List of issues : El Salvador. 18/06/93.
CRC/C.4/WP.6. (List of Issues)
DRAFT LIST OF ISSUES TO BE TAKEN UP IN CONNECTION WITH THE
CONSIDERATION OF THE INITIAL REPORT OF EL SALVADOR
(CRC/C/3/Add.9)

Submitted by Mgr. Luis A. Bambaren Gastelumendi



IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS
OF THE CHILD IN EL SALVADOR

Question to be taken up during the initial
consideration of the report

INTRODUCTION


1. How exactly did the crisis that beset the Republic affect Salvadorian children in the countryside and in towns?

2. The situation of the family in El Salvador is well known; nevertheless, there were structures and institutions that continued to work against the trend. What assessment can be made of their contribution and what percentage of the population did they assist?

3. The absence of a comprehensive family policy is the sole responsibility of the State. What did the opposition propose?

4. What conception of the child prevailed during the crisis and subsequently?

5. The resources devoted by the State to education and health were insufficient; nevertheless, international solidarity played its part. What was achieved with this assistance? Is it possible to detail it?

6. El Salvador's social development is based on seven basic criteria. What strategy was adopted in order to be able to begin implementing these principles?

7. Although it is assumed that a diagnosis has been carried out, no reference is made to it. Has a diagnosis been made of the social situation in El Salvador in terms of families and children?

8. The Convention has become part of the law of the Republic. How is this reflected in the policy followed by the Government two years later?

9. Whom does the National Secretariat for the Family come under within the State organization? What are its links with the other social sectors of the State?

10. What is the structure of the document "National Policy for Minors"?

11. It is of course sure that the conflict continued until recently. Nevertheless, did the State not adopt a special strategy after it declared the Convention to be law? What progress was made in this respect?


OBJECT OF THE REPORT


1. The aims are formulated in a highly descriptive and not particularly substantive manner. Is it possible to quantify them in terms of the target population?


METHOD OF PREPARING THE REPORT


1. What government institutions actually took part in preparing the report? Why were non-governmental organizations not invited to take part?

2. What documents were obtained specifically in connection with the preparation of the report?

3. What are the most significant reorientations that have emerged as regards the measures implemented to comply with the Convention?


MEASURES FOR PUBLICIZING THE CONVENTION


1. Although technically speaking the publicity campaign did take place, information on its actual content would be appreciated.

2. On the basis of what criteria were the messages that were used in the campaigns chosen in preference to others?

3. What is the reason for the observation that while great efforts were made to publicize children's rights "a large part of the population is still ill-acquainted with them and with their implications"? Was there no planning of objectives and strategy by professionals in communications and education?

4. The Government of El Salvador has unquestionably fulfilled its commitment in political terms and in terms of publicity. However, it is clear from the report that the measures carried out have not achieved the necessary impact. Is this because the concept and culture of the child is still not considered important?


DEFINITION OF THE CHILD IN SALVADORIAN LEGISLATION


1. What weight is currently given to "protection" for minors in government thinking and measures and to the need for recognition of children as subjects of law?

2. As regards the definition of a child, it is clear that there is still incompatibility between the concepts used in the Civil Code and the Minors' Code: what steps have been taken to bring them into line with the concept used in the Convention?

3. This inconsistency regarding age also appears in the Penal Code. What is being done about it?

4. What is the size of the total population aged from 0 to 17 in El Salvador?

5. What is the school-age population catered for by preschool, basic and special education? What conclusions are to be drawn from this?

6. What is the rate of failure in schools (truancy, drop-out, repeating years, non-enrolment, etc.)?

7. Is education actually free? What proportion of education is private in El Salvador?

8. To what extent is the Labour Code complied with as regards children? 9. Are boys and girls treated differently as regards work? For example? 10. While the Civil Code establishes the age of marriage, how many unions are there in fact between adolescents in El Salvador? How is this issue addressed by the State and by the family?

11. How is the problem of under-age mothers dealt with?

12. How is the Military Service Act being complied with? Is respect for minors observed? What happens in the case of young people from the country? Are they treated on equal terms with those from the towns?

13. Alcohol consumption by children is a punishable offence; however, it is well known that the law is broken. How does the State protect children from drinking?

14. What are the implications of drug consumption by Salvadorian children? What steps are taken by the State in addition to those required by law? Is there a preventive, rather than a punitive policy?

15. The approaches described are of a highly punitive nature. What is done in terms of prevention? Does the law promote any type of activity? Why is no mention made of any contradiction?

16. On what grounds are minors aged under 14 not allowed to testify?

17. To what extent is article 46 of the Code of Penal Procedure being complied with? Have there been many instances?

18. What measures are being adopted to deal with the gaps in the law on children and their rights?

19. The Family Code Bill is intended to be up to date and in line with modern trends. What likelihood is there of it being adopted in the immediate future? What priority has the Government given to its adoption?

20. What likelihood is there of the Bill to provide enhanced protection for juvenile offenders being effectively implemented by the State? What would be the main difficulties that would be faced?

21. Would the Family Procedural Code Bill provide solutions to the various problems connected with the founding and bringing up of a family?

22. Who finances the multidisciplinary family support teams? Will these teams be confined to towns and to the countryside, to departmental capitals or to districts?

23. As regards the Bill relating to the establishment of Family Courts, to whom will they be responsible within the State organization? Has consideration been given to serving rural and outlying districts?

24. In view of its administrative character, will not the Bill relating to the establishment of the Salvadorian Institute for the Protection of Minors lead to delays in addressing the rights of minors?

25. Are the proposed reforms of the Civil Code the most pressing ones? Are there not other reforms deriving from the commitment to observe the Convention that merit priority?

26. How are the reforms of the Penal Code, the Code of Penal Procedure and the Minors' Code in respect of protection for children made compatible in relation to the agencies established to protect minors?

27. Does the Bill relating to freedom of expression and freedom to publicize ideas take into account the recommendations of the Convention? How is it possible to harmonize it with certain articles of the Convention relating to this freedom?

28. Would the reform of the Judicial Organization Act imply the establishment of a specific organization to deal with minors? Would this mean that minors would not be protected under the law in El Salvador?


GENERAL PRINCIPLES


1. Although the legal order establishes non-discrimination, how is this principle applied in practice? Is there not discrimination between town and country between the haves and the have-nots, or as regards job opportunities?

2. As the difficulties described are surmountable, are they not an excuse for the lack of a real desire to preserve the principles of children's rights because of the various difficulties to which this gives rise?

3. The report states that "action to prevent discrimination against minors is further undermined by the lack of legal means for control and supervision"; this would seem to contradict what is laid down by the legal order. How does civil society address this problem and to what extent is it actually possible to ensure that the principle of non-discrimination is observed in practice?

4. How is observance of the principle of "the best interests of the child" assessed in qualitative and quantitative terms?

5. What coverage is provided by the programme for children classed as street children? Is it possible to repeat this experiment in other towns in El Salvador? What is the approximate number of street children?

6. How many children are treated in the Centre for the Prevention and Care of Maltreated Children? Does it employ specialized personnel? How many maltreated children are there in El Salvador? How is the implementation of this programme assessed? What are its future prospects?

7. What is the coverage of the child population by the programme for comprehensive assistance to the victims of sexual aggression? What problems does it face? Do the three clinics possess the necessary means to operate and provide care? How are boys and girls in rural areas and outlying districts treated?

8. What are the objectives of the young mothers' programme? Does it possess sufficient means to provide pre- and postnatal care? What assistance is given to young mothers after they have given birth as regards their integration into society?

9. What is the coverage of the "planning your life" programme among the child population? Why has no attempt been made to integrate it into the school curriculum? From the standpoint of teaching methods is the programme out of step with young people's activities and their daily life? How does the programme address the case of young people who do not attend school or other institutions? How is its performance evaluated?

10. Is the community maternal homes programme an educational welfare programme; or does it aim to promote broader objectives within another programme? Is its coverage national or local? How is its performance evaluated?

11. What has been the impact of this programme among the community? What target population was it intended to cover? What have been the major achievements and what are the most significant problems encountered?

12. How is the performance of the Salvadorian Council for Minors assessed? What overall achievements may be shown to illustrate the impact of its action over the last two years?

13. Do the school homes provide a special form of treatment within the national education system? Are the existing school homes capable of coping with the nationwide demand? What have been the main achievements in adopting actual policies to care for abandoned minors.

14. Are the nurseries run by specialized personnel, by staff with ad hoc training or by volunteers? How are they accepted by the community?

15. How many children are cared for by substitute homes? How many substitute homes are there in El Salvador, who runs them and who is responsible for their upkeep and funding?

16. On which State agency does the Family Social Assistance Programme depend and how many families does it cater for? Is it a nationwide programme and what difficulties does it face?

17. How has the Family Guidance Programme been accepted by the community? What is its coverage among the population, what are its most significant achievements and what difficulties does it face?

18. What assessment may be made of the work carried out by the Ministry of Justice through the Directorate-General for the Protection of Minors? Has it provided an immediate response to problems? Has it faced political handicaps in implementing its policy and have the necessary funds been available? What problems have emerged?

19. Is the community aware of the programmes and projects of the Directorate-General for the Protection of Minors? Do they match the needs of abandoned minors and their families? What difficulties can be seen?

20. What assessment can be made of the activity of the Ministries of Education and Health in connection with the rights of the child and the requirements of the Convention?

21. Does not the work of the National Commission for Area Restoration overlap with the action of the education, health and justice sectors? Does this not lead to duplication? What form of coordination is practised?

22. How does the Social Investment Fund of El Salvador perform its social function nationwide? What coverage does it provide among the population?

23. What is the coverage provided by the Social Planning Committee/San Salvador Mayor's Office? What difficulties does it encounter in achieving its objectives?

24. Is the contribution made by the "other institutions" solely material? How could better use be made of the support they provide?

25. Of the difficulties described in the report, which is the most significant? How could it be solved?


CIVIL RIGHT AND FREEDOMS


1. What assessment can be made of compliance with Salvadorian legislation on the minor's right to life, survival and development? Are there any factors that indicate systematic failure to comply with this legislation and if so, what are they?

2. Similarly, how are the rights of women before and after childbirth complied with.

3. Have the operational measures implemented been sufficient? What shortcomings can be identified and what is necessary to ensure that these measures are fully implemented?

4. How has the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment been complied with? Have there been any complaints regarding violations; if so, from whom, and what has been the Government's response?

5. To what extent are the requirements of the Constitution and the Minors' Code regarding the right not to be subjected to torture or cruel treatment complied with?

6. What procedure is followed as regards compliance with this right in terms of any complaints that may be made?

7. How is the right to a name and nationality complied with? Are there any children without papers, and if so, what percentage?

8. What measures have been adopted to deal with the problem of the registration of births? What facilities does the State provide?

9. What assessment can be made of observance of the right to the protection of privacy?

10. How is the principle of freedom of thought, belief and religion complied with? Have there been any problems in this regard? To what extent?

11. What is the situation regarding freedom of expression, access to relevant information and respect for the child's views? What measures have been adopted and how are they observed by the authorities and by adults directly involved with children?

12. Is it not true to say that legislation connected with freedom of expression, information and opinion is extremely punitive and that it does not promote observance of this right?

13. How could the difficulties affecting the observance of these rights be summed up in a few words?

14. Could some indication be given of the impact of compliance with and observance of these rights? Why is this so?


FAMILY ENVIRONMENT AND ALTERNATIVE CARE


1. Since the Constitution makes it mandatory to carry out programmes to promote the stability of the family, what other factors, apart from the civil conflict, account for the delays?

2. How are the rights to protection, assistance, education, security, paternity, responsibility, legal recognition, the correct administration of property, maintenance and all-round education respected? What happens if these rights are not systematically observed? Are there any means by which people or users may demand that they be observed? What is the extent of compliance, over and above legal requirements?

3. What is the incidence of separation from parents? What population is regularly cared for by child care centres?

4. Although payment of maintenance is guaranteed by law, how is this legally enforced?

5. Are there many children deprived of a family environment who are cared for?

6. What is the incidence of adoption in El Salvador? Is the law observed or are there informal ways of adopting minors? How many adoptions are granted each year? How many children are handed over to couples unlawfully?

7. Although abuse and neglect (physical and psychological recovery, lack of care by parents, guardians or others responsible under the law) are punished, what is the incidence of these offences in El Salvador? How are cases of abuse and lack of care followed up?

8. Are the periodic reviews of juveniles in placement carried out as required? How many juveniles are in placement?

9. Statistical data have always been a weak point of States. The figures provided would require methodological explanation before the indicators used could be assessed. Are the figures given for the Republic as a whole, the capital or departmental capitals?

10. What solutions are proposed for the difficulties described? Have the measures to be carried out in order to remedy the situation been duly planned and assigned priority?


BASIC HEALTH AND WELFARE


1. Despite the economic, social and political situation in El Salvador, what priorities have been set in order to protect the health of families and children? How is the question of mental health addressed?

2. Is health care in El Salvador only provided by the system of the Ministry of Health and Social Welfare, or are there other, private or non-governmental systems?

3. What is the approximate size of the child population cared for nationwide?

4. How is health care and welfare evaluated? How could it be improved?

5. Infant mortality and morbidity have an incidence on foreseeable diseases. What steps are being taken by the State to carry out prevention campaigns?

6. Are infectious diseases and malnutrition responsible for most mortality and morbidity? What policy is the Government following to ensure stricter control?

7. As most cases of maternal mortality concern adolescents, what is the Government doing in terms of education and health policy to prevent this?

8. What educational campaigns are being carried out to reverse the trend that has led to breast-feeding not being very widespread in El Salvador?

9. The World Bank assessment indicates that infant mortality had been reduced in El Salvador. What other figures are available within the country?


EDUCATION, LEISURE AND CULTURAL ACTIVITIES

1. What are the main educational problems that emerge from the diagnosis of this sector?

2. What are the reasons for failure at school in El Salvador?

3. What has been achieved since the Convention was signed to comply with the requirement to provide children and young people with a quality education? 4. Since it is regional policy to give priority to the education and health sectors, what has been the nature of the changes made?

5. How has education been modernized and its functions decentralized? Please give some examples of achievements. How has this issue been addressed in rural areas?

6. Does the Government of El Salvador possess the political will to bring about far-reaching changes in education?

7. How is the readjustment programme affecting changes in education?

8. In what levels of education has the emphasis on the quality of educational services been most felt? Is it possible to detail its impact?

9. Is it possible to assess the quality of education solely in terms of achievements in planning, or have there been any other achievements in the two years since the Convention was signed?

10. Have the recommendations or experience of non-governmental organizations or international support institutions been incorporated?

11. In real terms what is the size of the education budget in El Salvador? How much goes on teachers' salaries? What is the level of expenditure per pupil?

12. What is the nature of the General Education Act?

13. What contribution is made by international agencies in the educational field? How is this aid distributed?

14. Is it possible to speak of a development strategy in the educational field? Where does the initiative come from?

15. How is the teaching profession involved in designing reforms and in modernizing education?


SPECIAL PROTECTION MEASURES


1. Has a census been carried out of children affected by the armed conflict? If so, how many are they?

2. Have any programmes been prepared to care for these children? Has the initiative for such programmes been taken by the Government or by non-governmental agencies?

3. Are the measures planned to deal with the situation operating regularly? What population do they care for? Are they subsidized by the Government, by international aid or by non-governmental sources? Please specify the amounts.

4. What results are apparent from the programmes?

5. How has it been possible to come to grips with and overcome the difficulties described which encompass various fields?

6. Are many children in conflict with the law? What percentage of the population? What are the main abuses committed against them?

7. Were the corrective measures designed by the State or by other agencies? What are the main difficulties encountered in implementing them?

8. To what extent were the rights of children observed in war zones? Were there any projects or programmes? What steps were taken in such cases?

9. Measures to combat abuse of children are generally repressive. Is this the case in El Salvador?

10. Is it only in the economy that children are subject to exploitation? What is the State doing to protect children from this type of exploitation?

11. Does the State encourage the development of preventive programmes to combat drugs and their effects? Does it allow other agencies to become involved? What activities are undertaken in conjunction with parents?

12. Sexual abuse and exploitation is one of the region's major problems. What percentage of the child population suffer from this in El Salvador?

What steps are being taken by the State apart from specifying the grounds for punishment by law?

13. What measures have been taken by the Government to combat the sale of, trafficking in and abduction of children? Are there many such cases?

14. Do the children of ethnic minorities have the same rights as other children in El Salvador?

15. What percentage of children are disabled? Is this problem dealt with by the State, private bodies or international agencies?

16. In view of the difficulties described, what steps are being taken? Do the authorities actually have the political will to observe and ensure observance of the rights of the child?


PLANNED ACTION


1. As regards the range of legislative measures taken by the Government of El Salvador, what are the main difficulties foreseen with regard to their implementation?

2. What difficulties have been encountered as regards plans to sign, ratify and accede to international ILO and human rights treaties connected with the rights of the child and how is it planned to overcome them?

3. What progress has been made towards ensuring that non-discrimination does not in practice work against children's interests?

4. Are the provisions of the law applied when discrimination is detected or complaints of discrimination are made?

5. What specific measures are being adopted to ensure that society and its institutions respect the rights of the child and do not discriminate against children?

6. Is the range of measures designed in regard to the best interests of the child being implemented? What objective assessment may be made of them?

7. Is there a political will in the education and health sectors and in the Government as a whole to give priority to implementing the proposals put forward for legislation and programmes of care? What assessment can be made of the achievements and failures?

8. As regards the planned action in the field of the rights and freedoms of the individual, to what extent has what was planned been achieved?

9. Does there not seem to be a contradiction between earlier statements and the remarks made under the heading "family environment" regarding the intention to "draw up a comprehensive policy for the protection of minors"?

10. How is it possible to account for the diversity of approaches described covering the design of measures, political will and new political measures? Is this not a negative indicator as regards compliance with the Convention?

11. Under the heading "Action in regard to health", new measures or the design of new measures are proposed. How is it possible to harmonize them with existing measures and proposals mentioned in the main body of the report?

12. Similarly, in the sphere of education new measures are mentioned and no reference is made to a comprehensive approach to the problem. What assessment may be made?

13. While the quantitative targets are significant, what guarantees are there that the results will be attained? What assessment may be made as regards future policy plans to achieve the targets set?

14. The complexity of problems in the health and education spheres demands a political will to address the problem in a comprehensive and radical fashion, and not secondary measures. What assessment may be made of the combination of efforts by the Government, UNHCR, cooperation agencies, national non-governmental organizations, local government and other bodies addressing this issue?

15. As regards children in conflict with the law, only future projects are mentioned. What is being done to lay the foundations for sustained care? 16. Similarly, measures to prevent the exploitation of children are planned for the future. What feedback is there from programmes already under way? What is being done by non-governmental organizations and other bodies?


CONCLUSIONS


1. Why is there so little self-criticism by the State in the conclusions? Would it not be more worthwhile to demonstrate the political will to address the problem of compliance with the Convention in strategic terms and as a matter of priority?

2. What priorities have been set in order to tackle the problem immediately by pooling efforts, projects and economic and material resources? Is this possible?

Note: A constant feature of the report is the desire to cling to the legal framework, to the prospect of future action. It is short on self-criticism regarding the abuses suffered by children. There is no sign of any political will to give priority to the spheres of health and education, which need to be addressed as a matter of priority. Any possibility of action seems to be dependent on a feeling of being under the sway of a set of external forces that have come together as a result of the recent conflict.


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Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland