General Documents Not Relating To Specific States - Annual and Sessional Reports - CRC

CRC

UNITED

NATIONS

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/46

18 December 1995

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Report on the tenth session

(Geneva, 30 October - 17 November 1995)

CONTENTS

Chapter Paragraphs Page

I. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . 1 - 15 3

A. States parties to the Convention. . . . . . . . . . . . 1 - 2 3

B. Opening and duration of the session. . . . . . . . . 3 3

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . 4 - 8 3

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4

E. Pre-sessional working group. . . . . . . . . . . . . . . . . 10 - 13 5

F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . 14 5

G. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . 15 5

II. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 185 6

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . 16 - 18 6

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . 19 - 24 6

1. Concluding observations: Italy. . . . . . . . . 25 - 46 7

2. Concluding observations: Ukraine. . . . . . . 47 - 78 11

GE.95-14878 (E)

CONTENTS (continued)

Chapter Paragraphs Page

3. Concluding observations: Germany. . . . . . . 79 - 114 15

4. Concluding observations: Senegal. . . . . . . 115 - 144 21

5. Concluding observations: Portugal. . . . . . 145 - 171 24

6. Concluding observations: Holy See. . . . . . 172 - 185 27

III. OVERVIEW OF THE OTHER ACTIVITIES OF THE

COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 - 241 30

A. Informal meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 - 194 30

B. Review of developments relevant to the work

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 - 202 31

C. General discussion on the administration of

juvenile justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 - 238 33

D. Future day of general discussion. . . . . . . . . . . . 239 39

E. Guidelines for periodic reports. . . . . . . . . . . . . 240 - 241 40

IV. DRAFT PROVISIONAL AGENDA FOR THE

ELEVENTH SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 41

V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . 243 41

Annexes

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

the Rights of the Child as at 17 November 1995. . . . . . . . . . . . . . . . . . . . 42

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . . 48

III. Status of submission of reports by States parties under

article 44 of the Convention on the Rights of the Child

as at 17 November 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

IV. List of initial reports considered by the Committee on the

Rights of the Child as of 17 November 1995. . . . . . . . . . . . . . . . . . . . . . . . 60

V. Provisional list of initial reports scheduled for

consideration at the Committee's eleventh and

twelfth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

VI. General discussion: List of documents contributed. . . . . . . . . . . . . . . 63

VII. List of documents issued for the tenth session of

the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

I. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1. As at 17 November 1995, the closing date of the tenth session of the Committee on the Rights of the Child, there were 180 States parties to the Convention on the Rights of the Child. Another State had deposited its instrument of accession to the Convention on 6 November 1995. 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.4.

B. Opening and duration of the session

3. The Committee on the Rights of the Child held its tenth session at the United Nations Office at Geneva from 30 October to 17 November 1995. The Committee held 26 meetings (234th to 259th). An account of the Committee's deliberations at its tenth session is contained in the relevant summary records (CRC/C/SR.234-245, 247-256 and 259). At the opening of the session, the Assistant Secretary-General for Human Rights, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child in the United Nations system.

C. Membership and attendance

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

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

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

7. A representative of the Hague Conference on Private International Law 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, International Save the Children Alliance, Zonta International.

Category II

Caritas Internationalis, Defence for Children International, Friends World Committee for Consultation (Quakers), Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, International Abolitionist Federation, International Catholic Child Bureau, International Federation of Human Rights, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, World Federation of Methodist Women.

Roster

World Organization against Torture.

Others

Epoch Worldwide, International Inner Wheel, NGO Group for the Rights of the Child, One World Productions, Radda Barnen, Verein Zur Förderung Der Psychologischen Menschenkenntnis, Women Living under Muslim Law.

D. Agenda

9. At its 234th meeting, on 30 October 1995, the Committee adopted the following agenda.

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. Review of developments relevant to the work of the Committee.

6. General discussion on "The Administration of Juvenile Justice".

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. Pre-sessional working group

10. In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 12 to 16 June 1995. All the members participated in the working group. Representatives of UNICEF, UNHCR, ILO, WHO and UNESCO also participated in the meetings of the working group. A representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives of various non-governmental organizations, also attended the session.

11. 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.

12. The pre-sessional working group held seven meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of Germany, Italy, Portugal, Senegal and Ukraine. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note which stated, inter alia:

"The Committee wishes to receive, if possible before 10 August 1995, 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."

13. 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.

F. Organization of work

14. The Committee considered the organization of work at its 234th meeting, on 30 October 1995. The Committee had before it the draft programme of work for the tenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its ninth session (CRC/C/43).

G. Future regular meetings

15. The Committee noted that its eleventh session would take place from 8 to 26 January 1996 and its pre-sessional working group would meet from 29 January to 2 February 1996.

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

A. Submission of reports

16. 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), 1995 (CRC/C/28) and 1996 (CRC/C/41); (b) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/44); (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.3); and (d) a note by the Secretary-General on areas in which the need for technical advice and advisory services have been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.1). The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see paras. 19-24 below) and those which had been received prior to the Committee's ninth session (see CRC/C/43, para. 18), the Secretary-General had received the initial reports of Algeria (CRC/C/28/Add.4), Azerbaijan (CRC/C/11/Add.8), Bangladesh (CRC/C/3/Add.38), Bulgaria (CRC/C/8/Add.29), Cuba (CRC/C/8/Add.30) Ethiopia (CRC/C/8/Add.27), Mauritius (CRC/C/3/Add.36), Morocco (CRC/C/28/Add.1), Myanmar (CRC/C/8/Add.9), New Zealand (CRC/C/28/Add.3), Nigeria (CRC/C/8/Add.26), Panama (CRC/C/8/Add.28), Syrian Arab Republic (CRC/C/28/Add.2), Uruguay (CRC/C/3/Add.37). The status of submission of reports by States parties under article 44 of the Convention is given in annex III to the present report.

17. A list of initial reports considered by the Committee, as of 17 November 1995, as well as a provisional list of initial reports scheduled for consideration at the Committee's eleventh and twelfth sessions are contained respectively in annexes IV and V to the present report.

18. By a letter dated 6 November 1995 addressed to the Assistant Secretary-General for Human Rights, the Permanent Representative of Tunisia to the United Nations Office at Geneva indicated that, in the spirit of the recommendations made by the Committee in its dialogue with the Government of Tunisia in the course of the consideration of the initial report of Tunisia at the Committee's ninth session, the Government of Tunisia had recently taken a series of measures to promote the implementation of the Convention on the Rights of the Child.

B. Consideration of reports

19. At its tenth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 19 of its 26 meetings to the consideration of reports (see CRC/C/SR.235-245, 247-252, 255 and 256).

20. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its

tenth session: Holy See (CRC/C/3/Add.27), Ukraine (CRC/C/8/Add.10/Rev.1), Portugal (CRC/C/3/Add.30), Germany (CRC/C/11/Add.5), Senegal (CRC/C/3/Add.31) and Italy (CRC/C/8/Add.18).

21. 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.

22. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.

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

24. 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: Italy

25. The Committee considered the initial report of Italy (CRC/C/8/Add.18) at its 235th to 238th meetings (CRC/C/SR.235-238), held on 31 October and 1 November 1995 and adopted* the following concluding observations:

A. Introduction

26. The Committee expresses its appreciation to the State party for engaging, through a high-level and multidisciplinary delegation, in an open and fruitful dialogue with the Committee. It welcomes the written information submitted by the delegation of Italy in reply to the questions included in its list of issues (CRC/C.10/WP.2) as well as statistical data provided in the course of the discussion. While noting with satisfaction that such supplementary information enabled the Committee to engage in a constructive dialogue with the State party, the Committee regrets that its guidelines for the preparation of State parties' reports have not been followed by the Government and that a certain number of issues addressed in the written list of issues have been left unanswered.

B. Positive aspects

27. The Committee welcomes the legislative and administrative measures taken by the Government of Italy since the entry into force of the Convention in 1991 to promote and protect the rights of the child. It appreciates that the Convention is self-executing in Italy and as such can be, and in fact has been, applied directly by the Italian courts, and that Italy applies the

_________

* At the 259th meeting, held on 17 November 1995.

principle of the primacy of international human rights standards over national legislation in case of conflict of law. The Committee also welcomes the preliminary steps taken in view of the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

28. The Committee welcomes the setting up of various institutions and mechanisms for the protection and monitoring of the rights of the child in Italy, including in particular the Special Committee on Child Issues established within the Parliament; the Department of the Family and Social Affairs created within the Prime Minister's Office; the National Centre for the Protection of Children, entrusted with the collection of data concerning children; and the National Observatory for the Problems of Minors, which analyses data collected by the National Centre and prepares annual reports for the Parliament.

29. The Committee notes with satisfaction the progress achieved in the field of child health and welfare, including in particular the noticeable decrease in peri-natal mortality.

C. Principal subjects of concern

30. The Committee is concerned at the lack of an overall integrated mechanism to monitor the activities designed to promote and protect the rights of the child. It stresses that coordination between the various governmental entities involved, as well as between national, regional and municipal levels, is insufficient and that there is a need for a comprehensive network for the collection of data covering all areas of the Convention and taking into account all groups of children within Italy, which is essential for the implementation of targeted programmes on the rights of the child and the evaluation of the effectiveness of legislative and administrative measures.

31. The Committee is concerned about the insufficient measures taken to ensure that the principles and provisions of the Convention are widely known to children and adults alike and to provide adequate training on the principles and provisions of the Convention to the various professional groups involved with children.

32. As regards the implementation of article 4 of the Convention, the Committee is concerned about the inadequacy 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 assistance. The Committee is also concerned over the lag in the civil participation of citizens in issues relating to children.

33. The Committee is also concerned that the basic principles of the Convention, namely the provisions of its articles 2, 3 and 12, have not always been adequately reflected in national legislation and policy-making.

34. The Committee is also concerned about persisting and significant economic and social disparities between the northern and southern parts of the country, which bear a negative impact on the situation of children.

35. With regard to article 2 of the Convention relating to non-discrimination, the Committee is concerned that sufficient measures have not been taken to assess and provide for the needs of children from vulnerable and disadvantaged groups, such as children from poor families and from single-parent households, children of foreign and Roma origin and children born out of wedlock. The Committee is concerned that children belonging to these disadvantaged groups seem more likely to be stigmatized in public perception, to drop out of school, to be employed in clandestine work or even in illegal activities, including being instrumentalized in organized criminal activities.

36. The Committee is preoccupied by the existence of child abuse, including physical and sexual abuse and violence within the family, and the insufficient protection afforded by the Penal Code in this regard, as well as the lack of adequate measures for the psycho-social recovery of child victims of such abuses.

D. Suggestions and recommendations

37. The Committee recommends that a national permanent mechanism be developed for the purpose of coordinating and monitoring the implementation of the Convention including between governmental departments and between central, regional and municipal authorities. It is also suggested that the Government consider ensuring closer and more active cooperation with non-governmental organizations working for the rights of the child. Such measures could contribute to promoting an ongoing dialogue with the civil society and public scrutiny of governmental action in the field of the promotion and protection of children's rights.

38. The Committee recommends the systematic collection of data on children and research on child-related issues, including changes in the family structure, with a view to ensuring adequate policy-making in the field of children's rights.

39. The Committee wishes to encourage the State party to further develop a systematic approach to making the principles and provisions of the Convention widely known to children and adults alike, thus increasing public awareness of and civil participation in promoting children's rights. In the spirit of the United Nations Decade for Human Rights Education, the Committee further encourages the Government to give consideration to the incorporation of the rights of the child in the school curricula. Similarly, training about the Convention should be incorporated into the curricula of professionals working with or for children, including teachers, social workers, law enforcement officials, judicial personnel and personnel of the Italian contingents of the United Nations peace-keeping forces.

40. The State party should pursue its efforts with a view to fully reflecting in its legislation and practice the provisions and principles of the Convention, in particular the principles of non-discrimination, the best interests of the child and the right of the child to freely express his or her views. In this regard, the Committee recommends that existing legislation be modified to fully ensure equal treatment between children born in and out of wedlock.

41. Further measures should also be taken to prevent a rise in discriminatory attitudes and prejudices towards particularly vulnerable children such as children living in poverty, children from the southern region, Roma children and foreign children. The Government should consider adopting a more active stand and coherent policy with respect to the treatment of these children and to create an environment favourable to their fullest possible integration into Italian society. Comprehensive measures should be provided for responsible parenthood and for support to needy families, in order to assist them in their child-rearing responsibilities in the light of articles 18 and 27 of the Convention, thus limiting family disruption, reducing the numbers of institutionalized children and limiting the recourse to institutionalization to a measure of last resort.

42. The Committee encourages the Government of Italy to pay particular attention to the full implementation of article 4 of the Convention in the light of the general principles of the Convention, in particular the best interests of the child. The Committee also stresses the need for a judicious distribution of the resources at the central, regional and municipal levels with a view to overcoming persisting economic and social disparities, and to pay particular attention to the most disadvantaged groups in society, including single-parent families.

43. It is also suggested that the State party should use the principles of the Convention as a framework for strengthening international development assistance in order to assess the possibility of giving more emphasis to the social priorities for children.

44. The Committee also suggests that the clear prevention and prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment within the family, be reflected in the national legislation.

45. The Committee recommends that measures including assistance to disadvantaged families be undertaken to prevent the illegal use of children in the labour force and to prevent juvenile delinquency and the instrumentalization of children in criminal activities. In this connection, it is also suggested that an adequate adjustment of the contents of school curricula so as to incorporate vocational education, in the light of article 28 of the Convention, might contribute to reducing the drop-out rate and prevent the entry of children into the illegal labour market or even their involvement in criminal activities.

46. The Committee recommends that the initial report and written replies 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, and transmitted to the Parliament for further debate and follow-up. In this regard, the Committee also invites the State party to transmit to it the annual reports that the National Observatory for the Problems of Minors will submit to the Parliament, and would like to suggest that such annual reports, as well as the plan of action with specific targets and time-frame for the next five years, should take into consideration the priority areas identified by the Committee in its consideration of the initial report of Italy, as reflected in the relevant summary records.

2. Concluding observations: Ukraine

47. The Committee considered the initial report of Ukraine (CRC/C/8/Add.10/Rev.1) at its 239th, 240th, 241st and 242nd meetings (CRC/C/SR.239-242), held on 2 and 3 November 1995 and adopted* the following observations:

A. Introduction

48. The Committee expresses its appreciation to the Government of Ukraine for the submission of its initial report and its openness and fruitful dialogue. 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 and programme directions, but also the difficulties encountered during implementation of the Convention.

B. Positive aspects

49. The Committee takes note of the attention paid by the Government to the situation of children in the present period of political transition.

50. The Committee welcomes the establishment of mechanisms to deal with children's issues and the question of children's rights, in particular the Parliamentary Commission on Health Care, Mother and Child Welfare with its departments and regional divisions, and the Presidential Committee for Women's, Maternal and Children's Affairs.

51. The Committee notes with appreciation the important efforts by the Government in the field of law reform, especially the revision of the Constitution with a view to incorporating the rights of the child, and several laws such as the Family Code and the Penal Code, which aim to promote and protect children's rights.

52. The Committee also welcomes the adoption by the Government of a number of national programmes aiming at the effective implementation of children's rights in the country and the establishment of a voluntary fund to support children under the auspices of the Parliamentary Commission on Health Care, Mother and Child Welfare.

C. Factors and difficulties impeding the implementation

of the Convention

53. The Committee notes the difficulties facing Ukraine in the present period of political transition and in a climate of social change and deep economic crisis. The Committee also notes the problems relating to the transition economy and that the situation of many children has worsened as a consequence of growing poverty and increasing unemployment. The Committee recognizes that the State party is experiencing major difficulties in countering the negative consequences of the Chernobyl nuclear plant disaster, in particular on the environment and on the physical and psychological health of the population, including children.

D. Principal subjects of concern

54. The Committee expresses its concern as to full compatibility of national legislation, measures and programmes with the provisions and principles of the Convention, particularly with regard to the principles of non-discrimination (art. 2), including in relation to the different age of marriage for girls and boys, the best interests of the child (art. 3) and the right of the child to express his/her opinion in all decisions affecting him/her (art. 12). The Committee also notes that there is a discrepancy in the legislation between the age for completion of mandatory education, which is 15, and the minimum age for labour, which is 16.

55. The Committee is concerned at the insufficient budgetary allocation provided for the implementation of economic, social and cultural rights of children.

56. The Committee is concerned at the insufficient attention paid to the need for an efficient coordinating and monitoring mechanism that could provide a systematic and comprehensive compilation of data and indicators on all areas covered by the Convention and in relation to all groups of children, including children in single-parent families, children of divorced parents, abandoned children and institutionalized children. Such a mechanism would enable the Government to identify areas of concern and to help to define strategies to address them.

57. The Committee is worried by the high rate of abandonment of children, especially new-born babies, and the lack of a comprehensive strategy to assist vulnerable families. This situation can lead to illegal intercountry adoption or other forms of trafficking and sale of children. In this context the Committee is also concerned about the absence of any law prohibiting the sale and trafficking of children, and the fact that the right of the child to have his/her identity preserved is not guaranteed by the law.

58. The Committee expresses its concern at the health status of children, particularly in the aftermath of the Chernobyl nuclear disaster, the increasing child mortality rate, the apparent priority given to curative rather than preventive health care, the low prevalence of breast-feeding, the high number of abortions and insufficient health, education and services on family planning, and the discrepancy between the urban and rural health systems.

59. The Committee is concerned about the absence in Ukraine of a programme involving social work. In particular, the Committee expresses its concern at the situation of the institutionalization, treatment and protection of handicapped children. Alternatives to institutionalization are not sufficiently taken into account; support services to parents who keep their handicapped child at home are inadequate.

60. The Committee regrets that appropriate measures have not yet been taken to effectively prevent and combat 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 and services in that regard. The problem of sexual exploitation of children also requires special attention.

61. The Committee is concerned by the absence of a national information and dissemination strategy regarding the Convention on the Rights of the Child.

62. The present situation in the field of the administration of juvenile justice is a matter of concern to the Committee.

E. Suggestions and recommendations

63. The Committee encourages the Government of Ukraine to pursue the revision of the legislative framework in order to fully reflect the Convention and ensure the realization of children's rights in relation to all the children subject to the jurisdiction of Ukraine, and full compliance with the provisions and principles of the Convention on the Rights of the Child, especially the principles of non-discrimination (art. 2) and the best interests of the child (art. 3), the right to life, survival and development (art. 6) and the right of the child to express his/her opinion in all decisions affecting him/her (art. 12). The Committee suggests that legislation concerning the age of mandatory education and that concerning the minimum age for employment be adjusted and that the age of marriage for girls and boys be the same.

64. The Committee recommends that the State party strengthen the coordination between the different governmental mechanisms involved in children's rights, both at the national and local levels, 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. Closer cooperation with non-governmental organizations should be promoted.

65. The Committee 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 children belonging to the most vulnerable groups.

66. The Committee encourages the Government of Ukraine 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. Budgetary allocations for the implementation of economic, social and cultural rights should be ensured during the period of transition to market economy to the maximum extent of available resources and in the light of the best interests of the child.

67. The Committee is of the opinion that systematic and continuous steps are required to make the provisions and principles of the Convention widely known and understood by adults and children alike, in the light of the Convention. The Convention on the Rights of the Child should be made available in all the languages spoken by minorities in Ukraine and specific training should be provided to all professional groups working with children (judges, teachers, social workers, law enforcement officials, etc.). In the light of the United Nations Decade for Human Rights Education, attention should be given to incorporating the Convention in the school curriculum. The Committee encourages the State party to give further consideration to the establishment of an ombudsperson for children, or of any equivalent permanent and independent complaint and monitoring mechanism. The participation of children themselves in the promotion of the rights of the child is of great importance, especially at the community level.

68. In the light of article 2 of the Convention, measures should be taken to prevent a rise in discriminatory attitudes or prejudices towards children belonging to minority groups, children living in rural areas, Roma children and children afflicted with HIV/AIDS.

69. The Committee would like to see a stronger emphasis placed on primary health care activities, especially in rural areas, which would include the development of educational programmes to cover such matters as family education, family planning, sex education and the benefits of breast-feeding.

70. The Committee encourages international support for measures to cope with the negative consequences of the Chernobyl nuclear disaster, in particular in the social, health and environmental areas.

71. The Committee considers that greater efforts should be made to develop awareness of the important role of the family 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.

72. In view of the high rate of abandonment of children and of abortion, the Committee recommends that the State party adopt a strategy and policy to assist vulnerable families for the support of their children. The adequacy of the current social security system and of the family planning programmes should be evaluated. The Committee also recommends the training of social workers with the aim of mobilizing and strengthening communities.

73. 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 through, for example, guidance and counselling, foster care and education and vocational training programmes. The Committee also recommends the establishment of effective monitoring mechanisms of the realization of the rights of the child placed in an institution.

74. With regard to the sale and trafficking of children, the Committee encourages the Government to clearly prohibit this illegal activity and to ensure that the right of the child to have his/her identity preserved is fully endorsed. The Committee also recommends that the State party consider the ratification of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

75. The Committee further suggests that the clear prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment in the family, be reflected in the national legislation. The Committee also suggests the development of procedures and mechanisms to monitor complaints of maltreatment and cruelty within or outside the family. Special programmes should be set up to promote physical and psychological recovery and social reintegration of child 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, in the light of article 39 of the Convention.

76. The Committee recommends that the State party envisage the possibility of transferring the supervision of correctional labour colonies for juveniles from the Ministry of the Interior to the structure it may consider the most appropriate to ensure the promotion and protection of children's rights.

77. In the field of the administration of juvenile justice, the Committee recommends that the current legal reform take fully into account the Convention on the Rights of the Child, in particular articles 37, 39 and 40, and that 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, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system and the full independence and impartiality of the juvenile judges. 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.

78. The Committee encourages the State party to disseminate widely the State party's 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 cooperation with non-governmental organizations be pursued.

3. Concluding observations: Germany

79. The Committee considered the initial report of Germany (CRC/C/11/Add.5) at its 243rd to 245th meetings (CRC/C/SR.243-245), held on 6 and 7 November 1995, and adopted* the following concluding observations:

A. Introduction

80. The Committee notes that the report prepared by the State party offered a comprehensive explanation of the legislative framework for the implementation of the Convention; however, it did not contain sufficient information on the actual implementation of the principles and provisions of the Convention throughout the country. The Committee, therefore, expresses its appreciation for the frank and self-critical approach of the delegation to answering the questions raised by the Committee and for the clarifications regarding the measures being taken and envisaged for the implementation of the Convention. The Committee welcomes the constructive discussion and exchange of views with the delegation.

B. Positive factors

81. The Committee welcomes the statement by the delegation expressing the willingness of the State party to consider reviewing the declarations made to the Convention with a view to their possible withdrawal.

82. The Committee welcomes the declaration made by the State party that

the participation of children aged 15 and over as soldiers in armed conflict is not compatible with the best interests of the child, as well as the willingness of the Government to support the drafting of an optional protocol to the Convention in this area. The State party's support for the international call for a ban on the manufacturing and trade in anti-personnel land-mines is also warmly welcomed.

83. The Committee notes with satisfaction that a committee of experts has been established to prepare a comprehensive picture of the actual situation of children in Germany and has embarked upon its work, with a view to contributing to the Child and Youth report to be presented to the Bundestag and Bundesrat.

84. The Committee acknowledges the determination of the State party to prevent and combat xenophobic tendencies and manifestations of racism. The Government is to be commended for the extensive efforts undertaken to ensure the involvement of and effective cooperation between the Federal, Länder and local authorities in the implementation of a country-wide campaign to prevent and combat such phenomenon and to promote ethnic and racial harmony, in the general framework of the Youth Campaign launched by the Council of Europe.

85. The Committee also appreciates the willingness of the State party to undertake research and additional measures for the early detection and prevention of violence and sexual abuse within the family. Equally, the Committee welcomes the State party's willingness to organize initiatives to educate the media about the need to protect children from harmful influences.

86. The measures being taken by the Government to prepare the ground for the future ratification by Germany of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption are welcomed.

87. The Committee acknowledges the efforts made by the State party with a view to accepting comparatively large numbers of refugees and asylum-seekers, particularly from the former Yugoslavia.

88. With regard to the efforts undertaken by the State party to combat the sexual exploitation of children, the Committee notes with satisfaction that the Criminal Law has been extended to make sexual abuse of children abroad a

criminal offence. In addition, note is taken of the recent measures to make the possession of pornographic materials featuring children a punishable offence.

89. The Committee takes note with appreciation of the support of the State party for the International Labour Organization's programme for the elimination of child labour.

90. The Committee notes with interest that as of 1996 every child in Germany will have the legal right to a place in a kindergarten.

D. Principal subjects of concern

91. The Committee regrets the extent of the declarations made by the State party to the Convention. It is the view of the Committee that several of the declarations made raise concern as to their implications and compatibility with the full enjoyment of the rights recognized by the Convention.

92. It is a matter of concern to the Committee that insufficient attention appears to have been given to the matter of the establishment of an effective coordination and monitoring mechanism at the Federal, Land and local levels for the implementation of the Convention. Such a mechanism is of essential importance for the evaluation and promotion of the development of policies and programmes for the benefit of children, in the light of the Convention.

93. The Committee is concerned about the insufficient awareness and understanding among adults and children of the principles and provisions of the Convention.

94. While acknowledging the clearly stated commitment of the State party to take the Convention as the framework for action on behalf of the child, the Committee is concerned at the insufficient reflection given to the child as a subject of rights as provided for in the Convention in national legislation, policy and programmes. In this regard, it is of concern to the Committee that the incorporation of the general principles of the Convention as laid down, inter alia, in its articles 2 and 3 appears to have been neglected.

95. With respect to the implementation of articles 12, 13 and 15 of the Convention insufficient attention has been accorded to ensuring the involvement of children in decisions, including within family, and in administrative and judicial procedures regarding them.

96. The Committee recognizes that while considerable efforts have been undertaken by the Government and substantial progress has been achieved in ensuring complete unity between the old and new Länder, the goals of equalizing living conditions and establishing comparable structures for child and youth services throughout the country remain to be accomplished. Thus, the Committee remains concerned about the prevailing disparities in living standards and in the quality of services between the different Länder and about the difficulties faced by particularly vulnerable groups in society, such as children born out of wedlock and single-parent families.

97. The Committee remains concerned about the extent to which account is taken of the special needs and rights of children in asylum-seeking and refugee situations. Procedures governing asylum-seeking children, particularly those relating to family reunification, expulsion of children to safe third countries and the "airport regulation" give cause for concern. In this respect the Committee notes that the guarantees provided for in the Convention, in particular in its articles 2, 3, 12, 22 and 37 (d) do not appear to be complied with, while insufficient attention seems to have been ensured to the implementation of articles 9 and 10 of the Convention. The Committee also notes with concern that the provision of medical treatment

and services to asylum-seeking children does not appear to be interpreted in the light of the principles and provisions of the Convention, in its articles 2 and 3.