UNITED NATIONS |
CRC |
COMMITTEE ON THE RIGHTS OF THE CHILD
Report on the nineteenth session
(Geneva, 21 September9 October 1998)
CONTENTS
Chapter Paragraphs Page
RECOMMENDATION ADOPTED BY THE COMMITTEE ON
THE RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Children in armed conflicts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
I. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . 1 13 5
A. States parties to the Convention. . . . . . . . . . . . . . . . . . 1 2 5
B. Opening and duration of the session. . . . . . . . . . . . . . . 3 5
C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . . 4 7 5
D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6
E. Presessional working group. . . . . . . . . . . . . . . . . . . . . . . 9 11 6
F. Organization of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7
G. Future regular meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7
II. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF
THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 184 7
A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 7
B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . 18 23 8
Concluding observations: Ecuador . . . . . . . . . . . . . . . 24 57 9
Concluding observations: Iraq. . . . . . . . . . . . . . . . . . . 58 87 15
Concluding observations: Bolivia. . . . . . . . . . . . . . . . 88 118 22
Concluding observations: Kuwait. . . . . . . . . . . . . . . . . 119 151 28
Concluding observations: Thailand. . . . . . . . . . . . . . . 152 184 35
GE.9819555 (E)
CONTENTS (continued)
Chapter Paragraphs Page
III. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE. . . 185 248 43
A. Review of developments relevant to the
work of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 194 43
B. Cooperation with United Nations and other
competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 209 46
C. General discussion on children living in a
world with HIV/AIDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 243 50
D. Followup to the day of general discussion
on children with disabilities. . . . . . . . . . . . . . . . . . . . 244 247 61
IV. DRAFT PROVISIONAL AGENDA FOR THE
TWENTIETH SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 62
V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 63
Annexes
I. States which have ratified or acceded to the
Convention on the Rights of the Child as
at 9 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
II. Membership of the Committee on the Rights of the
Child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
III. Status of submission of reports by States parties
under article 44 of the Convention on the Rights
of the Child as at 9 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
IV. List of initial reports considered by the Committee
on the Rights of the Child as at 9 October 1998. . . . . . . . . . . . . . . . . . 83
V. Provisional list of reports scheduled for
consideration at the Committee's
twentieth and twentyfirst sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
VI. List of background papers, documents and
contributions submitted for the general discussion
on the rights of children living in a world with
HIV/AIDS, held on 5 October 1998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
VII. List of documents issued for the
nineteenth session of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
RECOMMENDATION ADOPTED BY THE COMMITTEE ON THE RIGHTS OF THE CHILD
Children in armed conflicts
The Committee on the Rights of the Child,
Recalling that at its second session, in 1992, the Committee devoted one day to a general discussion on the topic “Children in armed conflict” at which the relevance and adequacy of existing standards were discussed,
Noting the similarity of the conclusions on the negative effects of armed conflict on children reached by the expert of the Secretary-General in her 1996 study entitled “The impact of armed conflict on children” (A/51/306 and Add.1) and by the Special Representative of the Secretary-General on the impact of armed conflict on children,
Recalling that at its third session it prepared a preliminary draft optional protocol to the Convention on the Rights of the Child (E/CN.4/1994/91, annex), which it submitted to the Commission on Human Rights at its fiftieth session,
Having welcomed the subsequent decision of the Commission on Human Rights, as contained in its resolution 1994/91, to establish an openended intersessional working group to elaborate, as a matter of priority, a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict,
Noting that the working group has met yearly since 1995 and that it was unable at its fourth session, held in February 1998, to reach agreement on the draft text which could be adopted by consensus,
Welcoming Commission resolution 1998/76 and the request to the Secretary-General to invite the Committee, inter alia, to submit comments and suggestions on the report of the working group,
Reiterating its growing alarm, upon its examination of a large number of reports of States parties on their implementation of the Convention on the Rights of the Child, at the deeply tragic consequences of the involvement of children in armed conflict,
1. Expresses its concern at the delays experienced in the process of drafting and adopting the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;
2. Recalls that the function of optional protocols is to promote the progressive development of international law by enabling those States that are willing to adopt more demanding standards to do so;
3. Reaffirms its belief that this new legal instrument is urgently needed in order to strengthen the levels of protection ensured by the Convention;
4. Stresses the special responsibility of States parties to the Convention on the Rights of the Child in the search for the most protective solutions, guided by the best interests of the child;
5. Recalls its major recommendation on the fundamental importance of raising the age of all forms of recruitment of children into the armed forces to 18 years and the prohibition of their involvement in hostilities;
6. Also recalls that adoption of the optional protocol will provide an opportunity for States parties that are in a position to do so, and them alone, to accept its provisions by ratification or adherence;
7. Expresses the hope that States that are not yet in a position to accept the eighteenyear age limit will not prevent the adoption of the optional protocol by other Government;
8. Invites States parties to make every effort to facilitate the adoption of the optional protocol on the involvement of children in armed conflict before the tenth anniversary of the adoption of the Convention on the Rights of the Child.
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 9 October 1998, the closing date of the nineteenth 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 nineteenth session at the United Nations Office in Geneva from 21 September to 9 October 1998. The Committee held 28 meetings (478th to 505th). An account of the Committee's deliberations at its nineteenth session is contained in the relevant summary records (CRC/C/SR.478490, 493495, 497498, 450 and 454).
C. Membership and attendance
4. All the members of the Committee attended the nineteenth 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 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, Office of the United Nations High Commissioner for Refugees.
6. The following specialized agencies were also represented at the session: International Labour Organization, UNAIDS, World Health Organization.
7. 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
Coalition against Trafficking in Women, Defence for Children International, International Federation of Social Workers, International Confederation of Free Trade Unions, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service from Human Rights, World Federation of Methodist and Uniting Church Women, World Organization Against Torture.
Others
Federation for the Protection of Children's Human Rights, International Baby Food Action Network, NGO Group for the Convention on the Rights of the Child, NGO Working Group on Nutrition.
D. Agenda
8. At its 478th meeting, on 21 September 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. General discussion on “Children living in a world with HIV/AIDS”.
6. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.
7. Methods of work of the Committee.
8. Future meetings of the Committee.
9. Other matters.
E. Presessional working group
9. In accordance with a decision of the Committee at its first session, a presessional working group met in Geneva from 8 to 12 June 1998. All the members, except Mr. Francesco Paolo Fulci, Mrs. Esther Margaret Queenie Mokhuane and Mr. Ghassan Salim Rabah, 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, 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 presessional working group.
10. The purpose of the presessional 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.
11. Members of the Committee elected Mrs. Nafsiah Mboi to chair that the presessional working group. The latter held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of four countries: Austria, Barbados, Belize and Kuwait, and the second periodic reports of two countries: Bolivia and Sweden. 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 2 September 1998.
F. Organization of work
12. The Committee considered the organization of work at its 478th meeting, on 30 September 1998. The Committee had before it the draft programme of work for the eighteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its eighteenth session (CRC/C/79).
G. Future regular meetings
13. The Committee noted that its twentieth session would take place from 11 to 29 January 1999 and its presessional working group would meet from 1 to 5 February 1999.
II. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION
A. Submission of reports
14. 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), 1998 (CRC/C/61) and 1999 (CRC/C/78); 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/77);
(c) Note by the Secretary-General on the followup to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.10);
(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.10).
15. The Committee was informed that, in addition to the five reports that were scheduled for consideration by the Committee at its current session (see paragraph 18 below) and those which had been received prior to the Committee's eighteenth session (see CRC/C/79, para. 17), the Secretary-General had received the initial reports of Lesotho (CRC/C/11/Add.20), and Lithuania (CRC/C/11/Add.21), and the second periodic reports of Colombia (CRC/C/70/Add.5), Denmark (CRC/C/70/Add.6), Egypt (CRC/C/65/Add.9), Finland (CRC/C/70/Add.30), Jordan (CRC/C/70/Add.4) and Norway (CRC/C/70/Add.2). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.
16. A list of initial reports considered by the Committee as of 21 September 1998, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twentieth and twentyfirst sessions, are contained in annexes IV and V respectively.
17. As at 21 September 1998, the Committee had received 126 initial and 15 periodic reports. A total of 88 reports have been examined by the Committee.
B. Consideration of reports
18. At its nineteenth session, the Committee examined initial reports submitted by five States parties under article 44 of the Convention. It devoted 15 of its 28 meetings to the consideration of reports (see CRC/C/SR.479490, 493495).
19. The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its nineteenth session: Ecuador (CRC/C/3/Add.44), Iraq (CRC/C/41/Add.3), Bolivia (CRC/C/65/Add.1), Thailand (CRC/C/11/Add.13) and Kuwait (CRC/C/8/Add.35).
20. By a letter dated 28 August 1998, the State Secretary for Social Security of Sweden requested that the consideration of the second periodic report of Sweden (CRC/C/65/Add.3), which had been scheduled for the nineteenth session, be postponed, on account of the Swedish general elections in September. The Committee agreed to postpone the consideration of that report until its next session.
21. In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined.
22. The following sections, arranged on a countrybycountry 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 followup.
23. 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: Ecuador
24. The Committee considered the initial report of Ecuador (CRC/C/3/Add.44) at its 479th to 481st meetings (see CRC/C/SR.479481), held on 22 and 23 September 1998, and adopted the following concluding observations.
A. Introduction
25. The Committee welcomes the submission of the initial report of the State party. Though the report was constructive and comprehensive, the Committee regrets that it did not strictly follow the guidelines. The Committee also takes note of the written replies to the list of issues (CRC/C/Q/ECU/1) and the additional information provided to it in the course of the dialogue, which enabled it to assess the situation of the rights of the child in the State party. The Committee welcomes the frank, selfcritical and cooperative tone of the dialogue the State party's delegation undertook with the Committee. However, it regrets the absence of a delegation from the capital, directly involved in the implementation of the Convention in the State party.
B. Positive aspects
26. The Committee welcomes the recent adoption by the State party of a National Plan for Human Rights (March 1998) and welcomes the expanded provisions for the protection of human rights, including the promotion and protection of the rights of the child.
27. The Committee notes with appreciation the enactment of the new Constitution (August 1998), which includes provisions for the promotion and protection of human rights, including the rights of the child.
28. The Committee welcomes the measures taken by the State party to include the teaching of the Convention in the school curricula and for the establishment of bilingual education programmes for indigenous children.
29. The Committee notes with appreciation the establishment of the “Alcaldes Defensores de los Niños” programme (City Mayors for the Defence of Children).
30. The Committee welcomes the implementation of international cooperation programmes to facilitate the full implementation of the Convention on the Rights of the Child, especially in the field of human rights training. Additionally, it welcomes the willingness of the State party to engage in further technical cooperation in the field of the right to development.
31. The Committee also welcomes the accession (1995) of the State party to The Hague Convention of 1993 on the Protection of Children and cooperation in Respect of Intercoutnry Adoption and to ILO Convention No. 169 concerning Indigenous and Tribal Peoples.
C. Factors and difficulties impeding the implementation of the Convention
32. The Committee notes that natural disasters, in particular the climatological phenomenon known as “El Niño”, have had a negative impact on the most vulnerable sectors of the population, including children, especially owing to the damage caused in the agriculture sector and to infrastructure.
33. The Committee also notes the negative impact on children of economic factors such as structural adjustment and external debt.
34. The Committee notes that widespread poverty, longstanding socioeconomic disparities and uneven land distribution within the State party affect the most vulnerable groups, including children, and hamper the enjoyment of the rights of the child in the State party.
D. Principal subjects of concern and Committee recommendations
35. While the Committee notes the enactment of the Children's Code (1992) and of the recent constitutional reform, it remains concerned that disparities still exist between the principles and provisions of the Convention and domestic legislation. The Committee recommends that the State party take all appropriate measures to facilitate the process of full harmonization of domestic legislation with the principles and provisions of the Convention, especially taking into account the holistic nature of this treaty.
36. The Committee expresses its concern at the lack of adequate coordination between various governmental entities dealing with children's issues, both at the national and local levels. The Committee recommends that the State party take further steps to reinforce, within the framework of the National Plan for Human Rights, the existing coordinating mechanisms (for example, the National Commission for Children (CONAME)), including at the municipal level, in order to strengthen coordination between the various governmental bodies involved in children's rights. Greater efforts should be made to ensure closer cooperation with non-governmental organizations working in the field of human rights, in particular the rights of the child.
37. The Committee is concerned about the absence of an adequate, systematic, comprehensive and disaggregated data collection mechanism for all areas covered by the Convention, especially addressing the most vulnerable groups of children, including children born out of wedlock, children belonging to indigenous groups, AfroEcuadorean children, children living in institutional care, children living and/or working on the streets, girl children and children living in rural areas. It recommends that the State party develop a comprehensive system for collecting disaggregated data, in order to gather all necessary information on the situation of children in the various areas covered by the Convention, including children belonging to vulnerable groups, as a basis for assessing progress achieved in the realization of children's rights and to help design policies for better implementation of the provisions of the Convention. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF.
38. The Committee expresses its concern regarding recent budget cuts which have had a negative impact on the provision of social programmes, especially those relating to children. The Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention and to ensure the appropriate distribution of resources at the local and central levels. Budgetary allocations for the implementation of economic, social and cultural rights should be ensured to the maximum extent of available resources and, where needed, within the framework of international cooperation, as well as in the light of the principles of nondiscrimination and the best interests of the child (arts. 2 and 3 of the Convention). The Committee also recommends that the State party take all available measures for the full implementation and systematic monitoring of the National Plan of Action for Children.
39. While recognizing the efforts of the State party to disseminate the Convention and to train professionals working for and with children on the provisions and principles of the Convention, as well as to translate the Convention into the Quechua and Shuar languages, the Committee is of the view that these measures need to be reinforced. The Committee also remains concerned at the lack of adequate and systematic training for professional groups working with and for children. It encourages the State party to strengthen its efforts to disseminate the principles and provisions of the Convention as a measure to sensitize society about children's rights. Furthermore, training on the Convention should be conducted for professional groups, such as judges, lawyers, law enforcement and army officials, civil servants, teachers, personnel working in institutions and places of detention for children, health personnel, including psychologists, and social workers. Dissemination of the provisions and principles of the Convention to nongovernmental organizations, the mass media and the public at large including children themselves should be enhanced.
40. With regard to the implementation of article 1 and related articles of the Convention regarding the definition of the child, the Committee is concerned about the disparities existing in domestic legislation. The Committee is also concerned at the use of the biological criterion of puberty to set different ages of maturity for boys and girls. This practice is contrary to the principles and provisions of the Convention and constitutes a form of genderbased discrimination which affects the enjoyment of all rights. The Committee recommends that the State party review its domestic legislation to ensure full conformity with the principles and provisions of the Convention.
41. While acknowledging the measures taken by the State party, the Committee is still concerned at the predominance of discrimination on the basis of ethnic origin, gender, social status and disabilities. The Committee expresses its concern at the increasing disparities between rural and urban areas, as well as at the growing number of the population living in urban poor and marginalized areas. In the light of the general principle of nondiscrimination (art. 2 of the Convention), the Committee recommends that the State party continue taking all available measures to reduce economic and social disparities, including those between rural and urban areas. Measures to prevent discrimination against the most disadvantaged groups of children, including children belonging to indigenous communities, AfroEcuadorean children, girl children, children with disabilities, children born out of wedlock, children in institutional care, and children living and/or working on the streets should be reinforced.
42. The Committee is concerned that the general principles of the best interests of the child (art. 3) and respect for the views of the child (art. 12) are not fully applied and duly integrated into the policies and programmes of the State party. The Committee recommends that further efforts be made to ensure that domestic laws take fully into account the principles of the best interests of the child and respect for the views of the child, and his or her right to participate in the family, at school, in other institutions and in society in general. These principles should also be reflected in all policies, administrative decisions and programmes relating to children.
43. While the Committee takes note of the measures taken by the State party in the area of birth registration, it remains concerned at the lack of awareness and understanding on registration procedures, especially in rural areas. In the light of article 7 of the Convention, the Committee recommends that the State party continue with its efforts to ensure the registration of all children immediately after birth. Furthermore, the Committee encourages the State party to ensure, in cooperation with non-governmental organizations and with the support of intergovernmental organizations, that birth registration procedures are widely known and understood by the population at large.
44. The Committee is deeply concerned at the information provided in the State party's report that “child abuse is a culturally accepted and justified practice”. In this regard, it expresses its concern at the insufficient awareness regarding the harmful consequences of ill-treatment and abuse, including sexual abuse, both within and outside the family. Concern is also expressed at the insufficient resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for such children and their limited access to justice are also matters of concern. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate steps, including setting up social programmes and introducing rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. It suggests that law enforcement should be strengthened with respect to such crimes and that adequate procedures and mechanisms to deal with complaints of child abuse should be developed. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The Committee encourages the State party to consider seeking international cooperation to this effect from, inter alia, UNICEF and international non-governmental organizations.
45. While the Committee notes the State party's efforts to reduce the infant mortality rate and the underfive mortality rate, it is still concerned about the prevalence of malnutrition, high rates of maternal mortality and the limited access to health services in remote rural areas. It suggests that the State party allocate appropriate resources and consider seeking technical assistance, when needed, to reinforce its efforts to make basic healthcare accessible to all children. In particular, concerted efforts are required to combat malnutrition and ensure the adoption and implementation of a national nutritional policy for children. International cooperation for the establishment of programmes such as the WHO/UNICEF “Integrated Management of Childhood Illness” is recommended. In addition, the Committee recommends that breastfeeding be promoted in all health facilities and among the public at large.
46. With regard to adolescent health, the Committee is particularly concerned at the high and increasing rate of teenage pregnancy, the incidence of suicides by girls and insufficient access by teenagers to reproductive health education and counselling services, including outside of schools. The Committee is also concerned at the increasing rate of substance abuse. It suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems as a basis for promoting adolescent health policies and strengthening reproductive health education and counselling services. The Committee also recommends that further efforts be undertaken to develop childfriendly counselling services, as well as care and rehabilitation facilities for adolescents. Measures to prevent and combat substance abuse among adolescents should be strengthened.
47. The Committee expresses its concern at the high incidence of environmental threats, including to the health of children, in particular in oil exploitation areas of the Amazonia region. In the light of article 24 (c) of the Convention, the Committee recommends that the State party take all appropriate measures, including seeking international cooperation, to prevent and combat the damaging effects of environmental degradation, including pollution, on children.
48. With regard to the implementation of article 27 of the Convention, the Committee is concerned about the widespread poverty and deteriorating living conditions affecting the majority of the population in the State party. It recommends that the State party take comprehensive measures to establish poverty alleviation programmes with special emphasis on the access to health-care and education of children, in particular the most vulnerable groups of children.
49. Although the Committee is aware of the State party's achievements in the field of education, it remains concerned at the high drop-out rate between primary and secondary school and the high repetition rate at both levels, at the gender disparities in secondary school enrolment and at disparities in access to education between rural and urban areas. It recommends that the State party strengthen its educational policies and system in order to reduce gender and geographical disparities and to establish retention programmes and vocational training for drop-out students.
50. Though the Committee is aware that the reform of the primary education curricula has included measures to fulfil the rights of the child to leisure and recreational and cultural activities, it remains concerned about the insufficiency of these measures, in particular for children living in urbanpoor and rural areas. In the light of article 31 of the Convention, the
Committee recommends that the State party strengthen its measures to improve children's access to leisure and to recreational and cultural activities, especially for the most vulnerable groups of children.
51. While the Committee acknowledges the State party's policies for the protection of refugees, it remains concerned at the lack of specific provisions in its domestic legislation concerning the rights of asylum seeking and refugee children and the right to family reunification. In the light of article 22 of the Convention, the Committee recommends that the State party undertake appropriate measures to adopt legislation to protect all the rights of asylum seeking and refugee children. Technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) could be requested in this regard.
52. The Committee is concerned at the insufficient measures addressing the issues of child labour and economic exploitation, including domestic labour and sexual exploitation of children. In this regard, the lack of data and research is also a matter of concern to the Committee. The Committee is further concerned at the increasing number of children living and/or working on the streets, who require special attention because of the risks they are exposed to. The Committee recommends that the State party give specific attention to undertaking research on and monitoring the situation of children living and/or working on the streets and those involved in hazardous labour, including domestic service and prostitution. The Committee also recommends that the State party develop national policies on the prevention and the elimination of the most hazardous forms of child labour. The Committee suggests that the State party consider seeking technical assistance from ILO in this area. In addition, the Committee encourages the State party to consider ratifying ILO Convention No. 138 concerning minimum age for admission to employment.
53. While the Committee takes note of the State party's efforts to combat the trafficking and sale of children, it remains concerned about the lack of preventive measures in this area. Concerning the trafficking of boys and girls into neighbouring countries for work, including prostitution,
the Committee recommends that measures be taken on an urgent basis, such as a comprehensive programme of prevention, including an awarenessraising campaign and educational programmes, in particular in the rural areas and for concerned governmental officials, and of rehabilitation of the victims. Cooperation with neighbouring countries is strongly encouraged.
54. The Committee is concerned at the absence of data and of a comprehensive study on the issue of sexual commercial exploitation of children. In the light of article 34 and related articles of the Convention, the Committee recommends that the State party reinforce its legislative framework to protect children fully 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 care and rehabilitation, to prevent and combat this phenomenon. The Committee recommends that the State party continue implementing the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.
55. With regard to the juvenile justice system in the State party, the Committee is concerned about its full compatibility with articles 37, 40 and 39 of the Convention and with 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. In particular, the Committee is concerned that deprivation of liberty is not systematically used as a measure of last resort only, at the slow pace at which cases are processed, at the insufficient provision of legal aid for children and at the situation of children under seven years of age living in prisons with their parents. It recommends that the State party envisage undertaking further measures to ensure the full compatibility of the juvenile justice system with the Convention, especially articles 37, 40 and 39 and other relevant United Nations standards. Particular attention should be paid to ensuring that the deprivation of liberty is only used as a measure of last resort, that children have access to legal aid and that alternative care (for example, in foster families) should be provided for children living in prisons with one of their parents. Training programmes on the relevant international standards should be conducted for all professionals involved with the juvenile justice system. In this regard, the Committee further suggests that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF through the Coordination Panel on Juvenile Justice.
56. The Committee recommends that additional information, taking into account the concerns expressed during the dialogue held with the State party, be prepared and submitted to the Committee by April 1999.
57. Lastly, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the initial report and written replies submitted by the State party be made widely available to the public at large and that consideration be given to publishing the report, along with the relevant summary records and the concluding observations adopted by the Committee. Such a document should be widely distributed in order to generate debate on and awareness of the Convention, its implementation and monitoring within the Government and the Parliament and among the general public, including concerned nongovernmental organizations.
Concluding observations of the Committee on
the Rights of the Child: Iraq
58. The Committee considered the initial report of Iraq (CRC/C/41/Add.3) at its 482nd to 484th meetings (CRC/C/SR.482-484), held on 23 and 24 September 1998, and adopted the following concluding observations.
A. Introduction
59. The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/IRAQ/1). It nevertheless regrets that the report did not follow the guidelines established by the Committee. 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 discussion.
B. Positive aspects
60. The Committee takes note of the fact that the Convention is selfexecuting within the State party and that its provisions may be invoked before the courts.
61. The Committee takes note of the development of a National Plan of Action for Children and welcomes the programme for reproductive health implemented by the Association for Family Planning and the Ministry of Health, as well as the Mother and Child Unit established within the Central Statistical Office. The Committee also welcomes the introduction of compulsory education and the development of a programme to combat illiteracy within the State party.
C. Factors and difficulties impeding the
implementation of the Convention
62. In the light of General Comment No. 8 adopted by the Committee on Economic, Social and Cultural Rights (1997) and Decision 1998/114 of the SubCommission on Prevention of Discrimination and Protection of Minorities, the Committee notes that the embargo imposed by the Security Council has adversely affected the economy and many aspects of daily life, thereby impeding the full enjoyment by the State partýs population, particularly children, of their rights to survival, health and education. The Committee also notes that the northern territory is currently not administered by the State party authorities; consequently, the lack of information relevant to the implementation of the Convention on the Rights of the Child in that area is a matter of concern to the Committee.
D. Subjects of concern and Committee recommendations
63. The Committee notes with concern the reservation to article 14.1 made by the State party upon ratification of the Convention. In the light of the Vienna Declaration and Programme of Action (1993), the Committee encourages the State party to consider the possibility of reviewing the reservation with a view to its withdrawal.
64. While the Committee notes that the State party has developed a substantive legislative framework, it is still concerned that the provisions and principles of the Convention are not fully reflected in law. The Committee recommends that the State party take all appropriate measures to engage, where necessary, in a process of law reform, for example, by enacting a children's code to ensure full compliance with the Convention.
65. The Committee is concerned at the need to strengthen law enforcement in all areas covered by the Convention. It suggests that the State party consider the introduction of a number of policies and programmes that guarantee law enforcement and implementation of the existing legislation through adequate services, remedies and rehabilitation programmes, when appropriate within the framework of international cooperation.
66. While the Committee notes that the Child Welfare Authority, the institution responsible for the implementation of the Convention, enjoys support at the highest official level and is located in the office of the President, it remains concerned at its limited powers. The Committee recommends that the State party seek to strengthen the Child Welfare Authority by increasing its budgetary allocations, as well as its power and authority to implement the Convention.
67. With regard to coordination of programmes and policies, the Committee is concerned at the insufficient coordination between the different bodies and agencies working with and for children. 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 the national and local levels and that greater efforts be made to ensure closer cooperation with non-governmental organizations working in the field of children's rights.
68. The Committee expresses concern at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. The Committee recommends that an independent mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations.
69. While the Committee notes the establishment and expansion of the Mother and Child Unit within the Central Statistical Office, it is still 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 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 ones, 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 and/or institutionalized children, and children with disabilities. The Committee recommends that the State party consider seeking technical assistance from, inter alia, UNICEF in the development of such a data collection system.
70. In the light of article 4 of the Convention, the Committee is concerned that insufficient attention has been paid to allocating budgetary resources in favour of children “to the maximum extent ... available ... and, where needed, within the framework of international cooperation”. It recommends the State party to prioritize budgetary allocation to ensure the protection of the economic, social and cultural rights of children, especially taking into account articles 2, 3 and 4 of the Convention. In this regard, the Committee also recommends that the State party seek to eliminate the disparities between urban and rural areas and between provinces.
71. The Committee notes that professional groups, children and the public at large are not sufficiently aware of the Convention and its principles. The Committee recommends that greater efforts be made to ensure that the principles and provisions of the Convention are widely known and understood by adults and children alike. In this regard, it is recommended that efforts be made to translate the Convention into all minority languages. The Committee also recommends that systematic training and retraining programmes on the rights of the child, as well as in the areas of international human rights and humanitarian law, be organized for professional groups working with and for children, such as judges, lawyers, law enforcement personnel, military officers and personnel, teachers, school administrators, health personnel, including psychologists, social workers, central or local administration officials and personnel of child-care institutions. Systematic dissemination of the principles and provisions of the Convention to non-governmental organizations, the mass media and the public at large, including children themselves, should be enhanced. The Committee suggests that the State party incorporate the Convention in school and university curricula. In this regard, the Committee also suggests that the State party consider seeking technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, the International Committee of the Red Cross and UNICEF.
72. In the light of the provisions and principles of the Convention, especially the principles of the best interests of the child (art. 3) and the right to life, survival and development (art. 6), the Committee is deeply concerned at the early legal minimum age of voluntary enlistment into the armed forces. It recommends that the State party raise the legal minimum age of voluntary enlistment into the armed forces in the light of international human rights and humanitarian law.
73. The Committee wishes to express its 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 judicial decisions, or in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention guide policy discussions and decision-making, and are appropriately reflected in any legal revision and in judicial and administrative decisions, as well as in the development and implementation of all projects and programmes which have an impact on children.
74. The Committee is concerned that the welfare policies and practices prevailing in the State party do not adequately reflect the rights-based approach enshrined in the Convention. In this regard, the Committee also notes that the principle of non-discrimination (art. 2) is reflected in the Constitution and in other domestic legislation. However it is concerned that domestic legislation does not explicitly prohibit discrimination on the basis of national or ethnic origin, political or other opinion, and disability. Though Iraqi legislation prohibits discrimination on the basis of sex, the Committee is concerned that in practice there are still disparities between boys and girls, particularly with respect to inheritance rights and the right to education. The Committee encourages the State party to take all appropriate measures, including legislative measures, to ensure nondiscrimination at all levels of society and to encourage equality between boys and girls. In this regard, the Committee further recommends that additional measures be taken to ensure the school enrolment of girls, especially in rural areas, and to reduce their drop-out rate, particularly during the compulsory education period.
75. The Committee expresses concern regarding the participatory rights of children. The Committee urges the State party to encourage children to take an active role in the promotion and implementation of the Convention. The Committee suggests that non-governmental organizations, such as the National Federation of Iraqi Students and Youth, be given a more significant role in promoting the Convention.
76. The Committee is further concerned that in the light of the State party’s legislation regarding citizenship, nationality may only be obtained by a child from his/her Iraqi father, except in cases where the father is unknown or stateless. The Committee recommends that domestic legislation be amended to guarantee that the acquisition of Iraqi nationality is determined in the light of the provisions and principles of the Convention, especially articles 2, 3 and 7.
77. In the light of article 19 of the Convention, the Committee expresses its concern that corporal punishment is not expressly prohibited in domestic legislation. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at all levels of society. 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, especially article 28.2.
78. The Committee is concerned at the insufficient awareness of, lack of information on and societal attitude toward ill-treatment and abuse, including sexual abuse, both within and outside the family, the insufficient legal protection measures and appropriate resources, both financial and human, as well as the lack of adequately trained personnel to prevent and combat such abuse. In the light of article 19 of the Convention, the Committee recommends that the State party undertake studies on ill-treatment and abuse, including sexual abuse, and adopt adequate measures and policies, with a view to, inter alia, changing traditional attitudes. It also recommends that cases of abuse and ill-treatment of children, including sexual abuse within the family, be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, due regard being 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.
79. The Committee notes with grave concern the deteriorating health situation of children, particularly the high and increasing infant and child mortality rates and serious longterm malnutrition, aggravated by poor breastfeeding practices and common childhood diseases. The Committee encourages the State party to develop comprehensive policies and programmes to promote and improve breastfeeding practices, to prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and to consider technical assistance for the integrated management of childhood illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.
80. The Committee is particularly concerned over the absence of data on adolescent health, including on teenage pregnancy, abortion, suicide, violence and substance abuse. The Committee recommends that the State party promote adolescent health policies and the strengthening of reproductive health education and counselling services. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems. The Committee also recommends that further efforts, both financial and human, be undertaken to develop child-friendly, prevention, care and rehabilitation facilities for adolescents.
81. The Committee expresses concern regarding the availability of facilities and services for persons with disabilities, including children. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternatives to the institutionalization of children with disabilities, envisage awareness-raising campaigns to reduce discrimination against children with disabilities, establish special education programmes for children with disabilities and encourage their inclusion in the regular school system and society. The Committee further recommends that the State party seek technical cooperation for the training of parents and professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and WHO can be sought to this effect.
82. In the light of the recent economic conditions in the State party, the Committee is also concerned at the number of children leaving school prematurely to engage in labour, particularly girls. The Committee recommends that all appropriate measures be taken to provide equal access to education, encourage children, particularly girls, to stay in school and discourage early entry into the labour force.
83. The Committee notes with concern that the economic exploitation of children has increased dramatically in the past few years and that an increasing number of children are leaving school, sometimes at an early age, to work to support themselves and their families. In this regard, the Committee is also concerned about the existing gap between the age at which compulsory education ends (12 years old) and the minimum legal age for access to employment (15 years old). The Committee recommends that research be carried out on the situation with regard to child labour in the State party, including the involvement of children in hazardous work, to identify the causes and the extent of the problem. Legislation protecting children from economic exploitation should also cover the informal labour sector. The Committee further suggests that the State party consider raising the age at which compulsory education ends to coincide with the minimum legal age for employment.
84. The Committee notes with concern the situation of children living and/or working on the streets, particularly as it relates to economic and sexual exploitation. In this regard, the Committee encourages the State party to increase preventive measures and its efforts to ensure the rehabilitation and reintegration of these children.
85. While taking into consideration the efforts made by the State party, the Committee notes with concern the situation with respect to landmines, and the threat they pose to the survival and development of children. The Committee stresses the importance of educating parents, children and the general public about the dangers of landmines and of implementing rehabilitation programmes for victims of landmines. The Committee recommends that the State party review the situation with respect to landmines within a framework of international cooperation, including from United Nations agencies. The Committee further suggests that the State party become a party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and of Their Destruction (1997).
86. The Committee is concerned at the situation with respect to the administration of juvenile justice and in particular its incompatibility with the Convention, as well as other relevant United Nations standards. The Committee recommends that the State party consider taking additional 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 this 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 deprived 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 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 United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.
87. Finally, the Committee recommends that, in the 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 present concluding observations of 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 non-governmental organizations.
Concluding observations of the Committee on the
Rights of the Child: Bolivia
88. The Committee considered the second periodic report of Bolivia (CRC/C/65/Add.1) at its 485th and 486th meetings (see CRC/C/SR.485-486), held on 25 September 1998, and adopted the following concluding observations.
A. Introduction
89. The Committee welcomes the timely submission of the State party’s second periodic report and takes note of the written answers to the list of issues (CRC/C/Q/BOL.2). The Committee is encouraged by the frank, self-critical and constructive dialogue the State party's delegation undertook with the Committee. The Committee also acknowledges that the presence of a delegation directly involved in the implementation of the Convention enabled it to assess better the situation of the rights of the child in the State party.
B. Follow-up measures undertaken and progress achieved
by the State party
90. The Committee acknowledges the State party's commitment to the promotion and protection of human rights with the establishment of a ViceMinistry for Human Rights within the new structure of the Ministry of Justice and Human Rights. The Committee also welcomes the establishment of the Office of the Human Rights Ombudsperson (Defensor del Pueblo) and the inclusion of children’s rights within its mandate.
91. The Committee expresses its appreciation of the enactment of the Popular Participation Act (1994), which establishes the principle of equal distribution per inhabitant of the joint resources from taxation allocated and transferred to regions, and seeks to correct the historical disparities between urban and rural areas. This initiative reflects the Committee’s recommendation (see CRC/C/15/Add.1, para. 14). The Committee particularly welcomes the establishment, as part of the decentralization programme, of the municipal defence system for children.
92. The Committee notes with appreciation the participation of non-governmental organizations in the elaboration of the State party's second periodic report and in amending the Code of Minors (1992), in line with a recommendation of the Committee (see CRC/C/15/Add.1, para. 18).
93. The Committee notes with appreciation the adoption of the National Mother and Child Insurance Scheme (1996), under which public hospitals and health centres provide free care for all mothers, during pregnancy, childbirth and the post-natal period, and for all children up to five years of age.
94. In the light of the Committee’s recommendation (see CRC/C/15/Add.1, para. 14), the enactment of the Educational Reform Act (1994), which makes the provision of educational services in the State party available to the whole society without any type of discrimination, is welcomed by the Committee.
95. The Committee welcomes the accession (1997) of the State party to International Labour Organization (ILO) Convention No. 138 concerning Minimum Age for Access to Employment.
C. Factors and difficulties impeding further progress in the implementation of the Convention
96. The Committee notes the persistence of large disparities in income distribution and is of the view that this problem, which has contributed to longterm hard-core poverty, is still affecting children's exercise of their rights.
97. The Committee notes that severe economic constraints, due in particular to structural adjustment programmes and external debt, are still having a negative impact on the situation of children.
D. Principal subjects of concern and Committee recommendations
98. While noting the measures taken by the State party to implement the recommendations of the Committee (see CRC/C/15/Add.1, para. 13) regarding the need to reform the Minors Code (1992), and taking into consideration the information provided on the forthcoming enactment of the Code for Children and Adolescents (Proyecto de Código de los Niños, Niñas y Adolescentes), the Committee remains concerned about some discrepancies between domestic legislation and the provisions of the Convention, as well as about the slow pace of the current process of reform. The Committee recommends that the State party take all available measures to ensure that the current process of reform of its legislation on children’s rights is in full conformity with the principles and provisions of the Convention. The Committee also recommends that the State party take all the necessary steps to accelerate the current process of reform.
99. With regard to the Committee’s recommendation (see CRC/C/15/Add.1, para. 13) concerning the need to develop indicators for monitoring the implementation of policies and programmes for children, the Committee takes note of the State party’s efforts to include some disaggregated data and other indicators in the periodic report and in the written replies. Nevertheless, it remains concerned that disaggregated data and indicators for all areas covered by the Convention were not included. The Committee recommends that the State party continue reviewing and updating its data collection system, with a view to including all the areas covered by the Convention. Such a system should include all children under 18 years of age and specifically emphasize vulnerable groups of children. In this regard, the Committee encourages the State party to seek technical assistance from UNICEF and other international agencies.
100. While the Committee takes note of the willingness of the State party to launch a major campaign on children's rights upon the enactment of the new Children and Adolescents Code (Código de los Niños, Niñas y Adolescentes), it expresses its concern at the lack of measures taken so far to implement its recommendation (see CRC/C/15/Add.1, para. 17) to disseminate information on the provisions of the Convention. The Committee recommends that the State party take all available measures to disseminate the principles and provisions of the Convention, especially in the three national languages other than Spanish (Aymara, Quechua and Guarani) spoken in the State party. The Committee suggests that the State party seek assistance from, inter alia, UNICEF in this regard.
101. The Committee welcomes the willingness of the State party to include a children’s rights component, including the training of professionals working with and for children, in its technical cooperation programme with the Office of the High Commissioner for Human Rights/UNDP for the implementation of the State party's National Plan of Action on Human Rights. The Committee encourages the State party to continue with its efforts to provide sensitization programmes and training to all professional groups working with and for children, such as judges, lawyers, law enforcement and army officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, psychologists and social workers. Dissemination of the provisions and principles of the Convention to non-governmental organizations, the mass media and the public at large including children themselves, should be enhanced.
102. While the Committee is aware of the efforts undertaken by the State party to allocate substantial financial resources for the benefit of children, it reiterates its concern (see CRC/C/15/Add.1, para. 7) that the stringent budgetary measures and external debt, as well as the persistence of widespread poverty and uneven income distribution, are still having a negative impact on the situation of children in the State party. In the light of articles 2, 3 and 4 of the Convention, the Committee encourages the State party to continue undertaking all appropriate measures to the maximum extent of its available resources, including international cooperation, to continue ensuring that sufficient budgetary allocation is provided to social services for children and that particular attention is paid to the protection of children belonging to vulnerable and marginalized groups. The Committee also recommends that the State party take children's rights into consideration in designing its social policies and programmes. Furthermore, the Committee encourages the State party to continue with its efforts to reduce the burden of its external debt, including the measures taken within the framework of the World Bank/ International Monetary Fund's initiative “Highly Indebted Poor Countries”.
103. The Committee reiterates its concern (see CRC/C/15/Add.1, para. 8) regarding the implementation of article 1 and other related provisions of the Convention, owing to disparities in domestic legislation, especially concerning the minimum legal ages for access to work and for marriage. The Committee is also concerned about the use of the biological criterion of puberty to set different ages of maturity for boys and girls. This practice is contrary to the principles and provisions of the Convention and,
inter alia, it constitutes a form of gender-based discrimination which affects the enjoyment of all rights. The Committee recommends that the State party introduce appropriate amendments to the draft code for children and
adolescents (Proyecto de Código de los Niños, Niñas y Adolescentes) and raise the minimum legal ages for work and marriage, in order to bring it into full conformity with the principles and provisions of the Convention.
104. With regard to the implementation of article 2 of the Convention, the Committee reiterates its concern (see CRC/C/15/Add.1, para. 9) at the growing disparities between rural and urban areas, as well as the growing number of the population living in urban poor and marginalized areas. Furthermore, the predominance of discrimination on the basis of ethnic origin, gender, social status and disabilities is also a major concern. The Committee reiterates its recommendation (see CRC/C/15/Add.1, para. 14) to the State party and further recommends that it increase measures to reduce economic and social disparities, including between rural and urban areas, to prevent discrimination against the most disadvantaged groups of children, such as children belonging to indigenous communities, girl children, children with disabilities, children born out of wedlock and children who are living and/or working on the streets.
105. While the Committee notes that the principles of the “best interests of the child” (art. 3) and “respect for the views of the child” (art. 12) have been incorporated in domestic legislation, it remains concerned that in practice, as it is recognized in the report, these principles are not respected owing to the fact that children are not yet perceived as persons entitled to rights and that the rights of the child are undermined by adults’ interests. The Committee recommends that further efforts be made to ensure the implementation of the principles of the “best interests of the child” and “respect for the views of the child”, especially his or her rights to participate in the family, at school, within other institutions and in society in general. These principles should also be reflected in all policies and programmes relating to children. Awarenessraising among the public at large, including traditional communities and religious leaders, as well as educational programmes on the implementation of these principles should be reinforced.
106. The Committee expresses its concern at the insufficient measures taken by the State party in the area of birth registration, and at the lack of awareness and understanding of registration procedures, especially in rural areas. In the light of article 7 of the Convention, the Committee recommends that the State party take all available measures to ensure the immediate registration of the birth of all children. Furthermore, the Committee encourages the State party to ensure that birth registration procedures are widely made known to the population at large, if necessary in cooperation with non-governmental organizations and with the support of international organizations.
107. While the Committee welcomes the adoption of legislation on domestic violence, it remains concerned about persistent ill-treatment of children in the State party. Concern is also expressed at the insufficient awareness and lack of information, research, statistics and data on ill-treatment and abuse, including sexual abuse, both within and outside the family, at the insufficient legal protection measures and appropriate resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The insufficiency of rehabilitation measures for such children and their limited access to justice is also a matter of concern. In the light, inter alia, of articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate measures to prevent and combat ill-treatment and sexual abuse of children within the family, schools and society at large. It suggests, inter alia, the setting up of social programmes to prevent all types of child abuse as well as the rehabilitation of child victims. Law enforcement should be strengthened with respect to such crimes; adequate procedures and mechanisms to deal with complaints of child abuse should be developed.
108. While the Committee takes note of existing legislation prohibiting corporal punishment of children, it remains concerned that corporal punishment is still widely used within the family and in schools and institutions. In connection with the child’s right to physical integrity, recognized by the Convention in its articles 19, 28, 29 and 37, the Committee recommends that the State party consider the possibility of undertaking educational campaigns. Such measures would help to change societal attitudes towards the use of physical punishment within the family and in schools and institutions.
109. While the Committee notes the inclusion of legislative measures on adoption in the Minors Code (1992), it remains concerned at the lack of adequate protection measures with regard to intercountry adoption. The Committee encourages the State party to consider acceding to The Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption.
110. The Committee expresses its concern at the situation of children living in institutions and of children living in penitentiary centres with one of their parents. Concern is also expressed at the lack of follow-up measures and of a system to monitor and evaluate the development of these groups of children. The Committee recommends that the State party take the necessary steps to establish alternatives to institutionalizing children (for example, foster families), especially for those living with one of their parents in penitentiary centres. The Committee further recommends that the State party undertake follow-up measures and institute a monitoring and evaluation system to ensure the adequate development of these groups of children.
111. While the Committee notes with appreciation the efforts undertaken by the State party in the area of basic health, it is still concerned about the persistence of a high infant mortality rate and limited access of children to basic health services. Furthermore, the persistence of common childhood diseases (for example, gastro-intestinal and respiratory illnesses), increased malnutrition in children under five years of age and growing adolescent healthrelated problems, such as teenage pregnancy, smoking and alcohol consumption are also issues of concern. The Committee recommends that the State party take all appropriate measures, including seeking international cooperation, to ensure access to basic health-care and services for all children and that adolescent health policy and programmes are developed, including prevention, care and rehabilitation measures. More concerted efforts need to be taken to combat malnutrition and to ensure the adoption and implementation of a national nutritional policy for children.
112. While the Committee acknowledges the State party’s policies for the protection of refugees, it remains concerned at the lack of specific provisions in its legislation concerning the rights of asylum seeking and refugee children and the right to family reunification. In the light of article 22 of the Convention, the Committee recommends that the State party adopt legislation to protect all the rights of asylum seeking and refugee children. Technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) might be requested in this regard.
113. The Committee is concerned about the situation of children living in the Chapare region, who are constantly exposed to the side effects of anti-narcotics interventions and live in a violent environment which has a
negative impact on their development. The Committee recommends that the State party take appropriate measures to ensure the protection of children living in the Chapare region.
114. The Committee expresses its concern at the situation of children living in towns on the border with Chile, whose lives are threatened by landmines planted in that region. The Committee recommends that the State party take all necessary measures, including awarenessraising programmes on landmines and training for the population at large, for the protection of children living in these towns. In this regard, the Committee encourages the State party to consider seeking international cooperation, as well as conducting bilateral consultations for the clearance of landmines.
115. With regard to the Committee’s concern (see CRC/C/15/Add.1, para. 9) at the situation with regard to child labour in the State party, the Committee takes note of the measures taken in this area, such as the signing of a memorandum of understanding (1996) between the State party and the International Labour Organization, and the establishment of a pilot education programme for working children, financed by the Inter-American Development Bank. Nevertheless, the Committee is still concerned that economic exploitation remains one of the major problems affecting children in the State party. The Committee also reiterates its concern (see CRC/C/15/Add.1, para. 12) about the situation of children working and/or living on the streets. In the light of, inter alia, articles 3 and 32 of the Convention, the Committee recommends that the State party should not lower the minimum age for access to work. It encourages the State party to continue giving attention to the situation of children involved in hazardous labour, including domestic labour and prostitution, in order to protect them from being exploited and from the negative impact on their development. The Committee recommends that the State party undertake research on the issue of children living and/or working on the streets as a basis for adopting appropriate programmes and policies for the protection and rehabilitation of these children and the prevention of this phenomenon.
116. The Committee is concerned at the absence of data and of a comprehensive study on the issue of sexual exploitation of children. In the light of article 34 and related articles of the Convention, the Committee recommends that the State party undertake studies with a view to designing and implementing appropriate policies and measures, including care and rehabilitation, to combat the sexual exploitation of children. It also recommends that the State party reinforce its legislative framework to protect children fully from all forms of sexual abuse or exploitation, including within the family. The Committee further recommends that the State party continue implementing the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.
117. With regard to the juvenile justice system in the State party, the Committee is concerned about its lack of full compatibility with articles 37, 40 and 39 of the Convention and with 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. In particular, the Committee is concerned about the conditions of children living in special institutions, the use of violence by law enforcement officials, that deprivation of liberty is not systematically used as a measure of last resort and that children are detained together with adults. The Committee recommends that the State party envisage undertaking further measures to ensure the full compatibility of the juvenile justice system with the Convention, especially, articles 37, 40 and 39 and other relevant United Nations standards in this field. Particular attention should be paid to ensuring the improvement of the conditions of children living in special institutions, that violence is not used by law enforcement officials, that the use of deprivation of liberty is only used as a measure of last resort and that children are not detained together with adults. The Committee encourages the State party to consider ratifying the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Training programmes on the relevant international standards should be conducted for all professionals involved with the juvenile justice system. In this regard, the Committee further suggests that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF through the Coordination Panel on Juvenile Justice.
118. Lastly, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and written replies submitted by the State party be made widely available to the public at large and that consideration be given to publishing the report, along with the relevant summary records and concluding observations adopted 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 Parliament and among the general public, including concerned non-governmental organizations.
Concluding observations of the Committee on the
Rights of the Child: Kuwait
119. The Committee considered the initial report of Kuwait (CRC/C/8/Add.35) at its 487th to 490th meetings (CRC/C/SR.487-490), on 28 and 29 September 1998 and adopted the following concluding observations.
A. Introduction
120. The Committee welcomes the submission by the State party of its initial report. It also takes note of the submission of written replies to the list of issues (CRC/C/Q/KUW/1). It further notes that while the report did not fully comply with the Committee’s guidelines, the frank, self-critical and constructive dialogue contributed to a better understanding of the situation in the State party.
B. Positive aspects
121. The Committee notes the existence in Parliament of the Committee on Human Rights. It also notes the recent establishment within the Ministry of Justice of a unit dealing with human rights issues, including a mechanism for the consideration of individual complaints.
122. The Committee takes note of the fact that the Convention is selfexecuting within the State party and that its provisions may be invoked before the courts.
123. The Committee finds commendable the extensive social welfare services available to citizens of the State party at either no cost or at only a fraction of the real cost, including public services relating to education, health, social care and housing.
124. The Committee welcomes efforts by the State party to mainstream children with disabilities, or who have learning difficulties, within regular classes, while at the same time providing complementary courses catering for the special needs of those children.
125. The Committee welcomes the organization of an “Arab Day for Children” in the State party as a way for children better to understand their rights under the Convention.
C. Factors and difficulties impeding the
implementation of the Convention
126. The Committee is aware that physical and psychological hardship resulting from the Gulf War still affects a substantial number of children and their parents. The Committee notes that there remain unresolved issues concerning family reunification since the end of the Gulf War and this situation is a serious constraint on the full implementation of the Convention.
D. Principal subjects of concern and Committee recommendations
127. The Committee notes with concern the declarations on articles 7 and 21 of the Convention made by the State party upon ratification of the Convention. In the light of the Vienna Declaration and Programme of Action (1993), the Committee encourages the State party to consider the possibility of reviewing the declarations.
128. While the Committee notes that the State party has developed a legislative framework, it is still concerned that the provisions and principles of the Convention are not fully reflected in law. The Committee recommends that the State party take all appropriate measures to engage, where necessary, in a process of law reform, for example by enacting a children's code to ensure full conformity with the Convention.
129. The Committee is concerned that the State party does not appear to have a comprehensive policy to promote and protect children’s rights, and that it does not have a central evaluation and monitoring body for coordination between different ministries and between the central Government and local authorities. The Committee encourages the State party to adopt a national strategy for children, to establish a mechanism of coordination, evaluation and monitoring to implement policies and programmes for children in the light of the Convention. The Committee also recommends that the State party further its cooperation with the non-governmental organizations and to involve these organizations in such coordination and monitoring bodies.
130. In spite of the recent establishment within the Ministry of Justice of a unit dealing with human rights issues, including a mechanism for the consideration of individual complaints, the Committee expresses concern that there is insufficient awareness of this mechanism and how it can be used to register and address complaints from children concerning violations of their rights. The Committee suggests that the State party take appropriate measures to ensure that this mechanism is better known, including how it can be used by or on behalf of children to make complaints in the case of violations of their rights and to seek remedy for such violations.
131. The Committee is concerned that insufficient measures have been taken for the development of indicators and the systematic collection of disaggregated data on the areas covered by the Convention in relation to all groups of children in order to monitor and evaluate progress achieved and to assess the impact of policies adopted with respect to children. The Committee recommends that the system of data collection be strengthened with a view to incorporating all the areas covered by the Convention. Such a system of disaggregated data should include all children, with specific emphasis on vulnerable ones, including those who are victims of abuse or ill-treatment, children belonging to minority groups, including in particular the Bedoons, or to migrant families, children with no residence permit, children involved with the administration of juvenile justice, the girl child, children of single-parent families and children born out of wedlock, abandoned children, institutionalized children and those with disabilities. The Committee recommends that the State party consider seeking technical assistance from, inter alia, UNICEF in the development of such a data collection system.
132. The Committee notes with concern that professional groups, children and the public at large are not generally aware of the principles and provisions of the Convention. 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, military officials and personnel, teachers, school administrators, health personnel, including psychologists, social workers, officials of central or local administrations, personnel of child-care institutions, the mass media. Systematic dissemination of the principles and provisions of the Convention to non-governmental organizations, the mass media and the public at large, including children themselves, should be enhanced. The Committee suggests that the State party incorporate the Convention in school and university curricula. In this regard, the Committee also suggests that the State party consider seeking technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF.
133. The Committee notes with concern that the legal age of criminal responsibility, at seven, is very low. Concern is also expressed at the low legal minimum age for marriage for girls, set at 15, while the minimum age for boys is set at 17. The Committee recommends raising the minimum legal age for criminal responsibility, in the light of the provisions and principles of the Convention and other relevant United Nations standards. In the light of the provisions and principles of the Convention, especially its articles 1, 2, 3, 6, 12 and 24, the Committee also recommends that the State party take all appropriate measures to raise the legal minimum age for marriage for girls to at least the same age as that set for boys.
134. The Committee is concerned that the welfare policies and practices prevailing in the State party do not adequately reflect the rights-based approach enshrined in the Convention. It also 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 (nondiscrimination), 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 and in its administrative and judicial decisions, as well as in its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the general principles of the Convention, not only guide policy discussions and decision-making, but also are appropriately reflected in any legal revision, judicial and administrative decisions, and in the development and implementation of all projects and programmes which have an impact on children.
135. The Committee is concerned that neither the Constitution nor legislation fully conforms to article 2 of the Convention, and does not specifically prohibit discrimination on the basis of race, colour, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. The Committee is concerned at the existence of some laws, regulations or practices which are discriminatory towards nonKuwaitis and girls, especially with regard to the right to education and inheritance. The Committee encourages the State party to review its legislation with a view to prohibiting discrimination on all grounds covered by article 2 of the Convention. Furthermore, in light of article 2 of the Convention, which requires State parties to ensure the implementation of all rights recognized by the Convention to each child within their jurisdiction, the Committee recommends the State party to take all appropriate measures to safeguard the rights of Bedoon children, migrant children, other noncitizens, and girls, especially with regard to access to education, health and other social
services. Lastly, the Committee recommends that all appropriate measures be taken to guarantee that girls are systematically treated equally, especially with regard to the right to inheritance.
136. The Committee is concerned that the unusual demographic situation of the State party, in which only about 34 per cent of the population has Kuwaiti nationality, may have resulted in discrimination against nonKuwaitis. The Committee is concerned at discrimination affecting children of the Bedoon community and young migrant workers. In the light of article 2 of the Convention, the Committee recommends that the State party take all appropriate measures to ensure that each child living within its jurisdiction is ensured without discrimination the full enjoyment of the rights set forth in the Convention. It also recommends that the State party consider ratifying the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
137. The Committee is concerned at the lack of awareness regarding the participatory rights of children. Concern is further expressed at the absence, in legal proceedings affecting a child, of a legal requirement that the views of the child be solicited. In the light of article 12 of the Convention, the Committee recommends that the State party take all appropriate measures to encourage participation of children in the family, in institutions, at school and in society. It also recommends that the relevant authorities ensure by all available means, including legislative means, that, according to his or her maturity, the views of children are an integral part of all decisions affecting them.
138. The Committee is further concerned that in the light of the State party's legislation regarding citizenship, nationality may only be obtained by a child from his/her Kuwaiti father. The Committee recommends that domestic legislation be amended to guarantee that the acquisition of Kuwaiti nationality be determined in light of the provisions and principles of the Convention, especially articles 2, 3 and 7.
139. The Committee expresses its concern about the lack of a specific prohibition in domestic legislation of the use of corporal punishment. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment in schools, in the family and other institutions, and in society at large. The Committee also suggests that awarenessraising 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, in the light of article 28.2 of the Convention.
140. The Committee is concerned at the insufficient awareness of and lack of information on domestic violence, illtreatment and abuse, including sexual abuse, both within and outside the family, at the insufficient legal protection measures and insufficient resources, as well as at the lack of adequately trained personnel to prevent and combat such abuse. In the light of article 19 of the Convention, the Committee recommends that the State party undertake multidisciplinary studies on the nature and scope of illtreatment and abuse, including sexual abuse, with a view to adopting adequate measures and policies, in order to, inter alia, change traditional attitudes. It also recommends that a special complaint mechanism be established for children to report such illtreatment, domestic violence and abuse. It further recommends that cases of abuse and ill-treatment of children, including sexual abuse within the family, be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, due regard being given to protecting the right to privacy of the child. It is also recommended that consideration be given to adopting childfriendly rules for the provision of evidence in such proceedings. 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, illtreatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.
141. The Committee is concerned at the potential for stigmatization of a woman or couple who decide to keep a child born out of wedlock, and at the impact of this stigmatization on the enjoyment by such children of their rights. The Committee recommends that the State party take all appropriate measures to create an adequate framework that would facilitate the choice of a woman or couple to whom a child is born out of wedlock to keep and raise the child.
142. The Committee is concerned that the State party does not have a procedural requirement for periodic review and systematic monitoring when children are placed in alternative care, such as in a children's home, a guest house or any other similar institution. The Committee recommends that special attention be given to children living in institutional care, including children born out of wedlock. Alternatives to institutional care, such as foster care, should be developed and an appropriate mechanism for the systematic monitoring and review of placement in institutional care should be established, in the light of article 25 of the Convention.
143. The Committee is concerned at the recent increase in the number of children living and/or working on the streets, especially children of the Bedoon community. It recommends that all appropriate measures be taken to provide access to school to all children and prevent and combat school dropout. It also recommends the development of vocational training projects, as well as of adequate social programmes.
144. The Committee is concerned at the high level of malnutrition among children in the State party, mainly due to poor nutrition. The Committee recommends that the State party take all appropriate measures, such as awarenessraising campaigns in and outside schools and counselling, to sensitize adults, especially parents and domestic servants, and children alike to the importance of quality nutrition.
145. Regarding adolescent health, the Committee is concerned at the high mortality rate among male adolescents, due to external causes and accidents. It is also concerned at the lack of comprehensive data and information on the
health status of adolescents in general, especially with regard to drug and substance abuse, sexually transmitted diseases and HIV/AIDS, teenage pregnancy, violence and suicide among young people, and by the lack of treatment and rehabilitation services. The Committee suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems, with data disaggregated by age and gender, to serve as the basis for developing and promoting adolescent health policies. The Committee also recommends that further efforts be undertaken to develop youth friendly care, counselling and rehabilitation facilities for adolescents.
146. In the light of the provisions and principles of the Convention, especially its articles 2, 3, 6, 12 and 24.3, the Committee is concerned at the practice of early marriage. It recommends that the State party undertake all appropriate measures, including legal measures, awarenessraising campaigns with a view to changing attitudes, counselling and reproductive health education, to prevent and combat this traditional practice which is harmful to the health and wellbeing of girls and the development of the family.
147. The Committee is concerned that the State party does not have specific domestic legislation for determining the status of and protecting refugees, including children, and is currently not a party to any of the main treaties on statelessness or refugees. The Committee recommends that the State party review its domestic legislation with a view to including provisions for determining the status of and protecting refugees, including children, especially with regard to access to education, health and other social services. The Committee also 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 relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
148. The Committee recognizes that the State party is still recovering from the effects of the Gulf war and that landmines pose a continuing threat to the population and have already given rise to numerous casualties, including children. The Committee stresses the importance of educating parents, children and the general public about the dangers of landmines. The Committee recommends that the State party review the situation with regard to landmines within the framework of technical assistance, including from United Nations agencies. The Committee further suggests that the State party become a party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and of Their Destruction (1997).
149. The Committee is concerned at the absence of data, information and comprehensive research on the issue of sexual abuse and exploitation of children. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party reinforce its legislative framework to protect children fully from all forms of sexual abuse or exploitation, including within the family. It also recommends that the State party undertake studies with a view to designing and implementing appropriate policies and measures, including rehabilitation measures, to combat this phenomenon. The Committee urges the State party to continue implementing the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.
150. The Committee is concerned at the situation of the administration of juvenile justice and in particular its full compatibility with the Convention, as well as other relevant United Nations standards. The Committee recommends that the State party consider taking additional 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 this 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 all the rights of children deprived of their liberty and, when appropriate, to encouraging alternatives to the processing of cases through the regular penal system. 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 United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.
151. The Committee recommends that, in the light of article 44, paragraph 6, of the Convention, the initial report and these concluding observations be made widely available to the public at large, including nongovernmental organizations, and that consideration be given to publishing the report, along with the relevant summary records, the list of questions and written answers thereto, and the concluding observations of the Committee. It is suggested that such a document could be widely distributed in order to generate debate on and awareness of the Convention, as well as to serve as a reference for the implementation of the Convention by the State party.
Concluding observations of the Committee
on the Rights of the Child: Thailand
152. The Committee considered the initial report of Thailand (CRC/C/11/Add.13) at its 493rd to 495th meetings (CRC/C/SR.493495) on 1 and 2 October 1998, and adopted the following concluding observations.
A. Introduction
153. The Committee welcomes the submission of the State party's initial report and the written replies to its list of issues (CRC/C/Q/THA/1). The Committee notes the detailed and comprehensive structure of the report but regrets that it does not fully follow the established guidelines. The Committee also notes the constructive, open and frank dialogue it had with the delegation of the State party, and the additional information it received during the discussion. The Committee notes with appreciation the active participation of children and nongovernmental organizations in its dialogue with the State party.
B. Positive aspects
154. The Committee notes the State party's recent adoption of a new Constitution (1997) which guarantees the promotion and protection of human rights, including children's rights as recognized by the Convention, and calls for the establishment of a national human rights committee charged with monitoring human rights.
155. The Committee notes the recent efforts undertaken by the State party in the field of law reform. In this regard, it welcomes the enactment of the Amended Criminal Procedure Code concerning indecent acts committed against both boys and girls; the Criminal Procedure Code concerning juvenile defendants below the age of 18 years; the Act concerning Measures of Prevention and Suppression of the Trafficking in Women and Children of 1997; the Prevention and Suppression of Prostitution Act of 1996; the Occupational Training Promotion Act of 1993; and the Labour Protection Act of 1998.
156. The Committee notes that the Eighth National Economic and Social Development Plan (19972001) has given priority to human development, including child protection and participation. In this regard, it welcomes the initiatives to extend greater development opportunities to vulnerable and disadvantaged groups and implement special monitoring systems in the area of child labour and prostitution. The Committee also welcomes the State party's establishment of indicators, including social indicators (basic minimum needs); indicators on child and youth development; and indicators on child rights.
157. The Committee notes the cooperation between the State party and nongovernmental organizations, particularly in the preparation of the report, and the current initiative to review policies and legislation to ensure compliance with the Convention.
C. Factors and difficulties impeding the
implementation of the Convention
158. The Committee acknowledges that the current economic and social difficulties facing the State party have had a negative impact on the situation of children and have impeded the full implementation of the Convention. In particular, it notes the high level of external debt, the requirements of the structural adjustment programme and the increasing level of unemployment and poverty.
D. Subjects of concern and Committee recommendations
159. While noting with appreciation that the State party has withdrawn its reservation with respect to article 29 of the Convention, the Committee is concerned at the remaining reservations (to arts. 7 and 22), made by the
State party upon ratification of the Convention. In this regard, the Committee notes that the State party has recently (1997) ratified without reservation the International Covenant on Civil and Political Rights, and wishes to draw attention in particular to the provisions of articles 2 and 24 of the Covenant. In the light of the Vienna Declaration and Programme of Action of 1993 and the recent ratification of the International Covenant on Civil and Political Rights, the Committee encourages the State party to consider the possibility of reviewing its reservations with a view to withdrawing them.
160. The Committee notes that the State party has developed a substantive legislative framework. It is concerned, however, that domestic legislation still does not fully reflect the principles and provisions of the Convention. The Committee recommends that the State party undertake a review of its domestic legislation to ensure full conformity with the principles and provisions of the Convention. In this regard, the Committee also encourages the State party to consider the possibility of enacting a comprehensive code for children.
161. While the Committee notes the establishment of the Corrupt Practices Commission, the need to strengthen law enforcement and combat corrupt practices in all areas covered by the Convention is still of particular concern to the Committee. The Committee therefore recommends that the State party take all appropriate measures, including training, to strengthen law enforcement and prevent corrupt practices.
162. While noting the efforts of the National Youth Bureau to facilitate the coordination of child rights issues, the Committee is concerned that involvement and coordination at the local level is still somewhat limited. The Committee recommends that the State party adopt a comprehensive approach to the implementation of the Convention by, inter alia, decentralizing the process of promoting and protecting children's rights. The Committee also recommends that further steps be taken by the State party to strengthen coordination through the National Youth Bureau, particularly at the local level.
163. While noting the development of indicators for monitoring the implementation of the Convention, the Committee is still concerned that the current datacollection mechanism is insufficient to ensure the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all 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 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 cover all children up to the age of 18 years, with specific emphasis on those who are vulnerable, including economically exploited children, children of singleparent families, children born out of wedlock, institutionalized children and children of nomadic and hill tribe communities.
164. The Committee expresses concern at the absence of an independent mechanism to register and address complaints from children concerning violations of their rights under the Convention. The Committee suggests that an independent childfriendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations. The Committee also suggests that the State party institute an awarenessraising campaign to facilitate the effective use by children of such a mechanism.
165. The Committee takes note of the State party's increased social expenditure allocations, even in difficult economic circumstances. The Committee remains concerned, however, that in the light of article 4 of the Convention, not enough attention has been paid to making budgetary allocations in favour of children “to the maximum extent of ... available resources”. In the light of articles 2, 3, and 6 of the Convention, the Committee encourages the State party to pay particular attention to the full implementation of article 4 of the Convention by prioritizing budgetary allocations to ensure implementation of the economic, social and cultural rights of children, to the maximum extent of available resources and, where needed, within the framework of international cooperation.
166. While recognizing the efforts of the State party to promote awareness of the principles and provisions of the Convention, the Committee remains concerned that professional groups, children and the public at large are generally not sufficiently aware of the Convention. 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, residing in both rural and urban areas. In this regard, it recommends that the Convention be translated into and made available in all minority or indigenous languages. The Committee also recommends the appropriate, systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, military officers and personnel, teachers, school administrators, health personnel, including psychologists, social workers, officials of central or local administration and personnel of childcare institutions. The Committee encourages the State party to take measures to raise awareness among the media and the public at large concerning the rights of the child. It suggests that the State party seek to ensure that the Convention is fully integrated into school and university curricula. In this regard, 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.
167. The Committee expresses its concern at the low minimum legal age for criminal responsibility. It is also concerned that no legal age is established for the attainment of majority. The Committee recommends that the State party review its legislation in order to bring it into conformity with the provisions of the Convention.
168. The Committee wishes to express its concern that the State party does not appear to have fully taken into account the provisions of the Convention, especially the general principles reflected in its articles 2 (nondiscrimination), 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, or its policies and programmes relevant to children. It is the Committee's view that further efforts must be undertaken to ensure that the principles of the Convention, in particular the general principles, not only guide policy discussion and decisionmaking, but also are appropriately reflected in any legal revisions or judicial and administrative decisions, and in the development and implementation of all projects and programmes which have an impact on children.
169. The Committee acknowledges the efforts made by the State party to reach vulnerable groups. The Committee is still concerned, however, that the measures adopted to ensure that all children are guaranteed access to education and health services and are protected against all forms of exploitation are insufficient. Of particular concern are certain vulnerable groups of children, including girls, children with disabilities, children belonging to minorities including hill tribes, children living in rural areas, children living in poverty, children living and/or working on the streets and asylum seeking children, illegalimmigrant children, children in the juvenile justice system and children born out of wedlock. The Committee recommends that the State party increase its efforts to ensure implementation of the principle of nondiscrimination and full compliance with article 2 of the Convention, particularly as it relates to vulnerable groups.
170. While the Committee notes the efforts made by the State party to encourage the participatory rights of children, it is concerned that traditional practices, culture and attitudes still limit the full implementation of article 12 of the Convention. The Committee recommends that the State party seek to develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within the family, as well as within the school, care and judicial systems.
171. The Committee notes that the State party has enacted legislation to guarantee registration at birth (the Registration of Inhabitants Act), but is concerned that many children are still not registered, particularly those living in nomadic and hill tribe communities. In the light of article 7 of the Convention, the Committee recommends that the State party increase its efforts to raise awareness among government officers, community leaders and parents to ensure that all children are registered at birth. The Committee also encourages the State party to adopt measures to regularize the situation of hill tribe children and provide them with documentation to guarantee their rights and facilitate their access to basic health, education and other services.
172. The Committee notes the State party's efforts to prohibit the use of corporal punishment in schools. It is concerned, however, that corporal punishment is still practised and that domestic legislation does not prohibit its use within the family, the juvenile justice and alternative care systems, and generally within the society. In this regard, the Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit corporal punishment within the family, the juvenile justice and alternative care systems and generally within the society. It further suggests that awarenessraising 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, especially article 28.2.
173. The Committee notes the establishment by the State party of a programme to encourage the reinforcement of the family environment and to strengthen parenting skills among both parents. The Committee remains concerned, however, at the high rate of abandonment of children, especially children born out of wedlock and children of poor families. In this regard, the Committee also expresses concern at the lack of adequate alternative care facilities and qualified personnel in this field. The Committee recommends that the State party increase its efforts to provide support, including training, for parents, to discourage the abandonment of children. It is also recommended that the State party develop additional programmes to facilitate alternative care, including foster care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions.
174. The Committee notes the efforts by the State party to provide protection to child victims. However, the lack of awareness and information on domestic violence, the illtreatment and abuse of children, including sexual abuse - both within and outside the family - the lack of appropriate resources - both financial and human - and the lack of adequately trained personnel to prevent and combat abuse remain matters of concern. In the light of article 19, the Committee recommends that the State party undertake studies on domestic violence, illtreatment and abuse, including sexual abuse, to understand the scope and nature of the phenomenon, in order to adopt adequate measures and policies and contribute to changing traditional attitudes. It also recommends that cases of domestic violence and illtreatment and abuse of children, including sexual abuse within the family, be properly investigated within a childfriendly judicial procedure, that sanctions be applied to perpetrators and that publicity be given to decisions taken in such cases, due regard being given to protecting the right to privacy of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, illtreatment, violence or exploitation, in accordance with article 39 of the Convention, and prevention of the criminalization and stigmatization of victims.
175. While the Committee notes the efforts of the State party to reduce the child and infant mortality rates, it is still concerned at the persistence of poor breastfeeding practices and the high rate of malnutrition. The Committee encourages the State party to develop comprehensive policies and programmes to promote and improve breastfeeding practices, to prevent and combat malnutrition, especially among vulnerable and disadvantaged groups of children, and consider seeking technical assistance for the integrated management of childhood illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.
176. The Committee is particularly concerned over the absence of data on adolescent health, including on teenage pregnancy, abortion, suicide, accidents, violence, substance abuse and HIV/AIDS. In this regard, the Committee recommends that the State party increase its efforts to promote adolescent health policies and strengthen reproductive health education and counselling services. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and sexually transmitted diseases. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth friendly care and rehabilitation facilities for adolescents.
177. The Committee is concerned that the State party has not yet fully implemented the Rehabilitation of the Disabled Act of 1991. In this regard, the Committee also expresses its concern at the lack of adequate facilities and services for persons with disabilities, including children. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), the Committee recommends that the State party develop early identification programmes to prevent disabilities, implement alternatives to the institutionalization of children with disabilities, establish special education programmes for children with disabilities and encourage their inclusion in society. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities. International cooperation from, inter alia, UNICEF and WHO can be sought to this effect.
178. While the Committee notes the high rate of school enrolment, particularly at the primary level, and the recent initiative to establish additional schools in rural communities, it is still concerned that some children, particularly those living in poverty and in nomadic and hill tribe communities, do not have access to education. In the light of the recent economic constraints, the Committee is also concerned at the number of children, particularly girls, leaving school prematurely to engage in labour.
The Committee recommends that all appropriate measures be taken to provide equal access to education for all children in Thailand. The Committee further recommends that the State party seek to implement additional measures to encourage children, particularly girls and children from poor and hill tribe families, to stay in school, and to discourage early employment.
179. The Committee notes the efforts of the State party to ensure protection and humanitarian assistance to displaced children. The Committee expresses its concern, however, that the legal framework for protection of unaccompanied and asylumseeking children remains unclear. It is also concerned at the situation of children deprived of their liberty placed in immigration detention centres, especially in view of the lengthy detention periods. The Committee recommends clarification of the State party's legislative framework to ensure adequate protection of unaccompanied and asylum seeking children, including in the field of physical safety, health and education. Procedures should also be established to facilitate family reunification. All appropriate measures should be taken by the State party to avoid the placement of asylum seeking children in immigration detention centres. The State party may consider seeking assistance from UNHCR in this regard. The Committee also suggests that the State party consider ratifying the 1951 Convention relating to the Status of Refugees and its 1966 Protocol, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
180. While welcoming the recent adoption of the Labour Protection Act of 1998, in which the minimum legal age for access to work has been increased from 13 to 15 years, the Committee remains concerned at the high rate of economic exploitation, as well as at the increasing number of children leaving school, sometimes at an early age, to work to support themselves and their families. In this regard, the Committee encourages the State party to
introduce monitoring mechanisms to ensure enforcement of labour laws. The Committee also suggests that the State party consider ratifying ILO Convention No. 138 concerning the minimum age for admission to employment.
181. The Committee expresses concern at the continuing high rate of sexual abuse of children, including child prostitution and trafficking and sale of children, which affects both girls and boys. In this regard, the Committee recommends that measures be taken, on an urgent basis, to strengthen law enforcement and to implement the State party's national programme of prevention. Further, the State party should seek to step up its efforts to implement an awarenessraising campaign and a thorough monitoring system at the community level. Rehabilitation within, as well as outside of, institutions should be further enhanced. In an effort to combat effectively intercountry trafficking and sale of children, the Committee suggests that the State party increase its efforts in the area of bilateral and regional agreements with neighbouring countries to facilitate the repatriation of trafficked children and encourage their rehabilitation, including within the framework of the regional Mekong Conference on Migration. The Committee urges the State party to continue implementing the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children. It also recommends that the State party envisage ratifying the 1949 Convention for Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.
182. While the Committee notes that the State party has enacted legislation relating to the establishment of juvenile courts, it is still concerned at the general situation with regard to the administration of juvenile justice and in particular its compatibility with the Convention, as well as other relevant United Nations standards. The Committee is particularly concerned that the juvenile justice system is not implemented throughout the State party. The Committee is also concerned at reported cases of ill-treatment of children by law enforcement personnel. The Committee recommends that the State party consider taking additional 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 this 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 protecting the rights of children deprived of their liberty and to expanding the juvenile justice system to ensure full coverage throughout the State party. Training programmes on relevant international standards should be organized for all professionals involved with the system of juvenile justice. The Committee also recommends that the State party consider ratifying the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Committee suggests that the State party consider seeking technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice in Juvenile Justice.
183. The Committee notes the recommendations proposed by the State party in its initial report regarding the implementation of the Convention. The Committee encourages the State party to implement the proposed recommendations.
184. Lastly, the Committee recommends that, in the 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 consideration be given to publishing the report, along with the relevant summary records and the present concluding observations of 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 and the general public, including non-governmental organizations.
III. OVERVIEW OF THE OTHER ACTIVITIES OF THE COMMITTEE
A. Review of developments relevant to
the work of the Committee
185. During the session, the Committee was informed by members about various meetings in which they had participated.
186. The Chairperson, Ms. Mason, informed the Committee about the main decisions taken and recommendations made at the tenth meeting of persons chairing the human rights treaty bodies, which had been held in Geneva from 14 to 18 September 1998 (see A/53/432, annex). The Committee discussed the importance of the proposed guidelines on gender perspective presented to that meeting by International Women’s Rights Action Watch (IWRAW); they included some aspects which the Committee could consider, although most of the proposed guidelines were already reflected in the work of the Committee.
187. The Chairperson also informed the Committee about her visit to Manila, where she had taken part in a regional workshop on “Complying with standards of implementation of the Convention on the Rights of the Child Issues of concern to ASEAN”, held from 18 to 20 July 1998. In her interventions at the workshop, she had provided an overview of the reporting process and had reflected on the Committee’s view of the main challenges faced by States parties in the region. Both government and nongovernmental organization representatives participated in the workshop, whose main objective was the sharing of examples of best practices wih respect to implementation of the Convention, based on the experience of States parties. The workshop was also designed to explore the possibility of establishing coordination mechanisms to assist States in establishing programmes that would improve the living conditions of children and further implementation of the Convention. The workshop brought together persons actively concerned with the implementation of the Convention who needed further training in its requirements. During the same visit, Ms. Mason was received by the President of the Republic of the Philippines, Mr. Joseph Estrada. The President pointed out his intention of referring to the importance of the Convention on the Rights of the Child in the speech he would deliver during the meeting of the Association of SouthEast Asian Nations (ASEAN) that was about to take place in Manila.
188. Mr. Kolosov mentioned his participation in the annual Summer Course on Children’s Rights held in Ghent, Belgium, from 27 June to 4 July 1998. Mr. Kolosov was present from 2 to 4 July and lectured to participants on the juridical significance of the Convention on the Rights of the Child and on the methods of work of the Committee on the Rights of the Child. He had also participated in the Conference on Commercial Sexual Exploitation of Children in the Baltic Sea Region, held in Tallin, Estonia, on 3 and 4 September 1998, and on 29 September 1998 had taken part in a conference on the establishment of Ombudsmen for children in Italy, held in Rome, at which he had delivered the keynote speech, focusing on the importance of the role of Ombudsperson and on the Committee’s views on the issue. He had also been asked to deliver the concluding comments for the meeting, and in addition was interviewed for Italian radio stations.
189. Mrs. Mokhuane informed the Committee about her participation in a conference and training session for nongovernmental organizations and for UNICEF officials in the East and SouthWest Africa region on the situation of children in armed conflict, held in Kenya from 2 to 7 September 1998. She had been invited by the UNICEF East Africa office as a resource person and had presented a paper on psychosocial care as a right of the child from the perspective of the Convention on the Rights of the Child. The conference had focused on the guiding principles of the Convention on the Rights of the Child in relation to armed conflict, and stressed the need to focus on healing, rather than on trauma, for children to participate in their own recovery, as well as the provision of appropriate psychosocial services across all sectors and the reinforcement of existing social services. As a result of the training session, a request was made for the Committee to promote the adoption of the Optional Protocol on Children in Armed Conflict, so as to raise the minimum age of recruitment into armed forces or involvement in armed conflict from 15 to 18 years.
190. Mrs. Palme informed the Committee about her participation, together with Mr. Kolosov, in the Conference on Commercial Sexual Exploitation of Children in the Baltic Sea Region, at which she had delivered the opening address. She had also taken part in a conference on children in the asylum process, with participants from around Europe, organized by the Department of Foreign Affairs of Sweden in Sigtuna, Sweden, on 3 and 4 September 1998, at which she had presented a report on the activities of the Committee, focusing on its handling of article 22 of the Convention.
191. Mr. Rabah had attended a series of seminars on child rights and juvenile justice for judgestobe and social workers held in Beirut from 30 June to 3 July 1998 and organized in collaboration with the Institute of Judicial Studies, UNICEF, Terre des Hommes and the International Centre for Crime Prevention in response to the concluding observations of the Committee on the report presented by Lebanon in 1995, which emphasized the need to train the various categories of professionals dealing with juvenile delinquents.
192. Mrs. Sardenberg had chaired the Panel on Judicial and Administrative Cooperation in Family Law Matters held in The Hague on 4 July 1998. The panel was sponsored by The Hague Conference on Private International Law, as part of an initiative by the T.M.C. Asser Institute in the context of the celebration of the 750th anniversary of the city of The Hague. Mrs. Sardenberg stressed the relevance of the Convention on the Rights of the Child as the major international legal reference for the protection of children’s rights, as it incorporated the perspective of their rights in all matters relating to children and provided the inspiration for a new ethical approach based on the democratic participation of the child. Members of the panel had raised the question of the development of cooperative mechanisms within the framework of The Hague Conventions relating to the protection of children, as well as on the specific issue of child abduction. Mrs. Sardenberg mentioned that the format and contents of the Panel highlighted the concrete possibilities raised by the complementarity and interaction between the Convention on the Rights of the Child and The Hague Conventions for the protection of children at all levels.
193. From 25 to 26 June 1998, Mrs. Karp had chaired the first meeting of the Coordination Panel on Technical Advice and Assistance in Juvenile Justice (established by the Economic and Social Council in its resolution 1997/30), held in Vienna. The objective of the Panel was to enhance, coordinate and strengthen technical cooperation in the area of juvenile justice. The Coordination Panel was composed of the Committee on the Rights of the Child, the Office of the High Commissioner for Human Rights (OHCHR), UNICEF, the Centre for International Crime Prevention (CICP) and the International Network on Juvenile Justice, which linked nongovernmental organizations working in the area. Mrs. Mary Robinson, United Nations High Commissioner for Human Rights, had opened the meeting. OHCHR had presented to other members of the Coordination Panel the preliminary survey on technical advice and assistance on issues covered by the Convention on the Rights of the Child, prepared under the Plan of Action to strengthen the implementation of the Convention. The meeting had provided an ideal framework for the work carried out under the Plan of Action to facilitate, through limited and targeted projects, followup of the recommendations formulated by the Committee in the area of juvenile justice. The Panel made the following six recommendations:
(a) Members of the Panel would take all appropriate measures and coordinate their action to establish new/reinforce existing technical assistance projects in the area of juvenile justice in six countries (Uganda, Bangladesh, Guatemala, Lebanon, Philippines and Viet Nam);
(b) Members of the Panel would review the draft training manual on juvenile justice, “The child criminal justice manual”, commissioned by CICP. Members of the Panel should also express their potential interest in joint publication of this manual;
(c) Regarding the proposed “model law” for juvenile justice elaborated by two CICP experts, the Panel agreed on the need to improve the existing draft. For that purpose, it was suggested that a small group of experts meet to finalize the project. Such a meeting could be sponsored by the Ministry of Foreign Affairs of Austria.
(d) The draft “information kit on technical cooperation in the area of juvenile justice” was presented to the members of the Panel. It was agreed that it still needed to be improved. Once finalized the information kit would be sent regularly to States parties two to three months before their representatives came to Geneva to discuss their report with the Committee on the Rights of the Child. If requested by States parties, staff of OHCHR and/or UNICEF and/or the International Network for Juvenile Justice would meet with delegations to discuss possible technical cooperation projects in the area of juvenile justice. The information kit could be sent to States parties by OHCHR together with the list of issues;
(e) At the country level, UNICEF representatives would follow up on the recommendations made by the Committee on the Rights of the Child following the consideration of States' reports during its seventeenth and eighteenth sessions, especially in the field of juvenile justice;
(f) The Panel noted with great appreciation the publication of the preliminary survey on technical advice and assistance under the Convention on the Rights of the Child undertaken by OHCHR under the Plan of Action to strengthen implementation of the Convention. It welcomed the fact that the survey would be updated regularly by OHCHR and its partners. It recommended that the section regarding OHCHR be merged with the one covering other United Nations agencies and bodies. It also recommended that the survey be put on the OHCHR Website. The Panel also recommended that, in the long term, the survey be extended to nongovernmental organizations. In that regard, the planned database on technical assistance projects in the area of juvenile justice could serve as a starting base.
194. Mr. Fulci informed the members of the Committee on the meeting of the United Nations Security Council on 29 June 1998 regarding children in armed conflict, in which Mr. Olara Otunnu, Special Representative of the SecretaryGeneral on children in armed conflicts had participated. Mr. Fulci noted that it had been the first time the Security Council had held a meeting specifically focusing on a child rights issue. Mr. Fulci also mentioned that during its annual Executive Board meeting (811 September 1998), UNICEF had adopted a mediumterm plan for the period 19982001 which strongly reaffirmed that child rights were gradually becoming central to UNICEF country programmes. He also informed the Committee on the new law regarding sexual exploitation, approved in Italy by the Senate on 30 July 1998; it also covered the issue of sexual tourism involving children. Finally, Mr. Fulci discussed the results of the Diplomatic Conference held in Rome in June 1998 at which the International Criminal Court was established. He specified that some child rights components had been reflected in the statute of the Court.
B. Cooperation with United Nations and other competent bodies
195. During the presessional working group to the present session, held from 812 June 1998, the Committee held various meetings with United Nations bodies and specialized agencies, as well as of other competent bodies, in the framework of its ongoing dialogue and interaction with these bodies in the light of article 45 of the Convention.
196. On 8 June 1998, representatives for the World Health Organization (WHO) briefed the Committee on recent changes in their organization and the resulting impact on the work of the Committee. They specified that WHO would in the future integrate human rights in a more systematic manner in its activities and that its support to the reporting process of the Committee would be reinforced.
197. On 9 June 1998, the Committee held a meeting with Mr. Trond Wage, Ombudsman for Children in Norway and Chair of the European Network of Ombudspersons for Children (ENOC). He presented the main aspects of his work as Ombudsperson in Norway and the objectives of ENOC; he also discussed with members of the Committee the different structures and mandates within which Ombudspersons for children function in many countries and highlighted achievements which could be realized through this type of independent mechanism.
198. On 11 June 1998, Committee members met with two representatives of the United Nations High Commissioner for Refugees, who updated them regarding the current main areas of concern to that organization regarding children: lack or insufficient access to education for children living in refugee camps; detention of asylumseeking children; absence of systematic birth registration in refugee camps or settings; difficulties encountered by States in implementing the child’s right to family reunification and forced military recruitment of refugee children and adolescents.
199. During the session, the Committee held meetings 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.
200. On 22 September 1998, the Committee met with Ms. Judith Ennew, who presented the main results of a project developed by Childwatch International, an international research network set up to facilitate and support the implementation of the Convention on the Rights of the Child. Ms. Ennew referred to previous meetings with the Committee and discussed the results of the project, “Monitoring children’s rights: indicators for children’s rights project”, developed in response to the need expressed by the Committee to be provided with specific indicators following a rightbyright approach (see CRC/C/16). Five country case studies (Senegal, Zimbabwe, Viet Nam, Thailand and Nicaragua) had served to identify the main issues that must be addressed so that the data used to monitor the implementation of children’s rights could be converted into proper statistics, and then transformed into more appropriate indicators which could be used to monitor change over time. One component of the project had been to provide training to civil servants in that area. The current phase would end in December 1998. The Committee hoped that Childwatch International would continue its work in that area and keep the Committee periodically informed.
201. On 30 September 1998, the Committee held a meeting with
Mr. Stuart Maslen, Coordinator of the Coalition to Stop the Use of Child Soldiers, recently launched by a steering committee of international nongovernmental organizations, including Amnesty International, Human Rights Watch, International Federation Terre des Hommes, International Save the Children Alliance, Jesuit Refugee Service, Friends World Committee for Consultation (Quakers), and Defence for Children International. The Committee welcomed the Coalition’s plans for a major international campaign to mobilize public opinion and political will in favour of the adoption of an optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts aimed at the legal prohibition of any form of participation by persons under 18 years of age in armed conflict, including their voluntary or mandatory recruitment. The Coalition’s campaign plans included the holding of a series of regional conferences in 1999 to disseminate information, plan action and build up momentum in States in favour of the adoption of the optional protocol. They would culminate in an international conference in the year 2000 which would issue a declaration supported by a large number of States. In answer to questions from the Committee, Mr. Maslen indicated that Coalition members were active in proposing draft formulations for the optional protocol and had also been working closely, among other agencies and bodies, with the Office of the United Nations High Commissioner for Human Rights, with UNICEF and with the Office of the Special Representative of the SecretaryGeneral on the Impact of Armed Conflict on Children, most recently in connection with the use of child soldiers in conflicts in some States parties to the Convention.
202. The Committee also met, on 6 October 1998, with Ms. Catherine von Heidenstam, the newly appointed ChairpersonRapporteur of the working group of the Commission on Human Rights, set up pursuant to Commission resolution 1994/91 to examine the question of a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts. The Chairperson of the working group reported to the Committee on the conduct of negotiations, the lack of success in adopting a draft text at the last meeting of the working group, held in February 1998, and the extensive consultations she had been holding, as mandated by the Commission in its resolution 1998/76, to establish how agreement could be reached and the best way for the formal negotiations to proceed. The Committee welcomed the opportunity to discuss those developments with the Chairperson of the working group. By a letter dated 9 October 1998, the Chairperson of the Committee transmitted the comments of the Committee for inclusion in the report to be prepared by the SecretaryGeneral for the next session of the working group.
203. During the discussion, the Committee restated its strong support for the adoption of an optional protocol, recalling that the drafting process had originated in response to a request formulated by the Committee during its general discussion day on children in armed conflicts in 1992, at its second session. The Committee urged, once again, all States parties to the Convention on the Rights of the Child to consider the need to adopt an optional protocol to the Convention which would prohibit the recruitment, including voluntary enlistment, of children under the age of 18 and their direct or indirect involvement in armed conflicts. The Committee attaches the greatest importance to this drafting exercise, having expressed its concern at the negative effect of armed conflicts on children from the beginning of its examination of the reports of States parties and having repeatedly encouraged States parties to adopt decisive measures, in particular raising to 18 years the age for voluntary or mandatory recruitment into armed forces. The Committee reiterated its repeatedly expressed view that a new legal instrument was required to strengthen the levels of protection ensured by the Convention, and expressed its hope that agreement on the adoption of an optional protocol would allow States parties to demonstrate their renewed commitment to safeguarding the rights of the child, before the tenth anniversary of the adoption of the Convention on the Rights of the Child. The Committee recalled
that the adoption of such an optional protocol would provide an opportunity for States parties who were in a position to do so, and only for them, to accept its provisions.
204. On 6 October 1998, 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 those bodies in the light of article 45 of the Convention.
205. The representatives of UNICEF drew the attention of the Committee to the imminent publication of the State of the World’s Children, the 1998 edition of which would focus on the right to education. They also informed the Committee about the interest attracted by an article on the importance of birth registration as a fundamental right, included in The Progress of Nations 1998. UNICEF had also published UNICEF and Humanitarian Crises, which provided an overview of its operational and programme strategies. UNICEF representatives also informed the Committee about two projects of particular relevance to the implementation of the Convention. In the first, the consultants who had prepared the Implementation Handbook would be developing a Living Guide in which detailed information on positive models and examples of general measures of implementation would be compiled that would be available through the Internet. In the second, UNICEF would focus on the right of children to express their views and would develop a project in 10 pilot countries to explore strategies which could be used to ensure genuine and representative involvement of children in the process of monitoring the implementation of the Convention and in the process of reporting to the Committee.
206. A representative of the Office of the United Nations High Commissioner for Refugees (UNHCR) informed the Committee about recent changes in policy and structure involving the establishment of new positions of policy advisers on refugee children in four regional offices; those changes were designed to ensure that increasing attention was given to the specific needs of refugee children. UNHCR had recently submitted comments on the draft optional protocol on the involvement of children in armed conflict and on the draft optional protocol on the sale of children, child prostitution and child pornography. The representative of UNHCR also informed the Committee that budgetary constraints were putting at risk some of UNHCR’s efforts to ensure access to adequate education services for refugee children. Emphasis had also been placed recently on “peace education” programmes which sought to raise awareness about tolerance and conflict resolution mechanisms, as a contribution to preventing incidents of racism and xenophobia that might eventually result in refugee crises. The Committee was also informed about efforts to deal with the problem of sexual exploitation of refugee children, and in particular the difficulties faced by refugee women and girls, who could run a high risk of being raped.
207. A representative of the Office of the High Commissioner for Human Rights (OHCHR) briefed the Committee on activities undertaken by the Office which were of particular relevance to children’s rights. The Committee was provided with updated reports on the work of, inter alia, the working group drafting the optional protocol on the sale of children, child prostitution and child pornography, and the Special Rapporteur on the sale of children, child prostitution and child pornography, whose next report to the Commission on Human Rights would deal with trafficking. Trafficking was also a priority issue for the Working Group on Contemporary Forms of Slavery of the SubCommission on Prevention of Discrimination and Protection of Minorities. The High Commissioner had also decided to give priority to that subject, and a project had been drawn up to raise public awareness without overlapping with existing activities, primarily by introducing the issue at the highest political level, in meetings held by the High Commissioner.
208. The Committee was also informed about the latest activities of the NGO Group for the Convention on the Rights of the Child, which had recently issued a revised version of its guide for nongovernmental organizations reporting to the Committee on the Rights of the Child.
209. From 7 to 9 October 1998, UNICEF organized an expert consultation on “Preventing violence in the family” in Geneva, in which three members of the Committee, Mrs. Karp, Mrs. Mboi and Mrs. Mokhuane, participated. The consultation was followed on 9 October 1998 by a public briefing session, involving members of the Committee on the Elimination of Discrimination against Women and of the Committee on the Rights of the Child, which
explored the role of both treaty bodies in the prevention of violence in the family. Mrs. Karp presented a statement on “The Convention on the Rights of the Child: perspectives on the prevention of violence in the family” on behalf of the Committee.
C. General discussion on children living in a world with HIV/AIDS
210. In the light of rule 75 of its provisional rules of procedure, the Committee on the Rights of the Child has decided periodically to devote one day of general discussion to a specific article of the Convention or to a theme in the area of the rights of the child in order to enhance understanding of the contents and implications of the Convention.
211. At its seventeenth session, the Committee decided to devote its next day of general discussion, to be held on 5 October 1998, to the issue of “Children living in a world with HIV/AIDS”.
212. In an outline prepared to guide the general discussion, the Committee pointed out that the HIV/AIDS epidemic had drastically changed the world in which all children lived. Millions of children had been infected and died worldwide since the beginning of the epidemic. Later research had pointed out that women and children, initially considered to be only marginally affected, were increasingly becoming infected; the majority of new infections in many parts of the world concerned young people between the ages of 15 and 24. Younger children were predominantly infected by HIVpositive mothers who were not aware of their infection and transmitted the virus to their children before or during birth or through breastfeeding. Adolescents were also highly vulnerable to HIV/AIDS, and more so because their early sexual experiences often took place without access to proper information. The epidemic had also increased victimization of children living in particularly difficult circumstances, who were at greater risk of infection, which in turn led to stigmatization and greater discrimination. The Committee stressed the relevance of the rights contained in the Convention on the Rights of the Child to prevention efforts, recalling that HIV/AIDS was often seen primarily as a medical problem, while the holistic, rightscentred approach required to implement the Convention was more appropriate to the much broader range of issues which must be addressed by prevention and care efforts.
213. The Committee identified five main areas to be considered during the day of general discussion:
(i) Identifying and understanding the rights of children living in a world with HIV/AIDS and evaluating their status at the national level;
(ii) Promoting the general principles of the Convention in the context of HIV/AIDS, including nondiscrimination and participation;
(iii) Identifying best practices in the implementation of rights related to the prevention of HIV/AIDS infection, and the care and protection of children infected or affected by the epidemic;
(iv) Contributing to the formulation and promotion of childoriented policies, strategies and programmes to prevent and combat HIV/AIDS;
(v) Promoting the adoption at the national level of approaches inspired by the international guidelines on HIV/AIDS and human rights jointly issued by the Office of the United Nations High Commissioner for Human Rights and the Joint United Nations Programme on HIV/AIDS.
214. As for previous thematic discussions, the Committee invited representatives of United Nations organs, bodies and specialized agencies, as well as other competent bodies, including nongovernmental organizations, research and academic organizations, individual experts and children, to contribute to the discussion.
215. Several organizations and individual experts submitted contributions and other relevant documents on this theme. The list of these contributions is contained in annex VI.
216. Representatives of the following organizations and bodies participated in the day of general discussion:
Governmental bodies
Permanent Mission of Germany to the United Nations Office at Geneva, Permanent Mission of Sweden to the United Nations Office at Geneva, Swedish International Development Agency (SIDA).
United Nations entities and specialized agencies
Food and Agriculture Organization of the United Nations, International Labour Organization, the Joint United Nations Programme on HIV/AIDS (UNAIDS), the NGO Liaison Office of the United Nations Office in Geneva, the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, the United Nations Children's Fund, the World Health Organization.
Non-governmental organizations
Association François-Xavier Bagnoud (FXB) Uganda, Arab Organization for Human Rights, Casa Alianza, Children's Forum 21, Children's Rights Office (UK), Coalition Against Trafficking in Women, Defence for Children International (DCI), DCI Israel, Enfants du monde-Droits de l'homme, Federation for the Protection of Children's Human Rights (Japan), FXB Centre for Health and Human Rights, International Baby Food Action Network, International Council of Women, International Federation of Social Workers, International Inner Wheel, International Women's Anthropology Conference, International Women's Rights Action Watch (IWRAW), New Humanity, NGO Group on the Convention on the Rights of the Child, NGO Group/Focal Point on Sexual Exploitation, NGO Working Group on Nutrition, Save the Children International Alliance, Save the Children UK, Save the Children USA, Swedish Save the Children, World Federation of Methodist Women, World Association of Girl Guides and Girl Scouts, World Vision International.
217. The meeting was opened by Ms. Sandra Mason, Chairperson of the Committee, who welcomed participants and expressed the hope that the discussion would be a source of useful information, facilitate understanding of the relevant issues and lead to the formulation of recommendations that would assist the Committee, States parties, and other partners in their promotion of the implementation of the Convention on the Rights of the Child. She reminded participants of the key objectives set by the Committee for the day of discussion.
218. The first half of the morning session was dedicated to the statements by the High Commissioner for Human Rights, Mrs. Mary Robinson, by the Executive Director of the Joint United Nations Programme on HIV/AIDS (UNAIDS), Mr. Peter Piot, by the Rapporteur of the Committee on the Rights of the Child, Mrs. Nafsiah Mboi, and by four young representatives of the Children's Forum of Nepal.
219. The High Commissioner for Human Rights welcomed the holding of a discussion day on the theme of children living in a world with HIV/AIDS. Infants, young children and adolescents were all confronted with a serious challenge to the enjoyment of their rights as a result of the pandemic. The Convention on the Rights of the Child and in particular the four general principles that it enunciated, provided a powerful framework for efforts to reduce the negative impact of the disease on the lives of children. She emphasized the limits on a child's capacity to influence his or her own behaviour or that of others to prevent HIV infection, often compounded by the denial of access to information. She drew the attention of participants to the relevance of the international guidelines on HIV/AIDS and human rights, elaborated jointly by her Office and UNAIDS.
220. Mr. Piot highlighted the need to find ways to ensure that the needs of children were fully considered in HIV/AIDS prevention and care strategies and the potential of the Convention on the Rights of the Child, and human rights treaties in general, in work on HIV and AIDS. He recalled that UNAIDS has already used the theme of “Children living in a world with AIDS” to raise awareness about the integration of the needs of children into activities that were mainly being targeted at adults. Mr. Piot pointed out that millions of children were now infected by HIV, while even more were affected by the epidemic as it spread through their families and communities. UNAIDS was concentrating on the potential of young people to help change the course of the epidemic, as prevention efforts could work spectacularly well among young people. He shared with participants the four main lessons that UNAIDS had learnt: first, that adolescents were effective peer educators for HIV prevention; second, that schools must teach “life-skills education”, that was to say, skills in communicating on sexuality and healthy living; third, the need for youth friendly health services; and fourth, that children needed to be active participants in the search for a response to the epidemic. The key objective for HIV/AIDS policies dealing with children must be to empower children to protect themselves. In addition, efforts to confront the epidemic must deal with structural factors which made it impossible for people to protect themselves, including generalized attitudes which served as barriers to education and the provision of health services. The process of reporting to the Committee on the Rights of the Child provided an ideal opportunity for all partners at the national level to assess progress in prevention and care, and to map out future courses of action. He concluded by reminding participants that the bottom line in HIV prevention was the need to apply what is known to work, even when it required tough and unpopular political choices. That included investing resources in putting young people at the centre of the response to the epidemic and empowering them to be forces for change.
221. Mrs. Mboi said that the Committee on the Rights of the Child was looking for ways to increase its effectiveness in helping to mobilize global awareness and action on behalf of the children who now faced a special risk in a world with AIDS. She reminded participants that what had initially been seen as a health problem had increasingly been recognized as a highly complex phenomenon where many different factors came into play. The Convention on the Rights of the Child, with its comprehensive approach, was particularly relevant to the experience of children with HIV/AIDS. It was explicit, for example, about the right of children to protection against poverty, sexual abuse or sexual exploitation, and equally clear about the right to education, access to information, or adequate health care. The indivisible and interdependent nature of the Convention's articles made it a uniquely appropriate tool to promote a child's empowerment. The protection of rights could save a life, or ensure an acceptable quality of life for a child infected and/or affected by HIV and AIDS. She then pointed out the interrelation between the three topics of discussion chosen for the morning session, non-discrimination, prevention and care. In conclusion, Mrs. Mboi emphasized that while Governments had a primary responsibility in promoting and protecting children's rights, experience had taught the Committee that the larger the role played by civil society, the greater the likelihood that rights would be well reflected in local and national agendas. Of course, the role that young people could and should play in HIV/AIDS matters was even more essential.
222. Four young representatives of the Children's Forum of Nepal also made brief statements. Tejman Raika described the activities of the Forum, which had allowed him to learn about the Convention on the Rights of the Child, and to request and receive information on HIV/AIDS which could be passed on to other members of the Forum through peer education. Radhika Mishra mentioned early marriage as a particularly important problem, as it interrupted education, in particular that of young girls, who were then cut off from access to information and become more vulnerable to HIV/AIDS, which could be transmitted to them by their own husbands. Unfortunately, some older men held the mistaken belief that their infection could be cured through sexual contact with young girls. Sandesh Koirala said that reluctance to talk about sex was a strong characteristic of national culture that limited access to information about safe sex. Infected children lost their right to survival, while those affected through the infection of their parents might see their right to education and development compromised. Ganga Rimal explained that young people active in the Children's Forum had sought to increase knowledge about HIV/AIDS among their peers, to discuss those issues with them, to give lectures in their schools and to conduct competitions among other students. The children pointed out that their own education efforts were more relevant to other children, and that they needed adults to allow them to carry out those activities and to support their initiatives, giving equal weight to children's and adult's rights. They would like to see HIV/AIDS education integrated into the school curricula, health services made more youth friendly, increased support provided to street children and, in general, better education and opportunities made available to children.
223. UNICEF presented a CD-Rom projection on “Children living in a world with HIV/AIDS: new challenges, new choices”, which described graphically the impact that the pandemic was having on the lives of children around the world.
224. After the introductory statements, Mrs. Sofia Gruskin, from the FrançoisXavier Bagnoud Centre for Health and Human Rights, emphasized that although the three discussion groups would focus on non-discrimination, prevention and care issues, in practice prevention and care were increasingly recognized as being part of the same continuum, and as complementary rather than distinct strategies to address the epidemic, while the issue of non-discrimination was also a key component of prevention and care strategies. Addressing the issue of non-discrimination would start the discussion from the point of view of rights, while prevention and care often started their analysis of HIV/AIDS problems from the point of view of public health strategies, although in fact they required a much more comprehensive approach.
225. The participants then divided into three groups for the rest of the morning session. Discussion Group I, on “Non-discrimination” was chaired by Mrs. Lisbeth Palme; Mr. Mark Connolly and Mrs. Miriam Maluwa, both of UNAIDS, served as facilitators for the discussion and the rapporteur was
Mrs. Cecilia Thompson, of the Office of the High Commissioner for Human Rights. Discussion Group II, on “Prevention” was chaired by Mrs. Queenie Mokhuane, with Mrs. Sofia Gruskin, of the FXB Centre for Health and Human Rights serving as facilitator and Mrs. Gerison Lansdown, of the Children's Rights Office (UK) as rapporteur. Discussion Group III, on “Care” was chaired by Mrs. Nafsiah Mboi; Mr. Bertil Linblad, of UNICEF, was the
facilitator and Mr. Markus Stalhöffer, of the World Health Organization, served as rapporteur. Mr. Bruce Abramson, a consultant for UNAIDS, served as rapporteur for the day of discussion.
226. During the afternoon session, the rapporteurs of the three discussion groups presented to the plenary meeting the main issues of concern that had been identified by each group. The presentation of the results of the group discussions was followed by a general discussion. At the end, Mr. Abramson, rapporteur for the day of discussion, presented a summary of the main issues raised during the day.
227. The discussions emphasized the interconnection between HIV/AIDSrelated strategies and a rightscentred approach to the child. It was suggested that HIV/AIDS was similar to other problems faced by children, in that the same factors that compromised the enjoyment of other rights increased the vulnerability of children in the context of the HIV/AIDS epidemic. They included, for example, poverty, gender discrimination and the difficulties faced by children in need of special protection, whether institutionalized, living in the streets, involved in armed conflicts or substance abuse, exploited and abused, etc. The holistic approach enshrined in the Convention on the Rights of the Child meant that promoting its implementation could be a powerful tool in addressing the needs of children suffering from the tragic consequences of the epidemic. Further dissemination of and training on the Convention was needed in the context of HIV/AIDS efforts. However, a point that attracted attention was the need to avoid singling out HIV/AIDS for special attention that ignored similar problems faced by other children. For example, strategies designed to provide care for the growing number of orphans that the epidemic was causing must be targeted to all orphans in the community; focusing solely on those orphaned by AIDS must be avoided.
228. Participants referred to the need to make more and better use of existing and new international legal instruments that would assist in the effort to improve HIV/AIDS prevention and care. While repeated reference was made to the international guidelines on HIV/AIDS and human rights, other instruments could also be of use. For example, the new ILO standards were intended to prevent the worst forms of child “labour” that contributed to increased vulnerability, including the sale and trafficking of children, child prostitution, involvement of children in the production and trafficking of drugs, etc.
229. The discussion identified several areas in which States should be encouraged to review existing laws or enact new legislation: to fully implement article 2 of the Convention on the Rights of the Child and in particular to prohibit discrimination based on real or perceived HIV status; to guarantee inheritance rights and security of tenure for children, irrespective of their gender; to regulate the minimum age for access to health counselling, care and welfare benefits; to guarantee the right of children to have access to HIV-related information and to voluntary testing, as well as to protection against mandatory testing; to protect children against sexual abuse and provide for rehabilitation of victims and the prosecution of perpetrators; and to recognize the specific rights of the child to privacy and confidentiality with respect to HIV/AIDS.
230. Participants agreed on the need to recognize that children were holders of rights and had a right to participate, in accordance with their evolving maturity, in the development of policies and programmes related to HIV/AIDS information and education. Children had a right to express their opinion and have it taken into account. The children from Nepal requested that the programmes and policies prepared by States, international agencies and NGOs provide the support that would allow children to participate fully and actively in the planning and implementation of strategies designed to provide HIV/AIDS prevention and care in a non-discriminatory manner. The participation of children and adolescents, and in particular girls, as peer educators, both within and outside of schools should be actively promoted. Young people should, in particular, be involved in the design and development of healthcare policies and programmes, including comprehensive adolescent reproductive health policies. The natural solidarity of young people should be the basis for encouraging children to participate as care givers according to their evolving capacity. Participants pointed out that it was important to address the barriers that existed to effective participation of children, often rooted in the attitudes of adults.
231. It became apparent from the discussion that the information available was not reaching all those who needed to have access to it, as was evidenced by the persistence of fears and myths relating to HIV/AIDS. For example, participants commented on the connection between child prostitution and HIV/AIDS: the dangerously mistaken myth that younger prostitutes were less likely to transmit the virus was dragging more and ever younger girls and boys into prostitution. When appropriate information/education/communication campaigns were carried out, they could work, but strategies must go beyond the provision of information to a search for effective ways to change attitudes. Access to information was identified as a fundamental human right, which should become the key element of prevention strategies; denial of the child's right to information compromised the enjoyment of many other rights. Information on HIV/AIDS should be made available through age-appropriate media, and should also reach adults with influence over children's lives, including parents, teachers and health professionals, to enable them to support children in the exercise of their rights. States should emphasize the provision of adequate training in HIV/AIDSrelated children's issues to persons employed in childcare agencies and institutions. Information campaigns should be regularly evaluated to ascertain their effectiveness and carefully targeted to reach different groups, in order to reduce fear and misperceptions concerning HIV/AIDS and its transmission. Participants mentioned the conflict between the need to promote policies and programmes to raise awareness about the serious risks posed by the epidemic and the danger of dramatizing the disease in ways that contributed to the discrimination suffered by those infected and affected by HIV/AIDS. In that context, several references were made to the need to use language carefully and avoid terminology that referred, for example, to children with HIV/AIDS as “victims” or to children orphaned by AIDS as “AIDS orphans”.
232. States should develop HIV/AIDS and children's rights education programmes for the media to ensure that the rights to privacy and confidentiality of children affected by HIV/AIDS were protected in reporting on HIV issues.
233. The children from Nepal raised the question of the need to identify the best strategies for channelling information about HIV/AIDS to different groups of children. States should incorporate in the school curricula material relating to the rights of the child, reproductive health and HIV/AIDS. Participants also referred to alternatives that had been proved to work in different situations, including involving young people in the programming of community radio stations; the use of “question books” in which children identified the questions they wanted answered; the use of focus group discussions or, when possible, individual counselling for each child; disseminating information on television and so reaching children who did not attend school; or focusing on the training of trainers. The children pointed out that different media could and must be used to reach different groups, and that while peer education was probably the most effective system to disseminate information to older children, no single strategy could reach all children. HIV/AIDS information and the channels used to disseminate it must be adapted to the social, cultural and economic context, and strategies for the dissemination of information must take into account the diversity of audience groups and be structured accordingly.
234. Improved access to information was also a crucial issue in the provision of care. The need to increase and disseminate knowledge of community-based HIV/AIDS prevention and care strategies which had positive outcomes was emphasized. Participants agreed that States must reassess HIV/AIDS data collection and analysis to ensure that they covered children as defined in the Convention on the Rights of the Child (persons under 18 years of age). There was an urgent need for States to collect sex and age disaggregated data, which must inform the development of effective prevention strategies.
235. The discussion suggested that, while outright discrimination based on HIV/AIDS had been always highlighted as a problem, there was now a need to broaden the fight to include all forms of discrimination that contributed to increasing the impact of the epidemic. States, international agencies and NGOs should attempt to provide a supportive and enabling environment to address underlying prejudices and discrimination through the promotion of community dialogue and through specially designed social and health services. They should also promote education and training programmes explicitly designed to change attitudes of discrimination and stigmatization associated with HIV/AIDS. The Committee on the Rights of the Child should search for creative strategies to encourage the international community, as well as States, to pay special attention to children who were particularly powerless and thus more vulnerable to discrimination and HIV infection.
236. Participants emphasized the dramatic impact, in terms of HIV/AIDS vulnerability, of the particularly severe discrimination faced by girls. Lack of control over their own lives increased their level of risk; when young girls had older men as sexual partners, that powerlessness was increased. Raising the age of legal consent could help to prevent that imbalance, but increased the danger that public strategies would be based on false assumptions, as the average age of first sexual experience was very often much lower than the age of legal consent. Specific targeting of young women for access to services, information and participation was underlined as an urgent priority, while the gender-based roles predominant in each situation should be carefully considered when planning strategies for specific communities. Reference was also made to the particular problems posed by discrimination against HIV-infected people, which disproportionally affected girls and women when associated with judgemental attitudes about sexual activity. Participants pointed out that discrimination based on sexual orientation was also of particular relevance in the context of HIV/AIDS, as homosexual boys and girls, as well as belonging to a particularly vulnerable group, often faced acute discrimination.
237. There were repeated references to the need to see children as a non-homogeneous group, and to take into account the different needs of children of different ages, of girls, of children living in urban or rural settings, of substance abusers, of sexually exploited or abused children, of those involved in armed conflict, of disabled children, etc. Preventive strategies and decisions on care strategies should be relevant to the social, economic, cultural and political context in which children lived. While the best approach to care to children living in many rural or urban settings might be through support to families, children living and/or working in the streets, exploited children, or children living in abusive families might require alternative forms of care.
238. States, international agencies and NGOs should ensure that health, care and counselling services met the needs of children and young people. The aim of all care policies and programmes must be to provide child/youth oriented, child/youth appropriate, and child/youth friendly services, and efforts were needed to identify barriers to the provision of such youth friendly services. A rightscentred approach recognized the child's status as a subject of rights, and the right of children to request health services autonomously, including in the area of sexually transmitted diseases or the prevention of teenage pregnancies.
239. Groups whose needs must be considered in HIV/AIDSrelated care included children born with HIV, children orphaned by AIDS, those whose rights were threatened as a result of the epidemic's impact on health and other public services, and traditional care givers (including family members and communities). Adequate care must include the periodic review of the situation of children in foster care or in need of such care.
240. Participants discussed at length the need for additional research and for strategies that minimized the risk of mother-to-child transmission of HIV without automatically promoting the use of bottle-fed formula. Alternatives such as warming mother's milk to destroy the virus, or establishing breast-milk banks, recurring to wetnurses, etc., needed to be better explored, and healthcare workers must be trained on the availability of such alternatives and on the need to support the mother's decisions, with primary consideration given to the best interests of the child.
241. The discussion suggested that NGOs could be a source of innovative approaches and that they played a fundamental role in the provision of care to many groups of children not reached by more conventional services, but they could not be expected to provide the broad coverage required for the entire population of children. NGOs should explore the possibilities for new
partnerships which could bring together organizations that deal with human rights, children-centred ones and AIDS-focused NGOs to look together for ways to respond to the epidemic.
242. Words of thanks to all the participants were delivered in the name of the Committee by Mrs. Awa Ouedraogo. Representatives of UNAIDS thanked the Committee for choosing the theme for the discussion day; with most of the co-sponsors of UNAIDS having participated actively in the discussions, the main recommendations emanating from the day would become a useful reference for their work on the epidemic, as well as for the Committee on the Rights of the Child.
243. On the basis of the recommendations of the discussion groups and the general discussion that followed on the various issues, the following recommendations were formulated by the Committee:
(a) States, programmes and agencies of the United Nations system and NGOs should be encouraged to adopt a children's rightscentred approach to HIV/AIDS. States should incorporate the rights of the child in their national HIV/AIDS policies and programmes and include national HIV/AIDS programme structures in national mechanisms for monitoring and coordinating children's rights;
(b) States should adopt and disseminate the International Guidelines on HIV/AIDS and Human Rights and ensure their implementation at the national level. Programmes and agencies of the United Nations system, as well as NGOs, should contribute to the dissemination and implementation of the guidelines;
(c) The right of children to participate fully and actively in the formulation and implementation of HIV/AIDS strategies, programmes and policies should be fully recognized. A supportive and enabling environment should be provided, in which children are allowed to participate and receive support for their own initiatives. The proven effectiveness of peer education strategies, in particular, should be recognized and taken into account for its potential contribution to the mitigation of the impact of the HIV/AIDS epidemic. The key objective of HIV/AIDS policies should be to empower children to protect themselves;
(d) Access to information as a fundamental right of the child should become the key element in HIV/AIDS prevention strategies. States should review existing laws or enact new legislation to guarantee the right of children to have access to HIV/AIDSrelated information, including to voluntary testing;
(e) Information campaigns targeting children should take into account the diversity of audience groups and be structured accordingly. Information on HIV/AIDS should be adapted to the social, cultural and economic context, and it should be made available through age-appropriate media and channels of dissemination. In the selection of target groups, attention should be given to the special needs of children who experience discrimination or who are in need of special protection. Information strategies should be evaluated for their effectiveness in leading to changes of attitude. Information on the Convention on the Rights of the Child and on HIV/AIDS issues, including the teaching of life-skills, should be incorporated in school curricula, while different strategies should be designed to distribute such information to children who cannot be reached through the school system;
(f) HIV/AIDS data collected by States, and by programmes and agencies of the United Nations system, should reflect the Convention's definition of a child (human beings under 18 years of age). Data on HIV/AIDS should be disaggregated by age and gender and reflect the situation of children living in different circumstances and of children in need of special protection. Such data should inform the design of programmes and policies targeted to address the needs of different groups of children;
(g) More information should be collected and disseminated on best practices, in particular on community-based approaches to HIV/AIDS which have positive outcomes;
(h) More research should be carried out on mother-to-child transmission, and in particular on the risks of and alternatives to breastfeeding;
(i) Information designed to raise awareness about the epidemic should avoid dramatizing HIV/AIDS in ways that can lead to further stigmatization for those affected by the epidemic;
(j) States should review existing laws or enact new legislation to implement fully article 2 of the Convention on the Rights of the Child, in particular to prohibit expressly discrimination based on real or perceived HIV status and to prohibit mandatory testing;
(k) Urgent attention should be given to the ways in which gender-based discrimination places girls at higher risk in relation to HIV/AIDS. Girls should be specifically targeted for access to services, information and participation in HIV/AIDSrelated programmes, while the gender-based roles predominant in each situation should be carefully considered when planning strategies for specific communities. States should also review existing laws or enact new legislation to guarantee inheritance rights and security of tenure for children irrespective of their gender;
(l) Prevention and care strategies designed to deal with the epidemic should focus on children in need of special protection, including those living in institutions (whether social welfare ones or detention centres), those living or working in the streets, those suffering from sexual or other types of exploitation, those suffering from sexual or other forms of abuse and neglect, those involved in armed conflict, etc. States should, in particular, review existing laws or enact new legislation to protect children against sexual exploitation and abuse and to ensure rehabilitation of victims and the prosecution of perpetrators. Particular attention should also be given to discrimination based on sexual orientation, as homosexual boys and girls often face acute discrimination while being a particularly vulnerable group in the context of HIV/AIDS;
(m) HIV/AIDS care should be defined broadly and inclusively to cover not only the provision of medical treatment, but also of psychological attention and social reintegration, as well as protection and support, including of a legal nature;
(n) Barriers to the provision of youth friendly health services should be identified and removed. States should review existing laws or enact new legislation to regulate the minimum age for access to health counselling, care and welfare benefits. The formulation of comprehensive adolescent reproductive health policies should be based on the right of children to have access to information and services, including those designed to prevent sexually transmitted diseases or teenage pregnancy;
(o) States should review existing laws or enact new legislation to recognize the specific rights of the child to privacy and confidentiality with respect to HIV/AIDS, including the need for the media to respect these rights while contributing to the dissemination of information on HIV/AIDS;
(p) States, programmes and agencies of the United Nations system, and NGOs should explore the possibilities for new partnerships which could bring together organizations that deal with human rights, children-centred ones and AIDS-focused ones to look together for ways to respond to the epidemic and to work together in reporting to the Committee on the Rights of the Child.
D. Followup to the day of general discussion on children
with disabilities
244. During the day of general discussion on the rights of children with disabilities, held on 6 October 1997, it was decided to establish a working group to promote implementation of the recommendations arising from the day (see CRC/C/69, paras. 310339). On 6 October 1998, Mrs. Gerison Lansdown, Director of the Children's Rights Office (UK) and Rapporteur of the discussion day, informed the Committee of recent developments concerning the establishment of the working group. Discussions between the organizations involved in helping prepare the thematic day had resulted in the identification of the need for a coordinator to service the working group. Disabled People International had agreed that the coordinator could be based in its office in London. A funding application had been drafted setting out the aims of the project, which were to:
(a) Form a working group of key disability and children's rights organizations together with international experts in the field;
(b) Prepare a plan of action in respect of the recommendations of the Committee on the Rights of the Child;
(c) Develop a strategy for its implementation and implement the plan.
245. These aims would be pursued through the following activities:
Working closely with the Special Rapporteur of the Commission on Social Development of the United Nations on disabilities and the panel of experts on the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and supporting their implementation with regard to children with disabilities, and building up dialogue with disabled children's groups so that their voices can be heard;
Ensuring that the working group meets and has discussions with local groups of children whenever they meet, in order that its work is informed by the perspectives of children;
Raising awareness of the situation of children with disabilities through provision of statistical and personal evidence on violations of human rights against them and actively challenging attitudes and practices such as infanticide, traditional practices prejudicial to health and development, superstition, the perception of disability as a tragedy and the segregation of children with disabilities in separate institutions for care, treatment and education - all of which practices discriminate against disabled children and deny them equal opportunities to the rights guaranteed by the Convention;
Producing examples of good practice for projects, policies and legislation that upholds the principles and provisions of the Convention, such as legislation which ensures children with disabilities the equal right to life, survival and development, and which abolishes discriminatory laws on abortion and access to health care.
246. Grants have now been received and provide sufficient funding to proceed with the working group. It is planned that the first meeting of the working group will take place in December 1998.
247. Mr. Bengt Lindquist, Special Rapporteur of the Commission on Social Development of the United Nations on disabilities has agreed to chair the working group, which will be composed of representatives of the Committee on the Rights of the Child, International Save the Children Alliance, Disabled People International, Inclusion International, the World Blind Union and the World Federation of the Deaf. There will also be a wider reference group comprising other interested organizations and relevant United Nations bodies and agencies.
IV. DRAFT PROVISIONAL AGENDA FOR THE TWENTIETH SESSION
248. The following is the draft provisional agenda for the twentieth 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. General comments.
6. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.
7. Methods of work of the Committee.
8. Future meetings of the Committee.
9. Other matters.
V. ADOPTION OF THE REPORT
249. At its 505th meeting, held on 9 October 1998, the Committee considered the draft report on its nineteenth session. The report was unanimously adopted by the Committee.
Annex I
STATES WHICH HAVE RATIFIED OR ACCEDED TO THE CONVENTION ON
THE RIGHTS OF THE CHILD AS AT 9 OCTOBER 1998
(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 199
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. Yury KOLOSOV* Russian Federation
Miss Sandra Prunella MASON* Barbados
Mrs. Nafsiah MBOI** Indonesia
Mrs. Esther Margaret Queenie 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 9 OCTOBER 1998
Initial reports due in 1992 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Bangladesh Barbados Belarus Belize Benin |
2 September 1990
8 November 1990 31 October 1990 2 September 1990 2 September 1990 |
1 September 1992 7 November 1992 30 October 1992 1 September 1992 1 September 1992 |
15 November 1995 12 September 1996 12 February 1993 1 November 1996 22 January 1997 |
CRC/C/3/Add.38 and Add.49 CRC/C/3/Add.45 CRC/C/3/Add.14 CRC/C/3/Add.46 CRC/C/3/Add.52 |
Bhutan Bolivia Brazil Burkina Faso Burundi |
2 September 1990 2 September 1990 24 October 1990 30 September 1990 18 November 1990 |
1 September 1992 1 September 1992 23 October 1992 29 September 1992 17 November 1992 |
14 September 1992 7 July 1993 19 March 1998 |
CRC/C/3/Add.2 CRC/C/3/Add.19 CRC/C/3/Add.58 |
Chad Chile Costa Rica Democratic People's Republic of Korea Democratic Republic of the Congo |
1 November 1990 12 September 1990 20 September 1990 21 October 1990 27 October 1990 |
31 October 1992 11 September 1992 20 September 1992 20 October 1992 26 October 1992 |
14 January 1997 22 June 1993 28 October 1992 13 February 1996 16 February 1998 |
CRC/C/3/Add.50 CRC/C/3/Add.18 CRC/C/3/Add.8 CRC/C/3/Add.41 CRC/C/3/Add.57 |
Ecuador Egypt El Salvador France Gambia |
2 September 1990 2 September 1990 2 September 1990 6 September 1990 7 September 1990 |
1 September 1992 1 September 1992 1 September 1992
5 September 1992 6 September 1992 |
11 June 1996 23 October 1992 3 November 1992 8 April 1993 |
CRC/C/3/Add.44 CRC/C/3/Add.6 CRC/C/3/Add.9 and Add.28 CRC/C/3/Add.15 |
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Ghana Grenada Guatemala Guinea Guinea-Bissau |
2 September 1990 5 December 1990 2 September 1990 2 September 1990 19 September 1990 |
1 September 1992 4 December 1992 1 September 1992 1 September 1992 18 September 1992 |
20 November 1995 24 September 1997 5 January 1995 20 November 1996 |
CRC/C/3/Add.39 CRC/C/3/Add.55 CRC/C/3/Add.33 CRC/C/3/Add.48 |
Holy See Honduras Indonesia Kenya Mali |
2 September 1990 9 September 1990 5 October 1990 2 September 1990 20 October 1990 |
1 September 1992 8 September 1992 4 October 1992 1 September 1992 19 October 1992 |
2 March 1994 11 May 1993 17 November 1992 2 April 1997 |
CRC/C/3/Add.27 CRC/C/3/Add.17 CRC/C/3/Add.10 and Add.26 CRC/C/3/Add.53 |
Malta Mauritius Mexico Mongolia Namibia |
30 October 1990 2 September 1990 21 October 1990 2 September 1990 30 October 1990 |
29 October 1992 1 September 1992 20 October 1992 1 September 1992 29 October 1992 |
26 December 1997 25 July 1995 15 December 1992 20 October 1994 21 December 1992 |
CRC/C/3/Add.56 CRC/C/3/Add.36 CRC/C/3/Add.11 CRC/C/3/Add.32 CRC/C/3/Add.12 |
Nepal Nicaragua Niger Pakistan Paraguay |
14 October 1990 4 November 1990 30 October 1990 12 December 1990 25 October 1990 |
13 October 1992 3 November 1992 29 October 1992 11 December 1992 24 October 1992 |
10 April 1995 12 January 1994 25 January 1993 30 August 1993 and 13 November 1996 |
CRC/C/3/Add.34 CRC/C/3/Add.25 CRC/C/3/Add.13 CRC/C/3/Add.22 and Add.47 |
Peru Philippines Portugal Romania Russian Federation |
4 October 1990 20 September 1990 21 October 1990 28 October 1990 15 September 1990 |
3 October 1992 19 September 1992 20 October 1992 27 October 1992 14 September 1992 |
28 October 1992 21 September 1993 17 August 1994 14 April 1993 16 October 1992 |
CRC/C/3/Add.7 and Add.24 CRC/C/3/Add.23 CRC/C/3/Add.30 CRC/C/3/Add.16 CRC/C/3/Add.5 |
|
|
|
|
|
|
|
|
|
|
Initial reports due in 1992 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Saint Kitts and Nevis Senegal Seychelles Sierra Leone Sudan |
2 September 1990 2 September 1990 7 October 1990 2 September 1990 2 September 1990 |
1 September 1992 1 September 1992 6 October 1992 1 September 1992 1 September 1992 |
21 January 1997 12 September 1994 10 April 1996 29 September 1992 |
CRC/C/3/Add.51 CRC/C/3/Add.31 CRC/C/3/Add.43 CRC/C/3/Add.3 and Add.20 |
Sweden Togo Uganda Uruguay Venezuela |
2 September 1990 2 September 1990 16 September 1990 20 December 1990 13 October 1990 |
1 September 1992 1 September 1992 15 September 1992 19 December 1992 12 October 1992 |
7 September 1992 27 February 1996 1 February 1996 2 August 1995 9 July 1997 |
CRC/C/3/Add.1 CRC/C/3/Add.42 CRC/C/3/Add.40 CRC/C/3/Add.37 CRC/C/3/Add.54 |
Viet Nam Zimbabwe |
2 September 1990 11 October 1990 |
1 September 1992 10 October 1992 |
30 September 1992 23 May 1995 |
CRC/C/3/Add.4 and Add.21 CRC/C/3/Add.35 |
Initial reports due in 1993 |
||||
Angola Argentina Australia Bahamas Bulgaria |
4 January 1991 3 January 1991 16 January 1991 22 March 1991 3 July 1991 |
3 January 1993 2 January 1993 15 January 1993 21 March 1993 2 July 1993 |
17 March 1993
8 January 1996 29 September 1995 |
CRC/C/8/Add.2 and Add.17 CRC/C/8/Add.31 CRC/C/8/Add.29 |
Colombia Côte d'Ivoire Croatia Cuba Cyprus |
27 February 1991 6 March 1991 7 November 1991 20 September 1991 9 March 1991 |
26 February 1993 5 March 1993 6 November 1993 19 September 1993 8 March 1993 |
14 April 1993 8 November 1994 27 October 1995 22 December 1994 |
CRC/C/8/Add.3 CRC/C/8/Add.19 CRC/C/8/Add.30 CRC/C/8/Add.24 |
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Denmark Djibouti Dominica Dominican Republic Estonia |
18 August 1991 5 January 1991 12 April 1991 11 July 1991 20 November 1991 |
17 August 1993 4 January 1993 11 April 1993 10 July 1993 19 November 1993 |
14 September 1993 17 February 1998 |
CRC/C/8/Add.8 CRC/C/8/Add.39 |
|
|
|||
Ethiopia Finland Guyana Hungary Israel |
13 June 1991 20 July 1991 13 February 1991 6 November 1991 2 November 1991 |
12 June 1993 19 July 1993 12 February 1993 5 November 1993 1 November 1993 |
10 August 1995 12 December 1994 28 June 1996 |
CRC/C/8/Add.27 CRC/C/8/Add.22 CRC/C/8/Add.34 |
Italy Jamaica Jordan Kuwait Lao People's Democratic Republic |
5 October 1991 13 June 1991 23 June 1991 20 November 1991 7 June 1991 |
4 October 1993 12 June 1993 22 June 1993 19 November 1993 6 June 1993 |
11 October 1994 25 January 1994 25 May 1993 23 August 1996 18 January 1996 |
CRC/C/8/Add.18 CRC/C/8/Add.12 CRC/C/8/Add.4 CRC/C/8/Add.35 CRC/C/8/Add.32 |
Lebanon Madagascar Malawi Maldives Mauritania |
13 June 1991 18 April 1991 1 February 1991 13 March 1991 15 June 1991 |
12 June 1993 17 May 1993 31 January 1993 12 March 1993 14 June 1993 |
21 December 1994 20 July 1993 6 July 1994 |
CRC/C/8/Add.23 CRC/C/8/Add.5 CRC/C/8/Add.33 and Add.37 |
Myanmar Nigeria Norway Panama Poland |
14 August 1991 19 May 1991 7 February 1991 11 January 1991 7 July 1991 |
13 August 1993 18 May 1993 6 February 1993 10 January 1993 6 July 1993 |
14 September 1995 19 July 1995 30 August 1993 19 September 1995 11 January 1994 |
CRC/C/8/Add.9 CRC/C/8/Add.26 CRC/C/8/Add.7 CRC/C/8/Add.28 CRC/C/8/Add.11 |
Initial reports due in 1993 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Republic of Korea Rwanda San Marino Sao Tome and Principe Slovenia |
20 December 1991 23 February 1991 25 December 1991 13 June 1991 25 June 1991 |
19 December 1993 22 February 1993 24 December 1993 12 June 1993 24 June 1993 |
17 November 1994 30 September 1992 29 May 1995 |
CRC/C/8/Add.21 CRC/C/8/Add.1 CRC/C/8/Add.25 |
Spain Sri Lanka The former Yugoslav Republic of Macedonia Ukraine United Republic of Tanzania |
5 January 1991 11 August 1991 17 September 1991 27 September 1991 10 July 1991 |
4 January 1993 10 August 1993 16 September 1993 26 September 1993 9 July 1993 |
110 August 1993 23 March 1994 4 March 1997
8 October 1993 |
CRC/C/8/Add.6 CRC/C/8/Add.13 CRC/C/8/Add.36 CRC/C/8/Add.10/ Rev.1 |
Yemen Yugoslavia |
31 May 1991 2 February 1991 |
30 May 1993 1 February 1993 |
14 November 1994 21 September 1994 |
CRC/C/8/Add.20 and Add.38 CRC/C/8/Add.16 |
Initial reports due in 1994 |
||||
Albania Austria Azerbaijan Bahrain Belgium |
28 March 1992 5 September 1992 12 September 1992 14 March 1992 15 January 1992 |
27 March 1994 4 September 1994 11 September 1994 14 March 1994 14 January 1994 |
8 October 1996 9 November 1995 12 July 1994 |
CRC/C/11/Add.14 CRC/C/11/Add.8 CRC/C/11/Add.4 |
Bosnia and Herzegovina Cambodia Canada Cape Verde Central African Republic |
6 March 1992 14 November 1992 12 January 1992 4 July 1992 23 May 1992 |
5 March 1994 15 November 1994 11 January 1994 3 July 1994 23 May 1994 |
18 December 1997 17 June 1994 15 April 1998 |
CRC/C/11/Add.16 CRC/C/11/Add.3 CRC/C/11/Add.18 |
|
||||
Initial reports due in 1994 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
China Czech Republic Equatorial Guinea Germany Iceland |
1 April 1992 1 January 1993 15 July 1992 5 April 1992 27 November 1992 |
31 March 1994 31 December 1994 14 July 1994 4 May 1994 26 November 1994 |
27 March 1995 4 March 1996 30 August 1994 30 November 1994 |
CRC/C/11/Add.7 CRC/C/11/Add.11 CRC/C/11/Add.5 CRC/C/11/Add.6 |
Ireland Latvia Lesotho Lithuania Slovakia |
28 October 1992 14 May 1992 9 April 1992 1 March 1992 1 January 1993 |
27 October 1994 13 May 1994 8 April 1994 28 February 1994 31 December 1994 |
4 April 1996 29 September 1998 27 April 1998 6 August 1998 6 April 1998 |
CRC/C/11/Add.12 CRC/C/11/Add.22 CRC/C/11/Add.20 CRC/C/11/Add.21 CRC/C/11/Add.17 |
Thailand Trinidad and Tobago Tunisia United Kingdom of Great Britain and Northern Ireland Zambia |
26 April 1992 4 January 1992 29 February 1992 15 January 1992 5 January 1992 |
25 April 1994 3 January 1994 28 February 1994 14 January 1994 4 January 1994 |
23 August 1996 16 February 1996 16 May 1994 15 March 1994 |
CRC/C/11/Add.13 CRC/C/11/Add.10 CRC/C/11/Add.2 CRC/C/11/Add.1, Add.9, Add.15 and Add.15/Corr.1, Add.19 |
Initial reports due in 1995 |
||||
Algeria Antigua and Barbuda Armenia Cameroon Comoros |
16 May 1993 4 November 1993 23 July 1993 10 February 1993 22 July 1993 |
15 May 1995 3 November 1995 5 August 1995 9 February 1995 21 July 1995 |
16 November 1995 19 February 1997 24 March 1998 |
CRC/C/28/Add.4 CRC/C/28/Add.9 CRC/C/28/Add.13 |
Congo Fiji Greece India Liberia |
13 November 1993 12 September 1993 10 June 1993 11 January 1993 4 July 1993 |
12 November 1995 11 September 1995 9 June 1995 10 January 1995 3 July 1995 |
12 June 1996 19 March 1997 |
CRC/C/28/Add.7 CRC/C/28/Add.10 |
Initial reports due in 1995 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Libyan Arab Jamahiriya Marshall Islands Micronesia (Federated States of) Monaco Morocco |
15 May 1993 3 November 1993 4 June 1993 21 July 1993 21 July 1993 |
14 May 1995 2 November 1995 3 June 1995 20 July 1995 20 July 1995 |
23 May 1996 18 March 1998 16 April 1996 27 July 1995 |
CRC/C/28/Add.6 CRC/C/28/Add.12 CRC/C/28/Add.5 CRC/C/28/Add.1 |
New Zealand Papua New Guinea Republic of Moldova Saint Lucia Saint Vincent and the Grenadines |
6 May 1993 31 March 1993 25 February 1993 16 July 1993 25 November 1993 |
5 May 1995 31 March 1995 24 February 1995 15 July 1995 24 November 1995 |
29 September 1995 |
CRC/C/28/Add.3 |
|
|
|||
Suriname Syrian Arab Republic Tajikistan Turkmenistan Vanuatu |
31 March 1993 14 August 1993 25 November 1993 20 October 1993 6 August 1993 |
31 March 1995 13 August 1995 24 November 1995 19 October 1995 5 August 1995 |
13 February 1998 22 September 1995 14 April 1998 27 January 1997 |
CRC/C/28/Add.11 CRC/C/28/Add.2 CRC/C/28/Add.14 CRC/C/28/Add.8 |
Initial reports due in 1996 |
||||
Afghanistan Gabon Luxembourg Japan Mozambique |
27 April 1994 11 March 1994 6 April 1994 22 May 1994 26 May 1994 |
26 April 1996 10 March 1996 5 April 1996 21 May 1996 25 May 1996 |
26 July 1996 30 May 1996 |
CRC/C/41/Add.2 CRC/C/41/Add.1 |
Initial reports due in 1996 (continued) |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Georgia Iraq Uzbekistan Iran (Islamic Republic of) Nauru |
2 July 1994 15 July 1994 29 July 1994 12 August 1994 26 August 1994 |
1 July 1996 14 July 1996 28 July 1996 11 August 1996 25 August 1996 |
7 April 1997 6 August 1996 9 December 1997 |
CRC/C/41/Add.4 CRC/C/41/Add.3 CRC/C/41/Add.5 |
Eritrea Kazakstan Kyrgyzstan Samoa |
2 September 1994 11 September 1994 6 November 1994 29 December 1994 |
1 September 1996 10 September 1996 5 November 1996 28 December 1996 |
16 February 1998 |
CRC/C/41/Add.6 |
|
|
|||
Initial reports due in 1997 |
||||
Netherlands Malaysia Botswana Qatar Turkey |
7 March 1995 19 March 1995 13 April 1995 3 May 1995 4 May 1995 |
6 March 1997 18 March 1997 12 April 1997 2 May 1997 3 May 1997 |
15 May 1997 |
CRC/C/51/Add.1 |
Solomon Islands Haiti South Africa Pilau Swaziland |
10 May 1995 8 July 1995 16 July 1995 3 September 1995 6 October 1995 |
9 May 1997 7 July 1997 15 July 1997 3 September 1997 5 October 1997 |
4 December 1997 |
CRC/C/51/Add.2 |
Tuvalu Singapore Tonga |
22 October 1995 4 November 1995 6 December 1995 |
21 October 1997 3 November 1997 5 December 1997 |
|
|
Initial reports due in 1998 |
||||
State party |
Date of entry into force |
Date due |
Date of submission |
Symbol |
Kiribati Niue Liechtenstein Brunei Darussalam Andorra |
10 January 1996 19 January 1996 21 January 1996 26 January 1996 1 February 1996 |
9 January 1998 18 January 1998 20 January 1998 25 January 1998 31 January 1998 |
22 September 1998 |
CRC/C/61/Add.1 |
Saudi Arabia |
25 February 1996 |
24 February 1998 |
|
|
Initial reports due in 1999 |
||||
United Arab Emirates Switzerland Cook Islands |
2 February 1997 26 March 1997 6 July 1997 |
1 February 1999 25 March 1999 5 July 1999 |
|
|
Second periodic reports due in 1997
State party Date due Date of submission Symbol
Bangladesh 1 September 1997
Barbados 7 November 1997
Belarus 30 October 1997
Belize 1 September 1997
Benin 1 September 1997
Bhutan 1 September 1997
Bolivia 1 September 1997 12 August 1997 CRC/C/65/Add.1
Brazil 23 October 1997
Burkina Faso 29 September 1997
Burundi 17 November 1997
Chad 31 October 1997
Chile 11 September 1997
Costa Rica 20 September 1997 20 January 1998 CRC/C/65/Add.7
Democratic People's
Republic of Korea 20 October 1997
Democratic Republic
of the Congo 26 October 1997
Ecuador 1 September 1997
Egypt 1 September 1997 18 September 1998 CRC/C/65/Add.9
El Salvador 1 September 1997
France 5 September 1997
Gambia 6 September 1997
Ghana 1 September 1997
Grenada 4 December 1997
Guatemala 1 September 1997
Guinea 1 September 1997
GuineaBissau 18 September 1997
Holy See 1 September 1997
Honduras 8 September 1997 18 September 1997 CRC/C/65/Add.2
Indonesia 4 October 1997
Kenya 1 September 1997
Mali 19 October 1997
Malta 29 October 1997
Mauritius 1 September 1997
Mexico 20 October 1997 14 January 1998 CRC/C/65/Add.6
Mongolia 1 September 1997
Namibia 29 October 1997
Nepal 13 October 1997
Nicaragua 3 November 1997 12 November 1997 CRC/C/65/Add.4
Niger 29 October 1997
Pakistan 11 December 1997
Paraguay 24 October 1997
Second periodic reports due in 1997 (continued)
State party Date due Date of submission Symbol
Peru 3 October 1997 25 March 1998 CRC/C/65/Add.8
Philippines 19 September 1997
Portugal 20 October 1997
Romania 27 October 1997
Russian Federation 14 September 1997 12 January 1998 CRC/C/65/Add.5
Saint Kitts 1 September 1997
and Nevis
Senegal 1 September 1997
Seychelles 6 October 1997
Sierra Leone 1 September 1997
Sudan 1 September 1997
Sweden 1 September 1997 25 September 1997 CRC/C/65/Add.3
Togo 1 September 1997
Uganda 15 September 1997
Uruguay 19 December 1997
Venezuela 12 October 1997
Viet Nam 1 September 1997
Zimbabwe 10 October 1997
Second periodic reports due in 1998
Angola 3 January 1998
Argentina 2 January 1998
Australia 15 January 1998
Bahamas 21 March 1998
Bulgaria 2 July 1998
Colombia 26 February 1998 9 September 1998 CRC/C/70/Add.5
Côte d'Ivoire 5 March 1998
Croatia 7 October 1998
Cuba 19 September 1998
Cyprus 8 March 1998
Denmark 17 August 1998 15 September 1998 CRC/C/70/Add.6
Djibouti 4 January 1998
Dominica 11 April 1998
Dominican Republic 10 July 1998
Estonia 19 November 1998
Ethiopia 12 June 1998 28 September 1998 CRC/C/70/Add.7
Finland 19 July 1998 3 August 1998 CRC/C/70/Add.3
Guyana 12 February 1998
Hungary 5 November 1998
Israel 1 November 1998
Second periodic reports due in 1998 (continued)
State party Date due Date of submission Symbol
Italy 4 October 1998
Jamaica 12 June 1998
Jordan 22 June 1998 5 August 1998 CRC/C/70/Add.4
Kuwait 19 November 1998
Lao People's
Democratic
Republic 6 June 1998
Lebanon 12 June 1998
Madagascar 17 April 1998
Malawi 31 January 1998
Maldives 12 March 1998
Mauritania 14 June 1998
Myanmar 13 August 1998
Nigeria 18 May 1998
Norway 6 February 1998 1 July 1998 CRC/C/70/Add.2
Panama 10 January 1998
Poland 6 July 1998
Republic of Korea 19 December 1998
Rwanda 22 February 1998
San Marino 24 December 1998
Sao Tome and
Principe 12 June 1998
Slovenia 24 June 1998
Spain 4 January 1998
Sri Lanka 10 August 1998
The Former Yugoslav
Republic of
Macedonia 16 September 1998
Ukraine 26 September 1998
United Republic
of Tanzania 9 July 1998
Yemen 30 May 1998 3 February 1998 CRC/C/70/Add.1
Yugoslavia 1 February 1998
Annex IV
LIST OF INITIAL REPORTS CONSIDERED BY THE COMMITTEE
ON THE RIGHTS OF THE CHILD AS AT 9 OCTOBER 1998
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
State 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
(MayJune 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
Sixteenth session
(SeptemberOctober 1997)
Lao People's
Democratic Republic CRC/C/8/Add.32 CRC/C/15/Add.78
Australia CRC/C/8/Add.31 CRC/C/15/Add.79
Uganda CRC/C/3/Add.40 CRC/C/15/Add.80
Czech Republic CRC/C/11/Add.11 CRC/C/15/Add.81
Trinidad and Tobago CRC/C/11/Add.10 CRC/C/15/Add.82
Togo CRC/C/3/Add.42 CRC/C/15/Add.83
Seventeenth session
(January 1998)
Libyan Arab Jamahiriya CRC/C/28/Add.6 CRC/C/15/Add.84
Ireland CRC/C/11/Add.12 CRC/C/15/Add.85
Federated States of
Micronesia CRC/C/28/Add.5 CRC/C/15/Add.86
Eighteenth session
(MayJune 1998)
Hungary CRC/C/8/Add.34 CRC/C/15/Add.87
Democratic People's
Republic of Korea CRC/C/3/Add.41 CRC/C/15/Add.88
Fiji CRC/C/28/Add.7 CRC/C/15/Add.89
Japan CRC/C/41/Add.1 CRC/C/15/Add.90
Maldives CRC/C/8/Add.33 and 37 CRC/C/15/Add.91
Luxembourg CRC/C/41/Add.2 CRC/C/15/Add.92
State party reports Observations adopted by the Committee
Nineteenth session
(21 September-9 October 1998)
Initial reports
Ecuador CRC/C/3/Add.44 CRC/C/15/Add.93
Iraq CRC/C/41/Add.3 CRC/C/15/Add.94
Thailand CRC/C/11/Add.13 CRC/C/15/Add.96
Kuwait CRC/C/8/Add.35 CRC/C/15/Add.97
Second periodic reports
Bolivia CRC/C/65/Add.1 CRC/C/15/Add.95
Annex V
PROVISIONAL LIST OF REPORTS SCHEDULED FOR CONSIDERATION
AT THE COMMITTEE'S TWENTIETH AND TWENTYFIRST SESSIONS
Twentieth session
(1129 January 1999)
Initial reports
Guinea CRC/C/3/Add.48
Barbados CRC/C/3/Add.45
Austria CRC/C/11/Add.14
Belize CRC/C/3/Add.46
Second periodic reports
Sweden CRC/C/65/Add.3
Honduras CRC/C/65/Add.2
Twentyfirst session
(18 May4 June 1999)
Initial reports
Chad CRC/C/3/Add.50
Benin CRC/C/3/Add.52
Sierra Leone CRC/C/3/Add.43
St. Kitts and Nevis CRC/C/3/Add.51
Second periodic reports
Yemen CRC/C/70/Add.1
Nicaragua CRC/C/65/Add.4
Annex VI
LIST OF BACKGROUND PAPERS, DOCUMENTS AND CONTRIBUTIONS SUBMITTED
FOR THE GENERAL DISCUSSION ON THE RIGHTS OF CHILDREN LIVING IN A
WORLD WITH HIV/AIDS, HELD ON 5 OCTOBER 1998
By members of the Committee on the Rights of the Child
Introductory statement by Mrs. Nafsiah Mboi, Rapporteur, Committee on the Rights of the Child
General discussion on “Children living in a world with AIDS” Outline of the Committee on the Rights of the Child
By the Office of the High Commissioner for Human Rights
Statement of the High Commissioner for Human Rights
HIV/AIDS and Human Rights: International Guidelines OHCHR and UNAIDS, Geneva, 2325 September 1996
By the Joint United Nations Programme on HIV/AIDS (UNAIDS)
Statement by Mr. Peter Piot, Executive Director, UNAIDS, October 1998
Children confronting HIV/AIDS: charting the confluence of rights and health UNAIDS, 1998
Nondiscrimination as a human rights and public health strategy UNAIDS, 1998
Prevention as a public health and human rights strategy UNAIDS, 1998
Rapport sur l'epidémie mondiale de VIH/SIDA, WHO, UNAIDS, June 1998
Integrating HIV/STD prevention in the school setting: a position paper UNAIDS, August 1997
HIV and infant feeding: a policy statement UNAIDS, WHO and UNICEF, May 1997
Learning and teaching about AIDS at school UNAIDS, October 1997
Mothertochild transmission of HIV UNAIDS, November 1997
By the World Health Organization
HIV and infant feeding: guidelines for decisionmakers WHO, UNAIDS and UNICEF, June 1998
By the United Nations Children's Fund
Working paper: Care and protection of children and young people affected by HIV/AIDS UNICEF, New York
New challenges, new choices CDROM on HIV/AIDS by UNICEF, New York
By the Food and Agriculture Organization of the United Nations
Rural children living in farm systems affected by HIV/AIDS Jacques du Guerny, FAO, Rome
By the International Labour Office
The sex sector: the economic and social bases of prostitution in SouthEast Asia Lin Lean Lim, ILO, Geneva 1998
Fighting against prostitution of children and other forms of child labour: from community action to the provisional plan in the north of Thailand IPEC, September 1998
Questionnaire on projects/activities on trafficking in women and children in the ESCAP Region IPEC, February 1998
By the United Nations Development Programme
The impact of HIV/AIDS on children, families and communities: risks and realities of childhood during the HIV epidemic (Issues paper 30) UNDP, New York, 1998
By the International Federation of Red Cross and Red Crescent Societies
Preventing the spread of HIV/AIDS among children and adolescents International Federation of Red Cross and Red Crescent Societies, Geneva
By nongovernmental organizations, research institutions and individual experts
Children confronting HIV/AIDS: charting the confluence of rights and health Daniel Tarantola and Sofia Gruskin, in Health and Human Rights, vol. 1, No. 1, 1998, FrançoisXavier Bagnoud Centre for Health and Human Rights, Harvard School of Public Health
Children living in a world with AIDS: submission based on Uganda's experience Musisi Geoffrey, Association FrançoisXavier Bagnoud, Luweero, Uganda
Summary report on the Consultation Workshop on Child Labour and HIV/AIDS Dr. Dusit Duangsa, Chiangmai University, 28 January 1998
NGO programmes and projects on child sexual abuse and exploitation and HIV/AIDS Focal Point on Sexual Exploitation of Children, Geneva
Issues of concern William Duncan, Hague Conference on Private International Law, The Hague, 1 September 1998
Working with children affected by AIDS: World Vision Uganda experience Jane Mijumbi, World Vision Uganda, 1998
HIV/AIDS and the nutrition rights of infants George Kent, University of Hawai'i, 7 September 1998
Forum for culture and human development submission, Bangladesh
Health and Adolescent Refugees Project (HARP): Information Sheet No. 1 World Association of Girl Guides and Girl Scouts
Report of the work of Casa Alianza's Luna project AnnLouise Birch, Casa Alianza
HIV prevention, children's rights and homosexual youth Defence for Children InternationalIsrael
HIV/AIDS prevention, care and discrimination: the barriers to putting children and young people on the agenda Lyn Elliot, Save the Children International Alliance, September 1998
Community mobilization to address the impacts of AIDS: a review of the COPE II programme in Malawi Jill Donahue and John Williamson, 1730 January 1998
Coping with crisis: mobilizing community response to the impacts of AIDS in Malawi Save the Children (USA)
NGO summary of the International Guidelines on HIV/AIDS and Human Rights International Council of AIDS Service Organizations (ICASO)
Annex VII
LIST OF DOCUMENTS ISSUED FOR THE NINETEENTH SESSION
OF THE COMMITTEE
CRC/C/3/Add.44 Initial report of Ecuador
CRC/C/8/Add.35 Initial report of Kuwait
CRC/C/11/Add.13 Initial report of Thailand
CRC/C/15/Add.93 Concluding observations: Ecuador
CRC/C/15/Add.94 Concluding observations: Iraq
CRC/C/15/Add.95 Concluding observations: Bolivia
CRC/C/15/Add.96 Concluding observations: Kuwait
CRC/C/15/Add.97 Concluding observations: Thailand
CRC/C/19/Rev.8 Compilation of the conclusions and
recommendations adopted by the
Committee on the Rights of the Child
CRC/C/40/Rev.10 Note by the Secretary-General on areas identified by the Committee for technical assistance
CRC/C/41/Add.3 Initial report of Iraq
CRC/C/65/Add.1 Second periodic report of Bolivia
CRC/C/76 Provisional agenda and annotations
CRC/C/77 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports
CRC/C/78 Note by the SecretaryGeneral: Initial reports
of States parties due in 1999
CRC/C/SR.478-505 Summary records of the nineteenth session.
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