Introduction

1. In the light of article 44 of the Convention on the Rights of the Child and of rule 69 of its provisional rules of procedure (CRC/C/4), the Committee on the Rights of the Child would like to request the Government of Argentina to submit, by 7 March 1994, an additional report containing all relevant information on the measures adopted to ensure the effective implementation of the Convention on the Rights of the Child, in particular in the areas identified below.

2. The Committee would like to call the attention of the Government of Argentina to the general guidelines regarding the form and contents of initial reports to be submitted by States parties under article 44 of the Convention, adopted by the Committee at its first session, which should also be considered as guiding reference document in the structure and contents of the information to be provided by the Government of Argentina in its additional report.

3. The Committee would further like to stress that, in order to reach a comprehensive understanding of the implementation process in the country, it would expect to be provided with detailed information on all appropriate measures adopted, of legislative, administrative and other nature, on the factors and difficulties, if any, affecting the fulfilment of the obligations under the Convention, as well as with information of statistical nature or reflecting the indicators used to assess the progress achieved in the realization of the rights of the child.

4. The Committee recalls that, according to para. 4 of the report submitted by the Government of Argentina (CRC/C/8/Add.2), information is "supplied in respect of articles 5, 6, 9 to 11, 18 (1, 2 and 3), 19 to 21, 23 to 27, 33 to 36, 38 and 39". While recognizing that some information is given also on other areas, for example in relation to articles 32, 37 and 40, the Committee invites the Government of Argentina to take particularly into consideration in its additional report all the remaining fields covered by the Convention and reflected in the adopted guidelines, and to provide additional information on the following areas:

1. Upon ratification, Argentina made reservations (reflected namely in paras. 29 and 62 of the report) concerning articles 21 b), c), d) and e) as well as article 24 para. 2 f). In the spirit of the World Conference on Human Rights, which encouraged States to consider reviewing any reservation with a view to withdrawing it (see A/CONF.157/23, II, paras. 5 and 46), please provide information on whether the Government is considering the need of maintaining those reservations or the intention of withdrawing them.

2. Please provide details about the process of preparing the national report, in particular, with regard to popular and non-governmental organisations involvement.

3. What concrete measures have been taken or are foreseen to make the report on the implementation of the Convention widely available to the public at large, in the light of article 44 para. 6 of the Convention?

4. What measures have been envisaged to create widespread awareness among the population including children themselves about the principles and provisions of the Convention? What specific training has been conducted including for professional groups working with and for children?

5. Has a National Plan of Action been adopted to realize the Universal Declaration on the Survival and Development of Children?

6. What is the status of the Convention in relation to the Constitution, national and provincial laws? Can the provisions of the Convention be directly invoked before the courts (see paras. 16, 67 and 68 of the report)?

7. Please provide information on the steps taken to harmonize the national and provincial legislation with the Convention on the Rights of the Child.

8. Please provide further information on the composition and competence of the National Council for Children and the Family, namely in the field of coordination, evaluation and monitoring of the Convention, at the national and provincial levels.

9. Please describe steps taken to implement article 4 of the Convention, namely in regard to the allocation "to the maximum extent of the available resources", to ensure the implementation of economic, social and cultural rights.

10. Please provide further information in the light of the relevant chapter of the guidelines adopted by the Committee.

11. Please provide further information on the way the general principles of non discrimination, the best interests of the child and the respect for the views of the child are reflected on the national and provincial laws and practice (see inter alia paras. 56, 71 and paras. 92 and 94, in the framework of articles 188 and 189 of the Employment Contracts Act).

12. What measures have been taken to ensure the use of disaggregated indicators on the basis of age, gender, ethnic or social origin, rural and urban groups?

13. What steps have been taken to encourage the participatory rights of children?

14. Please explain the reasons for the grants for crèches programme to be available only for the residents of the Federal Capital (para. 50 of the report).

15. Why administering the property of the child is decided by the judge in the family's best interests and not in the best interests of the child (para. 56 of the report)?

16. How in actual practice works the system of state care with the assistance of the Government Procurator for Juveniles (para. 57 of the report)?

17. Please provide further information on the way the rights recognized by the Convention in articles 13, 14, 15, 16, 17 and 37a) are reflected in the national and provincial legislation and in practice (see paras. 65 to 69 of the report).

18. Please provide information on the implementation of articles 7 and 8 of the Convention and in particular on the steps taken to ensure that the child is immediately registered after birth, that the child's right to preserve his or her nationality is fully respected and that, in case of illegal deprivation of elements of the child's identity, all appropriate assistance and protection is provided to re-establish such identity.

19. Please provide information on the steps taken, including at the legislative level, to prevent the occurrence of ill-treatment, torture or other cruel, inhuman or degrading treatment or punishment of children and to investigate such cases.

20. In the light of the relevant chapter of the adopted guidelines, please provide further information on the measures taken to ensure the implementation of articles 5, 9, 10, 11, 18, 19, 20, 21, 25 and 39 of the Convention.

21. How many persons entitled to benefit from Prevention Programme for Subsidized Families are being in fact subsidized (para. 75 of the report)?

22. How many persons enjoy Emergency Housing Subsidy Scheme (para. 75 of the report)?

23. How many HIV infected children are registered in Argentina (para. 83 of the report)? Are there any positive results in prevention of the transmission of HIV infection?

24. Give details of your primary health care programmes, with particular emphasis on mother and child health.

25. Please provide information on accessibility to health institutions, in both rural and urban areas.

26. Please provide information on the budget allocation for health.

27. In the light of articles 28 and 29 of the Convention and the relevant chapter of the adopted guidelines, please provide information on the implementation of these provisions and in particular:

- how the right to education is ensured on the basis of equal opportunity and what special measures have been taken to reduce possible existing disparities, including between boys and girls, urban and rural areas;

- what measures have been taken to encourage regular attendance of school and the reduction of drop-outs rates;

- what measures have been taken or are envisaged to include the rights of the child in the school curricula, as an illustration of education on human rights;

- how are the aims of education, reflected in article 29 of the Convention given due consideration.

28. Please provide information on the measures adopted, including at the legislative level, to ensure protection of and enjoyment by refugee or asylum-seeking children of the rights recognized by the Convention, as well as specific statistical information and indicators on this reality in Argentina, including their origin, the registration system adopted and the special programmes implemented for unaccompanied minors.

29. In the field of administration of juvenile justice, please provide further information, in the light of articles 37, 40 and 39 of the Convention, in particular on:

- the prohibition of death penalty and life imprisonment without possibility of release;

- the prohibition of unlawful or arbitrary deprivation of liberty;

- the use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest period of time (see in particular para, 109 of the report);

- the possibility to have a prompt access to legal and other appropriate assistance, as well as for challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and of having a prompt decision thereon (see in particular para. 109 of the report);

- the right of the child alleged as, accused of or recognized as having infringed the penal law to be treated in a manner consistent with the child's sense of dignity and worth, which reinforces the child's respect for human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society;

- the measures taken to implement article 40 of the Convention, including the safeguards to be ensured to the child alleged as, accused of or recognized as having infringed the penal law;

- the measures taken or envisaged to deal with such children without resorting to judicial proceedings, and providing for human rights and legal safeguards to be fully respected;

- alternative measures to institutional care made available to deal with such children in a manner appropriate to their well-being;

- special training courses for professional groups such as judges and law enforcement officials in the light of the Convention and of other United Nations standards adopted in the field of the administration of juvenile justice.

30. Please provide further information on the way the provisions adopted in the area of protection of children from economic exploitation, namely through labour, are effectively implemented, which difficulties have been encountered, situations where sanctions have been applied in case of violation of the law, as well as the measures adopted to ensure an effective system of inspection. Moreover, please provide information on the measures adopted to protect children working in the informal sector.