Agrees on the following:

            1.         Although the Convention on the Rights of the Child does not require the presence of the representatives of the States parties at the meetings during which their respective reports are examined by the Committee, such a presence is highly desirable.

            2.         Rule 68 of the Provisional Rules of Procedure of the Committee establishes that “representatives of the States parties shall be invited to attend the meetings of the Committee when their reports are examined”. The intention underlying this rule is to enable an effective and constructive dialogue between the Committee and the reporting States, which can be facilitated by the attendance of high-level representatives of the States parties.

            3.         Notwithstanding the desirability of such a dialogue, the Committee may use its right to examine reports even in the absence of a positive reaction on the part of a State party to the invitation to attend the meetings of the Committee. Such an approach is deemed necessary in order to enable the Committee to meet its mandate and heavy workload expeditiously and efficiently.

                                    2. Cooperation with other United Nations organs

                                        and other competent bodies

            The Committee on the Rights of the Child,

            Welcoming the progress made by the Preparatory Committee on the Establishment of an International Criminal Court (ICC) in preparing a draft consolidated text of a convention on the establishment of an International Criminal Court,

            Welcoming also resolution 52/160 adopted by the General Assembly on 15 December 1997, in which the Assembly decided, inter alia, that the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court shall be held in Rome from 15 June to 17 July 1998, with a view to finalizing and adopting a convention on the establishment of such a Court,

            Emphasizing the importance of ensuring that, in creating a permanent mechanism for the prevention and punishment of serious crimes of concern to the international community as a whole, the statute of the International Criminal Court duly take into account the need to protect the rights of children, both as victims and possible perpetrators of the said crimes, in accordance with the principles and provisions set forth by the Convention on the Rights of the Child,

            Considering that, in this respect, special attention should be devoted to the issues of definition of war crimes, age of criminal responsibility, aggravating and mitigating circumstances of the crimes and the protection of the rights of the child within the Court’s jurisdiction,

            Recalling that, under article 43, paragraph 1 of the Convention on the Rights of the Child, the Committee was established “for the purpose of examining the progress made by States parties in achieving the realization of the obligations undertaken” in the Convention,

            1.         Recommends to all States parties to and signatories of the Convention on the Rights of the Child to operate, in the Preparatory Committee on the Establishment of an International Criminal Court and at the 1998 Rome Diplomatic Conference, with a view to ensuring that the provisions of the ICC statute be in line with the principles and provisions of the Convention on the Rights of the Child with respect to the various aspects of the protection of children’s rights;

            2.         Further recommends that special attention be devoted, in this context, to the rights of the child in the areas of definition of war crimes, age of criminal responsibility, aggravating and mitigating circumstances of the crimes and the protection of the rights of the child victim within the Court’s jurisdiction.

II. ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Convention

1.         As at 23 January 1998, the closing date of the seventeenth 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.7.

B. Opening and duration of the session

3.         The Committee on the Rights of the Child held its seventeenth session at the United Nations Office at Geneva from 5 to 23 January 1998. The Committee held 27 meetings (427th to 453rd). An account of the Committee's deliberations at its seventeenth session is contained in the relevant summary records (CRC/C/SR.427428, 432434, 436438, 440441, 443, 445, 448 and 453).

C. Membership and attendance

4.         All the members of the Committee except Mr. Ghassan Salim Rabah attended the seventeenth 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. Mr. Francesco Paolo Fulci, Mrs. Esther Margaret Queen Mokhuane and Mrs. Marilia Sardenberg were not able to attend the session in its entirety.

5.         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.

6.         The following specialized agencies were also represented at the session: International Labour Organization, International Monetary Fund, UNAIDS, World Health Organization.

7.         Representatives of the International Committee of the Red Cross also attended the session.

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

General consultative status

International Alliance of Women, International Council of Women, International Movement ATD Fourth World, International Save the Children Alliance, Zonta International.

Special consultative status

Coalition against Trafficking in Women, Defence for Children International, International Association of Juvenile and Family Court Magistrates, International Catholic Child Bureau, International Federation of Social Workers, International Federation Terre des Hommes, International Federation of Women in Legal Careers, International Service for Human Rights, Women's World Summit Foundation, World Federation of Methodist and Uniting Church Women, World Union of Catholic Women's Organizations.

Roster

World Organization against Torture.

Others

Associated Country Women of the World, Association François-Xavier Bagnoud, Children's Forum, Children's Rights Alliance, Children's Rights Office, ECPAT International, Epoch Worldwide, Federation for the Protection of Children's Rights, International Bureau for Children's Rights, International Council of Jewish Women, Irish Society for the

Prevention of Cruelty to Children, National Coalition, NGO Group for the Convention on the Rights of the Child, Rädda Barnen, World Association of Girl Guides and Girl Scouts.

D. Agenda

9.         At its 427th meeting, on 5 January 1998, the Committee adopted the following provisional agenda.

1.Adoption of the agenda

2.Organizational and other matters

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

4.Consideration of reports of States parties

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

            6.         Methods of work of the Committee

            7.         Future meetings of the Committee

8.Other matters

            9.         Biennial report of the Committee on its activities

                                                E. Meeting with the High Commissioner

                                                    for Human Rights

10.       At the 428th meeting, on 6 January 1998, the High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the Committee.

11.       In her statement, the High Commissioner stressed the importance of 1998 as the year of the Fiftieth Anniversary of the Universal Declaration of Human Rights and the Five-Year Implementation Review of the Vienna Declaration and Programme of Action, and indicated that the protection of children must be central to such activities. She recalled that violations of the rights of the child were still widespread, and that high priority would continue to be needed to deal with the problems of children in especially difficult circumstances, notably victims of sale, sexual exploitation and child labour, as well as to the special disadvantages affecting the girl child. She also stated that activities undertaken in the framework of the Plan of Action for the Implementation of the Convention strengthened the potential to develop cooperation with partners from within and outside the United Nations. She referred to the impact the Convention has had on the activities and programmes of various agencies and programmes, a number of which had adopted a “rights of the child approach” and stressed the invaluable advice and support of the Committee in this respect.

F. Presessional working group

12.       In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 13 to 17 October 1997. All members except Mr. Francesco Paolo Fulci, Mrs. Esther Margaret Queen Mokhuane, Mrs. Nafsiah Mboi 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.

13.       The purpose of the presessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States. It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

14.       The presessional working group held 9 meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of six countries: Ireland, Japan, the Libyan Arab Jamahiriya, Maldives, the Federated States of Micronesia and Sierra Leone. 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 8 December 1997.

G. Organization of work

15.       The Committee considered the organization of work at its 427th meeting, on 5 January 1998. The Committee had before it the draft programme of work for the sixteenth session, prepared by the SecretaryGeneral in consultation with the Chairperson of the Committee, and the report of the Committee on its sixteenth session (CRC/C/69).

H. Future regular meetings

16.       The Committee noted that its eighteenth session would take place from 18 May to 5 June 1998 and its pre-sessional working group would meet from 26 to 30 January 1998.

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

A. Submission of reports

17.       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) and 1998 (CRC/C/70);

            (b)       Note by the SecretaryGeneral on the States parties to the Convention and the status of submission of reports (CRC/C/72);

            (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.9);

            (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.8).

The Committee was informed that, in addition to the four reports that were scheduled for consideration by the Committee at its present session (see paragraph 24 below) and those which had been received prior to the Committee's sixteenth session (see CRC/C/69, para. 16), the SecretaryGeneral had received the initial reports of South Africa (CRC/C/5/Add.1), Iran, Islamic Republic of (CRC/C/41/Add.5), Cambodia (CRC/C/11/Add.16) and Malta (CRC/C/3/Add.56) and the second periodic reports of Nicaragua (CRC/C/65/Add.4), Russian Federation (CRC/C/65/Add.5), Mexico (CRC/C/65/Add.6) and Costa Rica (CRC/C/65/Add.7). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

18.       A list of initial reports considered by the Committee as of 23 January 1998, as well as a provisional list of initial reports scheduled for consideration at the Committee's eighteenth and nineteenth sessions, are contained in annexes V and VI respectively.

19.       As at 23 January 1998, the Committee had received 113 initial and 8 periodic reports. A total of 82 reports have been examined by the Committee.

20.       By a note verbale dated 3 October 1997, the Permanent Mission of Yemen to the United Nations Office at Geneva transmitted a progress report in accordance with the recommendation made by the Committee in the concluding observations (CRC/C/15/Add.47) it had adopted at its eleventh session upon consideration of the initial report of Yemen (CRC/C/8/Add.20).

21.       By a note verbale dated 24 December 1997, the Permanent Mission of the People's Republic of China to the United Nations Office at Geneva transmitted additional information submitted in accordance with the recommendations made by the Committee in the concluding observations (CRC/C/15/Add.56) it had adopted at its twelfth session upon consideration of the initial report of China (CRC/C/11/Add.7).

22.       The Committee took note of the letter dated 10 October 1997 from the Chargé d'affaires a.i. of Cuba to the United Nations addressed to the SecretaryGeneral transmitting the views of the Government of the Republic of Cuba concerning the observations of the Committee on the Rights of the Child on Cuba's initial report (A/C.3/52/3).

B. Consideration of reports

23.       At its seventeenth session, the Committee examined initial reports submitted by three States parties under article 44 of the Convention. It devoted 8 of its 27 meetings to the consideration of reports (see CRC/C/SR.432434, 436438 and 440441).

24.       The following reports, listed in the order in which they were received by the SecretaryGeneral, were before the Committee at its seventeenth session: Maldives (CRC/C/8/Add.33 and Add.37), Libyan Arab Jamahiriya (CRC/C/28/Add.6), Ireland (CRC/C/11/Add.12) and the Federated States of Micronesia (CRC/C/28/Add.5).

25.       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.

26.       In view of the fact that no representative of the Government of Maldives attended the session, the consideration of the initial report of the Maldives, which was originally scheduled for the seventeenth session, was postponed until the eighteenth session, during which the Committee would consider the report even in the absence of a delegation from the Maldives (see also Chapter I, recommendation 1 above).

27.       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.

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

Concluding observations of the Committee on the

Rights of the Child: Libyan Arab Jamahiriya

29.       The Committee considered the initial report of the Libyan Arab Jamahiriya (CRC/C/28/Add.6) at its 432nd to 434th meetings (CRC/C/SR.432434) on 8 and 9 January 1998, and adopted* the following concluding observations:

A. Introduction

30.       The Committee expresses its appreciation to the State party for its report, which has been prepared in conformity with the Committee's guidelines, and for the submission of written replies to its list of issues (CRC/C/Q/LIBYA.1). The Committee notes the constructive dialogue it had with the delegation of the State party, and the replies it received from the delegation during the dialogue. The Committee also notes the supplementary information provided by the delegation during the consideration of the report.

            *          At the 453rd meeting, held on 23 January 1998.

B. Positive aspects

31.       The Committee welcomes the fact that the Convention is selfexecuting and that its provisions may be invoked before the courts in the State party.

32.       The Committee notes with satisfaction the range of services provided by the State party, especially in the fields of health and education. The Committee particularly notes that education is free of charge and that primary school attendance is nearly universal. The Committee also notes with satisfaction that health services are free for all children, breastfeeding has reached the level of 91 per cent, and that a range of specialized services and facilities exist for persons with disabilities, including children.

                                    C. Factors and difficulties impeding the implementation

                                        of the Convention

33.       In light of General Comment No. 8 adopted by the Committee on Economic, Social and Cultural Rights (1997), the Committee notes that the imposition by the Security Council of an aerial embargo on the State party has adversely affected the economy and many aspects of the daily life of its citizens, thereby impeding the full enjoyment by the State party's population, including children, of their rights to health and education.

D. Principal subjects of concern

34.       The Committee is concerned that domestic legislation is not in full conformity with the principles and provisions of the Convention.

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

36.       The Committee acknowledges that efforts have been made by the State party to promote awareness of the provisions of the Convention in schools. The Committee remains concerned, however, 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 professionals working with and for children appears to be insufficient and unsystematic.

37.       The Committee is concerned that no adequate measures have been taken for the development of indicators and 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 monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children. The Committee is particularly concerned over the absence of data on adolescent health, including on teenage pregnancy, abortion, suicide, violence and abuse.

38.       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 article 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 judicial decisions, as well as in its policies and programmes relevant to children. While noting the existence of mechanisms to register and address complaints, the Committee is concerned at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the law.

39.       The Committee regrets that the Great Green Document and Human Rights, promulgated by the General People's Congress, does not include an express prohibition of discrimination on the basis of language, national ethnic or social origin, property, disability and birth status. The Committee is especially concerned at discrimination against children of migrant workers and noncitizens, and children born out of wedlock. The Committee is also concerned that although the Great Green Document on human Rights prohibits discrimination on the basis of sex, there are still disparities in legislation and practice, in particular with regard to inheritance rights. The Committee is further concerned that in the light of Libyan legislation regarding citizenship, decisions related to the acquisition of nationality are based only on the status of the father.

40.       In the light of articles 2 and 3 of the Convention, the Committee is concerned at the continued use of the term “illegitimate children”, to refer to children born out of wedlock, in administrative instructions and regulations by the State party, which could lead to discriminatory practices against these children.

41.       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.

42.       The Committee expresses its concern about the lack of prohibition in local legislation of the use of corporal punishment, however light, at home. In the view of the Committee, this contravenes the principles and provisions of the convention.

43.       The Committee is concerned by the existence of child abuse and violence within the family.

44.       While noting improvements in the overall nutritional status of children in the State party, the Committee notes with concern that diarrhoea and chronic undernutrition or stunting in children under the age of five are still widespread.

45.       The Committee is concerned at the situation of the administration of juvenile justice and in particular its compatibility with articles 37 and 40 of the Convention, as well as other relevant United Nations standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

E. Suggestions and recommendations

46.       The Committee recommends that the State party review its legislation with the aim of reforming it so that it conforms fully with the Convention. The Committee suggests that the State party consider enacting a children's code. The Committee recommends specifically that the legislation explicitly prohibit discrimination on any grounds, including language, national, ethnic or social origin, property, disability and birth status. The Committee also recommends that domestic legislation be reformed to guarantee the right to a nationality to every child in the light of article 7 of the Convention.

47.       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 as well as between the ministries, and that greater efforts be made to ensure closer cooperation with nongovernmental organizations (NGOs) working in the field of human and children's rights.

48.       The Committee recommends that the State party consider designing and implementing a special plan of action for children reflecting a comprehensive approach to children's rights and incorporating all aspects and provisions of the Convention.

49.       The Committee recommends that greater efforts be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike. 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, law enforcement personnel, teachers, school administrators, health personnel, social workers, officials of central or local administrations, personnel of childcare institutions, the mass media, and the public at large. The Committee suggests that the State party incorporate the Convention in school and university curricula. The Committee also suggests that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF for organizing such training and curricula reform.

50.       The Committee 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, including those who are victims of abuse or illtreatment, child workers, children involved with the administration of juvenile justice, the girl child, children of singleparent families and children born out of wedlock, abandoned, institutionalized and with disabilities. Adequate disaggregated data should be gathered and analysed in order to assess progress achieved in the realization of children's rights and to help in defining policies 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 seeking technical assistance from, inter alia, UNICEF and ILO.

51.       The Committee recommends that the State party consider the introduction of a number of policies and programmes that guarantee implementation of the existing legislation through adequate services, remedies and rehabilitation programmes. The Committee also recommends that the State party consider the establishment of an independent body for monitoring the implementation of the Convention.

52.       The Committee recommends that the State party abolish the use of the term “illegitimate children” in its legislation, policies, programmes, regulations and administrative instructions.

53.       The Committee further recommends that, in light of article 2 of the Convention, adequate measures be taken to ensure the protection and enjoyment of rights by noncitizens who are under the jurisdiction of the State party.

54.       The Committee recommends that further studies be conducted in relation to the widespread chronic malnutrition or stunting and diarrhoea. Such research would help guide policies and programmes to reduce the occurrence of stunting. The Committee suggests that the State party consider seeking technical assistance from, inter alia, UNICEF and WHO in this regard.

55.       In the light of article 44 (4) of the Convention, the Committee requests the State party to provide it with further information the legislation that excuses the perpetrator of the crime of rape from penal prosecution if he is prepared to marry the victim. In the Committee's view this could interfere with the victim's free will and could lead to early marriage.

56.       The Committee notes with satisfaction the availability of facilities and services for persons with disabilities, including children. The Committee recommends that the State party enhance the approach by which disabled children are included in mainstream facilities and their natural environment, while still receiving specialized programmes and facilities as needed. The Committee draws the attention of the State party to the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993).

57.       The Committee suggests that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at home. The Committee also suggests that awarenessraising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention. The Committee recommends that cases of abuse and illtreatment of children, including rape and sexual abuse within the family, are properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, with due regard given to protecting the right to privacy of the child. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, illtreatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.

58.       The Committee recommends the State party undertake research on the issue of domestic violence and child abuse which identifies the extent of the problem and provides socioeconomic background information and analysis on the families facing these problems.

59.       The Committee recommends that the State party envisage taking further steps to reform the system of juvenile justice in the spirit of the Convention, in particular articles 37, 40 and 39, and of other United Nations standards in the field, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Particular attention should be paid to considering deprivation of liberty only as a measure of last resort and for the shortest possible period of time, to the protection of the rights of children derived of their liberty, to due process of law and to the full independence and impartiality of the judiciary. Training programmes on relevant international standards should be organized for all those professionals involved with the system of juvenile justice. the Committee suggests that the State party consider seeking technical assistance from, inter alia, the Office of the High Commissioner for human Rights, the United Nations Centre for International Crime Prevention and UNICEF.

60.       In order to ensure that all refugee children or children seeking refugee status enjoy their rights under the Convention, the Committee recommends that the State party consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 protocol, as well as the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

61.       The Committee recommends that research be carried out on the situation of child labour in the State party, including the involvement of children in hazardous work, to identify its causes and the extent of the problem.

62.       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 and the general public, including concerned NGOs.

Concluding observations of the Committee on the

Rights of the Child: Ireland

63.       The Committee considered the initial report of Ireland (CRC/C/11/Add.12) at its 436th to 438th meetings (CRC/C/SR.436.438), on 12 and 13 January 1998, and adopted* the following concluding observations:

            *          At the 453 meeting, held on 23 January 1998.

A. Introduction

64.       The Committee expresses its appreciation to the State party for its comprehensive report, which has been prepared in conformity with the Committee's guidelines and for the submission of written replies to its list of issues, which were communicated to it before the session, as well as the detailed additional information provided during the course of the discussion, which enable the Committee to assess the situation of the rights of the child in Ireland. The Committee further welcomes the constructive, frank and open dialogue with the delegation of the State party.

B. Positive aspects

65.       The Committee appreciates the State party's commitment to adopting further measures for the implementation of the rights of the child as recognized in the Convention. The Committee notes with satisfaction the welfare services established for the benefit of the children and their families. the Committee also appreciates the high level of education and advance health system established in the State party.

66.       The Committee notes the recent efforts undertaken by the State party in the filed of law reform. The Committee welcomes the planned constitutional revision for the incorporation of the principles and provisions of the Convention. The Committee also welcomes the enactment of the Child Care Act of 1991 and its amended version of 1997, the Family Law Act of 1995, the Domestic Violence Act of 1996, the Family Law (Divorce) Act of 1996 and the drafting of the Education and Adoption Bills.

67.       The Committee commends the numerous efforts and concrete measures taken by the State party to protect children from sexual exploitation, including sex tourism. The Committee also especially welcomes the enactment of the Sexual Offences (Jurisdiction) Act of 1996 and the drafting of the Child Trafficking and Pornography Bill of 1997, which, inter alia, awards jurisdiction to domestic courts to prosecute citizens and/or residents who engaged in child sex tourism abroad as well as those who organize and publicize child sex tourism in the State party.

C. Principal subjects of concern

68.       The Committee regrets that the State party's approach to the rights of the child appears to be somewhat fragmented, as there is no comprehensive national policy which fully incorporates the principles and provisions of the Convention, encompassing all the areas covered by the Convention.

69.       The Committee is also concerned that the welfare policies and practices prevailing in the State party do not adequately reflect the child rightsbased approach enshrined in the Convention. In addition, the Committee is concerned that not enough emphasis is placed on measures of a preventive nature.

70.       While noting the establishment of various government bodies responsible for the welfare of children at the national and local levels, the Committee regrets the lack of adequate coordination among these bodies in promoting and protecting the rights of the child.

71.       While the Committee welcomes the decision to establish a Social Services Inspectorate as supervising mechanism, it remains concerned about the lack of an independent monitoring mechanism such as an Ombudsperson or a Child Rights Commissioner who would be accessible to children and would deal with complaints of violations of their rights and provide remedies.

72.       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 selection and development of indicators to monitor the implementation of the principles and provisions of the Convention. 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.

73.       The Committee is of the view that insufficient steps have been taken to promote widespread awareness of the Convention, and remains concerned at the lack of adequate and systematic training on the principles and provisions of the Convention for professional groups working with and for children, such as judges, lawyers, law enforcement personnel, including police officers, health professionals, teachers, social workers, community workers and personnel working in institutions for children.

74.       Although the Committee welcomes the willingness of the State party to collaborate with nongovernmental organizations, it is of concern that the potential of the nongovernmental sector in contributing to the development of children rights policy is not fully realized.

75.       In relation to the definition of the child (article 1 of the Convention), the Committee is concerned at the various low agelimits set in the domestic legislation of the State party.

76.       With respect to the principle of nondiscrimination (article 2 of the Convention) the Committee is concerned by the disparities with regard to access to education and health services. While recognizing the steps already taken, the Committee notes with concern the difficulties still faced by children from vulnerable and disadvantaged groups, including children belonging to the Traveller community, children from poor families and refugee children, as to the enjoyment of their fundamental rights, including access to education, housing and health services.

77.       Regarding the implementation of article 12 of the Convention, the Committee is concerned that the views of the child are not generally taken into account, including within the family, at schools and in society. The Committee is also concerned that procedures for hearing children are not fully considered in the legislation.

78.       The Committee is concerned about the lack of prohibition in legislation of corporal punishment within the family. In the view of the Committee, this contravenes the principles and provisions of the Convention. The Committee is also concerned about the existence of child abuse and violence within the family and the lack of mandatory reporting mechanisms for cases of child abuse.

79.       The Committee is concerned about the disadvantaged situation of children born of unmarried parents due to the lack of appropriate procedures to name the father in the birth registration of the child. This also has an adverse impact on the implementation of other rights in relation to adoption which, under current regulations, can take place without the consent of the father. The Committee is further concerned about the lack of guarantees for the child to maintain contact with both parents after divorce.

80.       The Committee is concerned about the low rate of breastfeeding in the State party and the lack of awareness of its positive impact on children's health.

81.       The Committee is concerned about the incidence of teenage suicide. The Committee is also concerned at the lack of adequate programmes addressing adolescent healthrelated problems, such as drug and alcohol abuse and early pregnancies.

82.       The Committee is concerned about the lack of a national policy to ensure the rights of children with disabilities and the lack of adequate programmes and services addressing the mental health of children and their families.

83.       While acknowledging the existence of a National AntiPoverty Strategy, the Committee is particularly concerned about the incidence of child poverty and homeless children in the State party and encourages it to strengthen measures and programmes for the protection of the rights of the most vulnerable children.

84.       The Committee is concerned about the situation of children who are excluded from schools because of sanctions imposed by teachers and the adverse effect generated which may sometimes impact on dropout rates and school attendance.

85.       The Committee is concerned about the low age of criminal responsibility and the treatment of children deprived of their liberty, particularly in light of the principles and provisions of the Convention and other relevant international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

E. Suggestions and recommendations

86.       The Committee recommends that the State party take all appropriate measures to accelerate the implementation of the recommendations of the Constitutional Review Group for the inclusion of all the principles and provisions of the Convention and the implementation of the Child Care Act of 1997, thereby reinforcing the status of the child as a full subject of rights.

87.       In view of the fact that the Convention can only be referred to before the courts as a means of interpretation of national legislation, the Committee recommends that the State party take further steps to ensure that the Convention is fully incorporated as part of the domestic law, taking due account of its general principles as defined in article 2 (nondiscrimination), article 3 (best interests of the child), article 6 (right to life, survival and development) and article 12 (respect for the views of the child).

88.       The Committee encourages the State party to consider ratifying the International Convention against All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.

89.       The Committee encourages the State party to ensure the full implementation of article 4 of the Convention. In the light of the general principles of the Convention, in particular the best interests of the child, the Committee also emphasizes the need to take immediate steps to tackle the problem of child poverty and to make all possible efforts to ensure that all families have adequate resources and facilities. The Committee also encourages the State party to use the principles and provisions of the Convention as a framework for its programmes of international development assistance.

90.       The Committee suggests that the State party adopt a comprehensive National Strategy for children, incorporating the principles and provisions of the Convention in a systematic manner in the designing of all its policies and programmes.

91.       The Committee, while noting the position of the State party, recommends that it reconsider the establishment of an independent monitoring body, such as an Ombudsperson or a Child Rights Commissioner, to address children's rights violations.

92.       The Committee recommends that coordination between the different government bodies dealing with child rights be strengthened. In this regard, the Committee recommends that the State party concentrate in a single body the mandate to coordinate and make the appropriate decisions to protect the rights of the child.

93.       The Committee recommends that the system of data collection and development of indicators be adjusted to include all children up to the age of 18, 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 monitor and assess progress achieved in the realization of children's rights and to help define policies to be adopted to strengthen the implementation of the provisions of the Convention.

94.       The Committee encourages the State party to continue and strengthen its efforts to develop a closer relationship with nongovernmental organizations (NGOs).

95.       The Committee recommends that the State party promote human rights education in the country and create a wider awareness and understanding of the principles and provisions of the Convention. The Committee also encourages the State party in its current efforts to develop a systematic information campaign on children's rights for children and adults alike. Furthermore, children's rights should be incorporated in the curricula of all educational and pedagogical institutions and comprehensive training programmes on the Convention should be conducted for professional groups working with and for children such as judges, lawyers, law enforcement personnel, including police officers, immigration officers, health professionals, teachers, social and community workers, and personnel working in childcare institutions.

96.       The Committee recommends that the State party strengthen its efforts to ensure that children from vulnerable and disadvantaged groups, including children belonging to the Traveller community, children living in poverty and refugee children, benefit from positive measures aimed at facilitating access to education, housing and health services.

97.       The Committee recommends that the State party systematically promote and facilitate children's participation and respect for their views in decisions and policies affecting them, especially through dialogue in the family, at school and in society, in light of articles 12, 13 and 15 of the Convention.

98.       The Committee recommends that the State party take appropriate measures to establish, as far as possible, procedures for the inclusion of the name of the father on the birth certificates of children born of unmarried parents.

99.       The Committee recommends the State party to implement the World Health Assembly resolution on infant feeding.

100.     The Committee recommends that in light of article 23 of the Convention, the State party should develop programmes to facilitate the active participation in the community of children with disabilities. The Committee also encourages the State party to pursue further efforts to ensure the implementation of integrated mental health programmes and approaches and to make available the necessary resources and assistance for these activities.

101.     The Committee suggests that the State party take all appropriate measures, including of a legislative nature, to prohibit and eliminate the use of corporal punishment within the family. The Committee also suggests that awarenessraising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention. The Committee also believes that cases of abuse and illtreatment of children, including sexual abuse within the family, should be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken, with due regard to the principle of respect for the child's privacy.

102.     The Committee recommends that the State party take all available measures to ensure the prompt enactment of the Children Bill of 1996, especially in relation to the administration of the juvenile justice system, with due regard to the principles and provisions of the Convention and other relevant international standards such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

103.     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 NGOs.

Concluding observations of the Committee on the Rights

of the Child: Federated States of Micronesia

104.     The Committee considered the initial report of the Federated States of Micronesia (CRC/C/28/Add.5) at its 440th to 441st meetings (see CRC/C/SR.440441), held on 14 January 1998 and adopted* the following concluding observations:

A. Introduction

105.     The Committee expresses its appreciation to the State party for the submission of its initial report and its written answers to the list of issues. The Committee is encouraged by the frank, selfcritical and cooperative tone of the report and of the dialogue. The Committee, however, notes with regret that the data in the report were not up to date. The Committee also regrets the fact that some questions remained unanswered. The Committee welcomes the commitment by the delegation to answer those questions in writing.

B. Positive aspects

106.     The Committee takes note of the establishment in 1995 of the President's National Advisory Council for Children (PNACC), together with the Statelevel Advisory Councils for Children.

107.     The Committee notes the draft legislation on sexual abuse and exploitation of children which is presently before Congress.

            *          At the 453rd meeting, held on 23 January 1998.

                                      C.       Factors and difficulties impeding the implementation of the Convention

108.     The Committee takes note of the particular nature of the Federation, its geographical configuration comprising 607 islands, the relatively small population composed of a number of different and isolated communities, as well as the changes in the economic structures.

D. Principal subjects of concern

109.     The Committee is concerned that domestic legislation does not fully conform to the provisions and principles of the Convention. In particular, the Committee is concerned at the absence of legislation regulating child labour providing for a minimum age for employment, the absence of a clear definition of the minimum age for criminal responsibility, the low minimum age for sexual consent, the lack of harmonization between the different ages of sexual consent among the four States, and the lack of legislation on neglect, abuse and sexual exploitation. The Committee is also concerned at the possible conflicts between customary and statutory law, in particular for marriage and adoption.

110.     The Committee is concerned that the National Plan of Action for Children (19952004) is still in draft form.

111.     The Committee is concerned that insufficient attention has been paid to the provisions of article 4 of the Convention concerning budgetary allocations “to the maximum extent of available ... resources and, where needed, within the framework of international cooperation”.

112.     The Committee is concerned at the lack of an operational budget for the President's National Advisory Council for Children, its lack of human resources, and its unclear role in relation to the monitoring of all areas covered by the Convention and in relation to all groups of children.

113.     The Committee is concerned by the disparities between the different States' legislation and practices. The Committee is also concerned by the insufficient coordination between the central level and the four federated States.

114.     The Committee is concerned at the insufficient attention paid to systematic, comprehensive and disaggregated qualitative and quantitative data collection at the national, State and local levels, and to the identification of appropriate indicators and mechanisms to evaluate the progress and the impact of policies and measures adopted for all areas covered by the Convention, especially the most hidden such as child abuse or illtreatment, but also in relation to all groups of children including girl children.

115.     While recognizing the efforts of the State party to disseminate the Convention, the Committee is of the view that insufficient measures have been adopted to promote widespread awareness of the principles and provisions of the Convention for both adults and children. The Committee remains concerned at the lack of adequate and systematic training for professional groups working with and for children.

116.     The Committee is concerned at the lack of conformity of the birth registration system with article 7 of the Convention, as well as the lack of reliability of the death registration system.

117.     The Committee is concerned at the fact that the State party does not appear to have fully taken into account the provisions of the Convention, especially its general principles as contained 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 judicial decisions, and in its policies and programmes relevant to children.

118.     As regards the implementation of article 2, the Committee is particularly concerned at the insufficient measures adopted to ensure the full enjoyment by girl children of the rights recognized in the Convention. The Committee is concerned at the difference between boys and girls with regard to the minimum age of marriage, as well as the possibility for girls to marry at an earlier age than 16. The Committee is also concerned at the existence of a caste system, especially in Yap State, and its incompatibility with the provisions of article 2.

119.     In the light of article 17 of the Convention, the Committee is concerned at the lack of appropriate measures to protect children from harmful effects of the print, electronic and audiovisual media, in particular violence and pornography.

120.     While taking note of the efforts undertaken by the State party, such as the Child Abuse and Neglect Programme (CAN), the Committee is concerned at the insufficient awareness of and the lack of information on illtreatment and abuse, including sexual abuse, both within and outside the family, at the absence of specific laws in all the States and of appropriate resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The lack of rehabilitation measures for such children and their limited access to justice are also matters of concern.

121.     The Committee is concerned that both customary and statutory adoption, including intercountry adoption, do not conform fully with the principles and provisions of the Convention, in particular article 21.

122.     While taking note of the positive results of the joint Chuuk StateUNICEF Vitamin A Deficiency and Vermox (VADV) Programme, the Committee is concerned at the prevalence of malnutrition and vitamin A deficiency in the State party, as well as the limited access to safe water and adequate sanitation. The Committee is also concerned at problems of adolescent health, in particular the high and increasing rate of early pregnancies, the lack of access by teenagers to reproductive health education and services, the insufficient preventive measures on HIV/AIDS, as well as the insufficient sexual education at school. While note is taken of the efforts of the State party, such as the existence in the four States of a telephone hotline, of particular concern are the high rate of suicides among teenagers and the insufficiency of financial and human resources for its prevention. While taking note of such efforts of the State party as school and communitybased education programmes, the Committee is concerned at the incidence of drug and alcohol abuse among youth, the insufficient legal framework, as well as the insufficient social and medical programmes or services to tackle those issues.

123.     In the light of article 29, paragraph 1 of the Convention, the Committee is concerned that the school curriculum does not include education on the rights of the child. The insufficient leisure opportunities are also a matter of concern.

124.     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 United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, is a matter of concern to the Committee. In particular, the Committee is concerned at the absence of a clear definition for minimum age of criminal responsibility, as well as the apparent absence of special legal procedures for juvenile offenders.

E. Suggestions and recommendations

125.     The Committee recommends that the State party initiate a comprehensive review of existing legislation, both at the national and the State level, with a view to undertaking adequate legislative reforms to ensure full conformity of its legislation with the principles and provisions of the Convention. The Committee recommends that all appropriate measures be undertaken by the State party, including awarenessraising campaigns, to harmonize customary practices and law, such as those pertaining to marriage and adoption, with the principles and provisions of the Convention. In case of conflict between customary and statutory law, the principles of nondiscrimination (article 2) and of the best interests of the child (article 3) should be the primary considerations. The Committee also suggests that the State party envisage the adoption of a specific code or legislation for children and adolescents, with a separate section on children who need special protection. International cooperation with, inter alia, the Office of the High Commissioner for Human Rights and UNICEF can be sought to this effect.

126.     The Committee recommends that the National Plan of Action be enacted.