List of issues : Cuba. 17/10/96.
CRC/C/Q/Cub.1. (List of Issues)

COMMITTEE ON THE RIGHTS OF THE CHILD
Fourteenth session
Pre-sessional Working Group
14-18 October 1996


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 Cuba
(CRC/C/8/Add.30)

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

1. Please indicate whether any study has been undertaken to review national legislation and its compatibility with the provisions and principles of the Convention on the Rights of the Child.

2. What proportion of the national budget is devoted to social expenditures (including health and education) for children at the central, regional and local levels? What measures have been taken to reduce the impact of economic difficulties on children, especially those belonging to the most disadvantaged groups? What indicators or target figures are used in this context?

3. What consideration is being given to the social needs of children in the "especial período en tiempos de paz" (special peacetime period)?

4. Please indicate whether consideration has been given to the impact on children of governmental policies.

5. In the light of the "período especial en tiempos de paz" (special peacetime period), what portion of the national budget is reserved for education and which portion of it is allocated to primary compulsory education? What are the major items in the education budget?

6. Please provide further information on the measures taken to further develop mechanisms for the determination of appropriate indicators as well as collection of statistical data and other information on the status of children as bases for designing programmes to implement the Convention. Please indicate whether there is a need for technical assistance in this regard.

7. Please indicate whether any steps have been taken since the submission of the report for the adoption of a national strategy in support of the Convention, including through the development of further policies and programmes (see para. 37 of the State party report).

8. Please indicate the effectiveness of present institutional arrangements to promote the rights of the child and monitor the implementation of the Convention on the Rights of the Child and whether there are any plans to establish other institutions such as an ombudsman for children.

9. To what extent is international cooperation designed to foster the implementation of the Convention? What proportion of international aid is allocated to programmes for children?


Definition of the child
(Article 1 of the Convention)

10. Does the government intend to review its legislation concerning the different minimum ages for marriage for boys and girls, in the light of the principles and provisions of the Convention, including those of its article 2?

11. At what age may children seek redress in the courts if their rights have been infringed?

12. Please indicate the minimum age for completion of compulsory education and any minimum ages which may exist as regards children seeking legal or medical counselling without parental consent.


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

13. To what extent are the provisions of article 2 of the Convention recognized by the national legislation with regard to all possible grounds for discrimination spelled out in that article?

14. Have any procedures been established to monitor tendencies of discrimination against children on the basis of the child's gender, race, social origin, position, the political views of children's parents or legal guardians? Please indicate measures adopted to prevent discrimination against children with HIV or who are born from parents with HIV.

15. What specific measures are being taken to combat discrimination on the basis of gender and race against girls, on account of traditional cultural practices and attitudes?

16. In what way is the principle of the best interests of the child, as recognized by article 3 of the Convention, reflected in legislation or other actions undertaken by social welfare institutions, courts of law or administrative authorities?

17. Please indicate the ways in which the principle of respect for the views of the child is reflected in practice in all matters affecting the child.


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

18. Please indicate measures adopted to recognize and ensure the enjoyment by children of the civil rights and freedoms set forth in the Convention, particularly those recognized by articles 12 and 17. Please also provide relevant disaggregated data on the realisation of these rights, including by age, gender and region.

19. In the light of article 17 of the Convention please provide information on the way in which the right of the child to access information and material from a diversity of national and international sources is recognized by law and implemented in practice, at the central, provincial and local levels.

20. Please indicate any children associations existing in the country, as well as the legal and administrative guarantees of such associations.

21. Please indicate the concrete measures taken in order to sensitize and educate the members of the security forces and the staff of juvenile institution on the issue of child abuse and neglect.


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

22. Has any recent evaluation been undertaken on the impact of family education, guidance and counselling programmes? (para. 52 of the State party report).

23. Are there any factors which obstruct the exercise of the right to family planning information services? If so, please indicate what are they and if there are any measures being taken to address these factors.

24. What specific measures are being taken to ensure the right of the child to be in contact with both father and mother in cases where one or both of them live abroad? Please indicate what criteria are used to issue the necessary permit for children or parents to travel abroad for family reunification purposes.

25. Are the views of the child taken into account in matters relating to the right of the child to visit his/her parents in the case of their separation?

26. What is the present governmental position towards inter-country adoptions and ratification of the Hague Convention on Protection of Children and Cooperation in respect of Inter-Country Adoptions (1993)? Please indicate the consideration given to article 21 of the Convention.

27. Please indicate the information and awareness-raising campaigns developed to prevent situations of ill-treatment, abuse and neglect of children within the family as well as to strengthen the system for protecting children for such abuse or violence.


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

28. Please indicate relevant disaggregated data on the nutritions status of children as well as on low weight birth.

29. What measures are being taken to reduce the number of accidents as a main cause of the death of children?

30. What measures does the Government consider are necessary to overcome the severe shortages in medicines and medical equipment?

31. Please indicate in what ways the family planning and birth control policies have been affected by the wide scale availability and use of modern contraceptive methods.

32. Please describe the measures taken to promote health information and education on AIDS among the general population and special groups with high-risk behaviour.

33. How does the government ensure that there is an equitable distribution of medicines and medical equipment to all health units in rural and poorer urban areas?

34. Please provide information on the measures considered necessary to tackle any problem regarding nutritional deficiencies affecting the child population that have arisen due to the "especial período en tiempos de paz" (special peacetime period).

35. In light of the information contained in para. 89 of the State party report, please provide details of the results of community based rehabilitation of disabled persons.

36. Please provide further information on any plans being considered to ensure widespread access to safe water, adequate sanitation and adequate housing.


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

37. Please indicate what measures have been taken to overcome any shortage of school materials and ensure adequate education facilities.

38. Please indicate measures adopted to incorporate the Convention into the school curricula. Please provide further information on the civic education provided to school children and the extent to which it reflects the provisions and principles of the Convention.

39. Please provide further information on the conciliation between learning and productive work as mentioned in para. 104 of the State party report.

40. Please provide more information on the criteria used for the determination of children who are in need of special education. what are the main basic behavioural problems of the children who receive special education as mentioned in para. 111 of the State party report.


Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)

41. Please provide further information on the extent to which the provisions and principles of the Convention are taken into consideration when deciding the placement of children in institutions, including articles 20 and 25 (paras. 56, 61, 64, 69-71).

42. What kind of social or procedural guarantees are envisaged by law to allow the child or his/her legal representative to challenge the decisions taken by the child welfare councils, in the light of art. 37.d of the Convention?

43. Please provide further information on the notions of "behavioural problems" and "incipient antisocial behaviour" and indicate which authority is entitled to interpret these notions and the extent to which the Convention is taken into consideration (see paras. 120 and 121 of the State party report).

44. With reference to the situation of children deprived of their liberty, please provide details of how the guarantees mentioned in paragraph 138 of the State party report are applied in practice.

45. Please provide information on existing or planned specific legislative provisions on the prohibition of the forced labour of children. Please further indicate any additional legal or other measures adopted to protect children against night work with a view to ensuring respect for the right of the child to rest in the light of relevant applicable international instruments.

46. With regards to the problem of sexual abuse and sexual exploitation, please provide information on:

-whether the increase of tourism in the past decade has led to the development of the problem of child prostitution;

-if so, what specific measures have been or are being taken to solve this problem;

-the resources committed for the implementation of such measures; and

-relevant disaggregated data and research developed in this field.

47. Does legislation exist in Cuba or is the Government considering the possibility of introducing legislative measures which will permit for the prosecution of persons who commit crimes relating to the sexual exploitation of children, including the production, distribution and possession of child pornography?

48. What measures are being taken to protect children from the illicit use of drugs and other substances and prevent the use of children in the illicit production and trafficking of such substances?


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