health.

 

7.All the letters should emphasize the importance of the Convention on the Rights of the Child and relevant programmes adopted in this field, such as the United Nations Programmes of Action for the Elimination of the Exploitation of Child Labour, and for the Prevention of the Sale of Children, Child Prostitution and Child Pornography.

 

8.The Committee on the Rights of the Child, in the light of the importance it attaches to ensuring effective interaction and cooperation with United Nations bodies acting in the field of the rights of the child, including the Special Rapporteur of the Commission on Human Rights on sale of children, child prostitution and child pornography and the Sub-Commission on Prevention of Discrimination and Protection of Minorities and its working group on contemporary forms of slavery, decides regularly to inform those bodies of the discussions held with States parties on this issue in the framework of the examination of their reports on the implementation of the Convention.

 

 

 

 

 


Annex V

 

"Role of the family in the promotion of the rights of the child"

 

(Outline of issues to be raised during the

general discussion on the topic)

 

1.The general discussion aims to address in more depth the rights of the child within the family.

 

2.Discussions are premised on the four principles of the Convention on the Rights of the Child, namely the "best interests" of the child (art. 3); non-discrimination (art. 2); the inherent right to life, survival and development (art. 6); and the child's right to express his or her views (art. 12). Two specific topics are proposed: the evolution and importance of the family; and civil rights and freedoms within the family.

 

Evolution and importance of the family

 

2.1.The basic institution in society for the survival, protection and development of the child is the family. When considering the family environment, the Convention reflects different family structures arising from various cultural patterns and emerging familial relationships. In this regard, the Convention refers to the extended family and the community and applies in situations of nuclear family, separated parents, single-parent family, common-law family and adoptive family. Such situations deserve to be studied in the framework of the rights of the child within the family. Relevant measures and remedies have to be identified to protect the integrity of the family (see, in particular, arts. 5, 18 and 19), and to ensure appropriate assistance in the upbringing and development of children.

 

Civil rights and freedoms within the family

 

2.2.The civil rights of the child begin within the family. The family has an important role to play as to the right of the child to be registered with a name, to a nationality, to know as far as possible his or her parentage, and to preserve his or her identity (arts. 7 and 8). Socialization and acquisition of values are developed within the family for freedom of expression and association, for privacy and discipline, and for the child not being subject to cruel, inhuman or degrading treatment or punishment, including neglect, corporal punishment, and sexual or verbal abuse. The family is an essential agent for creating awareness and preservation of human rights, and respect for human values, cultural identity and heritage, and other civilizations. There is a need to consider appropriate ways of ensuring balance between parental authority and the realization of the rights of the child, including the right to freedom of expression. Corresponding measures to prevent abrogation of these rights of the child within the family should be discussed.

 

3.Pursuant to article 45 of the Convention, other United Nations organs and specialized agencies, and other competent bodies (non-governmental organizations, research and academic institutions) concerned with the topic, are invited to contribute to the discussion and provide expert advice within their respective fields of specialization. The Committee on the Rights of the Child recognizes the importance of maintaining close contact with the secretariat of the International Year of the Family, in the United Nations Centre for Social Development and Humanitarian Affairs. In view of the recommendation adopted by the Committee at its first session concerning meetings with members of other treaty bodies to discuss matters of mutual interest relating to the rights of the child (A/47/41, Recommendation 3), the Committee decides to invite, to take part in its general discussion, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Committee on the Elimination of Discrimination against Women. It further recognizes the importance of this thematic discussion to consider the situation of the girl child within the family (see CRC/C/20, Recommendation 4, paragraph 6. a

 

4.The Committee welcomes the presentation of papers dealing with any of the above topics for not more than 10 minutes, beyond which corresponding annexes can be submitted as part of the documentation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_________

 

a/ See also the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights (A/CONF.157/24 (Part I), chap. III), part I, para. 21, and part II, para. 49.


Annex VI

 

LIST OF DOCUMENTS ISSUED FOR THE FIFTH SESSION

OF THE COMMITTEE

 

CRC/C/3/Add.11Initial report of Mexico

 

CRC/C/3/Add.12Initial report of Namibia

 

CRC/C/3/Add.13Initial report of Pakistan

 

CRC/C/3/Add.14Initial report of Belarus

 

CRC/C/3/Add.15Initial report of France

 

CRC/C/3/Add.16Initial report of Romania

 

CRC/C/3/Add.24Additional information submitted by Peru

 

CRC/C/8/Add.3Initial report of Colombia

 

CRC/C/11/Rev.3Note by the Secretary-General listing initial reports due in 1994

 

CRC/C/15/Add.13Concluding observations: Mexico

 

CRC/C/15/Add.14Concluding observations: Namibia

 

CRC/C/15/Add.15Preliminary observations: Colombia

 

CRC/C/15/Add.16Concluding observations: Romania

 

CRC/C/15/Add.17Concluding observations: Belarus

 

CRC/C/21Provisional agenda and annotations

 

CRC/C/22Note by the Secretary-General on the States parties to the Convention and the status of submission of reports

 

CRC/C/23Note by the Secretary-General on the status of consideration of reports

 

CRC/C/SR.105-130Summary records of the fifth session

 

 

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