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UNITED NATIONS |
CRC | |
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Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/97 17 July 2000
Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fourth session
15 May-2 June 2000
Report on the twenty-fourth session
(Geneva, 15 May-2 June 2000)
CONTENTS
Chapter Page
I. ORGANIZATIONAL AND OTHER MATTERS......................................................... 4
A. States parties to the Convention............................................................................ 4
B. Opening and duration of the session...................................................................... 4
C. Membership and attendance................................................................................. 4
D. Agenda................................................................................................................ 5
E. Pre-sessional working group................................................................................. 5
F. Organization of work............................................................................................ 6
G. Future regular meetings......................................................................................... 6
GE.00-43230 (E)
CONTENTS (continued)
Chapter Page
II. REPORTS BY STATES PARTIES UNDER ARTICLE 44 OF
THE CONVENTION................................................................................................... 6
A. Submission of reports........................................................................................... 6
B. Consideration of reports....................................................................................... 8
Concluding observations: Iran (Islamic Republic of).............................................. 8
Concluding observations: Georgia...................................................................... 18
Concluding observations: Jordan........................................................................ 31
Concluding observations: Norway...................................................................... 43
Concluding observations: Kyrgyzstan................................................................. 51
Concluding observations: Cambodia................................................................... 64
Concluding observations: Malta.......................................................................... 75
Concluding observations: Suriname.................................................................... 84
Concluding observations: Djibouti...................................................................... 96
III. OVERVIEW OF OTHER ACTIVITIES OF THE COMMITTEE............................. 107
A. Review of developments relevant to the work of the
Committee........................................................................................................ 107
B. Cooperation with United Nations and other competent bodies........................... 108
C. World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance................................................................. 110
D. Future thematic debate...................................................................................... 111
E. General comments............................................................................................ 111
F. Coordination Panel on Technical Advice and Assistance in
Juvenile Justice................................................................................................. 111
G. Informal visit..................................................................................................... 112
CONTENTS (continued)
Chapter Page
IV. DRAFT PROVISIONAL AGENDA FOR THE TWENTY-FIFTH
SESSION................................................................................................................. 112
V. ADOPTION OF THE REPORT............................................................................... 113
Annexes
I. States which have ratified or acceded to the Convention on the Rights
of the Child as at 2 June 2000.................................................................................... 114
II. Membership of the Committee on the Rights of the Child............................................. 121
III. Status of submission of reports by States parties under article 44 of the
Convention on the Rights of the Child as at 2 June 2000.............................................. 122
IV. List of initial and second periodic reports considered by the Committee
on the Rights of the Child as at 2 June 2000................................................................ 136
V. Provisional list of reports scheduled for consideration at the
Committee's twenty-fifth and twenty-sixth sessions..................................................... 142
VI. Outline for the day of general discussion (22 September 2000) on
"State violence against children".................................................................................. 143
VII. List of documents issued for the twenty-fourth session of the
Committee................................................................................................................. 147
I. ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Convention
1. As at 2 June 2000, the closing date of the twenty-fourth 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.
B. Opening and duration of the session
3. The Committee on the Rights of the Child held its twenty-fourth session at the United Nations Office at Geneva from 15 May to 2 June 2000. The Committee held 26 meetings (587th-615th). An account of the Committee's deliberations at its twenty-third session is contained in the relevant summary records (CRC/C/SR.616-623, 625-630, 633-638 and 641).
C. Membership and attendance
4. All the members of the Committee attended the twenty-fourth session except Marilia Sardenberg. 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. Amina Hamza El Guindi was 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 (UNICEF), Office of the United Nations High Commissioner for Refugees (UNHCR).
6. The following specialized agencies were also represented at the session: International Labour Organization (ILO), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO).
7. Representatives of the following non-governmental organizations were also in attendance at the session:
General consultative status
International Council of Women, International Movement ATD Fourth World,
Zonta International.
Special consultative status
Arab Organization for Human Rights, Coalition against Trafficking in Women, Defence for Children International, International Commission of Jurists, International Confederation of Free Trade Unions, International Confederation of Social Workers, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Organization for the Development of Freedom of Education (OIDEL), International Service for Human Rights, Radda Barnen, World Federation of Methodist and Uniting Church Women, World Organization against Torture.
Others
Cambodian NGO Committee on the Rights of the Child, Mahak (Islamic Republic of Iran), Norwegian NGO Coalition on CRC, Network of Non-governmental Organizations (Kyrgyzstan).
D. Agenda
8. At the 616th meeting, on 15 May 2000, the Committee adopted the following agenda on the basis of the provisional agenda (CRC/C/95):
1. Adoption of the agenda.
2. Organizational matters.
3. Submission of reports by States parties.
4. Consideration of reports by States parties.
5. Cooperation with other United Nations bodies, specialized agencies and other
competent bodies.
6. Methods of work of the Committee.
7. General comments.
8. Future meetings.
9. Other matters.
E. Pre-sessional working group
9. In accordance with a decision of the Committee at its first session, a pre-sessional working group met in Geneva from 31 January-4 February 2000. All the members except Mrs. Sardenberg and Elisabeth Tigerstedt-Tähtelä participated in the working group.
Representatives of UNICEF, OHCHR, UNHCR, ILO and WHO also participated. A representative of the NGO Group for the Convention of the Rights of the Child, as well as representatives from various national and international non-governmental organizations, also attended.
10. 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.
11. Members of the Committee elected Gassan Rabah and Esther Margaret Queen Mokhuane to chair the pre-sessional working group. The latter held nine meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of six countries (Malta, Kyrgyzstan, Georgia, Djibouti, Cambodia and Suriname) and the second periodic reports of two countries (Norway and Jordan). 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 14 April 2000.
F. Organization of work
12. The Committee considered the organization of work at its 616th meeting, on 15 May 2000. The Committee had before it the draft programme of work for the twenty‑fourth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its twenty-third session (CRC/C/94).
G. Future regular meetings
13. The Committee noted that its twenty-fifth session would take place from 18 September to 6 October 2000 and that its pre-sessional working group for the twenty-sixth session would meet from 9-13 October 2000.
II. REPORTS BY STATES PARTIES UNDER ARTICLE 44
OF THE CONVENTION
A. Submission of reports
14. The Committee had before it the following documents:
(a) Notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993, (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51), 1998 (CRC/C/61) and 1999 (CRC/C/78); and on periodic reports of States parties due in 1997 (CRC/C/65), 1998 (CRC/C/70), 1999 (CRC/C/83) and 2000 (CRC/C/93);
(b) Note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/96);
(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.15).
15. The Committee was informed that, in addition to the nine 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-third session (see CRC/C/94, para. 23), the Secretary‑General had received the initial reports of Uzbekistan (CRC/C/41/Add.8), Kenya (CRC/C/3/Add/62), Mauritania (CRC/C/8/Add.42), Cameroon (CRC/C/28/Add.16) and Greece (CRC/C/28/Add.17) and the second periodic reports of Romania (CRC/C/65/Add.19), the Czech Republic (CRC/C/83/Add.4), Italy (CRC/C/70/Add.13), Iceland (CRC/C/83/Add.5) and the Republic of Korea (CRC/C/70/Add.14).
16. A list of initial reports considered by the Committee as of 15 May 2000, as well as a provisional list of initial and second period reports scheduled for consideration at the Committee's twenty-fourth and twenty-fifth sessions, are contained in annexes IV and V respectively.
17. As at 2 June 2000, the Committee had received 146 initial and 37 periodic reports. A total of 127 reports (117 initial and 10 second periodic) have been examined by the Committee (see annex IV).
18. At its twenty-fourth session, the Committee examined initial and periodic reports submitted by nine States parties under article 44 of the Convention. It devoted 18 of its 26 meetings to the consideration of reports (see CRC/C/SR.617‑622, 615-630 and 633-638).
19. The following reports, listed in the order in which they were received by the Secretary‑General, were before the Committee at its twenty-fourth session: Iran (Islamic Republic of) (CRC/C/41/Add.5), Cambodia (CRC/C/11/Add.16), Malta (CRC/C/3/Add.56), Georgia (CRC/C/41/Add.4/Rev.1), Suriname (CRC/C/28/Add.11), Kyrgyzstan (CRC/C/41/Add.6), Djibouti (CRC/C/8/Add.39), Norway (CRC/C/70/Add.2), Jordan (CRC/C/70/Add.4).
20. 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.
21. 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.
B. Consideration of reports
Concluding observations of the Committee on the Rights of the Child
ISLAMIC REPUBLIC OF IRAN
22. The Committee considered the initial report of the Islamic Republic of Iran (CRC/C/41/Add.5) submitted on 9 December 1997 at its 617th and 618th meetings (see CRC/C/SR.617-618), held on 16 May 2000, and adopted the following concluding observations.
A. Introduction
23. The Committee notes that the State party's report (CRC/C/41/Add.5) was prepared according to the Committee's guidelines for reporting. The Committee regrets, however, that the report is essentially legalistic and does not provide a self-critical evaluation of the prevailing situation of the exercise of children's rights in the country. Moreover, the Committee notes that the rights of the child are seen through a paternalistic lens; the child is not seen as an active subject of human rights. There are significant gaps in information relating to general measures of implementation, general principles, particularly non-discrimination and the best interests of the child, civil rights and freedoms and special protection measures. The Committee welcomes the responses to the list of issues which partially remedied these gaps.
B. Positive aspects
24. The Committee welcomes the State party's progress in achieving most of the goals for the year 2000 laid down in the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s.
25. The Committee notes that article 30 of the Constitution provides free education for all citizens up to secondary school, and that over 90 per cent of children 6-10 years enjoy access to primary education.
26. The Committee notes that the State party hosts the largest refugee population in the world, around 2.1 million people, including a large percentage of children, and has provided assistance, generally with speed and effectiveness and with only limited help from the international community.
C. Factors and difficulties impeding the implementation of the Convention
27. Noting the universal values of equality and tolerance inherent in Islam, and concurring with the Human Rights Committee and the Committee on Economic, Social and Cultural Rights, the Committee observes that narrow interpretations of Islamic texts by State authorities are impeding the enjoyment of many human rights protected under the Convention.
D. Principal subjects of concern and recommendations
1. General measures of implementation
Legislation
28. Noting information from the State party that a governmental working group has been established to study the compatibility of existing laws with the Convention, the Committee is nevertheless concerned that the broad and imprecise nature of the State party's general reservation potentially negates many of the Convention's provisions and raises concern as to its compatibility with the object and purpose of the Convention.
29. The Committee recommends that the State party expedite this study and use the findings to review the general nature of its reservation with a view to narrowing, and in the long-term withdrawing in accordance with the Vienna Declaration and Programme of Action.
Coordination
30. The Committee is concerned that the lack of administrative coordination and cooperation at the national and local levels of government is a major problem in the implementation of the Convention.
31. The Committee recommends to the State party to: adopt a comprehensive national plan of action to implement the Convention; allocate the necessary resources, both human and financial; develop professional capacity; and give attention to intersectoral coordination and cooperation at and between national and local levels of government. The State party is encouraged to provide adequate support to local authorities for implementation of the Convention. The Committee recommends that the State party seek assistance from UNICEF and OHCHR, among others.
Independent/monitoring structures
32. The Committee emphasizes the importance of setting up an independent mechanism with the mandate regularly to monitor and evaluate progress in the implementation of the Convention at the national and local levels.
33. The Committee encourages the State party to establish a statutory, independent institution, adequately staffed and resourced, with the mandate regularly to monitor and evaluate progress in the implementation of the Convention and empowered to receive and address complaints of violations of children's rights. The Committee recommends that the State party seek assistance from UNICEF and OHCHR, among others.
Allocation of budgetary resources
34. Noting the State party's efforts to implement various child-oriented programmes, the Committee nevertheless expressed its concern that insufficient attention has been paid to article 4 of the Convention regarding the implementation to the "maximum extent of … available resources" of the economic, social and cultural rights of children.
35. The Committee recommends that the State party develop ways to establish a systematic assessment of the impact of budgetary allocations on the implementation of children's rights and collect and disseminate information in this regard. The Committee recommends that the State party ensure the adequate distribution of resources at the national and local levels, where needed within the framework of international cooperation.
Cooperation with NGOs
36. The Committee notes that cooperation with non-governmental organizations in the implementation of the Convention, including preparation of the report, remains limited.
37. The Committee encourages the State party to consider a systematic approach to involving NGOs, and civil society in general, in all stages of the implementation of the Convention, including policy-making.
Training/dissemination of the Convention
38. Although the Convention is binding and has the force of law, according to article 9 of the Civil Code and article 77 of the Constitution, the Committee is concerned that is has not been invoked in the courts because of insufficient awareness of the Convention amongst the judiciary, lawyers and the general public, including children, despite efforts by the State party to inform children of their rights. In this regard, the Committee is concerned that the State party is not undertaking adequate dissemination and awareness-raising activities in a systematic and targeted manner.
39. The Committee recommends that the State party develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents, civil society and all sectors and levels of government. The Committee encourages the State party to pursue efforts to promote children's rights education in the country, including initiatives to reach the most vulnerable groups. Moreover, the Committee recommends that the State party strengthen its efforts and develop systematic and ongoing training programmes on the provisions of the Convention for all professional groups working with children (e.g. judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers). The Committee encourages the State party to seek assistance from OHCHR and UNICEF, among others, in this regard.
2. Definition of the child
40. The Committee notes information that the State party is making efforts to study the age of maturity of females. Nevertheless, the Committee is concerned that the definition of the child, under Note 1 of article 1212 of the Civil Code and Note 1 of article 49 of the Islamic Penal Law, which provide for the attainment of majority at predefined ages of puberty, result in arbitrary and disparate application of laws and discriminate between girls and boys with respect to legal capacity (including minimum age for marriage), civil liability and age of criminal responsibility.
41. The Committee recommends that the State party review its legislation so that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention, and in particular that they are gender neutral, and ensure that they are enforced.
3. General principles
Non-discrimination
42. The Committee is concerned at the persistence of discrimination under the law. In particular:
(a) The Committee finds that discrimination against girls and children born out of wedlock under the Civil and Penal Codes is incompatible with article 2. Moreover, the Committee is concerned that discriminatory social attitudes towards the education of girls, primarily in rural areas, result in low school enrolments and high drop-out rates, and in early and forced marriages;
(b) The Committee finds that infringement of a child's rights under the Convention as a result of indirect discrimination, or discrimination against his or her mother, under the Civil Code (e.g. in relation to custody, guardianship and nationality) is incompatible with article 2. The Committee expresses its concern at the persistence of stereotypical attitudes about the roles and responsibilities of women and men.
43. Concurring with the findings of the Human Rights Committee (CCPR/C/79/Add.25) and the Committee on Economic, Cultural and Social Rights (E/C.12/1993/7), and in accordance with article 2 of the Convention, the Committee recommends that the State party take effective measures to prevent and eliminate discrimination on the grounds of sex and birth in all fields of civil, economic, political, social and cultural life. The Committee recommends that the State party make every effort to enact or rescind, where necessary, civil and criminal legislation to prohibit any such discrimination. In this regard, the Committee encourages the State party to consider the practices of other States that have been successful in reconciling fundamental rights with Islamic texts. The Committee recommends that the State party take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family. Religious leaders should be mobilized to support such efforts.
44. As noted by the Committee on the Elimination of Racial Discrimination (A/54/18, paras. 294-313), the Committee is concerned at the large disparities in the enjoyment of rights in provinces inhabited largely by persons belonging to ethnic minorities, especially in Sistan and Baluchestan, Lorestan, West Azarbaijan, Ardabil and Hormozgan.
45. The Committee recommends that the State party take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee recommends that the State party prioritize and target social services for children belonging to the most vulnerable groups.
Best interests of the child
46. The Committee is concerned that in all actions concerning children, the general principle of the best interests of the child contained in article 3 of the Convention is not a primary consideration, including in matters relating to family law (e.g. duration of custody under articles 1169 and 1170 of the Civil Law is arbitrary as it is determined by the child's age, and is discriminatory against the mother).
47. The Committee recommends that the State party review its legislation and administrative measures to ensure that article 3 of the Convention is duly reflected therein.
Right to life
48. The Committee is seriously concerned that respect for the inherent right to life of a person under 18 is not guaranteed under the law, particularly in light of article 220 of the Penal Law which provides that a man who kills his own child or his son's child is subject only to discretionary punishment and the payment of blood money.
49. The Committee recommends that the State party take all necessary measures to ensure that there is no discriminatory treatment for such crimes, and ensure prompt and thorough investigations and prosecutions.
50. In light of articles 6 and 37 (a) of the Convention, the Committee is seriously disturbed at the applicability of the death penalty for crimes committed by persons under 18 and emphasizes that such a penalty is incompatible with the Convention.
51. The Committee strongly recommends that the State party take immediate steps to halt and abolish by law the imposition of the death penalty for crimes committed by persons under 18.
Respect for the views of the child
52. The Committee welcomes the initiation of the "school mayor" programme, but is nevertheless concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, the courts, and especially within the family. The Committee is concerned that the child's views may only be represented in judicial proceedings affecting him or her through the father, paternal grandfather or other appointed guardian and not directly by the child. The Committee is of the opinion that article 1041 of the Civil Code providing that the marriage of a minor is valid if the father or legal guardian has given his consent, notwithstanding the views of the child, is incompatible with the Convention.
53. The Committee encourages the State party to promote and facilitate within the family, the school, the courts and administrative bodies respect for the views of children and their participation in all matters affecting them in accordance with article 12 of the Convention. In this regard, the Committee recommends that the State party develop skills‑training programmes in community settings for teachers, social workers and local officials to enable them to assist children to express their informed decisions and take these views into consideration. The Committee recommends that the State party take all necessary measures to halt early and forced marriages, including public education campaigns, particularly in rural areas. The Committee recommends that the State party seek assistance from UNICEF, among others.
4. Civil rights and freedoms
Freedom of expression and assembly
54. The Committee is concerned that although the freedoms of expression and assembly are formally recognized in the Constitution, the exercise of these rights by children are restricted by vaguely worded limitation clauses (i.e. "in accordance with Islamic criteria"), which potentially exceed the permitted restrictions set out in paragraph 2 of articles 13 and 15 of the Convention. The Committee is concerned at reports of incidents of threats and violence by vigilante groups, such as Ansari-Hezbollah, directed at persons seeking to service or to promote the exercise of these rights.
55. The Committee recommends that the State party establish clear criteria to assess whether a given action or expression is in accordance with interpretations of Islamic texts, and consider appropriate and proportionate means to protect public morals while safeguarding the right of every child to freedom or expression and assembly.
Freedom of thought, conscience and religion
56. The Committee emphasizes that the human rights of children cannot be realized independently from the human rights of their parents, or in isolation from society at large. In light of article 14 of the Convention, the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (General Assembly resolution 36/55), Commission on Human Rights resolution 2000/33, the Human Rights Committee's General Comment 22, and concurring with the findings of the Human Rights Committee (CCPR/C/79/Add.25) and the Committee on Economic, Social and Cultural Rights (E/C.12/1993/7), the Committee is concerned at the restrictions on the freedom of religion, and that restrictions on the freedom to manifest one's religion do not comply with the requirements outlined in article 14, paragraph 3. The Committee is especially concerned at the situation of
members of non-recognized religions, including the Baha'is, who experience discrimination in areas of, inter alia, education, employment, travel, housing and the enjoyment of cultural activities.
57. The Committee recommends that the State party take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life. The Committee recommends that the State party make every effort to enact or rescind, where necessary, legislation to prohibit any such discrimination, and take all appropriate measures, including public education campaigns, to combat intolerance on the grounds of religion or other belief. The Committee endorses the recommendations made by the Special Rapporteur on the question of religious intolerance following his visit to the State party (E/CN.4/1996/95/Add.2) and recommends that the State party implement them fully.
Protection from torture, inhuman or degrading treatment or punishment
58. In light of article 37 (a) of the Convention, the Committee is seriously concerned that persons who committed crimes while under 18 can be subjected to corporal punishment under Note 2 of article 49 of the Islamic Penal Law, or can be subjected to a variety of types of cruel, inhuman or degrading treatment and punishment such as amputation, flogging and stoning, which are systematically imposed by judicial authorities. Concurring with the Human Rights Committee (CCPR/C/79/Add.25), the Committee finds that application of such measures is incompatible with the Convention.
59. The Committee recommends that the State party take all necessary steps to end the imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law and the imposition of amputation, flogging, stoning and other forms of cruel, inhuman or degrading treatment and punishment to persons who may have committed crimes while under 18.
5. Family environment and alternative care
Violence/abuse/neglect/maltreatment
60. In light of articles 19 and 39 of the Convention, the Committee is concerned that legislation provides for corporal punishment within the family, under Note 2 of article 49 and article 59 of the Islamic Penal Law and article 1179 of the Civil Code.
61. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence against children, including corporal punishment and sexual abuse, in the family and in the schools. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal
punishment, especially in the home and the schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened. Moreover, adequate procedures and mechanisms need to be established to: receive complaints; monitor, investigate and prosecute instances of ill‑treatment; and ensure that the abused child is not victimized in legal proceedings. The Committee recommends the training of teachers, law enforcement officials, care workers, judges and health professionals in identifying, reporting and managing cases of ill-treatment. Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance. The Committee recommends that the State party seek assistance from UNICEF and WHO, among others.
6. Basic health and welfare
Children with disabilities
62. While there are support mechanisms for the care of children with disabilities, the Committee is concerned that inadequate efforts have been made to include such children in mainstream society.
63. The Committee recommends that the State party review existing policies and practices in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee's recommendations adopted on its day of general discussion on children with disabilities (CRC/C/69), and ensure that they enjoy all the rights contained in the Convention. The Committee encourages the State party to make greater efforts to promote community-based rehabilitation programmes and inclusive education. The Committee encourages the State party to undertake greater efforts to make the necessary resources available, and to seek assistance from UNICEF, WHO and relevant NGOs, among others.
Right to health and health care
64. Noting the significant achievements made in the area of child health, the Committee is however concerned at the insufficient information available in relation to adolescent health, including on reproductive health services, STD and HIV/AIDS prevention programmes, counselling services and substance abuse.
65. The Committee recommends that the State party undertake a comprehensive study to determine the nature and extent of adolescent health problems, with the full participation of adolescents, and use this as a basis to formulate adolescent health policies and programmes. In light of article 24, the Committee recommends that adolescents have access to and be provided with reproductive health education and child-friendly counselling and rehabilitation services. The Committee recommends that the State party seek assistance from UNICEF and WHO, among others.
Right to an adequate standard of living
66. The Committee is concerned about large numbers of children living and/or working on the streets, particularly in urban centres such as Tehran and Isfahan, who are amongst the most marginalized groups of children in Iran.
67. The Committee recommends that the State party establish mechanisms to ensure that these children are provided with identity documents, food, clothing and housing. Moreover, the State party should ensure that these children have access to health care; rehabilitation services for physical, sexual, and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid. The Committee recommends that the State party seek assistance from UNICEF, among others.
7. Education, leisure and cultural activities
Aims of education
68. Noting significant efforts by the State party to improve education coverage, the Committee is concerned that the aims of education as presented in paragraphs 150-152 of the report do not adequately reflect the aims outlined in article 29 of the Convention, particularly in regard to the development and respect for human rights, tolerance, and equality of the sexes and religious and ethnic minorities.
69. The Committee recommends that the State party take due regard of the aims of education laid down in article 29 and consider introducing human rights, including the Convention on the Rights of the Child, into the school curricula, including at the primary school level. The Committee encourages the State party to seek assistance from UNICEF, UNESCO and relevant NGOs, among others.
8. Special measures of protection
Unaccompanied, asylum-seeking and refugee children
70. The Committee is concerned that many refugee children remain unregistered, which limits their ability to fully utilize social services, including schools.
71. The Committee recommends that the State party: ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; set up a central system of registration and monitoring of refugees in order to provide accurate statistics, and clarify the status of refugees; adopt special measures to deal with unaccompanied children; entertain requests for family reunification in view of its impact of the possibility of resettlement in third countries of asylum; and review discriminatory employment policies (i.e. issuance of work permits) which affect the capacity of refugee families, particularly Afghan refugees, to support themselves. The Committee encourages the State party to continue and expand its cooperation with international agencies, including UNHCR and UNICEF.
Economic exploitation
72. The Committee is concerned at the large numbers of children involved in child labour, especially in the informal sector, such as household enterprises and agriculture, many of whom are working in hazardous conditions.
73. The Committee recommends that the State party raise the age for the end of compulsory education to the minimum age of admission to employment as set out under article 79 of the Labour Act. Employers should be required to have and produce on demand proof of age of all children working on their premises, and the State party should vigorously pursue enforcement of minimum-age standards. In light of the State party's assertion that child labour legislation is in conformity with ILO standards (CRC/C/41/Add.5, para. 4), the Committee encourages the State party to ratify the ILO Conventions concerning child labour, including the Convention concerning the Minimum Age for Admission to Employment (No. 138), and the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee recommends that the State party seek assistance from ILO, among others.
Administration of juvenile justice
74. The Committee is concerned that persons under 18 may be prosecuted for crimes in the same manner as adults, without special procedures; are potentially liable for the same penalties as adults; may be subject to deprivation of liberty without due process under article 49 of the Islamic Penal Law; and, apart from facilities in some large cities, may be held in detention with adults. Furthermore, the Committee is concerned that the right of juvenile delinquents to protective and rehabilitative measures is not guaranteed.
75. The Committee recommends that the State party establish a system of juvenile justice, fully integrating into its legislation and practice the provisions of the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System. Particular attention should be paid to ensure that deprivation of liberty is only used as a measure of last resort, children have access to legal aid, and that children are not detained with adults. Facilities and programmes for the physical and psychological recovery and social reintegration of juveniles should be developed. The Committee recommends that the State party seek assistance from OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice, and UNICEF through the Coordination Panel on Juvenile Justice, among others.
9. Dissemination of the reports
76. Finally, the Committee recommends that in accordance with article 44, paragraph 6, of the Convention, the initial report presented by the State party be made widely available to the public at large and that consideration be given to the publication of the report along with the written answers to the list of issues raised by the Committee, the relevant summary records of the discussion and the concluding observations adopted thereon by the Committee following its consideration of the report. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned NGOs.
Concluding observations of the Committee on the Rights of the Child
GEORGIA
77. The Committee considered the initial report of Georgia (CRC/C/41/Add.4/Rev.1) submitted on 21 January 1998, at its 619th to 620th meetings (see CRC/C/SR.619-620), held on 17 May 2000, and adopted the following concluding observations:
A. Introduction
78. The Committee welcomes the submission of the State party's initial report which followed the established guidelines. The Committee welcomes the written replies to its list of issues (CRC/C/Q/GEO/1) which allowed for a clearer understanding of the situation of children in the State party. 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.
79. 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.
B. Positive aspects
80. The Committee notes the efforts of the State party in the area of legal reform. In particular, it notes the adoption of a new Constitution (1995) which guarantees universally recognized rights and freedoms. The Committee also notes the enactment of the National Ombudsman Act (1995), the Education Act (1997), the Adoption Act (1997), the Criminal Procedures Code (1997), the Civil Procedural Code (1997), the Law on the Protection and Encouragement of the Natural Feeding of Children (1999) and the Criminal Code (1999). In this context, the Committee welcomes the establishment of the Parliamentary Subcommittee on Mother and Child Affairs to participate in the preparation of draft laws relevant to children. It is noted that the Subcommittee has devoted considerable attention to the situation of children in pre-schools, children's homes and special boarding schools for children.
81. The Committee welcomes the establishment of the Office of the Public Defender (1996) to examine complaints of violations of human rights and notes that it includes a Commissioner for the Rights of Women and Children.
82. The Committee welcomes the ratification by the State party of the six main international human rights instruments as well as its accession to the Council of Europe and its subsequent ratification of the Convention on the Protection of Human Rights and Fundamental Freedoms.
83. The Committee expresses satisfaction that the State party, with the support of the Office of the High Commissioner for Human Rights and UNICEF, has translated the Convention on the Rights of the Child, the Universal Declaration of Human Rights and other human rights instruments into the Georgian and Abkhaz languages.
84. The Committee welcomes the election of the Youth Parliament of Georgia (April 2000) which is mandated to consider relevant youth issues and prepare recommendations in this regard to the National Parliament of Georgia. The Committee notes that 50 per cent of the Youth Parliament's 166 members are between the ages of 14 and 18.
C. Factors and difficulties impeding the implementation of the Convention
85. 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 high levels of unemployment and poverty. The Committee further notes that the civil and political unrest which emerged soon after the State party declared its independence in 1991 has slowed the period of transition and prevented the implementation of adequate programmes and services for children, especially those in conflict zones.
D. Subjects of concern and recommendations
1. General measures of implementation
Legislation
86. While the Committee notes the recent efforts by the State party to enact additional legislation and to undertake a review of its legislation to ensure greater consistency with the Convention, it is concerned that domestic legislation still does not fully reflect the principles and provisions of the Convention.
87. The Committee recommends that the State party reinforce its efforts to ensure that its laws conform fully with the principles and provisions of the Convention, and in this regard encourages the prompt submission of the recommendations of the review of legislation to Parliament with a view to their early implementation. The State party is further encouraged to consider the possibility of enacting a comprehensive code for children.
Coordination
88. The Committee notes with concern the lack of an effective mechanism to facilitate the coordination and systematic implementation of the Convention and to monitor the progress achieved in this regard. While the Committee notes the efforts of the State party to foster closer relations and cooperation with NGOs involved in the implementation of children's programmes, it is concerned that insufficient efforts have been made to include civil society in the coordination and implementation of the Convention. The Committee notes the State party's intention to prepare a national plan of action for children.
89. The Committee recommends that the State party adopt a comprehensive national plan of action to implement the Convention, allocate resources, both human and financial, develop capacity, and give attention to intersectoral coordination and cooperation at and between national and local levels of government. The State party is encouraged to provide adequate support to local authorities for the implementation of the Convention.
Data collection
90. The Committee is concerned that the current data collection mechanism is insufficient to afford the systematic and comprehensive collection of disaggregated quantitative and qualitative data for all areas covered by the Convention in relation to all categories of children in order to monitor and evaluate progress achieved and assess the impact of policies adopted with respect to children.
91. The Committee recommends that the State party reinforce its efforts to introduce a comprehensive system of data collection 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 children living in the mountainous regions; children with disabilities; children living in poverty; children in conflict with the law; children of single‑parent families; child victims of abuse, including sexual abuse; children living and/or working on the streets; internally displaced children; and children affected by armed conflicts, especially those in South Ossetia and Abhkazia, particularly in the Gali district. The Committee takes note of the State party's request for technical assistance in this regard and encourages it to follow up with, among others, the United Nations Population Fund (UNFPA) and UNICEF.
Independent monitoring structures
92. While the Committee notes the establishment of the Office of the Public Human Rights Defender to examine complaints of violation of human rights, it is concerned that insufficient efforts have been made to ensure that this complaint mechanism is easily accessible and available to children whose rights have been violated. Concern is also expressed that the post of Public Defender has remained vacant for several months and that insufficient resources have been allocated for the effective functioning of the Office of the Public Defender.
93. The Committee suggests that the State party take all appropriate measures to ensure that its independent complaints mechanisms are easily accessible to and user‑friendly for all children so that it may deal with complaints of violations of their rights and provide remedies for such violations. In this regard, the Committee suggests that the State party introduce an awareness-raising campaign to facilitate the effective use by children of such a mechanism. Further, the Committee recommends that the State party
allocate adequate financial and human resources to ensure the effective functioning of the Office of the Public Defender in all regions of the country. The State party is encouraged to consider the early appointment of regional representatives in this regard.
Allocation of budgetary resources
94. While the Committee notes that the civil and political unrest, the economic crisis and the structural adjustment programme have had adverse effects on social investment, it is concerned that in 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". Concern is also expressed at the widespread practices of tax evasion and corruption which are believed to have an effect on the level of resources available for the implementation of the Convention.
95. In 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. The Committee recommends that the State party undertake all appropriate measures to improve its system of tax collection and reinforce its efforts to eradicate corruption.
Dissemination of the principles and provisions of the Convention
96. The Committee notes that the Convention has been translated into the Georgian and Abkhaz languages and that human rights, including the rights of the child, have been included in the school curricula in Tbilisi. The Committee remains concerned, however, that insufficient efforts have been made to promote awareness of the principles and provisions of the Convention and 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.
97. The Committee recommends that greater efforts be made to ensure that the provisions of the Convention are widely known and understood by adults and children alike. The Committee further recommends the reinforcement of adequate and systematic training and/or sensitization of professional groups working with and for children, such as judges, lawyers, law enforcement personnel, teachers and school administrators, especially outside of the capital; health personnel, including psychologists, and social workers; and personnel of childcare institutions. It further suggests that the State party seek to ensure that the Convention is fully integrated into the curricula in all regions of the State party and at all levels of the educational system. In this regard, the Committee encourages the State party to continue its technical cooperation programmes with OHCHR and UNICEF, among others.
2. Definition of the child
98. The Committee notes with concern that the law does not include legal minimum ages for sexual consent and medical treatment without parental consent.
99. It is recommended that the State party enact relevant legislation concerning the minimum legal ages for sexual consent and medical treatment without parental consent.
3. General principles
Non-discrimination
100. The Committee notes with concern that the principle of non-discrimination is not adequately implemented with respect to certain vulnerable groups of children, including children living in conflict areas, children living in institutions, children living in the mountainous regions, children with disabilities, children of single parent families, children of poor families, children in conflict with the law, children living and/or working on the streets, refugee children and internally displaced children. The Committee is particularly concerned about their limited access to adequate health, education and other social services.
101. The Committee recommends that the State party increase its efforts to ensure implementation of existing laws guaranteeing the principle of non‑discrimination and their full compliance with article 2 of the Convention, particularly as it relates to the vulnerable groups.
Best interests of the child
102. The Committee is concerned that the general principle of the best interests of the child has not been taken fully into account in the State party's legislative, administrative and judicial decisions, as well as in policies and programmes relevant to children.
103. The Committee recommends that the State party take all appropriate measures to ensure that the general principle of the best interests of the child is appropriately integrated in all legal provisions as well as in judicial and administrative decisions and in projects, programmes and services which have an impact on children.
Respect for the views of the child
104. The Committee notes the efforts of the State party to encourage respect for the views of the child in court and administrative proceedings as well as within the school environment through, inter alia, the establishment of school councils where students are represented and allowed to promote the views of their peers. It is concerned, however, that the views of children are still not adequately respected within the family and in society generally.
105. The Committee recommends that the State party develop a systematic approach to increasing public awareness of the participatory rights of children and encourage respect for the views of the child within the family, communities, and care and other institutions.
4. Civil rights and freedoms
Freedom of association
106. The Committee notes with concern that the law prohibits youth from becoming members of political parties and that this prohibition limits the opportunity for youth to learn about the political process, delays their preparation for political leadership, and denies their full right to freedom of association.
107. In light of article 15 of the Convention, the Committee recommends that the State party amend its legislation to ensure that youth are allowed to join political parties and that they fully enjoy their right to freedom of association.
Access to appropriate information
108. The Committee notes with concern that despite existing prohibitions, including the enactment of legislation banning abuse of the naivety and inexperience of minors in advertising, children are still not adequately protected from harmful information, including violence and pornography.
109. In light of article 17 of the Convention, the Committee recommends that the State party strengthen its efforts to protect children from harmful information.
5. Family environment and alternative care
Protection of children deprived of a family environment
110. While the Committee welcomes the State party's programme of deinstitutionalization, it is concerned about the still high number of institutionalized children and the poor standard of living and quality of care in institutions.
111. The Committee recommends that the State party establish a code of standards to ensure that children deprived of a family environment receive adequate care and protection. The Committee recommends that the State party reinforce its efforts to provide additional training, including in children's rights, for the staff of institutions; ensure the periodic review of placements in institutions; and establish an independent complaint mechanism for children in alternative care institutions. The Committee encourages the State party to introduce measures to guarantee and protect the human dignity of children living in institutions and to make these institutions more child friendly. The State party is also encouraged to increase the level of resources allocated for the protection and care of children deprived of a family environment. Finally, the Committee recommends that the State party increase its efforts to prevent institutionalization and pay special attention in that regard to vulnerable families by, for example, providing them with adequate support services.
Foster care
112. While the Committee notes that the State party has recently adopted a new law on foster care, it remains concerned that insufficient resources impede the effective implementation of this new law. Concern is also expressed at the unregulated nature of the practice of kinship fostering.
113. The Committee recommends that the State party provide adequate resources, both financial and human, for effective implementation of the new law on foster care; introduce programmes to raise awareness and promote foster care; and undertake measures to regulate kinship fostering in order to ensure that the best interests of the children concerned are taken into account.
Adoption
114. The Committee notes with concern that both domestic and intercountry adoptions are inadequately monitored. While the Committee notes the State party's concerns regarding adoptions and the need to keep the identity of genetic parents confidential, it is deeply concerned that the law on adoption provides that the date and place of birth of an adopted child may be changed at the request of the adoptive parents.
115. In 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. With reference to articles 3 and 7 of the Convention the Committee recommends that the State party consider amending its legislation to ensure that information about the date and place of birth of adopted children and their genetic parents are preserved and, where possible, made available to these children upon request and when in their best interests. Additionally, the Committee further encourages the State party to consider the possibility of acceding to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption of 1993.
Abuse/neglect/maltreatment/violence
116. The Committee notes with appreciation that a department for the protection of the rights of children has been established within the Ministry of Education to monitor and prevent abuse and neglect of children and that a research project was conducted in 1997 to ascertain the real situation of abuse of children within schools, the family and in society generally. The Committee welcomes the appointment of inspectorates for the affairs of minors that are mandated to monitor the situation of abuse within families, as well as the establishment of a crisis centre which includes rehabilitation programmes for street children and women victims of domestic violence. However, the Committee remains concerned at the high and increasing incidence of abuse of children, including sexual abuse, neglect, abandonment and domestic violence. The Committee also expresses concern at the lack of awareness and information on domestic violence, ill‑treatment and abuse (physical, sexual and psychological) of children and the insufficient financial and human resources allocated, as well as at the inadequacy of the programmes established to prevent and combat all forms of abuse of children. While the Committee notes that a State programme for the protection, development and social adaption of minors has been established, it is concerned that funding allocated for its implementation is insufficient.
117. In light of article 19, the Committee recommends that the State party undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) with a view to adopting adequate policy measures and to changing traditional attitudes. The Committee recommends that all appropriate measures be taken to introduce mandatory reporting of abuse, including sexual abuse of children. It also recommends that cases of domestic violence, ill-treatment and abuse of children be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, including treatment, with due regard given to protecting the right to privacy of the child. Additional measures should also be taken to ensure the physical and psychological recovery and social reintegration of child victims in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims. The Committee recommends that the State party take all appropriate measures to discourage the neglect and abandonment of children. The State party is encouraged to allocate funds to implement the State programme for the protection, development and social adaptation of minors. The Committee recommends that the State party seek technical assistance from UNICEF, among others.
Corporal punishment
118. While the Committee notes that corporal punishment in schools is prohibited by law and that there is an intention also to prohibit its use within the family, it is concerned that this type of punishment continues to be used in schools, families and care institutions.
119. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, the schools and care institutions. The Committee further recommends that the State party, through, for example, public awareness campaigns, promote positive, non‑violent forms of discipline as an alternative to corporal punishment, especially in families, the schools and care institutions.
6. Basic health and welfare
Right to health and access to health services
120. The Committee notes with appreciation the elaboration of a National Health Policy to the year 2010 with the support of WHO and the World Bank, which includes the enhancement of the health of mothers and children as one of its priorities. However, the Committee is concerned about the health situation of children which continues to be affected by the poor economic situation within the State party. In particular, it notes the limited access to and quality of health services, particularly among children living in conflict zones as well as in the mountainous regions; the increasing cost of basic health care of which the State party covers only 15‑20 per cent; the inadequate allocation of funding for health; the high maternal, child and infant mortality rates; the increasing malnutrition rate; and the deteriorating situation of sanitation and safe drinking water supplies. While the Committee notes that the State party is receiving technical assistance for the immunization campaign, it is concerned that vaccines continue to be unavailable and that negative social attitudes towards vaccinations have resulted in a resurgence of preventable diseases such as diphtheria.
121. The Committee recommends that the State party allocate appropriate resources for the implementation of the National Health Policy and, where appropriate, develop additional policies and programmes to improve the health situation of children, especially those living in mountainous regions and conflict zones; facilitate greater access to and quality of primary health services; ensure the availability of vaccines; 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 continue its cooperation with respect to the Integrated Management of Childhood Illnesses initiative.
Adolescent health
122. The Committee expresses its concern with respect to the limited availability of programmes and services and the lack of adequate disaggregated data in the area of adolescent health, including teenage pregnancy, abortion, HIV/AIDS and STDs, alcohol, drug and substance abuse, including tobacco use, violence, and mental health.
123. The Committee recommends that the State party increase its efforts in promoting adolescent health policies and child-friendly counselling services as well as strengthening reproductive health education, including the promotion of acceptance by men of the use of contraceptives. The Committee suggests that a comprehensive and multidisciplinary study be undertaken to ascertain the scope of adolescent health problems, including the special situation of children infected with, affected by or vulnerable to HIV/AIDS and STDs. Additionally, it is recommended that the State party take further measures, including the allocation of adequate human and financial resources, to increase the number of social workers and psychologists, and to develop youth-friendly care and rehabilitation facilities for adolescents. It is further recommended that the State party seek technical assistance from UNICEF and WHO, among others.
Children with disabilities
124. The Committee welcomes the 1997-2000 State programme for social protection and rehabilitation of children with disabilities as well as the survey undertaken in this regard. The Committee remains concerned, however, about the absence of protection and the lack of adequate facilities, coordination and services for children with disabilities. The Committee is also concerned that insufficient efforts have been made to facilitate the inclusion of children with disabilities in the regular school system and in society generally.
125. In 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, where possible, encourage their inclusion in the regular school system and in society generally. The Committee recommends that the State party take all appropriate measures to ensure that adequate resources are allocated for the effective implementation of programmes and services for children with disabilities, as well as their families. Further, the Committee recommends that the State party undertake an awareness-raising campaign to sensitize the public about the rights and special needs of children with disabilities, including children with mental health concerns. The Committee further recommends that the State party seek technical cooperation for the training of professional staff working with and for children with disabilities from WHO, among others.
Right to an adequate standard of living
126. The Committee notes with concern the large percentage of the population living below the poverty line (approximately 43 per cent and mainly in urban centres) and the inability of the social security system to improve the situation of the growing number of poor families.
127. In accordance with article 27 of the Convention, the Committee recommends that the State party increase its efforts to provide material assistance and support to economically disadvantaged families and guarantee the right of children to an adequate standard of living. In this context, the State party is encouraged to promote programmes to discourage and prevent child begging. The Committee encourages the State party to proceed with the programme, in cooperation with the World Bank, to eradicate poverty, especially among children.
7. Education, leisure and cultural activities
Right to and aims of education
128. While the Committee notes that the Constitution provides for the right to education and that the 1997 Education Act was adopted with a view to improving the situation of education in the State party, it remains concerned at the situation of education, particularly of children in conflict zones and the mountainous regions. In this connection, the Committee expresses concern at the impact of the economic situation on the educational system as well as the decline in enrolment and attendance rates, particularly at the secondary level; the poor infrastructure, including inadequate heating, classrooms and other facilities for instruction; the limited availability of learning materials; insufficient resources, both human and financial; and inadequate instruction in local languages. The Committee also notes with concern that the current economic conditions in the State party and the increasing cost of child care services have led to a significant decline in the enrolment of children in pre-school.
129. The Committee recommends that the State party take all appropriate measures, including the allocation of adequate financial, human and technical resources, to improve the situation of education and ensure that all children enjoy the right to education. The Committee further recommends that the State party seek to implement additional measures to encourage children to stay in school, particularly during the period of compulsory education, and to facilitate pre-school education. The Committee encourages the State party to take all appropriate measures to improve the quality of teaching, to develop child-friendly schools, and to facilitate the introduction of traditional languages into the school curricula. It is recommended that the State party seek to strengthen its educational system through closer cooperation with UNICEF and UNESCO.
8. Special protection measures
Refugee, asylum-seeking and internally displaced children
130. The Committee notes that despite limited resources, Georgia has received some 5,000 Chechnyians, mainly women, children and elderly people. The Committee notes that the State party has enacted the Refugees Act; however, it is concerned that insufficient efforts have been made to establish a special refugee status determination procedure for unaccompanied minors. Concern is also expressed at the absence of specific regulations regarding family reunification.
131. The Committee recommends that the State party take all appropriate measures to protect the rights of refugee, asylum-seeking and unaccompanied children and facilitate their access to adequate housing, education, health and other social services. In this regard, the State party should consider the adoption of legislation on asylum‑seekers. Additionally, it is recommended that the State party take measures to facilitate family reunification and to establish an efficient refugee status determination procedure for unaccompanied minors. The Committee further recommends that the State party undertake a study on refugee, asylum--seeking and unaccompanied children to ascertain the extent to which they are victims of torture or other cruel, inhuman or degrading treatment and punishment; economic exploitation, including forced labour; commercial sexual exploitation; sale, trafficking and abduction; and abandonment, abuse and neglect.
Internally displaced children
132. The Committee notes the adoption of the Forcibly Displaced Persons-Exiles Act and the State party's efforts, in cooperation with UNHCR, to provide humanitarian assistance to internally displaced persons, including free health care and education for children. However, the Committee remains concerned about their situation.
133. The Committee recommends that the State party implement the "New Approach" to internal displacement, which is to improve the current conditions of internally displaced persons while continuing to support their right to return voluntarily to their homes in safety and dignity, as developed by UNDP, UNHCR, the World Bank and the Office for the Coordination of Humanitarian Affairs (OCHA) and endorsed by the State party.
Children in armed conflict
134. The Committee is concerned that insufficient efforts have been made to guarantee and protect the rights of children living in conflict areas, including in South Ossetia and Abkhazia (especially in the Gali district). The Committee expresses grave concern at the significant number of landmines still in the State party, especially in the western regions along the border zones. The Committee notes with concern the insufficient efforts made by the State party to locate and clear these landmines and to protect children in this regard. Concern is also expressed about the inadequate programmes to facilitate the care and rehabilitation of child victims of landmines and the insufficient efforts to raise awareness and to prevent accidents involving children and landmines.
135. In light of articles 38 and 39 of the Convention, the Committee recommends that the State party take all appropriate measures to ensure the protection and care of children affected by armed conflict, including their physical and psychological recovery and social reintegration. The Committee strongly recommends that the State party take all appropriate measures to locate and clear the landmines in its territory, and promote awareness about the potential dangers. The State party is recommended to undertake a study to determine the impact of landmines in its territory, particularly as this affects children living in the western regions along the border. The Committee recommends that the State party reinforce its efforts to accede to the Convention on the Prohibition of the Use, Production, Transfer and Stockpiling of Anti-Personnel Landmines and on Their Destruction, which it signed in December 1997. Additionally, the State party is encouraged to seek technical cooperation with the United Nations Mine Action Service (UNMAS), among others.
Economic exploitation
136. The Committee welcomes the State party=s ratification of the ILO Convention concerning the Minimum Age for Access to Employment (No. 138). In light of the current economic situation, declining school enrolment and attendance rates, and the increasing number of children living and/or working on the streets, the Committee is concerned about the lack of information and adequate data on the situation of child labour and economic exploitation within the State party, including in the informal sector. Concern is also expressed at the significant number of children begging on the streets and their vulnerability to exploitation and abuse.
137. The Committee encourages the State party to introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation, particularly in the informal sector. The State party is encouraged to continue its cooperation with IPEC to finalize, by the end of 2000, a child labour survey to assess the situation of children in this regard. The Committee encourages the State party to consider ratifying the ILO Worst Forms of Child Labour Convention, No. 182.
Children living and/or working on the streets
138. Concern is expressed at the large and increasing number of children living and/or working on the streets.
139. The Committee recommends to the State party to establish mechanisms to ensure that children living and/or working on the streets are provided with identity documents, food, clothing and housing. Moreover, the State party should ensure that these children are provided adequate access to health care, rehabilitation services for physical, sexual, and substance abuse, protection from police brutality, services for reconciliation with their families and education, including vocational and life-skills training. The Committee recommends to the State party to cooperate and coordinate its efforts in this regard with civil society.
Drug abuse
140. The Committees is concerned at the increasing incidence of drug, alcohol and substance abuse among youth as well as the lack of financial and human resources, inadequate monitoring mechanisms and insufficient psychological, social and medical programmes and services available in this regard.
141. In light of article 33 of the Convention, the Committee recommends that the State party take all appropriate measures, including administrative, social and educational measures, to protect children from the illicit use of alcohol, narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances. It encourages the State party to support rehabilitation programmes dealing with child victims of alcohol, drug and substance abuse. In this regard, the Committee encourages the State party to consider seeking technical assistance from UNICEF, WHO, United Nations International Narcotics Control Board, among others.
Sexual exploitation and abuse/sale, trafficking and abduction
142. The Committee expresses concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. The Committee also notes with concern that there have been reported incidents of sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation.
143. In 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 legislation, policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children, as well as the sale, trafficking and abduction of children for commercial sexual exploitation.
Juvenile justice
144. Concern is expressed at the increasing number of children in conflict with law and the limited measures taken by the State party to address their concerns. In particular, the Committee notes:
(a) The absence of adequate legislation on juvenile justice, as well as the inconsistency of the juvenile justice system with the Convention and other relevant United Nations standards;
(b) The poor conditions of juvenile detention facilities, including the lack of adequate food, clothing, heating, educational opportunities and leisure activities for child detainees;
(c) The inadequate facilities for children in conflict with the law; the insufficient numbers of trained personnel to work with children in this regard; and the lack of a complaint mechanism for children whose rights have been violated.
145. The Committee recommends that the State party:
(a) Take all appropriate measures to implement a juvenile justice system that is in conformity with the Convention, in particular articles 37, 40 and 39, and 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) Use 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, including their right to privacy; and ensure that children deprived of their liberty remain in contact with their families;
(c) Take all appropriate measures to improve the situation of children in juvenile detention facilities, including their access to adequate food, clothing, heating, educational opportunities and leisure activities;
(d) Introduce training programmes on relevant international standards for all professionals involved with the administration of juvenile justice;
(e) Consider seeking technical assistance from, among others, OHCHR, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF, through the Coordination Panel on Technical Advice and Assistance in Juvenile Justice.
9. Dissemination of reports
146. Finally, the Committee recommends that, in light of article 44, paragraph 6, of the Convention, the initial report and written replies presented by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and the concluding observations adopted thereon by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government and the general public, including NGOs.
Concluding observations of the Committee on the Rights of the Child
JORDAN
147. At its 621st and 622nd meetings (see CRC/C/SR.621-622), held on 18 May 2000, the Committee on the Rights of the Child considered the second periodic report of Jordan (CRC/C/70/Add.4), which was submitted on 5 August 1998, and adopted the following concluding observations.
A. Introduction
148. The Committee regrets that the State party's report (CRC/C/70/Add.4) was not prepared according to the guidelines established for the submission of periodic reports. The Committee also regrets the absence of examples and disaggregated data on the exercise and enjoyment of the rights contained in the Convention, and insufficient assessment or evaluation of the actual situation of children in Jordan. The Committee welcomes, however, the extensive information provided with respect to education, and the detailed annexes on health and child labour. The Committee appreciates the detailed and informative responses to the list of issues.
B. Follow-up measures undertaken and progress achieved by the State party
149. The Committee welcomes Jordan's progress towards the achievement of most of the goals for the year 2000 laid down in the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s.
150. The Committee welcomes the royal decree in March 2000 establishing the National Committee for Human Rights.
151. The Committee welcomes Jordan's ratification of major international human rights treaties, including ratification of ILO Conventions No. 138 concerning the Minimum Age for Admission to Employment and No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee notes the various initiatives in the area of human rights undertaken by the State party in cooperation with the international community.
152. The Committee notes that Jordan hosts a large refugee population, and maintains good cooperation with the international community in this regard.
C. Factors and difficulties impeding the implementation of the Convention
153. The Committee notes that economic reforms have had a severe impact on the economy, and especially on the most vulnerable segments of society.
154. The Committee notes that population pressures coupled with a lack of resources, particularly water, in light of the worst drought in decades have severely affected the population.
155. Noting the universal values of equality and tolerance inherent in Islam, the Committee observes that narrow interpretations of Islamic texts by authorities, particularly in areas relating to family law, are impeding the enjoyment of some human rights protected under the Convention.
D. Principal areas of concern and recommendations
1. General measures of implementation
Legislation
156. The Committee observes that the State party's reservation to articles 20 and 21 of the Convention is superfluous. It points out that article 20 (3) of the Convention expressly recognizes kafalah of Islamic law as alternative care, and article 21 expressly refers to those States that "recognize and/or permit" the system of adoption, which in any case does not apply to Jordan.
157. The Committee recommends to the State party to withdraw its reservation to articles 20 and 21 of the Convention, in accordance with the Vienna Declaration and Programme of Action.
158. The Committee is concerned that the broad and imprecise nature of the reservation to article 14 potentially gives rise to infringements of the freedoms of thought, conscience and religion, and raises questions of its compatibility with the object and purpose of the Convention.
159. In light of its previous recommendations (CRC/C/15/Add.21), the Committee recommends to the State party to study its reservation to article 14 with a view to narrowing it, taking account of the Human Rights Committee's General Comment 22 and recommendations (CCPR/C/79/Add.35), and eventually, to withdraw it in accordance with the Vienna Declaration and Programme of Action.
160. Although the Convention is purported to have the force of law and takes precedence over all legislation except the Constitution, and courts are expected to accord precedence to it, the Committee observes that almost 10 years have passed since ratification and the Convention is not yet published in the Official Gazette.
161. The Committee recommends to the State party to expedite the publication of the treaty in the Official Gazette and to take the necessary action to make it enforceable in the courts, including courts of first instance.
162. The Committee notes the State party's efforts in preparing a draft Childhood Act and draft amendments to various legislation to ensure their compliance with the Convention. Nevertheless, the Committee is concerned that insufficient efforts have been made to secure their speedy adoption.
163. The Committee recommends to the State party to ensure that the draft Childhood Act is in conformity with the principles and provisions of the Convention and to expedite the passage into law of this and other legislative amendments related to the provisions of the Convention.
Coordination
164. The Committee notes the establishment of the National Task Force for Children for the coordination of activities of civil society through the National Coalition for Children. However, the Committee is concerned that inadequate administrative coordination and cooperation at the national and local levels of government is a serious problem in the implementation of the Convention.
165. The Committee recommends to the State party to: adopt a comprehensive national plan of action to implement the Convention; allocate resources (human and financial); develop professional capacity; and give attention to intersectoral coordination and cooperation at and between national and local levels of government. The State party is encouraged to provide adequate support to local authorities for implementation of the Convention.
Independent monitoring structures
166. Noting the decree establishing a National Human Rights Committee, the Committee emphasizes the importance of setting up an independent mechanism with the mandate of regularly monitoring and evaluating progress in the implementation of the Convention at the national and local levels.
167. In light of its previous recommendations (CRC/C/15/Add.21), the Committee encourages the State party to establish a statutory independent institution, with an appropriate membership and adequate resources, with the mandate to regularly monitor and evaluate progress in the implementation of the Convention, and empowered to receive and act upon complaints of violations of child rights. In this regard, the Committee recommends to the State party to seek assistance from, inter alia, UNICEF and the Office of the High Commissioner for Human Rights.
Allocation of budgetary resources
168. The Committee expresses its concern that insufficient attention has been paid to article 4 of the Convention regarding the implementation to the "maximum extent of ... available resources" of the economic, social and cultural rights of children.
169. While recognizing the difficult poor economic conditions, the Committee emphasizes that the implementation of economic, social and cultural rights requires consideration of a range of issues, including the redistribution of existing resources. The Committee recommends to the State party to develop ways to undertake a systematic assessment of the impact of budgetary allocations on the implementation of children's rights, and to collect and disseminate information in this regard. The Committee recommends to the State party to ensure the distribution of adequate resources at the national and local levels, where needed within the framework of international cooperation.
Training in dissemination of the Convention
170. Noting efforts by the State party, the Committee is nevertheless concerned at the low level of awareness of the Convention amongst the general public, including children and professionals working with and for children. The Committee is concerned that the State party is not undertaking adequate dissemination and awareness-raising activities in a systematic and targeted manner.
171. The Committee recommends to the State party to develop an ongoing programme for the dissemination of information regarding the implementation of the Convention among children and parents, civil society and all sectors and levels of government. The Committee encourages the State party to pursue efforts to promote children's rights education in the country, including initiatives to reach the most vulnerable groups. Moreover, the Committee recommends to the State party to strengthen its efforts to develop systematic and ongoing training programmes on the provisions of the Convention for all professional groups working with children (e.g. judges, lawyers, law enforcement officials, civil servants, local government officials, personnel working in institutions and places of detention for children, teachers, health personnel, including psychologists, and social workers). The Committee encourages the State party to seek technical assistance from, inter alia, the Office of the High Commissioner for Human Rights and UNICEF in this regard.
2. Definition of the child
172. Noting efforts to raise the age of criminal responsibility to 12 years, the Committee, in light of its previous concluding observations (CRC/C/15/Add.21), remains concerned at the existing very low age which is set at 7 years.
173. Noting efforts to raise the minimum age for marriage to 18 for both boys and girls, the Committee is concerned that the existing age-limits of 15 years for girls and 16 years for boys are too low and are discriminatory. The Committee is also concerned about early and forced marriages, primarily in rural areas.
174. The Committee recommends to the State party to review its legislation to ensure that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention and are gender neutral, and take steps to enact any necessary amendments promptly and ensure that they are enforced. In addition, the Committee recommends to the State party to continue its efforts in respect of public education campaigns to combat early and forced marriages, particularly in rural areas.
3. General principles
Non-discrimination
175. The Committee is concerned by the persistence of discrimination under the law, in particular:
(a) The Committee finds that discrimination against girls and children born out of wedlock is incompatible with article 2. Moreover, the Committee is concerned that discriminatory social attitudes towards the education of girls, primarily in rural areas, result in their low levels of school enrolment and high drop-out rates, and in early and forced marriages;
(b) The Committee finds that infringement of a child's rights under the Convention as a result of indirect discrimination, or discrimination against his or her mother (e.g. in relation to custody, guardianship and nationality) is incompatible with article 2. The Committee expresses its concern at the persistence of stereotypical attitudes about the roles and responsibilities of women and men. In light of the Committee's previous recommendations (CRC/C/15/Add.21), the Committee remains concerned that restrictions on the right of a Jordanian woman to pass on her nationality to her child, particularly where she is married to a refugee, may result in the child becoming stateless.
176. In accordance with the findings of the Human Rights Committee (CCPR/C/79/Add.35), the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/JOR/2), its own previous concluding observations (CRC/C/15/Add.21) and with article 2 of the Convention, the Committee recommends to the State party to take effective measures to prevent and eliminate discrimination on the grounds of sex and birth status in all fields of civil, economic, political, social and cultural life. The Committee recommends to the State party to incorporate equality on the basis of sex in article 6 of the Constitution. The Committee recommends to the State party to make all efforts to enact or rescind civil and criminal legislation, where necessary, to prohibit any such discrimination. In this regard, the Committee encourages the State party to consider the practice of other States that have been successful in reconciling fundamental rights with Islamic texts. The Committee recommends to the State party to take all appropriate measures, such as comprehensive public education campaigns, to prevent and combat negative societal attitudes in this regard, particularly within the family. Religious leaders should be mobilized to support such efforts.
177. The Committee expresses its concern at the disparities in the enjoyment of rights, especially with regard to health and education, experienced by children belonging to vulnerable groups, including those living in rural regions of the country and those living in unofficial Palestinian refugee camps.
178. The Committee recommends to the State party to take all necessary measures to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2. The Committee recommends to the State party to prioritize and target social services for children belonging to the most
vulnerable groups. The Committee recommends to the State party to seek assistance from the international community, including United Nations agencies such as UNICEF and United Nations Relief and Works Agency for Palestine Refugees in the Near East.
Best interests of the child
179. The Committee is concerned that in all actions concerning children, the general principle of the best interests of the child contained in article 3 of the Convention is not a primary consideration, including in matters relating to family law (e.g. duration of custody under the Personal Status Law is arbitrary as it is determined by the child's age, and is discriminatory against the mother).
180. The Committee recommends to the State party to review its legislation and administrative measures to ensure that article 3 of the Convention is duly reflected therein.
Right to life
181. Noting efforts to support amendments to penal law provisions which discriminate against women, the Committee nevertheless is seriously concerned that respect for the inherent right to life of a person under 18 is not guaranteed under the law, particularly in light of articles 340 and 98 of the Penal Code (No. 16/1960), which condone crimes perpetrated in the name of honour. The Committee is concerned that there is often reluctance on behalf of the police to arrest perpetrators, and that they receive lenient or token punishments.
182. In line with Commission on Human rights resolutions 2000/31 and 2000/45, the recommendations of the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/2000/3) and those of CEDAW, the Committee recommends that the State party take all necessary measures to ensure that there is no discriminatory treatment for crimes of honour and that they are promptly and thoroughly investigated and prosecuted. In addition, the Committee recommends to the State party to undertake awareness‑raising activities demonstrating that such practices are socially and morally unacceptable, and to take steps that ensure that protective custody is replaced by other types of protection for women.
183. The Committee is concerned at the high incidence of traffic accidents which claim the lives of children.
184. The Committee recommends to the State party to strengthen and continue efforts to raise awareness about and undertake public information campaigns in relation to accident prevention.
Respect for the views of the child
185. Noting that article 15 of the Constitution provides for freedom of opinion, the Committee is concerned that respect for the views of the child remains limited owing to traditional societal attitudes towards children in schools, the courts, and especially within the family.
186. The Committee encourages the State party to promote and facilitate, within the family, the school and the courts, respect for the views of children, and their participation in all matters affecting them in accordance with article 12 of the Convention. In this regard, the Committee recommends to the State party to develop skills-training programmes in community settings for teachers, social workers and local officials to enable them to assist children in expressing informed decisions and to take those views into consideration. The Committee recommends that the State party seek assistance from UNICEF, among others.
4. Family environment and alternative care
Violence/abuse/neglect/maltreatment
187. Noting the establishment of the Family Protection Unit and efforts to address domestic violence, the Committee remains concerned, in light of articles 19 and 39 of the Convention, at the incidence of ill‑treatment of children in schools and within the family. The Committee is concerned that apart from Penal Code provisions with respect to abandonment, abduction and indecent assault with violence, existing legislation is inadequate, and there is no comprehensive plan with effective measures to prevent and treat cases of abuse. Concurring with CEDAW, the Committee is concerned that the serious problem of violence against women in Jordan has harmful consequences on children.
188. The Committee recomm