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

THE COMMITTEE ON THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . 4

II. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . 1 - 15 5

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . 4 - 8 5

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6

E. Pre-sessional working group. . . . . . . . . . . . . . . . . . . . . . 10 - 13 6

F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7

G. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . . 15 7

OF THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 240 8

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 18 8

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . 19 - 240 8

Korea. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 - 181 26

A. Methods of work of the Committee. . . . . . . . . . . . . . . . . 241 - 248 39

competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 - 263 40

VI. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 52

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . 59

as at 26 January 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

on the Rights of the Child as at 26 January 1996. . . . . . . . . . . . . . . . . 71

thirteenth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Committee on the Rights of the Child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

to the United Nations Office at Geneva. . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Settlements (Habitat II). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

IX. General discussion on "The child and the media". . . . . . . . . . . . . . . . . . 80

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Reaffirming the importance it attaches to maintaining effective cooperation and meaningful dialogue with United Nations bodies active in the field of human rights and in areas of importance to the realization of children's rights,

Recognizing 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,

Stressing the importance of ensuring the involvement of the Committee in the United Nations Conference on Human Settlements (Habitat II) and in its preparatory process,

Recalling the importance of the right to housing as an illustration of the indivisibility and interdependence of children's human rights,

1. Welcomes the participation of the Committee in the Expert Group Meeting on the Human Right to Adequate Housing, organized by the Centre for Human Rights and the United Nations Centre for Human Settlements (Habitat) as well as the attention paid by the Meeting to the specific situation of children;

2. Also welcomes the decision of UNICEF to organize, in cooperation with the United Nations Centre for Human Settlements (Habitat) an expert seminar on children's rights, housing and neighbourhood, which will take as a basic reference the principles and provisions of the Convention on the Rights of the Child;

3. Decides to be represented by one of its members at that expert Seminar and urges the Secretariat to adopt all necessary measures to ensure such participation;

4. Also decides to submit a written contribution to the United Nations Conference on Human Settlements (Habitat II) and follow closely the drafting process of the Habitat Agenda with a view to ensuring that the situation and the fundamental right to adequate housing of children are clearly reflected in the document;

5. Stresses the importance of ensuring the participation of a joint delegation of human rights treaty bodies in the Habitat II Conference as a means to reinforce the human rights component in the deliberations of and follow-up to the Conference.

1. As at 26 January 1996, the closing date of the eleventh session of the Committee on the Rights of the Child, there were 187 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 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.

3. The Committee on the Rights of the Child held its eleventh session at the United Nations Office at Geneva from 8 to 26 January 1996. The Committee held 28 meetings (260th to 287th). An account of the Committee's deliberations at its eleventh session is contained in the relevant summary records (CRC/C/SR.260-266, 269, 272-274, 276-284 and 287). At the opening of the session, the High Commissioner for Human Rights, Mr. José Ayala Lasso, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child that had taken place within the framework of the General Assembly, as well as other treaty-monitoring bodies. The Committee held a press conference at the end of its session.

4. All the members of the Committee except Mr. Swithun Tachiona Mombeshora attended the eleventh session. A list of the members, showing the expiry dates of their terms of office, appears in annex II to the present report.

5. The following United Nations bodies were 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: International Labour Organization, World Health Organization.

7. A representative of the International Committee of the Red Cross also attended.

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

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 Federation Terre des Hommes.

International Inner Wheel, NGO Group for the Rights of the Child, One World Productions.

9. At its 260th meeting, on 8 January 1996, the Committee adopted the following agenda (CRC/C/47):

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

10. In accordance with the decision of the Committee at its first session, a pre-sessional working group met at Geneva from 20 to 24 November 1995. All the members except Mr. Swithun Tachiona Mombeshora and Mrs. Marilia Sardenberg participated in the working group. The working group elected its Bureau. Representatives of the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization and the Food and Agricultural Organization of the United Nations 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 from various non-governmental organizations, 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 eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of eight countries: Croatia, Cyprus, Finland, Iceland, Lebanon, Mongolia, Republic of Korea and Yemen. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting, if possible before 10 April 1995, written answers to the issues raised in the list.

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 for the consideration of reports and to clarify the purposes of the dialogue with representatives of States parties.

14. The Committee considered the organization of work at its 260th meeting, on 8 January 1996. The Committee had before it the draft programme of work for the eleventh session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its tenth session (CRC/C/46).

15. The Committee noted that the twelfth session would take place from 20 May to 7 June 1996 and the pre-sessional working group would meet from 29 January to 2 February 1996.

(a) Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41) and 1997 (CRC/C/49);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/48);

(c) Note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.4);

(d) 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.2). The Committee was informed that, in addition to the seven reports that were scheduled for consideration by the Committee at its present session (see paras. 19-240 below) and those which had been received prior to the Committee's tenth session (see CRC/C/46, para. 16), the Secretary-General had received the initial reports of Australia (CRC/C/8/Add.31 and annex), Ghana (CRC/C/3/Add.39) and the Lao People's Democratic Republic (CRC/C/8/Add.32). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

17. A list of initial reports considered by the Committee, as of 26 January 1996, as well as a provisional list of initial reports scheduled for consideration at the Committee's twelfth and thirteenth sessions are contained respectively in annexes IV and V to the present report.

18. In response to the invitation addressed to the Committee by the Government of Tunisia during the consideration of the latter's initial report, two members of the Committee (Mrs. Akila Belembaogo and Mr. Youri Kolosov) participated in a meeting held in Tunis on 10 and 11 January 1996 to commemorate the National Day of the Child.

19. At its eleventh session, the Committee examined initial reports submitted by seven States parties under article 44 of the Convention. It devoted 19 of its 28 meetings to the consideration of reports (CRC/C/SR.261-266, 269, 272-274, 276-284).

20. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its eleventh session: Federal Republic of Yugoslavia (CRC/C/8/Add.16), Croatia (CRC/C/8/Add.19 and annex), Yemen (CRC/C/8/Add.20), Republic of Korea (CRC/C/8/Add.21), Iceland (CRC/C/11/Add.6), Finland (CRC/C/8/Add.22) and Mongolia (CRC/C/3/Add.32).

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 concerned, except the Federal Republic of Yugoslavia, sent representatives to participate in the examination of their respective reports.

23. In a letter dated 3 January 1996 addressed to the Chairperson of the Committee, the Permanent Representative of the Federal Republic of Yugoslavia to the United Nations Office at Geneva indicated that his Government was not in a position to take part in the Committee's deliberations. (See annex VI for the full text of the letter.) Reference was made in the letter to the fact that the position of the Federal Republic of Yugoslavia remained unchanged from that explained in a previous letter of 24 March 1994 (see CRC/C/43, annex VI). In its reply dated 9 January 1995, the Committee took note of the reasons presented by the Government of the Federal Republic of Yugoslavia as underlying its position; reiterated that it considered the Federal Republic of Yugoslavia duty-bound as a State party to the Convention and would continue to proceed on the basis of that understanding; referred to the fruitful dialogue established between the Federal Republic of Yugoslavia and the Committee and to the valuable opportunity that the participation of its Government representatives would provide to pursue the dialogue in the best interests of the children of the Federal Republic of Yugoslavia; and expressed the hope that the Government would reconsider its decision (for the full text of the letter, see annex VII).

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

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

26. The Committee considered the initial report of Yemen (CRC/C/8/Add.20) at its 261st, 262nd and 263rd meetings (CRC/C/SR.261-263), held on 9 and 10 January 1996, and adopted

the following concluding observations:

27. The Committee notes with appreciation the submission of the initial report of Yemen and its self-critical approach in identifying a number of areas of concern. It regrets, however, that the report has not followed the guidelines for the preparation of States parties' initial reports and that some areas covered by the Convention have not been addressed therein.

28. The Committee welcomes the comments made by the State party's delegation on the importance it attaches to the guidance offered by the Committee as to steps to be taken to implement the Convention effectively, including with a view to bringing domestic law into line with the Convention.

29. The Committee takes note that Yemen has had to face, during the last few years, serious political, economic and social challenges, including those arising from the unification process, the return of a large number of Yemeni expatriates after the Gulf war, the war of 1994 and the substantial influx of refugees from the Horn of Africa. Those factors have adversely affected the situation of children.

30. The Committee also notes the persistence of certain traditions and customs which are contrary to the principles and provisions of the Convention.

31. The Committee is concerned about the unclear status of the Convention in the domestic legal framework and about the insufficient steps taken to bring existing legislation into full conformity with the Convention, including in the light of the general principles of the Convention, in particular the principles of non-discrimination (art. 2), the best interests of the child (art. 3) and respect for the views of the child (art. 12).

32. The Committee is also concerned at the lack of conformity of legislative provisions with respect to the legal definition of the child, as is the case of the minimum age for marriage and the age of criminal responsibility, which is set at too low an age level.

33. The Committee expresses its deep concern at the persistence of discriminatory attitudes towards girls, hampering the enjoyment of their basic rights including in situations of early marriage. The lower marriageable age for girls than for boys raises serious questions as to its compatibility with the Convention, in particular article 2.

34. The Committee is also concerned at the insufficient measures and programmes for the protection of the rights of the most vulnerable children, in particular girls, children living in rural areas, children victims of abuse, children affected by armed conflicts, disabled children, "akhdam" children and children who are forced to live and/or work in the streets, including child beggars.

35. The Committee expresses its deep concern about the insufficient measures taken to ensure the full implementation of the provisions and principles of the Convention in the area of the administration of juvenile justice including articles 37, 39 and 40.

36. The Committee regrets the insufficient steps taken to create awareness of the Convention and to disseminate information on the rights of the child to children and adults alike, as well as the lack of training activities for professional groups working with and for children, including teachers, social workers, health personnel, judges and law enforcement officials.

37. The lack of a comprehensive policy on children and of a systematic and carefully planned coordination of mechanisms and programmes to monitor the situation of children is a matter of concern. The Committee also notes the insufficient measures taken to gather reliable quantitative and qualitative data, to evaluate the progress achieved and to assess the impact of policies adopted concerning children.

38. As regards the implementation of article 4, the Committee is concerned about the insufficient measures taken to ensure the implementation of economic, social and cultural rights to the maximum extent of available resources, in particular in relation to the most vulnerable groups.

39. The Committee recommends that the State party pursue its efforts with a view to ensuring full compatibility of its national law with the Convention on the Rights of the Child, taking due regard of the general principles of the Convention, including those relating to the prohibition of discrimination, the best interests of the child and respect for the views of the child. In this regard, special measures should be taken to raise the minimum age for marriage while ensuring that the age is the same for boys and girls. Similarly, the age of criminal responsibility should not be set at too low an age and it should be ensured that below such an age, children are presumed not to have the capacity to infringe the penal law, in the light of article 40, paragraph 3 (a), of the Convention.

40. The Committee encourages the Government of Yemen to pursue its efforts to promote advocacy and create a wider awareness and understanding of the principles and provisions of the Convention, in the light of article 42 of the Convention. The Government should pursue such efforts in close cooperation with community and religious leaders as well as with non-governmental organizations, with a view to promoting change in persisting negative attitudes towards children, particularly those belonging to the most vulnerable groups.

41. The Committee encourages the State party to pay special attention to enhancing the role of the family in the promotion of children's rights, and in this regard stresses the importance of the status of women in family and social life. In this regard, the Committee recognizes the importance of developing family counselling services, both in urban and rural areas.

42. The Committee recommends that the State party ensure specific training activities on the Convention to professional groups working with and for children, including teachers, social workers, health personnel, judges and law enforcement officials. Attention should be given to incorporating the

Convention in school curricula as recommended by the General Assembly in proclaiming the United Nations Decade for Human Rights Education and by the World Conference on Human Rights.

43. The Committee also recommends that the State party establish a permanent and multidisciplinary mechanism for the coordination and monitoring of the implementation of the Convention on the rights of the child, both at the national and local levels, in urban as well as rural areas, and to allow for the definition of a comprehensive policy on children. Closer cooperation with non-governmental organizations should also be promoted.

44. The Committee encourages the Government to improve the system of collecting statistical and other data in all areas covered by the Convention, with a view to evaluating progress in the realization of children's rights. Appropriate disaggregated indicators should be identified in order to pay particular attention to all groups of children, including the most vulnerable ones such as girls, children living in rural areas, children victims of abuse, children affected by armed conflicts, disabled children, "akhdam" children and children who are forced to live and/or work in the streets. Research activities should also be undertaken in these areas in cooperation with academic institutions and non-governmental organizations.

45. The Committee recommends that the State party, in the light of article 4 of the Convention and of the principles of non-discrimination and the best interests of the child, undertake all appropriate measures, to the maximum extent of the available resources, to ensure budgetary allocations to services for children, particularly in the areas of education and health, and that priority attention is paid to the protection of the rights of children belonging to the most disadvantaged groups, including girls, children living in rural areas, children affected by armed conflicts, disabled children, "akhdam" children and children who are forced to live and/or work in the streets.

46. The Committee recommends that special protection measures be adopted and implemented in relation to refugee children, children involved with the juvenile justice system, particularly when deprived of their liberty, children involved in child labour and children forced to live and/or work in the streets, including child beggars. In this regard, the Committee encourages the State party to take into consideration the recommendations it has formulated at its thematic discussions, including on the economic exploitation of the child and the administration of juvenile justice.

47. The Committee recommends that a progress report be prepared in accordance with the Committee's guidelines for initial reports and taking into account the concerns expressed during the dialogue held with the Government, and submitted to the Committee by January 1997.

48. The Committee recommends that in the light of article 44, paragraph 6, of the Convention, the report submitted by the Government, the relevant summary records of the debate with the Committee and its concluding observations be made widely available to the public.

49. The Committee considered the initial report of Mongolia (CRC/C/3/Add.32) at its 264th to 266th meetings (CRC/C/SR.264-266), held on 10 and 11 January 1996, and adopted* the following concluding observations:

50. The Committee expresses its appreciation to the Government of Mongolia for the submission of its initial report, its written information in reply to the questions set out in the list of issues (CRC/C.11/WP.2) and its constructive 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.

51. The Committee takes note with satisfaction that the Government has put children high on its political agenda, during a difficult period of political and economic transition, by organizing several high-level meetings such as the National Summit on Child Protection and Development (1995), by declaring 1995 the Year for Children and 1996 the Year for Education, and by allocating 20 per cent of its national budget to education.

52. The Committee welcomes the State party's wish to seek advice and technical assistance to ensure full implementation of the provisions of the Convention on the Rights of the Child in its legislation and in the field of the administration of juvenile justice.

53. The Committee notes the efforts by the Government in the field of law reform, especially the adoption of a new Constitution, a new Law on Education and the current drafting of legislation on the rights of the child.

54. The Committee also welcomes the establishment of mechanisms to deal with children's issues and the question of children's rights, in particular the National Centre for Children (NCC) and the National Council for Children.

55. The Committee is encouraged by the Government's willingness to disseminate the Convention on the Rights of the Child within Mongolian society and to make public through the media, and especially television programmes, all its related actions.

56. The Committee notes the difficulties facing Mongolia in the present period of political transition, social change and deep economic crisis. The situation of many children has worsened as a consequence of growing poverty and increasing unemployment. The Committee also notes the geographical and climatological particularities of the State party which can, to some extent, affect the daily life of children.

57. The Committee is worried about the impact on children of the difficult economic situation prevailing in the country. In this connection, it is particularly concerned as to whether appropriate measures have been undertaken to protect children, particularly those belonging to the most vulnerable groups, in the light of articles 3 and 4 of the Convention.

58. The Committee is concerned at the insufficient attention paid to the need for an efficient coordination mechanism between various ministries, as well as between central authorities and local authorities, in the implementation of policies for the promotion and protection of the rights of the child.

59. The Committee is concerned at the insufficient attention paid to systematic and comprehensive data collection, identification of appropriate indicators and monitoring mechanisms in all areas covered by the Convention, especially the most hidden such as child abuse or ill-treatment, but also in relation to all groups of children including minority group children, nomad children, children of single-parent families, children in rural areas, institutionalized and disabled children, and children living and/or working on the streets.

60. The Committee expresses its concern that the State party has not yet taken fully into account in its legislation the general principles of the Convention: article 2 (principle of non-discrimination), article 3 (principle of the best interests of the child), article 6 (right to life, survival and development) and article 12 (respect for the views of the child).

61. The Committee is concerned at the insufficient steps undertaken to ensure birth registration of children and by the fact that children living in remote areas might not be registered and therefore be deprived of their fundamental rights.

62. The Committee is worried by the absence of legislation regulating international adoptions.

63. The Committee is worried by the high rate of school drop-outs, especially among boys living in rural areas, and the reported increase of child labour. It is also concerned by the difficulties encountered by children living in rural and remote areas and by disabled children in their access to basic services such as health care, social services and education.

64. The Committee is concerned that appropriate measures have not yet been taken to prevent and combat effectively ill-treatment of children within the family and about the insufficient information existing on this matter. The problem of sexual exploitation of children also requires special attention.

65. 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.

66. The Committee recommends that the State party take further steps to strengthen coordination between the different governmental mechanisms involved in human rights and children's rights, at both central and local levels, and ensure closer cooperation with non-governmental organizations.

67. The Committee further recommends that the State party undertake to gather all necessary information on the situation of children in the various areas covered by the Convention, including on children belonging to the most vulnerable groups. It also suggests that a multidisciplinary monitoring system be established to assess the progress achieved and difficulties encountered in the realization of the rights recognized by the Convention at the central 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 social disparities and traditional prejudices. The Committee also encourages the State party to consider the establishment of an independent mechanism, such as an ombudsperson.

68. 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. The Committee wishes to encourage the State party to further develop a systematic approach to increasing public awareness of the participatory rights of children in the light of article 12 of the Convention.

69. 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, social workers and judges, and that human rights and children's rights be included in their training curricula.

70. Children's birth registration should be given priority to ensure that every child is recognized as a person and enjoys his/her full rights. The Committee encourages further steps to ensure birth registration of children, including the establishment of mobile registration offices.

71. In the light of article 2 of the Convention, the Committee also recommends that the State party take all necessary measures to fight school drop-out among boys in rural areas and to prevent their involvement in child labour, and to reinforce the access to basic services for children (health, education and social care) in rural areas and for disabled children throughout the country.

72. The Committee recommends that, in the framework of its legal reform, the Government take fully into account the provisions of the Convention on the Rights of the Child, especially its general principles (arts. 2, 3, 6 and 12).

73. In relation to intercountry adoption, the Committee is of the opinion that the State party should, as soon as possible, draft and adopt legislation to regulate this activity. The State party is also encouraged to ratify the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.

74. In order to promote the protection of refugee children, the Committee recommends that the State party ratify the 1951 Convention relating to the Status of Refugees.

75. The Committee encourages the Government of Mongolia to pay particular attention to the full implementation of article 4 of the Convention and to ensure judicious distribution of resources at the central 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.

76. In the light of article 19 of the Convention, the Committee further recommends that the Government take all appropriate measures, including legislative ones, to combat ill-treatment within the family and sexual abuse of children. It suggests, inter alia, that the authorities gather information and initiate a comprehensive study to improve understanding of the nature and scope of the problem and set up social programmes to prevent all types of child abuse.

77. In the field of the administration of juvenile justice, the Committee recommends that legal reform be pursued and take fully into account 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. Particular attention should be paid to the prevention of juvenile delinquency, the protection of the rights of children deprived of their liberty, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system and full independence and impartiality of the judiciary dealing with juveniles.

78. In the framework of the ongoing technical assistance programmes of the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch, law reform in the field of children's rights and training of professionals working with children should be initiated. Special attention should be paid to training in the relevant international standards, in particular for judges, law enforcement officials, correctional officers and social workers. The Government is encouraged to consider requesting this specific assistance from the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch. It is further suggested that the Government consider seeking technical assistance from other relevant organizations, including the International Labour Organization, the Office of the United Nations High Commissioner for Refugees, the United Nations Children's Fund and the World Health Organization. The Committee also encourages the international community to provide technical assistance and advice to the State party in its current efforts.

79. The Committee encourages the State party to disseminate widely the State party's report, the summary records of the discussion of the report in 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 reinforced.

80. The Committee considered the initial report of the Federal Republic of Yugoslavia (Serbia and Montenegro) (CRC/C/8/Add.16) at its 269th meeting (CRC/C/SR.269), held on 15 January 1996. As the Committee was unable to benefit from the presence of the representatives of the State party, the examination of the State party's report in the Committee proceeded on the basis of written information submitted by the Government as well as other documents received, including the reports of the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia. Subsequent to the consideration of this information and taking into account the recent positive developments in the former Yugoslavia, the Committee decided to request the State party to submit a progress report to it before the end of 1997. In view of the considerable importance the Committee attaches to a dialogue with the State party's representatives, the Committee expresses the hope that on the occasion of the examination of the requested progress report, the Committee will be able to benefit from the presence of and exchange of views with the representatives. The Committee further decided to adopt* the following concluding observations:

81. The Committee recognizes that serious difficulties have been faced by the Federal Republic of Yugoslavia since it became a party to the Convention. Mention may be made, in this regard, of the State party's transition to a market-oriented economy and the attendant problems experienced by the population during this period. The break-up of the former Yugoslavia produced other serious consequences, including of an economic nature.

82. Although the State party has not been the theatre of war, the consequences of hostilities in the neighbouring territories has had a severe impact on the population.

83. The large influx of refugees has placed a further strain on resources in the Federal Republic of Yugoslavia, especially as the State party appears to have received less international support in sharing the refugee burden than other countries in the region.

84. Such consequences of the war on the territory of the former Yugoslavia, combined with the realities of sanctions seem to have led to a worsening of the indicators of the health and education situation of the children

of the Federal Republic, including lower immunization coverage, more nutrition-related disorders and illnesses, and an increase in the number of children suffering from mild and serious mental disorders. The sanctions against the Federal Republic may have led to the isolation of professionals dealing with the rights of the child.

85. The Committee remains uncertain as to the extent to which a system for the independent monitoring of the rights of the child, such as an ombudsperson for children or a similar national institution, exists and operates in the State party.

86. The Committee raises various points of concern with reference to the implementation of article 2 of the Convention relating to non-discrimination. It expresses grave concern about the situation of Albanian-speaking children in Kosovo, especially with regard to their health and education, as well as the degree to which this population is protected from abuse by the police. From the information reported to the Committee, it appears that the rejection by the population of the Government's decision to apply a uniform education system and curriculum has been followed by the summary dismissal of 18,000 teachers and other education professionals and to more than 300,000 school-age children not attending school. The subsequent development of a parallel system of education and the tensions surrounding this development in Kosovo have resulted in further detrimental effects, including the closure of schools and the harassment of teachers.

87. The Committee also draws attention to the serious problems threatening the health-care system which have involved large-scale dismissals of health personnel, thereby adversely affecting the health and social protection of Albanian-speaking children in Kosovo.

88. Additionally, the Committee expresses its concern at the information it has received concerning the abuse of children and teachers by the police as well as at the prevailing opinion of the victims of such abuse that the police are able to act with impunity.

89. The Committee also wishes to express its concern over reports of the treatment of persons, including children belonging to a religious minority (Muslims), in Sandjak where incidents of harassment, police abuse, violent house searches and commission of human rights violations with impunity are alleged to have occurred. There have also been reports about serious incidents of discrimination against the Roma (Gypsy) population.

90. The Committee is concerned at the information brought to its attention concerning the hostile sentiments apparently broadcast by certain mass media. The Committee is worried about tendencies in the media which may lead to the incitement of hatred against certain ethnic and religious groups.

91. The Committee is deeply concerned about the absence of pluralism in the activities of the major organs of the mass media, limiting the freedom of the child to receive information and the freedom of thought and conscience, as provided for in articles 13 and 14 of the Convention.

92. The Committee remains uncertain as to the extent to which the State party has undertaken measures to ensure that the traditional view of children as mere objects of care has been replaced by an understanding and recognition of the child as a subject of rights. In this regard, clarification is requested as to the applicability of the provisions of the Constitution guaranteeing respect for the civil rights and freedoms of children, including the right to privacy provided for in article 16 of the Convention.

93. The Committee is concerned that the problem of statelessness has not been resolved, in particular with regard to refugee children and children born outside the territory of the Federal Republic of Yugoslavia and subject to its jurisdiction.

94. The Committee wishes to express its concern about the seeming overemphasis on the resort to and use of institutional care for children in need of assistance. The Committee is of the opinion that this form of alternative care may not necessarily be the most effective, as it is reported that the assistance provided may not be of consistent quality and that insufficient attention is given to preparing children for their eventual return to their family or their integration into the community.

95. The Committee is concerned that there appears to be an increase in violent and aggressive behaviour among children and adolescents in the State party. In this context, the problem of the abuse of children is also a concern of the Committee.

96. The Committee wishes to express concern at information brought to its attention which indicates that disparities exist between regions and between rural and urban areas with regard to the provision of health care to children. The Committee also notes with concern that according to other information brought to its attention there has been a discernible increase in the number of children, including refugee children, with mild and serious mental disorders. The situation of disabled children generally is an issue of concern to the Committee. The Committee requires more concrete information on the measures taken for the early identification of disabilities and the prevention of neglect or discrimination against children with disabilities.

97. The Committee takes note that concern is expressed that the costs of children's education may be growing beyond the reach of certain families. It is also noted that a decline in preschool education has been recorded in recent years. Reports of the progressive exclusion of teaching in languages other than Serbian, such as Bulgarian, are also disquieting to the Committee.

98. The Committee wishes to draw the attention of the State party to the constraints that are reported to be hampering the reunification of unaccompanied refugee children with their families and to the Committee's concern about the extent to which the rights of these children, most of whom are living in institutions, are being guaranteed and protected.

99. The Committee is deeply concerned about administrative measures which have allegedly made it impossible for applicants from certain regions to acquire refugee status. It is reported that once refugee status is denied the

applicants, including children, no longer have a legal basis for remaining in the country and consequently become vulnerable to police harassment and to the loss of social welfare entitlements.

100. While the Committee notes that most refugees seem to be placed with host families, it expresses concern that the prevailing economic situation of these families is reported to be growing more precarious.

101. Various matters relating to juvenile justice are a cause of concern to the Committee. For example, the Committee is concerned that social welfare agencies and services might enjoy wide discretionary powers to the detriment of the application of the principle of the rights of the child as the framework for the functioning of the administration of the juvenile justice system. The apparent lack of mechanisms for the registration by children of complaints of ill-treatment and for the full and impartial investigation of those complaints is also a cause for concern. Additionally, the Committee is concerned as to the adequacy of measures taken for the protection of the rights of the child during investigation procedures and during the period of pre-trial detention.

102. The Committee encourages the State party to review its reservation to the Convention with a view to considering its withdrawal.

103. While acknowledging that activities have been undertaken to make the Convention known to adults and children alike, the Committee is of the opinion that further efforts seem to be required in this respect.

104. It is the opinion of the Committee that training and retraining programmes and opportunities need to be systematically developed for professionals working with or for children, in particular the police and law enforcement and army personnel, to ensure that they understand children's rights and their responsibility for actions taken which impact on the promotion and protection of the rights of the child.

105. The Committee suggests that the State party consider the possibility of undertaking an assessment of the effectiveness of existing arrangements for coordinating the activities undertaken within and between ministries and central and local authorities for the promotion and protection of children's rights, with a view to determining whether measures are required to improve the system of coordination and cooperation for the implementation of the Convention in the country.

106. Within the framework of nurturing further international cooperation, the Committee encourages the State party to continue to give serious consideration to the question of the establishment of an office in Belgrade within the ambit of the work of the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia of the Commission on Human Rights. The Committee also encourages the State party to cooperate in the work of the International Criminal Tribunal for the Former Yugoslavia.

107. The Committee strongly recommends that a solution be found to the concerns of the Committee for the situation of Albanian-speaking children in Kosovo, especially in the light of the principles and provisions of the Convention, including those of its article 3 relating to the best interests of the child. The Committee observes that the State-controlled mass media, in the interests of healing and building trust within the country, have a role and a responsibility to contribute to the efforts to foster tolerance and understanding between different groups and that the broadcasting of programmes that run counter to this objective should end. The Committee recommends that the securing and dissemination of broader and more diverse sources of information designed for children, including by broadcasting them on the mass media, would assist in ensuring further implementation of the principles and provisions of the Convention, including those of its article 17. It is also suggested that measures should be taken to improve the activities of the mass media in imparting information for children in their own language, including Albanian.

108. On the basis of information presented to it, the Committee suggests that the State party give further consideration to the need to allocate greater resources to education and to reverse any trends in the education system which may perpetuate gender discrimination or stereotyping as well as to addressing other problems, including those relating to teaching in national languages.

109. Note is taken of the provisions of article 2 of the Primary School Act by which certain of the aims of education laid down in article 29 of the Convention have been incorporated into school curricula. It is the view of the Committee that the principle contained in article 29 (1) (d) which stipulates that "the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin" is an important dimension that should be integrated into curricula at all levels of schooling. School curricula materials should be developed, if they do not already exist, which aim at educating children in the spirit of tolerance of and regard for different civilizations.

110. The Committee takes note that the principle of respect for the views of the child has been reflected in such situations as the change of name or adoption of the child. While it is also acknowledged that the expression of children's views in schools exists through the activities of students and class groups, the Committee is of the opinion that the undertaking of further pro-active measures to encourage children to participate in family, community and social life, in general, merits greater attention.

111. Legislative and other measures should be undertaken to ensure that children are protected from statelessness and that for each child under the jurisdiction of the State, the rights set forth in the Convention are respected and ensured.

112. The Committee is of the opinion that there appears to be a need for more pre-marriage counselling and family-life education programmes, including as a means to prevent family breakdown.

113. As regards the efforts required to reduce the recourse to institutional care for children in difficult situations, the Committee recommends that greater attention be paid to the development and use of alternative forms of care such as foster care and adoption.

114. With reference to the implementation of article 19 of the Convention and the efforts required to prevent and combat the abuse of children, the Committee recommends that consideration be given to the elaboration of a comprehensive and integrated public information campaign, to the undertaking of a review of the national legislative measures in this field and their compliance with the Convention's provisions, as well as to the further development of training programmes for professionals involved in this field of work.

115. With a view to contributing to the most effective use of scarce resources, the Committee recommends that the State party accord greater attention and consideration to the development of a strong primary health-care system. Such a system would have the benefits of according due attention to developing a culture of nutrition, hygiene and sanitation education, transmitting health skills to parents, and enhancing participatory approaches to the distribution and use of resources throughout the health-care system.

116. In connection with the implementation of article 39 of the Convention, the Committee suggests that the State party consider as a matter of priority the further development of rehabilitative programmes. In this regard, the problem of the apparent scarcity and inadequacy of programmes for the treatment of post-traumatic stress disorders, identified primarily in refugee children, needs to be adequately addressed.

117. In the case of alleged violations of human rights committed by groups of individuals, the Committee emphasizes the responsibility of the authorities to undertake measures to protect children from such acts. It is also the opinion of the Committee that those accused of abuses should be tried and, if found guilty, punished. In addition, the outcome of investigations and cases of convictions should be widely publicized in order to combat any perception of impunity.

118. With regard to the implementation of the provisions of the Convention concerning preventing and combating various forms of exploitation, the Committee wishes to receive further information with respect to the functioning of the labour inspectorate system and the implementation of sanctions for non-compliance with the requirements of the labour legislation.

119. Concerning the application of the provisions of article 33 of the Convention, the Committee suggests that consideration be given, if necessary, to the further development of systems for the collection of reliable data on the problem of drug abuse and to the incorporation of a uniform drug prevention programme within the education system.

120. Further information and research findings on the causes of sexual exploitation and abuse would be welcomed by the Committee. The Committee also suggests that the State party consider the possibility of reviewing its legislation in relation to the age of sexual consent in the light of the concerns raised on this matter by the Committee. It is also the view of the Committee that serious consideration should be given to the possibility of allocating further resources for programmes for the prevention of sexual abuse and exploitation and the rehabilitation of victims, including training of and support to the professionals dealing with these issues and the development of an integrated and coordinated approach to assist both the victims and the perpetrators of such abuse. In connection with this point, the Committee wishes to encourage the State party to consider greater use of the media in relation to awareness-raising and education on the dangers of sexual exploitation and abuse and the issues of HIV/AIDS and other sexually transmitted diseases.

121. In the light of the commitment expressed by the State party, in its written information to the Committee, to publish and widely disseminate its report as well as the summary records and the Committee's concluding observations, the Committee encourages the State party to take the necessary steps. Additionally, the Committee supports the intention of the State party to present the aforementioned publication in the Federal Assembly and to hold a discussion of its contents. The Committee is also encouraged by the media's pledge to give full coverage to the discussion of the State party's report by the Committee.

122. The Committee further proposes that a progress report on the implementation of the Convention, taking into account the concerns raised and observations made during the Committee's discussion, be submitted to the Committee before the end of 1997.

123. The Committee considered the initial report of Iceland (CRC/C/11/Add.6 and HRI/CORE/1/Add.26) at its 272nd, 273rd and 274th meetings (CRC/C/SR.272, 273 and 274), held on 16 and 17 January 1996, and adopted* the following concluding observations.

124. The Committee expresses its appreciation to the State party for its comprehensive report, established in accordance with the Committee's guidelines. It welcomes the self-critical approach taken by the Government of Iceland in preparing its report. The Committee also welcomes the written answers to the Committee's list of issues (CRC/C.11/WP.8), which were submitted on time.

125. The presence of a high-level delegation enabled the Committee to engage in a constructive dialogue with those directly involved in the implementation of the Convention.

126. The Committee welcomes the statement made by the delegation that the declarations made by Iceland upon the ratification of the Convention on its articles 9, paragraph 1, and 37 (c), may be reviewed, with a view to their eventual withdrawal.

127. The Committee notes with appreciation the strengthening of the protection of human rights in general and of children's rights in particular in the Constitution; it particularly welcomes the inclusion in the Constitution of a provision directly based on article 3, paragraph 2, of the Convention. It also notes that important international instruments, such as the Hague Convention on the Civil Aspects of International Child Abduction and the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children, have recently been ratified by Iceland. The commitment of the authorities to ratify in the near future ILO Convention 138 on the Minimum Age for Employment is also noted with satisfaction.

128. The Committee welcomes the establishment of the Office of Children's Ombudsman and its role of disseminating among the public information on the rights of the child and of encouraging compliance with the international instruments ratified by Iceland concerning those rights, among them the Convention.

129. The Committee also welcomes the establishment of the Government Agency for Child Protection in March 1995. Its functions, as a centralized authority providing the Child Welfare Committees with improved support, preparing training programmes for members of the Child Welfare Committees, or informing foster-parents and preparing them to assume their tasks, are of great importance for a better implementation of the rights enshrined in the Convention.

130. The Committee acknowledges the efforts undertaken by the authorities to find creative ways to ensure the effective dissemination of the Convention, such as the establishment of an interministerial working group to decide on the form the publicity campaigns on the Convention should take. It also acknowledges the commitment of the authorities to strengthening their relationships and cooperation with non-governmental organizations working in the field of the protection and promotion of children's rights.

131. With regard to the high number of domestic or other accidents whose victims are children in Iceland, the Committee welcomes the establishment of the Accident Prevention Council in 1994.

132. The Committee welcomes the initiative of the Ministry of Education to appoint an interministerial committee to formulate overall policy with regard to immigrants and to coordinate the authorities' activities in relation to immigrant issues. The establishment, under the auspices of the Ministry of Education, since autumn 1993 of a special programme, for the benefit of teachers at all levels (from nursery schools to secondary schools and adult education), on education for immigrants is also welcomed by the Committee.

133. The recent developments in the area of refugee matters are considered by the Committee to be promising; the establishment of a Refugee Council to organize the acceptance and arrival of refugees in Iceland, with special attention being given to child refugees, and to deal with asylum-seekers whose requests are pending before the authorities is viewed as a very positive measure. Likewise, the Committee welcomes the legal change abolishing the requirement that a person seeking Icelandic citizenship has to add an Icelandic name to his or her original name.

134. With regard to article 7, paragraph 2, of the Convention, the Committee takes note with satisfaction of the intention expressed by the delegation that a government proposal dealing expressly with the status of stateless children will be presented to the Althing in due time.

135. The Committee wishes to emphasize that the Convention provides for the protection and care of children, and in particular for the recognition of the child as the subject of his or her own rights. In this connection, the Committee notes that this essential aspect of the Convention is not yet fully reflected in Icelandic law.

136. While the Committee notes that the Convention is not an integral part of the national legislation, it is concerned that gaps might exist in regard to the reflection of the Convention in national laws and regulations.

137. The Committee stresses the importance of the coordination of sectoral policies of the different governmental agencies and departments dealing with child issues. In view of the large autonomy of the local authorities in the field, among others, of child protection and welfare, the Committee also notes with concern the absence of a mechanism to coordinate the decisions taken and the activities undertaken in this field between the central and local authorities and between the local authorities themselves.

138. The Committee is particularly preoccupied about the disparities of the budget allocations in the field of child protection and welfare between different administrative regions, which may lead to discrimination between children living in different areas, for example in the field of education and after school-time care.

139. While noting the steps taken to disseminate the text of the Convention among students at all school levels, the Committee notes that the inclusion of human rights in general, and of children's rights in particular, as a subject in schools and universities is still pending.

140. The lack of comprehensive and systematic training programmes for professionals working for and with children, such as teachers or social workers, or who are in contact with children, such as policemen, lawyers, magistrates or doctors, on children's rights and on the exercise of their rights, is also a matter of concern to the Committee.

141. The Committee notes that the best interest of the child to spend time in his/her family environment may be infringed by the long working hours of parents and that sufficient measures have not been taken to prevent children from being alone at home during their parents' working hours. In this connection, the insufficient availability of places in nursery schools is of concern.

142. The Committee wishes to encourage the State party to consider the possibility of withdrawing its declarations on the Convention, and would like to be kept informed of developments on this matter.

143. The Committee recommends that steps be taken to have all the substantive provisions of the Convention reflected in national laws or regulations, so that the full protection of the rights enshrined in the Convention is ensured.

144. The Committee recommends that the State party establish a mechanism to enhance the coordination of governmental policies as well as those of central and local authorities in the field of children's rights, with a view to eliminating possible disparities or discrimination in the implementation of the Convention and ensuring that the Convention is fully respected in all parts of Iceland.

145. The Committee encourages the State party to pursue and further develop its policy aimed at disseminating information and at increasing awareness of the Convention. It also urges the authorities to integrate the Convention and children's rights into the training curricula of professional groups dealing with children and in the school and university curricula.

146. The Committee recommends that the budgetary allocations be ensured to the maximum extent of available resources in the light of article 4 of the Convention. In this connection, due attention should also be paid to articles 2 and 3 of the Convention, with a view to avoiding the risk of disparities in services for children in different parts of the country. The Committee also recommends that the State party consider strengthening international cooperation and assistance, with a view to enhancing the promotion and protection of the rights of the child.

147. The Committee suggests that appropriate measures be taken to counter the inequalities between men and women with regard to remuneration, since it may be detrimental to the child, in particular in homes headed by a single woman.

148. The Committee recommends a further review of the procedures with regard to custody or to the separation of the child from his or her parents, in order to ensure that the best interests of the child are always a primary consideration.

149. Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the report be made widely available to the public in Iceland and that publicity be given to its consideration by the Committee through the publication of the relevant summary records of the discussion and of the concluding observations of the Committee.

150. The Committee considered the initial report of the Republic of Korea (CRC/C/8/Add.21) at its 266th, 267th and 268th meetings (CRC/C/SR.266-268), held on 18 and 19 January 1996, and adopted* the following concluding observations.

151. 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 in reply to the questions included in the list of issues, as well as the additional information provided by the State party following the dialogue held with the Committee.

152. The Committee notes with satisfaction that the Convention is directly applicable in the domestic legal order and can be invoked before the courts.

153. The Committee welcomes the development of a national plan of action for children and its incorporation in the Seventh Five-Year Social-Economic Development Plan for 1992-1996, as well as the recent establishment of the National Committee on the Rights of the Child.

154. The Committee notes with satisfaction the importance attached by the Government to education, considered as the "driving force of social and economic development".

155. The Committee also welcomes the openness, reflected in the written replies and reaffirmed by the delegation during the dialogue, towards considering the possibility of withdrawing the reservations entered by the State party to the Convention. The Committee is encouraged by the revision of the Civil Code that is being undertaken with the aim of incorporating the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis. It is also encouraged by the fact that, as stated by the delegation, such a measure will enable the State party to withdraw its reservation pertaining to article 9, paragraph 3 of the Convention.

156. The Committee notes the difficulties facing the Republic of Korea in the present period of political and economic transition. The efforts to secure rapid economic growth have not always been matched by an appropriate level of realization of economic, social and cultural rights, in particular in relation to children belonging to the most disadvantaged groups affected by growing poverty. The fact that the country has only recently emerged from a period of military rule has had a negative impact on the enjoyment of the fundamental rights and freedoms of children.

157. The Committee is of the view that the reservations made by the State party to article 9, paragraph 3, article 21, paragraph (a) and article 40, paragraph 2 (b)(v) raise questions about their compatibility with the principles and provisions of the Convention, including the principles of the best interests of the child and respect for the views of the child.

158. The Committee is concerned at the insufficient measures adopted to ensure a permanent and effective coordinating and monitoring mechanism. The Committee also notes the insufficient measures taken to gather reliable

quantitative and qualitative data on all areas covered by the Convention, to evaluate progress achieved and to assess the impact of policies adopted on children, in particular in relation to the most vulnerable groups of children.

159. 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. The lack of adequate training on the contents of the Convention of the various professional groups working with and for children, including teachers, social workers, judges, law enforcement officials, psychologists and health personnel, is also noted with regret.

160. As regards the implementation of article 4 of the Convention, the Committee notes with concern the inadequacy of measures taken to ensure the implementation of children's economic, social and cultural rights to the maximum extent of available resources. Insufficient attention has been paid in this regard to the areas of the social and human development of children and to the needs of the most vulnerable groups of children.

161. The Committee is also concerned that the basic principles of the Convention, in particular the provisions of its articles 2, 3 and 12, have not been adequately reflected in legislation, policies and programmes. Insufficient measures have been adopted to create awareness of these basic values of the Convention with a view to changing the prevailing consideration and treatment of the child simply "as a mini-adult or immature adult", as recognized in the report. The Committee notes with concern the persistent discriminatory attitudes affecting girls - including in relation to the minimum age for marriage - disabled children and children born out of wedlock.

162. The Committee notes with concern the insufficient assistance provided for families to assume their responsibilities in the protection of children's rights.

163. The Committee expresses its concern at the insufficient measures adopted, including of a legal nature, to ensure effective implementation of the civil rights and fundamental freedoms of children, such as in relation to the right to a nationality, freedom of expression, thought, conscience and religion, as well as to freedom of association and peaceful assembly. The threats to national security invoked by the Government have hampered the enjoyment of such fundamental freedoms.

164. The Committee is of the view that the approach of the State party in the field of adoption and the prevailing system of dissolution of adoption, raises questions as to its compatibility with the Convention, including in relation to the principle of the best interests of the child as the paramount consideration, as well as to the legal safeguards established by article 21. In this regard, the Committee is particularly concerned at the insufficient measures taken to ensure that adoption is authorized by the competent authorities, on the basis of all pertinent and reliable information and of the informed consent of all persons concerned, including the child. The high rate of inter-country adoption is also of concern to the Committee. With regard to child abuse and domestic violence, the Committee is concerned at the lack of preventive policies and of adequate reporting mechanisms. Abandonment of

children, the high rate of child headed families and the persistence of corporal punishment, widely envisaged by parents and teachers as an educational measure, are other subjects of concern to the Committee.

165. The Committee is concerned at the insufficient consideration given in the education system to the aims of education as reflected in article 29 of the Convention. The highly competitive nature of the education system risks hampering the development of the child to the fullest potential of his or her abilities and talents and the child's preparation for responsible life in a free society.

166. Concern is also expressed at the insufficient measures adopted, including in the field of legal reform, to prevent situations of child labour. In this regard, the discrepancy between the age for completion of compulsory education and the minimum age for admission to employment is noted with particular concern.

167. The Committee is also concerned about the existing juvenile justice system and its lack of compatibility with the Convention, including articles 37, 39 and 40.

168. The Committee encourages the Government to continue to consider reviewing its reservations to article 9, paragraph 3, article 21, paragraph (a) and article 40, paragraph (b)(v), with a view to withdrawing them.

169. The Committee recommends that the Government strengthen its efforts aimed at promoting advocacy and creating awareness and understanding of the principles and provisions of the Convention in the light of its article 42. The Committee suggests that the Government develop public campaigns with a view to addressing effectively the problem of persisting discriminatory attitudes, in particular towards girls, disabled children and children born out of wedlock, and that it adopts pro-active measures to improve the status and protection of these groups of children.

170. The Committee also encourages the State party to ensure training activities on the Convention to professional groups working with and for children, including teachers, social workers, judges, law enforcement officers, health personnel and officials entrusted with the task of ensuring data collection in the areas covered by the Convention. 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.

171. The Committee encourages the Government to pursue its efforts in order to ensure full compliance of its national legislation with the provisions and principles of the Convention, including non-discrimination (art. 2), the best interests of the child (art. 3) and respect for the views of the child (art. 12). The Committee particularly recommends that legislative measures be adopted with a view to ensuring an equal minimum age for marriage for girls and boys, in the light of article 2; ensuring the basic rights of all disabled children, in particular the right to education, in the light of article 23; abolishing any discrimination towards children born out of wedlock; preventing any risk of statelessness for a child born to a Korean mother; clearly prohibiting any form of corporal punishment; and raising the minimum age for employment with a view to adjusting it to the age of compulsory education. In the field of national and inter-country adoption, the Committee encourages the State party to undertake comprehensive legal reform to ensure full compatibility with the principles and provisions of the Convention, as well as to consider ratifying the 1993 Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption.

172. The Committee recommends that a permanent and multidisciplinary mechanism be developed for coordination and monitoring of the implementation of the Convention, both at the national and local levels, in urban and rural areas. The Committee encourages the State party to give further consideration to the establishment of an ombudsperson for children or any equivalent independent complaint and monitoring mechanism. The Committee further encourages the promotion of a closer cooperation with non-governmental organizations.

173. The Committee also recommends that the system of data collection be improved and appropriate disaggregated indicators identified with a view to addressing all areas covered by the Convention and evaluating progress achieved, with due regard being paid to the situation of children belonging to the most disadvantaged groups.

174. The Committee strongly recommends that the Government of the Republic of Korea pay particular attention to the full implementation of article 4 of the Convention and undertake all appropriate measures to the maximum extent of available resources for the implementation of the economic, social and cultural rights of children. Special attention should be paid to the situation of the most disadvantaged groups of children in the light of the principles of non-discrimination and the best interests of the child.

175. The Committee considers that greater efforts should be made to promote the participation of children in family, school and social life, as well as the effective enjoyment of their fundamental freedoms, including the freedom of opinion, expression and association, which should be subject only to the restrictions provided by the law and which are necessary in a democratic society.

176. The Committee encourages the State party to adopt further measures to ensure assistance for the family to ensure its responsibilities in the upbringing and development of the child, in particular in the light of articles 18 and 27 of the Convention. Special attention should be paid to the prevention of child abandonment, as well as to the prevention of, and appropriate assistance to, child-headed families.

177. In the area of child abuse and domestic violence, the Committee recommends that the State adopt further measures to prevent such situations and to protect and ensure appropriate physical recovery and social reintegration of children affected thereby. Consideration should be given to the establishment of a system of early detection, surveillance and referral.

178. The Committee encourages the State party to review its education policy, with a view to reflecting fully the aims of education set out in article 29 of the Convention.

179. In the area of child labour, the Committee encourages the State party to adopt appropriate measures with a view to reflecting fully the Convention, in particular article 32, in its legislation and practice. It recommends that consideration be given to the ratification of ILO Convention No. 138 on minimum age for admission to employment and encourages the State party to consider pursuing such action in consultation with ILO.

180. The Committee recommends that the State party envisage undertaking a comprehensive reform of the system of juvenile justice in the spirit of the Convention, in particular articles 37, 39 and 40, and of other United Nations 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. Particular attention should be paid to the consideration of deprivation of liberty only as a measure of last resort and for the shortest period of time, to the protection of the rights of children deprived of liberty, to due process of law and to the full independence and impartiality of the judiciary. Training programmes on the relevant international standards should be organized for all those professionals involved with the system of juvenile justice. The Committee would like to suggest that the Government of the Republic of Korea consider seeking international assistance in this area of the administration of juvenile justice, from the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch.

181. The Committee 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.

182. The Committee considered the initial report of Croatia (CRC/C/8/Add.19) at its 279th, 280th and 281st meetings (CRC/C/SR.279-281), held on 23 and 24 January 1996, and adopted* the following concluding observations.

183. The Committee notes with appreciation that the difficult circumstances resulting from the war have not undermined the State's commitment to the protection and promotion of children's rights, as evidenced by the State's accession to the Convention immediately following independence, the timely submission of the initial report due under the Convention and the frank and detailed answers provided, both in written and oral form, for the consideration of the report by the Committee. The Committee requests a progress report before the end of 1997.

184. The Committee welcomes the statement by the delegation that the Government intends to withdraw its reservation to article 9 of the Convention.

185. The Committee takes note with satisfaction of the efforts to bring domestic law and practice into line with the principles and provisions of the Convention, including the enactment of legislation on the family and on the protection of children against all types of abuse.

186. The Committee welcomes the provisions contained in the new Constitution which accord to international human rights instruments ratified by the State a legal status superior to that of domestic legislation. It notes with appreciation the establishment of the special parliamentary Committee for Human Rights and the Rights of Ethnic and National Communities or Minorities, which monitors the application of international instruments and the relevant provisions of constitutional law dealing with human rights.

187. The Committee welcomes the willingness of the Government, in the framework of article 4 of the Convention, to ensure cooperation with United Nations and other competent bodies, including the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, the Office of the United Nations High Commissioner for Refugees, the United Nations Children's Fund, the United Nations Educational, Scientific and Cultural Organization and the International Committee of the Red Cross in the fields of human rights and humanitarian assistance.

188. The Committee also welcomes the efforts pursued by the Government, in cooperation with non-governmental organizations, with a view to raising public awareness on the rights of the child. In this connection, the Committee welcomes the European Youth Campaign being undertaken under the auspices of the Council of Europe to combat racism, xenophobia, anti-Semitism and intolerance.

189. The Committee further welcomes the progress made in modifying the Law on Citizenship so as to eliminate risks of discrimination.

190. The Committee welcomes the intentions expressed by the Government to prosecute people who committed crimes against the civilian population, including children, during and after "Operation Storm" in August 1995 in the Krajina area and to provide safe conditions for returnees.

191. The Committee recognizes the serious difficulties faced by the State party in implementing the provisions of the Convention. It notes that the State party's transition to a market-oriented economy has had a serious impact on the population, in particular on all vulnerable groups, including children.

192. The Committee also notes the major problems experienced as a consequence of war, which has borne a severe impact on the population, including children, leading to heavy casualties, long-lasting physical, emotional and psychological effects, as well as the disruption of some basic services. It takes special note of an unknown number of children who have suffered the most fundamental violations of their right to life, and the existence of a large population of refugees and displaced persons, exceeding a half million, who are being attended to by international aid.

193. The Committee, while welcoming the existence of government bodies and the creation of new ones competent to deal with the welfare of children at the national and local levels, expresses concern that effective coordination must be established among them in order to develop a comprehensive approach to the implementation of the Convention.

194. The Committee is concerned at the absence of an integrated and systematic monitoring mechanism covering all areas covered by the Convention, and in relation to all groups of children, especially those affected by the consequences of the war and the economic transition.

195. The Committee is concerned about the impact on children of economic difficulties resulting from the transition to a market economy. It is particularly worried about the consequences the of privatization of some social services that might affect the most vulnerable groups of children. In this connection, it is particularly concerned as to whether appropriate measures have been taken to protect children in the light of article 4 of the Convention.

196. The Committee expresses concern about the Law on Temporary Possession, according to which property may be occupied by temporary settlers in the absence of the property owners. The Committee is concerned that families affected by this law will face problems if they should return before the present occupiers have found alternative shelter.

197. The Committee is concerned that a number of unaccompanied children who have lost contact with their families are in institutions or in foster care. The Committee further notes with concern that some foster homes might accept responsibility for the care of children solely for the economic compensation provided to them. It stresses that the consequences for the children living under such conditions are not conducive to their sound development.

198. The Committee expresses concern that children might be removed from their families because of their health status or the difficult economic situation faced by their parents.

199. The Committee notes with deep concern the apparent disregard for judicial decisions. It notes that allegations continue to be made about incidents in which members of minority groups, particularly of Serbian and Muslim origin, are harassed and the perpetrators left unpunished. The Committee draws attention to the adverse consequences for society as a whole and for the generation of children who witness this phenomenon of impunity.

200. The Committee recommends that the Government devote its full efforts to actively encouraging a culture of tolerance through all possible channels, including the schools, the media and the law. The schools should teach children to be tolerant and to live in harmony with persons from different backgrounds.

201. The Committee also recommends, in the interests of healing and trust-building within the country and in the spirit of article 17 of the Convention, that the State-controlled mass media should play an active role in the efforts to secure tolerance and understanding between different ethnic groups, and that the broadcasting of programmes which would run counter to this objective come to an end.

202. The Committee recommends that the State party should take further steps, such as the establishment of a permanent structure to improve policy formulation and adopt measures for the promotion and protection of children's rights.

203. The Committee recommends that consideration be given to the establishment of a special independent monitoring structure, whether under the existing Office of the Ombudsman or as a separate body, and to that end recommends that a study be undertaken as soon as possible reviewing the experiences of other nations so that the most appropriate decision may be reached.

204. The Committee recommends that public information activities and other appropriate action be undertaken to make better known the principles and provisions of the Convention on the Rights of the Child and other relevant international human rights instruments, including through their incorporation in school curricula, with a view to enhancing democratic institutions, achieving national reconciliation, encouraging the protection of the rights of children belonging to minority groups and eliminating the atmosphere of impunity among those that harass these groups.

205. In keeping with efforts to promote the process of national reconciliation and national dialogue, the Committee recommends that training programmes be organized for members of the army, police and judiciary on the provisions of the Convention.

206. The Committee recommends that the system of foster-care be carefully monitored in order to eliminate any possible acts of abuse against the children placed in such care.

207. The Committee recommends that in the light of the best interests of the child and, when necessary, in the framework of international cooperation, the Government make special efforts to resolve the problem of property owners returning to their homes before their occupiers have been able to find alternative shelter.

208. The Committee recommends that a progress report be submitted by the end of 1997 for its consideration. It requests that the State include in that report information about subsequent developments in the areas of legal and judicial reform, of decisions to improve coordination of policies relating to children and of the monitoring of the implementation of the Convention. The progress should also cover the concerns expressed by the Committee.

209. The Committee recommends that the report of the State party, the records of the dialogue held between itself and the State delegation and the concluding observations adopted by the Committee be widely disseminated throughout the nation in all minority languages as well as in Croatian. It recommends that a national debate be encouraged about the State party's compliance with the Convention within and among the Government, international organizations and national non-governmental organizations and also among the public.

210. The Committee considered the initial report of Finland (CRC/C/8/Add.22) at its 282nd to 284th meetings (CRC/C/SR.282-284), held on 23 and 24 January 1996, and adopted* the following concluding observations.

211. The Committee expresses its appreciation to the Government of Finland for the submission of its initial report, which has been prepared in conformity with the Committee's guidelines, and for the submission by the State party of written replies to its list of issues (CRC/C.11/WP.6). 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 frank and constructive dialogue with the State party.

212. The Committee takes note with satisfaction that the Government provides a comprehensive social security system and a wide range of welfare services for the benefit of children and their parents, particularly free health care, free education, extended pregnancy leave rights and a large day-care system.

213. The Committee welcomes the State party's submission to its Parliament of a national child policy report with the aim of protecting the rights of children living under the jurisdiction of the State party fully implementing the provisions of the Convention and by reducing to the maximum extent the impact on children of the current economic recession.

214. The Committee notes the efforts by the Government in the field of law reform. It welcomes the amendment of the Constitution of Finland in 1995, which has since included human rights and children's rights as fundamental

principles. It welcomes the current discussions in Parliament concerning the future appointment of a children's rights ombudsperson. It also takes note of the current efforts to reform the Finnish Penal Code. Finally, it welcomes the recent government study on the impact of environmental issues on the life of children and the related measures undertaken.

215. The Committee also welcomes the Government's submission for ratification to the Finnish Parliament of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.

216. The Committee notes the long-standing efforts made by the State party in the field of international cooperation, although the Government, owing to the economic recession, has since 1990 temporarily reduced its budget allocation to development aid.

217. Finally, the Committee takes note of the State party's wish to circulate in the Parliament the summary records of the dialogue with the Committee members and the concluding observations of the Committee.

218. The Committee notes the difficulties facing Finland in the present period of structural change and economic recession. Decentralization and privatization policies, severe unemployment and State budgetary cuts have undoubtedly affected Finnish children, particularly the most vulnerable groups.

219. The Committee is worried about the impact on children of the difficult economic situation prevailing in the country, which has resulted in budgetary cuts, and the existing trends towards decentralization and privatization. In this connection, it is particularly concerned as to whether appropriate measures have been undertaken to protect children, particularly those belonging to the most vulnerable groups, in the light of articles 3 and 4 of the Convention.

220. The Committee is concerned at the insufficient attention paid to the need for an efficient coordination mechanism, between various ministries, as well as between central authorities and local authorities (municipalities), in the implementation of comprehensive policies for the promotion and protection of the rights of the child.

221. The Committee is concerned at the absence of an integrated monitoring mechanism capable, inter alia, of supervising the effectiveness of decentralized and sometimes privatized social (health, education and social care) municipal policies and services for the most vulnerable groups of society, particularly single parent and poor families and disabled, refugee and minority children.

222. The Committee expresses its concern that the State party has not yet fully taken into account in its legislation and in its policies the general principles of the Convention, in particular non-discrimination (art. 2), the best interests of the child (art. 3) and respect for the views of the child (art. 12).

223. The Committee is concerned about the absence of a global information and dissemination strategy for the Convention on the Rights of the Child in the country. It is also worried that the Convention does not yet exist in all languages spoken by minorities residing in the State party.

224. In the light of articles 2 and 3 of the Convention, the Committee is worried about the increasing negative attitude in the society towards foreigners.

225. The Committee is worried by the State party's current shortage of facilities for the psychiatric treatment of children. This shortage may result in the non-separation of children from adults in psychiatric establishments. It is also concerned by the high rates of suicide and the increasing rates of drug abuse among youth.

226. The Committee is concerned about the need to improve the training of social workers through retraining programmes, in particular in relation to the full implementation of the participatory rights of the child, in the light of articles 3 and 12 of the Convention. It is also worried by the insufficient detection and prevention measures in the areas of sexual abuse and domestic violence.

227. The Committee is concerned by the recent increase of school drop-outs. In the light of article 30 of the Convention, it is also worried about the insufficient number of teachers capable of working with minority children.

228. The Committee is deeply concerned that appropriate, in particular legislative, measures have not yet been taken to forbid the possession of child pornography and the purchasing of sexual services from child prostitutes. It is also seriously concerned at the existence of sex telephone services accessible by children.

229. The Committee is concerned that the labour legislation does not appropriately protect children between the ages of 15 and 18 years.

230. With respect to article 4 of the Convention, and in relation to the current difficult economic situation, the Committee emphasizes the importance of the allocation of resources to the maximum extent possible for the implementation of economic, social and cultural rights of the child at both central and local levels, in the light of the principles of the Convention, in particular those of its articles 2 and 3 relating to non-discrimination and the best interests of the child.

231. The Committee recommends that the State party take further steps to strengthen the coordination between the different governmental mechanisms involved in human rights and children's rights, at both central and local levels, and to consider the establishment of a coordinating body or mechanism to harmonize sectoral activities and policies. It also recommends the State party to strengthen its cooperation with non-governmental organizations, including in relation to the implementation of the Committee's recommendations.

232. The Committee recommends that an integrated monitoring system or mechanism be established to ensure that all children in all municipalities benefit to the same extent from basic social services. The establishment of an independent monitoring mechanism, such as, for instance, an ombudsperson for children, is also recommended.

233. 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. The Committee recommends that the Convention be translated into all languages spoken by minorities living in the State party. The Committee wishes to encourage the State party to develop further a systematic approach towards increasing public awareness of participatory rights of children, in the light of article 12 of the Convention.

234. To reduce the current increase in negative feeling and racism towards foreigners, the Committee recommends that the State party take all necessary measures, including information campaigns in schools and in society at large. Upon arrival in Finland, all unaccompanied children seeking refugee status should be promptly informed in their language of their rights.

235. The Committee recommends that periodic training and retraining programmes on the rights of the child be organized for professional groups working with or for children, especially social workers, but also teachers, law enforcement officials and judges, and that human rights and children's rights be included in their training curricula. It also recommends that in the areas of sexual abuse and domestic violence more systematic attention be given to detection measures and preventive policies.

236. The Committee recommends the State party take all appropriate measures to prevent mentally-ill children being institutionalized in the same facilities as adults. It also suggests that additional research be undertaken in the areas of suicide and drug abuse to improve the understanding of those phenomena and generate appropriate measures to deal efficiently with them.

237. The Committee encourages the State party to take all necessary measures to fight school drop-out and encourages the relevant authorities to undertake all appropriate measures to ensure that sufficient teachers for minority children are available in all regions of the country. In the spirit of the United Nations Decade for Human Rights Education, the Committee also encourages the Government to give consideration to the incorporation of the rights of the child in the school curricula.

238. In the process of reforming the Penal Code, the Committee strongly recommends that the possession of child pornography materials and the purchase of sexual services from child prostitutes be made illegal. It also recommends that the State party take all appropriate measures to protect children from accessing sex telephone services and from the risk of being sexually exploited by paedophiles through these telephone services that can be accessed by anyone. Finally, the Committee recommends that measures be taken fully to protect professionals who report evidence of sexual abuse to the relevant authorities.

239. The Committee encourages the State party to revise its labour legislation for children between the ages of 15 and 18 years in the light of the relevant international standards, especially ILO Convention No. 138 and ILO Recommendation No. 146.

240. The Committee encourages the State party to disseminate widely the State party report, the summary records of the discussion of the report in 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 close cooperation with the non-governmental society.

241. At its previous session, the Committee had entrusted two of its members (Mrs. Hoda Badran and Mr. Youri Kolosov) with the task of preparing a working paper on the conceptual framework for guidelines regarding the form and contents of periodic reports from States parties, to be submitted in the light of article 44 of the Convention on the Rights of the Child. The working paper was the basis for an exchange of views on the pivotal role played by the reporting and monitoring system of the Convention to ensure the effective realization of rights of the child and the realistic assessment of the situation of children. This process clearly contributed to giving high priority for children on the political agenda.

242. The Committee also had before it a note prepared by the secretariat containing a brief summary of the existing general guidelines for the preparation of initial and periodic reports by States parties to be submitted to human rights treaty bodies, as well as a preliminary document prepared by Mrs. Santos Pais on a new set of guidelines for reporting.

243. The submission of periodic reports was perceived as a dynamic approach to children's realities, allowing the past to be linked with the present in anticipation of the future. The Committee emphasized the catalytic role played in this regard by the concluding observations adopted following consideration of the initial reports submitted by States parties.

244. The Committee also stressed the crucial importance of data and information collection, as well as the development of appropriate quantitative and qualitative indicators in order to identify progress, difficulties encountered and benchmarks established for future action in the various areas covered by the Convention. Reference was also made to the need to consider actions taken both at the national level and in the framework of international cooperation and assistance.

245. The Committee recalled that it should start receiving periodic reports from States parties as from September 1997. It stressed, therefore, the need to give priority attention to the preparation of guidelines regarding the form and contents of such reports and decided to establish a working group composed of six of its members (Mrs. Hoda Badran, Mrs. Akila Belembaogo, Mrs. Judith Karp, Mr. Youri Kolosov, Mrs. Marta Santos Pais and Mrs. Marilia Sardenberg) to prepare a draft document for that purpose for its next session. It was decided that the draft would take as a reference the document on the conceptual framework for guidelines.

246. In view of the importance the Committee attaches to the establishment of a network of information and documentation in the field of children's rights, as well as to the computerization of its work, a meeting was held on this issue with representatives of UNICEF and of the Centre for Human Rights.

247. The Committee was informed about the developments that had taken place since the last meeting in relation to the databases on the activities of the Committee and the possible future access of Committee members to the information contained therein. The Committee reaffirmed the importance of taking its suggestions and its perspective as a user of the future system into consideration, as expressed at previous meetings (see, in particular, A/41/49, paras. 394-411), while expressing its willingness to continue to cooperation in the activities of the Centre for Human Rights and UNICEF.

248. The Committee welcomed the decisions taken by UNICEF to assist its activities in the important area of computerization. Such assistance will contribute decisively to reinforcing the effectiveness of the work of the Committee as a treaty body by ensuring access to important databases in the field of children's rights.

1. Question of a draft optional protocol to the Convention on the Rights of the Child on involvement of children in armed conflict

249. Reaffirming the importance it attaches to following closely activities in the field of children's rights undertaken within the United Nations system, the Committee had decided to participate in the second session of the

inter-sessional open-ended working group of the Commission on Human Rights on a draft optional protocol on involvement of children in armed conflict (Geneva, 15-26 January 1996). The Committee was represented by two of its members, Mr. Youri Kolosov and Mrs. Marta Santos Pais.

250. The participation of Committee members allowed for an extensive exchange of views with the working group on various aspects of the draft optional protocol which had been submitted by the Committee to the Commission on Human Right in 1994. It was also an occasion to stress the urgency of raising to 18 years the minimum age of recruitment into armed forces and of forbidding the participation of children in hostilities below that age.

251. The Rapporteur of the Committee, Mrs. Marta Santos Pais, submitted the following statement to the Working Group on behalf of the Committee:

"The Committee on the Rights of the Child expressed as early as 1992 its deep concern at an increasing number of armed conflicts, as well as at their crucial and negative impact on a growing number of children. In its first thematic debate on the topic of 'children in armed conflicts', it recognized the urgency of creating wider awareness of this reality and adopting decisive measures to ensure the effective protection of the fundamental rights of children in time of armed conflict. In the light of that important debate, the Committee recognized that it would be of essential importance to raise to 18 years the age of recruitment into armed forces.

"The Committee was encouraged in this endeavour by the call made by the World Conference on Human Rights for the Committee to study this question. It therefore decided to submit a preliminary draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict to the Commission on Human Rights. This text has constituted the basis for the important deliberations of your working group. The Committee has further submitted additional comments to the first session of the Working Group.

"By last year's resolution 1995/79, the Commission on Human Rights invited the Committee to offer its comments and to be represented at future sessions of the working group. It is therefore with great pleasure that we are here today and we welcome this opportunity to exchange views with the members of the Working Group.

"We would like to stress the importance we attach to this standard-setting activity designed to ensure the effective protection of children's rights worldwide in situations where they became particularly vulnerable, as it is clearly in the case of armed conflicts. The consideration of this draft optional protocol takes place at a time when a special momentum has been built for the strengthening of the protection ensured by the Convention.

"First of all, the Convention on the Rights of the Child has become a reference for the quasi-universality of States around the world. Without precedent in the history of human rights instruments, the Convention has in fact been ratified or acceded to by 187 States which have committed themselves to respect and ensure the fundamental rights of children, to adopt all necessary measures for their well-being and the harmonious development of their personality, as well as always to be guided by the best interests of the child in all actions undertaken. There is a wide political consensus around children and concerted efforts are being made for the realization of their rights. In the light of article 41 of the Convention, States are even encouraged always to apply the most conducive norm for children. In fact, several States parties have made declarations upon ratification or accession committing themselves not to recruit or to use any person below the age of 18 in armed conflicts.

"The importance of the protection of children's rights in situations of war has also been identified as a priority for the action of different organizations within the United Nations system. This is for instance the case of UNICEF with its recent "Anti-War Agenda" and of UNHCR through its field action in situations of emergency. At the same time, Graça Machel, the expert appointed by the Secretary-General to undertake the study of the impact of armed conflict on children, has repeatedly emphasized the absolute need to prevent the involvement of children in situations of armed conflict, inter alia by stopping their recruitment and their use to achieve military objectives.

"For their part, States have recognized in the Platform for Action adopted at the Beijing Conference that violations of human rights in situations of armed conflicts are violations of fundamental principles of international human rights and humanitarian law and recently, at the International Conference of the Red Cross and Red Crescent Movement held in Geneva last December, they have recommended, by consensus, that parties to conflicts refrain from arming children under the age of 18 and take every feasible step to ensure that children under the age 18 do not take part in hostilities.

"The draft submitted by the Committee on the Rights of the Child was the result of its recognition of the negative effects of armed conflicts on children and on the enjoyment of their fundamental rights, as well as of the need to adopt all necessary measures to improve their situation. It is a draft optional protocol to the Convention on the Rights of the Child. It therefore stresses that only those States parties which are in a position to do so will ratify or adhere to it. As an optional protocol, this instrument will naturally endorse and take into serious consideration the principles and provisions of the Convention, and at the same time it should strengthen the levels of protection of, and respect for the rights of the child. As an optional protocol, it is clearly not intended to undermine such a widely ratified Convention. Being complementary to the Convention, the protocol would naturally not need to repeat provisions that are already incorporated in the Convention itself, such as those addressing the question of physical and psychological recovery and social reintegration of children victims of armed conflict, already covered by the provisions of article 39 of the Convention.

"In the view of the Committee, the involvement in hostilities of persons who have not attained the age of 18 is harmful for them physically and psychologically, and affects the full enjoyment of their fundamental rights. For this reason, it is the belief of the Committee that persons below 18 should never be involved in hostilities. In fact, participation in armed conflicts, either of a direct or indirect nature, raises serious risks for the life of children and hampers their harmonious development and the realization of the rights which are inherent to their human dignity including the rights to a family environment, to education and health, to a nationality, or not to be subject to ill-treatment or exploitation. It is important to recognize that in a situation of emergency, it is very difficult to draw the line between what is to be considered direct and indirect participation. Risks encountered and fundamental rights denied are similar in both cases, and any situation undermining respect for the rights of the child should be clearly avoided. For this reason, we are convinced that a clear prohibition of participation in hostilities of persons below the age of 18, either directly or indirectly, should be reflected in the optional protocol.

"The Committee also believes that, in order to ensure the full realization of children's rights as recognized by the Convention, States parties should not recruit into their armed forces persons below the age of 18. The same rule should apply as a matter of principle to voluntary enlistment. Reality shows that emergency situations often pave the way for the instrumentalization of children, and lead to great risks for them. For this reason, voluntary enlistment in the armed forces should never be used as an excuse to allow for the possible direct or indirect participation in hostilities of persons below the age of 18. Even in those situations where voluntary enlistment would be accepted by States, the training of such persons should incorporate and pay due regard to education on humanitarian and human rights, in the light of the Convention on the Rights of the Child and in particular of the provisions of articles 28, 29 and 42.

"In the same spirit, in relation to situations where recruitment, enrolment or enlistment of children below 18 would be made by armed groups, it might be preferable to have a child-centred approach stressing that no child should be used or allowed to participate directly or indirectly in hostilities.

"The Committee on the Rights of the Child took note with interest of the proposal made in the working group on the role of the Committee to consider situations where children under the jurisdiction of a State party would have been recruited or used in hostilities. The Committee considers that such a role falls within its monitoring functions to assess progress made in the enjoyment of children's rights and to encourage measures for their effective realization under any circumstance and particularly in situations where there is a need for the special protection of children.

"As it was previously stated, the intention of the draft optional protocol submitted by the Committee on the Rights of the Child is to allow States parties which are in a position to do so to clearly commit themselves not to recruit or allow for the participation in hostilities of any person below the age of 18. For this reason, and in the light of its optional nature, the Committee sees no reason for this instrument to admit possible reservations on the single subject addressed by it.

"In view of the commitment of this working group and the international community as a whole to the realization of children's rights, it is the hope of the Committee that your deliberations will soon bring fruitful results, thus decisively contributing to the improvement of the situation of children involved in armed conflicts."

2. Guidelines for a possible draft optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

252. Recalling the importance it attaches to the protection of children from situations of economic exploitation including those arising from the sale of children, child prostitution and child pornography, and reaffirming its willingness to follow closely developments within the United Nations system in the field of children's rights, the Committee decided to be represented by three of its members (Mr. Yuri Kolosov, Mrs. Marta Santos Pais and Mrs. Marilia Sardenberg) at the second session of the open-ended working group of the Commission on Human Rights on guidelines on a possible optional protocol on the sale of children, child prostitution and child pornography.

253. The Committee considered that this would provide an opportunity to emphasize the essential importance of the Convention and its implementation in preventing the sale of children, child prostitution and child pornography, effectively protecting children affected thereby and ensuring their physical and psychological recovery and social reintegration in an environment which fosters their health, self-respect and human dignity. It would further provide a meaningful opportunity to encourage the adoption of legislative, administrative, social, educational or other measures by States, with a view

to eliminating the sale of children, child prostitution and child pornography, in the light of the principles and provisions of the Convention and of the obligations arising therefrom.

254. The Committee decided to submit the following statement to the Working Group expressing its views on the guidelines under consideration:

"The Committee on the Rights of the Child welcomes the opportunity to be represented at the second session of the working group and to submit its comments on the important area of sale of children, child prostitution and child pornography.

"The concern expressed by the working group at the alarming increase of these serious violations of children's rights is deeply shared by the Committee on the Rights of the Child and has guided its action in its first years of activity, both in the framework of the consideration of States parties reports on the implementation of the Convention, and of its thematic discussions, in particular the one devoted to the economic exploitation of children. The participation of the Committee in the working group is therefore welcomed as an important occasion to exchange views on the steps undertaken and on possible future measures designed to enhance the prevention of these realities and the effective protection of children affected thereby.

"The Committee recognizes, as reaffirmed by resolution 1995/78 of the Commission on Human Rights, the essential value of the Convention on the Rights of the Child and its effective implementation system, to prevent and combat situations of sale of children, child prostitution and child pornography. In fact, the wide acceptance of the Convention which has been ratified or acceded to by 187 States, the quasi-universality of countries around the world, has no precedent in the history of human rights instruments.

"These States have committed themselves to respect and ensure the fundamental rights of children, to adopt all necessary measures for their well-being and for the harmonious development of their personality, as well as to always be guided by the best interests of the child in all actions undertaken.

"Moreover, the realization of the rights of the child has also become a reference and a priority in the United Nations system-wide action on human rights. In the light of article 45 of the Convention and of the final document of the World Conference on Human Rights, all relevant United Nations system organs and mechanisms and the supervisory bodies of the specialized agencies are in fact urged to review and monitor, in accordance with their mandates, matters relating to human rights and the situation of children, as well as to encourage international cooperation in the fields covered by this international instrument. Thus, the Convention has paved the way for a wide political consensus around children, both at the national and international levels. It has furthermore established a comprehensive legal and binding framework for the promotion and protection of children's rights.

"The fields of sale of children, child prostitution and child pornography are naturally also addressed by the Convention on the Rights of the Child, specific provisions being devoted to them, in particular articles 32, 34, 35 and 36. In fact, the importance of these issues, as well as the need to draw urgent attention and encourage concerted action to prevent and combat them, are illustrated by the attention paid to them in the course of the dialogue held with States parties on the implementation of the Convention, as well as the decision of the Committee to devote, in 1993, its second thematic debate to the topic 'Economic exploitation of children'. But it is important to stress that the Convention has not only identified such situations in an autonomous manner, it has further set up a holistic approach for the consideration of the human rights of children. In the light of such an approach, all rights are recognized as inherent to the human dignity of the child, and the implementation of one right will only be effective when taking into consideration the implementation of, and respect for, all the other rights of the child. In a word, the Convention reaffirms the indivisibility and interdependence of human rights.

"The protection of the child from all forms of exploitation, including from sale, prostitution or pornography should therefore not be seen simply in isolation but in the broader context of the realization of children's rights and taking in due consideration the international obligations arising from the Convention. Upon ratification or accession, States parties to the Convention undertake to respect and ensure all the rights recognized therein to all children under their jurisdiction, without discrimination of any kind (art. 2). Furthermore, they shall take the best interests of the child as their primary consideration in all actions concerning children (art. 3), ensure to the maximum extent possible the survival and development of the child (art. 6) and give due weight to the views of the child (art. 12). States also commit themselves to adopt all necessary measures, of a legislative, administrative, educational, social and other nature, to ensure the full realization of children's rights (art. 4). To ensure the implementation of economic, social and cultural rights, States have committed themselves to allocate to the maximum extent their available resources (art. 4). Similarly, they are bound to create awareness on the Convention and to disseminate information thereon with a view to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike (art. 42). These references show the decisive importance attached by the Convention, as a human rights instrument, to the national process of implementation of children's rights. It further stresses the special responsibility of States in this regard. These realities were in fact also emphasized by the final document of the World Conference on Human Rights, which called on States to integrate the Convention on the Rights of the Child into their national action plans.

"As stressed by the Committee during its thematic discussion, this general framework naturally applies in situations of exploitation of children such as those considered by the working group. Here as elsewhere, the Convention calls upon States to take action with a view

to prevent such situations and their detrimental effect on the life of children, to reinforce the system of children's rights protection and to ensure the physical and psychological recovery and social reintegration of child victims of any such form of exploitation in an environment which fosters the health, self-respect and dignity of the child. Legal reform, awareness and information campaigns, education and training activities on children's rights, as well as the establishment of a monitoring mechanism based on a systematic data collection and evaluation, are some essential measures in this regard. Moreover, the reporting system established by the Convention is an essential tool for States parties to ensure a periodic assessment and evaluation of progress achieved in its implementation. It further allows for the improvement of the situation of children and the prevention of violations of their fundamental rights. At the same time, the dialogue held between States and the Committee on the Rights of the Child plays an important catalytic role in this regard, allowing for the formulation of specific suggestions and recommendations to States parties, identifying priority areas for action and encouraging programmes of technical assistance or advice in cooperation with United Nations and other competent bodies. This approach shows that while putting a clear emphasis on the national process of implementation and on the responsibility of each State party within its jurisdiction, the Convention stresses the role of international cooperation and solidarity to foster the realization of children's rights. It also clearly demonstrates that situations with a transnational nature, such as those addressed by the mandate of this working group, call for the consideration of bilateral and multilateral measures.

"This brief consideration of the Convention and of its monitoring system shows its clear political value, so widely shared around the world, as well as its comprehensive nature and effective capacity to prevent situations of sale of children, child protection and child pornography, to protect children therefrom, to ensure their physical and psychological recovery and social reintegration and to meaningfully promote measures of international cooperation and solidarity. The essential role of the Convention on the Rights of the Child for the consideration of policies and the adoption of measures by States to address such realities is therefore undeniable. For this reason, we firmly believe that as a priority step, its implementation should be seriously envisaged and effectively ensured.

"But the Convention cannot be seen in isolation. In fact, other important legal instruments have been adopted in the areas of the protection of the child against exploitation, namely through sale, prostitution and pornography, instruments which are in reality used by the Committee on the Rights of the Child within the framework of its monitoring functions. As an illustration, mention could be made of the Convention on the Elimination of All Forms of Discrimination against Women, as well as of the Convention on the Suppression of Traffic in Persons and the Exploitation of the Prostitution of Others or of the ILO Convention on Forced Labour (No. 29). At the same time, through the activities of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and of its working group on Contemporary Forms of Slavery, important and comprehensive strategies have been envisaged to ensure the implementation of the different existing legal instruments and to give guidance in relation to specific areas where action should be undertaken, such as legal reform, information, education, social assistance, reintegration and international cooperation. Special reference should be made in this regard to the two programmes of action adopted by the Commission on Human Rights for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and for the Elimination of Child Labour. Presently under preparation is a new Programme of Action on the Prevention of Traffic in Persons and the Exploitation of the Prostitution of Others.

"The progress achieved in the implementation of these programmes of action is periodically evaluated both by the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Commission on Human Rights. The Commission further considers the important activities of thematic rapporteurs, as the Special Rapporteur on violence against women or the Special Rapporteur on the sale of children, child prostitution and child pornography who has adopted important recommendations on ways to address the areas covered by her mandate. The role of the Commission on Human Rights is therefore of a decisive importance, both in relation to evaluation of progress and in the light of the recommendations it can address for future action to be undertaken by States. This open-ended working group is certainly well placed to assist the Commission in this endeavour.

"It is also interesting to note that the issues of sale of and trafficking in children, child prostitution and child pornography deserve special attention within the United Nations system-wide action. Mention could be made in this regard to ILO, as stressed above, or to the activities developed by UNICEF in the framework of the implementation of the Declaration and Plan of Action adopted by the World Summit for Children.

"At the same time, in the area of crime prevention and criminal justice, important steps have also been taken. In fact, the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held last year in Cairo, called on States to adopt necessary measures aiming at the prevention, protection and rehabilitation of children victims of any form of violence, including sexual violence and sexual exploitation. It further invited the Commission on Crime Prevention and Criminal Justice to consider drafting an international convention on the illicit traffic in children which may embody the necessary elements to effectively combat this form of transnational organized crime. The Commission soon ensured a follow-up to this invitation and at its fourth session requested the Secretary-General to initiate the process of requesting views of Member States on the elaboration of such an international convention on the illicit traffic in children. An important standard-setting activity is therefore already under way within the United Nations system in this area. It is interesting to note that the Commission further decided to request the Secretary-General to organize a meeting of an expert group on the prevention of the sexual exploitation of children for commercial purposes within the context of international travel (sex tourism).

"The Commission also requested the Secretary-General to enhance inter-agency cooperation within the United Nations system with a view to avoiding duplication and overlapping of activities between different actors concerned - a consideration we all naturally share. The importance of the areas of child prostitution and child pornography is further reflected in other international actions. We should recall in this regard the activities developed by INTERPOL, in particular through its Standing Working Party on Offences against Minors, guided by the consideration of the best interests of the child and designed to encourage a close cooperation between national polices and an effective training of law enforcement personnel. Moreover, mention should be made of the World Congress against the Commercial Sexual Exploitation of Children which will take place next August in Stockholm. This important meeting, where governmental and non-governmental representatives will consider a concerted action to decisively contribute to the eradication of such phenomena, is being prepared in close cooperation with UNICEF, the Committee on the Rights of the Child and non-governmental organizations active in this field. It will certainly provide for a special opportunity for participants to demonstrate their serious commitment to children and to the Convention on the Rights of the Child, while taking into consideration the strategies envisaged by the two Programmes of Action adopted by the Commission on Human Rights.

"The Committee is for its part deeply encouraged by all these efforts that, as recommended by the World Conference on Human Rights, are intended to incorporate standards as contained in international human rights instruments in domestic legislation and to strengthen national and international mechanisms and programmes for the defence and protection of economically-exploited children, including through child pornography and child prostitution. It also recognizes, as stated by the final document of the World Conference on Human Rights, that there is a need to maintain consistency with the high quality of existing standards and to avoid proliferation of human rights instruments. In this spirit, the Committee reaffirms its belief that priority should lay with the strengthening of the implementation of such a set of existing international standards.

It further stresses that increasing cooperation should be ensured between the different United Nations mechanisms competent in the areas of sale of children, child prostitution and child pornography - including the Committee on the Rights of the Child, the Commission on Human Rights and its mechanisms and subsidiary bodies and the Commission on Crime Prevention and Criminal Justice. In the case where it would be found that, taking into account existing international instruments and established mechanisms and strategies (such as the two programmes of action adopted by the Commission on Human Rights), there would be a need to be more precise in the guidance to be given to States, United Nations and other bodies, it is the view of the Committee that a set of general guidelines could be envisaged. Such a solution would allow to endorse and take into serious consideration the principles and provisions of the Convention on the Rights of the Child, as well as other relevant instruments, without running the risk of undermining their contents, nor repeating their provisions but rather ensuring a complementary role".

255. The Committee on the Rights of the Child decided to participate in the expert group meeting on the human right to adequate housing, (Geneva, 18-19 January 1996). The Committee was represented by Mrs. Marilia Sardenberg. The meeting was organized jointly by the United Nations Centre for Human Settlements (Habitat) and the United Nations Centre for Human Rights to examine further the various aspects of the right to adequate housing, pursuant to Commission on Human Settlements resolution 15/2 of 5 May 1995.

256. The representative of the Committee stressed that article 27(3) of the Convention on the Rights of the Child provides for the right of children to an adequate standard of living. In this context, it was emphasized that one of the areas where the indivisibility and interdependence of human rights including the rights of children, become more apparent is with respect to the existence of widespread poverty leading to inadequate housing and living conditions. In this spirit, the Sub-Commission on Prevention of Discrimination and Protection of Minorities had requested the Committee on the Rights of the Child to give special attention to the issue of the housing rights of children and their families, when examining States parties reports, as well as to devote one day of general discussion to the impact of poverty and inadequate living and housing conditions on the economic, social and cultural rights of children.

257. Furthermore, bearing in mind the magnitude of the global housing problem, the expert group meeting recognized that particular attention should be paid to the right to adequate housing of specific groups, including women and children and vulnerable groups. The expert group meeting also agreed on the need to develop criteria for measuring progress towards the realization of the human right to adequate housing and for the strengthening of existing United Nations organizations and bodies in the development and promotion of this right. It should be noted that the Committee on the Rights of the Child would benefit greatly in its work from the implementation of this recommendation.

258. The statement addressed by the Committee to the Habitat II conference is contained in annex VIII below.

259. The Committee took note of the outcome of the coordinating Meeting of Experts on Human Rights in Juvenile Justice, held in Vienna in January 1996 as a follow-up to the United Nations Expert Group Meeting on Children and Juveniles in Detention that had taken place in November 1994. The Committee welcomed the opportunity of exchanging views with Mr. Vitit Muntarbhorn who, together with Mr. Geert Cappelaere, had been entrusted with the task of preparing a preliminary study on an integrated international strategy in this field.

260. The Committee further welcomed the fact that in the framework of such a strategy, the Convention on the Rights of the Child and the work of the Committee had been taken as an essential reference. It was encouraged by the consideration given to the main issues identified during the thematic discussion held by the Committee on the administration of juvenile justice in October 1995. It particularly stressed the important area of technical cooperation and assistance, recognizing the need to ensure an integrated approach and better coordination between the various actors concerned, including in the light of the Plan of Action of the High Commissioner for Human Rights to strengthen the implementation of the Convention on the Rights of the Child. As it had emphasized during the general discussion, the Committee recalled the essential role that its concluding observations could play in this regard.

261. The Committee, recognizing the importance of this process, expressed its willingness to continue to be involved in it.

262. The Committee was invited to participate in the Consultation on the World Congress, organized in Geneva on 25 and 26 January 1996. It was represented by two of its members, Mrs. Judith Karp and Ms. Sandra Mason.

263. Benefiting from the presence of Mr. Vitit Muntarbhorn, who has been actively involved in the preparation of the draft final document to be adopted by the Congress, the Committee had an exchange of views with him on the main thrusts of this document. The Committee emphasized the essential value of the principles and provisions of the Convention in the areas to be addressed by the Congress and welcomed the opportunity provided by this international event to strengthen the implementation of existing standards and to mobilize Governments, international organizations and the public at large against these forms of exploitation of children.

264. The Committee had decided, at its previous session, to envisage considering as a theme for a future general discussion the sexual exploitation and sexual abuse of children. In view of the holding of the World Congress against the Commercial Sexual Exploitation of Children, in the preparation of which the Committee has been involved, the Committee has decided that it would be more appropriate to take into consideration the outcome of the Congress before devoting a thematic discussion to this topic. It therefore decided that its next day of general discussion, scheduled to take place on 7 October 1996 during the Committee's thirteenth session, would address the issue of "The child and the media". To prepare this thematic discussion, the Committee established a working group among its members

(Mr. Thomas Hammarberg and Mr. Youri Kolosov) who elaborated an outline identifying the main issues to be raised during the debate. For the text of the outline, see annex IX.

265. The following is the draft provisional agenda for the twelfth session of the Committee:

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

5. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.

266. At its 287th meeting, held on 26 January 1996, the Committee considered the draft report on its eleventh session. The report was unanimously adopted by the Committee.

Djibouti 30 September 1990 6 December 1990 5 January 1991 Dominica 26 January 1990 13 March 1991 12 April 1991

Palau 4 August 1995 a/ 3 September 1995 Panama 26 January 1990 12 December 1990 11 January 1991

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	15 November 1995	CRC/C/3/Add.38
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	20 November 1995	CRC/C/3/Add.39
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	25 July 1995	CRC/C/3/Add.36
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	10 April 1995	CRC/C/3/Add.34
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	2 August 1995	CRC/C/3/Add.37
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	23 May 1995	CRC/C/3/Add.35

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	8 January 1996	CRC/C/8/Add.31
Bahamas	22 March 1991	21 March 1993
Bulgaria	3 July 1991	2 July 1993	29 September 1995	CRC/C/8/Add.29
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	27 October 1995	CRC/C/8/Add.30
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	10 August 1995	CRC/C/8/Add.27
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	18 January 1996	CRC/C/8/Add.32
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	14 September 1995	CRC/C/8/Add.9
Nigeria	19 May 1991	18 May 1993	19 July 1995	CRC/C/8/Add.26
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	29 May 1995	CRC/C/8/Add.25
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	9 November 1995	CRC/C/11/Add.8
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	27 March 1995	CRC/C/11/Add.7
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	16 November 1995	CRC/C/28/Add.4
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	27 July 1995	CRC/C/28/Add.1
New Zealand	6 May 1993	5 May 1995	29 September 1995	CRC/C/28/Add.3
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	22 September 1995	CRC/C/28/Add.2
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

Initial reports due in 1997
Netherlands	7 March 1995	6 March 1997
Malaysia	19 March 1995	18 March 1997
Botswana	13 April 1995	12 April 1997
Qatar	3 May 1995	2 May 1997
Turkey	4 May 1995	3 May 1997
Solomon Islands	10 May 1995	9 May 1997
Haiti	8 July 1995	7 July 1997
Initial reports due in 1997 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
South Africa	16 July 1995	15 July 1997
Palau	3 September 1995	3 September 1997
Swaziland	6 October 1995	5 October 1997
Tuvalu	22 October 1995	21 October 1997
Singapore	4 November 1995	3 November 1997
Tonga	6 December 1995	5 December 1997

Initial reports due in 1998
Kiribati	10 January 1996	9 January 1998
Niue	19 January 1996	18 January 1998
Liechtenstein	21 January 1996	20 January 1998
Brunei Darussalam	26 January 1996	25 January 1998
Andorra	1 February 1996	31 January 1998
Saudi Arabia	25 February 1996	24 February 1998

With reference to the note of the Secretary-General of the United Nations, G/SO 228/2 (3) of 4 December 1995, inviting the Government of the Federal Republic of Yugoslavia to send high-level representatives to attend the meeting of the Committee on the Rights of the Child (Geneva, 18-26 January 1996) scheduled for considering the initial report of the Government of the Federal Republic of Yugoslavia on the implementation of the Convention on the Rights of the Child, may I, upon the Government's instruction, inform you that the position of the Federal Republic of Yugoslavia remains unchanged in respect to the above-mentioned question, explained in my letter No. 208/2 of 24 March 1995.

Therefore, the Government of the Federal Republic of Yugoslavia is not in a position to take part in the forthcoming deliberations of the Committee on the Rights of the Child.

I should like to refer to your letter of 3 January 1996 concerning the invitation to participate in the consideration by the Committee on the Rights of the Child of the initial report of Yugoslavia scheduled to take place on 15 and 16 January 1996.

Note has been taken of the reasons presented by your Government as underlying its position. The Committee, however, would like to reiterate its view in this connection that it considers the Federal Republic of Yugoslavia as duty-bound as a State party to the Convention on the Rights of the Child and will continue to proceed on the basis of this understanding.

As mentioned in your letter of 24 March 1995, the Government of the Federal Republic of Yugoslavia has established a fruitful dialogue with the Committee. The participation of representatives of your Government in the forthcoming deliberations of the Committee would no doubt provide a valuable opportunity to pursue this dialogue with due regard to the best interests of the children of the Federal Republic of Yugoslavia.

It is therefore the hope of the Committee that your Government will reconsider its decision not to participate in the consideration of the report by the Committee at the present session.

The Committee on the Rights of the Child considers that the convening of the Second United Nations Conference on Human Settlements (Habitat II) in Istanbul in June 1996 is an opportunity to reaffirm the right to housing as a fundamental human right of children and to examine some of the aspects of the implementation of this right in the light of the provisions and principles of the Convention on the Rights of the Child.

At the outset, the Committee on the Rights of the Child acknowledges the international recognition of the human right to adequate housing, for the first time, in the Universal Declaration of Human Rights, article 25 of which states that "everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including ... housing".

In this sense, the Committee takes note of and follows closely the activities undertaken by the United Nations system in the field of housing rights, in particular those of the human rights treaty bodies and mechanisms, such as the Special Rapporteur on the right to adequate housing of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

It also notes that, in one formulation or another, the right to housing is contained in various international human rights instruments, including the International Covenant on Economic, Social and Cultural Rights (art. 11), the International Convention on the Elimination of All Forms of Racial Discrimination (art. 5) and the Convention on the Elimination of All Forms of Discrimination against Women (art. 14).

In this respect, the Committee would also like to recall General Comment No. 4 on the right to adequate housing, adopted in 1991 by the Committee on Economic, Social and Cultural Rights.

In the light of the pervasiveness of the phenomenon of homelessness and inadequate housing, which occurs in all parts of the world and affects developing as well as developed countries, the Committee deems it important to emphasize the universal character of the right to housing. It applies to every child, without restriction or distinction of any kind, including on the basis of sex, religion, race, national, ethnic or social origin or property.

The Committee believes that, as reflected in General Comment No. 4 of the Committee on Economic, Social and Cultural Rights, the right to housing should not be interpreted in a narrow or restrictive sense, but has to be interpreted as a right to live somewhere in security, peace and dignity.

As early as 1924, the right to adequate "material and spiritual living conditions for the achievement of a normal and harmonious development of the child", was incorporated in Principle No. 1 of the Declaration on the Rights of the Child of the League of Nations, the so-called "Declaration of Geneva".

Thirty years later, in 1959, the General Assembly of the United Nations, in its resolution 1386 (XIV), proclaimed the Declaration of the Rights of the Child, principle 4 of which states:

"The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end special care and protection shall be provided both to him and his mother, including adequate prenatal and postnatal care. The child shall have the right to adequate nutrition, housing, recreation and medical services."

The Committee considers that it is important to place special emphasis on the right to housing of children, in the light of the provisions and principles of the Convention on the Rights of the Child, adopted in 1989.

The Convention constitutes the legal and political reference in the area of children's rights for almost every country in the world, since it has been ratified or acceded to by 187 States. The States parties to the Convention have committed themselves to respect and ensure the fundamental rights of children and to adopt all necessary measures for their well-being and the harmonious development of their personality, guided by the principle of the best interests of the child and to the maximum extent of the States parties' resources.

Article 27 of the Convention states in very broad terms the right of every child to an adequate standard of living and clearly defines parents' and States' responsibilities to that effect:

"1.States parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

"2.The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child's development.

"3.States parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing."

The right to housing is, therefore, explicitly referred to in the Convention as an essential component of the right to a standard of living adequate for the child's overall development, along the same lines as in the Universal Declaration of Human Rights and other international instruments.

On the other hand, the Committee believes that the implementation of the right to housing of children clearly illustrates the universality, indivisibility and interdependence of human rights, as incorporated in the Vienna Declaration and the Programme of Action, adopted by the World Conference on Human Rights in 1993. In fact, the dynamic relationship existing between the right of children to adequate housing and many other children's rights, including their economic, social and cultural rights, points out very clearly how essential the concepts of indivisibility and interdependence are to the full enjoyment by all children of their human rights.

In this context, when considering reports submitted by States parties, the Committee has decided to monitor the implementation of the right to housing of children in the light of the implementation of the general principles of the Convention, namely the right to non-discrimination (art. 2), the best interests of the child (art. 3), the right to life (art. 6) and the right to participation (art. 12). Similarly, the Committee also takes into due consideration the implementation of other relevant rights of children contained in the Convention, in the various other areas covered by the Convention, especially when assessing the situation of children in particularly vulnerable situations, including children living and/or working in the streets and abandoned children.

It is important to emphasize that the rights to housing of children are interrelated to and interdependent with nearly every other right contained in the Convention. This underlines the comprehensive and holistic thrust of the Convention, as well as of its process of implementation and monitoring.

Reaffirming the importance it attaches to maintaining effective cooperation and meaningful dialogue with United Nations bodies active in areas essential to the realization of children's rights, the Committee decided to participate in the Expert Group Meeting on the Human Right to Adequate Housing, organized by the Centre for Human Rights and the United Nations Centre for Human Settlements (Habitat) in January 1996 in Geneva, and welcomed the attention paid by the meeting to the specific situation of children in relation to housing rights and in view of the magnitude of global housing problems.

Furthermore, and stressing the necessity and importance of ensuring its involvement in the Second United Nations Conference on Human Settlements (Habitat II) and its preparatory activities, the Committee decided to follow closely the drafting process of the Habitat Agenda, with a view to ensuring that the situation and the fundamental right to adequate housing of children are duly reflected and incorporated in the text of the adopted final document, and as a means of reinforcing the human rights component in the deliberations of and follow-up to the Conference, in the framework of international cooperation.

"The child and the media" is the theme for the next general discussion of the United Nations Committee on the Rights of the Child. The discussion will take place on 7 October 1996 at the United Nations Office at Geneva. United Nations bodies and specialized agencies as well as non-governmental organizations and representatives of the media, including organizations of journalists, are invited to take part in this full-day discussion.

This decision was taken by the Committee on the Rights of the Child at its eleventh session in the light of rule 75 of the its provisional rules of procedure. The purpose of the general discussions is to enhance a deeper understanding of the content and implications of the Convention. The discussions are public.

The Convention on the Rights of the Child is formally addressed to Governments and does not interfere with the independence of the media; however, it does have an indirect message for media institutions: as with human rights in general, the press and other media have essential functions in promoting and protecting the fundamental rights of the child.

The Committee on the Rights of the Child believes that the media - both written and audiovisual - are highly important in the efforts to make reality the principles and standards of the Convention. The media in many countries have already contributed greatly in creating an awareness of the Convention and its content. The media could also play a pivotal role in monitoring the actual implementation of the rights of the child.

In their reporting the media give an "image" of the child; they reflect and influence perceptions about who children are and how they behave. This image could create and convey respect for young people; however, it could also spread prejudices and stereotypes which may have a negative influence on public opinion and politicians. Nuanced and well-informed reporting is to the benefit of the rights of the child.

It is important that the media themselves do not abuse children. The integrity of the child should be protected in reporting about, for instance, involvement in criminal activities, sexual abuse and family problems. Fortunately, the media in some countries have voluntarily agreed to respect guidelines which offer such protection of the privacy of the child; however, such ethical standards are not always adhered to.

Concern has also been expressed about the influence on children of negative aspects of the media, primarily programmes containing brutal violence and pornography. There is discussion in a number of countries about how to protect children from violence on television in video films and in other modern media. Again, voluntary agreements have been attempted, with varied impact. This particular problem is raised in article 17 of the Convention which recommends that appropriate guidelines be developed "for the protection of the child from information and material injurious to his or her well-being".

Such guidelines have indeed been developed in some countries, with varied results. The United Nations Educational, Scientific and Cultural Organization has recently renewed discussion on this topic.

Finally, the media is important for offering children the possibility of expressing themselves. One of the principles of the Convention is that the views of children be heard and given due respect (art. 12). This is also reflected in articles about freedom of expression, thought, conscience and religion (arts. 13-14). It is in the spirit of these provisions that children should not only be able to consume information material but also to participate themselves in the media. This requires that there exist media which communicate with children. The Committee on the Rights of the Child has noted that there have been experiments in several countries to develop child-oriented media; some daily newspapers have special pages for children and radio and television programmes also devote special segments for the young audience. Further efforts are, however, needed.

For the general discussion, the Committee on the Rights of the Child invites written contributions on all the topics mentioned above. The Committee has decided to recommend special emphasis on the following aspects:

(b) What can be done to encourage the media to contribute in combating xenophobia?

The analysis is intended to cover all forms of media, including video games and the INTERNET.

Written input is welcome and should be addressed to the United Nations Committee on the Rights of the Child, c/o Centre for Human Rights, Palais des Nations, Geneva, Switzerland, by 2 September 1996.

CRC/C/15/Add.49 Concluding observations: Federal Republic of Yugoslavia (Serbia and Montenegro)

CRC/C/27/Rev.4 Note by the Secretary-General on the follow-up to the consideration of reports

CRC/C/40/Rev.2 Note by the Secretary-General on areas identified by the Committee for technical assistance

CRC/C/48 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports

CRC/C/49 Note by the Secretary-General on initial reports by States parties due in 1997