COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty-fourth session
Pre-sessional Working Group
10-13 June 2003
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 MADAGASCAR (CRC/C/70/Add.18)
PART I
Under this section, the State party is requested to submit in written form additional and updated information, if available, before 6 August 2003:
A. Data and statistics
1. Please provide demographic data of the number of the under-18 population, disaggregated by sex, age groups, urban or rural areas.
2. In light of article 4 on the implementation of the Convention, please provide additional information and disaggregated data (by age, sex, ethnic group, and autonomous provinces) on the amount and proportion in percentage of national budget, allocated to children at central, local levels, preferably in the last three years (2000-2002), evaluating also the order of priority given to these policies within the comprehensive budget, to:
(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, including social insurance);
(c) Children with disabilities;
(d) The protection of child
3. Please provide disaggregated statistical data (by sex, age, minority groups or ethnic origin, autonomous provinces, urban or rural areas) covering the period 2000-2002 on the:(a) Number and percentage of children with disabilities;
(b) Number of children with disabilities either taken care of at home or living in institutions;
(c) Number of children with disabilities being enrolled in regular education and how many benefit from the special education system.
In addition please indicate the number of schools and teachers involved in the inclusive policy with regard to children with disabilities and provide information on the causes of disabilities.
4. With reference to children deprived of a family environment and separated from parents, please provide disaggregated data (by age and gender) for the last three years 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.
5. Please provide disaggregated statistical data (by sex, age, autonomous provinces, urban or rural areas) covering the period 2000-2002 in percentage of the relevant age group on the:(a) Rates of literacy, below and over 18 years;
(b) Enrolment in percentage of children in primary and secondary schools;
(c) Percentage of children completing primary and secondary education;
(d) Number and percentage of dropouts, repetition and retention;
(e) Ratio teacher per children and number of children per class;
(f) Number of children in boarding schools and number and locations of these schools;
(g) Number of schools and teachers;
(h) Number of children who attend pre-school education.
6. Please provide disaggregated statistical data on adolescent health, including sexually transmitted diseases (STIs), HIV/AIDS, early pregnancy, early and forced marriages, drug and alcohol abuse, violence and physical abuse, suicide and mental health concerns.
7. Please provide the following statistical data of children (disaggregated by sex, age, type of crime) for the last three years (2000-2002):
(a) Number of minors who allegedly committed a crime reported to the police;
(b) Number of minors who were sentenced by courts to sanctions; the nature of sanctions (community service; detention; other types of sanctions);
(c) The number of juveniles detained and imprisoned, the location of their detention or imprisonment (e.g. police station, jail or other place) and the lengths of their detention or imprisonment, including pre-trial detention;
(d) Number of suspended sentences;
(e) Percentage of recidivism cases.
8. With reference to special protection measures, please provide statistical data (including by sex, age, urban/rural areas) per year between 2000 and 2002 on the number of children:(a) Involved in sexual exploitation, including prostitution, pornography, sale and trafficking and the number of those children who were provided access with rehabilitation treatments;
(b) Involved in substance abuse and the number of those children who received rehabilitation treatments;
(c) Living in the streets and the number of them receiving social (re-)integration;
(d) Involved in child labour (formal or informal sectors, and domestic work).
B. General measures of implementation
1. The Committee would appreciate receiving information on the recommendations contained in the Committee's previous concluding observations (CRC/C/15/Add.26, paras. 17-22, 24 October 1994) which are not yet implemented, in particular the ones related to cultural traditions (para. 17), the monitoring of the Convention (para. 19) and the juvenile justice system (para. 22).
2. Please outline the measures taken to address incompatibilities between customary law and statutory law and the principles and provisions of the Convention on the Rights of the Child. Please further provide information on cases where the Convention has been invoked in courts.
3. Please indicate if a Ministry or any national body is responsible for the coordination in the implementation of the Convention in the State party. Please also outline the interaction among the various National Plans of Action or strategies regarding children, such as the National Plan of Action for the Education of Girls; the National Plan of Action against Child Labour; the National Plan of Action to Fight against Urban Poverty.
4. 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. What has been the impact of the adoption of the Act 96.030 regarding NGOs on the activities of civil society in the implementation of the rights of the child?
5. In light of article 4 of the Convention, please provide information on budgetary allocations for children to "the maximum extent […] of available resources". Please provide also information on the measure undertaken to ensure that financial resources allocated to the implementation of the Convention are efficiently used to this purpose.
6. Please provide information on the mandate, human and financial resources, and activities of the National Commission on Human Rights and of the "médiateur" and how they specifically contribute to the implementation and monitoring of the rights of the child. Please indicate if one of these bodies or both can receive individual complaints lodged by children.
7. Please describe any measures undertaken to strengthen data collection mechanisms and procedures.
8. Please describe measures undertaken to make widely known the discussion of the report with the Committee members and the concluding observations adopted by the Committee following the consideration of the report.
9. Please provide further information on efforts to provide training, awareness and information on the Convention and on human rights in general.
10. 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 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 (three pages maximum) update the information provided in their report with regard to:
- new bills or enacted legislation;
- new institutions;
- newly implemented plans of action and policies;
- newly implemented programmes.
Part IV
The following is a preliminary list of main issues that the Committee may wish to take up during the dialogue with the State party - they do not require written responses. This list is not exhaustive (and does not contain issues already covered in Part I) as other issues may be raised in the course of the dialogue.
The dialogue with the State party might include issues such as:
1. General principles of the Convention (arts. 2, 3, 6 and 12) and their practical implementation by social welfare institutions, courts of law and administrative authorities.
2. Ratification of international instruments regarding the rights of the child (optional protocols to the Convention, Hague Conventions).
3. Measures taken to address the effects of poverty on children.
4. Birth registration. Measures to increase the rate of birth registration.
5. Early marriage. Measures to prevent and discourage such marriages.
6. Children deprived of a family environment; alternative care; and adoptions.
7. The legal enforcement of maintenance orders - awareness raising and assistance programmes.
8. Child sexual abuse and neglect (article 19 of the Convention) including, inter alia, measures to prevent and combat it; mechanisms to facilitate timely reporting; and measures to prohibit and eliminate use of corporal punishment.
9. Various aspects of basic health care including, inter alia, measures to decrease child, infant and maternal mortality rates; improve nutrition of children; increase vaccination; and prevent HIV/AIDS and mitigate its negative impact on children. The prevention of harmful traditional practices.
10. Education, inter alia, measures to increase both enrolment rates and participation of girls; efforts to reduce dropout and repetition rates.
10 bis. Measures to prevent and combat economic exploitation, including child labour, domestic work.
11. Measures to prevent and combat the use of children in commercial sexual exploitation. Rehabilitative programmes and services for children.
12. The situation of street children.
13. The juvenile justice system (children in conflict with the law) with particular attention to, inter alia, the deprivation of liberty as a measure of last resort; conditions of detention; length of criminal proceedings; and the provision of legal aid.