List of Issues : The Former Yugoslav Republic of Macedonia . 17/09/99.
CRC/C/Q/MAC/1. (List of Issues)
Committee on the Rights of the Child
Twenty-third session
Pre-sessional Working group
13-17 September 1999


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
The Former Yugoslav Republic of Macedonia (FYRM)
(CRC/C/8/Add.36)

I. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4, 42 and 44, paragraph 6 of the Convention)

1. Please explain the measures adopted, including any review, to bring domestic legislation into full conformity with the principles and provisions of the Convention. With regard to Article 4 of the Convention, please provide examples on how the Convention is taken into consideration in the application of national legislation, such as through references to the Convention by domestic courts.

2. Please provide information on the existence and functioning of any bodies with primary responsibility for implementation of the Convention, as well as for coordination and monitoring.

3. In light of article 4 of the Convention, please provide information on efforts to limit the impact of current economic and social difficulties on the rights of children. Please also provide examples of policies or strategies intended to address economic and social difficulties in a manner which seeks also the improved respect of child rights.

4. With regard to paragraph 5 of the State report, please provide further information on the implementation of the projects referred to, and what impact they have had so far. Please indicate whether these projects form a part of an overall national strategy to implement the Convention and, if so, please provide further details on the strategy.

5. With reference to paragraphs 8 and 9 of the State report please provide information on recent efforts, and their impact, to disseminate the Convention on the Rights of the Child and raise awareness of its provisions. Please also indicate the different languages through which such dissemination has taken place, the efforts made to disseminate the Convention among children and any activities which have targeted public officials including, inter-alia: the child rights training provided for professional groups such as law officials, teachers, health workers, parents and judges.


II. DEFINITION OF THE CHILD
(art. 1)

6. Please provide information on the numbers of under 18-year-old persons, if any, who are currently serving in the armed forces of the State party in the context of their military service obligations.

7. With regard to paragraph 21 of the State report, please provide further information on the levels of criminal responsibility applied to adolescents aged between 14 and 16 years.

III. GENERAL PRINCIPLES
(Arts. 2, 3, 6 and 12 of the Convention)

8. Please provide examples which illustrate the application of the "best interests" principle when taking decisions affecting the child, including in decisions taken by: the courts of law, administrative authorities, legislative bodies, and social welfare agencies.

9. With reference to paragraph 26 of the State report, please indicate if measures have been taken to review national legislation with regard to discrimination and to ensure that article 9 of the State's Party Constitution is compatible with article 2 of the Convention on the Rights of the Child and covers all the grounds for children to be protected from discrimination, including "disability", "birth", "ethnic origin", "other [than political] opinion" and "other status". Please also provide information on the specific measures taken to eliminate discrimination against girls. Further, please indicate the measures adopted to reduce economic and social regional disparities - including between rural and urban areas - to prevent discrimination against the most disadvantaged groups of children.

10. Please define the approach to the principle of respect for the views of the child and provide examples of how this principle is applied in practice, including in the education system, and in administrative and court decisions. In particular, and with reference to paragraph 42 of the report, please explain the procedures through which the Centre for Social Work obtains and considers the views of the child.


IV. CIVIL RIGHTS AND FREEDOMS
(arts. 7, 8. 13-17 and 37 (a))

11. Please indicate the level and causes of non-registration of births in the country, with particular regard to Roma and refugee children. Please also provide information on efforts undertaken to enforce birth registration requirements, in light of article 7 of the Convention.

12. With reference to paragraph 83 of the State report, please explain whether children are permitted, under national law, to form associations. If this is the case, please provide examples of associations or organisations formed by children.

13. Please provide information on the use of corporal punishment in families, schools, care institutions, and the juvenile justice process. Additionally, please indicate whether there is an intention to prohibit by law all forms of corporal punishment.


V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(arts. 5; 18 (paras. 1-2); 9-11; 19-21; 25; 27 (para. 4); and 39)

14. Please provide examples of decisions taken in the context of the family environment and alternative care which reflect that the principle of the "best interests" of the child is a primary consideration. Please also provide examples of how the rights of the child are balanced, in administrative practice, with the interests and rights of parents and adults in general.

15. Please provide examples of mechanisms or other efforts to monitor, record, address and prevent cases of abuse - including physical and sexual abuse - of children. Please also provide information on the incidence of other forms of domestic violence which may have an impact on children, including violence against women. Please provide information on strategies or mechanisms adopted to address such violence.


VI. BASIC HEALTH AND WELFARE
(arts. 6; 18, para. 3; 23; 24; 26; 27, paras 1-3)

16. Please explain whether the health privatisation programme has begun. If it has been initiated, please provide disaggregated information on the impact of the programme on access by children and families to health facilities - either public or private. Please also explain the rationale behind the requirement that children aged 15 to 18 be required to make financial contributions to their health care costs, and the estimated financial cost that this will entail per child.

17. Please provide information indicating the extent to which disabled children are supported in their integration into formal education and recreation programmes for children without disabilities. Please also provide a brief analysis of the quality of education and health facilities and other resources currently available to disabled children who require facilities different from those used by children without disabilities.

18. Please provide disaggregated information on the incidence of HIV/AIDS in the country and details of any efforts made by the State party towards the prevention of an increase in the number of HIV/AIDS cases.

19. Please provide information on efforts by the State party to address adolescent health concerns and, in particular, on efforts to address health problems related to adolescent pregnancy.


VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(arts. 28, 29, 31)

20. Please provide information indicating the amount of financial resources allocated to schools in different regions of the country. Please also indicate the criteria applied when determining the distribution of resources to schools in different regions.

21. Please provide information on the measures taken to ensure equal access to higher education for children from national minority groups. Please explain the State's policy with regard to the provision of higher education in minority languages, and please indicate whether any steps are being taken to make such education available in minority languages.


VIII. SPECIAL PROTECTION MEASURES
(arts. 22, 38, 39, 40, 37 (b)-(d), 32-36)

22. Please indicate the possibilities available for all asylum seeking and refugee children to continue their education and have access to health services in the State Party, during their stay as asylum seekers or refugees, including any fees or other payment required. Please also indicate efforts made by the State party to ensure that refugee families are not separated when entering, residing in or leaving the State Party. Further, please provide information on efforts made to facilitate birth registration and other administrative formalities for asylum seeking or refugee children and their parents or guardians, given that their situation may make it difficult for them to produce supporting documentation normally required by the State Party's legislation.

23. In the context of the system of the administration of juvenile justice and in light of article 37 of the Convention, please provide information on sentencing principles applied to children, as well as disaggregated data on the number of children in detention or in prison, the length of sentences, the offences for which children are sentenced to prison, and data on the existence and use of alternatives to imprisonment as a sentencing option for Juvenile Councils.

24. Please provide information on measures adopted to ensure the physical and psychological recovery and reintegration of children who have suffered from torture or other cruel, inhuman or degrading treatment or punishment, of children who are otherwise the victims of crime, and of children who have participated in judicial proceedings or who have been confined in institutions, in light of article 39 of the Convention.

25. With regard to child labour, please provide information on efforts made to identify and address child labour by children under 15, including in the non-formal sector. Please provide disaggregated data on the incidence of child labour in the State. Please indicate what consideration the State party has given to ratification of the International Labour Organisation's Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999).

26. With regard to minority groups, please provide details and examples of positive efforts made to ensure respect for the Convention's principle of "non-discrimination" according to the different criteria defined in its article 2. Please also provide information on the percentages of school age children from each national group attending primary, secondary and tertiary education, disaggregated by gender and geographical region. Please also indicate levels of unemployment among the adult members of the different national groups, in comparison with the total national level of unemployment. Please also provide information on any efforts to address problems identified. With specific reference to Roma children, please indicate measures taken to provide assistance to Roma children, with particular regard to citizenship, access to health and access to education services.


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