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

UNITED

NATIONS

CRC

Convention on the

Rights of the Child

Distr.

GENERAL

CRC/C/90

7 December 1999

Original: ENGLISH

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