List of issues : Honduras. 18/02/94.
CRC/C.6/WP.2. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Sixth session
Pre-sessional Working Group
31 January-4 February 1994


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 Honduras
(CRC/C/3/Add.17)

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

1. Please provide more details about the process of preparing the report, in particular with regard to popular participation and the involvement of non-governmental organisations.

2. To what extent have school curricula been adjusted to give room for education about the Convention?

3. Are there training programmes for social workers, teachers, health personnel, lawyers, the police and others who work with children about the principles and norms of the Convention?

4. Please describe the national institutions created since the submission of the report to promote the rights of the child and monitor implementation.

5. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

6. What plans are there for the adoption of the new Minors'Code? What other legal changes have been adopted as a consequence of the ratification of the Convention?

7. What plans exist to implement the provisions of the Convention at the national and local level? Please describe steps taken to implement article 4 in regard to the allocation "to the maximum extent of available resources for the rights of the child".

8. Please indicate what proportion of the national budget is allocated to social priorities for children in official budgets, both central and local.

9. To what extent is international cooperation designed in order to enhance the implementation of the Convention? What share of international assistance is devoted to programmes which benefit children?

10. Have the programme of the Social Investment Fund and other initiatives for "social compensation" been evaluated? What are their impact in relation to disadvantaged children?


Definition of the child
(Article 1 of the Convention)

11. In the light of paras. 20 and 21 of the report, please provide further information on the notion of citizenship and on the way it may affect the exercise by the child of his or her rights, namely in the light of article 5 of the Convention.


General principles

Non-discrimination (Article 2)

12. Please indicate to what extent the provisions of article 2 are covered in national legislation with regard to all possible grounds for discrimination spelled out in that article (see inter alia para. 23e of the report as regards age of marriage).

13. Please indicate specific and concrete measures taken to combat discrimination against girls/rural children/children belonging to minorities or indigenous communities/disabled children, including measures to eliminate and prevent discriminatory attitudes and prejudices.

14. What is done to prevent that children of poor families are discriminated in the enjoyment of their rights?

15. What efforts are being made to collect disaggregated data for groups of children on aspects relating to the Convention?

Best interests of the child (Article 3)

16. Please indicate in what ways the "best interests of the child" are taken into consideration in the legislation including the new draft Minors' Code, as well as in judicial, administrative or other proceedings (see inter alia para. 202b of the report)




The right to life, survival and development (Article 6)

17. Please indicate the steps taken to create an environment conducive to ensure "to the maximum extent possible" the survival and development of the child.

Respect for the views of the child (Article 12)

18. What concrete measures have been taken to sensitive public opinion and educate personnel working with children about the need to encourage children's participatory rights?

19. Please indicate the ways in which the principle of respect for the views of the child is reflected in all matters affecting the child, particularly in judicial and administrative proceedings.


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

20. Please indicate measures taken or envisaged to ensure that all children are registered after birth, including sanctions in the case of failure to register or untimely registration. What measures are taken to facilitate the registration particularly in rural areas? What steps are taken to ensure that all children have identity documents?

21. How are children protected from violence and harmful influences in the mass media?

22. What concrete steps have been taken to protect children, for instance in case of sexual abuse, from harmful exposure in the mass media?

23. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaint procedures which can be used by children themselves against such violations? What concrete steps have been taken to investigate cases of ill-treatment of children and prevent its occurrence?


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)

24. What legislative measures have been adopted to protect the child against abuse and maltreatment as laid down in art. 19 of the Convention? How are these provisions enforced? Is research undertaken into the problem of ill-treatment and sexual abuse of children, including into social factors which influence such violations? What procedures exist for intervention by the authorities in cases where a child needs protection from serious abuse within the family? Are there prevention programmes in this field?

25. Please indicate what institutions exist for alternative care, how they are administered, the number of children under such care, and procedures for monitoring their conditions.

26. What measures are taken to ensure that parents giving up their children for adoption are allowed sufficient opportunity to weigh the consequences and alternatives? What are the precise procedures for inter-country adoptions? How are they monitored? At what age can a child him/herself influence a decision on adoption?


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

27. Please provide information on measures taken to guarantee poor children adequate access to health care. Please comment on the balance between curative and preventive health programmes.

28. What efforts are made under the primary health care programme and PNI to reduce malnutrition? Is there any supplementary feeding programme for children?

29. What plans have been developed to combat HIV-virus and AIDS?

30. Please provide information on the situation of disabled children, including access to education, training, health care services, preparation for employment and recreation opportunities.

31. Please provide information on the social security system and how children can benefit from it.


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

32. What is being done to improve school attendance in remote areas? What are the concrete measures to prevent children from dropping out of school, engaging in work, and what are their results?

33. What is the real cost for the family of having a child in school at the different levels? What is done to allow for children from poor families to continue their education?

34. What measures are taken to improve the quality of education and teaching? What plans are there to ensure a sufficient number of teachers in the school system, to enhance their competence, and to ensure adequate educational facilities? How many teacher training institutions are there and how many persons graduate from these institutions each year?

35. Please indicate whether children belonging to indigenous peoples may be taught in their own language.


Special protection measures

a. Children in situations of emergency (Arts. 22, 38 and 39 of the Convention)

36. What concrete measures are taken to stop recruitment by force of children under the age of 18 years to the armed forces?

37. What measures are taken to ensure that the rights of refugee children would be protected in future, in particular in regard to registration of birth, care for unaccompanied children and the right to attend school.

b. Administration of juvenile Justice (Arts. 40, 37 and 39 of the Convention)

38. Please provide detailed information on the system of administration of juvenile justice and on the situation of children in conflict with the law and, in particular, on the following questions:

- What steps have been taken towards the adoption of the Minors Code, mentioned in para. 189 of the report and what areas are at present considered not yet to be fully in conformity with the Convention;

- In the light of para. 192 of the report, in what way are the safeguards recognized by article 40 of the Convention fully respected in the cases where children are submitted to the Special Law of Minors?

- The "various dispositions of the kind mentioned" in article 40 para. 3b), and para, 4 of the Convention existing in Honduras and in what way the "economic circumstances of the country" prevent their full implementation;

- The notion of children in "irregular behaviour" reflected in the report (inter alia in paras. 100 and 105), the measures envisaged to ensure their effective protection; in what way the safeguards provided in the Convention, namely in articles 37 and 40, are fully implemented, and the way in which article 25 of the Convention is taken into consideration;

- The prohibition of unlawful or arbitrary deprivation of liberty;

- Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

- In what way are the penalties provided for in paras. 198 and 199 of the report applicable to children and in what way are they considered to be compatible with article 40 para. 1 of the Convention (see also para. 183 of the report).

39. Please provide also further information on the treatment of young law offenders and, in particular, on the following questions:

- What types of institutions exist for the custody of young law offenders and what specific official rules are there for their treatment?

- How are the conditions in such institutions monitored?

- Are there complaint procedures in cases of ill-treatment before independent bodies?

- What education and health facilities are there in these institutions?

- What measures are taken for the physical and psychological recovery and social reintegration of children in conflict with the law (art. 39)?

- Have personnel in these institutions received training about the provisions of the Convention and about international rules concerning the treatment of young offenders?

c. Children in situations of exploitation (Arts. 32, 33, 34, 35, 36 and 39 of the Convention)

40. Are there plans to amend the Labour Code in line with ILO Convention No. 138 so that it would protect minors in work also outside formal employment, including in domestic work? Are steps prepared to bridge the gap between the Code and ILO Convention No. 138 regarding prohibition of unhealthy and dangerous jobs below 18 years of age? What measures are taken to ensure that working children below 14 years are not exploited and are treated according to international standards?

41. Please provide information on the existence of and concrete measures to combat the exploitation of children including:

- The sale and use of drugs;

- Sexual exploitation and sexual abuse, including prostitution;

- Other forms of exploitation;

- Sale, trafficking and abduction of children.


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