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

RIGHTS OF THE CHILD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

II. ORGANIZATIONAL AND OTHER MATTERS. . . . . . . . . . . . . . . . . . . . . . 1  19 5

C. Membership and attendance. . . . . . . . . . . . . . . . . . . . . . . . . 4  7 5

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6

Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9  14 6

F. Presessional working group. . . . . . . . . . . . . . . . . . . . . . . 15  17 7

CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20  262 9

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20  23 9

B. Consideration of reports. . . . . . . . . . . . . . . . . . . . . . . . . . 24  262 9

Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63  135 18

the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263  291 59

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292  296 72

competent bodies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297  317 73

D. Methods of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318  320 75

SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 77

VI. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 77

Rights of the Child as at 8 October 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . 78

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . . . 85

as at 8 October 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

Committee's twentythird and twenty-fourth sessions . . . . . . . . . . . . . . 106

List of background documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

List of submissions received. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

of the Committee on the Rights of the Child. . . . . . . . . . . . . . . . . . . . . . . . 111

Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

Bearing in mind that the implementation of articles 37, 40 and 39 of the Convention on the Rights of the Child must be considered in conjunction with all the other provisions and principles of the Convention and should take into account other existing international standards, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”), adopted by the General Assembly by its resolution 40/33 of 29 November 1985, the United Nations Guidelines for the Prevention of Juvenile Delinquency (“The Riyadh Guidelines”), adopted and proclaimed by the Assembly by its resolution 45/112 of 14 December 1990, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, adopted by the Assembly by resolution 45/113 of 14 December 1990, and the Guidelines for Action on Children in the Criminal Justice System, annexed to Economic and Social Council resolution 1997/30 of 21 July 1997,

Recalling that since the beginning of its work, the administration of juvenile justice has received consistent and systematic attention from the Committee in the form of concrete recommendations in the concluding observations adopted in relation to States parties’ reports,

Noting that the experience of the Committee in its review of reports presented by States parties on their implementation of the Convention on the Rights of the Child has shown that in all regions of the world and in relation to all legal systems, the provisions of the Convention relating to the administration of juvenile justice are in many instances not reflected in national legislation or practice, giving cause for serious concern,

Recalling that at its tenth session in 1995 the Committee devoted one day to a general discussion on the administration of juvenile justice, emphasizing the implementation of existing international standards and the need to strengthen international cooperation both within and outside the United Nations system (see CRC/C/46, paras. 203-238),

Welcoming the establishment, as recommended in the Guidelines for Action on Children in the Criminal Justice System, of the Coordination Panel on technical advice and assistance in juvenile justice in order to facilitate the coordination of activities in this field undertaken by relevant entities of the United Nations system as well as non-governmental organizations, professional groups and academic societies involved in the provision of technical advice and assistance,

1. Calls upon States parties to give urgent attention to undertaking all appropriate legislative, administrative and other measures for the full implementation of the provisions of the Convention and existing international standards relating to the administration of juvenile justice;

2. Stresses the importance of identifying and understanding the legal, social, financial and other obstacles preventing the full implementation of the provisions of the Convention and existing international standards relating to the administration of juvenile justice and of designing ways and means to overcome these obstacles, including raising awareness and strengthening technical assistance;

3. Requests the United Nations High Commissioner for Human Rights to give priority to promoting the implementation of the provisions of the Convention and existing international standards relating to the administration of juvenile justice, to consider what steps might be taken to identify obstacles preventing their full implementation and to design ways and means to overcome these obstacles, including raising awareness and strengthening technical assistance, in cooperation with United Nations bodies and agencies, and other partners;

4. Suggests that the High Commissioner for Human Rights, in accordance with her mandate as the coordinator of the human rights promotion and protection activities throughout the United Nations system, as stated in General Assembly resolution 48/141 of 20 December 1993, encourage all appropriate United Nations bodies and agencies to enhance their work in the area of the administration of juvenile justice and to use the Convention on the Rights of the Child as their main tool to achieve this objective, and to facilitate their work in that regard;

5. Invites the High Commissioner to inform the Committee of progress made in the implementation of the present recommendation.

1. As at 8 October 1999, the closing date of the twentysecond 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.8.

3. The Committee on the Rights of the Child held its twentysecond session at the United Nations Office at Geneva from 20 September to 8 October 1999. The Committee held 26 meetings (558th-586th). An account of the Committee's deliberations at its twentysecond session is contained in the relevant summary records (CRC/C/SR.558, 560-561, 563-572, 574-580 and 586).

4. All the members of the Committee attended the twentysecond 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, Ms. Esther Margaret Queen Mokhuane, Mr. G. Rabah and Ms. Amina Hamza El Guindi 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, UNESCO, World Health Organization.

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

INTERACTION, American Council for Voluntary International Action, International Council of Women, International Movement ATD Fourth World, Zonta International.

Center for Reproductive Law and Policy, Coalition against Trafficking in Women, Defence for Children International, International Confederation of Free Trade Unions, International Federation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, Rãdda Barnen, World Federation of Methodist and Uniting Church Women, World Organization against Torture.

Casa Alianza, COMEXANI, Federation for the Protection of Children's Human Rights, Independent Association of Child Psychiatrists and Psychologists-Russia, International Baby Food Action Network, National Coalition for the Rights of the Child in the Netherlands, National Coalition for the Rights of the Child in Venezuela, NGO Group for the Convention on the Rights of the Child, NGO Workikng Group on Nutrition, Rights of the Child in Russia.

8. At the 558th meeting, on 20 September 1999, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/88):

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

9. At the 558th meeting, the Deputy High Commissioner for Human Rights, Mr. Bertrand Ramcharan, addressed the Committee.

10. In his statement, the Deputy High Commissioner informed the members of the Committee about the activities of the Office of the High Commissioner for Human Rights (OHCHR) to commemorate the tenth anniversary of the adoption of the Convention on the Rights of the Child, including the meeting planned for 30 September-1 October (see chap. IV, sect. A below). He referred to the discussion at the high-level segment of the Economic and Social Council on the rights of the child at the Council's substantive session of 1999 in July. On 20 November 1999, the commemorative day of the adoption of the Convention by the General Assembly, the High Commissioner would receive in Geneva a group of children from a wide range of countries representing socio-economically disadvantaged groups, who were participating in a gathering organized by the International Movement ATD Fourth World.

11. The Deputy High Commissioner also briefed the Committee on recent developments under the OHCHR Plan of Action to Strengthen the Implementation of the Convention on the Rights of the Child. The Office was currently working on an extension of the Plan for the years 2000-2001 which would emphasize support to the Committee in addressing its backlog of reports and assisting the Committee in the process of preparing general comments.

12. Having taken note of the concerns and recommendations systematically expressed by the Committee on the Rights of the Child - along with other human rights mechanisms - in the area of juvenile justice and in view of the numerous requests and appeals for intervention from a wide range of parties, the High Commissioner had decided in the future to focus increasing attention to that issue, and for that purpose envisaged initiating a process of organizing in 2002 a major international conference on juvenile justice.

13. At the Fourth Annual Meeting of the Asia-Pacific Forum held in Manila in September, a two-day workshop had been organized by national human rights institutions on the promotion and protection of children’s rights.

14. Finally, the Deputy High Commissioner updated members of the Committee about recent developments in the work of OHCHR relating to the trafficking and sale of women and children to children affected by armed conflict. He highlighted the importance of the Security Council resolution 1261 (1999) of 25 August 1999 in which the Council strongly condemned the involvement of persons under the age of 18 in armed conflict and emphasized the extremely negative impact of all types of armed conflicts on children.

15. In accordance with a decision of the Committee at its first session, a presessional working group met in Geneva from 7 to 11 June 1999. All the members except Mrs. Amina Hamza El Guindi, Mr. Francesco Paolo Fulci and Mrs. Marilla Sardenberg participated in the working group. Representatives of the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the International Labour Organization and the World Health Organization also participated. 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, also attended.

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

17. Members of the Committee elected Mrs. Nafsiah Mboi and Mrs. Esther Margaret Queen Mokhuane to chair the presessional working group. The latter held eight meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of four countries (India, Mali, the Netherlands and Venezuela) and the second periodic reports of one country (Mexico). 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 23 August 1999.

18. The Committee considered the organization of work at its 558th meeting, on 20 September 1999. The Committee had before it the draft programme of work for the twentysecond session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-first session (CRC/C/87).

19. The Committee noted that its twentythird session would take place from 10 to 28 January 2000 and that its presessional working group would meet from 31 January to 4 February 2000.

(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), 1998 (CRC/C/70) and 1999 (CRC/C/83);

(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/88);

(c) Note by the Secretary-General on the followup to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.11);

(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.13).

21. The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its current session and those which had been received prior to the Committee's twenty-first session (see CRC/C/87, para. 23), the Secretary-General had received the initial reports of the United Kingdom Overseas Territories (CRC/C/41/Add.7), Monaco (CRC/C/28/Add.15), Oman (CRC/C/78/Add.1) and Turkey (CRC/C/51/Add.4) and the second periodic reports of Belarus (CRC/C/65/Add.14), Spain (CRC/C/70/Add.9), the Sudan (CRC/C/65/Add.14), Argentina (CRC/C/70/Add.10), Ukraine (CRC/C/70/Add.11) and the United Kingdom of Great Britain and Nothern Ireland (CRC/C/83/Add.3). The status of submission of reports by States parties under article 44 of the Convention is given in annex III.

22. A list of initial reports considered by the Committee as of 20 September 1999, as well as a provisional list of initial and second periodic reports scheduled for consideration at the Committee's twentythird and twenty-fourth sessions, are contained in annexes IV and V respectively.

23. As at 8 October 1999, the Committee had received 134 initial and 25 periodic reports. A total of 110 reports have been examined by the Committee (see annex IV).

24. At its twentysecond session, the Committee examined initial and periodic reports submitted by six States parties under article 44 of the Convention. It devoted 14 of its 29 meetings to the consideration of reports (see CRC/C/SR.560-561, 564-572 and 578-580).

25. The following reports, listed in the order in which they were received by the Secretary-General, were before the Committee at its twentysecond session: Venezuela (CRC/C/3/Add.54 and 59), Vanuatu (CRC/C/28/Add.8), Mali (CRC/C/3/Add.53), the Netherlands (CRC/C/51/Add.1), Russian Federation (CRC/C/65/Add.5) and Mexico (CRC/C/65/Add.6).

26. 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.

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

28. The Committee considered the initial report of Venezuela (CRC/C/3/Add.54) and its supplementary report (CRC/C/3/Add.59) at its 560th and 561st meetings (see CRC/C/SR.560-561), held on 21 September 1999, and adopted */ the following concluding observations.

29. The Committee welcomes the submission of the State party's initial report, which included concrete information on the situation of children, but regrets the late submission of the written answers to the list of issues (CRC/C/Q/VEN/1). The Committee also regrets that the highlevel delegation from the State party's capital, directly involved in the implementation of the Convention, was at the last minute not able to participate in the dialogue. This unforeseen and unfortunate situation had a negative impact on the dialogue with the State party's delegation. Many questions posed to the State party's delegation had to be transmitted to the State party's capital for a written reply. The Committee notes with appreciation that the replies to these questions were submitted on the agreed deadline, allowing the Committee to make a good assessment of the situation of children's rights in Venezuela.

30. The Committee welcomes the adoption of the Organic Law for the Protection of Children and Adolescents (1999), which reflects the principles and provisions of the Convention. The Committee takes note that this legislation will enter into force in April 2000.

31. The implementation of several programmes for children, in the context of the Agenda Venezuela and of the development programme “Bolivar 2000”, as well as the creation of the Fondo Unico Social (Social Development Fund), which include poverty alleviation measures, are welcomed by the Committee.

32. The Committee welcomes the existence of a partnership between the authorities of the State party and non-governmental organizations (NGOs) working for and with children.

33. The State party's accession to the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption is also welcomed by the Committee.

34. The Committee welcomes the ratification by the State party of International Labour Organization (ILO) Convention No. 138 concerning minimum age for admission to employment as well as the signing (in 1996) of a memorandum of understanding with ILO/IPEC for the eradication of child labour.

35. The Committee notes that widespread poverty and long-standing economic and social disparities within the State party have had a negative impact on the situation of children and have impeded the full implementation of the Convention. The Committee also notes that this situation has been particularly aggravated by severe economic crises and drastic economic reforms.

36. The Committee acknowledges that the State party is going through an important process of political, social and economic transformation, which is a positive fact, but the Committee is concerned that this transformation might result in a considerable slowing down of the efforts to implement the Convention fully.

37. The Committee notes with appreciation the information provided by the State party's delegation that the National Constituent Assembly, in charge of drafting the text of the new national Constitution, is considering introducing a chapter on human rights, including a section on the rights of the child. The Committee encourages the State party to continue in its efforts to introduce the promotion and protection of human rights, including of the rights of the child, in its new Constitution.

38. With regard to the entry into force of the Organic Law for the Protection of Children and Adolescents (Ley Organica para la Protección de Niños y Adolescentes), while noting the measures taken by the State party in preparation for the implementation of this law, the Committee remains concerned about the lack of a comprehensive plan, including the required financial and human resources, and the administrative reform necessary for the full implementation of this legislation. In this regard, the Committee recommends that the State party give priority to the process of implementation of the new Organic Law for the Protection of Children and Adolescents. The Committee further recommends that the State party take effective measures, including the allocation of sufficient levels of resources, both financial and human, for the full implementation of this legislation.

39. Taking into account the current process of institutional reform and taking note that the new Organic Law for the Protection of Children and Adolescents provides for the creation of the National System for the Protection and Integral Development of Children and Adolescents, the Committee remains concerned about the inadequate levels of coordination and monitoring to guarantee the implementation of the Convention. The Committee recommends that the State party take effective measures in order to strengthen coordination among the various governmental bodies at the federal, State and municipal levels involved in the implementation of the Convention. In this regard, the Committee recommends that the State party take effective measures to ensure the establishment of the National System for the Protection of Children and Adolescents. Furthermore, the Committee recommends that the State party guarantee the participation of non-governmental organizations in the new coordination mechanism to be established.

40. The Committee welcomes the efforts undertaken by the State party, in particular by the National Children's Institute (INAM) and the Central Office of Statistics (OCEI), in cooperation with UNICEF and non-governmental organizations, to develop indicators for monitoring the implementation of policies and programmes for children, but it remains concerned that disaggregated data and indicators have not been developed for all areas covered by the Convention. The Committee recommends that the State party continue developing a comprehensive system for the collection of disaggregated data, in order to gather all necessary information on the situation of all children under 18 years of age, including children belonging to vulnerable groups, in the various areas covered by the Convention.

41. While recognizing the efforts of the State party to disseminate the Convention, the Committee is of the opinion that these measures need to be strengthened, especially to facilitate the entry into force of the Organic Law for the Protection of Children and Adolescents. The Committee encourages the State party to reinforce its efforts to make the provisions and principles of the Convention widely known and understood by adults and children alike. Special attention should be paid to increasing awareness of the Convention and to its relationship with the new Organic Law for the Protection of Children and Adolescents.

42. Although the Committee takes note of the efforts of the State party to carry out sensitization programmes on the Convention for local authorities, it considers that training programmes for professional groups working with and for children need to be further developed. The Committee recommends that the State party reinforce its sensitization and training programmes for 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 and health personnel, including psychologists and social workers. The Committee encourages the State party to consider seeking to this effect international cooperation from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF.

43. While the Committee welcomes the establishment of several social programmes for children, it remains concerned that policies for children are fragmented and that a comprehensive national strategy for the implementation of children's rights is lacking. The Committee recommends that the State party give priority to the full implementation of article 4 of the Convention and ensure the appropriate distribution of resources at the central and local levels. Budget allocations for the implementation of the economic, social and cultural rights of children should be ensured “to the maximum extent of available ... resources and, where needed, within the framework of international cooperation” (art. 4 of the Convention). The Committee also recommends that the State party take effective measures for the full implementation of a national policy on the rights of the child, with due regard for the holistic nature of the Convention.

44. The Committee is concerned about the different legal minimum ages for marriage for boys (16) and girls (14), as established in the State party's Civil Code. The Committee considers that this is contrary to the principles and provisions of the Convention, especially its articles 2 and 3. The Committee recommends that the State party harmonize and increase the legal minimum legal ages for marriage. It further recommends that the State party undertake awareness raising campaigns on the negative effects of early marriage.

45. While the Committee is aware of the measures taken by the State party to improve the situation of the most vulnerable groups of children, it is still concerned at the existence of discrimination on the basis of ethnic origin and gender. Additionally, the Committee expresses its concern at the growing number of population living in poor urban and marginalized areas. The Committee recommends that the State Party continue taking effective measures to reduce economic and social disparities. Measures to prevent discrimination against the most disadvantaged groups of children, including girls, children belonging to indigenous and other ethnic groups, children with disabilities, children born out of wedlock and children living and/or working in the streets, should be reinforced.

46. The Committee is concerned that two general principles of the Convention, as laid down in articles 3 (best interests of the child) and 12 (respect of the views of the child), are not fully applied and duly integrated in the implementation of the policies and programmes of the State party. The Committee recommends that further efforts be made to ensure the implementation of the principles of “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. Awareness raising among the public at large, including community leaders, as well as educational programmes on the implementation of these principles, should be reinforced in order to change traditional perceptions of children as objects rather than subjects of rights.

47. With regard to article 6 of the Convention, the Committee expresses its concern about the alleged cases of killings of children during anti-crime operations. The Committee recommends that the State party undertake effective measures to prevent these type of situations and, in order to avoid impunity of the alleged perpetrators, use its judicial mechanisms effectively to investigate these killings.

48. The Committee welcomes the measures taken by the State party in the area of birth registration, especially those recently implemented in the framework of the National Plan on Birth Registration, but it remains concerned at the large number of children without birth certificates and at the related impact on the enjoyment of their rights. Particular concern is expressed in this area with regard to the situation of children belonging to indigenous groups and to illegal immigrant families. In the light of article 7 of the Convention, the Committee recommends that the State Party continue its efforts to ensure the immediate registration of the birth of all children, including measures in cooperation with non-governmental organizations and with the support of international organizations, to ensure that birth registration procedures are widely known and understood by the population at large. In this regard, the situation of children belonging to indigenous groups and to illegal immigrant families deserves special attention.

49. With regard to the State party's initiatives to promote children's participatory rights, such as the Children and Youth Parliaments and school governments, the Committee is concerned about the insufficiency of these measures and the lack of follow-up and evaluation of the current initiatives. The Committee recommends that these measures should be strengthened to promote the participation of children in the family, in the community, in school and in other social institutions, as well as to ensure the effective enjoyment by them of their fundamental freedoms, including freedom of opinion, expression and association.

50. The Committee expresses its concern at the persistent allegations about children being detained in conditions which amount to cruel, inhuman or degrading treatment, and about children being physically ill-treated by members of the police or the armed forces. In the light of article 37 and other related articles of the Convention, the Committee recommends that the State party use its judicial mechanisms effectively to deal with complaints of police brutality, ill-treatment and abuse of children, and that cases of violence and abuse against children be duly investigated in order to avoid the impunity of perpetrators.

51. The Committee welcomes the measures taken to eliminate irregularities in the procedures concerning adoption (e.g., direct placement of children, known as entrega inmediata), but it remains concerned that the State party has not reformed its domestic legislation relating to intercountry adoption in accordance with the obligations established under the Hague Convention of 1993 on the Protection of Children and Co-operation in respect of Intercountry Adoption. The Committee recommends that the State party enact specific legislation regulating the process of intercountry adoption to make it comply with the international obligations established in the Hague Convention of 1993 on the Protection of Children and Co-operation in respect of Intercountry Adoption. Furthermore, the Committee suggests that the State party consider withdrawing its declarations made under article 21 (b) and (d) of the Convention, in view of the fact that these declarations have become irrelevant as a result of the State party's accession to the abovementioned Hague Convention.

52. The Committee is concerned that child abuse and neglect are reported to be widespread in the State party. In this regard, concern is expressed at the insufficient awareness of the harmful consequences of neglect and abuse, including sexual abuse, both within and outside the family; at the insufficient financial and trained human resources allocated to prevent abuse and neglect; and at the insufficient rehabilitation measures and facilities available for victims. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party continue taking all appropriate measures to prevent and combat child abuse and neglect of children within the family, at school and in society at large, including setting up multidisciplinary treatment and rehabilitation programmes. It suggests that law enforcement should be strengthened with respect to such crimes and that procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice, in order to avoid impunity of the offenders. Furthermore, educational programmes should be established to combat traditional attitudes in 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.

53. While taking note of the State party's achievements in the area of basic health and welfare, the Committee is concerned at the negative impact of the declining economic situation on the health of children, in particular the deterioration of infant and under five mortality rates, as well as at the prevalence of malnutrition among children. The Committee recommends that the State party continue taking all appropriate measures, including through international cooperation, to ensure access to basic health care and services for all children. More concerted efforts need to be taken to combat malnutrition and ensure the adoption and implementation of a national nutritional policy and action plan for children. The Committee also recommends that the State party undertake initiatives relating to the reduction of infant mortality, for instance the “Integrated management of childhood illnesses” (IMCI), a joint programme of WHO and UNICEF.

54. While welcoming the State party's initiatives in the field of adolescent health, in particular the National Plan for the Prevention of Early Pregnancy, the Committee expresses its concern at the still high teenage maternal mortality and pregnancy rates, at the insufficient access by teenagers to reproductive health education and counselling services, including outside school, and at the increasing incidence of HIV/AIDS, STDs and drug and substance abuse (e.g., glue-sniffing) among children and adolescents. The Committee suggests that a comprehensive and multidisciplinary study be undertaken of the scope of the phenomenon of adolescent health problems, especially with regard to early pregnancy and maternal mortality. The Committee recommends that the State party adopt comprehensive adolescent health policies and strengthen reproductive health education and counselling services. The Committee further recommends the State party continue taking measures for the prevention of HIV/AIDS and take into consideration the Committee's recommendations adopted on its day of general discussion on “Children living in a world with HIV/AIDS” (CRC/C/80). The Committee also recommends that further efforts, both financial and human, be undertaken for the development of child friendly counselling services, as well as care and rehabilitation facilities for adolescents. Measures to combat and prevent substance abuse among children should be strengthened.

55. The Committee welcomes the State party's efforts in the field of education, in particular the inclusion of human rights teaching, including children's rights, in the school curricula, but it remains concerned about the high drop-out and repetition rates in primary and secondary schools, regional disparities in access to education, the insufficient number of well-trained teaching staff and children's limited access to material and textbooks. In the light of articles 28 and other related articles of the Convention, the Committee recommends that the State party continue its efforts in the field of education by strengthening its policies and system in order to improve ongoing retention programmes and vocational training for drop-out students; to improve school infrastructure; to continue with curricular reform, including teaching methodologies; to eradicate regional disparities with reference to school enrolment and attendance; and to implement special education programmes, taking into account the needs of working children.

56. The Committee remains concerned about the lack of specific legal provisions for the protection of unaccompanied refugee and asylum-seeking children. This is a concern owing to the increasing number of refugees in the State party. The Committee recommends that the State party enact legislation that reflects international standards for the protection of refugee children. The Committee suggests that the State party consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

57. The Committee is aware of the measures taken by the State party, in particular by the Direction of Indigenous Affairs of the Ministry of Education, but it remains concerned about the living conditions of children belonging to indigenous and ethnic groups, especially with regard to the full enjoyment of all the rights enshrined in the Convention. In the light of articles 2 and 30 of the Convention, the Committee recommends that the State party take effective measures to protect children belonging to indigenous and ethnic groups against discrimination and to guarantee their enjoyment of all the rights recognized by the Convention on the Rights of the Child.

58. The Committee remains concerned that a large number of children are still involved in labour activities, particularly in the informal sector, including domestic workers, and in the family context. Concern is also expressed about the insufficient law enforcement and lack of adequate monitoring mechanisms to address this situation. In the light of, inter alia, articles 3, 6 and 32 of the Convention, the Committee recommends that the State party continue working in cooperation with ILO/IPEC for the establishment and implementation of a national plan for the elimination of child labour and undertake all the actions envisaged in the Memorandum of Understanding with ILO/IPEC. The situation of children involved in hazardous labour, especially in the informal sector where the majority of working children are found, deserves special attention. The Committee also recommends that child labour laws be enforced, that labour inspectorates be strengthened, and that penalties be imposed in cases of violation. The Committee encourages the State party to consider ratifying the new ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).

59. The Committee expresses its concern at the absence of data and of a comprehensive study on the issue of sexual commercial exploitation and sexual abuse of children, at the lack of a national plan of action to address this issue and at the inadequacy of the State party's legislation to deal with it. In the light of article 34 and other 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 prevent and combat this phenomenon. The Committee recommends that the State party take into account the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.

60. While the Committee notes the information submitted by the State party on the trafficking and sale of Ecuadorean children and welcomes the measures undertaken by the State party's authorities to combat this phenomenon, the Committee is of the opinion that measures in this regard need to be strengthened. 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. 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 regional agreements with neighbouring countries. Rehabilitation measures for the child victims of trafficking and sale should be established.

61. With regard to the juvenile justice system, the Committee is concerned about:

(a) The general situation of the administration of juvenile justice and in particular its compatibility with the Convention and other recognized international standards;

(b) The fact that deprivation of liberty is not used as a measure of last resort;

(e) The insufficiency of facilities and programmes for the physical and psychological recovery and social reintegration of juveniles.

(a) Take additional measures to reform the juvenile justice system in accordance with the Convention, in particular articles 37, 40 and 39, and with 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;

(b) Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time, protect the rights of children deprived of their liberty and ensure that children remain in contact with their families while in the juvenile justice system;

(c) Introduce training programmes on relevant international standards for all professionals involved with the juvenile justice system;

(d) Seek technical assistance in the area of juvenile justice and police training from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, UNICEF and the International Network on Juvenile Justice, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.

62. Finally, 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 publication of the report, along with the relevant summary records and concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.

63. The Committee considered the second periodic report of the Russian Federation (CRC/C/65/Add.5) at its 564th and 565th meetings (see CRC/C/SR.564-565), held on 23 September 1999, and adopted */ the following concluding observations.

64. The Committee welcomes the submission of the State party's second periodic report and takes note of the detailed written answers to the list of issues (CRC/C/Q/RUS/2) submitted by the State party. The Committee notes with appreciation the high-ranking composition of the State party delegation which appeared before the Committee, the delegation’s frankness in discussion and the constructive efforts made to provide additional information in the course of the dialogue.

65. The Committee takes note of the efforts made by the State party to strengthen the legislative base for the protection of the rights of the child in the Russian Federation, including amendments to the Family Code, Criminal and Penal Codes and the Education Act, and the adoption of the 1999 Federal Prevention of Child Neglect and Juvenile Crime Act and the 1998 Federal Law on the Basic Guarantees of the Rights of the Child.

66. The Committee welcomes the institution of the Human Rights Commissioner in 1997, the establishment of the intersectoral committee and the appointment of child rights commissioners in five regions and cities. The Committee notes with satisfaction the commitment expressed by the State party delegation to the establishment of an Office of Federal Commissioner for Child Rights, following the recommendations of the Human Rights Commissioner, members of the State Duma and national NGOs.

67. While the Committee takes note of the many laws that have been adopted and amended in recent years, it remains concerned that the State party has not fully complied with the recommendations made by the Committee in 1993 to ensure that domestic legislation is in full conformity with the principles and provisions of the Convention.

68. The Committee recommends that the State party take all appropriate measures to expedite the process of law reform, especially with regard to reforms improving upon the administration of juvenile justice and the criminal justice procedure, the protection of the rights of children with disabilities, the protection of children from alcohol, drug and substance abuse, the protection of children from pornography, the protection of children from all kinds of violence and abuse, including domestic violence, and the establishment of standards and monitoring mechanisms with regard to all the different child-related kinds of institutions.

69. The Committee encourages the State party to complete the process of adopting the necessary resolutions and directives, and to allocate the professional manpower and financial resources required for the effective implementation of all child-related legislation.

70. While the Committee welcomes the institution in 1997 of the Human Rights Commissioner and of pilot projects for child rights commissioners in a few regions, it is still concerned at the limited powers and status of these bodies and the crucial need for the State party to provide for an independent monitoring structure to review implementation of the Convention within the State party.

71. The Committee recommends that the State party consider the establishment of an independent Ombudsman for children at the federal level, with clear links to similar mechanisms at regional levels, each with a clearly defined and appropriate mandate, including the monitoring of care and juvenile justice structures, and powers and resources sufficient to guarantee effectiveness.

72. While the Committee acknowledges the State party’s efforts to set up a coordinating committee to implement the Convention on the Rights of the Child, it remains concerned at the lack of adequate coordination between various federal government entities dealing with children and at the absence of any focal point with overall responsibility for child rights strategies, policies and activities within the State party. Further, the Committee is concerned that the decentralization of responsibilities and actions from the federal authorities to their regional counterparts lacks sufficient guarantees to prevent disparities in the protection of children’s rights.

73. The Committee encourages the State party to strengthen coordination between the various government bodies involved in child rights at both federal and regional levels, and to consider unifying the different agencies under one focal ministry in order to promote better coordination. The Committee further encourages the State party to ensure that the division of responsibilities between federal and regional authorities provides for the best possible protection of children’s rights.

74. The Committee is concerned that the prolonged financial crisis has had a negative impact on the development of children, leading to a worsening of their living conditions, as well as on the implementation of social investment programmes and, ultimately, on respect for the rights of the child. In particular, the Committee is seriously concerned at the widespread poverty, the weakening of the family structure, the increasing numbers of neglected and homeless children and children living and working in the street, the high numbers of suicides, the extent of drug and alcohol abuse and increases in juvenile delinquency.

75. The Committee recognizes the State party’s efforts to temporarily “target” existing assistance to families with the lowest incomes, however, the Committee is particularly concerned that those families and children who will not receive assistance during this interim period will suffer. The Committee is also concerned at non-, or delayed, payment of State benefits, in particular child allowances.

76. In the light of articles 2, 3 and 4 of the Convention, the Committee recommends that the State party undertake all appropriate measures to the maximum extent of its available resources to ensure that budgetary allocations for health, education and other social services for children are adequately protected, in particular for children belonging to vulnerable and marginalized groups.

77. Furthermore, the Committee encourages the State party to seek additional solutions to budgetary problems, such as retargeting expenditure or prioritizing programmes and increasing the proportion of international assistance used to further the State party’s implementation of the Convention on the Rights of the Child.

78. The Committee urges the State party to ensure that all benefit payments are made, that the use of targeted benefits is monitored and that the presidential programmes included in “Children in Russia” all be appropriately funded.

79. The Committee further recommends that the State party review its budgetary allocation policies so as to maximize the available resources allocated to the protection of the most vulnerable groups, and continue to implement the Committee’s 1993 recommendation regarding careful monitoring of the impact of the economic crisis on the standard of living of children.

80. The Committee is concerned at the limited implementation of its 1993 recommendation concerning the need to support the involvement of NGOs in the implementation of the Convention.

81. The Committee encourages the State party to increase its support for, and cooperation with, NGOs in their efforts to provide training, disseminate information about the Convention and to monitor implementation, including through strengthening partnership in the reporting process and in the monitoring of care and juvenile justice institutions.

82. The Committee is concerned that the State party’s efforts still need to be increased in connection with the Committee’s 1993 encouragement to continue dissemination of the principles and provisions of the Convention.

83. The Committee recommends that the State party take further measures to publicize and teach the principles and provisions of the Convention among the adult population, including professional groups and parents, as well as among children.

84. While the Committee welcomes the State party’s adoption of legislation banning discrimination, it remains concerned at the growing disparities between regions, including notably the far north, and between urban and rural children, in legislation, budgetary allocations, policies and programmes concerning health, education and other social services and with the situation of children in need of special protection.

85. The Committee is also concerned at the disadvantaged situation of girls in rural areas, particularly with regard to access to education, health and protection from sexual abuse and exploitation.

86. Furthermore, the Committee is concerned at general reports of a growth in the incidence of racism and xenophobia in the State party.

87. The Committee recommends that the State party intensify measures to reduce economic, social and regional disparities, and take further steps, along the line of the Committee’s 1993 recommendation, to prevent any discrimination against children or disparities in their treatment, including with regard to children with disabilities and children belonging to religious and ethnic minorities.

88. In the light of article 6 of the Convention, the Committee is concerned at the threat posed to the child’s right to life by the rapidly increasing rates of child suicide and killings of children, in particular concerning boys.

89. The Committee recommends that the State party take all appropriate measures with a view to bringing about a reversal in recent increases in child suicide and killing, and to promoting preventive efforts, including a strengthening of measures already taken to increase crisis intervention and preventive support and counselling services to assist children, especially adolescents, and families at risk.

90. The Committee is concerned at allegations of widespread practice of torture and ill-treatment, and conditions amounting to inhuman or degrading treatment, of children living in institutions in general and in places of detention or imprisonment in particular - including acts committed by law enforcement officials involving corporal punishment.

91. The Committee recommends that the State party take appropriate measures to bring to an end and prevent these practices and to duly investigate allegations and punish perpetrators of such acts. The Committee also endorses the implementation of the recommendations made by the Committee against Torture and the Special Rapporteur on torture with regard to these concerns.

92. Further, the Committee recommends that the State party monitor and bring to an end corporal punishment practices in institutions.

93. While the Committee welcomes the growing awareness by the State party of the dangers of domestic violence, the Committee remains concerned at the persistent ill-treatment and neglect of children in the State party in the context of the family. The Committee is also concerned at the widespread incidence of violence against women and its impact on children.

94. The Committee recommends that the State party give special attention to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family.

95. The Committee stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence against children, in accordance with article 19 of the Convention.

96. The Committee also suggests that comprehensive studies on these problems be initiated in order to facilitate the elaboration of policies and programmes, including treatment and rehabilitation programmes.

97. Further, in the light of the Committee’s recommendation contained in paragraph 21 of its 1993 concluding observations (CRC/C/15/Add.4) the Committee encourages the State party to promote child-friendly procedures for complaint, investigation and presentation of evidence for child victims of violence and abuse, and to reinforce the investigation of crimes committed, and the prosecution and appropriate punishment of perpetrators.

98. The Committee expresses serious concern at prevailing policies and practices of institutionalization and at the extremely high number of children in institutions and the living conditions in these institutions. With reference to article 25 of the Convention, the Committee is also concerned that periodic review of placement is not systematically guaranteed, and that the Committee’s 1993 recommendations in this regard have not been fully implemented.

99. The Committee refers to paragraph 19 of its 1993 concluding observations (CRC/C/15/Add.4) and recommends that the State party seek to formulate national policy on de-institutionalization, increase the use of alternative measures to the institutionalization of children and consider measures to strengthen community oriented social services.

100. In this perspective, the Committee encourages the State party to take effective measures to provide families where children may be at risk of neglect or abuse with support, education and counselling services, so as to prevent the occurrence of abuse and the need to remove children from parental care. The Committee also recommends the strengthening of adoption and foster care as alternatives to institutionalization.

101. The Committee also recommends that appropriate procedures be adopted to provide for the periodic review of all types of placement. In the light of article 3, paragraph 3, of the Convention, the Committee further recommends the reform, including legal reform, of the institutional system by the establishment of standards for conditions in institutions and their regular inspection, in particular by reinforcing the role and powers of independent inspection mechanisms and ensuring their right to inspect foster homes and public institutions without warning. In this regard, the Committee urges the State party to seek technical assistance, inter alia from the United Nations Children’s Fund (UNICEF) and the World Health Organization.

102. The Committee is concerned at the situation of children with disabilities, especially children with mental disabilities and children living in institutions. In particular, the Committee is concerned at the current diagnostic system and practices, at conditions for disabled children living in institutions, at the lack of adequate professional assistance for the development, treatment and rehabilitation of children with disabilities and at the slow process of inclusion of children with disabilities in mainstream education.

103. The Committee encourages the State party to pursue its efforts to improve the early diagnosis of children with physical and mental disabilities and to prevent as far as possible their being placed in institutions. It recommends the strengthening of professional treatment services and the support and counselling provided to families in order to enable children to live at home and to promote their social inclusion.

104. The Committee encourages the State party to strengthen its efforts to benefit from international cooperation, in accordance with article 23, paragraph 4, of the Convention, with a view to enhancing policies on integrating children with disabilities into society.

105. The Committee is concerned at the insufficient guarantees against the illicit transfer and the trafficking of children out of the State party and the potential misuse of intercountry adoption for purposes of trafficking, inter alia for economic and sexual exploitation.

106. The Committee encourages the State party actively to consider ratification of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Committee welcomes the information that the State party is considering ratification of the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption and urges the State party to expedite its efforts to accede to the Convention. In the light of article 21 of the Convention, the Committee recommends that efforts be strengthened to establish procedures regarding intercountry adoption with a view to protecting the best interests of the child.

107. The Committee notes with appreciation the efforts undertaken by the State party in the area of basic health and welfare, especially its efforts to improve maternal health care and reduce infant mortality rates. It also welcomes the success achieved in complying with the Committee’s 1993 recommendation in regard to immunization programmes. The Committee is still concerned at the persistence of a high infant mortality rate and at the deteriorating health infrastructure and services. Furthermore, the increase in parasitic, infectious and respiratory illnesses (tuberculosis in particular) is an issue of great concern to the Committee, as is also the increase in malnutrition and the small percentage of children who are breastfed.

108. The Committee recommends that the State party consider seeking technical assistance to continue its efforts to reverse the deterioration in primary health care. In particular, the Committee urges the State party to continue efforts to cure and prevent the spread of tuberculosis and other diseases, to continue efforts to reduce the use of abortion as a means of contraception, and to promote breastfeeding.

109. The insufficient information on preventive campaigns and rates of HIV/AIDS and sexually transmitted diseases (STDs) is a matter of concern to the Committee.

110. The Committee recommends that the State Party guarantee the effectiveness of measures taken to ensure access for adolescents to sex education, including information about contraception and STDs, measures to promote adolescent health by strengthening reproductive health and family planning services, as well as counselling services, and measures to prevent and combat HIV/AIDS, STDs and teenage pregnancy and abortions.

111. The Committee notes the State party’s efforts on education, especially the adoption of a new Education Act, which is aimed at ensuring the continued provision of free and compulsory basic education and increasing the accessibility of free secondary education. In this regard, the Committee remains concerned at the growing drop-out rates, the reduction in enrolment rates for vocational and technical secondary education - especially among girls - and the deterioration of school infrastructure and of the conditions of service for teachers, including low wages and delays in payment.

112. The Committee encourages the State Party to collect information on drop-out rates and their causes, and on the situation of children expelled for disciplinary reasons. It also encourages the State party to continue its efforts to shelter the education system from the impact of the economic crisis and, in particular, to give further attention to the conditions of service of teachers. The Committee encourages the State party to introduce human rights, including children’s rights, into the school curricula as an independent subject.

113. The Committee is concerned at reports that some municipal administrations are continuing to prevent parents and their children from having access to medical, educational and other social services in a city for which they do not have a residency permit, notwithstanding this practice being prohibited by law. Its practice is particularly harmful to internally displaced children, migrants and asylum-seekers, and children working and living in the street.

114. The Committee urges the State party to end this practice of discrimination against children without residence permits through, inter alia, training and awareness raising for local government and law-enforcement officials.

115. The Committee is concerned at the treatment of asylum-seekers and at the practice of refusing children and their families, in particular those not arriving from former territories of the Soviet Union, the right to register their application for asylum.

116. The Committee encourages the State Party to ensure adequate legal protection of refugee children, including access to health, education and other social services.

117. The Committee recommends that a review be undertaken of procedures, policies and practices concerning the right to register applications for asylum, especially on behalf of unaccompanied children.

118. The Committee is concerned at the lack of respect for the rights of children in areas of ongoing armed conflict within the State party, such as in Chechnya and Dagestan. The Committee is concerned, especially, at the involvement of children in armed conflict, at violations of provisions of international humanitarian law and at the number and situation of internally displaced children. The Committee is also concerned at the application, by courts in Chechnya, of the death penalty and certain corporal punishments, including mutilation, when sentencing children. In addition, the Committee is concerned at reports of alleged summary executions, involuntary disappearances, arbitrary detention, torture and ill-treatment of children in the region.

119. The Committee encourages the State party to ensure that children and other civilians are protected during periods of conflict and that support and rehabilitative assistance, including psychological aid, is made available to internally displaced children and children living in regions of armed conflict.

120. The Committee remains concerned that child labour and economic exploitation are a growing problem affecting children in the State party. Additionally, the Committee is concerned at the high number of children working and/or living in the street who require special attention because of their increased vulnerability to involvement in juvenile crime, alcohol and substance abuse and sexual exploitation - including through criminal organizations.

121. The Committee encourages the State party to give specific attention to monitoring the full implementation of labour laws, in particular in the “informal” sector, to protect children from being economically and sexually exploited, including through prostitution. The Committee recommends that the State party undertake research on the issue of children living and/or working in the street with a view to improving policies, practices and programmes concerning these children.

122. Finally, the Committee recommends that the State party consider seeking technical assistance from the ILO-IPEC when developing a comprehensive policy to prevent and combat the growing problem of child labour, that the State party strengthen its efforts to implement the provisions of ILO Convention (No. 138) concerning the Minimum Age for Admission to Employment (1973) and that the State party consider ratifying ILO Convention No 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).

123. The Committee is concerned at the growing problem of alcohol, drug and other substance abuse among children and their families.

124. The Committee recommends that the State party undertake additional efforts to prevent the abuse of alcohol by children and their involvement in the distribution and consumption of drugs. The Committee also recommends that further measures be undertaken to provide adequate treatment, rehabilitation and support services to children and their families involved in alcohol, drug and substance abuse.

125. The insufficient legislation, policies and programmes to protect children from commercial sexual exploitation, abuse and pornography is a matter of concern to the Committee.

126. Further to the recommendation contained in paragraph 24 of its 1993 concluding observations (CRC/C/15/Add.4), the Committee recommends that the State party undertake a comprehensive study on commercial sexual exploitation and abuse and the use of children in pornography. The Committee also recommends that additional legislative measures be undertaken and that services be expanded in order to enhance the protection of children from sexual exploitation and abuse, and to ensure the treatment and rehabilitation of child victims. The Committee further encourages the State party, in its efforts to address commercial sexual exploitation, to take into account the recommendations formulated in the Agenda for Action adopted at the World Congress Against Commercial Exploitation of Children, held in Stockholm in 1996.

127. While the Committee notes the 1996 Federal National Cultural Autonomy Act and programmes designed to provide support to minorities, the Committee remains concerned at the living conditions of ethnic minorities, especially in the north, and their access to health, educational and other social services. The Committee is also concerned at the growing incidence of societal discrimination against children belonging to ethnic minorities.

128. The Committee recommends that the State party take all necessary measures to protect minority children from discrimination and to guarantee their full access to educational, health and other social services.

129. The area of juvenile justice is a matter of persistent and serious concern to the Committee, in particular regarding the insufficient implementation by the State party of the Committee’s 1993 recommendation on the need to set up a system of juvenile justice, including the adoption of a law on juvenile justice and the establishment of juvenile courts.

130. The Committee expresses its concern over reports of police brutality and torture committed against detained juveniles during the investigation of their alleged acts, and its concern over the extended periods of pre-trial detention of juvenile detainees at the discretion of the Procurator. The Committee is also seriously concerned at the treatment of juvenile offenders living in educational colonies, places of pre-trial detention or in special educational establishments, and at the poor conditions of detention and in prisons in general.

131. In the light of the Committee’s recommendations contained in paragraphs 22 and 23 of its 1993 concluding observations (CRC/C/15/Add.4), articles 37, 40 and 39 of the Convention, as well 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, the Committee recommends that the State party take particular measures to implement, as soon as possible, the planned reform of the system of juvenile justice, including the adoption of comprehensive legislation on juvenile justice, the introduction of special juvenile courts with trained juvenile judges and the revision of the Code of Criminal Procedure, so as to transfer the power to order the arrest of juveniles from the Procurator to the juvenile courts, to limit the term of pre-trial detention and to expedite court procedures and the training of law enforcement and judicial officials in child rights and the rehabilitative aims of juvenile justice, as provided for by the Convention on the Rights of the Child.

132. The Committee strongly urges the State party to use the deprivation of liberty only as a measure of “last resort” in dispensing juvenile justice, as required by the Convention. To this end, the Committee urges the State party to make wider use of alternatives to deprivation of liberty, to make the necessary resources available for administering such alternatives and to restructure juvenile reform institutions with a view to enhancing the rehabilitation of juvenile delinquents.

133. The Committee also urges the State party to take immediate measures to protect the rights of children deprived of their liberty, by providing legal assistance to children and by improving conditions in places of detention, including pre-trial detention centres and educational colonies. Further, the Committee recommends the establishment of an appropriate and independent child-friendly complaint mechanism in cooperation with NGOs, the timely addressing of rights violations observed and programmes to assist in the rehabilitation and reinsertion into society of juveniles following their release from detention.

134. The Committee recommends that the State party consider seeking international cooperation and technical assistance with regard to juvenile justice from, inter alia, the United Nations Centre for International Crime Prevention, the Office of the High Commissioner for Human Rights, UNICEF and the International Network on Juvenile Justice through the United Nations Coordination Panel on Juvenile Justice.

135. Lastly, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and the written replies submitted by the State party be made widely available to the public, along with the summary records of the relevant meetings and the concluding observations adopted by the Committee. Such wide distribution should generate debate and awareness of the Convention and the state of its implementation, particularly within the Government, the relevant ministries, the Parliament and non-governmental organizations.

136. The Committee considered the initial report of Vanuatu (CRC/C/28/Add.8) at its 566th to 567th meetings (CRC/C/SR.566-567), held on 24 September 1999, and adopted */ the following concluding observations.

137. The Committee welcomes the submission of the State party’s initial report and the written replies to its list of issues (CRC/C/Q/VAN/1). The Committee is encouraged by the constructive and open dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a representative directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.

138. The Committee appreciates the State party’s initiative of establishing an Ombudsman Office mandated to handle complaints by children whose rights have been violated. In this connection, the Committee notes the efforts of the Ombudsman to facilitate the ban on the use of corporal punishment in schools and to promote greater awareness among the police of the principles and provisions of the Convention.

139. The Committee notes that the Convention has been made available in English and French and that it has been translated by the State party into Bislama.

140. The Committee takes note of the efforts made by the State party in the area of primary health care services, which have improved the chances of survival and development for children.

141. The Committee acknowledges that the socio-economic, geographic and political difficulties facing the State party have impeded the full implementation of the Convention. In particular it notes the challenges faced by the State party in implementing adequate programmes and services for children in its dispersed island communities, some of which are isolated and very difficult to reach. The Committee acknowledges the vulnerability of the State party with respect to natural disasters such as cyclones, typhoons, tidal waves and flooding, and the challenges faced in this regard. The Committee further notes that the limited availability of human resources has also adversely affected the full implementation of the Convention.

142. The Committee expresses its concern that domestic legislation and customary law do not fully reflect the principles and provisions of the Convention. The Committee recommends that the State party undertake a review of its domestic legislation with a view to ensuring full conformity with the principles and provisions of the Convention. The Committee also recommends that the State party consider the enactment of a comprehensive children’s code. In this regard, the Committee further recommends that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF.

143. While the Committee notes that the State party has elaborated a proposal to establish a Children’s Office and a National Children’s Committee, it remains concerned that the proposal has not yet been implemented and that the modus operandi of the agencies has not been clearly articulated. The Committee strongly recommends that the State party undertake all necessary measures to ensure that the proposal is carried out as soon as possible and that adequate funding is allocated to ensure that the Office and the Committee are effectively established.

144. The Committee notes that the State party has elaborated a National Programme of Action for Children (1993-2000) which focuses on health; population and family planning; nutrition; water supply and environmental sanitation; agriculture, livestock and fisheries; and education. However, the Committee is concerned that a specific budget has not been allocated for the implementation of the Programme. The Committee encourages the State party to undertake all appropriate measures to implement the National Programme of Action for Children. In this connection, the Committee recommends that the State party seek technical assistance from, inter alia, UNICEF and the World Health Organization (WHO).

145. The Committee is concerned at the lack of a data collection mechanism within the State party to make possible the systematic and comprehensive collection of disaggregated data for all areas covered by the Convention and 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 State party develop a comprehensive system of data collection consistent with the Convention. This system should cover all children up to the age of 18 years, with specific emphasis on those who are particularly vulnerable, including children with disabilities, child victims of abuse or ill-treatment, and children living in remote island and urban squatter communities.

146. The Committee remains concerned that, in the light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources in favour of children. 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.

147. The Committee notes the efforts of the State party in disseminating information about the Convention and recognizes the challenges faced in this regard, particularly in the light of the fact that 82 per cent of the population live in remote island communities. However, the Committee is concerned that the general population remains insufficiently aware of the Convention and the rights-based approach enshrined therein. The Committee recommends that the State party develop more creative methods to promote the Convention, including through visual aids such as picture books and posters. Additionally, the Committee recommends the use of traditional methods of communication in promoting the principles and provisions of the Convention. The Committee also recommends adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers, school administrators and health personnel. The Committee further recommends that efforts be made to sensitize civil society, including community chiefs, religious leaders, NGOs and the media, about children’s rights and to facilitate their participation in the dissemination and promotion of the Convention. The State party is encouraged to fully integrate the Convention into the curricula at all levels of the educational system. It is suggested that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, UNICEF and UNESCO.

148. The Committee expresses concern regarding the low minimum age for criminal responsibility (10 years). The Committee is also concerned about the disparity between the minimum legal age for the marriage of boys (18 years) and that of girls (16 years). The Committee recommends that the State party review its legislation in order to bring it into full conformity with the provisions and principles of the Convention.

149. The Committee is concerned 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, and 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 discussion and decision-making, but are also appropriately integrated in all legal revisions, as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.

150. The Committee is concerned that traditional practices and attitudes still limit the full implementation of the Convention, in particular article 12. The Committee recommends that the State party seek to develop a systematic approach, with the involvement of community chiefs, religious leaders and civil society, to increase public awareness of the participatory rights of children and encourage respect for the views of the child within the family, in school and generally in society.

151. While the Committee is aware that corporal punishment is prohibited by law in schools, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within the family, in schools, care and juvenile justice systems and generally in society. The Committee recommends that the State party reinforce measures to raise awareness of the negative effects of corporal punishment and ensure that alternative forms of discipline are administered in families, schools, and care and other institutions, in a manner consistent with the child’s dignity and in conformity with the Convention. In this connection, the Committee recommends that the State party provide counseling and other programmes for parents, teachers and professionals working in institutions to encourage their use of alternative forms of punishment. In addition, the Committee strongly recommends that all necessary measures be taken to ensure the full and effective implementation of the ban on corporal punishment in schools.

152. The lack of data, appropriate measures, mechanisms and resources to prevent and combat domestic violence, including child sexual abuse, are matters of grave concern to the Committee. In the light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, to understand the scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes. The Committee also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, 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 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. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF and WHO.

153. The Committee notes the efforts of the State party to improve the general situation of health. In particular, it notes that both the infant mortality rate and the under-five mortality rate have declined rapidly during the past decade and that immunization coverage has improved considerably. The Committee also notes that the State party has implemented a food and nutrition programme, which has resulted in a reduction in the incidence of malnutrition. The Committee is concerned, however, that the survival and development of children within the State party continue to be threatened by malaria, acute respiratory infections and diarrhoeal diseases. The Committee is also concerned about the insufficient number of trained health workers; wide discrepancies in the distribution of health professionals between communities; limited access to health services in some island communities; poor sanitation and limited access to safe drinking water, particularly in remote areas. The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children and facilitate greater access to primary health services. The Committee recommends that the State party continue its efforts to reduce the incidence of maternal, child and infant mortality; improve breastfeeding practices; and prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children. The Committee also recommends that the State party undertake additional measures to increase access to safe drinking water and to improve sanitation. Additionally, the Committee encourages the State party to continue its technical cooperation programmes with UNICEF, WHO and others to improve primary health care.

154. While noting with appreciation the activities of the Vanuatu Society of Disabled Persons regarding assistance to and rehabilitation of children with disabilities, the Committee remains concerned that insufficient efforts have been made to protect the rights of children with disabilities. The Committee recommends that the State party allocate the necessary resources for programmes and facilities for children with disabilities. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69), it is also recommended that the State party develop early identification programmes to prevent disabilities, establish special education programmes for children with disabilities and further encourage their integration into the educational system and their inclusion in society. The Committee recommends that the State party seek technical cooperation for the training of persons working with and for children with disabilities from, inter alia, UNICEF and the WHO.

155. The Committee expresses its concern regarding the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including accidents, suicide, violence and abortions. The Committee is particularly concerned at the high and increasing incidence of teenage pregnancy and sexually transmitted diseases (STDs) as well as the prevalence of the use of alcohol and tobacco among youth. The Committee recommends that the State party increase its efforts to promote adolescent health policies, particularly with respect to accidents, suicide, violence, alcohol consumption and tobacco use. The Committee further suggests that a comprehensive and multidisciplinary study be undertaken on adolescent health problems, including the negative impact of early pregnancy and STDs. Additionally, it is also recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly counselling, care and rehabilitation facilities that would be accessible, without parental consent, in the best interests of the child. The State party is urged to strengthen reproductive health education programmes for adolescents and to ensure the inclusion of men in all training programmes on reproductive health.

156. The Committee notes the importance of the role of traditional education, particularly in remote island communities. The Committee expresses grave concern that primary education is still not compulsory and free to all children in the State party. Further, the Committee is concerned about the limited access to education, the low rate of enrolment of girls, the low literacy rate, the poor quality of education, the general lack of relevant learning material and other resources, and the insufficient numbers of trained/qualified teachers. There is a concern that efforts have not been made to introduce local languages into the education curricula. Many parents continue to see education as having a negative impact on the behaviour of children. In the light of article 28.1 (a), it is strongly recommended that the State party undertake, within two years, to elaborate, adopt and submit to the Committee a detailed plan of action for the progressive implementation, within a reasonable number of years, of compulsory education free of charge for all. The Committee further recommends that the State party undertake a study of the educational system with a view to improving access to education at all levels of the system, increasing the enrolment rate of girls, particularly at the secondary level, introducing local languages as additional tools of instruction, and improving the overall quality of education. The Committee also recommends that a public education campaign be undertaken to promote the importance of education and to influence cultural attitudes positively in this regard. It is recommended that the State party seek technical cooperation from, inter alia, UNICEF and UNESCO.

157. The Committee is concerned at the insufficient data on child labour and economic exploitation of children. Given the limited access to secondary education and the resulting early employment of children, the Committee suggests that the State party undertake a survey on child labour and economic exploitation, particularly in the informal sector.

158. The Committee is concerned about the problems faced by the State party with respect to its judiciary, including the juvenile justice process. The Committee acknowledges the information provided about the traditional way in which juvenile delinquency is treated and recommends that the State party:

(a) Undertake measures 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;

(b) Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice; and

(c) Consider seeking technical assistance in the area of juvenile justice and police training from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice, UNICEF and the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.

159. 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 concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including non-governmental organizations.

160. The Committee considered the second periodic report of Mexico (CRC/C/65/Add.6) and its supplementary report (CRC/C/65/Add.16) at its 568th and 569th meetings (see CRC/C/SR.568-569), held on 27 September 1999, and adopted */ the following concluding observations.

161. While welcoming the submission of the State party’s second periodic report, the Committee regrets that the report did not follow the guidelines for reporting. The Committee also welcomes the supplementary report as well as the wealth of information provided by the State party’s delegation in the course of its dialogue with the Committee. The Committee notes with appreciation the written replies to the list of issues (CRC/C/Q/MEX/2), while regretting their late submission. In particular, the Committee is encouraged by the statement made by the State party’s delegation that the Convention is used by the State party as the guiding tool for action in the field of children’s rights. The Committee is encouraged by the constructive and open dialogue it had with the State party’s delegation.

162. The establishment of initiatives such as the National Programme of Action for Children (1995-2000), the National Development Plan (1995-2000), and the Programme for Education, Health and Nutrition (PROGRESA) are regarded as positive measures in line with the Committee’s recommendations (see CRC/C/15/Add.13, para. 16). In this regard, the Committee welcomes the fact that the State party, one of the six countries that convened the World Summit for Children in 1990, has undertaken measures, in conjunction with the other conveners, to hold a series of events to evaluate and follow up the commitments made by States in 1990.

163. In the light of the Committee’s recommendation (CRC/C/15/Add.13, para. 19), the Committee welcomes the multiple measures undertaken by the State party, in particular by the National Commission of Human Rights (CNDH) and the National System for the Integral Development of the Family (DIF), to create awareness of the principles and provisions of the Convention. In this regard, the holding of the Children’s Federal Elections (1997), an illustration of the principle of respect for the views of the child (art. 12 of the Convention), is also welcomed by the Committee.

164. The Committee welcomes the State party’s accession (1999) to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (the Belem do Pará Convention) and the legislative reform process aimed at making domestic violence a crime in the State party’s domestic legislation. The Committee considers these as positive measures to combat gender discrimination and child abuse and ill-treatment, in line with the Committee’s recommendation (CRC/C/15/Add.13, para.18).

165. The Committee welcomes the State party’s accession (in 1994) to the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption in line with the Committee's recommendation (CRC/C/15/Add.13, para. 18). The State party’s accession (in 1999) to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is also welcomed by the Committee.

166. The Committee also welcomes the implementation of the Reciprocal Programme for Obtaining Maintenance Fees (URESA/RURESA) signed between the State party and the United States of America, which has particular importance owing to the high emigration rate of Mexican nationals to that country.

167. The Committee welcomes the measures taken by the State party to prevent and combat the abuse of drugs by children and, in particular, the agreement signed between the State party, UNICEF and the United Nations Drug Control Programme (UNDCP) to work jointly to prevent and combat drug abuse by children.

168. The Committee notes that widespread poverty and long-standing economic and social disparities within the State party are still affecting the most vulnerable groups, including children, and hampering the enjoyment of the rights of the child in the State party. The Committee also notes that this situation has been particularly aggravated by severe economic crises and drastic economic reforms.

169. While noting the measures taken by the State party to implement the Committee’s recommendation (CRC/C/15/Add.13, para. 15) concerning the need to harmonize domestic legislation with the Convention, in particular in relation to the process for enacting the Child Protection Code, the Committee remains concerned that current domestic legislation on children’s rights, both at the federal and State levels, does still not reflect the principles and provisions of the Convention and that measures taken to harmonize domestic legislation seem somewhat fragmented and do not take into consideration the holistic approach of the Convention. The Committee reiterates its recommendation that the State party continue its process of legislative reform to ensure that domestic legislation relating to children’s rights, both at the federal and state levels, is in full conformity with the principles and provisions of the Convention and reflects its holistic nature.

170. The Committee welcomes the appointment of 32 state procurators for the defence of the rights of the child and the family and takes note of the proposals to enact a general act establishing the role and powers of their offices. However, the Committee is concerned about the limited powers and resources, both financial and human, of these offices to function in an effective manner for the protection of children’s rights. The Committee recommends that the State party continue its efforts, including legislative measures, to strengthen the mandate and independence, both at the federal and state levels, as well as to increase the resources, both financial and human, of the offices of the state procurators for the defence of the rights of the child and the family.

171. With regard to the Committee’s recommendation (CRC/C/15/Add.13, para. 15), the Committee welcomes the measures taken by the Ministry of Health and the national System for the Integral Development of the Family (DIF) in the coordination and monitoring of the implementation of the National Plan of Action (1995-2000) and takes note of the establishment of the National System for the Follow-up and Monitoring of the Implementation of the Convention (1998). However, the Committee remains concerned that the National System is only operational in seven states of the State party’s territory. In this regard, the Committee recommends that the State party continue taking effective measures to accelerate the establishment, within the framework of the National System for the Follow-up and Monitoring of the Convention, of commissions, at the federal and state levels, to guarantee the implementation of the Convention. In addition, the Committee encourages the State party to continue working in close cooperation with non-governmental organizations active in the field of children's rights. Furthermore, the Committee recommends that non-governmental organizations be included in the design and implementation of policies and programmes carried out by the National System.

172. While taking note of the statistics on the situation of children contained in the supplementary report provided by the State party, in particular those developed for monitoring the National Plan of Action for Children (1995-2000), the Committee remains concerned about the lack of disaggregated data for all areas covered by the Convention. The Committee recommends that the State party continue reviewing and updating its data collection system, with a view to including all areas covered by the Convention. In addition, the Committee encourages the State party to use the information provided by its next population census (2000) as a basis for the development of disaggregated data on children's rights. Such a system should include all children under 18 years of age, and specifically emphasize the situation of vulnerable groups of children, 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. In this regard, the Committee encourages the State party to seek technical assistance from, inter alia, UNICEF.

173. With regard to the provision of training for professionals working with and for children (see Committee's recommendation, CRC/C/15/Add.13, para. 19), the Committee welcomes the efforts undertaken in this area, in particular by the National Commission of Human Rights (CNDH) and DIF. The Committee encourages the State party to continue implementing systematic education and training programmes on the provisions of the Convention for parliamentarians and all professional groups working for and with children, such as judges, lawyers, law enforcement officials, civil servants, municipal workers, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers. Technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF could be requested in this regard.

174. In the light of its recommendation (CRC/C/15/Add.13, para.16), the Committee welcomes the measures undertaken by the State party in designing and implementing social policies and programmes for children. Nevertheless, the Committee remains concerned that, despite the State party’s measures in this area, poverty and social and regional inequalities are still affecting a large number of children and their families. The Committee reiterates its recommendation (CRC/C/15/Add.13, para. 16) that such measures should be undertaken "to the maximum extent of available resources" in the light of articles 2, 3 and 4 of the Convention. The Committee further recommends that the State Party give priority to 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.

175. The Committee expresses its concern that the minimum legal ages for marriage of boys (16) and girls (14) in most of the states of the State party are too low and that these ages are different for boys and girls. This situation is contrary to the principles and provisions of the Convention and constitutes a form of gender-based discrimination which affects the enjoyment of all rights. The Committee recommends that the State party undertake legislative reform, both at the federal and state levels, to raise and equalize the minimum legal ages for marriage of boys and girls.

176. The Committee welcomes the information provided by the State party about the national public referendum regarding the rights of the child and takes note of the process of constitutional reform generated by this referendum; both initiatives are in line with the Committee's recommendation (CRC/C/15/Add.13, paras. 15 and 16). In this regard, the Committee encourages the State party to continue these initiatives with the aim of introducing into the Constitution the principles of non-discrimination and the best interests of the child (arts. 2 and 3 of the Convention).

177. While the Committee acknowledges the State party’s measures to implement the Committee’s recommendation (CRC/C/15/Add.13, para. 18) concerning the protection of the rights of the most vulnerable groups of children, in particular the measures carried out by PROGRESA, DIF, the National Indigenous Institute (INI) and CONMUJER, the Committee is of the opinion that these measures need to be reinforced. The Committee reiterates its recommendation and further recommends that the State party increase measures to reduce economic and social disparities, including between urban and rural areas, to prevent discrimination against the most disadvantaged groups of children, such as girls, children with disabilities, children belonging to indigenous and ethnic groups, children living and/or working on the streets and children living in rural areas.

178. The Committee takes note of the efforts made in the field of legislative reform to integrate the principles of “best interests of the child” (art. 3) and “respect for the views of the child” (art. 12) into domestic legislation, at both state and federal levels. Nevertheless, the Committee remains concerned that these principles are not fully implemented. The Committee recommends that further efforts be made to ensure the implementation of the principles of “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 and in other social institutions. These principles should also be reflected in all policies and programmes relating to children. Awareness raising among the public at large, including community leaders, and educational programmes on the implementation of these principles should be reinforced in order to change traditional perceptions of children who are too often regarded as the objects (Doctrina de la Situación Irregular) rather than the subjects of rights.

179. In the light of article 6 and other related provisions of the Convention, the Committee expresses its concern about the threat to the right to life of children caused by the degree of militarization in the State party and the confrontations with “irregular armed civilian groups” in parts of the State party’s territory, especially in the states of Chiapas, Oaxaca, Guerrero and Veracruz. The Committee recommends that the State party take effective measures to protect children against the negative effects of these confrontations. The establishment of rehabilitation measures for child victims of these confrontations is also recommended.

180. Although the State party has made significant progress in the area of birth registration, the Committee is of the opinion that greater efforts are needed to ensure that all children are registered, especially those belonging to the most vulnerable groups. The Committee recommends that the State party strengthen its measures to ensure the immediate registration of the birth of all children, especially of those living in rural and remote areas and belonging to indigenous groups.

181. With regard to the State party's initiatives to promote children's participatory rights, the Committee is of the opinion that these efforts need to be improved and strengthened. In the light of articles 12, 13, 14 and 15 of the Convention, the Committee recommends that further measures be undertaken to promote the participation of children in the family, at school and in other social institutions, as well as to guarantee their effective enjoyment of the fundamental freedoms, including those of opinion, expression and association.

182. Although the Committee notes with appreciation the measures taken by the State party to comply with the Committee's recommendation (CRC/C/15/Add.13, para.17), it remains concerned about the persistent number of alleged cases of children who have been detained in extreme conditions which amount to cruel, inhuman or degrading treatment, and cases of children physically ill-treated by members of the police or the armed forces. The Committee recommends that the State party reinforce its judicial mechanisms to deal effectively with complaints of police brutality, ill-treatment and abuse of children, and that cases of violence and abuse against children be duly investigated in order to avoid the impunity of perpetrators. In this regard, the Committee endorses the recommendations made by the Committee against Torture in May 1997 (A/52/44, paras. 166-170).

183. While the Committee welcomes the measures taken by the State party to comply with the Committee's recommendation (CRC/C/15/Add.13, para. 18), it is still concerned about the insufficient alternative care measures for children deprived of a family environment. The Committee recommends that the State party continue taking the necessary steps to develop alternatives to institutional care of children (e.g. domestic adoption and foster care). The Committee also recommends that the State party reinforce its monitoring and evaluation system to ensure the adequate development of children living in institutions. The Committee encourages the State party to continue taking measures to review periodically the placement and treatment of children, as enshrined in article 25 of the Convention.

184. Although the Committee takes note of the establishment of the National Programme against Domestic Violence, 1999-2000 (PRONAVI), it remains concerned that, as acknowledged in the State party's report, physical and sexual abuse - within and outside the family - is a serious problem in the State party. Concern is also expressed that domestic legislation, at both the federal and state levels, does not explicitly prohibit the use of corporal punishment in schools. In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party continue taking effective measures, including setting up multidisciplinary treatment and rehabilitation programmes, 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, that adequate procedures and mechanisms to deal effectively with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and that the use of corporal punishment at home, in schools and other institutions, be explicitly prohibited by law. 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.

185. With regard to the measures taken to improve the health standards of children, in particular initiatives to the reduce infant mortality, the Committee remains concerned at the persistence of regional disparities in access to health care, at the high rates of malnutrition among children under five years of age and those of school age, especially in rural and remote areas and among children belonging to indigenous groups. The Committee recommends that the State party continue taking effective measures to ensure access to basic health care and services for all children. More concerted efforts need to be taken to guarantee equal access to health care and to combat malnutrition, with special emphasis on children belonging to indigenous groups and children living in rural and remote areas.

186. While welcoming the State party's initiatives and programmes in the field of adolescent health, in particular those of the National Programme of Prevention to Adolescent Mothers and the National Council for the Prevention and Control of HIV/AIDS (CONASIDA), the Committee remains concerned at the high teenage maternal mortality rate and the high number of teenage pregnancies. The Committee recommends that the State party continue its efforts to prevent the spread of HIV/AIDS and that it take into consideration the recommendations adopted by the Committee on its day of general discussion on "Children living in a world of HIV/AIDS" (CRC/C/80). The Committee also recommends that further efforts be undertaken for the development of child-friendly counselling services and of care and rehabilitation facilities for adolescents.

187. While the Committee notes with appreciation the State party's achievements in the field of education, it remains concerned about the high drop-out and repetition rates in primary and secondary schools, and the disparities in access to education between rural and urban areas. The Committee is particularly concerned about the situation of children belonging to indigenous groups regarding their access to education and the low relevance of the current bilingual educational programmes available for them. In the light of articles 28, 29 and other related articles of the Convention, the Committee recommends that the State party continue its efforts in the field of education by strengthening its educational policies and system in order to reduce regional disparities in access to education and to strengthen ongoing retention programmes and vocational training for drop-out students. The Committee also recommends that the State party continue taking effective measures to improve the educational situation of children belonging to the most vulnerable groups, in particular, with regard to bilingual education programmes for children belonging to indigenous groups. The Committee encourages the State party to consider seeking technical assistance in this area, inter alia, from UNICEF and UNESCO.

188. Although the Committee is aware of the measures taken by the State party, in particular by INI, it remains concerned about the living conditions of children belonging to indigenous groups, especially with regard to the full enjoyment of all the rights enshrined in the Convention. In the light of articles 2 and 30 of the Convention, the Committee recommends that the State party take effective measures to protect children belonging to indigenous groups against discrimination and to guarantee their enjoyment of all the rights recognized by the Convention on the Rights of the Child.

189. While welcoming the fact that the State party's legislation complies with international labour standards and the measures taken for the eradication of child labour, the Committee is still concerned that economic exploitation remains one of the major problems affecting children in the State party. The Committee is particularly concerned that the State party, in its second periodic report, categorized only "street children" as "working children". The Committee is of the opinion that this misconception affects the scope and perception of this social phenomenon. In this regard, the Committee is particularly concerned that a large number of children are still involved in labour activities, especially in the informal sector and in agriculture. The Committee expresses its concern at the insufficient law enforcement and the lack of adequate monitoring mechanisms to address this situation. In the light of, inter alia, articles 3 and 32 of the Convention, the Committee recommends that the State party reconsider its position regarding the issue of child labour. The situation of children involved in hazardous labour, especially in the informal sector, deserves special attention. Furthermore, the Committee recommends that child labour laws should be enforced, the labour inspectorates strengthened and penalties imposed in cases of violation. The Committee recommends that the State party consider seeking technical assistance from the International Labour Organization's International Programme for the Elimination of Child Labour (IPEC). The Committee encourages the State party to consider ratifying ILO Convention (No 138) regarding Minimum Age for Admission to Employment (1973) and the new ILO Convention (No 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).

190. In view of the assessment and recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography (see E/CN.4/1998/101/Add.2) regarding the situation of the sexual exploitation of children in Mexico, the Committee welcomes the measures taken by the State party to combat this phenomenon, in particular, the establishment of the Inter-institutional Commission to Eradicate the Sexual Exploitation of Children. In this regard, and in the light of article 34 and other related articles of the Convention, the Committee recommends that the State party take all effective measures to implement the recommendations made by the Special Rapporteur following her visit to Mexico. In particular, the Committee recommends that the State party conduct a study on the issue of commercial sexual exploitation of children with a view to designing and implementing appropriate policies and measures, including care and rehabilitation; and that it reinforce its legislation, including punishment against perpetrators; and that it conduct awareness raising campaigns on this issue.

191. While the Committee is aware of the measures taken by the State party on the situation of "repatriated children" (menores fronterizos), it remains particularly concerned that a great number of these children are victims of trafficking networks, which use them for sexual or economic exploitation. Concern is also expressed about the increasing number of cases of trafficking and sale of children from neighbouring countries who are brought into the State party to work in prostitution. In this regard, the Committee recommends that the State party continue taking effective measures on an urgent basis to protect Mexican migrant children, to strengthen law enforcement and to implement the State party's national programme of prevention. 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. Furthermore, the Committee endorses the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography following her visit to Mexico (see E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.

192. With regard to the administration of the juvenile justice system, the Committee remains concerned that:

(a) Federal and state legislation is not all in accordance with the principles and provisions of the Convention, especially regarding the low age of criminal responsibility;

(b) Deprivation of liberty is not systematically used only as a measure of last resort;

In the light of articles 37, 40 and 39 and other relevant 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, the Committee recommends that the State party:

(a) Effectively implement a juvenile justice system in accordance with the Convention and other related international standards;

(b) Ensure the improvement of the conditions of children living in prisons and detention centres;

(e) Ensure that the use of deprivation of liberty is used only as a measure of last resort;

(h) Strengthen its training programmes on the relevant international standards, for judges, professionals and staff working in the field of juvenile justice.

Furthermore, 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, UNICEF and the International Network on Juvenile Justice through the Coordination Panel on Juvenile Justice.

193. Finally, in the light of article 44, paragraph 6, of the Convention, the Committee recommends that the 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 thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention, its implementation and monitoring within the Government, the Parliament and the general public, including concerned non-governmental organizations.

194. The Committee considered the initial report of Mali (CRC/C/3/Add.53) at its 570th to 572nd meetings (CRC/C/SR.570-572) on 28 and 29 September 1999 and adopted */ the following concluding observations.

195. The Committee welcomes the submission of the State party’s initial report which followed the established guidelines and included substantive statistical information on the situation of children. The Committee also takes note of the written replies to its list of issues (CRC/C/Q/MALI/1). The Committee is encouraged by the constructive, open and frank dialogue it had with the State party and welcomes the positive reactions to the suggestions and recommendations made during the discussion. The Committee acknowledges that the presence of a high-ranking delegation directly involved in the implementation of the Convention allowed for a fuller assessment of the situation of the rights of children in the State party.

196. The Committee welcomes the implementation of the National Plan of Action for the Survival, Development and Protection of Children (1992-2000). In this regard, it also welcomes the establishment of the Inter-Ministerial Commission for the Implementation of the Plan of Action, whose responsibilities include monitoring the implementation of activities under the Plan and promoting cooperation between donors and the competent technical departments. The Committee further welcomes the establishment of the Ministry for the Advancement of Women, Children and the Family, which, inter alia, facilitates the work of the Commission, particularly as regards the coordination of programmes.

197. The Committee notes that the Convention has been translated into Bamanan and Soninke, the State party’s most widely spoken languages, and distributed using posters, booklets, leaflets, brochures and cartoon strips. The Committee welcomes the State party’s use of traditional folk songs, stories and plays in promoting the principles of the Convention. The Committee also welcomes the introduction of a training programme on the Convention which has to date prepared a manual for trainers, trained 18 trainers and established regional and national teams of trainers. The efforts made thus far to train officials working with and for children about the Convention and to sensitize the media about children’s rights are also noted. The Committee appreciates the fact that the Convention has been incorporated in the programme of the teacher training college and in the civic and moral education syllabuses at the primary school level.

198. The Committee expresses its appreciation for the State party’s efforts in encouraging greater child participation and promoting respect for the views of the child. In particular, the Committee welcomes the annual Children’s Parliament and the “Public Forum” which allow children the opportunity to participate in and express their views on human rights and other matters of concern to them, including the National Plan of Action on the Survival, Development and Protection of Children. The Committee notes with appreciation that the Children’s Parliament includes children with disabilities. The Committee also notes with appreciation that the membership of school disciplinary councils includes children.

199. The Committee appreciates the State party’s initiatives within the school environment. In this regard, it welcomes the elaboration and recent implementation of the “Ten-Year Programme for the Development of Education” (PRODEC) which aims, inter alia, to establish parity between boys and girls in terms of recruitment and enrolment, to expand the use of national languages in education and to improve the overall quality of education. The Committee expresses appreciation for the recent initiatives to promote the enrolment of girls at all levels of the educational system. In particular, it notes the establishment of a special unit for the promotion of the education of girls within the Ministry of Basic Education and the implementation of a policy to allow pregnant schoolgirls to continue their education. The Committee further notes the efforts to introduce or revitalize school canteens in economically disadvantaged communities. The Committee appreciates the recent efforts to improve the infrastructure through the construction of additional schools and classrooms and the refurbishment of existing ones.

200. The Committee acknowledges that the 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 impact of the structural adjustment programme and the increasing level of unemployment and poverty. The Committee further notes that the limited availability of skilled human resources also adversely affects the full implementation of the Convention.

201. The Committee notes the commitment expressed by the delegation to encourage the State party to withdraw its reservation to article 16 of the Convention and recommends that all necessary measures be taken to facilitate the process at the earliest possible opportunity, in the light of the Vienna Declaration and Programme of Action (1993).

202. The Committee notes that a study was undertaken to identify the inconsistencies between domestic legislation and the Convention. The Committee also notes that a Code on the Well-being and Protection of Children has been elaborated and incorporated in the Code of General Social Protection which is currently being reviewed by the Ministry for the Advancement of Women, Children and the Family with a view to final adoption by the National Assembly. The Committee remains concerned, however, that domestic legislation, and in particular customary law, still does not fully reflect the principles and provisions of the Convention. The Committee encourages the State party to take all necessary measures to ensure the early enactment of the draft Code of General Social Protection and to ensure that its domestic legislation conforms fully with the principles and provisions of the Convention.

203. While the Committee notes the establishment of the Inter-Ministerial Commission for the Implementation of the National Plan of Action for the Survival, Development and Protection of Children, it is concerned that insufficient resources have been allocated to allow the Commission to coordinate effectively the implementation of programmes for children. The Committee is also concerned that much of the work of the Commission is centralized in the regional capitals and the Bamako district, with very little focus at the community level. The Committee recommends that the State party take all necessary measures to ensure that adequate human and financial resources are allocated to facilitate the coordination and implementation of the National Plan of Action, as well as of the Convention, and that programmes be established in rural areas at the community level.

204. The Committee also 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 child-friendly mechanism be made accessible to children to deal with complaints of violations of their rights and to provide remedies for such violations. The Committee further suggests that the State party introduce an awareness raising campaign to facilitate the effective use by children of such a mechanism.

205. The Committee is concerned that the current data collection 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 particularly vulnerable, including: girls; children with disabilities; child labourers, especially domestic workers; garibou students; children living in remote rural areas; child brides; children working and/or living on the streets; children living in institutions; and refugee children. Technical assistance in this area from, inter alia, UNICEF is encouraged.

206. The Committee notes the impact of economic policies and the structural adjustment programme, which have had adverse effects on social investment. The Committee remains concerned that, in the light of article 4 of the Convention, not enough attention has been paid to allocating budgetary resources 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.

207. 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, parents and the public at large are generally not sufficiently aware of the Convention and the rights-based approach enshrined therein. The Committee recommends that greater effort be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike, in both rural and urban areas. In this regard, it encourages the State party to continue its efforts to make the Convention available in local languages and to promote and disseminate its principles and provisions through the use of, inter alia, traditional methods of communication. The Committee further recommends the reinforcement of adequate and systematic training and/or sensitization of traditional community leaders, as well as professional groups working with and for children, such as judges, lawyers, law enforcement personnel, health personnel, including psychologists, social workers, officials of central or local administration and personnel of child-care institutions. In this regard, the Committee suggests that the State party seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights, UNICEF and UNESCO.

208. While the Committee notes the State party’s proposal to review the Marriage and Guardianship Code, it remains concerned at the low minimum legal age for marriage of girls (15 years) as compared to that of boys (18 years). The Committee encourages the State party to amend the Marriage and Guardianship Code to bring it into conformity with the provisions of the Convention.

209. The Committee is concerned 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, and in its policies and programmes relevant to children. The Committee encourages the State party to continue its efforts to ensure that the general principles of the Convention not only guide policy discussion and decision-making, but are also appropriately incorporated in all legal revisions, as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.

210. While the Committee notes that the principle of non-discrimination (art. 2) is reflected in domestic legislation, it is still concerned that measures adopted to ensure that all children are guaranteed access to education, health and other social 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; child labourers, especially domestic workers; garibou students; children living in rural areas; child brides; children working and/or living on the streets; children in the juvenile justice system; children living in institutions; and refugee children. The Committee recommends that the State party increase its efforts to ensure implementation of the principle of non-discrimination and full compliance with article 2 of the Convention, particularly as it relates to vulnerable groups.

211. While the Committee recognizes the efforts of the State party to promote respect for the views of the child and encourage child participation, it is concerned that traditional practices and attitudes still limit the full implementation of article 12 of the Convention. The Committee encourages the State party to continue promoting public awareness of the participatory rights of children and encouraging respect for the views of the child within schools, families, social institutions, and the care and judicial systems.

212. The Committee notes that domestic legislation within the State party provides for the registration of all children at birth and that recent initiatives have been undertaken to improve and facilitate the process of birth registration, particularly in rural areas. However, the Committee is concerned that many children are still not registered. In the light of articles 7 and 8 of the Convention, the Committee encourages the State party to continue its efforts to ensure that birth registration is made accessible to all parents within the State party. The Committee also recommends that efforts be made to raise awareness among government officers, community leaders and parents to ensure that all children are registered at birth.

213. The Committee notes with concern that insufficient efforts have been made to protect children from harmful information shown in private cinemas, homes and community settings. In the light of article 17 of the Convention, the Committee recommends that the State party reinforce existing and/or establish new appropriate measures to protect children from harmful information.

214. The Committee is concerned about the insufficient measures taken to prevent and prohibit police brutality and the inadequate enforcement of existing legislation to ensure that children are treated with respect for their physical and mental integrity and their inherent dignity. The Committee recommends that all appropriate measures be taken to implement fully the provisions of articles 37 (a) and 39 of the Convention. In this regard, the Committee also recommends that greater efforts be made to prevent police brutality and to ensure that child victims are provided with adequate treatment to facilitate their physical and psychological recovery and social reintegration and that perpetrators are sanctioned. The Committee recommends that the State party consider ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

215. With respect to the situation of children deprived of a family environment, the Committee expresses its concern at the insufficient number of alternative care facilities and the lack of support for existing ones. Concern is also expressed about the living conditions in alternative care institutions, the inadequate monitoring of placements and the limited number of qualified personnel in this field. The Committee notes with concern that foster care has not yet been institutionalized or standardized and that the organizations involved are generally left to develop their own individual systems of monitoring and recruitment. The Committee recommends that the State party develop additional programmes to facilitate alternative care, provide additional training for social and welfare workers and establish independent complaint and monitoring mechanisms for alternative care institutions. It is also recommended that the State party increase its efforts to provide support, including training for parents, to discourage the abandonment of children. The Committee further recommends that the State party develop a clear policy with respect to foster care and introduce measures to ensure a standardized approach with respect to recruitment, monitoring and evaluation under existing foster care programmes.

216. The Committee welcomes the recent initiative undertaken by the State party in establishing the National Commission to Study Intercountry Adoption and Combat Trafficking in Children. The Committee notes that the final report of the Commission, due in October 1999, will include legislative and other recommendations to protect the rights of children in situations of adoption and to prevent and combat the phenomenon of trafficking in children. The Committee remains concerned, however, at the absence of legislation, policies and institutions to regulate intercountry adoptions. The lack of monitoring with respect to both domestic and intercountry adoptions and the widespread practice of kalifa (informal adoptions) are also matters of concern. In the light of article 21 of the Convention, the Committee recommends that the State party introduce proper monitoring procedures with respect to both domestic and intercountry adoptions and prevent the abuse of the practice of kalifa. Additionally, it is recommended that the State party take all necessary measures, including legal and administrative ones, to regulate intercountry adoptions. The Committee further encourages the State party to consider acceding to the Hague Convention of 1993 on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

217. The lack of appropriate measures and mechanisms to prevent and combat ill-treatment, neglect and abuse of children, including sexual abuse within the family; the inadequate resources (both financial and human); the insufficient number of adequately trained personnel to prevent and combat abuse; as well as the lack of awareness and information, including statistical data on these phenomena, are matters of concern for the Committee. In the light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse in order to understand the scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes. The Committee also recommends that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, with 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 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. The Committee recommends that the State party seek technical assistance from, inter alia, UNICEF and WHO.

218. While the Committee is aware that corporal punishment is prohibited in schools and in care and other institutions, including the Bollé Observation and Rehabilitation Centre, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within families and generally within society. The Committee recommends that the State party take appropriate measures to prohibit by law corporal punishment in care institutions. The Committee further recommends that the State party reinforce measures to raise awareness of the negative effects of corporal punishment and change cultural attitudes to ensure that discipline is administered in a manner consistent with the child's dignity and in conformity with the Convention.

219. While the Committee notes the recent efforts to improve the general situation of health, it remains concerned that the survival and development of children within the State party continues to be threatened by diseases such as malaria, acute respiratory infections and diarrhoea. The Committee is also concerned at the high incidence of child and infant mortality, as well as maternal mortality, the high rate of malnutrition, poor sanitation and limited access to safe drinking water, especially in rural communities. The Committee recommends that the State party allocate appropriate resources and develop comprehensive policies and programmes to improve the health situation of children; facilitate access to primary health services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially in vulnerable and disadvantaged groups of children, and increase access to safe drinking water and sanitation. Additionally, the Committee encourages the State party to consider seeking technical assistance for the integrated management of childhood illnesses and other measures for child health improvement from, inter alia, UNICEF and WHO.

220. The Committee expresses its concern regarding the limited availability of programmes and services and the lack of adequate data in the area of adolescent health, including accidents, suicide, violence and abortion. While the Committee notes that the State party has initiated a national anti-AIDS programme which aims, inter alia, to establish counselling and treatment centres for people living with HIV/AIDS and sexually transmitted diseases (STDs), it remains concerned at the high and increasing incidence of HIV/AIDS and STDs. The Committee recommends that the State party increase its efforts to promote adolescent health policies, particularly with respect to accidents, suicide and violence, and to strengthen reproductive health education and counselling services. In this regard, the Committee encourages the introduction of training programmes on reproductive health. The Committee suggests that a comprehensive and multidisciplinary study be undertaken on the scope of adolescent health problems, including the negative impact of early pregnancy and the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party undertake further measures, including the allocation of adequate human and financial resources, to develop youth-friendly counselling, care and rehabilitation facilities for adolescents that would be accessible without parental consent, where this is in the best interests of the child.

221. The Committee notes the efforts of the State party to introduce measures to eradicate the practice of female genital mutilation (FGM) and other harmful traditional practices affecting the health of girls, including early and forced marriages. The Committee welcomes the proposal to establish a national committee on practices harmful to the health of women and children and to implement a plan of action to reduce the practice by the year 2008. The Committee remains concerned, however, that harmful traditional practices such as excision and early and forced marriages continue to be widely practised within the State party. The Committee also notes with concern that approximately 75 per cent of women in the State party are in favour of maintaining the practice of excision. The Committee recommends that the State party strengthen its efforts to combat and eradicate the persistent practice of FGM and other traditional practices harmful to the health of girls. The Committee urges the State party to continue its efforts to conduct sensitization programmes for practitioners and the general public in order to change traditional attitudes and discourage harmful practices. In this regard, the Committee also encourages the establishment of alternative career training programmes for practitioners. The Committee encourages the State party to continue its collaboration with, inter alia, neighbouring States to identify good practices undertaken in the campaign to combat and eradicate the practice of FGM and other harmful traditional practices affecting the health of girls.

222. The Committee expresses its concern at the absence of legal protection and the insufficient number of adequate programmes, facilities and services for children with disabilities, particularly mental disabilities. In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee's recommendations adopted at its day of general discussion on "The rights of children with disabilities" (CRC/C/69), it is recommended that the State party develop early identification programmes to prevent disabilities, increase its efforts to implement alternatives to the institutionalization of children with disabilities, establish special education programmes for children with disabilities and further encourage their inclusion in society. The Committee recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities from, inter alia, UNICEF and WHO.

223. The Committee notes the significant progress made in the field of education, including under the 20/20 Initiative adopted at the World Summit for Social Development in Copenhagen in 1995. The Committee remains concerned that many children, particularly girls, still do not attend school. With respect to the general situation of education, the Committee notes with concern: the extent of overcrowding; high drop-out, illiteracy and repetition rates; lack of basic training materials; poorly maintained infrastructure and equipment; shortages of text books and other materials; and the insufficient number of trained teachers. The State party is encouraged to continue its efforts to promote the school attendance of girls. The Committee recommends that all appropriate measures be taken to improve the quality of education and to provide access for all children within the State party. In this connection, it is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO. The State party is further urged to implement additional measures to encourage children to stay in school, at least during the period of compulsory education.

224. While recognizing the State party's openness to hosting refugees from neighbouring States, the Committee remains concerned at the lack of adequate legal provisions, policies and programmes to guarantee and protect the rights of refugee and asylum-seeking children. The Committee recommends that the State party develop a legislative framework for the protection of refugee and asylum-seeking children, and implement policies and programmes to guarantee them adequate access to health, education and social services.

225. The Committee notes the initiatives taken by the State party in the area of child labour and economic exploitation and in particular the recent study and follow-up activities undertaken in this regard, including the establishment of the National Programme to Combat Child Labour. However, the Committee remains concerned at the situation of child labour, especially as regards, children engaged in domestic and agricultural labour, children engaged in mining and traditional gold-washing and children engaged as apprentices in the informal sector. The Committee encourages the State party to improve its monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation. The Committee also suggests that the State party increase its efforts to ratify ILO Convention No. 138 concerning Minimum Age for Admission to Employment and that it consider ratifying ILO Convention No. 182 concerning the Elimination of the Worst Forms of Child Labour.

226. The Committee notes that a national forum on child begging was held in 1998 and resulted in the elaboration of a plan to include marabouts and other Koranic teachers in the campaign to eradicate child begging. The Committee further notes that a vocational training programme has been established for garibou children in Mopti to discourage their continued involvement in begging. The Committee remains concerned, however, that children, particularly garibous, continue to be exploited and encouraged to beg. The Committee recommends that the State party continue to promote programmes to discourage and prevent child begging and to ensure that such programmes are implemented in all areas where child begging is a concern.

227. The Committee is concerned at the high and increasing incidence of drug and substance abuse among youth and the limited psycho-social and medical programmes and services available in this regard. In the light of article 33 of the Convention, the Committee recommends that the State party take all appropriate measures, including educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances. In this context, it is further recommended that programmes be introduced within the school environment to educate children about the harmful effects of narcotic drugs and psychotropic substances. The Committee also encourages the State party to support rehabilitation programmes for child victims of drug and substance abuse. The Committee encourages the State party to seek technical assistance from, inter alia, UNICEF and WHO.

228. The absence of adequate information, including disaggregated statistical data, on the situation with regard to the sexual exploitation of children, is a matter of concern for the Committee. In the light of article 34 and other 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 prevent and 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.

229. While the Committee notes the efforts of the State party, it remains concerned at the increasing incidence of sale and trafficking of children, particularly girls, and the lack of adequate legal and other measures to prevent and combat this phenomenon. In the light of article 35 and other related articles of the Convention, the Committee recommends that the State party review its legal framework, strengthen law enforcement and intensify its efforts to raise awareness in communities, generally in rural areas and particularly in the Sikasso region. The State party is further encouraged to continue its cooperation with neighbouring countries to eradicate cross-border trafficking in children.

230. While the Committee notes the recent efforts in the area of juvenile justice, it is concerned that the juvenile justice system does not cover all areas of the State party. The Committee is further concerned about:

(a) The general situation of the administration of juvenile justice and in particular its compatibility with the Convention and other recognized international standards;

(e) The lack of reliable statistical data on the number of children in the juvenile justice system;

(f) The inadequacy of regulations to ensure that children remain in contact with their families while in the juvenile justice system; and

(g) The insufficiency of facilities and programmes for the physical and psychological recovery and social reintegration of juveniles.

(a) Take 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;

(b) Undertake all necessary measures to ensure that juvenile courts are accessible to children in all regions of the State party;

(c) Consider deprivation of liberty only as a measure of last resort and for the shortest possible period of time, protect the rights of children deprived of their liberty and ensure that children remain in contact with their families while in the juvenile justice system;

(d) Introduce training programmes on relevant international standards for all professionals involved with the system of juvenile justice;

(e) Request technical assistance in the area of juvenile justice and police training from, inter alia, the Office of the High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice, UNICEF and the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.

231. 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 the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs.

232. The Committee considered the initial report of the Netherlands (CRC/C/51/Add.1) at its 578th to 580th meetings (see CRC/C/SR.578-580), held on 4 and 5 October 1999 and adopted */ the following concluding observations.

233. The Committee expresses its appreciation for the clear and comprehensive nature of the report, which follows the Committee’s guidelines. The report, however, focuses heavily on legislation, programmes and policy at the expense of information on the actual enjoyment of the rights of the child. While regretting their late submission, the Committee takes note of the detailed and informative written answers to the list of issues (CRC/C/Q/NETH.1) and some additional information provided to it during the course of the meetings, which enabled the Committee to assess the situation of the rights of the child in the State party. The Committee regrets the limitations placed on the State party’s delegation by the unavailability of appropriate information to answer some of the questions during the discussion, which imposed constraints on a productive dialogue.

234. The Committee welcomes the commitment and efforts of the State party in achieving a commendable degree of enjoyment by children in the State party of their rights through the establishment of infrastructure, comprehensive policies, legislation and administrative and other measures.

235. Moreover, the Committee commends the State party for its continued commitment to the rights of the child in its development assistance programmes and notes with satisfaction that the State party has exceeded the United Nations target of 0.7 per cent of GDP for development assistance.

236. The Committee commends the State party’s efforts to combat the phenomenon of child-sex tourism.

237. The Committee notes with satisfaction the State party’s ratification of the Hague Convention of 1980, on the Civil Aspects of International Child Abduction, and the Hague Convention of 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

238. The Committee is encouraged that the State party has indicated its willingness to reconsider its reservation to article 10 of the International Covenant on Civil and Political Rights. However, it notes with concern the reservations to articles 26, 37 and 40 of the Convention made by the State party. In the light of the Vienna Declaration and Programme of Action (1993), the Committee encourages the State party to consider withdrawing all of its reservations.

239. The Committee notes that cooperation with and the involvement of non-governmental organizations in the implementation of the Convention, including the preparation of the report, remain limited. The Committee encourages the State party to consider a more systematic approach to involve NGOs, and civil society in general, throughout all stages of the implementation of the Convention.

240. While acknowledging the initial efforts made to disseminate the Convention, the Committee regrets that the State party’s report was not made widely available, or disseminated. Furthermore, the Committee is concerned that the State party is not undertaking information and awareness-raising activities on an ongoing basis. In this regard, the Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention, in order to maintain a high level of awareness of the importance of the Convention among children and parents, civil society and all sectors and levels of government. Moreover, the Committee recommends that the State party develop systematic and ongoing training programmes on the provisions of the Convention for all professional groups working for and with children, such as judges, lawyers, law enforcement officials, civil servants, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers.

241. The Committee expresses its concern that measures and policies developed by the State party for implementation at the provincial and municipal levels are not sufficiently child rights-based. The Committee is concerned that compartmentalization of policy sectors often leads to fragmentation and overlap in respect of the implementation of the Convention. In this regard, the Committee recommends that the State party adopt a comprehensive national plan of action to implement the Convention, and give increased attention to intersectoral coordination and cooperation at and between the central, provincial and municipal levels of government.

242. While noting the positive aspects of decentralization in the implementation of child policies, the Committee is nevertheless concerned that it may contribute to bottlenecks in the implementation of provisions of the Convention. The State party is encouraged to provide support to local authorities for implementation of the principles and provisions of the Convention.

243. While acknowledging the role played by the Council for Child Protection and the "children’s law polyclinics" in offering legal advice and information to children and in promoting their interests, the Committee remains concerned about the lack of an independent mechanism to monitor the implementation of the Convention. The Committee recommends that consideration be given to the establishment of a fully independent ombudsman for children to monitor and assess the full implementation of the Convention.

244. The Committee is concerned about the lack of information regarding the implementation of article 4 of the Convention and the use to the “maximum extent” of available resources to implement the economic, social and cultural rights of children. The Committee urges the State party to develop ways to establish a systematic assessment of the impact of budgetary allocations and macroeconomic policies on the implementation of children’s rights and to collect and disseminate information in this regard.

245. The Committee welcomes the generally good levels of participation of children, particularly in secondary schools and at the local level. The Committee encourages the State party to continue promoting such participation, in particular in decision-making processes in all matters affecting children themselves. In this regard, the Committee recommends that the State party develop training programmes for local officials and other decision-makers to enable them to take adequately into consideration the opinions of children presented to them, with particular emphasis on involving and reaching vulnerable groups, such as children of ethnic minorities. The Committee also recommends that more attention be given to the promotion of child participation in primary schools.

246. In relation to article 11 of the Convention, the Committee notes that the Netherlands is a party to the Hague Convention of 1993, on the Protection of Children and Cooperation in Respect of Intercountry Adoption and to the Hague Convention of 1980 on the Civil Aspects of International Child Abduction. The Committee encourages the State party to consider concluding bilateral agreements with States that are not parties to the two above-mentioned conventions.

247. The Committee is concerned about the long waiting periods for placement in residential care. The Committee encourages the State party to increase the number of places available in residential facilities, while giving increased attention to alternatives to placement in residential facilities, in particular foster family care services, bearing in mind the principles and provisions of the Convention, especially the best interests of the child.

248. The Committee welcomes the recent efforts to establish a network of child abuse reporting and counselling centres and the plans to strengthen child abuse monitoring and reporting systems. However, the Committee remains concerned about the growth in reported cases of child abuse and about the level of protection available to children. The Committee urges the State party to give increased priority to the prompt implementation and support of monitoring and reporting systems based on the position paper of the Ministries of Justice, and Health, Welfare and Sport concerning the prevention of child abuse and the protection and rehabilitation offered to victims of child abuse. Furthermore, the Committee recommends that the State party, in line with developments in other European countries, take legislative measures to prohibit the use of all forms of mental and physical violence against children, including corporal punishment, within the family.

249. The Committee welcomes the efforts made and understands the difficulties faced by the State party in protecting girls within its jurisdiction from female genital mutilation carried out outside its territory. Nevertheless, the Committee urges the State party to undertake strong and effectively targeted information campaigns to combat this phenomenon, and to consider adopting legislation with extraterritorial reach which could improve the protection of children within its jurisdiction from such harmful traditional practices.

250. The Committee remains concerned that the right of access to medical advice and treatment without parental consent, such as testing for HIV/AIDS, may be compromised in instances where the bill for such services is sent to the parents, violating the confidentiality of the doctor-child relationship. The Committee recommends that the State party take adequate measures to ensure that medical advice and treatment remain confidential for children of appropriate age and maturity, in accordance with articles 12 and 16 of the Convention.

251. The Committee is concerned at the low rates of breastfeeding. The Committee encourages the State party to undertake breastfeeding promotion campaigns, stressing its advantages and the negative impact of substitutes, while providing counselling to HIV/AIDS-infected mothers about the risk of transmission of HIV/AIDS through breastfeeding.

252. The Committee is concerned that not enough attention has been given to the inclusion of human rights education in the school curricula, particularly at the primary level. The Committee urges the State party to consider introducing human rights issues into the school curricula at earlier ages and to ensure that the Convention on the Rights of the Child and its provisions are adequately covered in the existing curricula for older children and in new curricula for primary school pupils.

253. The Committee welcomes the efforts being made to address the problem of bullying in schools, including the “Safe schools” campaign. The Committee encourages the State party to continue its efforts to prevent bullying in schools, to collect information on the extent of this phenomenon and, in particular, to strengthen structures to enable children to participate in adequately addressing and resolving this problem.

254. While noting the efforts to deal with unaccompanied asylum-seeking minors, the Committee is concerned that they may need to receive increased attention. The Committee recommends that the State party strengthen measures so as to provide immediate counselling and prompt and full access to education and other services for refugee and asylum-seeking children. Furthermore, the Committee recommends that the State party take effective measures for the integration of these children into its society.

255. The Committee takes note of the efforts made to raise steadily the age of recruitment into the armed forces and involvement in hostilities. It also notes the declaration stating the intention of the State party to apply a higher standard than that required by the Convention, and its commitment to international efforts in this regard. Nevertheless, the Committee urges the State party to reconsider its present recruitment policies, with a view to setting the age of recruitment into the armed forces at 18 years.

256. The Committee welcomes the information provided on the improvements that the Youth Custodial Institutions Act will introduce to deal, as quickly as possible, with complaints regarding ill-treatment. Nonetheless, the Committee recommends that due attention be given to ensuring that efforts to settle such complaints promptly through a mediation procedure will not result in less than thorough investigations.

257. The Committee is concerned about the delays faced by juvenile offenders in need of psychological and psychiatric treatment. The Committee recommends that the State party increase the availability of places in institutions in order to provide these juvenile offenders with timely and appropriate treatment.

258. On the protection of children from sexual abuse, the Committee welcomes the attention given by the State party to the impact of the “complaint requirement” for prosecuting offences committed against children between 12 and 16 years. However, the Committee remains concerned that the balance sought between protecting children against sexual abuse and protecting their sexual freedom may still unduly limit protection from abuse. The Committee also remains concerned that efforts to increase the protection of children against exploitation in the production of pornography have not made further progress. The Committee encourages the State party to continue reviewing its legislation and policies so as to modify the “complaint requirement” for prosecution of sexual offences committed against children over 12. Furthermore, the Committee encourages the State party to change its legislation with a view to improving the protection of all children from inducement to participate in the production of pornographic shows or materials, and from other forms of commercial sexual exploitation. While welcoming the introduction of such legislation, the Committee also encourages the State party to consider reviewing the “dual criminality” requirement in legislation establishing extraterritorial jurisdiction for cases of sexual abuse of children.

259. The Committee notes the concern of the State party with respect to the problem of the sexual exploitation of children, often victims of trafficking, including the disappearance of unaccompanied minor asylum-seekers from reception centres. The Committee, however, remains concerned that no specific policies and measures appear to be contemplated at this point to address the problem as a matter of urgency. The Committee urges the State party to give prompt and serious attention to the need to ensure that children are not used as prostitutes and that asylum-seeking procedures, while fully respecting the rights of unaccompanied minor asylum-seekers, effectively protect children from involvement in trafficking for sexual exploitation. Further, the Committee recommends that the State party adopt a comprehensive national plan of action to prevent and combat commercial sexual exploitation of children, taking into account the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress Against Commercial Sexual Exploitation of Children.

260. The Committee notes the monitoring of the educational performance of children from ethnic minorities, but it remains concerned that the results continue to show noticeable disparities. The Committee urges the State party to review its efforts closely and to consider the possibility of providing further assistance to children at risk and the need to provide assistance to families from ethnic minorities with socioeconomic problems, thus addressing the root causes of poor educational performance.

261. The Committee is seriously concerned about the implications of the reservation entered by the State party on the applicability of adult criminal law to children over 16 years of age. The Committee is also seriously concerned at information provided which indicates that children aged 12 to 15 are also sometimes tried under adult criminal law. The Committee urges the State party to ensure that under the existing law no child under the age of 16 at the time of the commission of a crime is tried under adult criminal law, and to review the reservation mentioned above with a view to withdrawing it. The Committee further recommends that the State party takes legislative steps to ensure that a life sentence cannot be imposed on children who are tried under adult criminal law.

262. Finally, 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, along with the summary records of the relevant meetings and concluding observations adopted by the Committee. Such wide distribution should generate debate and awareness of the Convention and the state of its implementation, particularly within the Government, the relevant ministries, the Parliament and non-governmental organizations.

263. In the light of rule 75 of its provisional rules of procedure, the Committee on the Rights of the Child has decided to devote periodically 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.

264. On 20 November 1999, the international community will celebrate the tenth anniversary of the adoption of the Convention on the Rights of the Child (CRC) by the UN General Assembly. To mark this anniversary, the High Commissioner for Human Rights suggested to the Committee on the Rights of the Child at its twentieth session that a special meeting be organised, within the framework of its twenty-second session, to assess the impact of the Convention and to elaborate recommendations to improve its implementation. Accordingly, at its twenty-first session, the Committee decided to devote its next general discussion to a meeting organised jointly with the Office of the High Commissioner for Human Rights which would have as its theme “Tenth anniversary of the Convention on the Rights of the Child commemorative meeting: achievements and challenges”, to be held on 30 September and 1 October 1999.

265. In view of the substantial amount of information that was prepared and submitted for this meeting, and of the number and diversity of participants and the richness of the discussions, OHCHR would prepare and distribute a special report on the meeting, which will include the most relevant documents and a more detailed account of the presentations and discussions that took place in the plenary and roundtable sessions. The present report is intended only to provide summary information on the meeting and highlight the recommendations that the Committee has adopted to guide and inspire its future work and that of States parties, OHCHR, other United Nations agencies and bodies, and other competent bodies in their future efforts to implement the Convention on the Rights of the Child.

266. The main objective of the meeting was defined in its agenda as to highlight major achievements and constraints in the implementation of the Convention on the Rights of the Child and identify measures needed to improve implementation in the future. The meeting was expected to review the impact of the Convention, with the main focus on the lessons learnt from implementation efforts at the national level. The discussions were to keep a clear focus on the need to:

267. The agenda for the meeting included a plenary session to discuss implementation of the Convention at the international level and the extent to which child rights have become a priority in the international agenda, with participation from United Nations bodies and the specialized agencies (ILO, UNDP, UNHCR, UNICEF and WHO) and from the NGO Group for the Convention on the Rights of the Child (represented by the International Save the Children Alliance and the World Organisation against Torture). The Chairperson of the Committee on the Rights of the Child and one of its founding members would discuss the Convention’s success and its challenges.

268. The outline for the rest of the meeting, to be divided into three simultaneous roundtables, focused on the general measures needed to implement the Convention at the national level, including:

269. After the adoption of an international treaty, implementation faces two initial challenges: the translation of the international legal obligations enshrined in the Convention into domestic legal obligations, and the translation of domestic laws into reality by means of their day-to-day implementation. The discussion was expected to address four themes: (a) reservations to the Convention on the Rights of the Child; (b) status of the Convention in national legislation; (c) legislative review to ensure compatibility with the provisions of the Convention; and (d) practice in courts, including court cases making formal reference to the Convention.

270. Implementation of the Convention at the national level requires an enormous and systematic effort to ensure that its principles and provisions inform the attitudes and activities that affect the enjoyment of rights by all groups of children. For the adoption of the Convention to bring about change, the concept of child rights must be understood and adopted by the general public, and in particular by professionals working with or for children and by decision-makers who allocate economic resources at the national and international levels. The discussion was expected to address four themes: (a) dissemination and general awareness-raising; (b) training of professional groups; (c) resource mobilization, including the issues of budgetary allocations or macroeconomic policies; and (d) international cooperation and technical assistance.

271. Implementation of the Convention is a process that requires participation by many different actors. The international reporting process should be the catalyst for national reflection and review; but national implementation requires the permanent involvement of institutions at the national level, including Government and independent bodies. A key role in ensuring implementation at every level is played by non-governmental institutions and, even more crucially, by the involvement of children themselves. The discussion was expected to address four themes: (a) the reporting process as a catalyst for domestic review and debate of the implementation of the Convention; (b) coordination and independent monitoring structures; (c) involvement of civil society, focusing on the role played by NGOs in the implementation of the Convention; and (d) child participation, including participation in the formulation of government decisions and policies.

272. As has been the case for previous thematic discussions, the Committee and the OHCHR invited representatives of States, United Nations organs, bodies and specialized agencies, as well as other competent bodies, including NGOs, research and academic organizations, individual experts and children, to contribute to the discussion.

273. Twelve individual experts were invited to prepare written presentations to launch the discussion of the individual themes in the roundtable sessions (the discussion on the theme of child participation, in the third roundtable, was launched by a group of children and no written presentation was prepared for this theme). The list of individual experts and their presentations, distributed as background documents for the meeting together with three “Guides to the Discussion” prepared by OHCHR, is contained in annex VI. Several States, United Nations agencies and bodies, NGOs and individual experts submitted contributions and other relevant documents on the themes to be discussed. The list of these contributions is contained in annex VII.

274. Representatives of the following organizations and bodies participated in the day of general discussion:

Mrs. Mairam Akayeva, First Lady of the Kyrgyz Republic; Ministry of Human Resources (India); Knesset (Israel); Ministry for Child and Family Promotion (Mali); Ministry of Youth Affairs (New Zealand); Ministry for Foreign Affairs (Poland); Ministry for Foreign Affairs, Ministry of Health and Social Affairs and Swedish International Development Cooperation Agency (Sweden); Federal Ministry for Foreign Affairs, Federal Office of Social Security, and Federal Statistical Office (Switzerland).

Albania, Australia, Bahrain, Belarus, Brunei Darussalam, Croatia, Democratic People’s Republic of Korea, El Salvador, Estonia, Finland, France, Germany, Holy See, India, Iraq, Israel, Jordan, Kenya, Kyrgyzstan, Mali, Netherlands, New Zealand, Pakistan, Paraguay, Poland, Portugal, Spain, Slovenia, Sweden, Switzerland, Trinidad and Tobago, Uruguay, Yemen, and Yugoslavia.

Office of the United Nations High Commissioner for Human Rights (OHCHR), United Nations Development Programme (UNDP), Office of the United Nations High Commissioner for Refugees (UNHCR), United Nations Children’s Fund (UNICEF), International Labour Organization (ILO), United Nations Educational, Scientific and Cultural Organization (UNESCO), and World Health Organization (WHO).

Action for Sick Children, Alianza para el Desarrollo Juvenil Comunitario, Amnesty International, Anti-Slavery International, Association pour l'Améliorisation des Conditions d'Hospitalisation des Enfants, Association Presse Jeune, Associazione Volontari per il Servizio Internazionale (AVSI), Boston College Law School, Center for Reproductive Law and Policy, Centre for Child and the Law, Centre of Concern for Child Labour, Centro de Estudios e Investigación sobre la Infancia, CHANGE, Child Advocacy International, Child Rights International Research Institute, Children and Armed Conflict Unit (Univ. of Essex), Children's Rights Alliance, Children's Rights Office, Coalition to Stop the Use of Child Soldiers, Commission of the Churches on International Affairs of the World Council of Churches, Congress of Racial Equality (CORE), Conseil International des Femmes, CRIN/Save the Children, Defence for Children International, Dutch Children's Rights Shops, Enfant Droit, European Association for Children in Hospital (EACH), European University Institute, Federation for the Protection of Children's Human Rights, Focal Point on Sexual Exploitation of Children, German National Coalition for the Convention on the Rights of the Child, German National Committee for UNICEF, Human Rights Advocates, Human Rights Commission of Belize (NGO), Il Telefono Azzurro, Institute for Democracy in South Africa (IDASA), International Baby Food Action Network (IBFAN), International Association of Youth and Family Judges and Magistrates, International Bureau for Children's Rights (BIDE-IBCR), International Catholic Child Bureau, International Federation of Social Workers, International Federation Terre des Hommes, International Movement ATD Fourth World, International Save the Children Alliance, International School Psychology Association (ISPA), International Social Service, Irish Committee for UNICEF, Leaders of Tomorrow Foundation, Netherlands Institute of Human Rights (SIM)/Utrecht University, New Humanity, NGO Group for the Convention on the Rights of the Child, Oak Foundation, Office for the Study of the Psychological Rights of the Child (Indiana-Purdue University), Ombudsoffice for Children and Youth (Upper Austria), One World Media, Pak Environment Education Society, PLAN International, Poor and Progress Assistance, Presswise UK, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Rights for the Children Registered Association, Rural Environmental Development Network, Save the Children (Norway), Save the Children (Sweden), Soroptimist International, TOWDA Foundation, Universiteit Gent, VOICE, WAO Afrique, Women's World Summit Foundation, World Association of Girl Guides and Girl Scouts, World Council of Churches International Ecumenical Children's Network, World Federation of Methodist and Uniting Church Women, World Federation of United Nations Associations, World Organization against Torture (OMCT), World Vision International, Young Media Partners, and Zonta International.

275. The meeting was opened by Ms. Nafsiah Mboi, Chairperson of the Commitee on the Rights of the Child, who welcomed all participants. The plenary session, held on the morning of Thursday, 30 September 1999, was chaired by Mr. Bertrand Ramcharan, Deputy High Commissioner for Human Rights, and addressed the implementation of the Convention at the international level. Invited speakers included: Ms. A. Ouédraogo, Director for Policy, Development and Advocacy, International Programme on the Elimination of Child Labour (IPEC/ILO), Ms. O. Sorgho-Moulinier, Director, UNDP Office in Geneva, Mr. K. Kalumiya, Deputy Director, Department of International Protection, UNHCR, Ms. M. Santos Pais, Director, Division of Evaluation, Policy and Planning, UNICEF, Dr. J. Tulloch, Director, Department for Child and Adolescent Health, WHO, Mr. B. Gnärig, CEO, International Save the Children Alliance (NGO Group for the Convention on the Rights of the Child), Mr. E. Sottas, Director, World Organization against Torture (NGO Group for the Convention on the Rights of the Child), Ms. N. Mboi, Chairperson, Committee on the Rights of the Child, and Mr. T. Hammarberg, Special Representative of the Secretary-General for human rights in Cambodia and founding member of the Committee on the Rights of the Child.

276. Among other issues, Ms. Ouédraogo (ILO) referred to the work of IPEC and the adoption of the new ILO Convention (No. 182) on the Worst Forms of Child Labour, and requested the Committee on the Rights of the Child to continue its involvement in this area. Ms. Sorgho-Moulinier (UNDP) noted the adoption by UNDP in 1998 of a policy “integrating human rights with sustainable human development” and referred to current efforts to strengthen the organization’s capacity in the field of human rights and its relation to development. Mr. Kalumiya (UNHCR) expressed concern at the high number of children among refugees and displaced persons and at the increasing “targeting” of children in ethnically based and intra-State conflicts; he also stressed that the root causes of refugee displacements were invariably linked to the denial of human rights. Ms. Santos Pais (UNICEF) emphasized the broad ratification of the Convention on the Rights of the Child by Governments. She welcomed the abandonment of the false dichotomy between development and human rights, cast aside with the adoption - as part of the reform process - of human rights as a cross-cutting theme for the work of the United Nations. Mr. Tulloch (WHO) stressed the impact of ill-health and poverty on the right of children to survival and development. He reiterated his organization’s full commitment to placing the basic right to health and the health care of children and adolescents more prominently on the international and national human rights agendas, using the Convention on the Rights of the Child as a tool for advocacy and a conceptual framework for programmes. He also referred to efforts to increase awareness of child rights within WHO as well as the organization’s input to the reporting process of the Committee on the Rights of the Child.

277. Mr. Sottas (OMCT/NGO Group) recalled the apprehension, at the time the Convention was adopted, regarding the potential for conflict with existing international standards. The Convention had instead made a remarkable contribution, partly owing to its almost universal ratification, but also by foreseeing from the beginning a very strong role for non-governmental organizations, which had forced them to re-examine their own work; he emphasized the need to increase the age for recruitment into the armed forces and participation in hostilities. Mr. Gnärig (International Save the Children Alliance/NGO Group) suggested that the Convention had had some impact in persuading States parties to review their legal frameworks, while much remained to be done to raise awareness about the Convention at the level of regional and local institutions. He highlighted discrimination (against children working or living in the streets, children with disabilities, refugee children, children belonging to ethnic minorities, etc.) as a critical area and encouraged children to claim their own rights. He also suggested that NGOs needed to improve their coordination efforts (and with Governments and international agencies) and to give higher priority to child rights.

278. Ms. Mboi (Chairperson of the Committee) highlighted seven key areas where, in the experience of the Committee, progress had been made but where major challenges remained. She stressed the need for an inclusive approach in all aspects of work related to the Convention by Governments and civil society, adults and children; the importance of working on all rights, with increased attention given to prosecution of violations of child rights; and improvements in the mechanisms and quality of child participation in affairs affecting their own lives. She referred to the Committee’s commitment to addressing the backlog of reports while maintaining, and if possible improving, the relevance and practical applicability of concluding observations and recommendations. Finally, she announced the Committee’s decision to begin adopting general comments as a contribution to the jurisprudence of human rights. Mr. Hammarberg (founding member of the Committee) outlined four key challenges for the future. In taking child rights “from lip service to political action”, there was a need to (a) explore the implications of article 3 (bests interests of the child), including the need to assess the impact of decision-making on child rights, and (b) implement article 4 by allocating the maximum extent of available resources to the implementation of child rights, including the need for appropriate budgetary processes at the national level and for international financial institutions to give increased attention to child rights; in going “from charity to solidarity”, there was a need to look more seriously (c) at article 19 and the prevention of child abuse, including the resistance to banning corporal punishment, and (d) at article 12 and how to encourage child participation, not only through one-off events or symbolic gestures but also at the local level, for every decision and on an everyday basis.

279. Mr. Huhtaniemi (Finland) presented a statement, on behalf of the States members of the European Union and supported by many other European States, welcoming the new willingness to accept children as the subjects of rights, emphasizing the need to increase protection for children involved in armed conflict or victims of exploitation, and reiterating their opposition to the death penalty particularly when applied to juvenile offenders. The statement also expressed full support for the work of the Committee on the Rights of the Child, which faced a heavy workload, for the involvement of NGOs and for the efforts of United Nations bodies and agencies, including the attention given by the Office of the High Commissioner for Human Rights to child rights in the context of its work on national human rights institutions and macroeconomic policies. Mr. Iakubowski (Poland) recalled that Poland had submitted in 1978 the draft for the proposed new convention, and urged that child rights be placed at the heart of all activities. Ms. Orkan (Sweden) emphasized the need to focus on child participation, to introduce a child-rights impact assessment for policy-making (including on budgetary matters), and to give greater priority to child rights in development policies. Mr. Hassan (Iraq) referred to the suffering of Iraqi children under the economic embargo. Ms. Rao (India) pointed out the complexity involved in ensuring that all the provisions of the Convention are eventually translated into justiciable rights, and referred to current efforts to promote child participation at the village level and to establish a National Commission for Children in India.

280. The plenary session was informal and dynamic, and many of the children present (from Albania, Belgium, Canada, Mali, Mexico, the Netherlands, Peru, the Philippines, and the United Kingdom) took the floor to respond to the statements made by various speakers. The children asked questions regarding child rights with respect to armed conflict in Africa, street children in Asia, and discrimination against foreign children in European countries, among other issues. Many of their interventions insisted on the need for international agencies and Governments to consult and involve children more actively in decision-making. There were repeated calls for the creation of a “World Parliament for Children”, with one child mentioning that such initiatives should be preceded by increased support for child participation at the local, regional and national levels.

281. OHCHR and the Committee on the Rights of the Child hosted a reception for all participants, with the support of the Permanent Mission of Germany to the United Nations Office at Geneva, on the evening of the first day. It was followed by a performance of "Goldtooth", a musical created and performed by a group of street children from the Philippines, attended by over 200 participants, United Nations staff and invited guests from the local community, including children of all ages.

282. For the afternoon session on Thursday, 30 September 1999 and the morning session of Friday, 1 October 1999, participants divided into three Roundtables which met simultaneously to discuss different aspects of the implementation of the Convention at the national level.

283. Roundtable I was chaired by Mr. Jaap Doek (Rapporteur, Committee on the Rights of the Child), with Ms. Marta Santos Pais serving as facilitator and rapporteur. The meeting started by addressing the subject of reservations to the Convention. Ms. Santos Pais noted that the paper submitted by Ms. Marie-Françoise Lücker-Babel drew attention to the various reservations entered by States parties to the Convention and in particular to the need to clarify whether any should be seen as “contrary to the object and purpose of the Convention”. The topic “Status of the Convention on the Rights of the Child in National Legislation” was presented by Ms. Sharon Detrick who highlighted the difference between States where international treaties were considered “self-executing”, those that adopted an intermediate approach requiring the “incorporation” of the Convention, and those that relied on a “dualistic” approach based on harmonization of national legislation to give legal effect to the provisions of the Convention. Mr. Emilio García Méndez led the discussion on the subject “Legislative Review”, pointing out that the ratification of the Convention had led to a shift from legislation based on children in “irregular situations” to legislation based on full protection and covering all children. The last subject to be discussed was “Practice in Courts”, presented by Mr. Jeff Wilson who focused on the difficulties involved in invoking the Convention in court cases and on the measures that could enhance the legitimacy of the Committee on the Rights of the Child and thus the position of the Convention before the States parties’ courts. Roundtable I was attended by 30-40 participants, including legal scholars, representatives of NGOs, governmental delegates, and one child. A full account of the perspectives and points of view presented during the discussions at all the Roundtables will be contained in a more detailed report.

284. Roundtable II was chaired by Ms. Mboi (Chairperson, Committee on the Rights of the Child), with Mr. Hammarberg serving as facilitator and Mr. Rakesh Rajani as rapporteur. On Thursday afternoon, the meeting was addressed by Mrs. Mairam Akayeva, First Lady of the Kyrgyz Republic and founder of the Meerim International Charitable Foundation for the Support of Childhood and Maternity, who raised the issue of access to education as a basic right of children. Mr. Rajani presented the theme “Dissemination and Awareness-Raising”, drawing attention to the need to adopt participatory approaches to awareness-raising and to acknowledge that the purpose of such dissemination was to bring about social change. The theme “Training of Professional Groups” was introduced by Mr. Yitahew Alemayehu who focused on the need to integrate child rights and human rights in the formal and non-formal training of professionals and to the need for such training to focus on the provision of relevant technical skills. The theme “Resource Mobilization” was introduced by Ms. Shirley Robinson, who referred to the South African “Children’s Budget Project” as an example of how to address the need to increase awareness regarding the impact of budgetary decisions and macroeconomic policies on the implementation of child rights. The roundtable concluded with a discussion of “International Cooperation and Technical Assistance” presented by Mr. Jan Vandemoortele, who drew attention to the decline in levels of international assistance during the decade since the adoption of the Convention and to the need to give increased attention to capacity-building and to the provision of basic social services. Roundtable II was attended by 50-60 participants, including individual experts, representatives of NGOs, and a substantial number of governmental delegates and child participants.

285. Roundtable III was chaired by Ms. Marilia Sardenberg (Vice Chair, Committee on the Rights of the Child), with Mr. Nigel Cantwell serving as facilitator and rapporteur. The discussion on “The Reporting Process as a Catalyst for Domestic Review and Debate” was launched by Ms. Lisa Woll, who emphasized the need to make the report-preparation process more participatory and to increase the usefulness of the recommendations of the Committee and the efforts to follow up on their implementation. This was followed by a discussion on “Coordination and Independent Monitoring”, with a presentation by Mr. Peter Newell, who addressed the need for comprehensive national strategies and for governmental mechanisms for implementation, coordination and monitoring, and for child-impact analyses and data collection. Ms. Ankie Vandekerckhove then discussed the requirements of “ombudswork” for children, with a special emphasis on the need for independence. Ms. Virginia Murillo introduced the discussion on “Involvement of Civil Society”, highlighting the role that NGOs played in the reporting process, in the review of legislation and of public policies and programmes, and in some cases also in the provision of services to children. Mr. Ben Schonveld added remarks regarding the need for NGOs to review their roles with regard to child rights. A group of children from Albania, Belgium, Mali, Mexico, the Netherlands, the Philippines and the United Kingdom launched the discussion on “Child Participation”. Among other proposals, the children suggested the establishment of a “World Parliament for Children” and requested that consideration be given to including children among the members of the Committee on the Rights of the Child. Roundtable III was attended by 50-60 participants; numerous children took a very active part.

286. On 1 October, in the presence of Mrs. Mary Robinson, United Nations High Commissioner for Human Rights, UNICEF launched its new "Making Children Count" project. The project is setting up an Internet-based electronic database to compile positive examples of general measures - new laws, structures, policies and processes - taken to implement the human rights of children around the world.

287. The three Roundtables met again to discuss the adoption of recommendations, which were presented at the all participants final plenary session by the rapporteurs of the three Roundtables, after which Ambassador Catherine von Heidenstam (Sweden), Chair of the working group of the Commission on Human Rights drafting an optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, briefly addressed the meeting.

288. Some of the children present at the meeting complained that the language of the recommendations had been extremely hard to follow and that some of their key proposals had not been included. Ms. Sardenberg and Ms. Ouédraogo replied that some of those proposals would require changes to the Convention itself (for example, that children be included among the expert members of the Committee) and that there had been conflicting opinions during the discussion of other proposals (for example, calling for the establishment of a permanent World Parliament of Children). Another child participant expressed appreciation for the opportunity to participate in the meeting, and the hope that in future participation of children would be open to a larger spectrum of groups and that greater emphasis would be given to participation at the local and national levels.

289. The High Commissioner made a closing statement, thanking the children for their remarks and acknowledging that the recommendations, which reflected very hard and productive work and which would be extremely useful to guide the future work of the Office, were indeed complex and difficult to absorb during an oral presentation. She emphasized that encouraging child participation would require adults and children alike to learn how to interact. She also pointed out that the United Nations was only starting to thinks of ways to consider the views of children and that improvements were being made, while further efforts would be needed to find ways to make child participation more effective. She referred briefly, among other issues, to the involvement of children in armed conflict; to the special dialogue on child rights held during the 55th session of the Commission on Human Rights (on 14 April 1999) and its focus on economic, social and cultural rights (including the impact of macroeconomic policies); to the generous support from donors and the effective cooperation and involvement in the implementation of child rights of other United Nations agencies and bodies; and to the key role played by NGOs. She also noted the need for business to pay attention to child rights.

290. A reception was held immediately afterwards to commemorate the twentieth anniversary of the founding of Defence for Children International, the NGO set up exclusively to promote and protect the rights of children.

291. The Committee on the Rights of the Child acknowledges that it would be impossible to reflect the full complexity of the differing perspectives and rich debates that took place during the commemorative meeting in a comprehensive manner. On the basis of the recommendations presented by the rapporteurs of the Roundtables and the discussions held during the two-day meeting, the Committee decided to note and endorse the following conclusions:

(a) The Committee on the Rights of the Child wishes to restate that it represents the values and provisions of the Convention and is guided in its work by the general principles of the Convention.

- The Committee has a decisive role to play in monitoring the implementation of the Convention and progress made by States parties in the realization of children’s rights. This monitoring role includes the assessment of measures undertaken to ensure full compatibility of law and practice with the Convention as well as to remove obstacles to its implementation.

- Democratic participation and public pressure, facilitated by public awareness and training, are critical in bringing about the commitment and political will necessary for the achievement of child rights. In the same way that optimal implementation of the Convention requires the involvement of governments, civil society, children, and international cooperation, each component of the implementation process - including reporting - requires this broad involvement.

- Child rights must be viewed as the human rights of children. The experience of general human rights activities over recent decades should be analysed and used to promote respect for the rights of the child, and to avoid the perseverence of the charity mentality and paternalistic approaches to children’s issues.

(b) The Committee has a decisive role to play in the assessment of the validity and impact of reservations made by States parties, and will continue to systematically raise this issue with States parties.

- The Committee will continue to encourage the review of reservations by States parties, as well as their withdrawal with a view to achieving the highest level of implementation of the Convention, and will consider adopting a General Comment on the subject of reservations.

- The Committee will raise with States parties the compatibility of reservations with the “object and purpose of the Convention”, clarify the situations where a lack of compatibility exists and reservations may be invalid, and suggest specific steps to reverse such situations.

- The Committee encourages the provision of technical assistance to assist States parties in their effort to review reservations with a view to their withdrawal.

(c) The Committee will request that a detailed study be carried out on existing reservations, including on the experience of the Committee, follow up given to its recommendations for withdrawal, comparison with reservations entered by the same States parties to other human rights treaties, and potential implications of the alternative approaches the Committee could adopt.

(d) The Committee will give increased and detailed attention to the need for a systematic approach to the issue of the legal status of the Convention during its examination of reports, both initial and periodic. Of particular importance in this regard are the need to clarify the extent of applicability of the Convention in States where the principle of “self-execution” is applicable, and the precise meaning of statements indicating that the Convention “has constitutional status” or “has been incorporated” in the national legal order. The request that States parties take appropriate measures, as required by article 4, to ensure that the provisions of the Convention are given legal effect within their domestic legal systems should be considered of fundamental importance for the implementation of the Convention. These measures should include effective remedies for the children, their parents and other relevant individuals or groups, and be in accordance with Article 27 of the Vienna Convention on the Law of Treaties.

(e) The Committee points out that giving primacy to the Convention in their domestic legal orders does not preclude the need for States to take action to harmonize fully their national legislation with the provisions of the Convention, and to adopt complementary legislation and enforcement mechanisms, including in particular judicial and administrative remedies, to ensure its full implementation.

(f) The Committee recommends to States parties that they set up a mechanism to ensure that all proposed and existing legislative and administrative measures are systematically reviewed to ensure compatibility with the Convention on the Rights of the Child. Such reviews should be carried out by considering all the provisions of the Convention, and be guided by its general principles; they should also give adequate attention to the need to ensure appropriate consultation with and involvement of civil society during the review process.

(g) The Committee encourages non-governmental organizations, and legal professionals and scholars, to give priority attention to providing legal analyses of existing legislation and its compatibility with the Convention to the Commitee, so they can be of use in its examination of reports presented by States parties, including in areas not usually scrutinised with regard to their compatibility with the provisions of the Convention on the Rights of the Child.

(h) The Committee encourages non-governmental organizations, academics and other individual experts to carry out more detailed and systematic studies of court cases on the interpretation or application of the provisions of the Convention on the Rights of the Child, in all types of legal systems, and in all areas of the Convention. Information obtained from such studies should, if possible, be provided to the Committee, as an input for examination of reports from specific States parties.

(i) The Committee will continue to provide improved guidance and illustrations on the interpretation of the provisions of the Convention, including in the form of General Comments, and will attempt to do so in particular for the aspects that render provisions of the Convention justiciable. The Committee will give increased attention to the aspects of the examination of reports which most clearly affect the impact of the provisions of the Convention on the legal and judicial systems of States parties. The Committee encourages legal professionals and non-governmental organizations to make increased use of the Convention in bringing cases to national and international courts.

(j) The Committee will consider initiating discussions on an Optional Protocol to the Convention providing a mechanism for individual communications, to ensure the availability of legal remedies at the international level with regard to the Convention on the Rights of the Child. The Committee encourages States parties to support its efforts in this respect.

(k) The Committee recalls that dissemination and awareness-raising about the rights of the child are most effective when conceived as a process of social change, of interaction and dialogue rather than lecturing. Raising awareness should involve all sectors of society, including children and young people. Children, including adolescents, have the right to participate in raising awareness about their rights to the maximum extent of their evolving capacities.

(l) The Committee recommends that all efforts to provide training on the rights of the child be practical, systematic and integrated into regular professional training in order to maximize its impact and sustainability. Human rights training should use participatory methods, and equip professionals with skills and attitudes that enable them to interact with children and young people in a manner that respects their rights, dignity and self-respect.

(m) The Committee calls attention to the fact that economic policies are never child-rights neutral. The Committee calls on civil society to assist it in seeking the support of key international leaders, and in particular the High Commissioner for Human Rights, the Executive Director of UNICEF, and the President of the World Bank, to examine how macro-economic and fiscal policies impact on children’s rights, and how these policies can be reformed so as to make them more beneficial to the implementation of the rights of the child.

(n) With regard to article 4 of the Convention, the Committee calls for action to promote and disseminate evidence that demonstrates that investing in children and basic social services makes excellent economic sense, and that their neglect undermines economic and social development. State parties and civil society actors need to make budget documentation and processes more transparent and accessible to as many people as possible, and invest in raising the “economic literacy” of the public.

(o) The Committee reminds States parties that resource allocation for basic social services has the greatest impact on the realization of child rights. This means that ‘the maximum extent of available resources’ as emphasized in article 4, should prioritise children in resource allocation, facilitating universal provision of quality basic social services for children. Investment in children today is the best guarantor of equitable and sustainable development tomorrow. Universal access to an integrated package of basic social services is within the financial reach of the world community, though it will often require early and steep debt relief and greater reductions in military spending. In particular, State parties should provide free primary education for all children, in accordance with article 28 of the Convention, and strive for the enjoyment of the highest attainable standard of health for all children, in line with article 24 of the Convention.

(p) The Committee requests States parties to give increased attention to the provision of information regarding fiscal commitment to children, which should be transparent and adequately reported (including national and sub-national government commitment to children). In this respect, the Committee wishes to call attention to its guidelines regarding the form and content of periodic reports.

(q) The Committee requests that attention be given to the inclusion of the review of the “20/20 initiative” and its implementation at the “Special Session of the General Assembly in the year 2000 for the overall review and appraisal of the implementation of the outcome of the World Summit for Social Development”, and at the “Special Session of the General Assembly on the Follow Up of the World Summit for Children in 2001".

(r) The Committee reminds States parties that they should take all necessary measures to ensure that wide consultation takes place during the preparation of reports, and that the report preparation process serves to stimulate public debate and awareness regarding the implementation of the Convention.

(s) The Committee will give increased consideration to looking for ways in which the reporting burden on States could be reduced to facilitate improvements in the report preparation process. The Committee may, if necessary and on a case-by-case basis, consider identifying priorities in reporting or reducing expectations in that regard, while ensuring continuous monitoring of the rights of the child. Any efforts in this respect will be carefully considered to ensure co-ordination with approaches used by other treaty bodies monitoring the implementation of international human rights treaties.

(t) The Committee points out that every national, as well as state and local, level of government, must place coordinating responsibility for child rights within a senior level of government. It recommends that these coordinating bodies be at the appropriate level, such as in the office of the President or similar executive levels in state and local governments. Each coordinating body should be vested with the status and financial and human resources to enable it to carry out its duties and to obtain or demand cooperation from all government departments in implementing children’s rights.

(u) The Committee recalls that coordination of implementation efforts should be accompanied by provision for effective review and monitoring of achievement. The Committee considers that permanent structures and mechanisms that exist for the promotion of human rights - such as ombudspersons or national human rights commissions - can be effectively used for the human rights of children, provided sufficient importance is in practice given to this population group, for example through a specific focal point within the structure concerned. The establishment of independent monitoring mechanisms, whether specifically for child rights or within the functions of national human rights institutions is thus particularly encouraged. The establishment of such mechanisms should build on the requirements of the Convention, the “Paris Principles”, and the practical experiences of existing institutions. Guidelines should be developed for the effective promotion of the human rights of children by national human rights institutions.

(v) The Committee recommends that the relationship between governments, NGOs, children and other actors, in the implementation of child rights be continuously reviewed, so as to ensure the avoidance of negative impacts on children’s rights of reduced financial support for programmes, in accordance with the spirit of the Convention. The Committee recommends that States parties ensure:

- that they do not devolve responsibility for the implementation of children’s rights to non-governmental organisations without the necessary provision of resources, including training, and that the involvement of non-governmental organizations in implementation efforts does not lead to the abdication of responsibility by the States parties;

- that the provision of financial or other resources by States or others does not threaten the independent role of civil society;

- that in any decentralisation or privatisation process, the Government retains clear responsibility and capacity for ensuring respect of its obligations under the Convention.

(w) The Committee will consider adopting, as a priority, a comprehensive general comment on child participation as envisaged in the Convention (and more particularly in articles 12 through 17) bearing in mind that participation includes, but is not limited to, consultation and proactive initiatives by children themselves. The Committee reminds States parties of the need to give adequate consideration to the requirements of these provisions. Such attention should include:

- taking appropriate measures to support the right of children to express their views;

- ensuring that schools, as well as other bodies providing services for children, establish permanent ways of consulting with children in all decisions concerning their functioning, the content of the curriculum or other activities;

- increased consideration to the creation of space, channels, structures and/or mechanisms to facilitate the expression by children of their views, in particular with regard to the formulation of public policies from local up to national level, with appropriate support from adults, including in particular support regarding training. This requires investment to institutionalize effective spaces and opportunities for children to express their views and to engage with adults, especially through schools, community organisations, NGOs, and the media;

- encouraging and facilitating the creation of structures and organisations run by and for children and youth.

(x) The Committee encourages States parties, non-governmental organizations, and others preparing reports, to include the views of children, in particular on the status of children’s rights and the impact of the Convention on their lives, in monitoring and reporting on the implementation of the Convention.

(y) The Committee will give careful consideration to the need to ensure the most appropriate approach to the participation of children in its own work.

292. During the session, the Committee was informed by members about various meetings in which they had participated. On 6 July 1999, Mrs. Mboi attended in Geneva the high-level segment of the Economic and Social Council dedicated to the right of the child at which she delivered a keynote speech. From 11 to 14 July, Mrs. Mboi, as chief guest, attended in Colombo a three-day meeting organized by the NGO Sarvodaya Legal Services Movement on the occasion of the eighth anniversary of the ratification by Sri Lanka of the Convention on the Rights of the Child. The meeting brought together a wide range of participants, including members of the National Monitoring Committee for the Convention, academics, government officials, NGO representative and the public at large. A field visit was also included in the programme.

293. Mrs. Mboi also participated in the Fourth Annual Meeting of the Asia-Pacific Forum in Manila during which a two-day workshop was held on the promotion and protection of children’s rights. From 17 to 19 September, Mrs. Mboi attended a conference in Tunis entitled “Children on the verge of the 21st century”, organized by the Tunisian association for Child Protection, where she delivered a speech entitled “Promotion and protection of the rights of the child: an obligation to our children on the verge of the 21st century”. Finally, on 26 and 27 September Mrs. Mboi participated in a meeting in Warsaw entitled “Keep children smiling in the new millennium”, organized by the First Lady of Poland. Queens and First Ladies from 16 countries attended the event.

294. Mrs. Karp delivered a keynote speech entitled “The importance of monitoring the rights of children and youth in today’s world” at a symposium on the rights of the child held in Victoria, Canada, from 24 to 26 June 1999.

295. Mr. Rabah participated in a meeting on the rights of the child in Amman, from 15 to 20 June 1999. In his presentation Mr. Rabah focused on the role, mandate, functions of the Committee. Mr. Rabah also attended the Tunis conference.

296. Mr. Fulci had been involved in several United Nations meetings where he had advocated for the promotion and protection of the rights of the child. As Chair of the Economic and Social Council substantive session of 1999, Mr. Fulci had also participated in the high level-segment discussion on the rights of the child. He had further participated in the Security Council meeting on 25 August during which resolution 1261 was adopted. Mr. Fulci also participated in the 54th session of the General Assembly.

297. During the pre-sessional working group for the present session, held from 7 to 11 June 1998, 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 light of article 45 of the Convention.

298. On 9 June 1999, members of the Committee met with representatives of Parents Advocating for Recovery through Education by Networking Together (PARENTS) who expressed their concerns regarding the rights of child victims of parental abduction and discussed with members of the Committee possible ways to redress these sensitive situations.

299. The Committee met with Ms. Lisa Woll, International Study Director of the Convention on the Rights of the Child Impact Study undertaken by Rädda Barnen (Swedish Save the Children) on 10 June 1999. Ms. Woll presented the main findings and preliminary conclusions of the study which is planned to be launched at the end of 1999.

300. During the session, the Committee again held various 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.

301. On 22 September, the Committee held a meeting with representatives from United Nations bodies and specialized agencies, as well as other competent bodies. The Chairperson of the Committee suggested that the meeting focus on ways to improve cooperation between the Committee and its partners.

302. The representative of WHO indicated that his organisation had been eager to improve its reporting to treaty bodies, but that the capacity to adequately do so was lacking. It was noted that additional training would be required at all levels of the organisation to encourage a more rights-based approach to reporting on health issues, including children’s health. Orientation and training on children’s rights would begin in the near future with staff posted at headquarters and would follow shortly thereafter with field officers.

303. While WHO had recognised that more input from field officers would enhance the reporting process and that more follow-up was needed at the national level, they had not yet finalised the approach to be taken in that regard. It was noted that WHO would collaborate further with partners on the participation of fields officers in the reporting process.

304. The representative of UNICEF indicated that her organization had been actively promoting the reporting process at the national level. In that regard, she noted that in recent years UNICEF had routinely encouraged States parties that had not yet submitted their reports to do so at the earliest opportunity. UNICEF had further provided assistance to some States that had had difficulties initiating the reporting process.

305. UNICEF field officers had been repeatedly approached by States parties about the Committee’s backlog of reports and its impact on the consideration of their reports.

306. Participation in the pre-sessional working group had been useful in helping UNICEF field officers understand the significance of the reporting process and its potential impact on their work. In that context, UNICEF had made significant efforts to establish links between the recommendations of the Committee and the UNICEF work-planning process. UNICEF had already initiated the process of incorporating some of the Committee's recommendations into its technical cooperation programmes.

307. The representative of ILO stated that the concluding observations of the Committee had been distributed to ILO field offices with a view to their being incorporated, where possible, into the work of the organization at the national level.

308. The representative reiterated the importance of children’s right to the work of the ILO and welcomed the opportunity for continued cooperation and dialogue with the Committee. She referred to the Committee’s private meeting with Mr. Kari Tapiola, Executive Director for Fundamental Principles and Rights at Work of ILO, held 16 September 1999, during which they discussed future cooperation in promoting the new ILO Convention concerning the Worst Forms of Child Labour.

309. The new Convention, which calls for immediate and effective action to prohibit and eliminate the worst forms of child labour, including such practices as child slavery, forced labour, trafficking, debt bondage, serfdom, prostitution, pornography and various forms of hazardous and exploitative work, had been adopted in June 1999.

310. She expressed appreciation for the recommendations made in the Committee's concluding observations regarding the ratification of ILO Convention No. 138 concerning Minimum Age for Admission to Employment (1973) and reaffirmed the positive impact of the recommendations on the promotion and ratification of the Convention No. 182 should be promoted in a similar way.

311. The representative of the NGO Group for the Convention on the Rights of the Child said that it had established a network of contacts in most regions, but that NGO information was often still lacking for Cental Africa, the Middle East and small island and other small States. Efforts had been made to address these limitations.

312. NGOs had been encouraged to participate in the collaborative reporting process at the national level, but had also been advised that their participation should not involve the actual writing of States parties' reports or the drafting of joint reports with States parties. NGOs had also been encouraged to submit collaborative alternative reports that followed the Committee’s reporting guidelines.

313. The NGO Group’s coordination efforts had resulted in the recent submission of alternative reports by NGOs that were consistent with the Committee’s request concerning periodic reports. In that connection, she suggested that the Committee clearly identify and articulate their needs concerning the submission of alternative reports by NGOs.

314. With respect to reporting at the pre-sessional working group meetings, the representative suggested that more time be given to discussions with NGOs and less to the reading of formal statements. NGO national representatives were often frustrated by the insufficient time to engage in substantive dialogue with the Committee.

315. The NGO Group had requested additional funding to facilitate the translation of some of the NGO information from the language of submission into English.

316. On 29 September 1999, the Committee meet with representatives from the six Initiators of the 1990 World Summit for Children (Canada, Egypt, Mali, Mexico, Pakistan and Sweden) as well as with Mrs. Carol Bellamy, Executive Director of UNICEF, and other UNICEF staff. Members of the Committee were informed about the special session of the General Assembly to be convened in September 2001 to review achievements. It was recalled that the Secretary-General had called upon UNICEF to coordinate a global review of progress in the implementation of the Declaration and Plan of Action of the World Summit for Children. The review process was intended to shape and implement a new global agenda for children in the next century. During the meeting, the focal role of the Committee in measuring progress towards the realization of the rights of the child through the reporting process and the partnership built around that process among the various actors involved at the national and international levels in promoting and protecting the rights of the child was stressed.

317. A meeting between Ms. Katarina Tomasevski, Special Rapporteur of the Commission on Human Rights on the right to education, and members of the Committee was held on 29 September 1999. Ms. Tomasevski informed members of the Committee about her work and the main challenges that had emerged in that regard. She explained that in order to respect the right to education, States would need to respect four criteria: availability, accessibility, acceptability and adaptability of the education system. She also emphasized the need for the international community to increase its aid in the field of education. Ways to enhance cooperation between their respective mandates were explored.

318. At its meeting on 22 September 1999, the Committee recalled its concern at the growing backlog of reports and decided to consider eight States parties' reports during its 23rd session (January 2000) and nine reports per session thereafter, in an attempt to reduce the backlog. Regarding the re-establishment of the system of country rapporteurs (see CRC/C/87, para.255), the Committee agreed that the country rapporteur would have the following responsibilities:

(a) To maintain contact and work closely with the appropriate staff member in the secretariat throughout the whole process;

(d) To finalize and ensure the quality of the concluding observations and recommendations.

319. The Committee further agreed that the pre-sessional meeting in the future would be country specific and strategically focused. In addition, the Committee decided that in the future the List of Issues should be mainstreamed and limited to the most significant issues.

320. At its meeting on 6 October 1999, the Committee adopted guidelines (see annex VIII) to facilitate and encourage the process of written submission of NGO reports as well as the participation of NGOs in its pre-sessional working group meetings.

321. The following is the draft provisional agenda for the twenty-third session of the Committee:

2. Filling of casual vacancy and solemn declaration by the new member of the Committee.

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

322. At its 586th meeting, held on 8 October 1999, the Committee considered the draft report on its twenty-second session. The report was unanimously adopted by the Committee.

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

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

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

19 September 1990

1 September 1992

4 December 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

7 October 1990

2 September 1990

1 September 1992

6 October 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

16 September 1990

20 December 1990

13 October 1990

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

22 January 1998

8 November 1994

27 October 1995

22 December 1994

CRC/C/8/Add.3

CRC/C/8/Add.41

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

1 December 1999

CRC/C/8/Add.40

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

10 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

25 November 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

Initial reports due in 1995 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

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

Libyan Arab

Jamahiriya

Marshall Islands

Micronesia

(Federated

States of)

Monaco

Morocco

15 May 1993

3 November 1993

4 June 1993

21 July 1993

14 May 1995

2 November 1995

3 June 1995

20 July 1995

23 May 1996

18 March 1998

16 April 1996

9 June 1999

27 July 1995

CRC/C/28/Add.6

CRC/C/28/Add.12

CRC/C/28/Add.5

CRC/C/28/Add.15

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

State party

Date of entry into force

Date due

Date of submission

Symbol

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

Georgia

Iraq

United Kingdom of

Great Britain and

Northern Ireland

(Overseas

Territories)

Uzbekistan

Iran (Islamic

Republic of)

2 July 1994

15 July 1994

7 September 1994

29 July 1994

12 August 1994

1 July 1996

14 July 1996

6 September 1996

28 July 1996

11 August 1996

7 April 1997

6 August 1996

26 May 1999

9 December 1997

CRC/C/41/Add.4

CRC/C/41/Add.3

CRC/C/41/Add.7

CRC/C/41/Add.5

Nauru

Eritrea

Kazakstan

Kyrgyzstan

Samoa

26 August 1994

2 September 1994

11 September 1994

6 November 1994

29 December 1994

25 August 1996

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

Initial reports due in 1997 (continued)

State party

Date of entry into force

Date due

Date of submission

Symbol

Solomon Islands

Haiti

South Africa

Palau

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

21 October 1998

CRC/C/51/Add.2

CRC/C/51/Add.3

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

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

21 October 1999

CRC/C/61/Add.2

Initial reports due in 1999

Oman

United Arab

Emirates

Switzerland

Cook Islands

8 January 1997

2 February 1997

26 March 1997

6 July 1997

7 January 1999

1 February 1999

25 March 1999

5 July 1999

CRC/C/78/Add.1

1. OHCHR, "Guide to the Discussion" for Roundtable I: "Translating Law into Reality".

2. Marie-Françoise Lücker-Babel (Docteur en droit, Genève), “Les réserves à la Convention des Nations Unies relative aux droits de l’enfant et la sauvegarde de l’objet et du but du traité international”, published in European Journal of International Law, Vol. 8(1997), No. 4, pp. 664-682.

3. Sharon Detrick (Children’s Rights Consultancy International (Voorschoten)), “Status of CRC in National Legislation”.

4. Emilio García Méndez (UNICEF, Bogotá), “Legislative Review: Child Legislation in Latin America, Models and Trends”.

5. Jeffery Wilson (Barrister, Toronto), “A tale of a court that does not like children and one that does, and how an international convention may make no difference”.

6. OHCHR, “Guide to the Discussion” for Roundtable II: “Putting Child Rights on the Agenda”.

7. Rakesh Rajani (Harvard University), “The Politics of Raising Awareness for Child Rights: Lessons from Tanzania”.

8. Yitayew Alemayehu (Action Professionals’ Association for People - APAP, Addis Ababa), “Professional Training and the CRC - Reflections on the Ethiopian Experience”.

9. Shirley Robinson and Mastoera Sadan (Children’s Budget Project, Institute for Democracy in South Africa), “General Measures of Implementation: Mobilisation of Resources for Children”.

10. Jan Vandemoortele (Chief, Policy Analysis, UNICEF), “International cooperation and technical assistance”.

11. OHCHR, “Guide to the Discussion” for Roundtable III: “Building Partnerships for the Realization of Rights”.

12. Lisa Woll (Director, The Convention on the Rights of the Child Impact Study, Washington, D.C.), “The Reporting Process as a Catalyst for Domestic Review and Debate”.

13. Peter Newell (Chair, Council of the Children’s Rights Development Unit and Coordinator of End Physical Punishment of Children - EPOCH, London), “Making Governments Work for Children”.

14. Ankie Vandekerckhove (Commissioner for Children’s Rights, Flemish Community (Belgium)), “Quality Requirements for Ombudswork for Children”.

15. OHCHR, “Role of National Human Rights Institutions in the Protection and Promotion of the Human Rights of Children" (Manila, 9-10 September 1999).

16. Virginia Murillo Herrera (Presidenta Ejecutiva, Defensa del Nino Internacional DNI (Costa Rica)), “El involucramiento de la sociedad civil en la implementación de la la Convención sobre los Derechos del Niño”.

1. Ann Birch (Casa Alianza), “The Tenth Annniversary of the Adoption of the United Nations Convention on the Rights of the Child - Success and Challenges”, 7 pp.

2. André Dunant, “Mineurs en prison: Pourquoi si peu d’alternatives?”, 6 pp.

3. Yuji Hirano (Federation for the Protection of Children’s Human Rights), “The Roles Played by Japanese NGOs in the Initial Reporting Process”, 9 pp.

4. Asocciazione Volontari per il Servizio Internazionale, “Contribution of the AVSI’s Scientific Committee on the best practices in the implementation of the Rights of the Child”, 11 pp.

5. Cynthia Price-Cohen (Childrights International Research Institute), “Child Rights Jurisprudence - Its Relevance for Advocates and Practitioners”, 2 pp.

6. Human Rights Commission of Belize (NGO), “The Current Situation in Belize”, 2 pp.

7. Ellen Mouravieff-Apostol and Jaap van der Straaten (NGO Committee on UNICEF and PLAN International), “The Unregistered Children Project: towards full implementation of article 7 of the UN Convention on the Rights of the Child”, 7 pp.

8. Sarah McNeill (PressWise), “Child Rights and the Media: Representing Lost Childhood - International Media Awareness Project”, 2 pp.

10. European Association for Children in Hospital, “Report: Implementation of Children’s Rights in Health Care Services in Europe”, 6 pp.

11. International Baby Food Action Network, “Translating the Convention into law and law into reality”, 2 pp.

12. Kathy H. Martinez (Centre for Reproductive Law and Policy), “Implementing Adolescent Reproductive Rights through the Convention on the Rights of the Child”, 29 pp.

13. Archana Mehendale and Babu Mathew (Centre for the Child and the Law), “Child Rights in the Indian Context”, 10 pp.

14. David Southall (Child Advocacy International), “To the Secretary-General of the United Nations”, 2 pp.

15. Claudia Stangl-Taller, “The Constitutional Translation of the UN Convention on the Rights of the Child in Austria”, 4 pp.

16. Claudia Stangl-Taller, “Austria - Draft of a Federal Constitutional Law for the Protection of the Rights of Children and Youth”, 6 pp.

17. International School Psychology Association, “Respectful School Communities: Laying the Foundations of Peace and Tolerance in the New Millennium”, 2 pp.

18. International School Psychology Association, “Cross-National Research on the Perspectives of Children and Adults about the Status of Children’s Rights”, 3 pp.

19. International School Psychology Association, “Child Rights Education-International: An International Distance Learning Program for Professionals and Policy Makers”, 3 pp.

20. International School Psychology Association, “Experimental Reporting System for the Education Articles of the Convention on the Rights of the Child”, 4 pp.

21. International School Psychology Association, “1st and 2nd International Conferences on Children’s Rights in Education”, 3 pp.

23. Ritva Salunen and Jali Raita, “Rights for the Children Registered Association - Finland”, 10 pp.

24. Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva, “Message of the Federal Ministry of Justice of the Federal Republic of Yugoslavia on the Occasion of the Tenth Anniversary of the Adoption of the Convention on the Rights of the Child”, 3 pp.

25. Permanent Mission of the Republic of Trinidad and Tobago to the United Nations Office at Geneva, “Submission by the Republic of Trinidad and Tobago to the twenty-second session of the Committee on the Rights of the Child”, 4 pp.

26. Patricia Cruzado Muñoz (Commission on International Affairs of the World Council of Churches), “Contribución a las discusiones que se llevarán a cabo en la Reunión de Conmemoración del Décimo Aniversario de la Convención sobre los Derechos del Niño”, 3 pp.

27. Unit for Research and Education on the Rights of the Child of the University of Victoria (British Columbia, Canada), “International Child Rights Education Institute: A Program of Instruction, Discussion and Debate on the Human Rights of Children for Professionals and Policy Makers”, 2 pp.

28. UNICEF, “Reservations to the Convention on the Rights of the Child”, 16 pp.

29. UNICEF, “Status of the Convention on the Rights of the Child in the Domestic Legal Order”, 18 pp.

1. Under article 45(a) of the Convention, the Committee on the Rights of the Child may invite specialized agencies, UNICEF and "other competent bodies" to provide expert advice on the implementation of the Convention. The term "other competent bodies" includes non-governmental organizations (NGOs). This Convention is the only international human rights treaty that expressly gives NGOs a role in monitoring its implementation. The Committee has systematically and strongly encouraged NGOs to submit reports, documentation or other information in order to provide it with a comprehensive picture and expertise as to how the Convention is being implemented in a particular country. The Committee warmly welcomes written information from international, regional, national and local organizations. Information may be submitted by individual NGOs or national coalitions or committees of NGOs.

2. In order to rationalize its work, written information provided by national, regional and international NGOs as well as individual experts should be submitted to the secretariat of the Committee on the Rights of the Child at least two months prior to the beginning of the pre-sessional working group concerned. Twenty copies of each document should be provided to the secretariat. NGOs are invited to indicate clearly whether they wish the Committee to keep their information or its source confidential.

3. Requests of national, regional and international NGOs to paticipate in the pre-sessional working group should be submitted to the Committee through its secretariat at least two months prior to the beginning of the pre-sessional working group concerned.

4. Based on the written information submitted, the Committee will issue a written invitation to selected NGOs to participate in the pre-sessional working group. The Committee will only invite NGOs whose information is particularly relevant to its consideration of the State party's report. Priority will be given to partners who have submitted information within the requested time-frame, who are working in the State party and who can provide first-hand information that is complementary to information already available to the Committee. In exceptional cases, the Committee reserves the right to limit the number of partners invited.

5. The pre-sessional working group of the Committee provides a unique opportunity for dialogue with partners, including NGOs, regarding implementation of the Convention on the Rights of the Child by States parties. Therefore, the Committee strongly recommends that its partners limit their introductory remarks to a maximum of 15 minutes for NGOs coming from in-country and 5 minutes for others so that the members of the Committee can then engage in a constructive dialogue with all participants. Introductory remarks should be limited to highlights of written submission.

6. The pre-sessional working group is a meeting closed to the public, so no observers will be allowed.

CRC/C/40/Rev.13 Note of 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/89 Note by the SecretaryGeneral on the States parties to the Convention and the Status of submission of reports