List of issues : Belarus. 22/11/93.
CRC/C.5/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS
OF THE CHILD
Fifth session
Pre-sessional working group
15-19 November 1993


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 Belarus
(CRC/C/3/Add.14)


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

1. Please provide information about the present status of the Rights of the Child Act which was passed by the Parliament of Belarus at its first reading in November 1992 (see para. 23 of the report). If the Act has been passed, please provide a copy of its text to the Committee, and indicate whether there have been amendments to other legislation as a consequence. Could you elaborate on how the legislation affecting children is being implemented in practice? What are the major constraints, and what measures have been envisaged to overcome them?

2. Have any administrative rules been issued with a view to ensure the practical enforcement of the Rights of the Child Act?

3. Are there any obstacles impeding the incorporation of the provisions of the Convention on the Rights of the Child in Belarusian law? (para. 20 of the report.).

4. Please provide information about methods of monitoring and coordinating the efforts of State and public organisations in defence of the rights and interests of the child by the Ministry of Education of Belarus. Are there experts in all respective fields of child welfare available within the personnel staff of the Ministry of Education (para. 24 of the report)?

5. Has the national initial report on the implementation of the Convention been published in the periodical press (para. 27 of the report)? Please provide more details about the process of preparing the report, in particular with regard to the involvement of non-governmental organisations.

6. Has a National Plan of Action in the field of Child Rights been adopted?

7. What steps are planned for creating widespread awareness of the Convention among the public at large and children?

8. Have school curricula been adjusted to educate children about the Convention?

9. What measures have been taken to train professional groups about the Convention?

10. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

11. Please provide information on mechanisms for collecting statistical data and other necessary information about the status of children.

12. Please indicate what proportion of the national budget is allocated to social priorities of children (centrally and locally).

13. Could you elaborate on para. 85 of the report which refers to the need to have specific social protection-measures and "safety nets" for children during the period of transition and price liberation.


Definition of the child
(Art, 1 of the Convention)

1. The report refers to "earlier habituation to work ... seen essentially as a means of preserving the moral health of the rising generation" (para. 35 of the report). Please provide more detailed information on the application of art. 21 of the Rights of the Child Act, in particular with respect to the notion of "suitable employment" referred to in para. 34 of the report. How is it ensured that employment does not hinder the child's right to education?

2. What is the distinction between the notions of "child" and "juvenile"?

3. At what age may children seek redress in the courts if their rights had been infringed? Is there any alternative procedure to this effect (para. 17 of the report)?


General principles

Best interests of the child( Art. 3)

1. Please indicate in what ways the "best interests of the child" are taken into consideration in the legislation, administrative rules, judicial proceedings.

Respect for the views of the child (Art, 12)

2. How is the principle of the respect for the views of the child provided for in judicial and administrative provisions?


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

1. What practical steps have been taken to ensure the implementation of the legislative and regulatory instruments mentioned in para. 41 of the report? Are there any specific provisions relating to children in those instruments? If so, please indicate them.

2. In what way are the views of the child taken into consideration during the procedure for a child's acquisition or change of citizenship (para. 42 of the report)? What is the procedure when the mother of the child marries a foreigner?

3. What is the consistency between the provision that "Children's organisations shall not engage in political activities" and articles 13 and 2 of the Convention which mention political opinion of the child and the child's freedom to seek and impart information and ideas of all kinds (para. 45 of the report)?

4. The report expresses disagreement with the provisions of art. 16 of the Convention (the right to privacy). Since Belarus has made no reservations to the Convention, this right of the child may not be waived. Are there any prospects for the legislative protection of this right, in accordance with the age and maturity of the child (para. 48 of the report)?

5. Is the declaration of the State's obligation to preserve the inviolability of the child's person and afford protection guaranteed by sanctions against possible cases of law violations in this field (para. 49 of the report)? What practical, steps are being taken to prevent the illegal exploitation of children?

6. Are there any sanctions envisaged in Belarusian law against infringements of rights protected by articles 31 and 32 of the Rights of the Child Act (paras. 51 and 52 of the report)?


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

1. What is the present status of the draft Marriage and Family Code?

2. Please provide some concrete facts about cases of sanctions against offenses which constitute violation of the rights or infringement of the lawful interests of a child by parents or persons having custody of the child (para . 56 of the report).

3. Are the legal provisions on allowances referred to in para, 59 of the report actually providing for the full support and upbringing of children?

4. What is the role of non-governmental organisations in monitoring the upbringing of children left without parental care (para, 61 of the report)? Is the State financial support to be provided for children being brought up in a family after being deprived of parental care based on a minimal wages or average wages or the consumer basket (para. 61)?

5. What is the explanation for the growth in the number of children adopted internationally (para. 63 of the report)? Are there any plans to join The Hague Convention (29 May 1993) on protection of children and cooperation in respect of inter-country adoptions?


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

1. What are the priorities to establish a practical programme in the field of health care. How do you plan to control the recent epidemics and monitor the immunisation level in the country?

2. Are the State allowances for families bringing up children based on minimum or average wages (para. 67 of the report)?

3. Please indicate the prevailing situation in relation to antenatal care attendance, health personnel for antenatal care and general health services, percentage of attendance and accessibility of pregnant mothers to hospital care and delivery, main causes of maternal and perinatal mortalities.

4. How is the law on social protection of the disabled in the Republic of Belarus implemented in practice? Please provide statistical date to this effect (para. 7 of the report).

5. The report notes the major efforts to increase baby-food production. What is the Government's policy in the area of breast-feeding promotion?


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

Are the student grants referred to in para. 89 of the report meeting the minimum living requirements?


Special protection measures

Children in situations of emergency (Arts. 22, 38 and 39)

1. How does the legislation of Belarus define refugee children? How is art. 30 of the Rights of the Child Act being implemented in actual practice?

2. Please provide information on the number of refugee children and asylum-seeking children and their origin.

Children in conflict with the law (Arts. 40, 37 and 39)

3. Please describe the actual practice of the treatment of juvenile offenders (para. 103 of the report), What preventive measures and rehabilitation efforts have been envisaged? What are the sanctions envisaged by law for infringement of the rights of juvenile offenders? Are the United Nations rules concerning the administration of juvenile justice taken into account in Belarusian laws?

4. Please describe the institutions called "educational-labour colonies" (para. 112 of the report).

Children in situations of exploitation (Arts. 32, 33, 34, 35, 36 and 39)

5. How is the right to education ensured for children who are employed?

6. What practical steps are being taken to stop the increase in the number of young people who are neither undergoing education nor in employment (para. 15 of the report)?

7. Does para.32 of the report mean that only juveniles are allowed to be employed, but not children?

8. Does Belarus consider acceding to the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980?


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