CRC
UNITED
NATIONS
Convention on the
Rights of the Child
Distr.
GENERAL
CRC/C/38
20 February 1995
ENGLISH
Original: ENGLISH/FRENCH
Report adopted by the Committee at its 209th meeting
on 27 January 1995
COMMITTEE ON THE RIGHTS OF THE CHILD
Report on the eighth session
(Geneva, 9-27 January 1995)
CONTENTS
Chapter Paragraphs Page
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE
COMMITTEE ON THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
II. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . . . . 1 - 19 5
A. States parties to the Convention. . . . . . . . . . . . . . . . . . . . 1 - 2 5
B. Opening and duration of the session. . . . . . . . . . . . . . . . . 3 5
C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 8 5
D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6
E. Meeting with the High Commissioner for
Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 11 6
F. Pre-sessional working group. . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 17 7
G. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8
H. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8
GE.95-15426 (E)
CONTENTS (continued)
Chapter Paragraphs Page
III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF
THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 - 244 9
A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9
B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 244 9
1. Concluding observations: Argentina. . . . . . . . . . . . 27 - 48 10
2. Concluding observations: Philippines. . . . . . . . . . 49 - 76 12
3. Concluding observations: Colombia. . . . . . . . . . . . . 77 - 101 16
4. Concluding observations: Poland. . . . . . . . . . . . . . . 102 - 138 20
5. Concluding observations: Jamaica. . . . . . . . . . . . . . 139 - 169 25
6. Concluding observations: Denmark. . . . . . . . . . . . . . 170 - 202 30
7. Concluding observations: United Kingdom of
Great Britain and Northern Ireland. . . . . . . . . . . . . 203 - 244 35
IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE. . . . . . 245 - 299 42
A. Review of developments relevant to the work
of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 - 274 42
B. General discussion on the girl child. . . . . . . . . . . . . . . . 275 - 299 47
V. DRAFT PROVISIONAL AGENDA FOR THE NINTH SESSION. . . . . . . . . 300 53
VI. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 53
Annexes
I. States which have ratified or acceded to the Convention
on the Rights of the Child as at 27 January 1995. . . . . . . . . . . . . . . . . . . . . . 54
II. Membership of the Committee on the Rights of the Child. . . . . . . . . . . . . . . 59
III. Status of submission of reports by States parties under
article 44 of the Convention on the Rights of the Child
as at 27 January 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
IV. Report of the meeting of the Special Commission of
the Hague Convention on Protection of Children and
Cooperation in respect of Intercountry Adoption. . . . . . . . . . . . . . . . . . . . . . . 70
V. General debate on the "girl child" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
VI. List of documents issued for the eighth session of
the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
I. CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY
THE COMMITTEE ON THE RIGHTS OF THE CHILD
Participation and contribution to the Fourth World Conference
on Women: Action for Equality, Development and Peace
The Committee on the Rights of the Child,
Recognizing the importance of maintaining effective communication and meaningful dialogue with United Nations bodies active in the field of human rights in general and children's rights in particular,
Considering the need to ensure its active participation in activities of relevance to its work which are taking place within the framework of the United Nations system-wide action,
Recalling its previous decision to be represented at, and actively contribute to, the preparatory process of the Fourth World Conference on Women: Action for Equality, Development and Peace, to take place in September 1995 in Beijing,
Encouraged by the richness of the debate held at its eighth session during its thematic day of general discussion on the girl child,
Reaffirming the importance of the Convention on the Rights of the Child and of its implementation process in decisively improving the situation of girls around the world and ensuring the full realization of their fundamental rights,
Recalling that, as stressed by the World Conference on Human Rights, the human rights of women and the girl child are an inalienable, integral and indivisible part of human rights,
Recalling also that the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women have a complementary and mutually reinforcing nature, and recommending that they should be an essential framework for a forward-looking strategy to promote and protect the fundamental rights of girls and women and decisively eradicate inequality and discrimination,
1. Reaffirms its decision to participate in the Fourth World Conference on Women: Action for Equality, Development and Peace, to take place in September 1995 in Beijing, and requests the Secretariat to adopt all necessary measures to allow for such participation;
2. Decides to transmit the content of the general discussion on the girl child, as reflected in the report of its eighth session, to the secretariat of the Fourth World Conference on Women;
3. Requests that the Platform for Action for the Conference reflect throughout its different chapters the situation and the fundamental rights of the girl child, namely in the areas specifically addressed during the general discussion of the Committee, as reflected in the report of its eighth session;
4. Also requests that the Committee on the Rights of the Child be clearly considered as an essential mechanism within the framework of the international machinery that will be entrusted with the task of monitoring and periodically reviewing the implementation of the Platform for Action.
II. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 27 January 1995, the closing date of the eighth session of the Committee on the Rights of the Child, there were 168 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.3.
B. Opening and duration of the session
3. The Committee on the Rights of the Child held its eighth session at the United Nations Office at Geneva from 9 to 27 January 1995. The Committee held 26 meetings (184th to 209th). An account of the Committee's deliberations at its eighth session is contained in the relevant summary records (CRC/C/SR.184-190, 192-206, and 209).
C. Membership and attendance
4. All members attended the eighth session. Some of the members were unable to attend the entire 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, United Nations High Commissioner for Refugees, United Nations Population Fund, United Nations Development Programme.
6. The following specialized agencies were also represented at the session: International Labour Organization, Food and Agriculture Organization of the United Nations, United Nations Educational, Scientific and Cultural Organization, World Health Organization.
7. A representative for INTERPOL also attended the session.
8. Representatives of the following non-governmental organizations were also in attendance at the session:
Category I
International Movement ATD Fourth World, Zonta International.
Category II
Associated Country Women of the World, Caritas, Defence for Children International, Friends World Committee for Consultation (Quakers), International Abolitionist Federation, 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, Radda Barnen.
Others
Children's Rights Development Unit (UK), Committee on the Administration of Justice, Jamaican Coalition for the Rights of the Child, NGO Group for the Convention on the Rights of the Child, One World Productions, Save the Children (UK).
D. Agenda
9. At its 184th meeting, on 9 January 1995, the Committee adopted the provisional agenda (CRC/C/35). The agenda of the eighth session, as adopted, was as follows:
1. Adoption of the agenda.
2. Organizational and other matters.
3. Submission of reports by States parties in accordance with article 44 of the Convention.
4. Consideration of reports of States parties.
5. System of documentation and information.
6. General discussion on "The girl child".
7. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.
8. Methods of work of the Committee.
9. Future meetings of the Committee.
10. Other matters.
E. Meeting with the High Commissioner for Human Rights
10. At the 209th meeting, on 27 January 1995, the High Commissioner for Human Rights, Mr. J. Ayala Lasso, addressed the Committee.
11. In his statement, the High Commissioner stressed the importance he attached to promoting the rights of the child, which should be seen as a priority in the United Nations system-wide action on human rights. He recalled that the very high number of States parties to the Convention made it possible to attain, by the end of 1995, the goal of universal ratification, and he referred to the programme of activities being elaborated jointly by UNICEF and the Centre for Human Rights to facilitate the attainment of that goal. He indicated that a plan of action to support the implementation of the Convention on the Rights of the Child was being finalized and would soon be submitted to Governments for funding. Such a plan would enable the Committee to receive substantive support in order to meet the high expectations created by the Convention and its implementation system and to face the heavy workload. It would facilitate the practical realization of the recommendations of the Committee aiming at a better implementation of the Convention at the national level within the framework of international cooperation, through the provision of advisory services and technical assistance.
F. Pre-sessional working group
12. In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 17 to 21 October 1994. All members except Mgr. Bambaren Gastelumendi, Mrs. Belembaogo, Mrs. Eufemio (who was representing the Committee at the Special Commission of the Hague Conference on Private International Law on the application of the Convention of 20 May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption to refugee children and other displaced children, held at The Hague from 17 to 21 October 1994) and Mr. Mombeshora participated in the working group. Representatives from UNICEF, UNHCR, the United Nations Division for the Advancement of Women, as well as representatives from ILO and WHO, participated in the meetings of the working group. The representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives from various non-governmental organizations, were also in attendance at the session.
13. The purpose of the pre-sessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States. It also provides an opportunity to consider questions relating to technical assistance and international cooperation.
14. At its 1st meeting, held on 17 October, the working group, in accordance with rule 63.2 of the Committee's provisional rules of procedure, elected Mrs. Badran as Chairperson and Mrs. Santos Pais as Rapporteur.
15. The pre-sessional working group held eight meetings, in the course of which it examined lists of issues put before it by members of the Committee relating to the initial reports of the following four countries: Jamaica, Nicaragua, Poland and the United Kingdom of Great Britain and Northern Ireland. The list of issues was transmitted directly to the Permanent Missions of the States concerned with a note which stated, inter alia:
"The Committee wishes to receive, if possible before 31 July 1994, 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."
16. In addition, the pre-sessional working group also took note of additional information which had been submitted to the Committee by the Government of El Salvador (CRC/C/3/Add.28) following a request made by the Committee in the course of its consideration of the initial report submitted by El Salvador. The working group also examined additional information submitted by the Government of Colombia and decided that the Committee would continue its consideration of the report and additional information submitted by Colombia in the course of the Committee's eighth session.
17. On the basis of a decision taken at the pre-sessional working group of the fifth session of the Committee, the working group established informal contacts with the Permanent Missions of States whose reports were scheduled for consideration at the forthcoming session, in order to inform them of the procedure followed by the Committee for the consideration of reports and clarify the purposes of the dialogue with representatives of the States parties.
G. Organization of work
18. The Committee considered the organization of work at its 184th meeting, on 9 January 1995. The Committee had before it the draft programme of work
for the eighth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its seventh session (CRC/C/34).
H. Future regular meetings
19. The Committee noted that its ninth session would take place from 22 May to 9 June 1995 and that its pre-sessional working group would meet from 12 to 16 June 1995.
III. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
A. Submission of reports
20. 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.3), 1994 (CRC/C/11/Rev.3), and 1995 (CRC/C/28); a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/36); (c) a note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.2). 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. 72-244 below) and those which had been received prior to the Committee's seventh session (see CRC/C/34, para. 22), the Secretary-General had received the initial reports of Croatia (CRC/C/8/Add.19), Cyprus (CRC/C/8/Add.24), Finland (CRC/C/8/Add.22), Guatemala (CRC/C/3/Add.33), Iceland (CRC/C/11/Add.6), Lebanon (CRC/C/8/Add.23), Mongolia (CRC/C/3/Add.32), the Republic of Korea (CRC/C/8/Add.21 and Yemen (CRC/C/8/Add.20).
B. Consideration of reports
21. At its eighth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 17 of its 26 meetings to the consideration of reports (CRC/C/SR.185-189, 192-194, 196-201 and 204-206).
22. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee
at its eighth session: Colombia (CRC/C/8/Add.3 and additional information), Philippines (CRC/C/3/Add.23), Denmark (CRC/C/8/Add.8), Poland (CRC/C/8/Add.11), Jamaica (CRC/C/8/Add.12), and the United Kingdom of Great Britain and Northern Ireland (CRC/C/11/Add.1).
23. In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined. 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 report, contain concluding or preliminary observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.
25. The concluding observations on the initial report of Argentina (CRC/C/8/Add.2), which had been considered by the Committee at its seventh session, are also contained below, in accordance with a decision taken by the Committee at its seventh session (see CRC/C/34, para. 155).
26. 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: Argentina
27. The Committee considered at its seventh session the initial report of Argentina (CRC/C/8/Add.2) at its 177th to 179th meetings (CRC/C/SR.177, 178 and 179), held on 10 and 11 October 1994. In view of the fact that the additional report which had been requested from the Government of Argentina to supplement the information contained in Argentina's initial report was received just before the consideration of the report, the Committee decided to postpone the adoption of its concluding observations until its next session. The Committee therefore adopted at its eighth session the following concluding observations:
A. Introduction
28. The Committee expresses its appreciation to the State party for engaging in a dialogue with the Committee. The Committee notes with regret that the report submitted by the Government of Argentina does not cover all rights enshrined in the Convention and that it was not prepared in accordance with the Committee's guidelines for the preparation of initial reports. It notes that the report mainly deals with the legal framework and does not contain sufficient information, either analytical or statistical, on the actual implementation of the principles and rights set forth in the Convention. The extensive additional information submitted by the Government came too late for the Committee members to study and examine before the discussion with the State party delegation.
B. Positive aspects
29. The Committee notes with satisfaction the declaration made by the State party upon ratification in regard to article 38 that a prohibition exists in national legislation on the use of children under 18 in armed conflicts.
30. The Committee also welcomes the establishment of the National Council for Children and Family, the development of a National Plan of Action for Children as well as the signing of a federal Pact for Mothers and Children.
31. The Committee welcomes the efforts undertaken by the Government of the State party to publicize the Convention on the Rights of the Child.
32. The Committee welcomes the incorporation of the Convention on the Rights of the Child, as well as other human rights treaties ratified by Argentina, into the domestic legal system and the high legal status attributed to them by virtue of which they are given precedence over national laws.
33. The Committee notes with satisfaction the successful immunization programme with 99 per cent coverage and the high literacy rate - 95 per cent in 1990.
C. Principal subjects of concern
34. The Committee is furthermore concerned about the reservations entered by the Government of Argentina upon the ratification of the Convention with respect to article 21(b), (c), (d) and (e) due to their broad nature.
35. The Committee is concerned that sufficient administrative and other measures seem not to have been taken to facilitate an effective coordination of the implementation of the Convention on local, regional and national levels.
36. The Committee takes note of the disparity of marriage ages for boys and girls in Argentine law, which seems to be contrary to the provisions of article 2 of the Convention.
37. The Committee notes with special concern the situation of children from vulnerable and disadvantaged groups, such as disabled children, abandoned children and children living and/or working in the streets as well as children belonging to households living in poverty.
38. The Committee is also worried about the high number of single mothers in Argentina between the ages of 12 and 18 and about reports on the occurrence of domestic violence and sexual abuse.
39. The Committee notes the problems in the schools, with high turnover of teachers and children dropping out.
E. Suggestions and recommendations
40. The Committee recommends that the Government of Argentina consider reviewing the reservation entered upon ratification of the Convention with a view to withdrawing it. In that connection, the attention of the State party is drawn to the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in June 1993 which encouraged States to withdraw reservations to the Convention on the Rights of the Child.
41. The Committee recommends that, given the federal nature of the Argentine State, a comprehensive 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 the promotion and protection of the rights of children. Of importance, in that context, would be the establishment of an appropriate infrastructure at all levels and increased coordination between efforts undertaken at the local and provincial level with those taken at the national level. It is recommended that emphasis also be put on the aspect of monitoring, including through an ombudsman, and on cooperation with non-governmental organizations working for the rights of the child.
42. The Committee suggests that the budgetary measures be reviewed with a view to ensuring that the maximum amount of available resources is allocated to promote and protect the rights of the child at the federal, regional and local levels.
43. The Committee recommends that further efforts be made to ensure that personnel dealing with children be provided with adequate training which emphasizes the principles and norms in the Convention on the Rights of the Child.
44. The Committee suggests that a larger part of the education and training of law enforcement personnel, judges and other administration of justice officials be devoted to an understanding of international standards on juvenile justice. The Committee also recommends that juvenile courts be set up in all provinces.
45. The Committee suggests that the State party consider undertaking greater efforts to provide family education and developing awareness of the equal responsibility of parents. Health education programmes should be developed to counter the high incidence of teenage pregnancy.
46. The Committee suggests that the State party considers the possibility of introducing more effective legislation and follow-up mechanisms to prevent violence within the family in the spirit of article 19.
47. The Committee also recommends that further measures be taken by the Government to reduce drop-out rates in schools and to ensure that the schools are adequately staffed with qualified personnel. It is also recommended that further steps be taken to encourage the active participation of children in the schools, as well as outside, in the spirit of article 12 of the Convention.
48. The Committee also recommends that the report and the additional information 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.
2. Concluding observations: Philippines
49. The Committee considered the initial report of the Philippines (CRC/C/3/Add.23) at its 185th, 186th and 187th meetings (CRC/C/SR.185-187), held on 10 and 11 January 1995, and adopted the following concluding observations.
A. Introduction
50. The Committee notes with satisfaction the submission of the initial report of the Philippines, which was one of the first States to become party to the Convention on the Rights of the Child. The Committee expresses its appreciation that the report followed the Committee's guidelines and that it contained detailed information on the legal framework within which the Convention is implemented as well as some mention of the difficulties encountered by the State. The Committee welcomes the written information provided by the Government in reply to the questions set out in the list of issues (CRC/C/7/WP.3), which was communicated to it before the session. The Committee, however, notes with regret the lack of information on the concrete effects of measures adopted.
51. The supplementary information provided by the numerous members of the delegation of the Philippines and the fact that the delegation was composed of members involved in a diversity of sectors in various child-related issues made it possible to supplement information received in writing and to engage in an open and constructive dialogue.
B. Positive aspects
52. The Committee takes note of the firm commitment of the Government of the Philippines to the promotion and protection of the rights of the child. 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 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 Philippine Plan of Action for Children entitled "The Filipino Children: 2000 and Beyond".
C. Factors and difficulties impeding the
implementation of the Convention
53. The Committee notes the geographical and cultural diversity, the dispersal of the population throughout the 7,000 islands of the archipelago, and the wide economic and social disparities existing in the country.
54. The Committee further recognizes the difficulties arising from political instability in a period of democratization, including the adverse effects of the armed conflict on children.
55. The Committee also notes that natural disasters have had a negative impact on the situation of children.
D. Principal subjects of concern
56. The Committee is concerned that in spite of serious efforts and achievements in the area of legislative reform, steps remain to be taken to bring national legislation into full conformity with the Convention, including in regard to the minimum age of criminal responsibility, minimum age for sexual consent, minimum age of access to employment, compulsory schooling age limit, status of children born out of wedlock, the prohibition of torture, intercountry adoption and legislation concerning the administration of juvenile justice, including deprivation of liberty and criminalization of vagrancy.
57. The lack of efficient mechanisms to monitor the situation of children is a matter of concern. The Committee notes in this regard a lack of reliable qualitative and quantitative data, a shortage of means to implement programmes, and a lack of indicators and mechanisms to evaluate the progress and impact of policies adopted.
58. The Committee is equally concerned that insufficient attention seems to have been paid to the provisions of article 4 of the Convention concerning budgetary allocations. The present balance of resource allocations in the State party between the social and other sectors, and the high proportion of military expenditures to the detriment of child-related issues, are noted with concern. In this regard, the Committee expresses its concern at the unequal distribution of the national wealth in the country and the disparities in the enjoyment of the rights provided for under the Convention, to the detriment of poor urban children, children living in rural areas and children belonging to minorities (or "cultural" communities).
59. The Committee is concerned at the difficulties in ensuring the registration of children after birth, as well as at the problems faced by children who have not been registered in the enjoyment of their fundamental rights and freedoms.
60. The Committee also expresses its concern at the lack of practical measures to ensure the full enjoyment of the rights recognized in the Convention by certain categories of children, including girl children, disabled children, children of mixed marriages, children of overseas workers, working children, and children affected by armed conflicts.
61. The Committee is seriously alarmed by the existence of child abuse (including sexual abuse) and neglect within the family, which often lead to children being abandoned or running away, thus facing the additional risks of violations of their human rights.
62. The Committee is also preoccupied by the level of violence and the high incidence of ill-treatment and abuse of children, including cases attributed to the police or military personnel. It notes with concern that the efforts of the Government to combat child abuse and neglect are insufficient, both from the prevention and the sanction point of view. The lack of rehabilitation measures for such children is also a matter of concern. The failure to take effective steps to prosecute and punish those responsible for such violations or to make public decisions taken in this regard, including towards paedophiles, may lead to a feeling in the population that impunity prevails and that it is therefore useless to bring complaints before the competent authorities.
63. With respect to the right to education, the Committee notes with concern that there has been little progress in fully implementing the relevant principles and provisions of the Convention, in particular with respect to girl children, children living in rural or remote areas and children affected by the armed conflict. The Committee is also worried by the lack of vocational training opportunities, the high drop-out rate in primary education and the low rate of enrolment in secondary education.
64. The large and growing number of children who, due to rural exodus, extreme poverty, abandonment, as well as situations of violence within the family, are forced to live and/or work in the streets, are deprived of their fundamental rights and exposed to various forms of exploitation, is a matter of deep concern.
65. Specific concern is also expressed about the present organization of the system of administration of juvenile justice and its lack of compatibility with the principles and provisions of the Convention and other international standards relating to juvenile justice.
E. Suggestions and recommendations
66. The Committee recommends that the State party continue to harmonize domestic legislation with the provisions of the Convention. Serious consideration should be given to raising the age limit for sexual consent and penal responsibility, to eliminating discrimination towards children born out of wedlock, to the prohibition of torture and to the revision of legal provisions with regard to the administration of juvenile justice. The Committee also suggests that the State party envisage ratifying the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption of 1993. The Committee also recommends that the Government take all necessary steps to ensure the respect and effective implementation of the provisions contained in the Convention.
67. Coordination between the various governmental agencies involved in the implementation of the Convention and its monitoring should be ensured, and efforts should be made towards closer cooperation with non-governmental organizations.
68. Measures should be taken to strengthen the monitoring mechanisms of the Convention. Qualitative and quantitative data and indicators for evaluating the progress and efficiency of programmes aiming at the full enjoyment of children's rights should be developed. Publicity should also be given to the monitoring reports on the implementation of the rights of the child.
69. The authorities should undertake all appropriate efforts to the maximum extent of their available resources to ensure that sufficient resources are allocated to children, taking into special consideration the needs of the most vulnerable groups.
70. More children's rights-oriented training programmes should be organized for various professional groups such as teachers, judges, social workers and police officials. Such programmes should emphasize the promotion and protection of the fundamental rights of the child and the child's sense of dignity. Greater efforts should be made to provide family life education and develop awareness of the responsibility of the parents. The Committee encourages non-governmental organizations and children and youth groups to pay attention to the need to change attitudes as part of their advocacy action.
71. The Committee emphasizes that the principle of non-discrimination, as provided for under article 2 of the Convention, must be fully applied. A more active approach should be taken to eliminate discrimination against certain groups of children, in particular children in remote areas, children belonging to "cultural" communities, girl children, disabled children and children born out of wedlock.
72. The Committee recommends that the State intensify its action against all violence directed at and ill-treatment of children, in particular sexual abuse. An increased number of programmes should aim at the prevention of sexual misbehaviour towards children. The deep causes of the phenomenon should be seriously looked at. The Committee also recommends the active participation of non-governmental organizations as well as children and youth groups in changing and influencing attitudes in that regard.
73. The State party should ensure that adequate procedures and mechanisms to deal with complaints of child ill-treatment are developed, that cases of violations of children's rights are duly investigated and that the results of such investigations are given publicity.
74. The Committee recommends that further measures be taken to implement the provisions of article 32, including in relation to the minimum age of access to employment, and that efforts be made to prevent and combat child labour in the country. Particular attention should be paid to children working in the informal sector. The Committee recommends that the State party seek technical assistance from ILO in this area.
75. The Committee recommends that the State party undertake a comprehensive reform of the system of administration of juvenile justice and that this reform be guided by the principles and provisions of the Convention 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 training of the law enforcement personnel, judges and other administration of justice officials be organized and that part of such training be devoted to these international standards of juvenile justice. The Committee underlines the need for technical assistance in this area and encourages the State party to seek such assistance from the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch of the United Nations in this regard.
76. 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.
3. Concluding observations: Colombia
77. The Committee began consideration of the initial report of Colombia (CRC/C/8/Add.3) at its 113th to 115th meetings, 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 not to conclude the consideration of that report and adopted instead a set of preliminary observations. The State party was requested to provide, by 28 February 1994, written answers to the Committee's list of issues and information on particular areas of concern identified by the Committee in its preliminary observations, for consideration by the Committee at a future session. After considering the additional information provided by the Government of Colombia at its 188th and 189th meetings held on 12 January 1995 (CRC/C/SR.188 and CRC/C/SR.189), the Committee concluded its consideration of the initial report of Colombia and adopted the following concluding observations:
A. Introduction
78. The Committee expresses its appreciation to the Government of Colombia for the submission of written answers to its list of issues, the responses to its preliminary observations and other oral questions posed during consideration of the report, and the additional information on the particular areas of concern identified by the Committee. The Committee is encouraged by the frank and cooperative tone of the discussion, in which the representatives of the State party indicated not only the policy directions relative to the Convention, but also the difficulties encountered during implementation.
B. Positive aspects
79. As recognized in its Preliminary Observations, the Committee welcomes the major legislative initiatives adopted with a view to providing a legal framework for the implementation of the Convention. The Committee also welcomes the initiatives taken towards creating special mechanisms for the implementation of the Convention. It particularly welcomes the emphasis placed on the protection of human rights as reflected, inter alia, by the establishment of a Unit on Human Rights within the Attorney-General's Office.
80. The Committee further welcomes the efforts made to facilitate the participation of non-governmental organizations (NGOs) in the implementation process.
81. The Committee notes the progress made over the last 10 years in lowering the infant mortality rate. It also welcomes the formulation by the State party of a National Plan of Action and the setting of concrete goals as follow-up to the World Summit for Children. The Committee further welcomes the Government's efforts to provide education to children in rural areas and to improve their nutritional level.
C. Factors and difficulties impeding the
implementation of the Convention
82. The Committee takes note that Colombia is going through a difficult economic period that adversely affects the situation of children. It further notes the prevailing disparities existing in the country at the economic and social levels.
83. The Committee also notes the serious impact on children of political problems stemming from drug-related terrorism and violence.
D. Principal subjects of concern
84. The Committee is concerned at the significant gap between the laws adopted to implement the Convention on the Rights of the Child and the practical application of those laws to the actual situation of a great number of children in Colombia.
85. The Committee also expresses concern over the lack of sufficient coordination between the various entities involved in human rights and children's rights, as well as at the lack of comprehensive consideration of different sectoral policies aiming at the promotion and protection of the rights of the child.
86. The Committee expresses its concern at the insufficient steps taken to gather relevant information on the implementation of the Convention as well as to ensure an effective monitoring system at the national, regional and local levels.
87. 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.
88. The Committee is also concerned about discriminatory and adverse social attitudes, particularly among law enforcement officials, towards vulnerable groups of children. 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 on the streets. Many of those children are victims of "social cleansing" campaigns and 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.
89. 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. Suggestions and recommendations
90. The Committee suggests that the State party take steps to ensure the effective coordination between the existing institutions involved in the areas of human rights and children's rights with a view to establishing a monitoring mechanism for the implementation of the Convention at the national, regional and local levels, which may assess the actual situation of children and narrow the gap between the law and its practice.
91. The Committee also suggests that reliable quantitative and qualitative information be systematically collected and analysed to evaluate progress in the realization of the rights of the child and to monitor closely the situation of marginalized children, including those belonging to the poorest sectors of society and to indigenous groups.
92. The Committee recommends that the State party, in the light of articles 3 and 4 of the Convention, undertake all appropriate measures to the maximum extent of the available resources to ensure that sufficient budgetary allocation is provided to services for children, particularly in the areas of education and health, and that particular attention is paid to the protection of the rights of children belonging to vulnerable groups.
93. The Committee further recommends that firm measures be taken to ensure the right to survival for all children in Colombia, including those who live in a situation of poverty, who have been abandoned, or those who to survive are forced to live and/or work in the streets. Such measures should aim at the effective protection of children against the occurrence of violence, disappearance, assassination or alleged organ trafficking. Thorough and systematic investigation should be carried out and severe penalties applied to those found responsible for such violations of children's rights. Violations of human rights and children's rights should always be examined by civilian courts under civilian law, not military courts. The outcome of investigations and cases of convictions should be widely publicized in order to deter future offences and thus combat the perception of impunity.
94. The Committee suggests that in the field of 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. The Committee also suggests that further efforts be made to ensure that all children deprived of their liberty, who have been abandoned or who are at risk are registered and their situation closely monitored in order to ensure that they are afforded the protection provided by the Convention.
95. In regard to the problems of working children, the Committee suggests that Colombia consider ratifying ILO Convention No. 138 concerning the minimum age for admission to employment and review all relevant national legislation with a view to bringing it into conformity with the Convention on the Rights of the Child and other international standards. Child labour laws should be enforced, complaints should be investigated and severe penalties imposed for violations. The Committee suggests that the Government consider seeking cooperation from ILO in this area.
96. The Committee suggests that steps be taken to strengthen the educational system, particularly in the rural areas, to improve the quality of teaching and to reduce the high number of school drop-outs. Consideration should be given to integrating the Rights of the Child in the school curriculum, namely in the framework of the United Nations Decade on Human Rights Education.
97. Educational campaigns should be undertaken to reduce violence in society and in the family and to combat prejudice on the basis of gender. 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. The Committee suggests that the Government more actively enlist the support of NGOs and other private organizations in raising public awareness of the rights of the child and in monitoring enforcement of the laws.
98. The Committee suggests that serious consideration be given to training in the rights of the child of professional groups working with or for children, including teachers, judges and defensores de familia y de menores. The Committee believes that a new attitude and approach should 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 the value of their fundamental rights. In this connection, information and training programmes should be strengthened, including at the level of the community and the family, and the rights of the child should be included in the framework of the training curriculum of the professional groups concerned.
99. Further measures should be envisaged to strengthen cooperation with NGOs aiming at greater social mobilization on behalf of the rights of the child.
100. The Committee suggests that the State party seek closer cooperation with United Nations bodies and specialized agencies, including the Centre for Human Rights and its Technical Cooperation Branch, in order to obtain the assistance and expertise required and to embark upon major reform in the areas where a concern has been identified by the Committee.
101. The Committee suggests that in the light of article 44, paragraph 6, the State party widely publicize its report, the summary records of the discussion and the concluding observations adopted thereon.
4. Concluding observations: Poland
102. The Committee considered the initial report of Poland (CRC/C/8/Add.11 and HRI/CORE/1/Add.25) at its 192nd to 194th meetings (CRC/C/SR.192-194), held on 16 and 17 January 1995 and adopted the following concluding observations:
A. Introduction
103. The Committee expresses its appreciation to the State party for its report and for engaging, through a high-ranking delegation, in a constructive and frank dialogue with the Committee. The Committee welcomes the written information provided by the Government of Poland in reply to the questions set out in the list of issues (CRC/C/8/WP.4) which were communicated to it before the session.
B. Positive aspects
104. The Committee welcomes the formal adoption of the report by the Council of Ministers.
105. The Committee further welcomes the intention expressed by the delegation to review the contents of the reservations and declarations made at the moment of the ratification of the Convention with a view to considering their possible withdrawal.
106. The Committee is encouraged by the Government's willingness to identify and address the various problems impeding the implementation of the rights provided for in the Convention and to seek appropriate solutions, particularly in the area of child health care.
107. The Committee welcomes measures adopted by the Government to promote awareness of children's rights. It also welcomes the publication of the text of the Convention by the Polish Committee for UNICEF and the Committee for the Protection of Children's Rights, as well as the organization of several workshops and seminars. It is encouraged by steps taken with regard to the training of teachers in the rights and principles of the Convention as well as similar activities undertaken for the benefit of judges.
108. The Committee notes with appreciation the activities undertaken by the Commissioner for Civil Rights and the recent decision to re-establish the Office of the Government Plenipotentiary for Women and Family Affairs for the protection of human rights and fundamental freedoms, including children's rights.
109. The Committee appreciates that Poland, despite its present financial difficulties, is participating in international cooperation activities, including in the area of education of students from developing countries.
110. The Committee recognizes the importance accorded by the State party, at a time of critical political and economic change in the country, to introducing positive changes for the benefit of children and to pursue policies that take into account the needs of children. In that connection, it particularly welcomes the assurances given by the delegation that the Committee's concluding observations will be brought to the attention of the Council of Ministers for appropriate action.
C. Factors and difficulties impeding the
implementation of the Convention
111. The Committee notes the difficulties facing Poland in the present period of political transition and in a climate of social change and deep economic crisis. It notes that the situation of many children is affected by growing poverty and increasing unemployment.
112. The Committee also notes the difficulties which have been caused by prejudices, intolerance and other social attitudes in contradiction with the general principles of the Convention.
D. Principal subjects of concern
113. The Committee is worried about the impact on children of the difficult economic situation prevailing in the country. In this connection, the Committee is particularly concerned as to whether appropriate measures have been undertaken to protect children, particularly those belonging to the most vulnerable groups, from being the victims of economic reform, in the light of articles 3 and 4 of the Convention.
114. The Committee is concerned that traditional attitudes still prevailing in the country may not be conductive to the realization of the general principles of the Convention, including, in particular, articles 2 (principle of non-discrimination), article 3 (principle of the best interest of the child) and article 12 (respect for the views of the child).
115. 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 general principles of the Convention, as in the case of minimum age for marriage, family law and in the area of juvenile justice.
116. The Committee is concerned at the insufficient coordination between the various ministries, as well as between central authorities and regional and local authorities, in the implementation of policies for the promotion and protection of the rights of the child.
117. The Committee expresses its concern at the lack of a systematic monitoring mechanism in the field of the rights of the child as well as at the lack of a comprehensive system of data gathering on the situation of children, which results in an inability adequately to overcome the prevailing economic and social disparities in the implementation of the Convention.
118. The Committee regrets that a national strategy in the field of the rights of the child has not yet been adopted and that specific programmes aiming at protecting vulnerable children, including through the adoption of a National Plan of Action, with a view to ensuring that safety nets are in place to prevent a deterioration of their rights, have not yet been established.
119. The Committee is concerned at the insufficient awareness in various sectors of the population of the principles and provisions of the Convention. In this regard, it is also concerned that society is not sufficiently sensitive to the needs and situation of particularly vulnerable children such as children infected with HIV or AIDS and Roma children. The Committee is concerned about the lack of adequate training given to professional groups, in particular social workers, law enforcement officials and judicial personnel, on the principles and provisions of the Convention.
120. The Committee regrets that appropriate measures have not yet been taken to effectively prevent and combat corporal punishment and ill-treatment of children in schools or in institutions where children may be placed. The Committee is also preoccupied by the existence on a large scale of child abuse and violence within the family and the insufficient protection afforded by the existing legislation in that regard.
121. The situation in relation to the administration of juvenile justice and in particular its compatibility with articles 37 and 40 of the Convention as well as other relevant standards such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty is a matter of concern to the Committee. In that regard, the Committee deplores the provisions relating to "juvenile demoralization" which do not appear to be compatible with the Convention.
122. The Committee notes with concern the growing use and involvement of children in criminal activities and the vulnerability of children to sexual abuse, drug abuse, alcoholism, as well as torture and ill-treatment.
E. Suggestions and recommendations
123. The Committee encourages the Government of Poland to consider the possibility of reviewing its reservations, as well as the declaration made in relation to the exercise of the rights defined in articles 12 to 16, with a view to withdrawing them.
124. The Committee recommends that the State party strengthen the coordination between the different governmental mechanisms involved in human rights and children's rights, at both the national and local levels, and ensure a closer cooperation with non-governmental organizations, with a view to developing a comprehensive policy on children and ensuring an effective evaluation of the implementation of the Convention on the Rights of the Child in the country. In this regard, the Committee suggests that consideration be given to strengthening the powers and responsibilities currently held by the Commissioner for Civil Rights and the recently re-established Office of the Government Plenipotentiary for Women and Family Affairs.
125. The Committee further recommends that the State party undertake to gather all the necessary information on the situation of children in the various areas covered by the Convention, including in relation to those children belonging to the most vulnerable groups. It also suggests that a multidisciplinary monitoring system be established to assess the progress achieved and the difficulties encountered in the realization of the rights recognized by the Convention at the central, regional and local levels, and in particular to monitor regularly the effects of economic change on children. Such a monitoring system should enable the State party to shape appropriate policies and to combat prevailing disparities and traditional prejudices.
126. The Committee encourages the Government of Poland to pay particular attention to the full implementation of article 4 of the Convention and to ensure a judicious distribution of the resources at the central, regional and local levels. Budget allocations for the implementation of economic, social and cultural rights should be ensured to the maximum extent of available resources and in the light of the best interests of the child.
127. The Committee further encourages the Government to give consideration to the adoption of a National Plan of Action in the field of the rights of the child and to develop specific programmes aiming at protecting children and at ensuring that safety nets are established to prevent a deterioration of their rights in the context of economic transition.
128. The Committee is of the opinion that greater efforts are required to make the provisions and principles of the Convention widely known and understood by adults and children alike, in the light of article 42 of the Convention.
129. Further measures should also be taken to prevent a rise in discriminatory attitudes or prejudices towards vulnerable children, particularly Roma children and children infected by HIV/AIDS, in the light of article 2 of the Convention.
130. The Committee recommends that periodic training programmes on the rights of the child be organized for professional groups working with or for children, including teachers, law enforcement officials and judges, and that human rights and children's rights be included in their training curricula.
131. The Committee suggests that the State party pursue its legal reform with a view to ensuring the full conformity of its national legislation with the provisions of the Convention on the Rights of the Child and to clearly reflecting its general principles, including on non-discrimination, best interests of the child and respect for the views of the child. In this regard, the Committee recommends that the 1968 Family Code be reviewed and that the safeguards currently in force in cases of intercountry adoption be improved. In this connection, the Committee encourages the Government of Poland to consider ratifying the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
132. The Committee further suggests that the clear prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as the ban on corporation punishment in the family, be reflected in the national legislation. In this field, the Committee also suggests the development of procedures and mechanisms to monitor complaints of maltreatment and cruelty within or outside the family. Moreover, special programmes should be set up to promote physical and psychological recovery and social reintegration of children victims of any form of neglect, abuse, exploitation, torture or ill-treatment in an environment which fosters the health, self-respect and dignity of the child.
133. The Committee recommends that, in the framework of its legal reform, the Government envisage addressing the situation of unaccompanied children and children having been refused refugee status and awaiting deportation in the light of the provisions and principles of the Convention on the Rights of the Child. In this connection, the Committee encourages the State party to consider seeking technical assistance from UNHCR.
134. In the field of the administration of juvenile justice, the Committee suggests that a comprehensive reform be undertaken and that the Convention on the Rights of the Child, in particular articles 37, 39 and 40, and other relevant international standards in this field, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty be seen as a guide in this revision. Particular attention should be paid to the prevention of juvenile delinquency, the protection of the rights of children deprived of liberty, as well as respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system, including under the pretext of public assistance. Training programmes on the relevant international standards should be organized for all those professionals involved with the system of juvenile justice, in particular judges, law enforcement officials, correctional officers and social workers. The Committee recommends that technical assistance in this area be sought from the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch.
135. The Committee considers that greater efforts should be made to provide family education and to develop awareness of the role of the family in society and of the equal responsibilities of parents. Further steps should be taken to strengthen the system of assistance to both parents in the performance of their child-rearing responsibilities, in particular in the light of articles 18 and 27 of the Convention. It is further suggested that the problem of single parenthood be studied and that relevant programmes be established to meet the particular needs of single parents.
136. The Committee encourages the State party to address the situation of children in institutions, with a view to envisaging and making available possible alternatives to institutional care and to establishing effective monitoring mechanisms of the realization of the rights of the child placed in an institution.
137. The Committee encourages the State party to seek international technical assistance and advice from, among others, the Centre for Human Rights and UNICEF, in its efforts to implement the Convention and, in particular, to harmonize national legislation with the Convention, develop a coordinating and monitoring mechanism on children's rights and adopt a comprehensive social policy identifying the rights of the child as a clear priority.
138. Finally, the Committee 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 and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee.
5. Concluding observations: Jamaica
139. The Committee considered the initial report of Jamaica (CRC/C/8/Add.12) at its 196th to 198th meetings (CRC/C/SR.196, 197 and 198), held on 18 and 19 January 1995 and adopted the following concluding observations:
A. Introduction
140. The Committee expresses its appreciation to the State party for engaging, through a high-ranking delegation in a constructive and frank dialogue with the Committee. The Committee also welcomes the written replies submitted by the Government of Jamaica in response to the Committee's list of issues (CRC/C.8/WP.3), which was made available to the State party before the session.
B. Positive aspects
141. The Committee welcomes the commitment shown by the Government of Jamaica in fulfilling its obligations under the Convention. That commitment is reflected in the intention to include child rights in the constitutional reform currently under way, and in the legislative review which aims at bringing national legislation into conformity with the provisions of the Convention, including through the drafting of a Child Care and Protection Act. Other welcome developments include the intention to issue a Policy Statement on Children, the drafting of the Five-Year Development Plan for Children, the holding, in cooperation with non-governmental agencies, of workshops on steps to be taken to ensure the implementation of the Convention; the adoption of a country programme for Children in Especially Difficult Circumstances; the establishment of the Specialist Committee on Child Abuse.
142. The Committee also notes the willingness of the Government of Jamaica to seek advice and technical assistance from United Nations bodies and specialized agencies and from national and international non-governmental institutions in the field of the promotion and protection of the rights of the child in accordance with the standards set out in the Convention.
C. Factors and difficulties impeding the
implementation of the Convention
143. The Committee notes that severe economic and social problems have had a negative impact on the situation of children. The very high level of external debt and the requirements of structural adjustment programmes which have resulted in budgetary reallocations to the detriment of social services, as well as unemployment and poverty, have affected the enjoyment of children's rights.
144. The Committee also notes the difficulties caused by some social attitudes, traditions and prejudices.
D. Principal subjects of concern
145. The Committee is concerned that in the framework of the legislative reform under way, a number of areas remain where national legislation has not yet been brought into full conformity with the provisions of the Convention, including its general principles, as reflected in articles 2, 3, 6 and 12. In this regard, the Committee's concerns relate in particular to the definition of the child, the need to protect children against corporal punishment and harmful information, parental responsibilities, child abuse and neglect - including sexual abuse - health issues, the minimum age of access to employment and the protection of working children, as well as the administration of juvenile justice.
146. The Committee is concerned at the lack of an overall integrated mechanism to monitor the activities designed to promote and protect children's rights. The insufficient coordination between the various governmental departments, as well as between central and regional authorities, in the implementation of policies to promote and protect the rights of the child is a matter of concern. In this connection, the Committee expresses its concern at the absence of effective mechanisms for collecting statistical data and other relevant information about the status of children which are of paramount importance for the elaboration of targeted programmes for the implementation of the rights recognized in the Convention.
147. The Committee is worried about the effect on children of the difficult economic situation and the socio-economic disparities prevailing in the country. In this regard, it is concerned as to whether sufficient budgetary allocations are made and adequate social measures are being taken to protect children, in particular those living in poverty or belonging to vulnerable groups, from being the victims of this situation, in the light of the provisions of articles 3 and 4 of the Convention.
148. The Committee is concerned at the difficulties in insuring the registration of children at birth. Such a situation implies the non-recognition of those children as persons before the law, which will affect the level of enjoyment of their fundamental rights and freedoms. The Committee is also concerned at the difficulties in ensuring the registration of post-natal deaths.
149. The Committee is concerned that traditional attitudes prevailing in the country may not be conducive to the realization of the general principles of the Convention, in particular as regards the persistence of gender stereotypes and the existing role distribution between boys and girls, the abusive sexual practices which might affect very young girls and the discriminatory attitude towards certain categories of particularly vulnerable children such as young single mothers, disabled children, children affected by HIV/AIDS or Rastafaran children.
150. The Committee is concerned that the measures being taken to protect children from information injurious to their well-being are insufficient, in the light of the provisions of article 17 of the Convention.
151. The lack of sufficient parental guidance and understanding by many parents of their joint parental responsibilities and the occurrence of child abuse and neglect within the family are matters of concern. The high incidence of teenage pregnancies and female-headed households make children particularly vulnerable to sexual abuse, domestic violence, neglect and abandonment, sometimes leading to children becoming involved in activities conflicting with the law.
152. The Committee also takes note of the inadequacy of measures taken to implement the relevant provisions of the Convention with respect to the right to health, in particular in the area of preventive health care and health education.
153. The Committee is worried by the problems involved in the practical application of the right to education. The lack of adequate schooling facilities, the reduction of the educational budget, the law status of teachers, leading to a shortage of trained educators, and the insufficient measures to ensure vocational training are matters of serious concern.
154. With regard to child exploitation, the Committee is concerned that child labour continues to be a serious problem in Jamaica, particularly in the rural areas and in the informal sector, and it notes the lack of adequate labour legislation to protect child workers. The Committee is also worried about the growing number of children living and/or working in the streets where they are exposed to various forms of exploitation and abuse.
155. With regard to the administration of juvenile justice, the Committee is concerned that the present situation does not reflect the spirit and the provisions of the Convention. In particular, the Committee is alarmed at reports of lengthy pre-trial arrests and detention of children in police lockups, where they may not benefit from the safeguards recognized in the Convention in the light of articles 37 and 40.
E. Suggestions and recommendations
156. The Committee recommends that the Government of Jamaica, within the framework of the constitutional reform and legislative review currently under way, ensure that the principles and provisions of the Convention are fully incorporated into the Constitution and other national legislation. In particular, it is suggested that the new legislation should address issues such as the definition of the child, the minimum age of penal responsibility and employment, parental responsibilities, the protection of children against abuse and neglect, and the system of administration of juvenile justice. The Committee encourages the State party to seek assistance from the Centre for Human Rights in undertaking this law reform.
157. The Committee emphasizes the need to establish an effective and integrated system for monitoring the implementation of the Convention. It stresses the need actively to involve various sectors of the society in such a system, including governmental and non-governmental structures, both at the national and the local level, as well as parliamentarians. A better coordination is also needed between national authorities and the various international agencies providing technical assistance, in order to ensure that due consideration is given, in the light of articles 3 and 4 of the Convention, to child-oriented projects and their effective implementation. The Committee recommends that a comprehensive system for the collection of data on children and trends on the realization of their rights be established in the State party. In this respect, the Committee recommends that the Government consider the possibility of organizing a meeting to discuss, within the framework of international cooperation, the implementation of the provisions of the Convention in the light of the present observations.
158. While acknowledging the efforts made by the State party in providing relief and social assistance to families most affected by the economic situation, the Committee emphasizes that all appropriate efforts should be undertaken to ensure, to the maximum extent of available resources and within the framework of international cooperation, that sufficient resources are allocated to children. In this regard, due attention should be given to the needs of particularly vulnerable and poverty-stricken children so as to provide adequate safety nets for such children and their families in order to avoid a further deterioration of their rights.
159. The Committee recommends that a nationwide education campaign be launched to sensitize the population at large to the principles and provisions of the Convention and that a comprehensive strategy be worked out and implemented in order to increase awareness among children and adults about the rights of the child and to combat existing prejudices affecting vulnerable groups of children. The Committee suggests in particular that members of professional groups working with children or concerned with the application of the Convention such as judges, lawyers, police and staff in detention centres, teachers and social workers be given, including within the training curricular, systematic training on the Convention.
160. The Committee considers that greater efforts are required to implement fully the provisions of article 2 of the Convention. Measures should be taken to combat traditional attitudes and stereotypes and sensitize the society to the situation and needs of the girl child, disabled children, children affected by HIV/AIDS, children living in rural areas or socially disadvantaged children and Rastafaran children.
161. The Committee recommends that further measures be taken to facilitate the registration of children, in cooperation with non-governmental organizations and with the support of international organizations.
162. The Committee stresses the need for greater efforts in developing family education and awareness of the common parental responsibilities of both parents in the light of article 18 of the Convention. Family planning information and services should be given greater attention and resources. The Committee encourages the State party to support further measures to promote early childhood development and the provision of child care services and centres for working mothers.
163. The Committee suggests that the State party take additional measures to combat violence and abuse of children, including sexual abuse. Comprehensive school guidance programmes to address the needs of children exposed to violent conditions and crisis services for children should be expanded. Programmes for the rehabilitation and reintegration of physically or psychologically disturbed and traumatized children need to be developed, with the cooperation of non-governmental organizations.
164. The State party should ensure that adequate procedures and mechanisms be developed to deal with complaints of the ill-treatment of children, and that cases of violations of children's rights be duly investigated.
165. While recognizing important achievements in the State party in the field of immunization coverage, the Committee recommends that further efforts be made to extend and strengthen the primary health care system. Health education should also be developed so as to ensure a better understanding by the population of the benefits of preventive health care and the detrimental effects on children of the persistence of traditional practices prejudicial to their health.
166. It is suggested that a thorough review of the education system be undertaken. It is recommended that the State party requests technical assistance from UNESCO in this regard. Measures should be envisaged to improve the quality of education, and to intensify teacher training and vocational training.
167. With respect to child exploitation, the Committee recommends that efforts to prevent and combat child labour, particularly in the informal sector, be intensified. It is suggested that the legislative review give due consideration to the issue of the minimum age for admission to employment, and that the State party consider ratifying ILO Convention No. 138 on this subject. It is recommended that Jamaica consider seeking assistance from ILO and UNICEF in this area.
168. With regard to the administration of juvenile justice, it is suggested that the necessary measures be taken to implement fully the principles and provisions of the Convention. The Committee recommends that the law reform to be undertaken in this field adequately reflect the provisions of the Convention as well as other relevant international standards, such as the Beijing Rules, the Riyadh Guidelines and the United National Rules for the Protection of Juveniles Deprived of their Liberty. It is suggested that due attention be paid to the best interests and the dignity of the child, and that deprivation of liberty be considered as a measure of last resort and for the minimum period possible. It is recommended that the State party envisage requesting technical assistance in this area from the Centre for Human Rights as well as from the Crime Prevention and Criminal Justice Branch of the United Nations.
169. The Committee also recommends that the report submitted by the State party, summary records of its consideration and the concluding observations of the Committee be disseminated as wide as possible within the country.
6. Concluding observations: Denmark
170. The Committee considered the initial report of Denmark (CRC/C/8/Add.8) at its 199th to 201st meetings (CRC/C/SR/199, 200 and 201), held on 19 and 20 January 1995 and adopted the following concluding observations:
A. Introduction
171. The Committee expresses its appreciation to the State party for its report, which has been prepared in conformity with the Committee's guidelines, and for the submission by the Government of Denmark of written replies to its written list of issues. It notes with satisfaction that the supplementary information provided by the delegation and its involvement in matters related to the Convention made it possible to engage in a constructive dialogue with the State party.
B. Positive aspects
172. The Committee welcomes the measures taken by the Government of Denmark, since the entry into force of the Convention in 1991, to promote and protect the rights of children. In this connection, the Committee welcomes the adoption of a law which makes it illegal to possess child pornography. It also welcomes the proposed amendment to the legislation relating to rules on joint custody, visitation rights and other related matters.
173. The Committee is encouraged to note the existence of the Government's Children's Committee and the Inter-Ministerial Committee on Children which is composed of civil servants from 16 Ministries. The Committee welcomes the preparation in 1994 by the Children's Committee of an action plan to address the problems facing the weakest and most vulnerable groups of children in Denmark. It is further noted that this action plan contemplates the development of projects to address these issues through interdisciplinary cooperation within each municipality.
174. The Committee also expresses its appreciation that a government policy paper on "Human Rights and Democracy" prepared in June 1993, and of relevance to international development assistance, contained a chapter devoted to the problems facing children in developing countries.
175. Likewise, the Committee notes with appreciation the creation by the Government of Denmark of the Children's Council for an initial period of three years, which will, inter alia, reflect on and review the measures taken and the policies adopted to implement the provisions and principles of the Convention in the light of the changing situation of children.
176. The Committee also welcomes the appointment of a board for ethnic quality which has been established pursuant to Act No. 466 of 30 June 1993. The Committee is further encouraged by the proposals of the Government's City Committee to establish a system of social assistance and legal information for refugee and immigrant children.
C. Principal subjects of concern
177. The Committee notes with concern that the State party made a reservation to article 40 (2) (b) (v) of the Convention, but also notes that the Government may reconsider that reservation.
178. The Committee is concerned about the adequacy of measures taken to ensure that the principles and provisions of the Convention are widely known to children and adults alike.
179. The Committee is also concerned that certain provisions and principles of the Convention on the Rights of the Child, particularly those guaranteed in articles 3, 12, 13 and 15, have not been adequately reflected in national legislation and policy-making.
180. Concerning the right of a child to know his or her origins, the Committee notes a possible contradiction between this provision of the Convention and the policy of the State party with respect to artificial insemination.
181. The Committee expresses its concern at the high percentage of single parent families and notes the need for special programmes and services to provide the necessary care for children from such families.
182. The Committee is also concerned about the application of the law and policy concerning children seeking asylum, particularly with regard to methods of interviewing children, including unaccompanied minors, and to ensuring that applications for the purpose of family reunification area dealt with in a positive, humane and expeditious manners.
183. The Committee notes that all children who have had their asylum requests rejected, but who remain in the country have had their rights to health care and education provided de facto but not de jure. It is the view of the Committee that this situation is not fully compatible with the provisions and principles of articles 2 and 3 of the Convention.
184, The Committee also wishes to express its concern about the occurrence of the sexual exploitation of children and the problem of child labour.
D. Suggestions and recommendations
185. The Committee wishes to encourage the State party to consider the possibility of withdrawing its reservation to the Convention, and would like to be kept informed of developments on this matter.
186. The information contained in paragraphs 14 to 21 of the report appears to indicate that the Convention on the Rights of the Child has not yet been established as the framework for the work of the Children's Committee and the Inter-ministerial Committee on Children. Thus, the Committee would like to suggest that the State party consider according such status to the Convention with regard to the work of these two Committees.
187. The Committee also wishes to suggest that national mechanisms established to coordinate, evaluate and follow up the policies and measures taken to implement the Convention on the Rights of the Child should work in close cooperation with local authorities and municipalities. In addition, the Committee wishes to encourage the Government of Denmark to consider strengthening its cooperation with non-governmental organizations involved in matters relating to the rights of the child.
188. In light of the provisions of articles 3 and 4 of the Convention, the Committee wishes to emphasize the importance of ensuring that resources are made available to the maximum extent possible for the implementation of the economic, social and cultural rights of children, especially for the most vulnerable groups of children. Monitoring mechanisms are essential in this area to ensure parity in all localities as regards the provision of services to children and the effects on children of any reductions in social expenditures, particularly during periods of economic recession. The Committee also suggests that the State party consider further strengthening international cooperation and assistance, particularly for the benefit of vulnerable groups such as disabled children and children needing special protection.
189. The Committee encourages the State party to consider the possibility of providing funding to the Children's Council to enable it to undertake independent studies on issues relating to children.
190. The Committee would like to suggest that various matters raised during the discussion might deserve further study, including the reasons for the relatively high number of suicides among young people in Denmark and the development and use of social and other indicators to monitor the implementation of all the rights provided for in the Convention.
191. The Committee would like to encourge the State party to develop an ongoing and systematic approach to making the principles and provisions of the Convention widely known to children and adults alike. In addition, the Committee recommends that the principles and purposes of the Convention be made widely known in the main languages of the minority, refugee and immigrant groups living in Denmark.
192. In connection with the State party's ongoing efforts to create a greater awareness of the Convention, the Committee would also like to suggest that education about the principles and provisions of the Convention be systematically incorporated into retraining programmes and training curricula for various professional groups working with and for children such as teachers, social workers, law enforcement personnel and judges.
193. The Committee would like to emphasize that the general principles of the Convention, namely its articles 2, 3, 6 and 12, should be clearly reflected in legislation and policies. The Committee recommends to the State party that it consider the possibility of reviewing its legislation to ensure that the provisions and principles of the Convention, particularly those relating to its articles 3, 12, 13 and 15, are incorporated into national laws and procedures. In this connection, the Committee would like to suggest that further consideration be given to establishing mechanisms to ensure that children may express their views and have them taken into account in decision-making processes affecting them, including at school and within the community.
194. With regard to the implementation of article 2 of the Convention, the Committee suggests that further measures be taken to prevent and combat discrimination against vulnerable groups of children, including refugee and immigrant children and children infected by the HIV virus or suffering from AIDS.
195. The Committee recommends that further steps should be taken to strengthen awareness of the equal responsibilities of parents in child-rearing, in particular in the light of article 18 of the Convention. It is also suggested that the situation of single parents be further studied and that relevant programmes be established to meet their particular needs.
196. The Committee encourages the Government to take steps to monitor more closely the situation of foreign children placed in adoptive families in Denmark. In addition, it recommends that the State party consider the possibility of ratifying the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
197. The Committee would also like to suggest that further measures be taken effectively to put an end to violence against children, including in the home.
198. In view of the recent adoption by the General Assembly of resolution 49/184 proclaiming the United Nations Decade for Human Rights Education, the Committee encourages the State party to consider using this opportunity to promote the incorporation of education about the Convention on the Rights of the Child in school curricula. The Committee would also like to suggest that measures to teach about children's and human rights could be used as a tool to advocate further the purposes of the European Youth Campaign, and the parallel Nordic campaign, to combat racism, xenophobia, anti-Semitism and intolerance. It is also the view of the Committee that it is equally important that the teaching methods used in schools should reflect the spirit and philosophy of the Convention and the aims of education laid down in its article 29.
199. With regard to the situation of refugee children and children seeking asylum, the Committee suggests that the State party consider reviewing its Alien Act as regards its compatibility with the provisions and principles of the Convention, including that contained in its article 10 which stipulates that applications for family reunification should be dealt with in a positive, humane and expeditious manner. Similarly, with regard to the provision of health and education services to children in asylum-seeking situations, the Committee wishes to draw attention to the provisions of article 2 of the Convention which state, inter alia, that "States parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction".
200. The Committee suggests that the State party consider reviewing its juvenile justice system in order to ensure that proceedings against persons under 18 years of age are fully compatible with the provisions of article 40 of the Convention.
201. The Committee recommends that the State party undertake further measures to implement the provisions of articles 32, 34 and 39 of the Convention relating to the prevention and protection of children from economic and sexual exploitation and their rehabilitation and recovery. Specifically, with regard to the issue of child labour, the Committee encourages the Government to consider the possibility of ratifying ILO Convention No. 138 concerning minimum age for employment.
202. Finally, the Committee appreciates the willingness of the Government of Denmark to publish the initial report of Denmark, the summary records of the meetings of the Committee in which the report was examined and the concluding observations of the Committee on the report, and recommends that these documents be disseminated as widely as possible in Denmark.
7. Concluding observations of the Committee on the Rights of the Child: United Kingdom of Great Britain and Northern Ireland
203. The Committee considered the initial report of the United Kingdom of Great Britain and Northern Ireland (CRC/C/11/Add.1) at its 204th, 205th and 206th meetings (CRC/C/SR.204-206), held on 24 and 25 January 1995, and adopted the following concluding observations:
A. Introduction
204. The Committee appreciates the opportunity to engage in a constructive dialogue with the State party and welcomes the timely submission by the Government of the written responses to the Committee's list of issues (see CRC/C.7/WP.1). The Committee welcomes the additional oral information provided by the delegation of the State party which greatly assisted in clarifying many of the issues raised by the Committee. The additional oral information was particularly useful, in view of the Committee's observation that the initial report of the State party lacked sufficient information on the factors and difficulties impeding the implementation of various rights provided for in the Convention.
B. Positive aspects
205. The Committee takes note of the adoption by the State party of a Children's Act applicable to England and Wales. The Committee also observes that the State party has extended the application of the Convention to many of its dependent territories. The Committee welcomes the intention of the State party to consider withdrawing the reservation it made to article 37 of the Convention as it relates to the procedures governing children's hearings in Scotland.
206. Moreover, the Committee welcomes the initiatives being taken by the State party to reduce the incidence of Sudden Infant Death Syndrome and to combat the problem of bullying in school. In addition, the Committee is encouraged by the steps taken to address the issue of the sexual abuse of children, including through the development of the "Working Together" initiative which advocates and promotes an interdisciplinary approach to addressing this serious problem.
207. The Committee welcomes the information it received concerning the commitment of the Government to review its legislation in the area of the employment of children and to present new legislation in matters relating to the family, domestic violence and disability. Likewise, the Committee welcomes the measures being taken to pass further legislation in the area of adoption, including the intention of the Government to ratify the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. The Committee takes note of the Code of Practice for Children with Special Educational Needs which has statutory force and has been developed within the framework of the 1993 Education Act.
208. The Committee takes note of the Government's commitment to extend the provision of pre-school education. The Committee is equally appreciative of the recent initiative taken by the State party to require local authorities, in conjunction with health authorities and non-governmental organizations, to draw up Children's Service Plans.
C. Principal subjects of concern
209. The Committee is concerned about the broad nature of the reservations made to the Convention by the State party which raise concern as to their compatibility with the object and purpose of the Convention. In particular, the reservation relating to the application of the Nationality and Immigration Act does not appear to be compatible with the principles and provisions of the Convention, including those of its articles 2, 3, 9 and 10.
210. The Committee remains unclear about the extent to which an effective coordinating mechanism exists for the implementation of the Convention on the Rights of the Child. It is concerned whether sufficient consideration has been given to the establishment of mechanisms, including of an independent nature, to coordinate and monitor the implementation of the rights of the child.
211. With respect to article 4 of the Convention, the Committee is concerned about the adequacy of measures taken to ensure the implementation of economic, social and cultural rights to the maximum extent of available resources. It appears to the Committee that insufficient expenditure is allocated to the social sector both within the State party and within the context of international development aid; the Committee wonders whether sufficient consideration has been given to the enjoyment of fundamental rights by children belonging to the most vulnerable groups in society.
212. The Committee notes that the initial report of the State party contains little information on the difficulties experienced by children living in Northern Ireland and the effect on children of the operation of emergency legislation there. The Committee is concerned about the absence of effective safeguards to prevent the ill-treatment of children under the emergency legislation. In this connection, the Committee observes that under the same legislation it is possible to hold children as young as 10 for seven days without charge. It is also noted that the emergency legislation which gives the police and the army the power to stop, question and search people on the street has led to complaints of children being badly treated. The Committee is concerned about this situation which may lead to a lack of confidence in the system of investigation and action on such complaints.
213. The Committee is concerned about the apparent insufficiency of measures taken to ensure the implementation of the general principles of the Convention, namely the provisions of its articles 2, 3, 6 and 12. In this connection, the Committee observes in particular that the principle of the best interests of the child appears not to be reflected in legislation in such areas as health, education and social security which have a bearing on the respect for the rights of the child.
214. With regard to article 2 of the Convention relating to non-discrimination, the Committee expresses its concern at the insufficient measures undertaken to ensure its implementation. In particular, it is concerned about the possible adverse effects on children of the restrictions applied to unmarried fathers in transmitting citizenship to their children, in contradiction of the provisions of articles 7 and 8 of the Convention. In addition, the Committee is concerned that children of certain ethnic minorities appear to be more likely to be placed in care.
215. Furthermore, in the light of article 6 of the Convention, the Committee expresses its concern at the health status of children of different socio-economic groups and those belonging to ethnic minorities.
216. In relation to the implementation of article 12, the Committee is concerned that insufficient attention has been given to the right of the child to express his/her opinion, including in cases where parents in England and Wales have the possibility of withdrawing their children from parts of the sex education programmes in schools. In this as in other decisions, including exclusion from school, the child is not systematically invited to express his/her opinion and those opinions may not be given due weight, as required under article 12 of the Convention.
217. The Committee notes with concern the increasing number of children living in poverty. The Committee is aware that the phenomenon of children begging and sleeping on the streets has become more visible. The Committee is concerned that the changed regulations regarding benefit entitlements to young people may have contributed to the increase in the number of young homeless people. The rate of divorce and the number of single-parent families and teenage pregnancies in the State party are noted with concern. These phenomena raise a number of issues, including as regards the adequacy of benefit allowances and the availability and effectiveness of family education.
218. The Committee is disturbed about the reports it has received on the physical and sexual abuse of children. In this connection, the Committee is worried about the national legal provisions dealing with reasonable chastisement within the family. The imprecise nature of the expression of reasonable chastisement as contained in these legal provisions may pave the way for it to be interpreted in a subjective and arbitrary manner. Thus, the Committee is concerned that legislative and other measures relating to the physical integrity of children do not appear to be compatible with the provisions and principles of the Convention, including those of its articles 3, 19 and 37. The Committee is equally concerned that privately funded and managed schools are still permitted to administer corporal punishment to children in attendance there which does not appear to be compatible with the provisions of the Convention, including those of its article 28, paragraph 2.
219. The administration of the juvenile justice system in the State party is a matter of general concern to the Committee. The low age of criminal responsibility and the national legislation relating to the administration of juvenile justice seem not to be compatible with the provisions of the Convention, namely articles 37 and 40.
220. The Committee remains concerned about certain of the provisions of the Criminal Justice and Public Order Act 1994. The Committee notes that its provisions provide, inter alia, for the possibility of applying "secure training orders" on children aged 12 to 14 in England and Wales. The Committee is concerned about the compatibility of the application of such secure training orders on young children with the principles and provisions of the Convention in relation to the administration of juvenile justice, particularly its articles 3, 37, 39 and 40. In particular, the Committee is concerned that the ethos of the guidelines for the administration and establishment of Secure Training Centres in England and Wales and the Training Schools in Norther Ireland appears to lay emphasis on imprisonment and punishment.
221. The Committee is equally concerned that children placed in care under the social welfare system may be held in Training schools in Northern Ireland and may be place in the future in Secure Training Centres in England and Wales.
222. The Committee is also concerned that The Criminal Evidence (N.I.) Order 1988 appears to be incompatible with article 40 of the Convention, in particular with the right to presumption of innocence and the right not to be compelled to give testimony or confess guilt. It is noted that silence in response to police questioning can be used to support a finding of guilt against a child over 10 years of age in Northern Ireland. Silence at trial can be similarly used against children over 14 years of age.
223. The situation of Gypsy and Traveller children is a matter of concern to the Committee, especially with regard to their access to basic services and the provision of caravan sites.
D. Suggestions and recommendations
224. The Committee wishes to encourage the State party to consider reviewing its reservations to the Convention with a view to withdrawing them, particularly in light of the agreements made in this regard at the World Conference on Human Rights and incorporated in the Vienna Declaration and Programme of Action.
225. The Committee would like to suggest that the State party consider establishing a national mechanism for the purpose of coordinating the implementation of the Convention, including between governmental departments and between central and local governmental authorities. Furthermore, the Committee suggests that the State party establish a permanent mechanism for the monitoring of the Children's Act and the Convention on the Rights of the Child throughout the United Kingdom. It is further suggested that ways and means be established to facilitate regular and closer cooperation between the Government and the non-governmental community, particularly with those non-governmental organizations closely involved in monitoring the respect for the rights of the child in the State party.
226. With regard to the implementation of article 4 of the Convention, the Committee would like to suggest that the general principles of the Convention, particularly the provisions of its article 3, relating to the best interests of the child, should guide the determination of policy-making at both the central and local levels of government. This approach is of relevance to decisions taken about the allocation of resources to the social sector at the central and local governmental levels, including with regard to that allocation of benefits to children who have completed compulsory schooling and have no full-time employment. The Committee notes the importance of additional efforts to overcome the problems of growing social and economic inequality and increased poverty.
227. With regard to matters relating to the health, welfare and standard of living of children in the United Kingdom, the Committee recommends additional measures to address, as a matter of priority, problems affecting the health status of children of different socio-economic groups and of children belonging to ethnic minorities and to the problems of homelessness affecting children and their families.
228. The Committee recommends that in line with the provisions of article 42 of the Convention, the State party should undertake measures to make the provisions and principles of the Convention widely known to adults and children alike. It is also suggested that teaching about children's rights should be incorporated into the training curricula of professionals working with or for children, such as teachers, the police, judges, social workers, health workers and personnel in care and detention institutions.
229. The Committee would like to suggest that greater priority be given to incorporating the general principles of the Convention, especially the provisions of its article 3, relating to the best interests of the child, and article 12, concerning the child's right to make their views known and to have these views given due weight, in the legislative and administrative measures and in policies undertaken to implement the rights of the child. It is suggested that the State party consider the possibility of establishing further mechanisms to facilitate the participation of children in decisions affecting them, including within the family and the community.
230. The Committee recommends that race relations legislation be introduced in Northern Ireland as a matter of urgency and is encouraged by the information presented by the delegation of the State party regarding the Government's intention to follow up on this matter.
231. The Committee would also like to suggest that a review be undertaken of the nationality and immigration laws and procedures to ensure their conformity with the principles and provisions of the Convention.
232. The Committee recommends that further measures be undertaken to educate parents about their responsibilities towards their children, including through the provision of family education which should emphasize the equal responsibilities of both parents. While recognizing that the Government views the problem of teenage pregnancies as a serious one, the Committee suggests that additional efforts, in the form of prevention-oriented programmes which could be part of an educational campaign, are required to reduce the number of teenage pregnancies.
233. The Committee is also of the opinion that additional efforts are required to overcome the problem of violence in society. The Committee recommends that physical punishment of children in families be prohibited in the light of the provisions set out in articles 3 and 19 of the Convention. In connection with the child's right to physical integrity, as recognized by the Convention, namely in its articles 19, 28, 29 and 37, and in the light of the best interests of the child, the Committee suggests that the State party consider the possibility of undertaking additional education campaigns. Such measures would help to change societal attitudes towards the use of physical punishment in the family and foster acceptance of the legal prohibition of the physical punishment of children.
234. With regard to matters relating to education, the Committee suggests that children's right to appeal against expulsion from school be effectively ensured. It is also suggested that procedures be introduced to ensure that children are provided with the opportunity to express their views on the running of the schools in matters of concern to them. Further, the Committee recommends that the training curricula of teachers should incorporate education about the Convention on the Rights of the Child. It is recommended that teaching methods should be inspired by and reflect the spirit and philosophy of the Convention, in the light of the general principles of the Convention and the provisions of its article 29. The Committee would also like to suggest that the State party consider the possibility of introducing education about the Convention on the Rights of the Child into school curricula. Legislative measures are recommended to prohibit the use of corporal punishment in privately funded and managed schools.
235. The Committee also suggests that the State party provide further support to the teaching of the Irish language in schools in Northern Ireland and to integrated education schooling.
236. The Committee recommends that the emergency and other legislation, including in relation to the system of administration of juvenile justice, at present in operation in Northern Ireland should be reviewed to ensure its consistency with the principles and provisions of the Convention.
237. The Committee recommends that law reform be pursued in order to ensure that the system of the administration of juvenile justice is child-oriented. The Committee also wishes to recommend that the State party take the necessary measures to prevent juvenile delinquency as set down in the Convention and complemented by the Riyadh Guidelines.
238. More specifically, the Committee recommends that serious consideration be given to raising the age of criminal responsibility throughout the areas of the United Kingdom. The Committee also recommends the introduction of careful monitoring of the new Criminal Justice and Public Order Act 1994 with a view to ensuring full respect for the Convention on the Rights of the Child. In particular, the provisions of the Act which allow for, inter alia, placement of secure training orders on children aged between 12 and 14, indeterminate detention, and the doubling of sentences which may be imposed on 15- to 17-year-old children should be reviewed with respect to their compatibility with the principles and provisions of the Conventions.
239. Within the context of the law reform being considered with regard to matters relating to the employment of children, the Committee expresses the hope that the State party will consider reviewing its reservation with a view to its withdrawal. Similarly, the Committee expresses the hope that the Government may consider the possibility of becoming a party to ILO Convention No. 138.
240. The issues of sexual exploitation and drug abuse as they affect children should also be addressed on an urgent basis, including with regard to the undertaking of further measures to prevent them.
241. The Committee is of the view that the implementation of the provisions of article 39 of the Convention deserves greater attention. Programmes and strategies should be developed to ensure that measures are in place to promote the physical and psychological recovery and social reintegration of a child victim of, inter alia, neglect, sexual exploitation, abuse, family conflict, violence, drug abuse, as well as of children in the system of administration of justice. Such measures should be applied within the national context but also within the framework of international cooperation.
242. In addition, the Committee recommends proactive measures for the rights of children belonging to Gypsy and Traveller communities, including their right to education, and that a sufficient number of adequately appointed caravan sites for these communities be secured.
243. The Committee also recommends that information on the implementation of the Convention in the dependent territory of Hong Kong be submitted to the Committee by 1996.
244. The Committee encourages the State party to disseminate widely the State party report, summary records of the discussion of the report within the Committee and the concluding observations adopted by the Committee following its consideration of the report. The Committee would like to suggest that these documents be brought to the attention of Parliament and that the suggestions and recommendations for action contained therein be followed up. In this regard, the Committee suggests that closer cooperation with non-governmental organizations be pursued.
IV. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE
A. Review of developments relevant
to the work of the Committee
1. Meetings relevant to the work of the Committee
245. Recognizing the importance of exchanging views on areas of relevance to the activities of the Committee, members of the Committee shared information about important meetings held since the previous session and having a particular interest for the promotion and protection of the rights of the child.
246. Reference was made to meetings organized in the framework of the preparations for the Fourth World Conference on Women, both of a governmental and a non-governmental nature, and in particular to the Regional Conferences. In the light of the information provided by Mrs. Badran and Mrs. Belembaogo, special attention was paid to the way the situation and fundamental rights of the girl had been addressed and to the need clearly to incorporate this area in the final text of the Platform for Action of the Beijing Conference.
247. Mrs. Eufemio had represented the Committee at the Special Commission of the Hague Conference on Private International Law on the application of the Convention of 1993 on Protection of Children and Co-operation in respect of Intercountry Adoption to refugee children and other internationally displaced children, held at The Hague from 17 to 21 October 1994. Mrs Eufemio submitted a written report to the Committee (annex IV) and indicated that she had emphasized, during the drafting process, the importance of the general principles of the Convention on the Rights of the Child, and in particular the best interests of the child and the respect for the views of the child. She further stressed the importance of maintaining close cooperation with the Hague Conference on Private International Law on matters relevant to the Committee.
248. Attention was also drawn to the European Conference on the Monitoring of Children's Rights, held in December 1994 in Belgium and organized by the Centre on the Rights of the Child of the University of Ghent. Both the Chairperson and the Rapporteur, who had attended the meeting, provided information about the important issues addressed, including the discussion on the role of the Committee on the Rights of the Child and on the self-executing nature of the Convention on the Rights of the Child.
249. In the field of juvenile justice, the Committee had been invited to be represented at two important events - the United Nations expert group meeting on children and juveniles in detention: application of human rights standards, held at Vienna (30 October-4 November 1994), and the Asian Regional Consultation on Juvenile Justice, organized at Bangkok in cooperation with UNICEF and ASIANET.
250. Mrs. Santos Pais, who had represented the Committee at the Vienna Meeting, recalled the decisions taken earlier by the Committee to participate in such meetings (see A/49/41), as well as the crucial importance of the meeting for the preparation of the future general discussion on juvenile justice to be held by the Committee in October 1995 (CRC/C/34, para. 20). In that regard, she made particular reference to the recommendations adopted by the expert meeting which would be submitted to both the Commission on Human Rights and the Commission on Crime Prevention and Criminal Justice and which would constitute a point of departure for the Committee's thematic discussion.
251. Those recommendations (see E/CN.4/1995/100) had emphasized the need to consider the field of juvenile justice as a clear priority within United Nations system-wide action, as well as to ensure close cooperation between all bodies involved in the field of juvenile justice (Committee on the Rights of the Child, Centre for Human Rights, Crime Prevention and Criminal Justice Branch and UNICEF). Such cooperation should address in particular the areas of research, awareness and training, implementation and monitoring of existing standards and programmes of technical assistance, and should allow for periodic exchanges of information. The recommendations further stressed that technical assistance programmes should take into due consideration the suggestions and recommendations made by relevant bodies of the United Nations, including the Committee on the Rights of the Child, in the process of considering State party reports.
252. Ms. Mason had represented the Committee at the Asian Regional Consultation on Juvenile Justice. She emphasized the importance of such meetings in creating awareness of the principles and provisions of the Convention, as well as of the monitoring activities of the Committee on the Rights of the Child. The wide participation of representatives of various countries of the region had paved the way for an informative discussion on the process of preparing and examining State party reports, in the light of the Convention on the Rights of the Child. In the case of States which had already held a dialogue with the Committee, there had been a special interest in assessing the follow-up given to the recommendations formulated and their importance for the national process of implementation.
253. The Committee also considered the developments which had occurred in the two working groups of the Commission on Human Rights dealing with children's rights issues. It took note of the drafting process in the working group on a draft optional protocol on the involvement of children in armed conflicts, whose work was based on a preliminary draft prepared by the Committee, following a specific request by the World Conference on Human Rights in that regard (see A/49/41, in particular paras 554-559). It also took note of the discussions held in the working group on guidelines for a possible optional protocol on the sale of children, child prostitution and child pornography.
254. The Committee regretted that it had not been possible to be represented at either of the working groups. It further regretted that the comments it had provided to both working groups had not been fully incorporated in the working documents, thus preventing a comprehensive understanding of the positions undertaken by the Committee. The Committee decided to continue to follow closely the developments of the two working groups, including through the submission of additional written comments. It further decided to request the Secretariat to consider adopting the necessary steps to allow the Committee to be represented in future meetings of the two working groups.
2. Education on children's rights
255. The Committee recalled the importance it attached to the area of education on human rights in general, and on children's rights in particular, as reflected in its second report to the General Assembly (A/49/41, paras. 425-445). In this framework, it welcomed the launching by the General Assembly of the United Nations Decade for Human Rights Education (resolution 49/184). It was timely that the decade should start in the International Year of Tolerance, a year during which the United Nations would celebrate its fiftieth anniversary.
256. The Committee took note of the comprehensive approach followed by the Plan of Action of the Decade, which defined human rights education as a life-long process based on training, dissemination and information efforts designed to build a universal culture of human rights. It was particularly encouraged by the recognition of the essential role of the treaty bodies in formulating appropriate recommendations to States in this regard. It further stressed the importance given to cooperation between relevant United Nations bodies with a view to better mobilizing existing capacities for human rights education, under the coordination of the High Commissioner for Human Rights.
257. All these steps clearly demonstrate that it was important for the Committee to pursue its efforts in encouraging States parties to give consideration to the inclusion of the Convention on the Rights of the Child in the school and training curricula, as well as in the framework of non-formal education.
3. Reservations
258. The Committee decided to continue to address the question of reservations made by States parties to the Convention on the Rights of the Child. In this regard, it recalled its previous exchange of views in this area of essential importance for the implementation of the Convention (see General Assembly A/49/41, paras. 525-534), and emphasized the systematic attention it had paid to it in the process of examining State party reports. In its concluding observations the Committee had clearly reflected its concern at reservations of a broad and vague nature, or otherwise contrary to international law, namely in the light of article 51 of the Convention.
259. For this reason, it was with particular interest that the Committee took note of the important General Comment recently adopted by the Human Rights Committee (General Comment 24 (52)). The Committee noted, in this regard, the position expressed by that treaty body according to which "a reservation that rejects the Committee's competence to interpret the requirements of any provision of the Covenant would also be contrary to the object and purpose of that treaty" (para. 11). Thus, "reservations must be specific and transparent, so that the Committee, those under the jurisdiction of the reserving State and other States parties may be clear as to what obligations of human rights compliance have or have not been undertaken. Reservations may thus not be general. ... (para. 19)".
4. Cooperation with other competent bodies - the fundamental role of non-governmental organizations
260. In the light of article 45 of the Convention, the Committee has constantly emphasized the relevance of the role of non-governmental organizations in enhancing the promotion and protection of the rights of the child. For this reason, the rules of procedure adopted by the Committee at its first session stressed different models of cooperation with NGOs (see, e.g. rules 34, 70 and 74). The reports of the Committee also reflect the importance of cooperating with non-governmental organizations (see A/49/41, e.g. paras. 476-479), including to increase public awareness of the Convention, to develop education and research, as well as to ensure follow-up to the decisions and recommendations of the Committee.
261. The cooperation of non-governmental organizations with the Committee has proved to be essential to disseminating information on the principles and provisions of the Convention, and to ensuring an in-depth consideration of topics in the area of children's rights, namely at the thematic discussions held by the Committee. Furthermore, it has contributed to strengthening the capacity to use the reporting process at the national level as an occasion to mobilize attention on the situation and rights of children, while ensuring a serious assessment of progress and difficulties encountered.
262. Non-governmental organizations may therefore provide expert advice to the Committee, and they may submit reports, documentation or other information, both in writing and orally. Their cooperation has proved to be essential during the pre-sessional working group of the Committee. For that reason, the Committee decided that non-governmental organizations would be invited to the meetings of the working group with a view to providing it with expert advice.
263. The Committee will address its invitations in the light of objective criteria, i.e primarily based on written information previously submitted by non-governmental organizations. The Committee welcomes the possibility of inviting, as appropriate, international, regional, national or local organizations. The organizations will be invited for the time needed to obtain the expert advice. Such organizations will be expected to provide factual information on specific aspects of each State party report under consideration, in the light of the guidelines for reporting adopted by the Committee, including on the level of their involvement in the process of the preparation of the report, as well as on the implementation of the Convention.
264. The Committee recognized that for the non-governmental groups to be organized, including through national or regional coalitions, and to be in a position to provide expert advice, it would be essential to ensure that they have effective access to the Committee's agenda and to the time-limit established for the submission of written information. State party reports will be made available to NGOs upon request.
265. The Committee welcomed once again the meaningful establishment, following the adoption of the Convention, of the NGO Group for the Convention on the Rights of the Child. It further welcomed the crucial role played in that framework by the Coordinator of the Group. Through such a mechanism, the comprehensive national approach followed by the Committee, and encouraged by the World Conference on Human Rights, would certainly enhance the system of promotion and protection of children's rights.
5. Cooperation with United Nations bodies and specialized agencies
266. At its seventh session, the Committee decided to hold a meeting in January 1995 with United Nations bodies and specialized agencies to evaluate progress in the area of international cooperation, as well as to consider ways to strengthen dialogue and interaction and enhance the system of implementation of the Convention, namely in the light of its article 45. The meeting was a follow-up to the previous one held last year at ILO headquarters, and provided an opportunity to emphasize the interest continuously expressed by the Committee on this fundamental area (see A/49/41, paras. 453-475). Representatives from UNICEF, UNHCR, ILO and WHO participated in the discussion.
267. It was once again recalled that the final document of the World Conference on Human Rights had stressed that international cooperation and solidarity should be promoted to support the implementation of the Convention, and that the rights of the child should be a priority in United Nations system-wide action on human rights. The World Conference had also recommended that matters relating to human rights and the situation of children should be regularly reviewed and monitored by all relevant United Nations organs and mechanisms and by the supervisory bodies of the specialized agencies in accordance with their mandates.
268. It was recognized that the spirit of cooperation and partnership built around the Convention had been reinforced, both in the framework of the reporting system and of the thematic discussions organized by Committee which provided an opportunity to mutually support the action developed by the Committee and each of the United Nations bodies for the promotion and protection of the rights of the child. The Convention was in fact recognized as being complementary to the work and to the standards of the United Nations bodies and agencies, allowing them to act in a human rights framework.
269. In this context, mention was made of the publication by UNHCR of Guidelines on Refugee Children, which had been entirely shaped in the light of the philosophy of the Convention. Reference was also made to General Assembly resolution 49/211 on the implementation of the Convention on the Rights of the Child, in which the Assembly requested the Committee to invite UNICEF to submit reports on specific issues related to, inter alia, the exploitation and abuse of children, in order to increase awareness of the Convention and to support concrete action at national and international levels.
270. It was recalled that the success of the reporting process was essentially assessed by its capacity to improve the situation at the country level, encourage progress and strengthen the national capacity to assess problems and shape adequate strategies to solve them. United Nations bodies and agencies played an important role in this regard.
271. Before the discussion of the State party report, by providing the Committee with an in-depth technical assessment of the situation, identifying achievements and difficulties, evaluating technical assistance programmes already in place and suggesting measures for improvement, United Nations bodies and agencies allow an objective and well-informed diagnosis of the situation to be made by the Committee. In this regard, the suggestion was made that representatives of the country or regional office of the bodies concerned should participate in the meetings of the pre-sessional working group.
272. The adoption of concluding observations following the consideration of the State party report was felt to be extremely useful as it allowed for a reassessment of the country programmes, technical assistance projects and even advocacy campaigns. When the concluding observations address a specific problem that falls within the competence of a particular body, the approach of that body is given legitimacy and is reinforced. This is also the case when the Committee encourages a State party to consider ratifying a particular convention adopted within the framework of a United Nations organ or a specialized agency.
273. It was suggested that a focal point on the Convention on the Rights of the Child be designated within each United Nations body or specialized agency. It was felt that such a measure would strengthen cooperation and solidarity and would enhance the existing coordination. It was recalled in this regard that at its first session the Committee had suggested that a technical advisory group should be established.
274. In view of the importance of and interest in the measures suggested during the discussion, the Committee decided to hold a follow-up meeting at its next session. It therefore requested the Secretariat to prepare a document reflecting the main issues raised and proposals made, to be used as a basis for discussions during the future meeting.
B. General discussion on the girl child
275. At its previous session, the Committee had decided to organize a general discussion on the girl child on 23 January 1995. The decision was intended to allow the Committee to contribute to the Fourth World Conference on Women: Action for Equality, Development and Peace, to be held in September 1995 in Beijing, as well as to allow the conclusions of its thematic discussion to be reflected in the Platform for Action to be adopted by the Conference. It was also an opportunity for the Committee to create a wider awareness of the situation and human rights of girls, a situation which had deservedly received special attention, both in examining State party reports and in the context of previous thematic discussions. This had particularly been the case during the general discussion on economic exploitation of children (CRC/C/20) and the discussion held during the International Year of the Family (CRC/C/34).
276. The Chairperson had prepared an outline identifying areas to be addressed during the thematic day, emphasizing the principle of non-discrimination and the need for the girl child to enjoy all her fundamental rights, including the right to make free and informed choices concerning her life. The outline had been sent to relevant United Nations bodies, specialized agencies, non-governmental organizations and other competent bodies with an invitation to participate in the general discussion and to submit written contributions in advance, to be used as background material for the discussion.
277. Representatives of the following organizations and bodies participated in the general discussion: UNICEF, UNHCR, UNFPA, ILO, FAO, UNESCO, WHO, Associated Country Women of the World, Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, International Abolitionist Federation, NGO Committee on UNICEF and Radda Barnen International.
278. During the discussion, it was stressed that in view of the fact that the Convention on the Rights of the Child was the most widely ratified international instrument in the field of human rights, with 168 States parties as at January 1995, it was undoubtedly also the most widely accepted framework for action in favour of the fundamental rights of girls. There was an undeniable commitment on the part of the international community to use the provisions of Convention as an agenda for action to identify persisting forms of inequality and discrimination against the girl child, to abolish practices and traditions detrimental to the enjoyment of their rights and to define a real forward-looking strategy to promote and protect those rights. This explained the essential importance of reflecting the Convention in the Platform for Action to be adopted by the Conference in Beijing.
279. The Committee had a crucial role to play when monitoring progress made by States parties in the realization of the rights recognized by the Convention, when promoting respect for and protection of those rights, and when combating all forms of discrimination, including on the basis of gender. The Committee should be clearly identified as one of the fundamental international institutions designated to implement the Platform for Action to be adopted by the Beijing Conference.
280. The activities developed by the Committee coincided with increasing awareness and action in favour of women's and children's rights at the international, regional and national levels. The importance of this movement was highlighted by the organization of the Conference in 1995, the year of the fiftieth anniversary of the United Nations. Thus, women and girls were undeniably in the front line of the priorities of the Organization.
281. Such an assessment was confirmed by the final document of the World Conference on Human Rights, which recognized that the human rights of women and of the girl child were an inalienable, integral and indivisible part of universal human rights; that they should form an integral part of the United Nations human rights activities and be regularly and systematically addressed. Furthermore, the eradication of all forms of discrimination on the grounds of sex were priority objectives of the international community.
282. Yet, despite being recognized as a priority, the place in society of girls, and women in general, raised serious and unresolved questions of inequality and indifference, manifested by discrimination, neglect, exploitation and violence. It was important to recognize the complementary and mutually reinforcing nature of the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.
283. Addressing the questions of inequality and discrimination on the basis of gender did not imply that they had to be seen in a complete isolation, as if girls were a special group entitled to special rights. In fact, girls are simply human beings who should be seen as individuals and not just as daughters, sisters, wives or mothers, and who should fully enjoy the fundamental rights inherent to their human dignity. The rights of the girl should in no way be ignored or neglected, but rather promoted and protected.
284. Within the larger movement for the realization of women's rights, history had clearly shown that it was essential to focus on the girl child in order to break down the cycle of harmful traditions and prejudices against women. Only through a comprehensive strategy to promote and protect the rights of girls, starting with the younger generation, would it be possible to build a shared and lasting approach and a wide movement of advocacy and awareness aimed at promoting the self-esteem of women and allowing for the acquisition of skills which will prepare them to participate actively in decisions and activities affecting them. Such an approach must be based on the recognition of human rights as a universal and unquestionable reality, free from gender bias.
285. There was a need to ensure that a woman's life cycle would not become a vicious cycle, where the evolution from childhood to adulthood would be blighted by fatalism and a sense of inferiority. Only through the active involvement of girls, who are at the root of the life cycle, would it be possible to initiate a movement for change and betterment. In fact, if the Platform for Action was to be an agenda for change and advancement of women, it could only be meaningful if it placed the human rights of girls at its core.
286. Mention was made of the State party reports submitted to the Committee and to the full picture they provided of the situation of girls around the world. Several States had identified persistent traditions and prejudices as a main difficulty affecting the enjoyment of girls' fundamental rights. Discrimination often arose from the way roles were traditionally distributed within the family. Girls often shared the responsibilities of the household, taking care of younger siblings and refused access to education and participation in social life. The son preference, historically rooted in the patriarchal system, often manifested itself by neglect, less food and little health care. Such a situation of inferiority often favoured violence and sexual abuse within the family, as well as problems associated with early pregnancy and marriage. In some cases it had led to such traditional practices as female circumcision and forced marriage.
287. Reports had also indicated that the situation of the girl was of particular concern in rural or remote areas under the strong influence of community and religious leaders and aggravated by the persistence of harmful traditions and beliefs.
288. While seriously concerned at the persistence and extent of gender discrimination, the Committee was encouraged by the fact that States parties often had sought the advice of the Committee and, through it, the assistance of the international community to address discrimination, neglect and abuse. The Committee therefore had had the opportunity to recommend, in its concluding observations, that a comprehensive strategy be formulated and effectively implemented to create awareness and understanding of the principles and provisions of the Convention; launch educational programmes to eradicate all forms of discrimination against the girl child; and encourage the participation of all segments of society, including non-governmental organizations. In this connection, the Committee had further suggested that customary, religious and community leaders may be systematically involved in the steps undertaken to overcome the negative influences of traditions and customs.
289. Education was of essential importance. It allows for the harmonious and informed development of children, and gives them the necessary confidence and skills to make free choices in their lives and to act in a context of gender partnership - both at the professional and at the family level. However, the level of illiteracy among girls is still extremely high and it has become urgent to ensure their effective access to the educational and vocational system, to enhance their rate of school attendance and reduce the drop-out rate.
290. Attention was also paid to the need to eliminate stereotypes in educational materials and train all those involved with the educational system in the Convention and the fundamental rights of children. It was pointed out that the recent launching by the General Assembly of the United Nations Decade on Human Rights Education provided a timely opportunity to use the Convention as a meaningful educational tool to enhance the promotion and protection of the rights of girls and to eradicate gender discrimination. Its incorporation in the school and training curricula should also be considered as an important step to ensure the implementation of the Platform for Action.
291. Reference was also made to the importance of eradicating degrading and exploitative images of girls and women in the media and advertising. The values and models of behaviour that were portrayed contributed to the perpetuation of inequality and inferiority.
292. The interventions made during the day, along with the experience gained by the Committee through its examination of State party reports, showed that discrimination against girls was often also reflected in the legislative solutions adopted by States. Although the eradication of prevailing mental and social attitudes will mainly be achieved through advocacy, information and education, legislation will play a decisive role. In fact, legislative measures send a formal message that traditions and customs contrary to the rights of the child will no longer be accepted, create a meaningful deterrent and clearly contribute to changing attitudes.
293. The Committee had often recommended, in the light of article 2 of the Convention, that national legislation of States parties should clearly recognize the principle of equality before the law and forbid gender discrimination, while providing for effective protection and remedies in case of non-respect. There was also a need to reflect in the legislation the prohibition of harmful traditional practices, such as genital mutilation and forced marriage, and any other form of violence against girls, including sexual abuse.
294. The Committee had also identified certain areas where law reform should be undertaken, in both the civil and penal spheres, such as the minimum age for marriage and the linking of the age of criminal responsibility to the attainment of puberty. In several States the minimum age for marriage was different for girls and boys. To explain this, States had often argued that girls attain physical maturity earlier. However, maturity cannot be identified simply as physical development; social and mental development also had to be taken into account. Moreover, on the basis of such criteria, girls are considered as adults before the law upon marriage, thereby being deprived of the comprehensive protection of the Convention. It was noted that the final document of the Cairo Conference on Population and Development (A/CONF.171/13) has recently encouraged Governments to raise the minimum age at marriage, and the Special Rapporteur on violence against women in her preliminary report to the Commission on Human Rights recognized that the age of marriage is a factor contributing to the violation of women's rights (E/CN.4/1995/42).
295. In the criminal area, some legislation retained the linkage between the age of criminal responsibility and the attainment of puberty. Once again based on a subjective criterion that addresses only the physical aspect of the development of the child, this approach allows boys and girls to be treated differently, often applying to the latter criminal punishments applicable to adults.
296. The situation of specific vulnerable groups of children was also addressed. The situation of girls affected by armed conflicts and that of refugee girls were given particular attention. In view of the prevailing circumstances of emergency surrounding them, such girls do not really have any time to enjoy their childhood, and the traditional inferiority affecting girls' lives is seriously aggravated. Sexual violence and abuse and economic exploitation often occur, education is not perceived as a priority when urgent basic needs must be met, forced and early marriage is seen as a protective measure. And although dramatically affected by emergency situations, girls often cannot voice their fear and insecurity or share their hopes and feelings.
297. Concern was also expressed about the situation of working girls. Girls below the age of 15 often do the same household work as adult women; such labour is not regarded as "real work" and is therefore never reflected in the statistical data. To free girls from this cycle they must have the equal chances and equal treatment, with special emphasis on education.
298. As in previous thematic discussions, there was recognition of the urgent importance of gathering information and gender-disaggregated data, in a comprehensive and integrated manner, at the international, regional, national and local levels, with a view to assessing the prevailing reality affecting girls, identifying persisting problems and challenging the prevalence of invisibility, which in turn allows for the perpetuation of vulnerability. Only through a serious analysis of the root causes of gender gaps would it be possible to develop appropriate strategies and programmes to eliminate gender disparity and empower girls and women. International organizations should devote greater efforts to defining a comprehensive and integrated strategy to monitor the situation of girls in accordance with their mandates.
299. At the end of the thematic discussion, the Committee stressed the importance of wide participation by United Nations and non-governmental bodies, which had contributed to the richness of the debate. It presented a set of conclusions which reflected the main areas addressed during the day (annex V). The Committee adopted a recommendation on this subject (see chap. I) which it decided to transmit, along with the contents of the general discussion, to the secretariat of the Fourth World Conference on Women, in particular with a view to ensuring that particular emphasis is given to the following:
(a) The Platform for Action should reflect, throughout its different chapters, the situation and fundamental rights of the girl child, in particular in the areas specifically addressed during the general discussion of the Committee;
(b) The Convention on the Rights of the Child, together with the Convention on the Elimination of All Forms of Discrimination against Women, should constitute an essential framework for a forward-looking strategy to promote and protect the fundamental rights of girls and women and eradicate inequality and discrimination;
(c) The Committee on the Rights of the Child in view of its crucial role in monitoring the rights of girls, should be clearly considered as an essential mechanism within the framework of the international machinery that will be entrusted with the task of monitoring and periodically reviewing the implementation of the Platform for Action.
V. DRAFT PROVISIONAL AGENDA FOR THE NINTH SESSION
300. The following is the draft provisional agenda for the ninth session of the Committee:
1. Opening of the session by the representative of the Secretary-General
2. Solemn declaration by the newly elected members of the Committee
3. Election of the officers of the Committee
4. Adoption of the agenda
5. Organizational and other matters
6. Submission of reports by States parties in accordance with article 44 of the Convention
7. Consideration of reports of States parties
8. Cooperation with other United Nations bodies, specialized agencies and other competent bodies
9. Methods of work of the Committee
10. Future meetings
11. Other matters
VI. ADOPTION OF THE REPORT
301. At its 209th meeting, held on 27 January 1995, the Committee considered the draft report on its eighth session. The report was adopted unanimously by the Committee.
Annex I
STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON THE
RIGHTS OF THE CHILD AS AT 27 JANUARY 1995 (168)
States Date of signature Date of receipt of Date of entry
instrument of into force
ratification/
accession a/
Afghanistan 27 September 1990 28 March 1994 27 April 1994
Albania 26 January 1990 27 February 1992 28 March 1992
Algeria 26 January 1990 16 April 1993 16 May 1993
Angola 14 February 1990 5 December 1990 4 January 1991
Antigua and
Barbuda 12 March 1991 5 October 1993 4 November 1993
Argentina 29 June 1990 4 December 1990 3 January 1991
Armenia 23 June 1993 a/ 22 July 1993
Australia 22 August 1990 17 December 1990 16 January 1991
Austria 26 January 1990 6 August 1992 5 September 1992
Azerbaijan 13 August 1992 a/ 12 September 1992
Bahamas 30 October 1990 20 February 1991 22 March 1991
Bahrain 13 February 1992 a/ 14 March 1992
Bangladesh 26 January 1990 3 August 1990 2 September 1990
Barbados 19 April 1990 9 October 1990 8 November 1990
Belarus 26 January 1990 1 October 1990 31 October 1990
Belgium 26 January 1990 16 December 1991 15 January 1992
Belize 2 March 1990 2 May 1990 2 September 1990
Benin 25 April 1990 3 August 1990 2 September 1990
Bhutan 4 June 1990 1 August 1990 2 September 1990
Bolivia 8 March 1990 26 June 1990 2 September 1990
Bosnia and
Brazil 26 January 1990 24 September 1990 24 October 1990
Bulgaria 31 May 1990 3 June 1991 3 July 1991
Burkina Faso 26 January 1990 31 August 1990 30 September 1990
Burundi 8 May 1990 19 October 1990 18 November 1990
Cambodia 22 September 1992 15 October 1992 14 November 1992
Cameroon 25 September 1990 11 January 1993 10 February 1993
Canada 28 May 1990 13 December 1991 12 January 1992
Cape Verde 4 June 1992 a/ 4 July 1992
Central African
Republic 30 July 1990 23 April 1992 23 May 1992
States Date of signature Date of receipt of Date of entry
instrument of into force
ratification/
accession a/
Chad 30 September 1990 2 October 1990 1 November 1990
Chile 26 January 1990 13 August 1990 12 September 1990
China 29 August 1990 2 March 1992 1 April 1992
Colombia 26 January 1990 28 January 1991 27 February 1991
Comoros 30 September 1990 22 June 1993 21 July 1993
Congo 14 October 1993 a/ 13 November 1993
Costa Rica 26 January 1990 21 August 1990 20 September 1990
Côte d'Ivoire 26 January 1990 4 February 1991 6 March 1991
Croatia* 8 October 1991
Cuba 26 January 1990 21 August 1991 20 September 1991
Cyprus 5 October 1990 7 February 1991 9 March 1991
Czech Republic* 1 January 1993
Democratic People's
Republic of Korea 23 August 1990 21 September 1990 21 October 1990
Denmark 26 January 1990 19 July 1991 18 August 1991
Djibouti 30 September 1990 6 December 1990 5 January 1991
Dominica 26 January 1990 13 March 1991 12 April 1991
Dominican Republic 8 August 1990 11 June 1991 11 July 1991
Ecuador 26 January 1990 23 March 1990 2 September 1990
Egypt 5 February 1990 6 July l990 2 September 1990
El Salvador 26 January 1990 10 July l990 2 September 1990
Equatorial Guinea 15 June 1992 a/ 15 July 1992
Eritrea 20 December 1993 3 August 1994 2 September 1994
Estonia 21 October 1991 a/ 20 November 1991
Ethiopia 14 May 1991 a/ 13 June 1991
Fiji 2 July 1993 13 August 1993 12 September 1993
Finland 26 January 1990 20 June 1991 20 July 1991
France 26 January 1990 7 August 1990 6 September 1990
Gabon 26 January 1990 9 February 1994 11 March 1994
Gambia 5 February 1990 8 August 1990 7 September 1990
Germany 26 January 1990 6 March 1992 5 April 1992
Georgia 2 June 1994 a/ 2 July l994
Ghana 29 January 1990 5 February 1990 2 September 1990
Greece 26 January 1990 11 May 1993 10 June 1993
Grenada 21 February 1990 5 November 1990 5 December 1990
Guatemala 26 January 1990 6 June 1990 2 September 1990
Guinea 13 July 1990 a/ 2 September 1990
Guinea-Bissau 26 January 1990 20 August 1990 19 September 1990
Guyana 30 September 1990 14 January 1991 13 February 1991
Holy See 20 April 1990 20 April 1990 2 September 1990
Honduras 31 May 1990 10 August 1990 9 September 1990
States Date of signature Date of receipt of Date of entry
instrument of into force
ratification/
accession a/
Hungary 14 March 1990 7 October 1991 6 November 1991
Iceland 26 January 1990 28 October 1992 27 November 1992
India 11 December 1992 a/ 11 January 1993
Indonesia 26 January 1990 5 September 1990 5 October 1990
Iran (Islamic
Republic of) 5 September 1991 13 July 1994 12 August 1994
Iraq 15 June 1994 a/ 15 July 1994
Ireland 30 September 1990 28 September 1992 28 October 1992
Israel 3 July 1990 3 October 1991 2 November 1991
Italy 26 January 1990 5 September 1991 5 October 1991
Jamaica 26 January 1990 14 May 1991 13 June 1991
Japan 21 September 1990 22 April 1994 22 May 1994
Jordan 29 August 1990 24 May 1991 23 June 1991
Kazakhstan 16 February 1994 12 August 1994 11 September 1994
Kenya 26 January 1990 30 July 1990 2 September 1990
Kuwait 7 June 1990 21 October 1991 20 November 1991
Kyrgyzstan 7 October 1994 6 November 1994
Lao People's
Democratic Republic 8 May 1991 a/ 7 June 1991
Latvia 14 April 1992 a/ 14 May 1992
Lebanon 26 January 1990 14 May 1991 13 June 1991
Lesotho 21 August 1990 10 March 1992 9 April 1992
Liberia 26 April 1990 4 June 1993 4 July 1993
Libyan Arab
Jamahiriya 15 April 1993 a/ 15 May 1993
Lithuania 31 January 1992 a/ 1 March 1992
Luxembourg 21 March 1990 7 March 1994 6 April 1994
Madagascar 19 April 1990 19 March 1991 18 April 1991
Malawi 2 January 1991 a/ 1 February 1991
Maldives 21 August 1990 11 February 1991 13 March 1991
Mali 26 January 1990 20 September 1990 20 October 1990
Malta 26 January 1990 30 September 1990 30 October 1990
Marshall Islands 14 April 1993 4 October 1993 3 November 1993
Mauritania 26 January 1990 16 May 1991 15 June 1991
Mauritius 26 July 1990 a/ 2 September 1990
Mexico 26 January 1990 21 September 1990 21 October 1990
Micronesia
(Federated
States of) 5 May 1993 a/ 4 June 1993
Monaco 21 June 1993 a/ 21 July 1993
States Date of signature Date of receipt of Date of entry
instrument of into force
ratification/
accession a/
Mongolia 26 January 1990 5 July 1990 2 September 1990
Morocco 26 January 1990 21 June 1993 21 July 1993
Mozambique 30 September 1990 26 April 1994 26 May 1994
Myanmar 15 July 1991 a/ 14 August 1991
Namibia 26 September 1990 30 September 1990 30 October 1990
Nauru 27 July 1994 a/ 26 August 1994
Nepal 26 January 1990 14 September 1990 14 October 1990
New Zealand 1 October 1990 6 April 1993 6 May 1993
Nicaragua 6 February 1990 5 October 1990 4 November 1990
Niger 26 January 1990 30 September 1990 30 October 1990
Nigeria 26 January 1990 19 April 1991 19 May 1991
Norway 26 January 1990 8 January 1991 7 February 1991
Pakistan 20 September 1990 12 November 1990 12 December 1990
Panama 26 January 1990 12 December 1990 11 January 1991
Papua New Guinea 30 September 1990 1 March 1993 31 March 1993
Paraguay 4 April 1990 25 September 1990 25 October 1990
Peru 26 January 1990 4 September 1990 4 October 1990
Philippines 26 January 1990 21 August 1990 20 September 1990
Poland 26 January 1990 7 June 1991 7 July 1991
Portugal 26 January 1990 21 September 1990 21 October 1990
Republic of Korea 25 September 1990 20 November 1991 20 December 1991
Republic of Moldova 26 January 1993 a/ 25 February 1993
Romania 26 January 1990 28 September 1990 28 October 1990
Russian Federation 26 January 1990 16 August 1990 15 September 1990
Rwanda 26 January 1990 24 January 1991 23 February 1991
Saint Kitts and
Nevis 26 January 1990 24 July 1990 2 September 1990
Saint Lucia 16 June 1993 a/ 16 July 1993
Saint Vincent and
the Grenadines 20 September 1993 26 October 1993 25 November 1993
Samoa 30 September 1990 29 November 1994 29 December 1994
San Marino 25 November 1991 a/ 25 December 1991
Sao Tome and
Principe 14 May 1991 a/ 13 June 1991
Senegal 26 January 1990 31 July 1990 2 September 1990
Seychelles 7 September 1990 a/ 7 October 1990
Sierra Leone 13 February 1990 18 June 1990 2 September 1990
Slovakia* 1 January 1993
States Date of signature Date of receipt of Date of entry
instrument of into force
ratification/
accession a/
Slovenia* 25 June 1991
Spain 26 January 1990 6 December 1990 5 January 1991
Sri Lanka 26 January 1990 12 July 1991 11 August 1991
Sudan 24 July 1990 3 August 1990 2 September 1990
Suriname 26 January 1990 1 March 1993 31 March 1993
Sweden 26 January 1990 29 June 1990 2 September 1990
Syrian Arab
Republic 18 September 1990 15 July 1993 14 August 1993
Tajikistan 26 October 1993 a/ 25 November 1993
Thailand 27 March 1992 a/ 26 April 1992
The former Yugoslav
Republic of
Macedonia* 17 September 1991
Togo 26 January 1990 1 August 1990 2 September 1990
Trinidad and Tobago 30 September 1990 5 December 1991 4 January 1992
Tunisia 26 February 1990 30 January 1992 29 February 1992
Turkmenistan 20 September 1993 a/ 19 October 1993
Uganda 17 August 1990 17 August 1990 16 September 1990
Ukraine 21 February 1991 28 August 1991 27 September 1991
United Kingdom of
Great Britain and
Northern Ireland 19 April 1990 16 December 1991 15 January 1992
United Republic
of Tanzania 1 June 1990 10 June 1991 10 July 1991
Uruguay 26 January 1990 20 November 1990 20 December 1990
Uzbekistan 29 June 1994 a/ 29 July 1994
Vanuatu 30 September 1990 7 July 1993 6 August 1993
Venezuela 26 January 1990 13 September 1990 13 October 1990
Viet Nam 26 January 1990 28 February 1990 2 September 1990
Yemen 13 February 1990 1 May 1991 31 May 1991
Yugoslavia 26 January 1990 3 January 1991 2 February 1991
Zaire 20 March 1990 27 September 1990 27 October 1990
Zambia 30 September 1990 5 December 1991 5 January 1992
Zimbabwe 8 March 1990 11 September 1990 11 October 1990
a/ Accession.
Annex II
COMMITTEE ON THE RIGHTS OF THE CHILD
Membership
Name of Member Country of nationality
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
Annex III
STATUS OF SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF
THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 27 JANUARY 1995
Initial reports due in 1992 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Bangladesh |
2 September 1990 |
1 September 1992 |
|
|
Barbados |
8 November 1990 |
7 November 1992 |
|
|
Belarus |
31 October 1990 |
30 October 1992 |
12 February 1993 |
CRC/C/3/Add.14 |
Belize |
2 September 1990 |
1 September 1992 |
|
|
Benin |
2 September 1990 |
1 September 1992 |
|
|
Bhutan |
2 September 1990 |
1 September 1992 |
|
|
Bolivia |
2 September 1990 |
1 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 |
1 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 |
|
|
Ecuador |
2 September 1990 |
1 September 1992 |
|
|
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Egypt |
2 September 1990 |
1 September 1992 |
23 October 1992 |
CRC/C/3/Add.6 |
El Salvador |
2 September 1990 |
1 September 1992 |
3 November 1992 |
CRC/C/3/Add.9 & Add.28 |
France |
6 September 1990 |
5 September 1992 |
8 April 1993 |
CRC/C/3/Add.15 |
Gambia |
7 September 1990 |
6 September 1992 |
|
|
Ghana |
2 September 1990 |
1 September 1992 |
|
|
Grenada |
5 December 1990 |
4 December 1992 |
|
|
Guatemala |
2 September 1990 |
1 September 1992 |
5 January 1995 |
CRC/C/3/Add.33 |
Guinea |
2 September 1990 |
1 September 1992 |
|
|
Guinea-Bissau |
19 September 1990 |
18 September 1992 |
|
|
Holy See |
2 September 1990 |
1 September 1992 |
2 March 1994 |
CRC/C/3/Add.27 |
Honduras |
9 September 1990 |
8 September 1992 |
11 May 1993 |
CRC/C/3/Add.17 |
Indonesia |
5 October 1990 |
4 October 1992 |
17 November 1992 |
CRC/C/3/Add.10 & CRC/C/3/Add.26 |
Kenya |
2 September 1990 |
1 September 1992 |
|
|
Mali |
20 October 1990 |
19 October 1992 |
|
|
Malta |
30 October 1990 |
29 October 1992 |
|
|
Mauritius |
2 September 1990 |
1 September 1992 |
|
|
Mexico |
21 October 1990 |
20 October 1992 |
15 December 1992 |
CRC/C/3/Add.11 |
Mongolia |
2 September 1990 |
1 September 1992 |
20 October 1994 |
CRC/C/3/Add.32 |
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 |
Date due |
Date of submission |
Symbol |
Nepal |
14 October 1990 |
13 October 1992 |
|
|
Nicaragua |
4 November 1990 |
3 November 1992 |
12 January 1994 |
CRC/C/3/Add.25 |
Niger |
30 October 1990 |
29 October 1992 |
27 April 1994 |
CRC/C/3/Add.29 |
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 |
4 October 1990 |
3 October 1992 |
28 October 1992 |
CRC/C/3/Add.7 & 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 |
17 August 1994 |
CRC/C/3/Add.30 |
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 |
2 September 1990 |
1 September 1992 |
|
|
Senegal |
2 September 1990 |
1 September 1992 |
12 September 1994 |
CRC/C/3/Add.31 |
Seychelles |
7 October 1990 |
6 October 1992 |
|
|
Sierra Leone |
2 September 1990 |
1 September 1992 |
|
|
Sudan |
2 September 1990 |
1 September 1992 |
29 September 1992 |
CRC/C/3/Add.3 & CRC/C/3/Add.20 |
Sweden |
2 September 1990 |
1 September 1992 |
7 September 1992 |
CRC/C/3/Add.1 |
Togo |
2 September 1990 |
1 September 1992 |
|
|
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Uganda |
16 September 1990 |
15 September 1992 |
|
|
Uruguay |
20 December 1990 |
19 December 1992 |
|
|
Venezuela |
13 October 1990 |
12 October 1992 |
|
|
Viet Nam |
2 September 1990 |
1 September 1992 |
30 September 1992 |
CRC/C/3/Add.4 & CRC/C/3/Add.21 |
Zaire |
27 October 1990 |
26 October 1992 |
|
|
Zimbabwe |
11 October 1990 |
10 October 1992 |
|
|
|
|
|
|
|
Initial reports due in 1993 |
||||
Angola |
4 January 1991 |
3 January 1991 |
|
|
Argentina |
3 January 1991 |
2 January 1993 |
17 March 1993 |
CRC/C/8/Add.2 & Add.17 |
Australia |
16 January 1991 |
15 January 1993 |
|
|
Bahamas |
22 March 1991 |
21 March 1993 |
|
|
Bulgaria |
3 July 1991 |
2 July 1993 |
|
|
Colombia |
27 February 1991 |
26 February 1993 |
14 April 1993 |
CRC/C/8/Add.3 |
Côte d'Ivoire |
6 March 1991 |
5 March 1993 |
|
|
Croatia |
7 November 1991 |
6 November 1993 |
8 November 1994 |
CRC/C/8/Add.19 |
Cuba |
20 September 1991 |
19 September 1993 |
|
|
Cyprus |
9 March 1991 |
8 March 1993 |
22 December 1994 |
CRC/C/8/Add.24 |
Denmark |
18 August 1991 |
17 August 1993 |
14 September 1993 |
CRC/C/8/Add.8 |
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Djibouti |
5 January 1991 |
4 January 1993 |
|
|
Dominica |
12 April 1991 |
11 April 1993 |
|
|
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 |
12 December 1994 |
CRC/C/8/Add.22 |
Guyana |
13 February 1991 |
12 February 1993 |
|
|
Hungary |
6 November 1991 |
5 November 1993 |
|
|
Israel |
2 November 1991 |
1 November 1993 |
|
|
Italy |
5 October 1991 |
4 October 1993 |
11 October 1994 |
CRC/C/8/Add.18 |
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 |
7 June 1991 |
6 June 1993 |
|
|
Lebanon |
13 June 1991 |
12 June 1993 |
21 December 1994 |
CRC/C/8/Add.23 |
Madagascar |
18 April 1991 |
17 May 1993 |
20 July 1993 |
CRC/C/8/Add.5 |
Malawi |
1 February 1991 |
31 January 1993 |
|
|
Maldives |
13 March 1991 |
12 March 1993 |
6 July 1994 |
CRC/C/8/Add.15 |
Mauritania |
15 June 1991 |
14 June 1993 |
|
|
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Myanmar |
14 August 1991 |
13 August 1993 |
|
|
Nigeria |
19 May 1991 |
18 May 1993 |
|
|
Norway |
7 February 1991 |
6 February 1993 |
30 August 1993 |
CRC/C/8/Add.7 |
Panama |
11 January 1991 |
10 January 1993 |
|
|
Poland |
7 July 1991 |
6 July 1993 |
11 January 1994 |
CRC/C/8/Add.11 |
Republic of Korea |
20 December 1991 |
19 December 1993 |
17 November 1994 |
CRC/C/8/Add.21 |
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 |
|
|
Slovenia |
25 June 1991 |
24 June 1993 |
|
|
Spain |
5 January 1991 |
4 January 1993 |
110 August 1993 |
CRC/C/8/Add.6 |
Sri Lanka |
11 August 1991 |
10 August 1993 |
23 March 1994 |
CRC/C/8/Add.13 |
The former Yugoslav Republic of Macedonia |
17 September 1991 |
16 September 1993 |
|
|
Ukraine |
27 September 1991 |
26 September 1993 |
8 October 1993 |
CRC/C/8/Add.10/ Rev.1 |
United Republic of Tanzania |
10 July 1991 |
9 July 1993 |
29 April 1994 |
CRC/C/8/Add.14 |
Yemen |
31 May 1991 |
30 May 1993 |
14 November 1994 |
CRC/C/8/Add.20 |
Yugoslavia |
2 February 1991 |
1 February 1993 |
21 September 1994 |
CRC/C/8/Add.16 |
|
||||
Initial reports due in 1994 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Albania |
28 March 1992 |
27 March 1994 |
|
|
Austria |
5 September 1992 |
4 September 1994 |
|
|
Azerbaijan |
12 September 1992 |
11 September 1994 |
|
|
Bahrain |
14 March 1992 |
14 March 1994 |
|
|
Belgium |
15 January 1992 |
14 January 1994 |
12 July 1994 |
CRC/C/11/Add.4 |
Bosnia and Herzegovina |
6 March 1992 |
5 March 1994 |
|
|
Cambodia |
14 November 1992 |
15 November 1994 |
|
|
Canada |
12 January 1992 |
11 January 1994 |
17 June 1994 |
CRC/C/11/Add.3 |
Cape Verde |
4 July 1992 |
3 July 1994 |
|
|
Central African Republic |
23 May 1992 |
23 May 1994 |
|
|
China |
1 April 1992 |
31 March 1994 |
|
|
Czech Republic |
1 January 1993 |
31 December 1994 |
|
|
Equatorial Guinea |
15 July 1992 |
14 July 1994 |
|
|
Germany |
5 April 1992 |
4 May 1994 |
30 August 1994 |
CRC/C/11/Add.5 |
Iceland |
27 November 1992 |
26 November 1994 |
30 November 1994 |
CRC/C/11/Add.6 |
Ireland |
28 October 1992 |
27 October 1994 |
|
|
Latvia |
14 May 1992 |
13 May 1994 |
|
|
Lesotho |
9 April 1992 |
8 April 1994 |
|
|
Lithuania |
1 March 1992 |
28 February 1994 |
|
|
Initial reports due in 1994 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Slovakia |
1 January 1993 |
31 December 1994 |
|
|
Thailand |
26 April 1992 |
25 April 1994 |
|
|
Trinidad and Tobago |
4 January 1992 |
3 January 1994 |
|
|
Tunisia |
29 February 1992 |
28 February 1994 |
16 May 1994 |
CRC/C/11/Add.2 |
United Kingdom of Great Britain and Northern Ireland |
15 January 1992 |
14 January 1994 |
15 March 1994 |
CRC/C/11/Add.1 |
Zambia |
5 January 1992 |
4 January 1994 |
|
|
|
|
|
|
|
Initial reports due in 1995 |
||||
Algeria |
16 May 1993 |
15 May 1995 |
|
|
Antigua and Barbuda |
4 November 1993 |
3 November 1995 |
|
|
Armenia |
23 July 1993 |
5 August 1995 |
|
|
Cameroon |
10 February 1993 |
9 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 |
9 June 1995 |
|
|
India |
11 January 1993 |
10 January 1995 |
|
|
Liberia |
4 July 1993 |
3 July 1995 |
|
|
Libyan Arab Jamahiriya |
15 May 1993 |
14 May 1995 |
|
|
Initial reports due in 1995 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Marshall Islands |
3 November 1993 |
2 November 1995 |
|
|
Micronesia (Federated States of) |
4 June 1993 |
3 June 1995 |
|
|
Monaco |
21 July 1993 |
20 July 1995 |
|
|
Morocco |
21 July 1993 |
20 July 1995 |
|
|
New Zealand |
6 May 1993 |
5 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 |
|
|
Turkmenistan |
20 October 1993 |
19 October 1995 |
|
|
Vanuatu |
6 August 1993 |
5 August 1995 |
|
|
|
|
|
|
|
Initial reports due in 1996 |
||||
Afghanistan |
27 April 1994 |
26 April 1996 |
|
|
Gabon |
11 March 1994 |
10 March 1996 |
|
|
Luxembourg |
6 April 1994 |
5 April 1996 |
|
|
Initial reports due in 1996 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Japan |
22 May 1994 |
21 May 1996 |
|
|
Mozambique |
26 May 1994 |
25 May 1996 |
|
|
Georgia |
2 July 1994 |
1 July 1996 |
|
|
Iraq |
15 July 1994 |
14 July 1996 |
|
|
Uzbekistan |
29 July 1994 |
28 July 1996 |
|
|
Iran (Islamic Republic of |
12 August 1994 |
11 August 1996 |
|
|
Nauru |
26 August 1994 |
25 August 1996 |
|
|
Eritrea |
2 September 1994 |
1 September 1996 |
|
|
Kazakhstan |
11 September 1994 |
10 September 1996 |
|
|
Kyrgyzstan |
6 November 1994 |
5 November 1996 |
|
|
Samoa |
29 December 1994 |
28 December 1996 |
|
|
Annex IV
REPORT ON THE MEETING OF THE SPECIAL COMMISSION OF
THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND
COOPERATION IN RESPECT OF INTERCOUNTRY ADOPTION
17-21 October 1994
The Committee was represented in an observer capacity, as was the United Nations High Commissioner for Refugees, at the meeting. The main topics dealt with were: (a) the ratification and implementation of the 1993 Convention; (b) its application to refugee children and other internationally displaced children, and (c) the issue on the form for consent to the adoption of a child and the certificate of conformity to intercountry adoption.
There were 40 States represented, with 9 non-governmental organizations as observers. Of the 15 States that have signed the Convention, only Mexico has ratified but Romania has reported approval of the Preliminary Bill for Ratification and 9 other States mentioned the initiation of legal procedures on ratification.
An illustrative check-list of questions to be examined with a view to implementing the 1993 Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption was discussed and revised (the revised copy was not available to the representative). The issue of the nationality of the child when adopted (art. 7 of the Convention on the Rights of the Child) was postponed for discussion at future meetings of the Commission. The Committee's representative indicated that it would be possible for the Committee to follow up the ratification and implementation of the Hague Convention on the basis of the checklists, as States parties report on their implementation of the Convention on the Rights of the Child.
In discussing the concept of "other internationally displaced children" in the context of intercountry adoption, the Committee's representative invoked article 3 in referring to children who are compelled for their best interests (not only for their safety) to remain outside their country of origin. The observer for the International Social Service (ISS), a non-governmental organization, described their current involvement with the expanded concept of "other internationally displaced children" and presented a proposal concerning the establishment of an international resource centre for the protection of children in intercountry adoption. The proposal was welcomed, subject to the criteria States would use for accrediting non-governmental bodies and the substantial application of the Hague Convention. The Committee's representative referred to article 4 of the Convention on the Rights of the Child to reinforce the involvement of ISS.
The form of consent to the adoption of the child did not refer to the consent of the child himself/herself, nor that of the children of the adoptive family, subject to their age and maturity (art. 12 of the Convention on the Rights of the Child). That subject will be considered at a future meeting of the Special Commission, it being felt that the participants were not ready to discuss it at the present meeting.
A positive attitude towards granting the nationality of the adoptive parents to the adopted child and giving weight to the views of the child being adopted and those of the children of the adopting family have to be fostered. The participation at the Committee on the Rights of the Child in future meetings within the mechanism of the Hague Conference on Private International Law on matters relevant to the Committee on the Rights of the Child has to be maintained. The value of implementing details that the Hague Conference examines cannot be over-emphasized.
Annex V
GENERAL DEBATE ON THE "GIRL CHILD"
21 January 1995
Conclusions
A. Nationally
1. In the political sphere
Demonstrate a genuine will to act by drawing up an appropriate policy and an overall integrated strategy for national implementation that sets specific priorities and goals in conformity with the rights of the child and of women.
Submit to the Committee on the Rights of the Child reports on the implementation of the Convention on the Rights of the Child within the set time-limits, and ensure they include all the gender-specific data and statistics relating to the various forms of inequality and discrimination in the spheres of education, health, employment, etc.
Encourage participation by all strata of the country's society, including men and community and religious leaders, in the advancement of the rights of girls.
Provide non-governmental organizations and women's associations that operate on behalf of girls with the support they need.
2. In the legislative sphere
Proceed to universal ratification of the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.
Consider the possibility of withdrawing reservations that are inconsistent with the fundamental principles of the Convention on the Rights of the Child.
Adopt national laws to ensure respect for the principle of equal rights and duties for both sexes (the minimum age for marriage is an example).
Lay down sanctions for violations of national legislation and establish mechanisms for implementation.
3. As regards the implementation of the Convention on the Rights
of the Child
(a) Information and education
Change the image of women in the media, in advertising and in school textbooks by adopting suitable messages to combat inequalities, stereotypes and social apathy.
Promote parental education in the formal and informal sectors.
Incorporate teaching on the rights of the child in the school curriculum and in teacher-training programmes, as part of the United Nations Decade for Human Rights Education.
Make families aware of the role they should play in securing the inherent dignity of girls as human beings and not merely as sisters, mothers and spouses and in ensuring that girls enjoy equal opportunities to participate actively in national life.
(b) Health
Ensure that girls have access to health services.
Strengthen the training of health professionals, devoting particular attention to the specific health needs of girls.
Foster beneficial traditional practices and combat those that are detrimental to the health and development of girls.
4. Evaluation of the Convention's implementation
Institute a system for gathering reliable, gender-specific information and statistics.
Carry out the necessary research and studies to develop an understanding of specific cultural, religious and sociological issues.
B. Internationally
1. The Committee should
Participate in the work of the World Conference on Women.
Join in following up and implementing the conclusions of the World Conference on Women.
Strengthen its cooperation with the Committee on the Elimination of All Forms of Discrimination against Women.
Promote its advisory role with the support of the United Nations specialized agencies and non-governmental organizations.
Insert a request for gender-specific data on all forms of discrimination in the list of questions sent to Governments in connection with the consideration of their reports.
2. The international organizations should
Carry out joint activities among international organizations, having regard to their specific spheres of action.
Annex VI
LIST OF DOCUMENTS ISSUED FOR THE EIGHTH SESSION OF THE COMMITTEE
CRC/C/3/Add.23 Initial report of the Philippines
CRC/C/8/Add.8 Initial report of Denmark
CRC/C/8/Add.11 Initial report of Poland
CRC/C/8/Add.12 Initial report of Jamaica
CRC/C/11/Add.1 Initial report of the United Kingdom of Great Britain and Northern Ireland
CRC/C/15/Add.29 Concluding observations Philippines
CRC/C/15/Add.30 Concluding observations Colombia
CRC/C/15/Add.31 Concluding observations Poland
CRC/C/15/Add.32 Concluding observations Jamaica
CRC/C/15/Add.33 Concluding observations Denmark
CRC/C/15/Add.34 Concluding observations United Kingdom
CRC/C/15/Add.35 Concluding observations Argentina
CRC/C/19/Rev.3 Compilation of the conclusions and recommendations adopted by the Committee
CRC/C/35 Provisional agenda and annotations
CRC/C/36 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports
CRC/C/37 Note by the Secretary-General on areas identified by the Committee for technical assistance
CRC/C/SR.184-209 Summary records of the eighth session
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