Lists of Issues - CRC - El Salvador

List of issues : El Salvador. 10/02/2004.

CRC/C/Q/SLV/2. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-sixth session
Pre-sessional Working Group
3-6 February 2004

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration of the
second periodic report of EL SALVADOR (CRC/C/65/Add.25)

Part I

Under this section the State party is requested to submit in written form additional and updated information, if possible, before 5 April 2004.

A. Data and statistics, if available

1. Please provide disaggregated data (by gender, age, indigenous and minority groups, urban and rural areas) covering the years 2001, 2002 and 2003 on the:
a) number and proportion of children under 18 living in the State party;
b) number and proportion of children belonging to indigenous, minority, refugee and internally displaced groups.

2. In light of article 4 of the Convention, please provide additional disaggregated data for the years 2002, 2003 and 2004, on budget allocations and trends (in absolute figures and in percentages of the national and regional budgets or GDP) allocated to the implementation of the Convention, evaluating also the priorities for budgetary expenditures given to the following:
a) education (different types of education, i.e. pre-primary, primary and secondary education);
b) health care (different types of health services, i.e. primary health care, vaccination programmes, adolescent health care and other health care services for children);
c) programmes and services for children with disabilities;
d) support programmes for families;
e) support for children living below the poverty line;
f) the protection of children who are in need of alternative care including the support of care institutions;
g) programmes and activities for the prevention of and protection from child abuse, child sexual exploitation and child labour;
h) programmes and services for street children and abandoned children;
i) juvenile justice.

Please also indicate the expenses of the private sector, in particular for health and education.

3. With reference to children deprived of a family environment and separated from parents, please provide disaggregated data (by gender, age groups, indigenous and minority groups, urban, rural and remote areas) for the years 2001, 2002 and 2003 on the number of children:
a) separated from their parents;
b) placed in institutions
c) placed with foster families;
d) adopted domestically or through inter-country adoptions.

4. Please specify the number of children with disabilities, disaggregated by sex, age and indigenous and minority groups, covering the years 2001, 2002 and 2003:
a) living with their families;
b) in institutions;
c) attending regular schools;
d) attending special schools; and
e) not attending any school.

5. With reference to child abuse, please provide disaggregated data (by age, gender, indigenous and minority groups and types of violations reported) for the years 2001, 2002 and 2003 on the:
a) number of individual complaints received per year in the last three years;
b) number and percentage of reports which have resulted in either a court decision or other types of follow-up.

6. Please provide disaggregated data (by gender, age groups, indigenous and minority groups, urban, rural and remote areas) for the years 2001, 2002 and 2003 on:
a) the enrolment and completion rates in percentages of the relevant group in pre-primary schools, in primary schools and in secondary schools;
b) number and percentage of drop-outs and repetitions;
c) number and percentage of children not attending school at all;
d) ratio teacher per children.

7. Please provide disaggregated statistical data (by gender, age groups, indigenous and minority groups, urban, rural and remote areas) on adolescent health, including early pregnancy, sexually transmitted diseases (STDs); mental health, suicide, drug, alcohol and tobacco abuse as well as rates of infant and child mortality and of malnutrition for the years 2001, 2002 and 2003. Also, please provide numbers of health professionals working in the health care services for children.

8. Please provide disaggregated statistical data (including by gender, age groups, indigenous and minority groups, urban, rural and remote areas) on children infected or affected by HIV/AIDS, as well as information on programmes implemented to address the problems of these children.

9. Please provide appropriate disaggregated data (including by gender, age, indigenous and minority groups, and type of crime) for the years 2001, 2002 and 2003, in particular on the number of:
a) persons below 18 who have allegedly committed a crime, reported to the police;
b) persons below 18 who have been sentenced and type of punishment or sanctions related to offences including length of deprivation of liberty;
c) detention facilities for juvenile offenders (under 18) and their capacity;
d) persons below 18 detained in these facilities and persons below 18 detained in adult facilities;
e) persons below 18 kept in pre-trail detention and the average length of their detention;
f) reported cases of abuse and maltreatment of persons below 18 occurred during their arrest and detention;
g) number of persons below 18 detained and sentenced since the implementation of the "Tough Hand Plan" (Plan Mano Dura) and the Anti-Gangs Law.

10. With reference to special protection measures, please provide statistical data (including by gender, age, urban/rural areas) for the years 2001, 2002 and 2003 on:
a) the number of street children and children involved in sexual exploitation, including prostitution, pornography and trafficking;
b) the number of children involved in sexual exploitation who received rehabilitation treatments;
c) the number of unaccompanied minors, asylum-seeking and refugee children;
d) the number of children who 'disappeared' in El Salvador during the armed conflict from 1980 to 1991 and the number of children who have been traced so far.

B. General Measures of Implementation

1. Please provide information on those recommendations contained in the Committee's previous observations (CRC/C/15/Add.9) which have not yet been fully implemented, in particular those related to educational programmes and awareness-raising campaigns to address the problems of gender-based discrimination and discrimination against disabled children (para. 18); and measures taken for the protection of children belonging to vulnerable groups and children subject to abuse or violence within the family (para. 19).

2. Please provide clarification on the status of the Convention in domestic legislation and provide information on cases, if any, where the Convention has been directly invoked in the courts.

3. Please provide updated information on mechanisms to coordinate policies and programmes on children's rights, including services for children, among relevant departments and ministries and between the central and local levels.

4. Please provide further information on the new National Policy for the Integrated Development of Children and Adolescents, which was adopted in 2001 and recently reviewed with a view to bringing in into conformity with the Convention (paras. 138 and 139 of the report), including information on the body charged with overseeing its implementation. In particular, please indicate whether and to what extent this National Policy constitutes a comprehensive national plan of action, which covers all rights of the Convention and sets out specific time bound and measurable goals and targets; and how it relates to the outcome document "A World Fit for Children" adopted at the UN General Assembly Special Session on Children (2002).

5. Please provide further information on the mandates of the Office of the Procurator for the Protection of Human Rights and the Office of the Deputy Procurator for the Rights of the Child and on human, financial and other resources available to run its operations. Further, please provide information as well on measures taken to effectively guarantee and protect the proper functioning of these offices.

6. Please provide additional information on the system for data collection and whether it covers in a disaggregated way all children under 18 and all areas under the Convention.

7. Please provide information on the Anti-Gangs Law approved in October 2003, in particular on the concept of a "qualified adult" (adulto habilitado) introduced by this Act and on measures in place to ensure that this law is in full compliance with the rights of children in conflict with the law (see in particular arts. 37 and 40 of the Convention).

8. Please provide information concerning the implementation of the Domestic Violence Act (paragraphs 106-112 of the report), inter alia, measures taken, results of evaluations of the impact of the law, etc.

9. Please provide further information on efforts to raise awareness about and provide training and information on the Convention and on human rights in general.

10. Please provide information on the existing practice, structures and/or agreements regarding cooperation between the Government and non-governmental organizations involved with the promotion and protection of children's rights.

11. Please indicate the issues affecting children that the State party considers to be priorities requiring the most urgent attention with regard to the implementation of the Convention

Part II

Please provide the Committee with copies of the text of the Convention on the Rights of the Child in all official languages of the State party as well as in other languages or dialects, when available. If possible, please submit these texts in electronic form.

Part III

Under this section, the State party is to briefly (3 pages maximum) up-date the information provided in its report with regard to:

- New bills or enacted legislation
- New institutions
- Newly implemented policies
- Newly implemented programmes and projects and their scope.

Part IV

The following is a preliminary list of major issues (that does not contain issues already covered in Part I) that the Committee may take up during the dialogue with the State party. They do not require written answers. This list is not exhaustive as other issues might be raised in the course of the dialogue.

1. Measures to strengthen the Convention's implementation with particular attention to the general principles of the Convention: non-discrimination (art.2); the best interests of the child (art.3); the right to life, survival and development (art. 6); and the right of the child to be heard (art.12).
2. Disappeared children and measures taken by the State party in that regard.
3. Children with disabilities.
4. Indigenous children.
5. Birth registration.
6. Children living in institutions, including orphans.
7. Alimony and enforcement of decisions concerning maintenance obligations.
8. Adoption and protection of children placed in foster care.
9. Violence against children, including ill-treatment and corporal punishment.
10. Access to quality health care.
11. Access to quality education.
12. Economic exploitation, including child domestic workers.
13. The situation of street children.
14. Sexual exploitation.
15. Juvenile Justice, including alternative forms of sanctions for young offenders.

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