COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fifth session
Pre-sessional Working Group
5-9 June 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 initial report of the Marshall Islands
(CRC/C/28/Add.12)
General measures of implementation
(Arts. 4, 42, and 44, para. 6 of the Convention)
1. Please indicate whether specific measures have been taken to harmonize law with the Convention on the Rights of the Child and if the Convention itself has been enacted into law in order to be part of the Marshallese legal system. Please also indicate whether the system of customary law and traditional practices is compatible with the Convention and provide information on the Traditional Rights Court. Further, please indicate whether consideration has been given to the reform of existing and/or the enactment of additional legislation specific to the rights of children, in particular with reference to child labour.
2. Please provide additional information on the activities of the National Nutrition and Children's Council (NNCC), especially on the development of programmes and policies consistent with the Convention. Please also indicate whether measures were envisaged or taken for the adoption of a National Plan of Action for children; the establishment of a National Institution for the independent monitoring of complaints in the field of the rights of the child; and the establishment of coordination mechanisms between various ministries, as well as between central authorities and local authorities, for the implementation of comprehensive policies for the promotion and protection of the rights of the child; and the establishment of a focal point in the Government.
3. In light of article 4 of the Convention, please provide additional information on the measures taken to implement economic, social, cultural rights to the "maximum extent of [...] available resources and, where needed, within the framework of international cooperation" for the rights of children. Please also specify the percentage of national budget and of international cooperation and development assistance allocated to children's programmes. In this regard, please provide information on the Compact of Free Association which expires in 2001 and on the possible consequences on future policies and programmes concerning children. Further, please provide additional information on whether there are measures envisaged to raise Government budgetary allocations to the health sector, in view of the continuing population growth and to provide better services for the outer islands.
4. Please indicate measures taken to develop indicators and collect disaggregated data (based on age, gender, and geographical disparities) on the status of children, especially children victims of abuse or ill-treatment; children with disabilities; teenage mothers; teenagers who commit suicide; children in conflict with the law; children born out of wedlock; and children living in the outer islands communities. Further, please describe the extent to which these indicators and data are used in the formulation of policies and programmes for the effective implementation of the Convention.
5. Please provide information on the participation and involvement of relevant non-governmental organizations and civil society partners in the formulation and implementation of policies and programmes concerning children.
6. Please provide information on any additional measures taken and/or envisaged to ensure that the principles and provisions of the Convention on the Rights of the Child are disseminated at all levels of society. Additionally, please indicate whether training on the principles and provisions of the Convention has been provided for professionals working with and for children. Further, please advise as to the role of the media and the use of traditional measures in the dissemination of information about the Convention.
Definition of the child
(Art. 1 of the Convention)
7. Please provide information on the legal minimum ages for lodging complaints and seeking redress before a court without parental consent; in cases of adoption, for having access to information concerning the biological family; for the legal capacity to inherit and conduct property transactions; and for creating or joining organizations.
8. With regard to information provided in paragraph 14 of the report concerning the legal minimum age for marriage, and in light of article 2 of the Convention, please indicate whether the State party envisages increasing the legal minimum age for marriage for girls (16 years) to the equivalent of that for boys (18 years).
General principles
(Arts. 2 ,3, 6 and 12 of the Convention)
9. Please provide further information on specific measures taken and/or envisaged to guarantee that the best interests of the child (art. 3), and respect for the views of the child (art. 12) are fully reflected in legislation as well as in actions taken by social welfare institutions, courts of law and administrative authorities. Please also provide some examples of implementation of these principles by courts, administrative bodies and schools.
10. With reference to the principle of non-discrimination (art. 2), please indicate whether domestic legislation covers all grounds spelt out in article 2, including for example, non-discrimination of children with disabilities. Further, please provide additional information on the legislation, policies and programmes implemented and/or foreseen to ensure non-discrimination of vulnerable groups, including girls, migrant children, children with disabilities and children living in the outer islands and poor urban communities in all aspects of society. Please provide additional information on the general attitude of society toward single mothers and their children and on the recent influx of Chinese migrant workers and the status of their children.
Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37 (a) of the Convention)
11. With regard to information provided in paragraph 51 of the report, and in light of article 7 of the Convention, please indicate whether there is an intention to establish a system to ensure that all children are registered at birth, including those living in the outer islands. Further, please provide information on the status of legislation concerning preservation of identity.
12. With respect to article 17 of the Convention, please indicate whether children have adequate access to information, particularly those living in isolated island communities and highlight any measures taken and/or foreseen to increase the availability and accessibility of information to all children within the State party. In this regard, please provide information on the number, distribution, and quality of libraries and other types of traditional facilities throughout the State party. Additionally, please indicate whether measures have been implemented to protect children from harmful information, such as violence, pornography, racism and xenophobia. Further, please indicate whether children are actively involved in the production and publishing of information.
13. Please provide information on the use of corporal punishment in families, schools, care and other institutions. Please indicate whether corporal punishment is prohibited by law, and whether it is used as a penal measure against juvenile offenders.
Family environment and alternative care
(Arts. 5, 18 (1) and (2), 9, 10, 11, 19, 20, 21, 25, 27 (4), and 39)
14. Please provide information, including statistical data, on single parent families, teenage parents, divorces, separations and deprivation of parental responsibilities. Further, please provide additional information on the situation of children born out of wedlock.
15. In light of information provided in paragraph 62 of the report and in view of the limited availability of the extended family in the urban areas, please indicate whether alternative measures of childcare are available. Please also provide additional information on the phenomenon of children left to themselves for long times during the day while their parents are at work or leisure.
16. Please provide additional information and statistical data on the situation of domestic adoptions, including criteria for placement, monitoring, evaluation and follow-up, and on the practice of "customary adoptions" by family members. Please also provide additional information, including regarding the legislative framework and existing procedures, and statistical data on the situation of intercountry adoptions. Please also outline the measures taken to address the concern expressed in paragraph 76 of the report concerning children taken to the United States of America for adoption, rather than first being adopted in the Marshall Islands.
17. Please provide additional information on the situation of abuse and neglect, including sexual abuse within as well as outside of the family. Additionally, please indicate whether strategies have been developed to prevent child abuse and mechanisms established to adequately assist both the victims and perpetrators of abuse. In light of information provided in paragraph 84 of the report, please provide additional information on the "Child Abuse and Neglect Task Force" including the successes and challenges faced in implementing their mandate. Further, please provide information on the situation of domestic violence.
Basic health and welfare
(Arts. 6, para. 2, 23, 24, 26, and 18, para. 3, and 27, paras. 1-3)
18. Please provide additional information and statistical data about strategies taken to address the problem of malnutrition affecting children in urban areas, especially when due to parental negligence.
19. In light of article 23 of the Convention, please outline the measures taken and/or envisaged by the State party to ensure the legal protection and rights of children with disabilities. In light of information provided in paragraph 96 of the report, please provide additional information on the Maternal and Child Health (MCH) programme. Further, please provide additional information, including statistical data, on the status of children with disabilities, including their access to education and vocational training and on measures taken for their inclusion in the regular education system.
20. Please provide information, including statistical data, on adolescent health, including sexually transmitted diseases (STDs), HIV/AIDS, teenage pregnancy, alcohol, tobacco and substance abuse, violence, and mental health concerns, including suicides. Please provide additional information on policies and programmes implemented and/or foreseen to prevent these problems and to provide treatment and care for adolescents faced with these concerns.
Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)
21. Please provide additional information on the student/teacher ratio, methods of teaching, relevant learning material, and other resources. Further, please indicate whether human rights, including the rights of the child, are included in the school curricula and whether training is available for school managers, administrators and teachers on the principles and provisions of the Convention. Furthermore, please provide information on measures taken to encourage regular attendance at school and to reduce drop-out rates and on whether the lack of classrooms and teachers, in particular in the outer islands, prevents the children from going to school.
Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)
22. Please indicate whether the State party is considering the ratification of ILO Conventions No. 138 on minimum ages for admission to employment and No. 182 on the elimination of the worst forms of child labour. Further, please provide additional information on the measures taken, including of a legislative, administrative, social and educational nature, to recognize and ensure the right of the child to be protected from economic exploitation. In particular, please indicate whether measures were taken to ensure a minimum age for admission to employment and an appropriate regulation of hours and conditions of employment. Please also provide relevant disaggregated data on children who work, including by age, gender and rural/urban area and indicate whether a study was taken or envisaged on children who do not go to school because they have to assist their families in fishing, agriculture and other small-scale enterprises.
23. In light of articles 37, 40 and 39 of the Convention, please provide additional information, and where appropriate disaggregated data, in particular on:
(a) The establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law;
(b) The use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest period of time;
(c) The possibility to have prompt access to legal and other appropriate assistance, as well as for challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and of having a prompt decision thereon;
(d) The measures taken to protect the privacy of children in conflict with the law;
(e) The number of children within the justice system as well as the type and nature of crimes involving children;
(f) The treatment of girls in conflict with the law (especially detention facilities for girls).
24. Please provide further information on the treatment of children deprived of liberty, in particular on the following:
(a) The measures taken to ensure contact between the child and his/her family;
(b) How the conditions of children in detention are monitored;
(c) Whether there are complaint procedures to deal with issues such as ill-treatment which are independent from the authorities of detention and correction institutions and their effectiveness;
(d) Educational, health and social services facilities;
(e) Services for the recovery and rehabilitation of children alleged as, accused of or recognized as having infringed the penal law and their effectiveness;
(f) Measures taken to ensure that the children in detention are separated from adults.