List of Issues : Guatemala. 02/02/2001.
CRC/C/Q/GUA/2. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-seventh session
Pre-sessional Working Group
29 January-2 February 2001


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 Guatemala

(CRC/C/65/Add.10)

PART I


Under this section the State party is requested to submit in written form additional and updated information, if available (before 6 April 2001):

A. Data and statistics

1. Please provide disaggregated data (by sex, age, indigenous and minority groups, urban or rural areas) covering the period between 1998 and 200O on the:

a) number and proportion of children under 18 living in the State party;

b) rates of infant and child mortality;

c) proportion of children with low birth weight;

d) proportion of children affected by acute and chronic malnutrition;

e) number and proportion of children with disabilities;

f) number of children with disabilities either taken care at home or living in institutions;

g) number of children in domestic and intercountry adoptions;

h) number of children living in displaced communities;

i) number of children living in the streets.

2. With reference to the information provided in paragraph 125 of the report, please provide disaggregated data (by age, sex and types of violations reported), on the:

a) number of reports on violations against children received by the Standing Commission on Children and Adolescents (COPANJ) per year between 1998 and 200O;

b) number of reports on child and youth abuse received by the General Procurator's Office per year between 1998 and 200O;

c) number and percentage of reports which have resulted in either a court decision or other types of follow-up.

3. Please provide disaggregated data (including by sex, age, indigenous and minority groups and urban/rural areas) covering the period between 1998 and 200O on the:

a) rate of literacy below and over 18 years;

b) enrollment in percentage of children in primary schools;

c) enrollment in percentage of children in secondary schools;

d) percentage of children completing primary and secondary schools;

e) number and percentage of drop-outs;

f) ratio teacher per children;

g) number of children who benefit from the bilingual education programme;

h) number of children who benefit from the Comprehensive Care Programme for Children Under Six (PAIN);

i) number of children with disabilities integrated in regular school who benefit from the special education system, as described in paragraph 158 of the report;

j) number of working children who benefit from the educational loan programme, as described in paragraph 270 of the report.

4. Please provide disaggregated statistical data including by sex, age, minority groups or ethnic origin and region, on adolescent health, including sexually transmitted diseases (STDs), HIV/AIDS, early pregnancy, drug and alcohol abuse covering the period between 1998 and 200O.

5. In light of articles 37, 40 and 39 of the Convention, please provide appropriate disaggregated data (including by sex, age, indigenous and minority groups and type of crime) covering the period between 1998 and 200O, in particular on the number of:

a) minors, who have allegedly committed a crime, reported to the police;

b) minors who have been sentenced and type of punishment or sanctions;

c) detention facilities for juvenile delinquents and their capacity;

d) minors detained in these facilities;

e) the percentage of recidivism cases;

f) reported cases of abuse and maltreatment of children occurred during their arrest and detention.

6. With reference to special protection measures, please provide statistical data (including by sex, age, urban/rural areas) per year between 1998 and 200O on the number of children:

a) involved in sexual exploitation, including prostitution, pornography and trafficking;

b) involved in sexual exploitation who received rehabilitation treatments;

c) affected by armed conflict who received psychosocial rehabilitation

d) involved in child labour who are under 14.




B. General Measures of Implementation

1. Please provide additional information on legislative measures taken to review existing laws in order to ensure compliance with the Convention on the Rights of the Child, in particular regarding the postponement of the introduction of the new Code on Children and Youth and the regulation of intercountry adoption.

2. With regard to the information provided in paragraph 29 of the report, please provide additional information on the National Children's Council, in particular on its mandate, composition, financial and human resources and its coordination with the Departmental and Municipal Children's Councils and the Municipal Children's Protection Boards. Further, please also indicate whether there is a focal point on children issues within the Government. In addition, please provide further information on measures taken to ensure the monitoring of the implementation of the Convention by an independent body.

3. In light of article 4 of the Convention and with reference to the information provided in paragraphs 45-51 of the report, please provide additional information and disaggregated data (by age and sex) on the amount and proportion of national budget, devoted to children at central and local level, preferably in the last 3 years (1999-2001), to:

a) education (different types of education, i.e. 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) children with disabilities;

d) the protection of children who are in need of alternative care including the support of care institutions;

e) juvenile justice.

Please also indicate the percentages of these allocations derived from international sources and provide more information on the Master Plan of Operations for 1997-2001 established by SEGEPLAN and UNICEF.

4. Please provide further information on measures taken to increase awareness on the Convention among government officials and the population in general. Please provide additional information on how governmental institutions cooperate with non-governmental organizations, especially with reference to the participation of representatives of civil society in the design and implementation of policies and programmes for children.


PART II

Please provide 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, States parties are invited, whenever appropriate, to briefly (3 pages maximum) up-date the information provided in their report with regard to:

- new bills or enacted legislation

- new institutions

- newly implemented policies

- newly implemented programmes


PART IV


The following is a preliminary list of major issues that the Committee intends to take-up during the dialogue with the State party. THEY DO NOT REQUIRE WRITTEN RESPONSES. This list is not exhaustive as other issues might be raised in the course of the dialogue.

The dialogue with the State party might include issues such as:

1. Follow up by the State party of the previous recommendations made by the Committee after the consideration of the State party's initial report.

2. Legislation, policies and programmes implemented and/or foreseen to prevent discrimination against the most disadvantaged groups of children, in particular children living in rural areas, indigenous children, the rural and urban poor, children living in displaced communities and girls, and to ensure their rights in compliance with the Convention.

3. Information about the implementation in practice (e.g., in court decisions, in decisions by administrative bodies, in developing national and local policies on children's issues) of the principles of 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).

4. Steps undertaken to enforce the registration of children, in particular girls living in rural areas.

5. Steps undertaken to comply with the recommendation of the Historical Clarification Commission (CEH) to create a National Commission for the Search of Disappeared Children and results of the programme to locate the parents or relatives of any child or adolescent, in particular the programme of reunification of URNG members with their families.

6. Availability, quality and efficiency of health care services for children, in particular in rural areas. Impact of the Comprehensive Health Care System (SIAS), of the national plan for the reduction of the maternal and perinatal mortality and of the national mother and child programme. Measures taken to overcome the malnutrition problem. The situation of children with disabilities.

7. The situation of abuse and neglect, including sexual abuse within the family, and domestic violence. Additional information on the National Commission against Child Abuse (CONACMI) and the impact of the campaign and the training to prevent child abuses. Strategies developed to prevent child abuse and mechanisms established to adequately assist both the victims and perpetrators of abuse. Further, the use of corporal punishment in families, schools, care and other institutions and whether alternative disciplinary measures have been developed to combat this practice.

8. Reports on cases of children, in particular children living and/or working in the street, who have been the victims of torture or other cruel, inhuman and degrading treatment, including cases of police brutality.

9. The situation of intercountry adoptions and whether the State party is considering enacting an Act on adoption and acceding to the Hague Convention of 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption. Measures undertaken to combat "…the networks of child traffickers linked to third countries, the involvement of private homes in the illegal taking of children for adoption and irregularities in some of the judicial bodies that deal with adoption proceedings…", as mentioned in paragraph 142 of the report.

10. Impact of measures taken to encourage regular attendance at school and to reduce the number of children not attending compulsory primary school, in particular among children belonging to more disadvantaged groups.

11. Measures taken to implement policies and programmes to combat child labour and, in particular, the problem of children living and working in the street.

12. The scope of the social phenomenon of sexual exploitation of children as well as measures taken to prevent and combat it.

13. The situation of children belonging to indigenous groups and who live in displaced communities.

14. The juvenile justice system (children in conflict with the law) with particular attention to the following topics:

a) deprivation of liberty as a measure of last resort;

b) practical provision of legal aid;

c) protection of the privacy;

d) continued contact between the child and his/her family;

e) effective monitoring of facilities;

f) the separation of children from the general prison population;

g) complaints procedures to deal with issues such as ill-treatment and violations of children's rights;

j) education, health and social services for children in detention;

k) programmes to ensure the physical and psychological recovery and social reintegration of children;

l) special protection for all children below the age of 18 years.


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