COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fourth session
Pre-sessional Working Group
31 January-4 February 2000
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 Jordan (CRC/C/70/Add.4)
GENERAL MEASURES OF IMPLEMENTATION
(Articles 4, 42 and 44, paragraph 6)
1. In light of the fact that ratified international treaties have the force of law and take precedence over all legislation except the Constitution, and that courts accord precedence to these instruments (HRI/CORE/1/Add.18/Rev.1), please indicate whether the Convention has been published in the Official Gazette. If not, what steps is the State party taking to expedite this?
2. At paragraph 173, the report indicates that the State party should maintain its reservations to articles 20 and 21. Article 20 (3) of the Convention, concerning children deprived of a family environment, expressly recognizes kafalah of Islamic law as alternative care, and article 21 expressly refers to those States that "recognize and/or permit" the system of adoption. In light of the fact that the former article is compatible with Shariah, and in the case of the latter, the article does not apply because Jordan does not permit adoption, what reasons prevent the State party from withdrawing its reservations to these articles, in accordance with the recommendations adopted in the Declaration and Plan of Action of the Vienna World Conference on Human Rights (1993)?
3. In view of the broad nature of the reservation to article 14 of the Convention, what are its implications on: the freedom of thought; freedom of conscience; and freedom of religion, particularly in relation to non-Muslim children? Please indicate what consideration has the State party given to reviewing its reservation with a view to its withdrawal?
4. Given that the national focal point for children's rights is the National Task Force for Children (NTFC), please indicate what role does the NTFC play with respect to:
(a) Intersectoral coordination and cooperation of policies and programmes affecting children at and between central and local levels of government;
(b) Monitoring the implementation of the Convention at central and local levels;
(c) Receiving and addressing complaints of violations of child rights;
(d) The collection and analysis of disaggregated data; and to define the appropriate indicators in order to design policies and programmes affecting all persons under 18 years.
What other mechanisms are in place to carry out those functions where the NTFC does not have a role?
5. In accordance with article 42 of the Convention, please indicate what measures are being taken by the State party in a systematic and targeted manner to raise the awareness about the principles and provisions of the Convention (e.g. of government officials, legislators, community-based organizations, religious leaders, the mass media, and the public-at-large, including children themselves). Please provide information on what measures are being taken by the State party to train professional groups working with and for children about the Convention, particularly at the local level.
DEFINITION OF THE CHILD
(Article 1 of the Convention)
6. In light of the Committee's previous recommendations (CRC/C/15/Add.21) regarding the very low age of criminal responsibility, which is set at seven years, please indicate what consideration has been given to raising this. Please specify what measures have been taken to prevent and combat the early marriage of girls. What are the minimum ages for medical/legal counselling without parental consent? Testimony in court?
GENERAL PRINCIPLES
(Articles 2, 3, 6 and 12 of the Convention)
7. In light of the Committee's previous recommendations (CRC/C/15/Add.21), please provide examples of measures undertaken to ensure full substantive enjoyment of all the rights in the Convention for girls. What awareness-raising measures are being taken to combat traditional attitudes which may prevent girls from enjoying these rights, especially within the family, and particularly in relation to discriminatory personal status laws? Please provide examples of measures being taken to train and sensitize the judiciary on gender issues.
8. In light of the principle of non-discrimination contained in article 2 of the Convention, please provide examples of the full enjoyment of rights for children born out of wedlock, particularly with respect to inheritance, maintenance, custody, and parental responsibilities.
Please indicate what steps have been taken to conduct studies and undertake public education campaigns, in cooperation with religious authorities, to prevent and combat discrimination against these children.
9. With respect to article 12 of the Convention, under what circumstances can a child's views be directly heard in matters affecting him or her? What steps have been taken to promote and facilitate within the family, the school, care institutions, and the courts respect for the views of children, and their participation in all matters affecting them? Please provide examples of how these views are taken into consideration.
CIVIL RIGHTS AND FREEDOMS
(Articles 7, 8, 13-17, and 37 (a) of the Convention)
10. Please indicate what measures have been taken to eradicate "crimes of honour" What steps have been taken to abolish grounds of honour as mitigating factors for crimes, under articles 340 and 98 of the Penal Code?
11. In light of the Committee's previous recommendations (CRC/C/15/Add.21), please indicate what legislative steps have been taken to ensure the right of a woman to pass on her nationality to her child if she is married to a foreigner.
12. In light of article 15, concerning the freedoms of association and peaceful assembly, what measures have been taken by the State party to facilitate the exercise of these rights by persons under 18?
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Articles 5, 18 paragraphs 1 and 2, 9-11, 27 paragraph 4, 20-21, 19 and 39
and 25 of the Convention)
13. In accordance with articles 19 and 39 of the Convention, and in light of the Committee's previous recommendations (CRC/C/15/Add.21), what studies have the State party undertaken to understand the nature and extent of abuse in homes, schools and other institutions? Other than Penal Code provisions with respect to abandonment, abduction, and indecent assault with violence, what specific legal provisions exist to protect children from being ill-treated in their homes, schools and other institutions? What mechanisms exist: for children to file complaints; and for mandatory reporting, investigating, prosecuting and monitoring cases of child abuse? Please indicate what programmes have been established for the psychological and physical recovery as well as social reintegration of child victims of abuse and violence. Have any cases of ill-treatment of children been submitted to the courts? What steps are being taken by the State party to prevent ill-treatment of children and to raise awareness of its negative consequences?
BASIC HEALTH AND WELFARE
(Articles 6 paragraph 2, 23, 24, 26 and 18 paragraph 3 and 27
paragraphs 1-3 of the Convention)
14. In light of article 23 of the Convention concerning children with disabilities, please indicate what steps have been taken to:
- increase the allocation of resources (i.e. human and financial) to ensure access to rehabilitation, education, and other services for children with disabilities;
- provide services for children with learning disabilities or behavioural disorders;
- provide care and special education during early childhood;
- develop early detection capacity within the primary school system;
- promote inclusive education;
- expand and strengthen community-based rehabilitation projects.
15. Please indicate what measures have been taken to:
- reduce infant mortality caused by acute respiratory infections;
- reduce the prevalence of iodine deficiency disorders;
- disseminate materials on the benefits of breastfeeding, especially during the child's first four months;
- increase coverage of post-partum care;
- study the nature and extent of adolescent health problems, including STDs and HIV/AIDS, and provide access to child-friendly counselling;
- undertake campaigns to raise awareness and disseminate materials on maternal health, and family planning, adolescent reproductive health, STDs, and HIV/AIDS.
EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(Articles 28, 29 and 31)
16. Please indicate what measures have been taken to elaborate and disseminate materials on early childhood development to parents; and to study and address low enrolment rates for secondary school, drop-outs, and violence in schools.
SPECIAL PROTECTION MEASURES
(Articles 22, 30, 32-40)
17. In light of the Committee's previous recommendations (CRC/C/15/Add.21), to ensure that all refugee, unaccompanied and asylum-seeking children enjoy their rights under the Convention, please indicate what consideration has the State party given to becoming party to the 1951 Convention or its 1967 Protocol relating to the Status of Refugees. What steps have been taken to ensure that all children without copies of their national school certificates have access to education?
18. In light of the Committee's previous recommendations (CRC/C/15/Add.21) to undertake a review of all legislation relevant to offenders under 18 and ensure they are in line with the Convention and other international standards, please indicate what steps have been taken to establish a system of juvenile justice since the consideration of the initial report.
19. Please indicate what legislative steps have been taken to ensure the Labour Law provides protection for children working in family enterprises, agricultural activities and domestic labour. What steps have been taken to specify a minimum age for admission to vocational training? What measures have been taken to pursue enforcement of child labour standards, including in the informal sector? What studies has the State party undertaken to understand the nature and extent of child labour in Jordan? What consideration has been given to ratify ILO Convention No. 182 on Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour?
20. Please indicate what studies the State party has undertaken to understand the nature and extent of sexual abuse and exploitation of boys and girls. What is the legal framework protecting sexually abused and exploited children? What steps are being taken by the State party to raise awareness and undertake public education campaigns relating to sexual abuse and exploitation of children? What mechanisms are in place to provide for a mandatory system of reporting and monitoring of this phenomenon? In light of article 39 of the Convention, what care and rehabilitation facilities are available for these children? Please indicate what steps have been taken to adopt a comprehensive Plan of Action as follow-up to the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.
21. In light of the Committee's previous recommendations (CRC/C/15/Add.21), please indicate what measures have been taken to guarantee the rights of children of ethnic and religious minorities, including Baha'is.