List of Issues : Bangladesh. 02/10/97.
CRC/C/Q/BAN.1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fifteenth session
Pre-sessional Working Group
27-31 January 1997


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection
with the consideration of the initial report of
Bangladesh
(CRC/C/3/Add.38)


General measures of implementation
(Arts. 4, 42, and 44 para. 6 of the Convention)

1. In light of the recommendations adopted in the Declaration and Plan of Action of the World Conference on Human Rights, has the Government considered studying the possibility of reviewing its reservations to the Convention with a view to their withdrawal?

2. With regard to the existence in Bangladesh of two systems of law - the State law and the religious customary law system - please indicate the measures taken or envisaged to unify the legal system. What is the status of the Convention on the Rights of the Child in the event of a conflict with national legislation?

3. With regard to information provided in para. 16 of the report, please provide up-dated information on the approval by the Government of the draft national law and the National Policy on Children which objective it is to harmonize the existing legislations with the principles and provisions of the Convention. Has any study been undertaken to ascertain that the review of national legislation reflects the principles and provisions of the Convention? (see paras. 24 and 25 of the State report).

4. With regard to information provided in paras. 15 and 35 of the report, please provide further information on the concrete role that the Ministry of Women and Children's Affairs plays in the implementation of the principles and provision of the Convention on the Rights of the Child. Please also specify the financial and human resources allocated to this Ministry.

5. In the light of the different mechanisms intervening in the field of policies and child welfare for children, please indicate:

- in what ways these mechanisms ensure the coordination of their activities to promote the principles and provisions of the Convention on the Rights of the Child (see paras. 19, 21 and 22 of the report);

- whether the proposed National Council for Children has been set up, and if so, to what extent and in what ways will these institution ensure coordination and monitoring of the implementation of the Convention (see para. 17 of the report)and

- whether it is being considered or planned to establish an independent mechanism such as an ombudsperson for children.

6. Please provide information on the percentage of international aid dedicated directly to children. Please also provide information on any mechanisms in place to coordinate and monitor the allocation of international aid related to children programmes (see paras. 32 to 34 of the report).

7. In the light of information provided in paras. 14 and 26 to 28 of the report, please give further comments on the involvement of NGOs in the drafting process of the State Party report, on their work to implement the Convention and on their participation in the Government policy and decision making process.

8. With regard to information provided in para. 37 of the report, please indicate if comprehensive research has been undertaken or planned on the state of children in the country.

9. To what extent is the Convention translated into minority or indigenous languages?

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


Definition of the child
(Article 1 of the Convention)

11. Please provide information on the minimum legal age for legal and medical counselling without parental consent, end of compulsory education, sexual consent, enlistment into the armed forces, criminal responsibility, deprivation of liberty, life imprisonment, to give testimony before the court and to seek redress in the courts.

12. In light of the different minimum legal ages, please provide further information on the measures being taken to harmonize national legislation and to bring it into conformity with the Convention (see para. 42 to 46 of the report).

13. With regard to information provided in para. 43 of the report, please explain the definition of the child under Muslim law particularly the concept of the age of puberty and the way in which this provision is applied to girls and boys.

14. Please indicate how the legislation on minimum age for marriage is being applied in practice, especially taking into account the existence of a religious customary law system.


General principles
(Arts. 2, 3, 6 and 12 of the Convention)

15. Please indicate if there are any specific legislative provisions on non-discrimination in relation to children.

16. Please provide further information on the steps taken to prevent and eliminate discriminatory attitudes or prejudices and to ensure an effective protection against discrimination, particularly towards the girl child, disabled children, unregistered children, children living in rural and remote areas and children born out of wedlock (see paras. 52-54, 63, 64 of the report). Please indicate what measures have been taken to prevent discrimination against children because of their poverty.

17. Please provide information on the ways in which the principles of the best interests and respect for the views of the child (art. 3 and 12) are reflected in all matters affecting the child, including in legislation, judicial and administrative proceedings.

18. What measures have been taken to raise the awareness of families and the public in general on the need to encourage children to exercise their right to participate in social life, and to train people working with children to encourage them to do so? (see para. 60 of the report).


Civil rights and freedoms
(Arts. 7-8, 13-17 and 37 (a) of the Convention)

19. With regard to the information provided by the Government concerning birth registration please provide further information (see paras. 63-64 of the report) on:

- the implementation of the provisions to ensure that all children are registered immediatly after birth;

- any mechanisms in place to monitor these measures;

- the way the administration determines the age of the child in case of absence of registration.

20. With regard to information provided in para. 67 of the report, please explain how the Constitution and the citizenship rules are compatible with the principles and provisions of the Convention, especially with the principles of non-discrimination (article 2) and of the best interests of the child (article 3).

21. Please indicate if there are there any specific legislative measures for protecting the identity of the child in accordance with the principles and provisions of the Convention.

22. Please indicate to what extent measures taken in the field of civil and political rights have had any positive impact on children. Have any difficulties been encountered in the implementation of these rights?

23. Please provide further information on how the right of the child to seek, receive and impart information, recognized by article 13 of the Convention, is ensured and encouraged by the Government (see paras. 69 and 70 of the report). Please also indicate what steps, if any, are being taken or considered to encourage the dissemination and availability to all children of children's literature. (see para. 70 of the report).

24. Please provide further information on the exercise of the right to freedom of religion, including with regard to minorities.

25. Please specify how many youth associations there are. What are the legal and administrative guarantees for the independence of such associations? (see paras. 75-78 of the report).

26. Please indicate the measures taken to implement the provisions of article 37 (a) of the Convention. Have any cases been reported of children who have been victims of torture or other cruel, inhuman and degrading treatment? If so, please provide information on such cases.

27. What steps have been taken to prevent the beating of children in police custody and detention centres for juveniles? Is this aspect covered in codes of conducts for law enforcement personnel and in their training? What remedies are there in cases of abuse?


Family environment and alternative care
(Arts. 5, 18 paras. 1-2, 9-10, 27 para. 4, 20-21, 11, 19 and 39 and 25 of the Convention)

28. Please provide further information on any family education programmes developed by the Government or non-governmental organisations. (see para. 87 of the report).

29. With regard to the information provided in para. 85 of the report, please provide further detailed information on the policies to promote equality between parents and if possible indicate if there has been any comprehensive study on the impact of these policies on the enjoyment by women of equal parental rights.

30. In light of the information provided by the Government, please indicate if there has been any comprehensive study on the family problems mentioned in para. 89 of the report; if so, please provide information on the measures being taken or programmed to tackle this issue.

31. Please indicate what steps, if any, are being taken or considered to reduce the number of early marriages.

32. In light of information mentioned in paras. 79, 91, 92, 94, and 97 of the report, please provide further information on the institutions providing alternative care for children in particular with regard to any mechanism in place to monitor the situation of children placed in these institutions. Are steps being taken or considered to ensure that staff working in alternative care institutions are sufficiently trained and are informed about the principles and provisions of the Convention?

33. Please indicate whether conditions for young children detained with their mothers are satisfactory and describe relevant factors and difficulties if any (see para. 100 of the report). Please also indicate the amount of children residing with their detained mothers.

34. With regard to information provided in para. 101 of the report, please provide clarification on existing laws, procedures and institutions dealing with customary, national and intercountry adoption. Does any law or measures ensure the effective protection of adopted children? Please also indicate whether the State envisages to ratify the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions.

35. Please provide information on the guarantees in place to ensure the periodic review of placement of children in certified institutes or in approved homes (see para. 105 of the report).

36. What legislative steps and concrete action has the Government undertaken to protect children against physical abuse and maltreatment as referred to in article 19 of the Convention? What measures have been taken to prevent and combat sexual abuse within the family?


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26 and 18 para. 3 and 27 paras. 1-3 of the Convention.

37. Please provide information on the way the Government ensures that there is an equitable distribution of medicines, medical equipment and professional personnel to all health units in rural and poorer urban areas (see para. 110 of the report).

38. Given the high prevalence of severe malnutrition, please provide further information on the measures in place and considered to address this problem. (see para. 112 (h) of the report).

39. Please indicate existing or envisaged plans to improve the educational and training system for health personnel, including personnel working with disabled children.

40. In light of the different efforts to ensure the rights of the disabled, please indicate if there are any major obstacles still encountered in improving the situation of disabled children as regards efforts to rehabilitate them and if there is any international cooperation in this area (see paras. 113-120 of the report).


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

41. Please provide information on how the right to education is ensured on the basis of equal opportunity between boys and girls and what special measures have been adopted to reduce existing disparities (see para. 129 and 130 of the report).

42. Please indicate whether children may be taught in indigenous or minority languages.

43. In light of the information provided in paras. 128 and 133 of the report, please indicate what concrete measures have been taken or are being considered to encourage regular attendance at school and the reduction of drop-out rates.

44. Please indicate to what extent school and training academy curricula have been adapted to make room for the teaching on the Rights of the Child (see para. 40 of the report).

45. Please indicate what measures are being taken to improve the relevance of education and quality of teaching. What plans are there to ensure a sufficient number of teachers in the school system, to enhance their competence, and to ensure adequate educational facilities? (see paras. 128, 130 and 133 of the report).


Special Protection Measures
(Arts. 22, 30 and 32-40 of the Convention)

46. Please indicate to what extent the Government's policy towards refugee and displaced children is consistent with the principles and provisions of the Convention. Please also indicate how birth registration is guaranteed for refugee children (see para. 141 of the report).

47. In the event of a natural disaster or an emergency situation, please explain what humanitarian assistance measures are envisaged to safeguard the physical and mental health of children. Please also indicate what mechanisms are in place, both in rural and urban areas, for the implementation of article 39, including rehabilitation measures provided for children suffering from trauma.

48. In light of information provided in para. 142 of the report, please indicate how many juvenile courts have been established in the country. In addition please provide information on any special training programmes for professional groups such as judges and law enforcement officials in light of the Convention and other United Nations standards adopted in the field of the administration of juvenile justice.

49. With regard to the right to life, please specify whether the death penalty for persons under 18 years of age is prohibited both by the Constitution and the Children's Act of 1974. If not, please indicate if any cases have been imposed on minors of less than 18 years of age and for what reasons?

50. Please indicate the existing guarantees to ensure that the arrest, detention or imprisonment of a child are used as a measure of last resort and for the shortest period of time. Additionally please indicate the special circumstances under which children can be sentenced to life imprisonment (see para. 145 of the report).

51. Please indicate any steps taken or envisaged to consider the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, in light of article 40, paragraph 3(a) of the Convention.

52. Please also provide information on the measures taken by the State party to harmonize the definition of the child with regard to different legislations, such as, inter alia, the Penal Code, the Children's Act and the Vagrancy Act.

53. Please provide information on the treatment of juvenile offenders, in particular on:

- the types of institutions existing for the custody of young law offenders;

- the guarantees existing to ensure that juveniles; detained in police custody are separated from adults;

- the measures taken to ensure contact between the child and the family;

- the legal possibility of putting children in solitary detention;

- the conditions of detention;

- the complaint procedures available in case of ill-treatment;

- the level of training for personnel in these institutions; and

- the educational possibilities and the health services provided in such institutions.

54. Please provide information on the measures taken or envisaged to ensure the effective enforcement of the legislation concerning child labour, including measures adopted to ensure an effective system of inspection (see paras. 148-150 of the report).

55. Please indicate measures envisaged for preventing and combatting the use of children in the informal labour sector, including awareness-raising campaigns for families and the public in general.

56. Please provide information on how the right to education is ensured for children who are employed.

57. Please provide information on the existence of concrete measures to combat sexual exploitation and sexual abuse of children, including prostitution (see para 151 of the State report).

58. In light of information provided in para. 152 of the report, please provide further information on the concrete measures taken to combat the sale, trafficking and kidnapping of children. Please also specify the impact of the recent strengthening of border check-posts on such children's rights violations.

59. What special measures are being taken to ensure that children in areas inhabited by minority and indigenous populations are fully enjoying their rights? What specific mechanism exist to monitor the implementation of the rights of children belonging to minorities?


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland