UNITED

NATIONS


CRC

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Convention on the

Rights of the Child


Distr.

GENERAL

 

CRC/C/66

6 June 1997

 

Original: ENGLISH

 

 



COMMITTEE ON THE RIGHTS OF THE CHILD


Report on the fifteenth session


(Geneva, 20 May  6 June 1997)



CONTENTS


Chapter                                                                                                           Paragraphs Page


       I.       ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . .      1  18                  4


                A.    States parties to the Convention. . . . . . . . . . . . . .     1  2                   4


                B.    Opening and duration of the session. . . . . . . . . . .            3                 4


                C.    Membership and attendance. . . . . . . . . . . . . . . . . . . . .     4  10                  4


                D.    Solemn declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . .          11                 5


                E.     Election of officers. . . . . . . . . . . . . . . . . . . . . . . . . .          12                 6


                F.     Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          13                 6


                G.    Presessional working group. . . . . . . . . . . . . . . . . . .     14  16                 6


                H.    Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . .          17                 7


                I.      Future regular meetings. . . . . . . . . . . . . . . . . . . . . . .          18                 7


     II.        REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF

                THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      19  312               8


                A.    Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . .     19  25                 8


                B.    Consideration of reports. . . . . . . . . . . . . . . . . . . . . .     26  312               9



GE.9717203 (E)



CONTENTS (continued)


Chapter                                                                                                           Paragraphs Page


                              Concluding observations: Cuba. . . . . . . . . . . . .      31  74                 9


                              Concluding observations: Ghana. . . . . . . . . . . .      75  123             15


                              Concluding observations: Bangladesh. . . . . . .     124  171            22


                              Concluding observations: Paraguay. . . . . . . . .     172  220            29


                              Concluding observations: Algeria. . . . . . . . . .     221  262            35


                              Concluding observations: Azerbaijan. . . . . . .     263  312            41


   III.        OVERVIEW OF THE OTHER ACTIVITIES OF THE

                COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     313  329            48


                A.    Review of developments relevant to the work

                         of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    313  316            48


                B.    Cooperation with United Nations and other

                         competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    317  326            49


                C.    Followup to the general discussion on

                         “The child and the media”. . . . . . . . . . . . . . . . . . . . .        327               51


                D.    Future thematic debate on the rights of

                         children with disabilities. . . . . . . . . . . . . . . . . . . .    328  329            52


     IV.      DRAFT PROVISIONAL AGENDA FOR THE SIXTEENTH

                SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         330               53


       V.     ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . .         331               53


Annexes


       I.       States which have ratified or acceded to the Convention

                on the Rights of the Child as at 6 June 1997. . . . . . . . . . . . . . . . . . .       54


     II.        Membership of the Committee on the Rights of the Child. . . . . . . . .       60


   III.        Status of submission of reports by States parties under

                article 44 of the Convention on the Rights of the Child

                as at 6 June 1997. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       61


     IV.      Working Group on Children and the Media  report to the

                Committee on the Rights of the Child. . . . . . . . . . . . . . . . . . . . . . . . . . .       72




CONTENTS (continued)


Paragraphs Page


       V.     General discussion on “The rights of children with

                disabilities”  draft outline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       78


     VI.      List of initial reports considered by the Committee on

                the Rights of the Child as at 6 June 1997. . . . . . . . . . . . . . . . . . . . . .       81


   VII.       Provisional list of initial reports scheduled for

                consideration at the Committee's sixteenth and

                seventeenth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       85


 VIII.       List of documents issued for the fifteenth session of the

                Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       86




I. ORGANIZATIONAL AND OTHER MATTERS


A. States parties to the Convention


1.         As at 6 June 1997, the closing date of the fifteenth session of the Committee on the Rights of the Child, there were 191 States parties to the Convention on the Rights of the Child. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.


2.         The texts of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C/2/Rev.6.


B. Opening and duration of the session


3.         The Committee on the Rights of the Child held its fifteenth session at the United Nations Office at Geneva from 20 May to 6 June 1997. The Committee held 27 meetings (372nd398th). An account of the Committee's deliberations at its fifteenth session is contained in the relevant summary records (CRC/C/SR.372, 374382, 385392, and 398). At the opening of the session, the OfficerinCharge, High Commissioner/Centre for Human Rights, Mr. Ralph Zacklin, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child.


C. Membership and attendance


4.         At the Sixth Meeting of the States parties to the Convention, held on 18 February 1997, the following members were elected or re-elected to the Committee: Mr. Francesco Paolo Fulci (Italy), Mrs. Nafsiah Mboi (Indonesia), Mrs. Esther Margaret Queen Mokhuane (South Africa), Mr. Ghassan Salim Rabah (Lebanon), Mrs. Marilia Sardenberg (Brazil).


5.         In accordance with article 43, paragraph 7, of the Convention and rule 14 of the Committee's provisional rules of procedure, Mrs. Akila Belembaogo and Mr. Thomas Hammarberg informed the Committee of their decision to cease to function as members of the Committee. By notes verbales dated 8 April and 28 April 1997 respectively, the Governments of Burkina Faso and Sweden informed the Secretary-General of the appointment of Mrs. Awa N'Deye Ouedraogo and Mrs. Lisbeth Palme as experts of the Committee for the remainder of the terms of Mrs. Belembaogo and Mr. Hammarberg. At the start of the session, the Committee approved the appointment of Mrs. Ouedraogo and Mrs. Palme by secret ballot, in accordance with rule 14 of its provisional rules of procedure.




6.         All the members of the Committee attended the fifteenth session. A list of the members, together with an indication of the duration of their terms of office, is provided in annex II to the present report. Mrs. Lisbeth Palme was unable to attend the entire session.


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


8.         The following specialized agencies were also represented at the session: International Labour Organization, World Health Organization.


9.         Representatives of the International Committee of the Red Cross and of the Institut Henri Dunant also attended the session.


10.       Representatives of the following nongovernmental organizations were also in attendance at the session:


General consultative status

 

International Council of Women, International Movement ATD Fourth World, Zonta International.


Special consultative status

 

Association for the Advancement of Psychological Understanding of Human Nature, Coalition against Trafficking in Women, Defence for Children International, International Catholic Child Bureau, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights.


Roster

 

World Organization against Torture.


Others

 

Children's Rights Information Network (CRIN), Epoch Worldwide, International Inner Wheel, Network for the Convention on the Rights of the Child, NGO Group for the Convention on the Rights of the Child, One World Productions.


D. Solemn declaration


11.       At the 372nd meeting, on 20 May 1997, those members of the Committee who were elected or re-elected at the Sixth Meeting of the States parties as well as Mrs. Ouedraogo made a solemn declaration in accordance with rule 15 of the provisional rules of procedure. Mrs. Palme made her solemn declaration at the 380th meeting.




E. Election of officers


12.       At its 372nd and 373rd meetings, held on 20 May 1997, the Committee elected the following officers for a term of two years in accordance with rule 16 of the provisional rules of procedure:


            Chairperson:                   Ms. Sandra Prunella Mason (Barbados)


            Vice-Chairpersons:         Mrs. Judith Karp (Israel)                                                   Mr. Youri Kolosov (Russian Federation)

                                                   Mr. Ghassan Salim Rabah (Lebanon)


            Rapporteur:                     Mrs. Nafsiah Mboi (Indonesia)


F. Agenda


13.       At its 372nd meeting, on 20 May 1997, the Committee adopted the following provisional agenda.

 

1.Adoption of the agenda.

 

            2.         Solemn declaration by the newly elected members of the Committee.

 

            3.         Election of the officers of the Committee.

 

4.Organizational and other matters.

 

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

 

6.Consideration of reports of States parties.

 

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

 

            8.         Methods of work of the Committee.

 

            9.         Future meetings of the Committee.

 

10.Other matters.


G. Presessional working group


14.       In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 27 to 31 January 1997. Mrs. Hoda Badran, Mrs. Flora Eufemio, Mrs. Judith Karp, Mr. Youri Kolosov, Miss Sandra Mason and Mrs. Marilia Sardenberg participated in the working group. 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 World Health Organization 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 national and international nongovernmental organizations, attended the session.


15.       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.


16.       The pre-sessional working group held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of six countries: Algeria, Australia, Azerbaijan, Bangladesh, Ghana and the Lao People's Democratic Republic. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note requesting written answers to the issues raised in the list, if possible before 7 April 1997.


H. Organization of work


17.       The Committee considered the organization of work at its 372nd meeting, on 20 May 1997. The Committee had before it the draft programme of work for the fifteenth session, prepared by the SecretaryGeneral in consultation with the Chairperson of the Committee, and the report of the Committee on its fourteenth session (CRC/C/62).


I. Future regular meetings


18.       The Committee noted that its sixteenth session would take place from 22 September to 10 October 1997 and its pre-sessional working group would meet from 9 to 13 June 1997.




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


A. Submission of reports


19.       The Committee had before it the following documents:


            (a)       Notes by the SecretaryGeneral on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51) and 1998 (CRC/C/61); and on periodic reports of States parties due in 1997 (CRC/C/65);


            (b)       Note by the SecretaryGeneral on the States parties to the Convention and the status of submission of reports (CRC/C/64);


            (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.8);


            (d)       Note by the SecretaryGeneral on areas in which the need for technical advice and advisory services has been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.6).


The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see para. 27 below) and those which had been received prior to the Committee's twelfth session (see CRC/C/62, para. 15), the SecretaryGeneral had received the initial reports of Armenia (CRC/C/28/Add.9), Georgia (CRC/C/41/Add.4), India (CRC/C/28/Add.10), Mali (CRC/C/3/Add.53), the Netherlands (CRC/C/51/Add.1), the former Yugoslav Republic of Macedonia (CRC/C/8/Add.36) and Vanuatu (CRC/C/28/Add.8). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.


20.       A list of initial reports considered by the Committee as of 6 June 1997, as well as a provisional list of initial reports scheduled for consideration at the Committee's sixteenth and seventeenth sessions, are contained in annexes VI and VII respectively.


21.       As at 6 June 1997 the Committee had received 107 initial reports. A total of 77 reports have been examined by the Committee.


22.       By a note verbale dated 8 November 1996, the Permanent Mission of Paraguay transmitted the additional information which had been requested in the preliminary observations (CRC/C/15/Add.27) adopted by the Committee at its seventh session in connection with the initial report of Paraguay (CRC/C/3/Add.17).


23.       By a letter dated 31 January 1997, the Permanent Mission of Slovenia to the United Nations Office at Geneva indicated the various measures adopted in that State party as a follow-up to the recommendations addressed to it during the examination of its initial report.




24.       By a note verbale dated 2 April 1997, the Permanent Mission of Lebanon to the United Nations Office at Geneva transmitted the observations of the Lebanese Government relating to the concluding observations adopted upon consideration of the initial report of Lebanon.


25.       By a letter dated 29 May 1997, the Permanent Mission of Spain to the United Nations Office at Geneva forwarded to the Committee copies of a report on the implementation of the Convention on the Rights of the Child in Spain published by the Ministry of Labour and Social Affairs.


B. Consideration of reports


26.       At its fifteenth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 16 of its 27 meetings to the consideration of reports (see CRC/C/SR.374379, 380385 and 387392).


27.       The following reports, listed in the order in which they were received by the SecretaryGeneral, were before the Committee at its fifteenth session: Cuba (CRC/C/8/Add.30), Ghana (CRC/C/3/Add.39), Bangladesh (CRC/C/3/Add.38 and Add.49), Paraguay (CRC/C/3/Add.22 and Add.47), Algeria (CRC/C/28/Add.4) and Azerbaijan (CRC/C/11/Add.8).


28.       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.


29.       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 require specific followup.


30.       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.


Concluding observations: Cuba


31.       The Committee considered the initial report of Cuba (CRC/C/8/Add.30) at its 374th to 376th meetings (CRC/C/SR.374-376), held on 21 and 22 May 1997 and adopted* the following concluding observations:


A. Introduction


32.       The Committee welcomes the submission of the State party’s initial report and the written replies to the Committee’s list of questions (CRC/C/Q/CUB.1). The Committee expresses its appreciation to the State party for engaging in an open dialogue and for acknowledging the problems, difficulties and challenges facing the country in implementing the Convention.


         


     * At the 398th meeting, held on 6 June 1997.


B. Positive aspects


33.       The Committee notes the historic progress the State party has made in providing services for and advancing the well-being of children, especially in the fields of health and education, which are reflected in the country’s socio-economic indicators such as its infant mortality rate and teacherpupil ratio.


34.       The Committee notes with satisfaction that a Plan of Action to attain the goals of the World Summit for Children has been formulated and is being implemented at both the national and municipal levels.


35.       Note is taken of the Government’s recent initiatives to implement

sex education programmes in cooperation with the United Nations Population Fund (UNFPA).


36.       The Committee takes note of the importance the State party attaches to the provision of care for the disabled and the priority measures introduced in this area.

  

37.       The Committee also takes note of the willingness of the State party to provide international assistance to victims of emergencies, particularly in the case of 14,000 persons affected by the Chernobyl environmental disaster who received treatment offered by Cuba.

 

C. Factors and difficulties impeding the

implementation of the Convention


38.       The Committee takes note of the difficulties for the State party in its implementation of the Convention as a result of the dissolution of its traditional economic ties and the intensification of the trade embargo.


D. Principal subjects of concern


39.       It is the view of the Committee that insufficient steps have been taken to study and review the compatibility of national legislation with the principles and provisions of the Convention, so as to ensure fulfilment of all the rights provided for in the Convention.


40.       The Committee is concerned that insufficient steps have been taken to adequately reflect, in the State report, all the rights provided for in the Convention.


41.       The Committee is concerned about the sectoral approach adopted by existing mechanisms monitoring the implementation of the Convention and

their ineffectiveness in reflecting the holistic approach essential to a comprehensive implementation of the Convention.

 

42.       The Committee is further concerned about the lack of an independent mechanism, such as an Ombudsperson, accessible to children to deal with complaints of the violation of their rights and to provide remedies for such violations.


43.       The Committee draws the attention of the State party to certain lacunae in the statistical and other information collected by the State party, including with respect to the choice and development of indicators to monitor the implementation of the principles and provisions of the Convention. From information provided in the State party’s report, the Committee notes that in certain instances statistics on the situation of children are being collected only for children up to the age of 15.


44.       The Committee is concerned about the inadequacy of measures taken to incorporate education about the principles and provisions of the Convention fully into the training given to professionals working with and for children, including judges, lawyers, law enforcement personnel, teachers, social welfare officers, doctors and other health professionals, as well as personnel working in childcare institutions for children and officials of the central and local administrations.


45.       The Committee is concerned about the failure to provide for a minimum age for sexual consent and the absence of harmonization between the age for the completion of compulsory schooling and the minimum age for employment.


46.       The Committee is of the view that insufficient measures have been taken to ensure the implementation of the general principles of the Convention in policy, practice and procedures, especially with regard to article 3 (the best interests of the child) and article 12 (respect for the views of the child). The Committee is of the view that the measures taken to ensure respect for the views of the child, in the family and social life, as well as in the context of administrative, social welfare and other procedures affecting and applying to them, are insufficient.


47.       The Committee regrets the insufficiency of information provided on the implementation of the civil rights and freedoms of children.


48.       It is the view of the Committee that the apparent absence of independent mechanisms for monitoring the situation of children in institutions is a matter of concern.


49.       While the Committee takes note of the State party’s efforts to deal with the issue of child abuse, including through the establishment of an early warning system for violence against children, it is of the view that these measures are insufficient to fully protect children from such violations. Furthermore, serious concern remains in relation to a child’s opportunity to report abuse and other violations of his/her rights in the family, schools or other institutions and to have a complaint taken seriously and responded to effectively.


50.       The Committee is also concerned about issues relating to children who exhibit anti-social behaviour, namely an increase in the number of children with behavioural problems and the adequacy of existing mechanisms to address their problems effectively.




51.       The Committee notes with concern that obstacles remain to the effective implementation of the family planning and education programmes in the country, particularly in view of the lack of quality materials and services available in Cuba.


52.       The Committee has noted that, while there is an absence of statistics relating to the incidence of school drop-out, available statistics reveal a decline in the number of children enrolled in secondary education and a reduction in the availability of scholarships for children to continue their education.


53.       With regard to the issues of drug abuse and trafficking, child labour, child prostitution and suicide, the Committee takes note of the information provided by the State party that cases involving children are few and isolated. Nonetheless, it wishes to express its concern that, in light of the considerable social and economic problems facing the country, insufficient efforts are being taken by the State party to devise preventive strategies to ensure that such problems do not become more prevalent, thereby endangering future generations of children.


54.       It is also a matter of concern to the Committee that some issues relating to the system of juvenile justice were not fully addressed, including on the compatibility of the juvenile justice system with the principles and provisions of the Convention, especially in relation to the protection afforded to children aged 16 to 18 years of age and the detention of children with adults.


E. Suggestions and recommendations


55.       In the spirit of the Vienna Declaration and Programme of Action of 1993 and in light of the discussion in the Committee, the Committee recommends that the State party consider the possibility of reviewing the Declaration it made to the Convention with a view to its withdrawal.


56.       The Committee encourages the State party to undertake a review of its national legislation in order to ensure its full compatibility with the principles and provisions of the Convention and that the whole range of rights provided for in the Convention find expression in domestic legislation, policy and actions.

  

57.       The Committee encourages the State party in its efforts to consider becoming a party to related human rights instruments, including the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption of 1993 and the Convention relating to the Status of Refugees of 1951.


58.       The State party is urged to take action to strengthen the capacity of the country’s monitoring and coordinating mechanisms concerning the rights of the child with the aim of ensuring a holistic approach to the implementation of the Convention and raising the political visibility of issues relating to children.


59.       In light of the Committee’s view that further efforts are required to ensure that the Convention is used as a political tool and a framework for action on behalf of children, the Committee recommends that future national and local programmes of action on children incorporate policies, programmes, aims and goals reflecting the principles and provisions of the Convention.


60.       In accordance with the principles and provisions of the Convention, the Committee suggests that the State party consider introducing systems, within the framework of international cooperation, which provide for the collection, compilation and analysis of data concerning children up to the age of 18, including information on the violations of the rights of the child, disaggregated, inter alia, by gender and location.


61.       It is further recommended that education about the principles and provisions of the Convention be included in the training of professionals working with and for children such as doctors, health and social welfare personnel, judges, law enforcement personnel, lawyers, teachers, personnel working in childcare institutions and officials of the central and local administrations.


62.       In accordance with the Convention, the Committee recommends the harmonization of legislation, including with respect to the age of completion of compulsory schooling and the minimum age for employment.


63.       The Committee recommends that further measures be taken to ensure the effective implementation of the general principles of the Convention, notably non-discrimination, best interests of the child and respect for the views of the child. Thus, these principles should constitute the framework for the design and implementation of policy in all actions concerning children whether undertaken by social welfare institutions, administrative authorities or legislative bodies.


64.       The Committee encourages the State party to pursue the efforts required to ensure a holistic approach to the implementation of the Convention, which reaffirms that the rights of the child are indivisible, interdependent and interrelated and that the rights of the child should be addressed in an integrated manner. In this regard, the Committee recommends that special attention be accorded to the implementation of the civil rights and freedoms of children.


65.       The Committee recommends that further measures to protect children from abuse and maltreatment be undertaken, in particular through the development of a widespread public information campaign for the prevention of corporal punishment and bullying of children, whether by adults or by other children.


66.       In relation to the State party's strategy for dealing with accidents affecting children, the Committee suggests that the State party consider focusing even greater efforts on preventive measures.


67.       The Committee recommends that further resources and assistance be devoted to activities in the area of family planning and health education programmes, with a view to addressing the problem of teenage or unwanted pregnancies and changing male sexual behaviour. Issues relating to the incidence and treatment of children infected with or affected by HIV/AIDS and STDs and to reducing the apparent recourse to abortion as a method of family planning should also be the focus of programmatic actions. It is also recommended that major efforts be undertaken to broaden the coverage of reproductive health educational programmes beyond married couples.


68.       The Committee is of the view that the State party should review, as a matter of urgency, the minimum legal age of sexual consent with a view to raising it.


69.       The Committee recommends that further psycho-social measures should be taken to prevent and control the debilitating effects of behavioural problems affecting children.


70.       With respect to the implementation of articles 28 and 32 of the Convention, the Committee recommends that further measures be taken to implement the recommendations of the ILO Committee of Experts on the Application of Conventions and Recommendations with respect to the obligations arising from ILO Convention No. 79 which provides for a period of rest at night of at least 12 consecutive hours, including the interval between 10 p.m. and 6 a.m., for young persons under the age of 18. The Committee also

suggests that additional efforts be undertaken to monitor more closely the implementation of articles 28 and 32 of the Convention, including through the development and use of selected indicators to track trends in such matters as the drop-out rate from school and the entry of children into the informal labour market.


71.       While the Committee notes that begging, drug abuse and trafficking and child prostitution are not major problems in the country at present, the Committee recommends that the Government monitor these issues closely with a view to their early prevention.


72.       The Committee further recommends that the Criminal Code provide for the protection of children up to the age of 18 from sexual exploitation. The Committee also recommends that further measures be undertaken in order to address matters relating to the sexual exploitation of children, particularly through tourism, taking into account the recommendations adopted at the World Congress against the Commercial Sexual Exploitation of Children held in Stockholm.


73.       In light of article 44, paragraph 6 of the Convention, the Committee recommends that the initial report and the written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, National Assembly and general public.


74.       The Committee would appreciate receiving from the State party, in writing, further information on the questions and issues raised during the discussion which were not fully answered or clarified, including with respect to matters relating to the right of the child to family reunification.


Concluding observations: Ghana


75.       The Committee considered the initial report of Ghana (CRC/C/3/Add.39) at its 377th to 379th meetings (CRC/C/SR.377379), held on 22 and 23 May 1997 and adopted* the following concluding observations:


A. Introduction


76.       The Committee welcomes the initial report and the written answers to the list of issues (CRC/C/Q/GHA/1) submitted by the State party. The Committee expresses its satisfaction at the additional information provided by the State party in the course of the dialogue with the Committee, during which the representatives of the State party indicated in a selfcritical manner not only the policy and programme directions, but also the difficulties encountered in implementing the Convention.


B. Positive aspects


77.       The Committee notes the establishment in 1979 of the Ghana National Commission on Children. It also welcomes the adoption of a National Plan of Action which has been incorporated into the National Development Policy Framework.


78.       The Committee notes with appreciation that the State party promulgated a new Constitution in 1992 which includes specific provisions relating to children’s rights. It also notes that the State party, through a multisectoral committee, in 1995, engaged in a comprehensive law reform process to ensure full compatibility between national laws and the Convention on the Rights of the Child.


79.       The Committee welcomes the establishment in 1992 of the Commission on Human Rights and Administrative Justice which is also involved in the protection of the human rights of children.


C. Factors and difficulties impeding the

                                        implementation of the Convention


80.       The Committee recognizes the economic difficulties faced by the State party, especially the constraint posed by its structural adjustment programme. Furthermore, the Committee notes that certain traditional practices and customs, prevailing particularly in rural areas, hamper the effective implementation of the provisions of the Convention, especially with regard to the girl child.





         


     * At the 398th meeting, held on 6 June 1997.


D. Principal subjects of concern


81.       While taking note of the measures undertaken in the field of law reform, including the intention to adopt a Children’s Act, the Committee notes with concern that currently several provisions of the law are incompatible with the provisions and principles of the Convention, especially in the fields of civil

rights, adoption and juvenile justice. The Committee also remains concerned about the conflict between customary law and the principles and provisions of the Convention in some areas such as marriage.


82.       The Committee notes with satisfaction the existence of government bodies dealing with the welfare of children at the national and local levels; it nevertheless expresses its concern that there is insufficient coordination between them to develop a comprehensive approach to the implementation of the Convention.


83.       While acknowledging the work undertaken by the Ghana National Commission on Children, the Committee is concerned about its weak institutional and financial status.


84.       The Committee is concerned at the lack of a systematic mechanism to monitor progress in all areas covered by the Convention and in relation to all groups of children in urban and rural areas, especially during the current process of decentralization. The Committee is also concerned about the State party’s limited capacity to collect and process data, as well as develop specific indicators to evaluate progress achieved and assess the impact of policies adopted on children, in particular the most vulnerable groups of children.


85.       With regard to the implementation of article 4 of the Convention, the Committee notes with concern the absence of policies and measures to fully guarantee economic, social and cultural rights of children “to the maximum extent of available resources”.


86.       In the light of article 2 of the Convention, the Committee remains concerned about the persistence of discriminatory attitudes against some groups of children, especially girls and children with disabilities as well as children living in rural areas, which often results in limited access to basic social facilities such as health and education.


87.       Concern is expressed by the Committee at the insufficient measures undertaken to ensure the effective implementation of the general principles (arts. 2, 3, 6 and 12) of the Convention on the Rights of the Child in relation to legal, judicial and administrative decisions as well as to the political decisionmaking process.


88.       The Committee expresses its concern regarding the lack of sufficient awareness of the principles and provisions of the Convention in all parts of society, among adults and children alike. It also is concerned by the lack of sufficient training for professional groups working with or for children such as judges, lawyers, magistrates, law enforcement personnel, army officials, teachers, school managers, health personnel, social workers, officials of central and local administrations and personnel of childcare institutions.


89.       In relation to article 7 of the Convention, the Committee is concerned that in many rural areas regulations on birth registration are not fully implemented and that children who are not registered may be seriously disadvantaged in the enjoyment of their rights.


90.       The Committee is deeply concerned by the institutionalized use of corporal punishment as a means of discipline, particularly in schools, as well as at the absence of a comprehensive law that clearly prohibits the use of both mental and physical torture or other cruel, inhuman or degrading treatment or punishment against children.


91.       In light of article 17 of the Convention, the Committee notes with concern that no mechanism exists to protect children from being exposed to harmful information, including pornography.


92.       The Committee further notes with concern the inadequacy of existing laws in protecting children who are “adopted” - a situation which has led to abuses such as exploitation through domestic labour, particularly of girls.


93.       The Committee is also concerned by the increase in the number of children living and/or working on the street in major cities. It is also worried by the violence that is often directed against them. The Committee is further concerned by the lack of statistical data and studies on such children.


94.       The Committee is concerned by the persistence of malnutrition and the apparent difficulty in reversing this negative trend. It is also worried by the rapid spread of HIV/AIDS throughout the country and its devastating impact on childen.


95.       The Committee remains concerned at the persistence of traditional attitudes and harmful practices, such as female genital mutilation, early marriages, teenage pregnancies and Trokosi (ritual enslavement of girls).


96.       With regard to the right to education (arts. 28 and 29), while noting that the principle of free, universal and compulsory basic education for all children is recognized by the State party, the Committee is concerned that this fundamental right is not yet fully and equally implemented throughout the country. Furthermore, the Committee is concerned about the low level of school enrolment and the high drop-out rates, especially among girls, the lack of learning and teaching facilities and the shortage of trained teachers, particularly in rural areas.


97.       In light of articles 2, 3 and 22 of the Convention, the Committee is concerned about the difficulties encountered by refugee children in securing access to basic education, health and social services.


98.       The Committee is concerned about the insufficiency of legal and other measures to prevent and combat economic exploitation of children adequately, especially in the informal sector.


99.       The Committee is concerned by the recent emergence of substance abuse among children and the limited prevention and rehabilitation measures and facilities to combat this phenomenon.


100.     The Committee is concerned by the absence of information and data concerning sexual abuse and exploitation, including in the family. In this regard, it is also worried about the fact that children aged between 14 and 18 years do not benefit from appropriate legal and social protection measures.


101.     The situation in relation to the administration of juvenile justice and in particular its compatibility with articles 37, 39 and 40 of the Convention, as well as other relevant international standards, is a matter of concern. The Committee remains particularly concerned about, inter alia, violations of the rights of the child in detention centres, the low age (7 years old) for criminal responsibility and the inadequacy of existing alternative measures to imprisonment.


E. Suggestions and recommendations


102.     The Committee recommends that the comprehensive law on the protection of the child currently being drafted be in conformity with the principles and provisions of the Convention and that it be finalized and adopted in the near future.


103.     The Committee recommends that the State party strengthen coordination among the various governmental bodies and mechanisms involved in children's rights, at both the national and local levels, with a view to developing a comprehensive policy on children and ensuring effective evaluation of the implementation of the Convention. The Committee encourages the State party to pursue its efforts to strengthen the institutional framework designed to promote and protect human rights in general and the rights of the child in particular. In this regard, it recommends that the role and resources of the Ghana National Commission on Children be reinforced within as well as outside the government sphere. It encourages the State party to further cooperate closely with non-governmental organizations (NGOs). Furthermore, the Committee encourages the State party to ratify in the near future other major international human rights treaties, inter alia the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


104.     The Committee also recommends that the State party give priority attention to the development of a system of data collection and analysis as well as to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children in society. Such mechanisms can play a vital role in systematically monitoring

the status of children and evaluating progress achieved and the difficulties hampering the realization of children's rights. They can be used as a basis for designing programmes to improve the situation of children, particularly the most disadvantaged, including children with disabilities, the girl child, children ill-treated and abused within the family and in other institutions, children deprived of liberty, children who are victims of sexual exploitation,


refugee children and children living and/or working on the street. It is further suggested that the State party request international cooperation in this regard.


105.     In the light of articles 2, 3 and 4 of the Convention, the Committee recommends that priority be given in budget allocations to the realization of the economic, social and cultural rights of children, with particular emphasis on health and education, and on the enjoyment of these rights by children, particularly the most disadvantaged. In this regard, the Committee suggests that the authorities responsible for overall planning and budgeting continue to be fully involved in the activities of the Ghana National Commission on Children, with a view to ensuring that their decisions have a direct and positive impact on the budget.


106.     The Committee further recommends that all appropriate measures, including public information campaigns be undertaken to prevent and combat all forms of discrimination against girls and children with disabilities, especially those living in rural areas, with a view, inter alia, to facilitating their access to basic services.


107.     It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention, in particular “the best interests of the child” (art. 3) and the participation of children (art. 12), not only guide policy discussions and formulation and decision-making, but also are appropriately integrated into any judicial and administrative decisions, as well as in the development and implementation of all projects and programmes which have an impact on children.


108.     The Committee recommends that the State party launch a systematic information campaign, for both children and adults, on the Convention on the Rights of the Child. Consideration should be given to the incorporation of the Convention in the curricula of all educational institutions and appropriate measures should be taken to facilitate access by children to information concerning their rights. The Committee also suggests that the State party further direct efforts to provision of comprehensive training programmes for professional groups working with and for children such as judges, lawyers, magistrates, law enforcement personnel, army officials, teachers, school managers, health personnel, social workers, officials of central and local administrations and personnel of childcare institutions.


109.     In light of article 7 of the Convention, the Committee recommends that special efforts be directed to development of an effective system of birth registration, to ensure the full enjoyment of their fundamental rights by all children. Such a system would serve as a tool in the collection of statistical data, in the assessment of prevailing difficulties and in the promotion of progress in the implementation of the Convention.


110.     In light of articles 3, 19 and 28.2, the Committee strongly recommends that corporal punishment be prohibited by law and that references to disciplinary measures using physical force, such as caning, be withdrawn from the Teachers Handbook. It further recommends that authorities develop and implement appropriate creative and socio-educational measures of discipline which respect all the rights of the child.


111.     The Committee recommends that the State party take all appropriate measures, including legal ones, to protect children from harmful information, including in the audio-visual media as well as in media using new technologies.


112.     With a view to fully protecting the rights of adopted children, the Committee recommends that the State party review its adoption laws in the light of article 21 of the Convention. Furthermore, the Committee recommends that the State party consider ratifying the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.


113.     The Committee encourages the State party to undertake to prevent and combat the phenomenon of children working and/or living on the street by, inter alia, engaging in research and collection of data, promoting integration and vocational training programmes as well as guaranteeing equal access to health and social services.


114.     The Committee recommends that the State party take all appropriate measures, including through international cooperation, to prevent and combat malnutrition.


115.     The Committee suggests that the Government strengthen its information and prevention programmes to combat HIV/AIDS and sexually transmittable diseases (STD) as well as discriminatory attitudes towards children affected by or infected with HIV/AIDS. The Committee further recommends that the State party pursue and strengthen its family planning and reproductive health programmes, including for adolescents.


116.     The Committee shares the view of the State party that serious efforts are required to address harmful traditional practices such as early marriage, female genital mutilation and Trokosi. The Committee recommends that all legislation be reviewed to ensure its full compatibility with children's rights and that public campaigns involving all sectors of society be developed and pursued with a view to changing attitudes. All appropriate action in this regard should be taken on a priority basis.


117.     In accordance with article 28 (a) of the Convention, the Committee encourages the State party in its efforts to make primary education free, compulsory and available to all. It also encourages the Government to implement measures to improve school enrolment and pupil retention, especially of girls. A system for the regular evaluation of the effectiveness of these and other educational measures, including of the quality of teaching, must be ensured. Further steps should be taken to develop guidelines for the participation of all children in the life of the school, in conformity with the principles and provisions of the Convention. In addition, the Committee recommends that, in light of the provisions of article 29 of the Convention and the United Nations Decade for Human Rights Education, the State party incorporate education on the rights of the child in school curricula. The State party may wish to consider requesting further international cooperation for the implementation of the measures identified for the application of the provisions of articles 28 and 29 of the Convention.


118.     In the spirit of articles 2, 3 and 22 of the Convention, the Committee recommends that the State party make all appropriate efforts to ensure easy and full access to basic services, including education, health and social services, to all children living under its jurisdiction.


119.     The Committee encourages the State party to give specific attention to monitoring the full implementation of labour laws in order to protect children from being economically exploited. It further suggests that the authorities adopt explicit legislation and measures to protect children from exploitation through child labour in the informal sector. In addition, the Committee suggests that the State party consider ratification of ILO Convention No. 138 on minimum age for employment.


120.     The Committee recommends that the authorities take all appropriate measures to prevent and combat drug and substance abuse among children, such as public information campaigns, including in schools. It also encourages the State party to support rehabilitation programmes dealing with children victim of drug and substance abuse. In this regard, the Committee encourages the State party to consider seeking technical assistance from competent international organizations, such as the World Health Organization (WHO).


121.     In light of article 34 and other related articles of the Convention, the Committee recommends that the State party reinforce its legislative framework to fully protect children from all forms of sexual abuse or exploitation, including within the family. It also recommends that the State party engage in studies with a view to designing and implementing appropriate policies and measures, including in the area of rehabilitation, to combat this phenomenon comprehensively and effectively. The Committee wishes in this regard to draw the attention of the State party to the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996.


122.     The Committee recommends that the State party consider undertaking a comprehensive reform of the juvenile justice system 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 protecting the rights of children deprived of their liberty, to raising the minimum age of criminal responsibility and to improving the quality and adequacy of alternative measures to imprisonment. Training programmes on the relevant international standards should be organized for all professionals involved with the juvenile justice system. The Committee further suggests that the State party consider seeking technical assistance for this purpose from the High Commissioner/Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations.


123.     Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate on and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned NGOs.


Concluding observations: Bangladesh


124.     The Committee considered the initial report (CRC/C/3/Add.38) and Supplementary report (CRC/C/3/Add.49) of Bangladesh at its 380th to 382nd meetings (CRC/C/SR.380-382), on 26 and 27 May 1997, and adopted* the following concluding observations:


A. Introduction


125.     The Committee expresses its appreciation to the Government of Bangladesh for the submission of its initial report and its written information in reply to the questions set forth in the list of issues (CRC/C/Q/Ban.1). The additional information provided by the delegation of Bangladesh and the constructive and fruitful dialogue with the Committee are welcomed.


B. Positive aspects


126.     The Committee welcomes the establishment of a Ministry of Women and Children’s Affairs in 1994. It also notes with appreciation the adoption of a National Policy for Children as well as the establishment of the National Children’s Council in August 1995. In the area of legislative reform, it notes the adoption of a plan of action to create task forces on law reform, juvenile justice and the girl child. The adoption in 1995 of the Repression against Women and Children (Special Provision) Act and the active participation of Bangladesh in the SAARC (South Asian Association for Regional Cooperation) Decade of the Girl Child are also welcomed.


127.     The Committee notes with appreciation the openness of the State party to international cooperation to foster effective implementation of the Convention, as illustrated by the memorandum of understanding between the United Nations Children's Fund (UNICEF), the International Labour Organization (ILO), the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and the Government of Bangladesh, as well as the cooperation with other international institutions in different areas.


128.     The Committee also welcomes the constructive relationship between the NGO (non-governmental organization) community and the Government, both at national and local levels, in monitoring and implementing the rights of the child. In this connection, it notes that consultations took place between the Government and NGOs in the process of preparing the initial report.


129.     The Committee welcomes the recent law establishing the post of Ombudsperson as well as the fact that a National Human Rights Commission is being set up.


         


     * At the 398th meeting, held on 6 June 1997.



130.     The Committee also welcomes the fact that the amount of resources allocated to social expenditures has been increased since the ratification of the Convention by Bangladesh. It notes in particular that an increasing proportion of resources has been devoted to the development of a primary healthcare network, the provision of safe water supplies and sanitation and to disease control.


131.     The Committee acknowledges the progress made by the State party in significantly reducing the child mortality rate over the last decade and improving access to basic education. It also notes the positive steps taken in the area of family planning programmes.


                                     C. Factors and difficulties impeding the

                                         implementation of the Convention


132.     The Committee notes that Bangladesh is one of the poorest countries in the world; a large percentage of the vast population is young and lives below the poverty level.


133.     The Committee also notes that natural disasters and structural adjustment have had a negative impact on the situation of children. It is further noted that the persistence of certain traditional practices and customs has had a negative influence on the enjoyment by some children of their rights under the Convention.


D. Principal subjects of concern


134.     While acknowledging the openness of the State party towards the possibility of reviewing its reservations to articles 21 and 14.1 of the Convention, the Committee remains concerned that these reservations might impede the full implementation of the Convention.


135.     The Committee is concerned about the unclear status of the Convention in the domestic legal framework and the insufficient steps taken to bring existing legislation into full conformity with the Convention, including in light of the general principles of non-discrimination (art. 2), the best interests of the child (art. 3), the right to life, survival and development (art. 6) and respect for the views of the child (art. 12). It is deeply concerned at the lack of conformity between existing legislative provisions and the Convention with respect to the various age limits set by law, the lack of a definition of the child, the age of criminal responsibility, which is set at too young an age, the possibility of imposing the death penalty, and/or imprisonment of children 1618 in ordinary prisons. The Committee also notes that, as recognized in the State party’s supplementary report, many laws are inadequately enforced and that most children’s lives are governed by family customs and religious law rather than by State law.


136.     The Committee is of the view that insufficient measures have been adopted to promote widespread awareness of the principles and provisions of the Convention, and remains concerned at the lack of adequate and systematic training for professional groups working with and for children, including


judges, lawyers, law enforcement personnel, health professionals, teachers, social workers, personnel working in childcare institutions for children and police officers.


137.     While recognizing the efforts undertaken by the State party in the collection of data and information on the status of children, the Committee is concerned that insufficient attention has been given to establishing an effective integrated system of data collection covering all children. It expresses concern, in this regard, that the National Policy for Children only covers children up to the age of 14. It is also concerned that no comprehensive monitoring and coordinating mechanism for all areas covered by the Convention and in relation to all groups of children has yet been established.


138.     With regard to the implementation of article 2 of the Convention, the Committee expresses its concern at the persistence of discriminatory attitudes and harmful practices affecting girls, as illustrated by serious disparities, sometimes starting at birth and affecting the enjoyment of the rights to survival, health, nutrition and education. The Committee also notes the persistence of harmful practices such as dowry and early marriage. Discriminatory attitudes towards children born out of wedlock, children who are living and/or working on the street, child victims of sexual exploitation, children with disabilities, refugee children and children belonging to tribal minorities are also a matter of concern.


139.     The Committee expresses concern regarding the implementation of article 12 of the Convention, noting that the views of the child are not sufficiently taken into account, especially within the family, the school and the juvenile justice system.


140.     The Committee is concerned that the birth of most children in the State party are not registered. Failure to register can have negative consequences on the full enjoyment of fundamental rights and freedoms by children.


141.     The Committee is concerned at the lack of appropriate measures to combat and prevent ill-treatment and abuse, including sexual abuse, both within and outside the family, and at the lack of awareness and information on this matter. The persistence of corporal punishment and its acceptance by the society and instances of violence committed by law enforcement officials against abandoned or “vagrant” children are matters of serious concern.


142.     The inadequate measures to assist parents in fulfilling their common child-rearing responsibilities and the lack of assistance or child support for many children living in single-parent families or other particularly vulnerable children are matters of concern. The Committee is also concerned at the inadequate provision in legislation and practice for alternative care for children deprived of a proper family environment.


143.     The Committee is concerned at the high maternal mortality rates, lack of access to prenatal care and, more generally, limited access to public healthcare facilities. The lack of a national policy to ensure the rights of


children with disabilities is also noted. The Committee is also concerned at the absence of programmes addressing the mental health of children and their families.


144.     Malnutrition continues to seriously hamper the survival and development of children in the State party, which has one of the highest rates of malnourished children in the world and where calorie intake has decreased over the past decades, resulting in a higher incidence of stunting and wasting.


145.     While recognizing efforts to improve the situation of education, including the introduction of compulsory education for children aged 6 to 10, and measures to encourage girls to attend school, the Committee nonetheless remains concerned at the low level of school enrolment and the high drop-out rates, at the very high child/teacher ratios and the shortage of trained teachers.


146.     With regard to the implementation of article 22 of the Convention, the Committee remains concerned at the weak legal protection and lack of adequate procedures for refugee children. It is also concerned by difficulties they encounter in securing access to educational and health facilities and at difficulties in ensuring family reunification.


147.     The Committee is concerned about the large number of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector. It is concerned that many such children work in hazardous and harmful conditions, and are often vulnerable to sexual abuse and exploitation. The Committee is also seriously concerned about the occurrence of trafficking and sale of children. Lack of enforcement and failure to implement existing legislation at all levels, from law enforcement agencies to the judiciary, need to be addressed.


148.     The Committee is concerned that the State party has failed to take measures to promote the child's right to leisure, recreation and cultural activities (art. 31).


149.     The situation in relation to the administration of juvenile justice, and its incompatibility with articles 37, 39 and 40 of the Convention and other relevant international standards, is a matter of concern to the Committee. Specifically, the Committee is concerned about the very young age of criminal responsibility (7 years), the lack of adequate protection for children aged 1618, grounds for arrest and detention of children that can include prostitution, “vagrancy” or “uncontrollable behaviour”, the possibility of imposing heavy sentences on children and the solitary confinement and illtreatment of children by the police.


150.     Finally, as regards the implementation of article 30 of the Convention, the Committee is concerned that inadequate measures have been taken to ensure the protection and promotion of the rights of children belonging to minorities, including children from the Hill Tracts. 




E. Suggestions and recommendations


151.     In light of the Vienna Declaration and Programme of Action, the Committee encourages the State party to further review its reservations to articles 14, paragraph 1, and 21 of the Convention with a view to their withdrawal. The Committee is of the opinion that, in light of the proposed reforms to national legislation, the reservations may not be necessary.


152.     The Committee recommends that the State party pursue its efforts to ensure full compatibility of its national legislation with the Convention, taking due account of the general principles as contained in articles 2, 3, 6 and 12 and the concerns expressed by the Committee. Furthermore, the State party should develop a national policy on children and an integrated legal approach to child rights.

  

153.     The Committee encourages the State party to pursue its efforts to promote human rights education in the country in general and create a wider awareness and understanding of the principles and provisions of the Convention. It recommends that a systematic information campaign on the Convention be launched for children and adults alike. The Convention should be incorporated in the curricula of all educational institutions, and present initiatives to reach those vulnerable groups who are illiterate or without formal education should be pursued and further strengthened, with the cooperation of the United Nations Children's Fund (UNICEF) and other organizations active in this field. The State party should also promote a comprehensive training programme policy for professional groups working with and for children.


154.     The Committee recommends that the State party consider acceding to other international human rights instruments, including the two International Covenants on Human Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


155.     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 and in relation to all groups of children, including the most vulnerable. The National Policy on Children should be adjusted in order to cover all children, including children 1418 years of age.


156.     The Committee also suggests that a multidisciplinary monitoring and coordinating system be established to assess the progress achieved and difficulties encountered in the realization of the rights recognized by the Convention at the national and local levels, paying particular attention to the adverse effects of economic policies on children.


157.     With respect to article 4 of the Convention, the Committee, while noting efforts made in allocating resources to the social sector, is of the view that greater budgetary provisions need to be made to overcome and remedy existing disparities and develop, with the assistance of international cooperation, a comprehensive strategy for children, taking due account of the best interests of the child.


158.     The Committee considers that greater efforts are required to implement fully the provisions of article 2 of the Convention. Measures, including studies and campaigns, should be taken to combat traditional attitudes and stereotypes and to sensitize society to the situation and needs of the girl child, children born out of wedlock, children living and/or working on the street, child victims of sexual abuse and exploitation, children with disabilities, refugee children and children belonging to tribal minorities.


159.     The Committee wishes to encourage the State party to promote and facilitate children’s participation and respect for their views in decisions affecting them, especially in the family, at school, and in the judicial and administrative procedures, in light of articles 12, 13 and 15 of the Convention.


160.     The Committee recommends that further measures be taken to ensure the registration of the birth of all children, in cooperation with nongovernmental organizations and with the support of international organizations.


161.     The Committee recommends that the State party develop public awareness campaigns and measures to provide appropriate assistance to families in carrying out their child-rearing responsibilities with a view, inter alia, to preventing domestic violence, prohibiting corporal punishment, and preventing early marriages and other harmful traditional practices.


162.     Additional measures are needed to combat violence against and abuse of children, including sexual abuse. Programmes for the rehabilitation and reintegration of traumatized children need to be developed and adequate procedures and mechanisms devised to deal with complaints of both physical and psychological ill-treatment. Allegations of violations of children’s rights should be investigated and prosecuted.


163.     The Committee recommends that the State party consider becoming a party to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions.


164.     Further steps should be taken in the area of health and welfare services. In particular, concerted efforts are needed to combat malnutrition and ensure the implementation of a National Nutritional Policy for children.


165.     Efforts are also required for the treatment of children with disabilities and their prevention, and to raise awareness about the need to facilitate the active participation of such children in the community, in light of article 23 of the Convention. The Committee also encourages the State party to pursue efforts to ensure the implementation of integrated mental health programmes and approaches and to make available the necessary resources and assistance for these activities.


166.     In the area of education, the Committee suggests that further steps be taken to ensure the implementation of articles 28 and 29. The Committee urges that greater efforts be directed to training teachers, improving the school environment, increasing enrolment and fighting school drop-out.


167.     As a means of tackling the integrated issues of education and child labour, including in the informal sector, the Committee recommends that effective information campaigns be carried out to prevent and eliminate child labour, and that the present cooperation between the State party, international organizations such as the International Labour Organization (ILO) and UNICEF, and non-governmental organizations be expanded. Regulations to prevent child labour should be enforced, complaints investigated and severe penalties imposed for violations. Efforts to provide opportunities for education and leisure to child workers and children working and/or living on the street should be strengthened. It is also suggested that the State party consider ratifying ILO Convention No. 138 concerning the minimum age for employment.


168.     The Committee recommends that the State party ensure adequate protection of refugee children, including in the field of physical safety, health and education. Procedures should also be established to facilitate family reunification. The State party may consider seeking assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) in this regard.


169.     With regard to the administration of juvenile justice, the Committee recommends that legal reform be pursued in connection with the very young age of criminal responsibility (7 years), the lack of adequate protection for children aged 1618, grounds for arrest and detention of children that can include prostitution, “vagrancy” or “uncontrollable behaviour”, the possibility of imposing heavy sentences on children, and the solitary confinement and illtreatment of children by the police. In this reform the State party should take fully into account the provisions of the Convention, in particular articles 37, 39 and 40, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee also recommends that the State party avail itself of the technical assistance programmes of the High Commissioner/Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the Secretariat.


170.     The Committee encourages the State party to take all appropriate measures to prevent and combat sexual abuse and sexual exploitation of children and to ensure their physical and psychological recovery and social reintegration, in light of article 39 of the Convention. Bilateral and regional cooperation should be reinforced to prevent and combat the serious problem of trafficking of children.


171.     Finally, the Committee recommends that in accordance with article 44, paragraph 6, of the Convention, the initial report presented by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion and the concluding observations adopted thereon by the Committee following its consideration of the report. Such a document should be widely distributed in order to generate debate and awareness of the


Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.


Concluding observations: Paraguay


172.     The Committee began consideration of the initial report of Paraguay (CRC/C/3/Add.17) at its 167th and 168th meetings (CRC/C/SR.167-168), held on 4 and 5 October 1994. At its 183rd meeting, held on 14 October 1994, it adopted preliminary observations (CRC/C/15/Add.27), and requested further information from the State party based on its written list of issues (CRC/C.7/WP.2) and questions and concerns raised orally with the delegation. The State party submitted the additional information requested (CRC/C/3/Add.47) which was considered at the Committee’s 385th meeting (CRC/C/SR.385), held on 28 May 1997, and adopted* the following concluding observations:


A. Introduction


173.     The Committee expresses its appreciation to the State party for the submission of its initial report, the additional information subsequently supplied and the State party’s willingness to engage in an open dialogue with the Committee in both October 1994 and May 1997. The written answers to the Committee’s list of issues (CRC/C.7/WP.2), as well as the response of the delegation to oral questions and concern expressed during the examination of the initial report allowed the Committee to have a useful and constructive discussion with the State party.


B. Positive factors


174.     The Committee takes note of the provision of the 1992 Constitution that not less than 20 per cent of the national budget must be devoted to education, and welcomes the steps taken by the State party to make education available throughout the country through an ambitious schoolbuilding programme and its efforts to improve the quality of education. In this regard, the Committee views efforts by the State party to reduce the very high dropout rate by grade six as an important component of a strategy to limit phenomena such as child labour and children working and/or living on the street. The Committee further welcomes the provision in the 1992 Constitution that in the early years of schooling teaching shall be in the student’s native language, the provision of instruction in both Spanish and Guaraní, and the measures that have been adopted under the Strategic Educational Reform Plan (Paraguay 2020) to address the problems faced by Guaraní-speaking children in basic education.


175.     The Committee welcomes the priority being given by the State party to health, in particular health care for children, including efforts to reduce child mortality, facilitate breastfeeding, support nutrition programmes and increase access to clean drinking water.


         


     * At the 398th meeting, held on 6 June 1997.


176.     The Committee also welcomes steps that have been taken to reinforce the independence of the judiciary and the judicial apparatus which is concerned with legal issues relating to children and juveniles.


177.     The Committee views positively the technical cooperation programme provided to the State party through a joint programme supported by the High Commissioner/Centre for Human Rights and the United Nations Development Programme (UNDP), as well as the support provided by the United Nations Children's Fund (UNICEF) for various programmes to benefit children in Paraguay.


                                    C. Factors and difficulties impeding the

                                        implementation of the Convention


178.     The Committee notes that the State party is still going through a period of transition to democracy. The Committee recognizes that the legacy of certain authoritarian attitudes hampers the effective implementation of the rights of the child, and that Paraguay inherited a public infrastructure which did not give priority to education, health or social welfare institutions. The Committee acknowledges that the existing inadequacies of the public service and the high rate of population growth impede the full achievement and enjoyment of the rights recognized in the Convention.


D. Principal subjects of concern


179.     While acknowledging the efforts undertaken by the State party to adopt a new Juvenile Code for improving protection and promotion of the rights of the child, the Committee is concerned that since 1991 several draft bills have been prepared but none has yet been adopted.


180.     The Committee is concerned that sufficient attention does not seem to have been paid to the development of a coordinating mechanism to monitor the implementation of the rights of the child in the State party. The Committee is equally concerned about the extent to which the bodies established to consider the situation of children are provided with the support and resources they will need to fulfil their designated functions.


181.     The Committee is concerned about the need to strengthen the State party’s limited capacity to collect and process data, as well as to monitor specific indicators to evaluate progress achieved and to assess the impact of existing policies on children, in particular the most vulnerable children.


182.     The Committee remains concerned that the present approaches to the implementation of the rights of the child in the State party do not sufficiently encourage and strengthen popular participation and public scrutiny of government policies.


183.     The Committee is of the view that, in spite of the fact that some measures have been taken to make the principles and provisions of the Convention known to adults and children alike (for example, by portraying the Convention in cartoon form in both official languages to facilitate its understanding by young children), efforts in this regard need to be continued and intensified.


184.     The Committee is also concerned that persons working with and for children, including judges, lawyers, magistrates, law enforcement personnel, army officials, teachers, school managers, health personnel, social workers, officials of the national and local administrations and personnel of childcare institutions, lack sufficient knowledge about the Convention and other relevant international instruments relating to the rights of the child.


185.     The Committee wishes to express its concern that the principles and provisions of the Convention, especially its general principles, as reflected in its articles 2 (non-discrimination), 3 (best interests of the child), 6 (right to life, survival and development) and 12 (respect for the views of the child), have not yet been fully taken into account in legislative and other measures relevant to children.


186.     Within the framework of the implementation of article 4 of the Convention, relating to the allocation of resources to the “maximum extent” possible, the Committee is concerned that the national and local-level budgets have allocated insufficient funds to the social sector, especially with regard to the ability to respond effectively to the situation of the most vulnerable children.


187.     The Committee is concerned that some sectors of Paraguayan society are not yet sufficiently sensitive to the needs and situation of the girl child. It also notes that discrimination against minority and indigenous children persists, contrary to the provisions of article 2 of the Convention.


188.     While the Committee welcomes the official policy of the State party that no person under 18 can be recruited for military service or serve, even with parental authorization, it is concerned that in practice this policy is not always enforced and that there are still underage juveniles coerced or pressured into military service.


189.     The Committee is concerned that inadequate measures have been taken to implement the provisions of articles 7 and 8 of the Convention, particularly with regard to ensuring registration of births, especially among the indigenous population, and that children are not systematically provided with the necessary birth certificates and other documents to protect and preserve their identity.


190.     The Committee is concerned at the large number of children who are not acknowledged by their fathers and the inadequate measures taken to force fathers to be responsible for the welfare of their children.


191.     The Committee expresses its concern that although the State party has imposed a provisional moratorium on intercountry adoptions pending the approval of legislation on this subject, no law has yet been passed; it is gravely concerned at alleged trafficking in children in violation of the provisions and principles of the Convention, particularly articles 3, 21 and 35.


192.     The Committee notes that the social and economic disadvantages faced by children, in particular those living in rural and certain urban areas, have


led to various forms of exploitation of those children, including their placement as domestic servants in wealthier families, thus exposing them to ill-treatment and abuse, including sexual abuse in some cases.


193.     While welcoming the priority given by the State party to health, the Committee expresses its concern about the high rates of infant and child mortality, malnutrition and infectious diseases, as well as the unresolved difficulties in providing country-wide maternal and child health services.


194.     The Committee is concerned by the absence of large-scale public campaigns for the prevention of unwanted pregnancies, STDs and HIV/AIDS, especially for children and adolescents. It is also concerned about the lack of sufficient reproductive health information and services for adolescents.


195.     The Committee is concerned that adequate measures have not yet been taken to fully guarantee in practice the right of indigenous students to education in their native language, Guaraní.


196.     The Committee expresses its concern at the phenomenon of children working and/or living on the street, and at the inadequate measures to tackle this issue.


197.     The Committee also expresses its concern at the prevalence of prostitution among children and adolescents.


198.     The Committee is concerned that the State party does not have a clear strategy to combat the abuse and sexual exploitation of children.


199.     The situation in relation to the administration of juvenile justice and in particular its compatibility with articles 37, 39 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. The Committee remains particularly concerned, inter alia, about alleged illtreatment of children in detention centres. The Committee is also gravely concerned that a significant percentage of juveniles are deprived of their liberty for extended periods without being charged or brought to trial. It is also concerned that in at least one major detention centre, persons who have been convicted and those awaiting trial are not housed separately.


E. Suggestions and recommendations


200.     The Committee recommends that the comprehensive new Juvenile Code currently being drafted be in conformity with the principles and provisions of the Convention and encourages the State party to finalize and adopt it in the near future.


201.     The Committee recommends that the State party strengthen coordination between the various governmental bodies and mechanisms involved in children's rights, at both the national and local levels, with a view to developing a comprehensive policy on children and ensuring effective evaluation of implementation of the Convention. The Committee also encourages the State


party to pursue its efforts to strengthen the institutional framework designed to promote and protect human rights in general and the rights of the child in particular.


202.     The Committee encourages the State party to continue and strengthen its efforts to develop a close partnership with non-governmental organizations (NGOs).


203.     The Committee also recommends that the State party give priority attention to the development of a system of data collection and to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children in society. Such mechanisms can play a vital role in systematically monitoring the status of children, evaluating progress achieved and difficulties hampering the realization of children's rights. They can be used as a basis for designing programmes to improve the situation of children, particularly the most disadvantaged, including children with disabilities, the girl child, children ill-treated and abused within the family, in institutions or deprived of liberty, children who are victims of sexual exploitation and children who live and/or work on the street. It is further suggested that the State party request international cooperation in this regard.


204.     The Committee recommends that the State party launch a systematic information campaign, for both children and adults, on the Convention on the Rights of the Child. Consideration should be given to incorporating the Convention in the curricula of all educational institutions and appropriate measures should be taken to facilitate access by children to information on their rights. The Committee also suggests that the State party direct further efforts towards providing comprehensive training programmes for professional groups working with and for children such as judges, lawyers, magistrates, law enforcement personnel, army officials, teachers, school managers, health personnel, social workers, officials of national or local administrations and personnel of childcare institutions.


205.     The Committee recommends that the State party take fully into account the general principles of the Convention (arts. 2, 3, 6 and 12) in its legislation, particularly in its new Juvenile Code, and in its policies and programmes.


206.     In the light of articles 2, 3 and 4 of the Convention, the Committee recommends that priority be given in budget allocations to the realization of the economic, social and cultural rights of children, with particular emphasis on health and education, and on the enjoyment of these rights by all children including the most disadvantaged. In this regard, the Committee suggests that the authorities responsible for overall planning and budgeting be fully involved in the activities of governmental bodies and institutions dealing with children’s issues, with a view to ensuring that their decisions have a direct and positive impact on the budget.


207.     The Committee encourages the State party to enforce rigorously legislation on the minimum age for recruitment into the military.


208.     The Committee further recommends that all appropriate measures be undertaken, including information campaigns, to prevent and combat all prevailing forms of discrimination against girls and minority or indigenous children, especially those living in rural areas, with a view, inter alia, to promoting their access to basic services.


209.     The Committee recommends that the State party take all appropriate legislative, administrative and other measures to ensure registration of birth, especially in minority and indigenous communities and communities in remote areas. The Committee further recommends that the State party institute awarenessraising campaigns among the public, as well as among civil servants.


210.     In the spirit of articles 18 and 24, paragraph 2 (f), of the Convention, the Committee recommends that the State party promote parent education and family counselling and take measures to ensure adherence to the principle that both parents have common responsibilities for the upbringing of children.


211.     Following the Government’s national campaign to prevent abuse and illtreatment of children, the Committee suggests that the State party continue to raise awareness about this issue and systematically monitor all types of child abuse, including in institutions.


212.     In light of article 21 of the Convention, the Committee strongly recommends that the State party enact legislation on adoption that is in conformity with the principles and provisions of the Convention.


213.     While welcoming the recent ratification by the State party of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the Committee encourages the State party to take appropriate action to ensure the entry into force of this Convention.


214.     The Committee recommends that the State party take adequate measures, including through awarenessraising campaigns, to prevent the abandonment of children and to protect poor single mothers from illegal networks of child traffickers.


215.     The Committee recommends that the State party take all appropriate measures to combat the phenomenon of children working and/or living on the street. Pupil retention programmes and vocational training for drop-outs should be encouraged. The Committee also recommends that the authorities provide special training to law enforcement personnel to prevent the stigmatization, abuse and ill-treatment of these children. Furthermore, the Committee encourages the State party to consider ratification of ILO Convention No. 138 concerning the minimum age for employment.


216.     The Committee suggests that the State party consider seeking technical assistance to continue to improve its efforts to make primary health care accessible to all children and develop a comprehensive strategy and programmes for mother and child health care. The Committee further suggests that the State party promote adolescent health by strengthening reproductive health and family planning services to prevent and combat HIV/AIDS, other STDs and teenage pregnancy.


217.     The Committee recommends that the authorities take all appropriate measures to guarantee the full implementation of the right of the child to be educated in his/her own language.


218.     With a view to preventing and combating sexual abuse and exploitation of children, in particular prostitution, the Committee recommends that the State party take all appropriate measures, including the adoption of relevant legislation and the formulation of a national policy, and suggests that it seek international assistance in this regard. It further recommends that the authorities promote the implementation of article 39 of the Convention by strengthening the capacity of existing rehabilitation centres.


219.     The Committee recommends that the State party undertake a comprehensive reform of its juvenile justice system 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 protecting the rights of children deprived of their liberty, improving alternative measures to imprisonment and guaranteeing due process of law. Training on the relevant international standards should be provided for all professionals involved with the juvenile justice system. The Committee further suggests that the State party consider seeking technical assistance for this purpose from the High Commissioner/Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations.


220.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and additional information presented by the State party be made widely available to the public at large and that the publication of these documents be undertaken, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.


Concluding observations: Algeria


221.     The Committee considered the initial report of Algeria (CRC/C/28/Add.4) at its 387th to 389th meetings (CRC/C/SR.387 to 389) held on 29 and 30 May 1997 and adopted* the following concluding observations:


A. Introduction


222.     The Committee expresses its appreciation to the State party for the submission of its initial report as well as for the written answers to its list of issues (CRC/C/Q/ALG.1). The Committee also expresses its satisfaction to the State party for engaging in an open and constructive dialogue with the Committee. It particularly wishes to express its satisfaction at the


         


     * At the 398th meeting, held on 6 June 1997.


selfcritical approach and it welcomes the positive response to the suggestions and recommendations made during the course of the discussion. However, the Committee regrets that, while the report provided comprehensive information on the national legislation relating to the promotion and protection of the rights of the child, it failed to provide information on factors and difficulties impeding the implementation of the Convention and the actual enjoyment by children of their rights.


B. Positive aspects


223.     The Committee notes with appreciation that the Convention is fully incorporated into domestic law and that under article 132 of the Constitution international conventions are superior to domestic law. It also notes with appreciation that the provisions of the Convention are selfexecuting and may be invoked directly before the courts.


224.     The Committee welcomes the initiatives taken by the Government, such as the setting up of a National Human Rights Observatory in 1992 and, more recently, of an Observatory of the Rights of the Mother and the Child. The Committee also notes with satisfaction the setting up in each wilaya of Directorates for social action, entrusted with the task, inter alia, of monitoring the implementation of policies adopted in respect of children. Furthermore, the Committee welcomes the adoption, following the World Summit for Children, of the National Plan of Action for the Survival, Protection and Development of Children.


225.     The Committee also welcomes the introduction in January 1997, in cooperation with the United Nations Children’s Fund (UNICEF), of a national communication programme in the sectors of health, education, social welfare, youth, sports, information and culture with the collaboration of information bodies such as the national agency for filmed news, television, radio and the press, with a view to ensuring, inter alia, wide dissemination of the principles and provisions of the Convention.


226.     The Committee notes with appreciation that education is free at all levels, and that attendance is nearly universal. The Committee also notes with satisfaction that health services are free for all children and that a national programme of health care in schools has been developed.


227.     The Committee notes with appreciation that, in accordance with article 32, paragraph 2 (a), of the Convention, article 15 of Act No. 90-11 of 21 April 1990 provides that the minimum age for employment is 16, with the only exception being apprenticeship contracts established in accordance with the law.


228.     The Committee notes that, in accordance with article 39 of the Convention, steps have been taken to provide special services to assist children who are victims of the violence prevailing in the country, in order to promote physical and psychological recovery and social reintegration of those children.


 


                                    C. Factors and difficulties impeding the

                                        implementation of the Convention


229.     The Committee acknowledges that the severe economic and social difficulties facing the country have had a negative impact on the situation of children. In particular, it notes that the high level of external debt, the requirements of structural adjustment programmes, the high level of unemployment and poverty, and the existence of prejudicial traditional practices and customs are among the factors impeding the full enjoyment of their rights by children.


230.     The Committee also notes that the continuing violence in Algeria since 1992 has had a negative impact on the implementation of certain provisions of the Convention.


D. Principal subjects of concern


231.     The Committee notes that Algeria has made interpretative declarations on articles 13, 14, paragraphs 1 and 2, and articles 16 and 17, of the Convention. In this respect, the Committee is of the opinion that the concerns expressed by the State party in its declarations are duly reflected in the relevant provisions of the Convention, and it expresses the view that retaining such declarations could lead to misunderstandings about the State party’s commitment to implementing the rights covered by these articles.


232.     The Committee notes with concern that inadequate measures have been taken by the State party to harmonize national legislation with the principles and provisions of the Convention. The Committee notes in particular that the Family Code currently in force in Algeria does not adequately address all the rights recognized in the Convention. The Committee also notes with concern that the legal provisions relating to the protection and promotion of the rights of the child are scattered throughout domestic laws, making it difficult to assess the actual legal framework in the field of children’s rights.


233.     The Committee, while noting with appreciation the existence of various government bodies responsible for the welfare of children at the national and local levels, regrets the inadequate coordination among these bodies in promoting and protecting the rights of the child and developing a comprehensive approach to the implementation of the Convention.


234.     Although acknowledging that efforts have been made to promote awareness of the provisions of the Convention in schools, the Committee remains concerned that insufficient steps have been taken to date to promote awareness and understanding of the principles and provisions of the Convention among both children and adults. The Committee is particularly concerned that the training on children’s rights provided to members of the police and security forces and other law enforcement officials, judicial personnel, teachers at all levels of education, social workers and medical personnel is insufficient and unsystematic.


235.     The Committee is concerned that no adequate measures have been taken for the systematic collection of disaggregated quantitative and qualitative data on the areas covered by the Convention in relation to all groups of children in order to evaluate progress achieved and assess the impact of policies adopted with respect to children.


236.     The Committee notes with concern that the principles of the best interests of the child, respect for the views of the child, and his or her right to participate in family, school and social life are not fully reflected in domestic legislation or implemented in practice. In this respect, the Committee regrets that the main thrust of the Convention, i.e. children as subjects of their own rights, is not adequately reflected in Algerian legislation. The Committee notes with concern that while articles 117 and 124 of the Family Code provide that children with discernment are consulted in matters concerning them, article 43 of the Civil Code does not recognize discernment for children under 16. Furthermore, the Committee expresses its concern at the lack of specific mechanisms to register and address complaints from children concerning violations of their rights under the law and the Convention.


237.     The Committee expresses its concern at the existence of discriminatory attitudes towards girls and children born out of wedlock among some groups within the population.


238.     With regard to the implementation of article 4 of the Convention, the Committee notes the lack of adequate legislative, administrative and other measures to ensure the full implementation of children’s economic, social and cultural rights to the maximum extent of the State party’s available resources, in particular for the most vulnerable children, including girls, children with disabilities, abandoned children, children born out of wedlock, children from single-parent families, children victims of abuse and/or exploitation, and nomadic and refugee children.


239.     The Committee notes with concern the absence of specific and adequate regulations governing the registration of children, in accordance with article 7, paragraph 1, of the Convention, who are members of nomadic groups.


240.     The Committee notes with deep concern that the law applicable in the case of rape of a minor excuses the perpetrator of the crime from penal prosecution if he is prepared to marry his victim. Furthermore, in order to legitimize celebration of marriage which would otherwise contravene the law, article 7 of the Algerian Family Code allows the judge to lower the age for marriage if the victim is a minor.


241.     The Committee is concerned at the lack of appropriate measures to combat and prevent ill-treatment and abuse within the family, and at the lack of information on this matter. The Committee is further concerned that disciplinary measures in schools often involve corporal punishment, although it is prohibited by law.


242.     The Committee notes with regret the lack of information on the situation of refugee children in Algeria, especially with reference to their access to health care and education, as provided for by article 22, paragraph 1, of the Convention.


243.     The Committee expresses regret at the lack of information on programmes of education and healthcare services, in accordance with article 30 of the Convention, for nomadic children.


244.     The Committee notes with concern the inadequacy of the mechanisms to monitor the implementation of Act No. 90-11 of 21 April 1990, regulating the employment of minors in the private and agricultural sectors.


245.     While noting that the domestic legal texts governing the administration of juvenile justice take into account the principles and provisions of the Convention, the Committee regrets the lack of information on the implementation of these texts and on the actual enjoyment of their rights by children involved with the administration of juvenile justice.


246.     The Committee notes with concern that, under article 249 of the Code of Criminal Procedure, children between 16 and 18 suspected of terrorist or subversive activities are tried in criminal court as adults. The Committee takes note of article 50 of the Criminal Code, which prohibits the sentencing of a minor to capital punishment or life imprisonment, the Committee regrets that it remains unclear whether the legal regime applicable to those minors with respect to trial proceedings and the execution of the sentence is that applicable to minors or to adults.


247.     The Committee notes with concern the lack of preventive measures to address the effects of violence on children. It notes in particular that the number of orphans has recently risen as a direct consequence of violence, and that no specific measures seem to have been adopted to address the problem.


E. Suggestions and recommendations


248.     The Committee suggests that the State party consider reviewing its interpretative declarations with a view to withdrawing them, in the spirit of the Vienna Declaration and Programme of Action.


249.     The Committee recommends that the State party bring existing legislation into line with the principles and provisions of the Convention, and that it consider the possibility of enacting a comprehensive code for children.


250.     The Committee recommends that further steps be taken by the State party to strengthen coordination between the various government bodies involved in children’s rights, at both national and local levels, and that greater efforts be made to ensure closer cooperation with non-governmental organizations working in the field of human and children’s rights.


251.     The Committee recommends that greater efforts be made to ensure that the provisions of the Convention are widely known and understood by both adults and children. The Committee also recommends that systematic training and retraining programmes on the rights of the child be organized for professional groups working with and for children, such as judges, lawyers, magistrates, law enforcement personnel, army officials, teachers, school managers, health personnel, social workers, officials of central or local administrations and personnel of childcare institutions.


252.     The Committee also recommends that the system of data collection be reviewed, with a view to incorporating all the areas covered by the Convention. Such a system should include all children, with specific emphasis on vulnerable children and children in especially difficult circumstances. Adequate disaggregated data should be gathered and analysed in order to assess progress achieved in the realization of children’s rights and to help define policies to be adopted to better implement the provisions of the Convention. With respect to the latter issue, the Committee recommends that further studies and follow-up surveys on vulnerable groups of children be initiated and that the State party consider requesting technical assistance from the United Nations Children’s Fund (UNICEF).


253.     The Committee recommends that further efforts be made to ensure that national laws conform fully with the Convention, having due regard to the best interests of the child, non-discrimination, the respect for the views of the child and his or her right to participate in family, school and social life, and the right of the child to life, survival and development. Awareness-raising campaigns should be launched, in particular among children, parents and professionals working with and for children, on the need for increased attention to these principles. In this regard, the Committee suggests setting up an independent mechanism such as an Ombudsperson for Children responsible for receiving and acting on complaints from children of violations of their rights under the law and the Convention.


254.     In light of article 4 of the Convention, the Committee recommends that priority be given in budget allocations to the realization of the economic, social and cultural rights of children, with particular emphasis on the enjoyment of these rights by disadvantaged children.


255.     The Committee recommends that special attention be given to the problems of ill-treatment and abuse, including sexual abuse, of children within the family and corporal punishment in schools, and stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence on children, in accordance with article 19 of the Convention. The Committee also suggests that comprehensive studies on these problems be initiated in order to understand them better and to facilitate the elaboration of policies and programmes, including rehabilitation programmes, to combat them effectively.


256.     The Committee recommends that all necessary measures be adopted to ensure the immediate registration of the birth of nomadic children.


257.     The Committee recommends that further steps be taken to ensure that nomadic children have access to education and healthcare services through a system of specifically targeted education and healthcare schemes which will allow these children to enjoy their right, in community with other members of their group, to their own culture, as stipulated in article 30 of the Convention.


258.     The Committee recommends that further attention be paid to the full realization of the rights of refugee children under article 22 of the Convention.


259.     The Committee further recommends that all necessary measures be adopted to monitor the implementation of Act No. 90-11 of 21 April 1990, in particular in the private and agricultural sectors of the economy, through strengthening existing inspection mechanisms.


260.     With respect to the administration of juvenile justice, the Committee draws the attention of the State party to articles 37, 39 and 40 of the Convention, as well as to relevant United Nations standards such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The Committee recommends in particular that in the implementation of special rules and regulations relating to terrorist and subversive activities, special attention be given to the implementation of articles 37 (a), (c) and (d), and 40, paragraph 3, of the Convention.


261.     The Committee recommends that appropriate measures be adopted with a view to preventing to the maximum possible extent the negative impact of prevailing violence, through education and information campaigns in schools on peaceful cohabitation and peaceful resolution of conflicts. It also recommends that steps be taken to address the specific problem of the rising number of children orphaned by this violence.


262.     Finally, the Committee recommends that, in light of article 44, paragraph 6, of the Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.


Concluding observations: Azerbaijan


263.     The Committee considered the initial report of Azerbaijan (CRC/C/11/Add.8) at its 390th to 392nd meetings (CRC/C/SR.390392), held on 2 and 3 June 1997 and adopted* the following concluding observations:


A. Introduction


264.     The Committee notes with appreciation the submission of the initial report, the written answers to the list of issues (CRC/C/Q/AZER/1) as well as the dialogue held with the State party. While the Committee expresses its satisfaction at the additional information provided by the State party in the course of the dialogue, it nevertheless regrets that the initial report did not follow the guidelines provided by the Committee and therefore information on several areas relating to the daily life of children in Azerbaijan was not included in the document.


         


     * At the 398th meeting, held on 6 June 1997.



B. Positive aspects


265.     The Committee notes with satisfaction that the State party is currently carrying out a comprehensive law reform. It also notes the recent establishment of the Commission on Minors' Affairs under the Cabinet of Ministers of Azerbaijan and of a Human Rights Commission in the Parliament.


266.     The Committee notes with appreciation the steps taken by the State party to publicize the Convention on the Rights of the Child.


267.     The Committee welcomes the emergence of nongovernmental organizations and the gradual steps to enhance cooperation between them and the Government.

 

C. Factors and difficulties impeding the

                                        implementation of the Convention


268.     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.


269.     The Committee also notes the major problems experienced as a consequence of the armed conflict, which has imposed serious hardships on the entire population, including heavy casualties, longlasting physical, emotional and psychological effects, and the disruption of some basic services. It takes particular note of the unknown number of children who have suffered the most fundamental violations of their right to life, and of the existence of a large population of refugees and displaced persons, who are being attended to by international aid.


D. Principal subjects of concern


270.     While acknowledging the efforts undertaken by the State party to adopt a new Act on the rights of the child, the Committee remains concerned that at present there is no comprehensive legislation that promotes and protects the rights of the child as stipulated by the Convention.


271.     The Committee is concerned that the State party has not yet adopted a comprehensive policy to promote and protect the rights of the child. The absence of a National Plan of Action is also a matter of concern.


272.     The Committee is concerned at the absence of a coordinating body for issues relating to children, which results in insufficient coordination among various governmental bodies and mechanisms, as well as between the national and local authorities, in the implementation of policies for the promotion and protection of the rights of the child.


273.     Insufficient attention has been paid by the authorities to the collection of systematic and comprehensive data and the identification of appropriate indicators and monitoring mechanisms in all areas covered by the Convention. Disaggregated data and appropriate indicators seem to be lacking to assess the situation of children, especially those who are victims of abuse, illtreatment or child labour or are involved with the administration of juvenile justice, as well as refugee and internally displaced children, children of singleparent families, children in rural and remote areas, abandoned, institutionalized and disabled children, and children who are living and/or working on the street. Finally, the Committee expresses its concern that no independent monitoring mechanism exists in relation to children’s rights.


274.     With regard to the implementation of article 4 of the Convention and taking into account the reallocation of resources since the beginning of the armed conflict in 1990, as well as the impact of the transition to a market economy, the Committee notes with concern the inadequacy of measures to ensure the full implementation of children's economic, social and cultural rights to the maximum extent of available resources. The Committee is particularly concerned at the insufficient measures and programmes for the protection of the rights of the most vulnerable children.


275.     While acknowledging the efforts undertaken by the State party to raise awareness about the principles and provisions of the Convention among both adults and children, the Committee remains concerned that government officials and the general public have not yet been sensitized to the rights of the child.


276.     The Committee is concerned that in the State party the child is still often perceived as a person not fully entitled to rights. In this regard, it notes that professionals and personnel working with and for children, including judges, lawyers, magistrates, law enforcement personnel, military officials, teachers, school managers, health personnel, social workers, officials of national or local administrations and personnel of childcare institutions, lack sufficient knowledge about the Convention and other relevant international instruments relating to the rights of the child.


277.     The Committee wishes to express its general concern that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles, as reflected in its articles 2 (nondiscrimination), 3 (best interests of the child), 6 (right to life, survival and development) and 12 (respect for the views of the child), in its legislation, its administrative and its judicial decisions, as well as in its policies and programmes relevant to children.


278.     The Committee is concerned that legislative provisions relating to the definition of the child are not in conformity with the principles and spirit of the Convention. It is particularly concerned by the disparities in the marriage ages for boys and girls and between the age of end of compulsory schooling and the minimum age for employment.


279.     In light of article 17 of the Convention, the Committee is concerned about the lack of legislative and other types of measures to protect children from harmful information.


280.     The Committee notes with concern that the general principles of the Convention, especially article 3, are not sufficiently taken into account with regard to the decisionmaking process, which may result in the institutionalization of children. The Committee is also concerned that alternative measures to institutionalization, as well as article 25 of the Convention recognizing the right to periodic review of placement, are not sufficiently taken into consideration.


281.     The Committee is concerned about the inadequate support given to families living below the poverty line as well as to singleparent families.


282.     With a view to fully protecting the rights of adopted children and in light of article 21 of the Convention, the Committee is concerned about the lack of comprehensive legislation on adoption and at the fact that intercountry adoption seems not to be a measure of last resort.


283.     The Committee is deeply concerned about the consequences of armed conflict on families, in particular the emergence of a population of unaccompanied children, orphans and abandoned children.


284.     The Committee is concerned about the lack of information about illtreatment and abuse of children within the family. The Committee is equally concerned about the lack of information on youth suicides and accidents.


285.     While welcoming the fact that the State party has recently released a study on children working and/or living on the street, the recent increase in the number of such children is a matter of concern. The Committee also expresses its serious concern at the increase in the number of child prostitutes, and that the State party does not have a clear strategy to combat the abuse and sexual exploitation of children.


286.     The Committee is gravely concerned about the general health situation of children, in particular with regard to the rise in the infant, child and maternal mortality rates, the decline of breastfeeding, the increase in the number of unwanted pregnancies, nutrition and iodine deficiencies, substance abuse, and the negative impact of environmental pollution.


287.     The Committee is seriously concerned about the impact of armed conflict on education, and at the lack of measures to implement programmes to reduce the dropout rate.


288.     The Committee is concerned at the substantial number of refugees and internally displaced persons resulting from the armed conflict since 1990, especially children, many of whom have been living in tents for three years. These children do not always have equal access to basic services, especially health, education and social services.


289.     In light of article 39 of the Convention, the Committee is seriously concerned about the inadequate measures for the physical, psychological and social rehabilitation of children affected and traumatized by armed conflict.


290.     The Committee expressed its concern about the administration of juvenile justice and in particular its compatibility with articles 37, 39 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. The Committee remains particularly concerned, inter alia, about the lack of respect for the rights of the child in “corrective labour institutions”, the lack of an appropriate monitoring system for all types of detention centres and the inadequacy of alternative measures to imprisonment.


E. Suggestions and recommendations


291.     The Committee recommends that the State party harmonize its legislation relating to children with the principles and provisions of the Convention by adopting its draft Act on the Rights of the Child.


292.     The Committee suggests that the State party adopt a comprehensive national policy on children as well as a National Plan of Action.


293.     The Committee recommends that the State party strengthen coordination among the various governmental bodies and mechanisms involved in children's rights, at both the national and local levels. The Committee also encourages the State party to pursue its efforts to strengthen the institutional framework designed to promote and protect human rights in general and the rights of the child in particular. It encourages the State party to cooperate closely with nongovernmental organizations.


294.     The Committee also recommends that the State party give priority to the development of a system of data collection and to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children. Such mechanisms can play a vital role in monitoring the status of children, assessing the progress achieved and evaluating the difficulties hampering the realization of children's rights. They can be used as a basis for designing programmes to improve the situation of children, particularly the most disadvantaged children, including children with disabilities, refugee and internally displaced children, children illtreated and abused within the family and in institutions or deprived of liberty, children who are victims of sexual exploitation and children who live and/or work on the street. It is suggested that the State party request international cooperation in this regard. The Committee further recommends that an independent monitoring body be established, such as an ombudsperson or a children's rights commissioner, to address children’s rights violations adequately.


295.     In the light of articles 2, 3 and 4 of the Convention, the Committee recommends that priority be given in budget allocations to the realization of the economic, social and cultural rights of children, with particular emphasis on health and education, and on the enjoyment of these rights by the most disadvantaged children. In this regard, the Committee suggests that the authorities responsible for overall planning and budgeting continue to be fully involved in all decisionmaking processes, so as to ensure that their decisions have a direct and positive impact on the budget.


296.     The Committee further recommends that all appropriate measures be undertaken to integrate children with disabilities into mainstream education.


297.     It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention, in particular articles 3 and 12, not only guide policy discussions and formulation and decisionmaking, but also are appropriately integrated into any judicial and administrative decisions and in the development and implementation of all projects, programmes and services which have an impact on children.


298.     The Committee recommends that the State party launch an information campaign, for both children and adults, on the Convention on the Rights of the Child to enable children to fully exercise their rights. Consideration should be given to the incorporation of the Convention in the curricula of educational institutions and appropriate measures should be taken to facilitate access by children to information on their rights. The Committee also suggests that the State party direct further efforts towards development of comprehensive training programmes for professional groups working with and for children such as judges, lawyers, magistrates, law enforcement personnel, military officials, teachers, school managers, health personnel, social workers, officials of national or local administrations and personnel of childcare institutions.


299.     With a view to harmonizing the definition of the child with the Convention, the Committee recommends that the minimum age for marriage be the same for girls and boys and that the age of end of compulsory education be the same as the minimum age for employment.


300.     The Committee recommends that the State party take all appropriate legal, administrative and other measures to protect children from harmful information, including in the audiovisual media and in media using new technologies.


301.     In light of the principle of the best interests of the child, the Committee recommends that the authorities work to develop alternative measures to institutionalization, such as foster care. It also recommends that the right of the child to periodic review of placement be systematically enforced.


302.     The Committee recommends that new and creative policies and programmes be considered to adequately support vulnerable families, particularly those living in poverty or singleparent families. The status of families accommodating refugee or displaced children should be regularized.


303.     The Committee strongly recommends that the legislation on adoption be brought into conformity with the provisions of article 21 and other related articles of the Convention. It further suggests that the State party consider ratifying the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.


304.     With the view to facilitating family reunification, the Committee recommends that the authorities set up a central agency to trace unaccompanied children; appropriate measures should also be taken to protect the rights of orphans and abandoned children.


305.     The Committee suggests that the State party undertake a comprehensive study of child abuse, including sexual abuse, and illtreatment in the family,


as well as a study on youth suicide. The Committee also recommends that adequate programmes be designed and adopted to prevent sexual abuse and exploitation of children, especially child prostitution.


306.     The Committee recommends that the State party adopt a strategy to tackle the problem of children working and/or living on the street. It further suggests that informal education programmes be promoted.


307.     In view of the critical situation in the field of health, the Committee recommends that the State party adopt a comprehensive national policy to promote and advance the health of children and mothers. The Committee suggests that particular attention be given to the impact of environmental pollution and that a study be undertaken on this subject. International cooperation in this field should be a priority.


308.     The Committee recommends that pupil retention programmes be promoted. In light of article 29 (d), the Committee recommends that education on conflict resolution and education for peace, tolerance and friendship among all people be promoted in all schools.


309.     The Committee recommends that special attention be directed to refugee and internally displaced children to ensure that they have equal access to basic facilities.


310.     The Committee strongly recommends that the State party take all appropriate measures, including through international cooperation, if necessary, to address the physical, psychological and social reintegration needs of children affected by the armed conflict and related types of violence.


311.     The Committee recommends that the State party consider undertaking a comprehensive reform of the juvenile justice system 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 protecting the rights of children deprived of their liberty, especially those living in “corrective labour institutions”, to the establishment of an appropriate and independent monitoring mechanism, and to the improvement of the quality and adequacy of alternative measures to imprisonment. Training on the relevant international standards should be organized for all professionals involved with the juvenile justice system. The Committee further suggests that the State party consider seeking technical assistance for this purpose from the High Commissioner/Centre for Human Rights and the Crime Prevention and Criminal Justice Division of the United Nations.


312.     Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned nongovernmental organizations.

III. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE


                                    A. Review of developments relevant to the

                                        work of the Committee


313.     During the session, the Committee was informed by one of its members, Mrs. Judith Karp, about a meeting, in which she had participated, of a group of experts to develop a programme of action to promote the effective use and application of international standards and norms in juvenile justice, which had taken place on 23-25 February 1997 in Vienna. The meeting was held pursuant to resolution 1996/13 of the Economic and Social Council and with the cooperation of the Austrian Government and the Crime Prevention and Criminal Justice Division. The group of experts developed a draft programme aimed at providing a framework:


            (a)       To implement the Convention on the Rights of the Child and other related international instruments with regard to the administration of juvenile justice;


            (b)       To facilitate assistance to States parties for the effective implementation of the Convention on the Rights of the Child and related instruments;


            (c)       To improve cooperation between United Nations organizations, specialized agencies, Governments, non-governmental organizations and members of the civil society in order to ensure effective implementation.


314.     The draft programme includes, among other things, a proposal to establish a coordinating panel on technical advice and assistance in juvenile justice, which will consist of representatives of the Committee on the Rights of the Child, the High Commissioner/Centre for Human Rights, the Crime Prevention and Criminal Justice Division, UNICEF, UNDP and other relevant United Nations organizations and specialized agencies, as well as other interested intergovernmental and non-governmental organizations which are involved with the provision of technical advice and assistance. The panel will act upon a strategy to be developed and will coordinate the delivery of international advisory services and technical assistance to States parties to the Convention.


315.     Mrs. Karp had also participated, on behalf of the Committee, in a conference held in the Swedish Parliament in Stockholm on 28-29 May 1997. The subject of the conference was “The best interests of the child in the European Union and the political and legal status of the Convention on the Rights of the Child in the European Union”. The Conference was organized by the Swedish

Network of Parliamentarians for Children’s Rights, Radda Barnen/Swedish Save the Children and Euronet Children’s Rights and Protection Network of NGOs in the European Union. The aim of the Conference was to highlight the rights of the child in Europe. The outcome of the Conference was the Stockholm Declaration of 19 May 1997.


316.     Mrs. Marilia Sardenberg, another Committee member, who had represented the Committee at the International Conference on the Most Intolerable Forms of Child Labour, held in Amsterdam on 26-27 February 1997, informed the Committee about the aims of the Conference, which was organized by the Government of the Netherlands in cooperation with the ILO and the International Programme for the Elimination of Child Labour (IPEC), as part of the current preparatory process aiming at the adoption, in the near future, of new standards in the area of child labour.


                                    B. Cooperation with United Nations and other

                                        competent bodies


317.     At its 386th meeting, the Committee held a meeting with United Nations bodies and specialized agencies as well as other competent bodies in the framework of its ongoing dialogue and interaction with these bodies in the light of article 45 of the Convention. Representatives from UNICEF, UNHCR, ILO, including IPEC, WHO and the NGO Group for the Convention on the Rights of the Child participated in the discussion.


318.     The spirit of cooperation built around the Convention on the Rights of the Child was underlined by all participants, and it was recognized that the Convention and its implementation mechanism provided an opportunity for developing a holistic approach to the rights of the child and multidisciplinary action in favour of children at the international and national levels. The preparatory process, joint activities and follow-up measures relating to the World Congress Against the Commercial Sexual Exploitation of Children held last year in Stockholm, and to the study by Mrs. Graça Machel on the impact of armed conflict on children, as well as the International Conference on Child Labour to be held in October 1997 in Oslo and its preparatory process, were referred to as clear illustrations of the solidarity and partnership between the various actors involved in the implementation of the rights of the child. Reference was also made to the valuable input of contributions and submissions by the Committee’s partners which enabled the Committee to better assess the concrete situation in States parties and helped it in identifying priority areas for action. The important role of the concluding observations adopted following the examination of States parties’ reports and their impact on activities and programmes at the national level was also stressed.


319.     The representative of UNHCR mentioned the importance attached within the UNHCR to children’s issues, illustrated by the development of specific guidelines for the protection and care of children, including those concerning unaccompanied minors, as well as the creation of two posts with a view to creating awareness of children’s issues and encouraging consideration of children’s concerns within UNHCR, namely the Senior Coordinator for Refugee Children and the Legal Adviser, Refugee Women and Children.


320.     The representative of UNICEF recalled the UNICEF Mission Statement which explicitly states that the work of UNICEF is to be guided by the principles and standards contained in the Convention, and mentioned various recent developments illustrating this shift in UNICEF’s approach to working for children, including the review of UNICEF's policies and strategies on children in need of special protection, and the elaboration of a resource guide for UNICEF staff on reporting to the Committee on the Rights of the Child.


321.     The representative of ILO referred to the main aspects of the cooperation between ILO and the Committee, and stressed the importance given by the ILO, both at headquarters and in its regional and country offices, to the work of the Committee. The importance of continuing to cooperate closely with ILO in the process of setting new standards in the area of child labour was also recalled. The Committee was also informed about the activities of the International Programme on the Elimination of Child labour, which had concluded memoranda of understanding with 26 Governments with a view to helping countries develop their national capacity to adopt and implement policies and programmes aiming at the elimination of child labour.


322.     The representative of WHO provided information on various childrelated programmes within the organization, including in the areas of maternal and child health, adolescent health, substance abuse and nutrition. He referred to ongoing cooperation with other partners, including UNICEF, ILO and the World Bank, in developing and implementing such programmes and providing technical support for the development of a comprehensive approach to health services for children, in the spirit of the Convention.


323.     The representative of the NGO Group for the Rights of the Child recalled the main aims of the Group, including awarenessraising about the Convention on the Rights of the Child and its implementation process, and the Group's contribution to the drawing up of recommendations, policies and strategies for the full implementation of the Convention. The discussions with the Group were further pursued in an informal meeting during which more information was provided to the Committee about the activities and programmes of the Group, including its thematic sub-groups.


324.     During the session, the Committee also held a meeting with representatives from the High Commissioner/Centre for Human Rights who informed the Committee about the main activities developed within the United Nations human rights programme which were relevant to the rights of the child. In this connection, mention was made of relevant activities which had occurred during the fifty-third session of the Commission on Human Rights as well as recent developments in other treaty-monitoring bodies and in extraconventional procedures including thematic and geographic mandates of Special Rapporteurs and working groups. The Committee was also informed of the results of the most recent sessions of the two working groups of the Commission on Human Rights on the two draft optional protocols to the Convention, respectively on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. Reference was also made to the Programmes of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, for the Elimination of the Exploitation of Child Labour adopted by the Commission on Human Rights and the Programme of Action for the Prevention of Traffic in Persons and the Exploitation of the Prostitution of Others adopted by the SubCommission on Prevention of Discrimination and Protection of Minorities. The role of the SubCommission and its Working Group on Contemporary Forms of Slavery was also discussed. The Committee was also informed of recent developments in the area of technical advice and assistance, including the integration of specific chapters on children into various training manuals. During these discussions, the need to pursue cooperation between the Committee and these various mechanisms on a regular and systematic basis and the importance of taking the Convention on the Rights of the Child into consideration in the framework of all human rights mechanisms and activities within the United Nations human rights programme was stressed.


325.     The Committee also held an informal exchange of views with Mr. Vitit Muntarbhorn, who informed the members about two studies to be undertaken in the framework of the follow-up to the World Congress Against Commercial Sexual Exploitation of Children (1996) for which he had been mandated by UNICEF. The first was a comprehensive study on the implementation of existing extraterritorial laws enabling States to take legal action against their residents in cases of sexual abuse of children committed abroad. The second study will focus on the jurisprudence of the Committee on the Rights of the Child in relation to sexual abuse and exploitation and its interpretation of article 34 and other related articles of the Convention on the Rights of the Child since the Committee began reviewing States parties' reports in 1993.


326.     The Committee also held an informal meeting with Mrs. Rachel Hodgkin and Mr. Peter Newell, who informed the Committee about the present status of the Implementation Handbook on the Convention on the Rights of the Child commissioned by UNICEF. The Handbook aims at encouraging the implementation of the Convention and seeks to describe its practical implications for those involved, at the national level, in planning and executing policies and programmes for children. The draft was at present being reviewed through a wide consultation process and was scheduled for publication by the end of 1997.


                                                C. Follow-up to the general discussion

                                                    on “The child and the media


327.     At its thirteenth session the Committee devoted a day of general discussion, on 7 October 1996, to the topic “The child and the media”. The Committee had identified three main areas for consideration, namely encouragement of the active participation of children in the media, the protection of the child from harmful influences through the media and ways to improve the image of the child through media reporting. On the basis of the discussions 12 main recommendations were formulated by the Rapporteur for the thematic day, Mr. Thomas Hammarberg. (For the report on the general discussion, see CRC/C/57, paras. 242257.) In view of the various contributions made and the importance of the issues considered, the Committee felt that there was a need to ensure follow-up to the general discussion and to constitute for this purpose a working group including representatives of the Committee, UNESCO, UNICEF, the High Commissioner/Centre for Human Rights and the Department of Public Information of the United Nations, the International Federation of Journalists and non-governmental organizations. It was requested that the working group should consider, in particular, constructive ways to follow up the 12 recommendations and other proposals made during the discussion. The Committee decided to authorize Mr. Hammarberg to

represent it on the working group and to initiate its convening. The first session of the working group was convened on 14 April 1997 at UNESCO headquarters in Paris. The report of this meeting is contained in annex IV.




                                    D. Future thematic debate on the rights of

                                        children with disabilities


328.     At its fourteenth session, the Committee had decided to devote its next day of general discussion to the topic “The rights of children with disabilities”. It had further decided to organize the thematic discussion on 6 October 1997 at the United Nations Office at Geneva and to establish a working group, composed of Mrs. Karp, Mr. Kolosov and Ms. Mason, to prepare an outline for the discussion.


329.     At the present session, the Committee held a discussion on the subject, with the participation of relevant NGOs actively involved in the preparatory work for the thematic day. The Committee recalled that the selection of this theme day represented a good opportunity to challenge the traditional invisibility of children with disabilities, and could provide a highprofile

focus to the right to social inclusion, and the right not to be discriminated against on the grounds of disability. Such a discussion day could contribute to raising awareness about the need to fill the gap between the principles and standards embodied in the Convention and the day-to-day realities of the lives of many children with disabilities. The Committee decided to organize the discussion day around the following three main topics: the right of children with disabilities to life and development; self-representation and participation of children with disabilities; and the entitlement of such children to inclusive education. It adopted the outline identifying the main issues to be raised during the debate (see annex V), with a view to later sending it to relevant United Nations bodies, specialized agencies and nongovernmental organizations together with an invitation to participate in the discussion day.




IV. DRAFT PROVISIONAL AGENDA FOR THE SIXTEENTH SESSION


330.     The following is the draft provisional agenda for the sixteenth session of the Committee:


            1.         Adoption of the agenda.


            2.         Organizational and other matters.

 

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

 

            4.         Consideration of reports of States parties.


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


            6.         General discussion on “The rights of children with disabilities”. 

 

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

 

            8.         Methods of work of the Committee.

 

            9.         Future meetings of the Committee.

 

            10.       Other matters.



V. ADOPTION OF THE REPORT


331.     At its 398th meeting, held on 6 June 1997, the Committee adopted the draft report on its fifteenth session.




Annex I


STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON

THE RIGHTS OF THE CHILD AS AT 6 JUNE 1997 (191)


States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession a/ 


Afghanistan              27 September 1990            28 March 1994                   27 April 1994

Albania                     26 January 1990                 27 February 1992               28 March 1992

Algeria                      26 January 1990                 16 April 1993                     16 May 1993

Andorra                     2 October 1995                  2 January 1996                   1 February 1996

Angola                      14 February 1990                5 December 1990               4 January 1991


Antigua and

 Barbuda                    12 March 1991                    5 October 1993                  4 November 1993

Argentina                  29 June 1990                       4 December 1990               3 January 1991

Armenia                                                               23 June 1993 a/                  22 July 1993

Australia                   22 August 1990                  17 December 1990             16 January 1991

Austria                      26 January 1990                  6 August 1992                    5 September 1992


Azerbaijan                                                            13 August 1992 a/              12 September 1992

Bahamas                   30 October 1990                20 February 1991               22 March 1991

Bahrain                                                                13 February 1992 a/           14 March 1992

Bangladesh               26 January 1990                  3 August 1990                    2 September 1990

Barbados                   19 April 1990                      9 October 1990                  8 November 1990


Belarus                     26 January 1990                  1 October 1990                 31 October 1990

Belgium                    26 January 1990                 16 December 1991             15 January 1992

Belize                        2 March 1990                     2 May 1990                        2 September 1990

Benin                        25 April 1990                      3 August 1990                    2 September 1990

Bhutan                       4 June 1990                        1 August 1990                    2 September 1990

  

Bolivia                       8 March 1990                    26 June 1990                       2 September 1990

Bosnia and

 Herzegovina b/                                                                                                6 March 1992

Botswana                                                             14 March 1995 a/               13 April 1995

Brazil                        26 January 1990                 24 September 1990            24 October 1990

Brunei

 Darussalam                                                          27 December 1995 a/         26 January 1996


Bulgaria                    31 May 1990                       3 June 1991                        3 July 1991

Burkina Faso            26 January 1990                 31 August 1990                  30 September 1990

Burundi                      8 May 1990                       19 October 1990                18 November 1990

Cambodia                 22 September 1992            15 October 1992                14 November 1992

Cameroon                 25 September 1990            11 January 1993                 10 February 1993

                    


            a/ Accession.


            b/ Succession.


States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession


Canada                      28 May 1990                      13 December 1991             12 January 1992

Cape Verde                                                           4 June 1992 a/                    4 July 1992

Central African 

 Republic                   30 July 1990                       23 April 1992                     23 May 1992

Chad                         30 September 1990             2 October 1990                  1 November 1990

Chile                         26 January 1990                 13 August 1990                  12 September 1990


China                        29 August 1990                   2 March 1992                     1 April 1992

Colombia                  26 January 1990                 28 January 1991                 27 February 1991

Comoros                   30 September 1990            22 June 1993                      21 July 1993

Congo                                                                  14 October 1993 a/             13 November 1993

Cook Islands                                                         6 June 1997 a/                    6 July 1997


Costa Rica                26 January 1990                 21 August 1990                  20 September 1990

Côte d’Ivoire          26 January 1990                  4 February 1991                 6 March 1991

Croatia b/                                                                                                          8 October 1991

Cuba                         26 January 1990                 21 August 1991                  20 September 1991

Cyprus                       5 October 1990                  7 February 1991                 9 March 1991


Czech

 Republic b/                                                                                                  1 January 1993

Democratic               

 People’s

 Republic of

 Korea                        23 August 1990                  21 September 1990            21 October 1990

Democratic

  Republic of

  Congo                      20 March 1990                   27 September 1990        27 October 1990

Denmark                   26 January 1990                 19 July 1991                       18 August 1991

Djibouti                    30 September 1990             6 December 1990               5 January 1991


Dominica                  26 January 1990                 13 March 1991                   12 April 1991

Dominican

 Republic                    8 August 1990                   11 June 1991                      11 July 1991

Ecuador                    26 January 1990                 23 March 1990                    2 September 1990

Egypt                         5 February 1990                 6 July 1990                         2 September 1990

El Salvador               26 January 1990                 10 July 1990                        2 September 1990


Equatorial

 Guinea                                                                  15 June 1992 a/                  15 July 1992

Eritrea                       20 December 1993              3 August 1994                    2 September 1994

Estonia                                                                 21 October 1991 a/             20 November 1991

Ethiopia                                                                14 May 1991 a/                  13 June 1991

Fiji                             2 July 1993                        13 August 1993                  12 September 1993




States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession  


Finland                     26 January 1990                 20 June 1991                      20 July 1991

France                       26 January 1990                  7 August 1990                    6 September 1990

Gabon                       26 January 1990                  9 February 1994                11 March 1994

Gambia                      5 February 1990                 8 August 1990                   7 September 1990

Georgia                                                                 2 June 1994 a/                   2 July 1994


Germany                   26 January 1990                  6 March 1992                    5 April 1992

Ghana                       29 January 1990                  5 February 1990                2 September 1990 Greece                      26 January 1990                 11 May 1993                      10 June 1993

Grenada                    21 February 1990                5 November 1990              5 December 1990

Guatemala                26 January 1990                  6 June 1990                       2 September 1990


Guinea                                                                  13 July 1990 a/                    2 September 1990

Guinea-Bissau          26 January 1990                 20 August 1990                  19 September 1990

Guyana                     30 September 1990            14 January 1991                 13 February 1991

Haiti                          20 January 1990                  8 June 1995                       8 July 1995

Holy See                   20 April 1990                     20 April 1990                     2 September 1990


Honduras                  31 May 1990                      10 August 1990                  9 September 1990

Hungary                    14 March 1990                    7 October 1991                  6 November 1991

Iceland                      26 January 1990                 28 October 1992                27 November 1992

India                                                                     11 December 1992 a/         11 January 1993

Indonesia                  26 January 1990                  5 September 1990             5 October 1990


Iran (Islamic

 Republic of)               5 September 1991             13 July 1994                       12 August 1994

Iraq                                                                       15 June 1994 a/                  15 July 1994

Ireland                      30 September 1990            28 September 1992            28 October 1992

Israel                          3 July 1990                         3 October 1991                  2 November 1991

Italy                          26 January 1990                  5 September 1991              5 October 1991


Jamaica                     26 January 1990                 14 May 1991                      13 June 1991

Japan                        21 September 1990            22 April 1994                     22 May 1994

Jordan                       29 August 1990                  24 May 1991                      23 June 1991

Kazakstan                 16 February 1994               12 August 1994                  11 September 1994

Kenya                       26 January 1990                 30 July 1990                        2 September 1990


Kiribati                                                                 11 December 1995 a/         10 January 1996

Kuwait                       7 June 1990                       21 October 1991                20 November 1991

Kyrgyzstan                                                            7 October 1994                  6 November 1994

Lao People’s

 Democratic

 Republic                                                                8 May 1991 a/                    7 June 1991

Latvia                                                                   14 April 1992 a/                 14 May 1992




States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession

 

Lebanon                    26 January 1990                 14 May 1991                      13 June 1991

Lesotho                     21 August 1990                  10 March 1992                    9 April 1992

Liberia                      26 April 1990                      4 June 1993                        4 July 1993

Libyan Arab 

 Jamahiriya                                                            15 April 1993 a/                 15 May 1993

Liechtenstein            30 September 1990            22 December 1995             21 January 1996


Lithuania                                                              31 January 1992 a/              1 March 1992

Luxembourg             21 March 1990                    7 March 1994                     6 April 1994

Madagascar              19 April 1990                     19 March 1991                   18 April 1991

Malawi                                                                  2 January 1991 a/               1 February 1991

Malaysia                                                              17 February 1995 a/           19 March 1995


Maldives                   21 August 1990                  11 February 1991               13 March 1991

Mali                          26 January 1990                 20 September 1990            20 October 1990

Malta                        26 January 1990                 30 September 1990            30 October 1990

Marshall 

 Islands                      14 April 1993                      4 October 1993                  3 November 1993

Mauritania                26 January 1990                 16 May 1991                      15 June 1991


Mauritius                                                              26 July 1990 a/                    2 September 1990

Mexico                     26 January 1990                 21 September 1990            21 October 1990

Micronesia 

 (Federated

 States of)                                                               5 May 1993 a/                    4 June 1993

Monaco                                                                21 June 1993 a/                  21 July 1993

Mongolia                  26 January 1990                  5 July 1990                         2 September 1990


Morocco                   26 January 1990                 21 June 1993                      21 July 1993

Mozambique             30 September 1990            26 April 1994                     26 May 1994

Myanmar                                                              15 July 1991 a/                   14 August 1991

Namibia                    26 September 1990            30 September 1990            30 October 1990

Nauru                                                                   27 July 1994 a/                   26 August 1994


Nepal                        26 January 1990                 14 September 1990            14 October 1990

Netherlands              26 January 1990                  6 February 1995                 7 March 1995

New Zealand             1 October 1990                  6 April 1993                       6 May 1993

Nicaragua                  6 February 1990                 5 October 1990                  4 November 1990

Niger                        26 January 1990                 30 September 1990            30 October 1990


Nigeria                      26 January 1990                 19 April 1991                     19 May 1991

Niue                                                                     20 December 1995 a/         19 January 1996

Norway                     26 January 1990                  8 January 1991                   7 February 1991

Oman                                                                    9 December 1996 a/           8 January 1997

Pakistan                    20 September 1990            12 November 1990            12 December 1990





States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession

 

Palau                                                                     4 August 1995 a/                3 September 1995

Panama                     26 January 1990                 12 December 1990             11 January 1991

Papua

 New Guinea              30 September 1990             1 March 1993                    31 March 1993

Paraguay                    4 April 1990                      25 September 1990            25 October 1990

Peru                          26 January 1990                  4 September 1990              4 October 1990


Philippines                26 January 1990                 21 August 1990                  20 September 1990

Poland                      26 January 1990                  7 June 1991                        7 July 1991

Portugal                    26 January 1990                 21 September 1990            21 October 1990 Qatar                          8 December 1992               3 April 1995                       3 May 1995

Republic of  

 Korea                        25 September 1990            20 November 1991            20 December 1991


Republic of

 Moldova                                                               26 January 1993 a/             25 February 1993

Romania                   26 January 1990                 28 September 1990            28 October 1990

Russian

 Federation                 26 January 1990                 16 August 1990                  15 September 1990

Rwanda                    26 January 1990                 24 January 1991                 23 February 1991

Saint Kitts

 and Nevis                  26 January 1990                 24 July 1990                        2 September 1990


Saint Lucia                                                           16 June 1993 a/                  16 July 1993

Saint Vincent

 and the

 Grenadines               20 September 1993            26 October 1993                25 November 1993

Samoa                       30 September 1990            29 November 1994            29 December 1994

San Marino                                                          25 November 1991 a/         25 December 1991

Sao Tome 

 and Principe                                                         14 May 1991 a/                  13 June 1991


Saudi Arabia                                                        26 January 1996 a/             25 February 1996

Senegal                     26 January 1990                 31 July 1990                        2 September 1990

Seychelles                                                             7 September 1990 a/          7 October 1990

Sierra Leone             13 February 1990               18 June 1990                       2 September 1990

Singapore                                                              5 October 1995 a/               4 November 1995


Slovakia b/                                                                                                        1 January 1993

Slovenia b/                                                                                                       25 June 1991

Solomon

 Islands                                                                  10 April 1995 a/                 10 May 1995

South Africa             29 January 1993                 16 June 1995                      16 July 1995

Spain                        26 January 1990                  6 December 1990               5 January 1991





States                        Date of signature                Date of receipt of               Date of entry

                                                                             instrument of                      into force

                                                                             ratification/

                                                                             accession

 

Sri Lanka                  26 January 1990                 12 July 1991                       11 August 1991

Sudan                        24 July 1990                        3 August 1990                    2 September 1990

Suriname                  26 January 1990                  1 March 1993                    31 March 1993

Swaziland                 22 August 1990                   7 September 1995              6 October 1995

Sweden                     26 January 1990                 29 June 1990                       2 September 1990


Switzerland                1 May 1991                       24 February 1997               26 March 1997

Syrian Arab 

 Republic                   18 September 1990            15 July 1993                       14 August 1993

Tajikistan                                                             26 October 1993 a/             25 November 1993

Thailand                                                               27 March 1992 a/               26 April 1992

The former

 Yugoslav

 Republic of

 Macedonia b/                                                                                                   17 September 1991


Togo                         26 January 1990                  1 August 1990                    2 September 1990

Tonga                                                                    6 November 1995 a/           6 December 1995

Trinidad and

 Tobago                     30 September 1990             5 December 1991               4 January 1992

Tunisia                      26 February 1990               30 January 1992                 29 February 1992

Turkey                      14 September 1990             4 April 1995                       4 May 1995


Turkmenistan                                                       20 September 1993 a/        19 October 1993

Tuvalu                                                                  22 September 1995 a/        22 October 1995

Uganda                     17 August 1990                  17 August 1990                  16 September 1990

Ukraine                     21 February 1991               28 August 1991                  27 September 1991

United Arab

  Emirates                                                               3 January 1997 a/               2 February 1997


United Kingdom

 of Great Britain

 and Northern

 Ireland                      19 April 1990                     16 December 1991             15 January 1992

United

 Republic

 of Tanzania                1 June 1990                       10 June 1991                      10 July 1991

Uruguay                    26 January 1990                 20 November 1990            20 December 1990

Uzbekistan                                                           29 June 1994 a/                  29 July 1994

Vanuatu                    30 September 1990             7 July 1993                         6 August 1993


Venezuela                 26 January 1990                 13 September 1990            13 October 1990

Viet Nam                  26 January 1990                 28 February 1990               2 September 1990

Yemen                      13 February 1990                1 May 1991                       31 May 1991

Yugoslavia               26 January 1990                  3 January 1991                   2 February 1991

Zambia                     30 September 1990             5 December 1991               5 January 1992


Zimbabwe                  8 March 1990                    11 September 1990            11 October 1990

Annex II


MEMBERSHIP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD


Name of member                                                                    Country of nationality


Mr. Francesco Paolo FULCI**                                              Italy


Mrs. Judith KARP*                                                                Israel


Mr. Youri KOLOSOV*                                                         Russian Federation


Miss Sandra Prunella MASON*                                            Barbados


Mrs. Nafsiah MBOI**                                                           Indonesia


Mrs. Esther Margaret Queen MOKHUANE**                      South Africa


Mrs. Awa N'Deye OUEDRAOGO*                                      Burkina Faso


Mrs. Lisbeth PALME*                                                           Sweden


Mr. Ghassan Salim RABAH**                                              Lebanon


Mrs. Marilia SARDENBERG**                                            Brazil






















                    



            *          Term expires on 28 February 1999.


     **                Term expires on 28 February 2001.



Annex III

 

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

THE CONVENTION ON THE RIGHTS OF THE CHILD AS AT 6 JUNE 1997

 

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 & Add.49

Barbados

 8 November 1990

 7 November 1992

12 September 1996

CRC/C/3/Add.45

Belarus

31 October 1990

30 October 1992

12 February 1993

CRC/C/3/Add.14

Belize

 2 September 1990

 1 September 1992

 1 November 1996

CRC/C/3/Add.46

Benin

 2 September 1990

 1 September 1992

22 January 1997

CRC/C/3/Add.52

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

14 January 1997

CRC/C/3/Add.50

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

13 February 1996

CRC/C/3/Add.41

Democratic Republic

  of the Congo

27 October 1990

26 October 1992

 

 

Ecuador

 2 September 1990

 1 September 1992

11 June 1996

CRC/C/3/Add.44

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

20 November 1996

CRC/C/3/Add.48

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

2 April 1997

CRC/C/3/Add.53

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 and 13 November 1996

CRC/C/3/Add.22 & CRC/C/3/Add.47

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

21 January 1997

CRC/C/3/Add.51

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

10 April 1996

CRC/C/3/Add.43

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

27 February 1996

CRC/C/3/Add.42

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

 1 February 1996

CRC/C/3/Add.40

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

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 & CRC/C/8/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

28 June 1996

CRC/C/8/Add.34

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

23 August 1996

CRC/C/8/Add.35

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

19 September 1995

CRC/C/8/Add.28

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

 4 March 1997

CRC/C/8/Add.36

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

 8 October 1996

CRC/C/11/Add.14

Azerbaijan

12 September 1992

11 September 1994

 9 November 1995

CRC/C/11/Add.8

Bahrain

14 March 1992

14 March 1994

26 May 1997

CRC/C/11/Add.15

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

 4 March 1996

CRC/C/11/Add.11

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

 4 April 1996

CRC/C/11/Add.12

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

23 August 1996

CRC/C/11/Add.13

Trinidad and Tobago

 4 January 1992

 3 January 1994

16 February 1996

CRC/C/11/Add.10

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

and Add.9

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

19 February 1997

CRC/C/28/Add.9

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

12 June 1996

CRC/C/28/Add.7

Greece

10 June 1993

 9 June 1995

 

 

India

11 January 1993

10 January 1995

19 March 1997

CRC/C/28/Add.10

Liberia

 4 July 1993

 3 July 1995

 

 

Libyan Arab Jamahiriya

15 May 1993

14 May 1995

23 May 1996

CRC/C/28/Add.6

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

16 April 1996

CRC/C/28/Add.5

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

27 January 1997

CRC/C/28/Add.8

 

 

 

 

 

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

26 July 1996

CRC/C/41/Add.2

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

30 May 1996

CRC/C/41/Add.1

Mozambique

26 May 1994

25 May 1996

 

 

Georgia

 2 July 1994

 1 July 1996

 7 April 1997

CRC/C/41/Add.4

Iraq

15 July 1994

14 July 1996

 6 August 1996

CRC/C/41/Add.3

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

 

 

Kazakstan

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

15 May 1997

CRC/C/51/Add.1

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

 

 

Pilau

 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

 

 

Initial reports due in 1999

United Arab Emirates

 2 February 1997

 1 February 1999

 

 

Switzerland

26 March 1997

25 March 1999

 

 

Cook Islands

 6 July 1997

 5 July 1999

 

 

 

 


Annex IV


WORKING GROUP ON CHILDREN AND THE MEDIA  REPORT TO THE

COMMITTEE ON THE RIGHTS OF THE CHILD


Introduction


            On 7 October 1996, the Committee on the Rights of the Child convened a general discussion day on the wideranging issues of “Children and the media”. The Committee, moreover, felt that there was a need to ensure followup on this important issue, and requested Mr. Thomas Hammarberg to constitute and convene a working group to consider the implementation of 12 specific recommendations coming out of the October 1996 meeting, with a view to action by concerned United Nations bodies, NGO and media industry partners and other relevant players interested in exploring and facilitating the role the media can play in the protection and promotion of children's rights. The Committee requested Mr. Hammarberg to report on progress at its next session in May/June 1997.


            After collaborative preparation, the Working Group met on 14 April 1997 at the headquarters of UNESCO in Paris. The 20 participants represented a broad range of players including UNICEF, UNESCO, the United Nations Information Service, ILO, the United Nations High Commissioner/Centre for Human Rights, NGOs, the International Federation of Journalists and representative journalists and media associations.


            The participants agreed that it was important to put together a firststage action plan for the 12 recommendations and allied issues, and to report to the Committee at its next session so that interested donors might be identified and work be undertaken speedily. Once firststage action was under way, secondstage action could be discussed and planned.


General observation


            While discussion of the 12 principal recommendations was ensuing, a number of general issues were also considered and the Working Group noted that action on the 12 recommendations would generally benefit from the development of a strategic framework. Such a framework would aim to identify target audiences, formats, working partners, and timeframes and would permit deeper reflection on the aims of article 17 and other relevant articles of the Convention relating to information. It was agreed that potential elements of a strategic framework should be identified during stage one activities with a view to constructing a general strategy in which stage two activities might be undertaken.


Action on recommendation 1: Preparation of a best practice

dossier on child participation in the media


            The Working Group considered that it was important not only to compile a dossier of best practices of child participation in the media, but also to conduct an analysis of the examples gathered both to identify obstacles that


might stand in the way of effective child participation and to examine ways in which such obstacles have been or might be overcome. It was therefore agreed that this work would begin immediately.


            In stage one (approximately six months), UNICEF, UNESCO, the NGO Group for the Convention on the Rights of the Child with the Child Rights Information Network, and ILO/IPEC, will conduct internal research and compile best practice dossiers. For these searches to produce comparable data, UNICEF will prepare a questionnaire for all partners to use.


            Additionally Groupe de recherche sur la relation enfantsmédia (GRREM) and UNESCO, who are coorganizing a forum for researchers in the field of children and the media in Paris in late April 1996, will identify a special rapporteur who will conduct a similar search based on the presentations at the forum.


            In stage two, these individual dossiers will be compiled and analysed, and further input will be sought. Such work might be undertaken by a consultant. At this stage, additionally, there will need to be consideration of the target audiences for such a compilation, the format it will consequently take and how it will be distributed.


Action on recommendation 2: A child forum on Internet


            This recommendation sought to “add value” to the work already done by UNICEF, whose Voices of Youth web site has become a widely used and wellrespected interactive Internet site for children and teachers to exchange opinions and information on a wide range of issues of importance to young people. The participants agreed that it would not be practical to consider creating additional web sites specifically for this initiative, but rather to further develop Voices of Youth and to attempt, where possible, to link other web sites so that children and young people might more readily “surf” across them and have the widest possible access to sites containing useful information aimed at children and additional opportunities to interact via the Internet.


            In stage one, therefore, UNICEF undertook to further develop Voices of Youth, and invited input from partners in the Working Group.


            In stage two, it was felt that it would be useful also to develop working partnerships with journalists and editors of Internetrelated magazines aimed at young people. This would allow wide dissemination of information on available web sites and would provide both an additional source of information for young people and the opportunity to forge new relationships between this specific arm of the media and the Working Group in the interests of children.


Action on recommendation 3: Documentation and dissemination

of experience of active child libraries


            The Working Group discussed the value of sharing experiences on active child libraries and children's departments within public libraries, while


noting that many children, particularly in developing countries, live in societies where libraries and, indeed, books and reading, are not major sources of information.


            At the close of discussion, it was agreed to record that the project to compile best practices of child libraries remains unfunded.


Action on recommendation 4: Encouragement and furtherance

of media literacy


            The Working Group discussed the importance of helping children to become critical consumers of media in all its forms, a task which today fewer parents assume and which, although included in school curricula in some parts of the world, is not consistently or widely undertaken or implemented with updated information. It was noted, with regret, that UNESCO is no longer active in this area although a number of past UNESCO reports, including one from a meeting in Toulouse in 1990 on this subject, are available.


            It was agreed that, in stage one, UNESCO would compile and circulate amongst Working Group members any documentation currently available, including the Toulouse report.


            In stage two, UNICEF undertook to give consideration to how a clearinghouse function for such information (and potentially data compiled under recommendations 1 and 3) could be planned and funded.


Action on recommendations 5 and 8: State support to media

for children and advice on implementation of article 17


            The role of Governments and mechanisms through which the Committee on the Rights of the Child might assist Governments in fulfilling the aims of article 17 and other relevant articles of the Convention relating to information were considered together. The Working Group noted that a number of members of the Group had already collaborated in some preliminary work on this issue: the United Nations High Commissioner/Centre for Human Rights circulated a draft research paper which examined and compiled reporting to the Committee on the issue of children and the media by Governments to date; UNICEF had been working on a general conceptual framework which might form the basis of a narrative general comment on article 17, and a UNICEF handbook on implementation of the Convention (currently in draft) also deals with this issue.


            It was agreed that, in stage one, these complementary undertakings would form the basis of further analysis and discussion with a view to producing an appropriate narrative. Members of the Working Group will receive copies of the draft work done so far for comment.


Action on recommendation 6: Agreements with media companies

to protect children against harmful influences


            At this first meeting, recommendation 6 was not discussed in detail. However, this issue forms part of the ongoing work of the journalism association representatives present, and a number of initiatives were described which are furthering discussion of professional guidelines, codes of conduct, ethical frameworks and monitoring mechanisms. As part of its ongoing work, therefore, the Working Group will take note of such progress and identify opportunities for cooperation.


Action on recommendations 7 and 11: National plans of action

to empower parents/networks of media watch groups


            There was wide discussion on the broad scope of this topic, during which it was noted that the Norwegian Government was potentially a valuable source of experience on the subject of parental roles in the protection of children from harmful media influences. In Sweden, Redda Barnen had also worked on this issue and UNICEF advised that it had worked with Consumers International to prepare a report on children as media consumers.


            It was agreed, therefore, that in stage one the Chairman of the Working Group would approach the Norwegian Government to seek collaboration in making experience on this issue more widely available, potentially through a meeting of interested parties and/or followup documentation.


Action on recommendation 9: Specific guidelines

for reporting on child abuse


            The International Federation of Journalists noted that, following the World Congress against Commercial Sexual Exploitation of Children in 1996, there was a “change of atmosphere” that would facilitate cooperation with journalists on this issue. It was agreed at the Congress that input from nonjournalists should be “nonintrusive” and aim rather at collaboration than imposition. Indeed, it was also agreed at the Congress that child rights organizations themselves would benefit from further reflection and direction on the way they treat the image of the child in, for example, fundraising materials. A followup meeting in late 1997 will bring together media professionals to consider guidelines and ethics for journalists, and how journalists interact with the communities they serve. This would be useful as a way of spreading this debate further, since there remains the concern that ideas being discussed will only make a real difference for children if they are spread widely. UNICEF advised that it would be willing to continue to work with IFJ on this issue, and to integrate its own work on the image of the child into the debate. The United Nations Special Rapporteur on the sale of children, child prostitution and child pornography is also an important player in this work and should be both supported in her work and involved in debate on this issue.


            It was agreed that, in stage one, the IFJ would consider how it might coordinate the media professionals' side of this debate and facilitate the process of drafting text, workshopping regionally with media and child rights workers and potentially then collaborating in a larger international meeting. UNICEF would work with IFJ on this and contribute input on how the process might be widened to include NGOs and United Nations bodies and mechanisms. The United Nations High Commissioner/Centre for Human Rights may have some funding available for this in support of the Special Rapporteur and the Chairman also undertook to identify potential sources of funding for this work.


Action on recommendation 10: Materials for journalist

education on child rights


            The Working Group noted that work has been initiated by the United Nations High Commissioner/Centre for Human Rights to produce a training manual on the wider issue of human rights, and that an expanded child rights section could be developed within this already funded project. The International Federation of Journalists is currently advising on the development of this work and noted the importance of the manual being a “real tool” for newsrooms, so that journalists should be engaged, rather than trained. The IFJ also noted that such a handbook must go beyond “structural” listings of international instruments and mechanisms, nd include narrative which would assist journalists as they confront the ethical issues involved in reporting children's issues. It was noted that journalists already show great interest in rights issues and that the desire to explore children's rights seems to be growing. It was also noted, however, that other sectors such as advertising professionals, film and entertainment media and the suchlike are not yet similarly engaged. It was also noted that within the profession of journalism it is not only journalists who must be engaged but also editors, photo editors and other actors in the media process. The Working Group also noted that the IFJ and UNICEF had collaborated successfully in promoting debate on media coverage of child rights issues in preparation for the World Congress against Commercial Sexual Exploitation of Children in 1996, which produced preliminary input to journalism materials on this issue. UNICEF would be willing to continue this collaboration during preparation of training materials.


            It was recommended, therefore, that in stage one the International Federation of Journalists formulate thinking on how to include child rights issues in the materials currently being developed with funding from the United Nations High Commissioner/Centre for Human Rights. Collaboration between IFJ and UNICEF on this work should continue.


Action on recommendation 12: Service to

“child rights correspondents”


            This idea to build a “register” of media professionals with a specific interest in the wide range of children's issues, including child rights, was discussed in the context of heightened media interest. It was noted that all the Working Group members already had access to mailing lists of journalists. It is vital, however, that journalists whose names appear on such lists should be “serviced” and that their inclusion on a list should not lead to their receiving large quantities of unsolicited and irrelevant information which might alienate them from the issue of children and their rights. A consolidated mailing list, therefore, should be disaggregated (to allow journalists to receive only information that is of specific interest to them, and to allow for country and issuespecific mailings), and serviced (for example so that journalists do not receive duplicate mailings and can move off the list when they wish to, and so that their requests for information are dealt with speedily). It was also noted that there is a specific, immediate need to upgrade press work around the Committee on the Rights of the Child, so that its discussions and deliberations are more widely reported in the interests of children.


            It was agreed that, in stage one, the United Nations High Commissioner/Centre for Human Rights and the United Nations Information Service in Geneva would continue to work together to improve reporting on the work of the Committee on the Rights of the Child.


            Meanwhile, consideration will be given to producing, in stage two, the consolidated, disaggregated mailing list (register) of child rights journalists envisaged, including mechanisms for servicing such a list so that it functions effectively.


Conclusion


            It was agreed that the Rapporteur of the Working Group would ensure immediate followup after the meeting and would prepare a report to the Committee on the Rights of the Child and an expanded actionoriented record for Working Group members.


            The Working Group recommends to the Committee on the Rights of the Child that the Working Group meets again before the Committee's January 1998 session, to assess progress and consolidate stage one action in order to facilitate stage two undertakings. In preparation for the meeting, consideration should be given to including more media professionals and taking a more regional approach.




Annex V


GENERAL DISCUSSION ON "THE RIGHTS OF CHILDREN WITH DISABILITIES" 

DRAFT OUTLINE


            The theme for the next general discussion of the United Nations Committee on the Rights of the Child is "The rights of children with disabilities". The discussion will take place on Monday, 6 October 1997 at the United Nations Office at Geneva. United Nations bodies and specialized agencies as well as non-governmental organizations and individual experts are invited to take part in this one-day discussion.


            The decision to devote one day to discuss this topic was taken by the Committee on the Rights of the Child at its fourteenth session in the light of rule 75 of its provisional rules of procedure. The purpose of the general discussions is to foster a deeper understanding of the content and implications of the Convention. The discussions are public.


            There are approximately 2 billion children in the world, of whom, it is conservatively estimated, as many as 100 million have disabilities. And the evidence of the dramatically restricted life opportunities of these children in many parts of the world makes grim reading. Hundreds of thousands of children with disabilities are condemned to live their lives in institutions, often deprived not only of love and affection, but also of the most basic physical care and intellectual stimulation. Armed conflicts and political violence, which have such devastating impacts on children's lives, also contribute heavily to the toll of disability: they are now the leading causes of injury, impairment and physical disability in children, and only 3 per cent of children disabled as a result of war receive any rehabilitative care.


            Throughout history children with disabilities have been, and indeed in many societies still are, denied access to education, family life, adequate health care, opportunities for play or for training, and the right to participate in the “normal” activities of childhood. They experience in effect a form of social exclusion which represents a denial of their basic rights. Furthermore,these children are amongst those most vulnerable to abuse and neglect by the adults who are responsible for them and the least able to assert their rights on their own behalf. And despite the scale of the problem and the extent of the discrimination, the plight of children with disabilities rarely figures high on the national or international agenda. They remain invisible.


            A theme day devoted to the rights of children with disabilities represents a powerful opportunity to challenge this invisibility. It can provide a high-profile focus on the right of children with disabilities to social inclusion; their right not to be discriminated against on the grounds of their handicap. It may contribute to raising international awareness of the huge gulf between the principles and standards embodied in the Convention and the day-to-day realities of so many children's lives.




            The Committee on the Rights of the Child clearly has a role to play in creating opportunities to highlight not only the obligations Governments have undertaken with respect to children with disabilities under the Convention, but also the extent to which the rights of children with disabilities are violated, and in promoting international debate and action on this issue. It also has a role in the development of indicators to measure the performance of Governments in implementing the provisions of the Convention, including through legislation, policy and practice to give effect to those provisions.


            The thematic debate, which will mainly address the provisions of article 23 of the Convention on the Rights of the Child, will also naturally reflect the holistic approach of the Convention, illustrating and reinforcing the interdependence and indivisibility of all the human rights of children. Once again, the basic general principles of the Convention  non-discrimination, the best interests of the child, the right to survival and development to the maximum extent possible and the participation of the child in the decisions affecting him or her - will be the guiding themes in the consideration of this issue. Other articles of particular relevance include article 24 (the right to enjoy the highest attainable standard of health), article 28 (the right to education on the basis of equality of opportunity), article 29 (the aims of education, including the development of the child's personality, talents and mental and physical abilities to his/her fullest potential) and article 31 (the right to engage in play and recreational activities and to participate freely in cultural life and the arts).


            The main objectives of the theme day will be as follows:


            (a)       To share ideas, knowledge and examples of good practice in challenging discrimination against and encouraging participation of children with disabilities;


            (b)       To promote public debate and awareness at both the national and international levels of the need to bridge the gap between the obligations undertaken by Governments on behalf of children with disabilities and the day-to-day realities of the lives of millions of children;


            (c)       To contribute to the development of indicators which might assist Governments in evaluating the extent of their compliance with the provisions of the Convention relevant to the rights of children with disabilities;


            (d)       To contribute to the development of programmes of action at both the national and international levels to protect and promote the rights of children with disabilities; and


            (e)       To contribute to the formulation of national strategies that need to be developed in order to work towards the full enjoyment by children with disabilities of their rights to social inclusion and appropriate care.




            The discussion will focus mainly on the following three issues:

 

            The right to life and development;


            Self-representation and full participation;

 

The right of children with disabilities to full participation in education.


            Written contributions are welcome. These should be sent by 25 August 1997 to:


            Committee on the Rights of the Child

            c/o High Commissioner/Centre for Human Rights

            Palais des Nations

            1211 Geneva 10

            Switzerland



Annex VI


LIST OF INITIAL REPORTS CONSIDERED BY THE COMMITTEE

ON THE RIGHTS OF THE CHILD AS AT 6 JUNE 1997


                                                            State party reports                              Observations

                                                                                                                        adopted by

                                                                                                                        the Committee


Third session

(January 1993)


            Bolivia                                    CRC/C/3/Add.2                                  CRC/C/15/Add.1

            Sweden                                   CRC/C/3/Add.1                                  CRC/C/15/Add.2

            Viet Nam                                CRC/C/3/Add.4 and 21                      CRC/C/15/Add.3

            Russian Federation                 CRC/C/3/Add.5                                  CRC/C/15/Add.4

            Egypt                                      CRC/C/3/Add.6                                  CRC/C/15/Add.5

            Sudan                                      CRC/C/3/Add.3                                  CRC/C/15/Add.6                                                                                                                                (preliminary)


Fourth session

(September-October 1993)


            Indonesia                                CRC/C/3/Add.10                                CRC/C/15/Add.7

                                                                                                                        (preliminary)

            Peru                                        CRC/C/3/Add.7                                  CRC/C/15/Add.8

            El Salvador                             CRC/C/3/Add.9 and 28                      CRC/C/15/Add.9

            Sudan                                      CRC/C/3/Add.3 and 20                      CRC/C/15/Add.10

            Costa Rica                              CRC/C/3/Add.8                                  CRC/C/15/Add.11

            Rwanda                                  CRC/C/8/Add.1                                  CRC/C/15/Add.12

                                                                                                                        (preliminary)


Fifth session

(January 1994)


            Mexico                                   CRC/C/3/Add.11                                CRC/C/15/Add.13

            Namibia                                  CRC/C/3/Add.12                                CRC/C/15/Add.14

            Colombia                                CRC/C/8/Add.3                                  CRC/C/15/Add.15

                                                                                                                        (preliminary)

            Romania                                 CRC/C/3/Add.16                                CRC/C/15/Add.16

            Belarus                                   CRC/C/3/Add.14                                CRC/C/15/Add.17


Sixth session

(April 1994)


            Pakistan                                  CRC/C/3/Add.13                                CRC/C/15/Add.18

            Burkina Faso                          CRC/C/3/Add.19                                CRC/C/15/Add.19

            France                                     CRC/C/3/Add.15                                CRC/C/15/Add.20

            Jordan                                     CRC/C/8/Add.4                                  CRC/C/15/Add.21

            Chile                                       CRC/C/3/Add.18                                CRC/C/15/Add.22

            Norway                                   CRC/C/8/Add.7                                  CRC/C/15/Add.23



                                                            States party reports                             Observations                                                                                                                                       adopted by

                                                                                                                        the Committee


Seventh session

(September-October 1994)


            Honduras                                CRC/C/3/Add.17                                CRC/C/15/Add.24

            Indonesia                                CRC/C/3/Add.10 and 26                    CRC/C/15/Add.25

            Madagascar                            CRC/C/8/Add.5                                  CRC/C/15/Add.26

            Paraguay                                 CRC/C/3/Add.22                                CRC/C/15/Add.27

                                                                                                                        (preliminary)

            Spain                                      CRC/C/8/Add.6                                  CRC/C/15/Add.28

            Argentina                                CRC/C/8/Add.2 and 17                      CRC/C/15/Add.35

                                                                                                                        (adopted at the

                                                                                                                        eighth session)


Eighth session

(January 1995)


            Philippines                              CRC/C/3/Add.23                                CRC/C/15/Add.29

            Colombia                                CRC/C/8/Add.3                                  CRC/C/15/Add.30

            Poland                                    CRC/C/8/Add.11                                CRC/C/15/Add.31

            Jamaica                                   CRC/C/8/Add.12                                CRC/C/15/Add.32

            Denmark                                 CRC/C/8/Add.8                                  CRC/C/15/Add.33

            United Kingdom                     CRC/C/11/Add.1                                CRC/C/15/Add.34


Ninth session

(May-June 1995)


            Nicaragua                               CRC/C/3/Add.25                                CRC/C/15/Add.36

            Canada                                    CRC/C/11/Add.3                                CRC/C/15/Add.37

            Belgium                                  CRC/C/11/Add.4                                CRC/C/15/Add.38

            Tunisia                                    CRC/C/11/Add.2                                CRC/C/15/Add.39

            Sri Lanka                                CRC/C/8/Add.13                                CRC/C/15/Add.40


Tenth session

(October-November 1995)


            Italy                                        CRC/C/8/Add.18                                CRC/C/15/Add.41

            Ukraine                                   CRC/C/8/Add.10/Rev.1                     CRC/C/15/Add.42

            Germany                                 CRC/C/11/Add.5                                CRC/C/15/Add.43

            Senegal                                   CRC/C/3/Add.31                                CRC/C/15/Add.44

            Portugal                                  CRC/C/3/Add.30                                CRC/C/15/Add.45

            Holy See                                 CRC/C/3/Add.27                                CRC/C/15/Add.46




                                                            State party reports                              Observations

                                                                                                                        adopted by

                                                                                                                        the Committee


Eleventh session

(January 1996)


            Yemen                                    CRC/C/8/Add.20                                CRC/C/15/Add.47

            Mongolia                                CRC/C/3/Add.32                                CRC/C/15/Add.48

            Federal Republic

            of Yugoslavia                         CRC/C/8/Add.26                                CRC/C/15/Add.49

            Iceland                                    CRC/C/11/Add.6                                CRC/C/15/Add.50

            Republic of Korea                  CRC/C/8/Add.21                                CRC/C/15/Add.51

            Croatia                                    CRC/C/8/Add.19                                CRC/C/15/Add.52

            Finland                                   CRC/C/8/Add.22                                CRC/C/15/Add.53


Twelfth session

(May-June 1996)


            Lebanon                                  CRC/C/18/Add.23                              CRC/C/15/Add.54

            Zimbabwe                               CRC/C/3/Add.35                                CRC/C/15/Add.55

            China                                      CRC/C/11/Add.7                                CRC/C/15/Add.56

            Nepal                                      CRC/C/3/Add.34                                CRC/C/15/Add.57

            Guatemala                              CRC/C/3/Add.33                                CRC/C/15/Add.58

            Cyprus                                    CRC/C/8/Add.24                                CRC/C/15/Add.59


Thirteenth session

(September-October 1996)


            Morocco                                 CRC/C/28/Add.1                                CRC/C/15/Add.60

            Nigeria                                    CRC/C/8/Add.26                                CRC/C/15/Add.61

            Uruguay                                  CRC/C/3/Add.37                                CRC/C/15/Add.62

            United Kingdom

            (Hong Kong)                          CRC/C/11/Add.9                                CRC/C/15/Add.63

            Mauritius                                CRC/C/3/Add.36                                CRC/C/15/Add.64

            Slovenia                                  CRC/C/8/Add.25                                CRC/C/15/Add.65


Fourteenth session

(January 1997)


            Ethiopia                                  CRC/C/8/Add.27                                CRC/C/15/Add.66

            Myanmar                                CRC/C/8/Add.9                                  CRC/C/15/Add.67

            Panama                                   CRC/C/8/Add.28                                CRC/C/15/Add.68

            Syrian Arab Republic             CRC/C/28/Add.2                                CRC/C/15/Add.69

            New Zealand                          CRC/C/28/Add.3                                CRC/C/15/Add.70

            Bulgaria                                  CRC/C/8/Add.29                                CRC/C/15/Add.71




                                                            State party reports                              Observations

                                                                                                                        adopted by

                                                                                                                        the Committee


Fifteenth session

(MayJune 1997)


            Cuba                                       CRC/C/8/Add.30                                CRC/C/15/Add.72

            Ghana                                     CRC/C/3/Add.39                                CRC/C/15/Add.73

            Bangladesh                             CRC/C/3/Add.38 and 49                    CRC/C/15/Add.74

            Paraguay                                 CRC/C/3/Add.22 and 47                    CRC/C/15/Add.75

            Algeria                                    CRC/C/28/Add.4                                CRC/C/15/Add.76

            Azerbaijan                              CRC/C/11/Add.8                                CRC/C/15/Add.77


Annex VII


PROVISIONAL LIST OF INITIAL REPORTS SCHEDULED FOR CONSIDERATION

AT THE COMMITTEE'S SIXTEENTH AND SEVENTEENTH SESSIONS



Sixteenth session

(22 September10 October 1997)


            Australia                                                                     CRC/C/8/Add.31

            Lao People's Democratic Republic                            CRC/C/8/Add.32

            Uganda                                                                       CRC/C/3/Add.40

            Democratic People's Republic of Korea                     CRC/C/3/Add.41

            Trinidad and Tobago                                                  CRC/C/11/Add.10

            Togo                                                                           CRC/C/3/Add.42


Seventeenth session

(523 January 1998)


            Czech Republic                                                          CRC/C/11/Add.11

            Maldives                                                                     CRC/C/8/Add.33

            Ireland                                                                        CRC/C/11/Add.12

            Sierra Leone                                                               CRC/C/3/Add.43

            Micronesia                                                                  CRC/C/28/Add.5

            Libyan Arab Jamahiriya                                             CRC/C/28/Add.6


Annex VIII


LIST OF DOCUMENTS ISSUED FOR THE FIFTEENTH SESSION OF THE COMMITTEE

 

CRC/C/2/Rev.6                     Reservations, declarations and objections relating to the Convention on the Rights of the Child

 

CRC/C/3/Add.38                   Initial report of Bangladesh

 

CRC/C/3/Add.39                   Initial report of Ghana

 

CRC/C/3/Add.47                   Supplementary report of Paraguay

 

CRC/C/3/Add.49                   Supplementary report of Bangladesh


CRC/C/8/Add.30                   Initial report of Cuba


CRC/C/11/Add.8                   Initial report of Azerbaijan 

 

CRC/C/15/Add.72                 Concluding observations: Cuba

 

CRC/C/15/Add.73                 Concluding observations: Ghana

 

CRC/C/15/Add.74                 Concluding observations: Bangladesh

 

CRC/C/15/Add.75                 Concluding observations: Paraguay

 

CRC/C/15/Add.76                 Concluding observations: Algeria

 

CRC/C/15/Add.77                 Concluding observations: Azerbaijan

 

CRC/C/27/Rev.8                   Note by the SecretaryGeneral on followup to the consideration of reports


CRC/C/28/Add.4                   Initial report of Algeria

 

CRC/C/40/Rev.6                   Note by the SecretaryGeneral on areas identified by the Committee for technical assistance

 

CRC/C/63                              Provisional agenda and annotations

 

CRC/C/64                              Note by the SecretaryGeneral on the States parties to the Convention and the status of submission of reports


CRC/C/65                              Note by the SecretaryGeneral on periodic reports due                                                in 1997

 

CRC/C/SR.372398              Summary records of the fifteenth session



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