List of issues : Nepal. 12/02/96.
CRC/C.12/WP.3. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Twelfth session
Pre-sessional Working Group
29 January to 2 February 1996

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
Nepal
(CRC/C/3/Add.34)

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


Have the provisions of the Convention been invoked before the courts, if the answer is yes, please provide examples of any relevant court decisions?

Please provide clarification as to the implementation in practice of the provisions of the Children's Act in particular as regards the role and duties of the Chief District Officer in enforcing, judicial, administrative and other measures relating to the rights of the child set forth in the Act.

Please provide further information on existing coordination and cooperation, with regard to the monitoring of the implementation of the rights of the child as provided for in the Convention, at the national level and between the district level, municipalities, villages and the national level. Please describe the steps taken to ascertain that the various structures involved with the implementation of the Convention do function in an effective and coordinated manner. Have the National Child Development Council and the Children's Welfare Board been established?

What is the role of non-governmental organizations in monitoring the implementation of the Convention? How is the Government cooperating with non-governmental organizations? Has the Government considered the possibility of establishing an independent mechanism such as a national institution for the monitoring of the implementation of the Convention?

What measures have been taken since the submission of the report to develop appropriate indicators and improve the collection of statistical data and other information on the status of children, especially as regards child participatory rights and the rights provided for in relation to family and alternative care and special protection measures. Please indicate if there is a need for technical assistance in this regard.

What guarantees exist to ensure that the authorities at the national and local levels are guided by the principle of the "allocation to the maximum extent of () available resources" for the rights of the child in their policy decision making? In this connection, please indicate the additional measures being taken to ensure that the disparities between urban and rural areas are minimised in relation to the provision of social services. Does the Government have figures as regards the percentage of the annual budget disbursed for children?

To what extent is international cooperation designed to foster the implementation of the Convention? What proportion of international aid is allocated to programmes for children?

Please provide further details of any measures undertaken to incorporate education about the Convention in training programmes for professionals such as government officials, teachers, social workers, doctors, primary health care workers, lawyers, judges, police officers, detention facilities' officials, border guards as well as decision makers.

To what extent has the Convention been publicized in national and minority languages? In view of the limited access to television and radio media, what other active and appropriate means is the Government planning to utilise for the effective dissemination of information on the principles and provisions of the Convention on the Rights of the Child to parents and children alike, throughout the country?


Definition of the child
(Article 1 of the Convention)


Please explain the reasons for the differences between the age of attainment of majority and the age of voting and marriage. Please provide information on the compatibility between the rules on the different minimum ages for marriage between boys and girls with and without parental consent and the principle of non-discrimination. Does the Government intend to review its legislation concerning the different minimum ages of marriage for boys and girls?

At what age may children seek redress in the courts if their rights have been infringed, how does this age compare to the age at which a child may give testimony in the court?

Has the Government considered the possibility of raising the age of criminal responsibility?


General principles
(Articles 2, 3, 6 and 12 of the Convention)


In the light of the provisions of article 2 of the Convention has the considered the possibility of reviewing its legislation relating to the right to property, the partition of parental property and the right to inherit. In addition has the Government considered the feasibility of implementing a nationwide campaign, reaching down to the village level, to combat traditional attitudes and practices which perpetuate discrimination against the girl child? What are the ways and means by which this could effectively be achieved?

Please provide further information on the measures taken by the Government to address the existing disparities between the urban and rural areas as regards the availability of services.

Please indicate what measures have been taken to ensure that the language of instruction or communication is not an obstacle to access to the various levels of education and other services.

Please provide information on the steps being taken to raise awareness, especially within rural areas, of the need to prevent and combat discrimination based on race and caste. Have activities in this regard been fully incorporated into existing or planned education and information campaigns?

In what way is the principle of the best interests of the child, recognized in Article 3 of the Convention, implemented in practice particularly as regards the actions undertaken by the juvenile justice system, child care institutions as well as within the family context, including with respect to the use of physical punishment against the child.

What measures does the Government envisage undertaking to make a reality of the principle of respecting the views of the child and taking those views into account within the family, particularly in guiding children as to their future employment and marriage prospects? How is this principle respected in schools, in welfare institutions and in the juvenile justice system?


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


Has any study been undertaken to review provisions of the following acts: Birth and Death Registration Act (1976), Nepal Citizenship Act (1963) and Marriage Registration Act (1971) to ensure their compatibility with the provisions and principles of the Convention? In addition, please provide clarification as to whether a differentiation is made on the grounds of gender of the parent in relation to a child's acquisition of citizenship. Has the Government considered the possibility of becoming a State party to the Convention on the Reduction of Statelessness?

What specific measures have been taken to encourage people to register births especially in rural areas?

What further measures have been taken or are envisaged to protect individual children, for instance those who are victims of sexual abuse, from harmful exposure in the mass media and to protect their right to privacy?

Have any cases been reported of children who have been the victims of torture or other cruel, inhuman and degrading treatment? If so, please provide information on such cases and on how the perpetrators were penalized. In addition, please provide information on the status of the law relating to compensation to victims of illegal detention, torture, cruel and inhuman treatment.


Family environment and alternative care
(Articles 5, 18 paras. 1 and 2, 9-10, 27 para. 4, 20-21, 11, 19 and 39, and 25 of the Convention)


What concrete steps are being taken to reduce the number of under-age marriages?

What progress has been achieved in providing parenting education for both fathers and mothers?

What further measures does the Government consider are required to address the problem of the adoption of children for exploitative purposes?

In addition, has the Government considered the possibility of becoming a State party to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption?

Please provide further information on the measures taken at the family and community level to combat the problems of the illicit transfer of children. In addition, what, if any, bilateral measures are being considered to address this problem?

Please indicate whether information and awareness-raising campaigns have been developed to prevent situations of ill-treatment within the family and to strengthen the system, including through the adoption of legislative measures, for protecting the child from sexual abuse within the family and by child-care givers.

Please provide clarification as to the meaning of "beating a child lightly" and "light punishment" as provided for in Sections 7 and 39 of the Children's Act. What procedures exist for children to lodge complaints concerning their abuse or neglect? Has any competent agency or juvenile court system been set up to look into child neglect or abuse?

What measures are being taken to ensure the implementation of article 18. 2 of the Convention in particular as regards encouraging the development of child care facilities and services at the community and village level?


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


Please indicate the measures being taken to improve the collection of statistical data and other information about the situation of disabled children as a means of developing effective policies and programmes which cover the whole country, to address the needs of disabled children. In addition, please provide further information on the legislation pertaining to the treatment of, and health care services available for, mentally disabled children?

What possibilities exist for the reallocation or mobilization of budgetary resources to the health sector in order to meet the goals set for improving access to health services, safe water and adequate sanitation throughout the country, especially in the rural areas?

What further measures does the Government consider are necessary to make family planning services more effective?

Please describe the measures planned or taken to further promote health information and education on AIDS.

Has an evaluation been undertaken as to the effectiveness of the credit schemes and income-generating activities, especially in supplementing the income of families with children?


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


Has the feasibility study on making primary education compulsory been undertaken? Please provide more information on the measures the Government plans to take on the follow-up to this study.

How effective is the Non Formal Education Programme in reaching out to school children between the ages of 8 and 14? What measures does the Government consider are required to increase the impact of this programme?

In addition, what plans exist to make education or vocational training more comprehensively available to working children?

What is being done to facilitate school attendance for children, especially in the remote areas of the country and what consideration is being given to reducing the financial burden for parents of sending their children to school? (Paras. 70, 299 (b) and (e) of the report)

What other measures are being taken to address the issue of the uneven work burden of girl children which influences the school enrolment and drop out rate affecting the girl child?

What progress has been achieved since the submission of the report in incorporating education about the rights of the child in school curricula and what plans are in place to ensure that children would be taught about these rights by suitably trained and qualified teachers?


Special protection measures
(Articles 22, 30, 32-40 of the Convention)


Is the Government considering the possibility of becoming a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol? In addition, please elaborate on the prevalence of prostitution and drug abuse among refugee children.

Please provide details of the progress achieved in establishing juvenile courts and in ensuring that the services of a legal practitioner to defend the child are made available.

Please provide further information on the situation of children in places of detention, including children living in prisons with parents. What system exists for the supervision and monitoring of the conditions in such institutions? What provision is made for educational and health services in these establishments? Are there complaints procedures in the case of ill-treatment in such institutions, and, if so, how effective are these procedures?

What measures are taken to promote the child's rehabilitation and reintegration into society in cases where the child is alleged of, accused of, or recognized as having infringed the penal law?

Please provide information on the progress achieved in ensuring that children deprived of their liberty are separated from adults and as regards the establishment of children's rehabilitation homes. In addition, please provide further information on the alternatives to institutional care available for persons below the age of 18 years.

Please provide further information on the measures in place to ensure that the arrest, detention and imprisonment of a child shall be used only as a measure of last resort and for the shortest period of time.

What further measures are required to eliminate child labour, including child bonded labour? In addition, what measures are being taken to prevent the exploitation and abuse of children working as domestic servants as well as to combat the phenomenon of child domestic service?

Please provide information on whether the Government is considering ratifying ILO Convention No. 138 relating to the minimum age of employment for children.

What measures are being taken to address the needs of children working or living on the street?

What further measures would be required to embark upon sustained and massive public awareness campaigns to combat the continuing problems of the sexual exploitation, abuse and trafficking of children, especially girl children?

Please provide further information on the provisions of national legislation relating to sexual exploitation and abuse, including rape, and their application in practice.

Has any evaluation been undertaken as to the success of the programmes developed to improve the situation of children belonging to minority groups? In view of the statement contained in para. 401 of the report that the needs of minority groups tend to receive little attention, what special measures is the Government considering undertaking in order to address this situation?


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Office of the United Nations High Commissioner for Human Rights
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