COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fifth session
Pre-sessional Working Group
5-9 June 2000
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 the Islamic Federal Republic of The Comoros
(CRC/C/28/Add.13)
GENERAL MEASURES OF IMPLEMENTATION
(arts. 4, 42 and 44)
1. In view of the information provided in paragraphs (15 and 16) of the report, please clarify what is the status of the Convention vis-à-vis domestic legislation, including Shariah, customary and French law.
2. Please provide further information on the outcome of a recent thorough review of existing legislation and its compatibility with the provisions of the Convention and explain what are the State party's plans to implement the related recommendations. Please specify the status of the preliminary Family Code bill mentioned in paragraph 25 of the report.
3. Please provide information on the process followed to prepare the initial report and indicate which are the principal government bodies and agencies dealing with matters covered by the Convention and how the activities of these bodies/agencies are coordinated.
4. Please provide information regarding non-governmental organizations (NGOs) concerned with children's rights and on the coordination and interaction of their work with governmental agencies.
5. Please provide further information on the implementation and achievements of the National Plan of Action for the Survival, Protection and Development of the Child. Please provide information on the implementation of article 4 of the Convention requiring the allocation "to the maximum extent of (...) available resources" for the rights of the child, in particular, specific information on budget allocations to health, education and other services for children.
DEFINITION OF THE CHILD
(art. 1)
6. Please provide further information on measures taken to harmonize the age of majority in the State party's legislation with article 1 and other related provisions of the Convention. With regard to the information provided in the report (para. 52), please provide information on the minimum legal age for marriage, and in which situations this age can be lowered.
GENERAL PRINCIPLES
(arts. 2, 3, 6 and 12)
7. With regard to non-discrimination (paras. 57-59 of the report) and in light of article 2 of the Convention, please indicate which measures have been taken to prevent and combat discrimination against girls and other vulnerable groups of children such as children with disabilities, children from religious minorities, children born out of wedlock, children living in rural areas, and children from Anjouanese origins.
8. With regard to respect for the views of the child (article 12 of the Convention), please provide further information on the ways in which this principle is promoted and implemented, taking into account that, according to paragraph 67 of the report, "the child's views are a priori dismissed and have no validity".
CIVIL RIGHTS AND FREEDOMS
(arts. 7-8, 13-17, 37 (a) and 39)
9. Please provide information on measures taken to ensure that every child is registered immediately after birth as established in article 7 of the Convention.
10. Please provide further information on measures taken to develop children's participatory rights as established in articles 12 to 17 of the Convention.
11. Please provide information on the use of corporal punishment in families, schools, care and other institutions. Additionally, please indicate whether there is an intention to prohibit by law all forms of corporal punishment. Further, please indicate what measures have been taken to prevent police brutality and/or unlawful use of force by the police or military forces, particularly as regards children living and/or working on the streets and children in conflict with the law. Please also provide information on the procedures and mechanisms established to address alleged cases of police brutality and to facilitate the rehabilitation of child victims in this regard.
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20, 21, 11, 19, 39 and 25)
12. Please provide information on the scope of child abuse within the family and indicate what are the legal standards for the withdrawal of parental rights.
13. Please indicate how many children are yearly deprived of a family environment and what measures the State party envisages to adopt in order to provide all children with proper care.
14. With regard to information provided in paragraph 89 of the report, please provide further information on the situation of children sent to foster families to become domestic servants.
BASIC HEALTH AND WELFARE
(arts. 6 para. 2, 23, 24, 26, 18 para. 3 and 27 paras. 1-3)
15. In light of the information provided on the National Plan of Action for the Survival, Protection and Development of the Child (paras. 97-101), and on programmes set up for the health and development of children, please provide further information, and, if possible, statistical data on,
(a) the impact of measures taken to reduce infant, child and juvenile mortality;
(b) the growing problem of HIV/AIDS and measures taken to assist children affected or infected with HIV/AIDS;
(c) the education of parents in terms of child health and nutrition, and the provision of free medical assistance and medical products; and
(d) access to reproductive health education.
16. With regard to the situation of children with disabilities and in light of article 23 of the Convention, please provide information on measures taken to ensure the social integration as well as the psychological and physical rehabilitation of these children.
17. Please provide additional information and statistical data, on adolescent health, including the consumption of illicit drugs, alcohol and other substance abuse; violence; suicide and other adolescent mental health concerns. Please describe the policies and programmes implemented and/or foreseen to prevent these problems and to provide appropriate counselling, treatment and care for adolescents faced with these concerns.
EDUCATION, LEISURE AND CULTURE ACTIVITIES
(arts. 28, 29 and 31)
18. In view of the information provided in paragraphs 124-133 of the report:
(a) please provide further information on the State party's educational policy, educational establishment at all levels and their numbers, the allocation of resources, both human and financial, and the quality of education;
(b) please provide data on school attendance at all levels of education and in all areas of education (rural and urban areas in all three islands), drop-out rates and the level of literacy reached by children after primary education;
(c) please also indicate what steps the State party is taking to encourage regular attendance at schools and to reduce drop-out rates; and
(d) please indicate what measures the State party is taking to improve girls' attendance at school.
SPECIAL PROTECTION MEASURES
(arts. 22, 30, 32-40)
19. With regard to the protection of children during armed conflict, please provide information on the situation in the breakaway island of Anjouan and on the reported use of child soldiers. Please also indicate whether any programme has been set up for the rehabilitation of children who have been affected by the conflict.
20. With regard to the administration of juvenile justice, including the treatment of children in detention (paras. 140-143 of the report):
(a) please provide further information on the laws, procedures and institutions specifically addressing juvenile offenders;
(b) please indicate whether the participation of a lawyer in court cases where a minor is appearing as the defendant is compulsory and whether the costs of counsel to defend that minor's interests are covered by the State;
(c) please provide information on the number of children within the justice system, their age as well as the type and nature of crimes they allegedly committed;
sentences, etc.;
(e) please indicate how the rights of inmates are protected, including through complaint and inspection mechanism;
(f) please provide further information on the detention facilities: how the conditions of detention are periodically monitored and what educational, health and social services facilities are provided, if any;
(g) please provide further information on the measures taken to ensure regular contact between the child and his family;
(h) please provide information on whether the State party envisages developing services for the recovery and rehabilitation of juvenile offenders.
21. In light of the information on the economic exploitation of children (paras. 144-145 of the report):
(a) please indicate what measures have been envisaged or implemented for the effective monitoring of labour legislation regarding working children, including in the informal sector;
(b) please provide data on the number of children involved in the work force, in the formal sector as well as in the informal sector, especially concerning children employed as domestic servants;
(c) please provide information on children living and working in the streets;
(d) please indicate whether the State party is considering to accede to ILO Convention No. 138 regarding minimum age for admission to employment (1973) and to ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).
22. In light of the information on sexual abuse and exploitation of children (paras. 146-147 of the report), please indicate if there is data available on these issues in order to assess the scope of the problem. Please also indicate whether the State party envisages improving legislation and take the necessary measures to ensure appropriate protection for children against sexual violence.