List of issues : Panama. 14/10/96.
CRC/C/Q/Pan.1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fourteenth session
Pre-sessional Working Group
14-18 October 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 Panama
CRC/C/8/add.28

General measures of implementation
(Arts/ 4, 42 and 44 para.6 of the Convention)


1. Please provide information on the legislative measures which have been adopted in the spirit of the Convention, including any comprehensive act on children's rights reflecting the principles and provisions of the Convention (mentioned in paras. 1, 57, 58 of the State party report).

2. Please provide information on the measures taken to develop mechanisms for the determination of appropriate indicators as well as the collection of statistical data and other information on the status of children as bases for designing programmes to implement the Convention, in relation to all areas covered by it and concerning all groups of children under the jurisdiction of the State Party.

3. Please indicate whether any steps have been taken since the submission of the report in order to improve the institutional coordination and development of State policies and the coordination of those policies with initiatives on the part of civil society. Please describe the system for monitoring the implementation of the Convention.

4. Please provide further information on the existing cooperation with NGOs in the light of the statement contained in para. 184 of the State party report with regard to the various governmental and non-governmental entities that either directly or indirectly carry out children's programmes.

5. Please indicate whether consideration been given to the establishment of an independent mechanism such as an Ombudsperson for children in Panama.

6. What proportion of the national budget is attributed to the social needs of children in the process of "structural adjustment", particularly those living in extreme poverty and indigenous children? How is article 4 of the Convention taken into consideration to ensure that available resources are allocated to the maximum extent possible to ensure the implementation of children's economic, social and cultural rights?

7. What measures have been taken to reduce the impact of economic difficulties on children, especially those belonging to the most disadvantaged groups? What indicators or target figures are used in this context?

8. Please indicate the measures adopted to ensure the training of professionals working with and for children on the Convention.

9. 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?


Definition of the child
(Article 1 of the Convention)

10. Does the Government intend to review its legislation concerning the different legal ages for boys and girls, including in relation to the minimum age for marriage in light of the principles of the Convention? (mentioned in paras. 64, 69, 73 of the State party report).

11. At what age may children seek redress in the courts if their rights have been infringed?


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

12. Please indicate what measures have been taken to ensure that all the possible grounds for discrimination spelled out in article 2 of the Convention are covered by national legislation (mentioned in para.54).

13. Please provide information on the measures adopted to ensure and respect the rights set forth in the Convention to all children subject to the jurisdiction of the State, including in free-trade zones.

14. Are there any specific legislative provision on non-discrimination of disabled children, children born out of wedlock and adopted children (see paras. 2, 3, 4, 9, 42, 43, 44 and 46 of the State party report)?

15. Please provide information on the steps taken to prevent and eliminate discriminatory attitudes or prejudices and to ensure an effective protection against discrimination, particularly towards girls and indigenous children.

16. Please indicate to what extent children may be taught in indigenous or minority languages in school.

17. Please describe in more detail in what ways the principle of the "best interests of the child" is taken into consideration in the establishment and operation of the institutions mentioned in para. 78 of the State party report, as well as in relation to all actions concerning children, including those taken by public or private welfare, courts of law, administration authorities or legislative bodies in the light of article 3 of the Convention.

18. Please indicate the ways in which the principle of respect for the views of the child is reflected in practice in all matters affecting the child, particularly in the family life, school and society.

19. Please clarify what is considered to be a sufficient age to allow children to form their own judgement as stated in para. 82 of the State party report.


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

20. With regards to the statements contained in paras. 4 and 86 of the State party report concerning the register of births, please indicate:

-the measures that have been or are being taken to ensure that all children are registered after birth, including appropriate measures foreseen in case of non-registration or late registration;

-how is registration ensured particularly in rural areas;

-the measures taken to ensure that birth registration does not pave the way to stigmatisation or discrimination of same groups of children (e.g. born out of wedlock);

-the steps taken to sensitize and mobilize public opinion concerning the need to register births and to provide and train adequate registry personnel;

-the steps taken to ensure the preservation of the child's identity.

21. What are the restrictions placed on the enjoyment of the right of the child to freedom of expression (see para. 89 of the State party report)?

22. Please give clarifications on the exercise of the right to freedom of religion mentioned in paras. 29 and 30 of the State party report, including with regards to minorities.

23. Please provide information on the children's associations existing in the country and on the channels available, including through membership of such associations by which children may make their views known and have them taken into account.

24. Please provide further information on the means used to apply the warnings and correctional measures mentioned in para. 94 of the State party report and indicate what concrete measures have been or are being taken in order to sensitize and educate the staff of schools and juvenile institutions on the issue of child abuse and neglect.

25. Please indicate if there are any monitoring or supervising mechanisms to guarantee the right of the child not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment as well as to allow for complaint procedures to be submitted and considered by an independent mechanism (see paras. 36, 55 and 100 of the State party report).


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

26. Please provide information on the percentage of children in single headed families, as well as the measures adopted to ensure the effective employment of their rights.

27. Please provide information on the compatibility of articles 187 and 188 of the Civil Code, (mentioned in paras. 23 and 22 respectively, of the State party report) with the spirit of the Convention on the Rights of the Child in particular with regard to articles 5 and 18 and the general principles of the Convention, especially the respect for the views of the child and the child's best interests.

28. Please provide information on the measures taken to implement the provision of article 59 of the Constitution, mentioned in para. 39 of the State party report, particularly those in relation to the establishment of a body for the protection of the family and its fulfilment of the aim of making family education programmes available.

29. Please indicate the measures adopted to ensure that adoption of children is ensured in conformity with the Convention, particularly with the safeguards identified by article 21.

30. Please indicate other measures taken to prevent and punish corruption and trafficking in the case of inter-country adoption and to monitor and supervise adoption agencies, and indicate whether the State is planning to ratify the Hague Convention of 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption (see paras. 46 and 50 of the State party report).

30. Please provide information on special protection measures and assistance provided by the Government to implement article 20 of the Convention (see para. 110 of the State party report).

32. What appropriate measures have been adopted to protect the child against abuse and maltreatment within the family, and to ensure the rehabilitation of any child victim of such abuses (see paras. 23, 49, 104, 113 and 198 of the State party report)?

33. Please provide further information with regard to the periodic review of the treatment and placement provided to children in the light of article 25 (para.114 of report).


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

34. With regard to the implementation of article 23 of the Convention please indicate:

-what measures have been taken to ensure that the Community health promoters have a broader mandate that will allow them to work directly with families of disabled children?

-what measures have been taken to seek a wider community involvement in the provision of services to disabled children?

35. Please indicate the measures adopted to ensure family planning education and service

including through sex education in schools (see paras. 25 and 138 of the State party report).

36. With respect to the statement contained in para. 126 of the State party report, please provide clarification as to its compatibility with the Convention, including article 4 and the general principles of the Convention, particular of non-discrimination and best interests of the child.

37. With regard to the implementation of the Child Health Programme (para. 130 of the State party report), please indicate:

-the number of children who have benefited from them and the percentage of the national child population which they represent;

-whether the programme has been implemented in the same way throughout the country and reaching all groups of children, including those living in rural areas or being indigenous.

38. What measures have been taken to ensure access by all children to health qualified personnel, including medical doctors, particularly in rural areas and indigenous communities?

39. With respect to the statement contained in para. 151 of the State party report please provide further information on the implementation of programmes to meet the needs of families ineligible for ordinary housing projects, as well as on measures adopted in relation to squatter-families with a view to ensuring the protection of children's rights.

40. Please provide further information on the measures taken by the Government at a national level to address the problem of child mortality as mentioned in para. 153 of the State party report, including measures to reduce existing economic social and geographical disparities.

41. Please provide further information on the projects and programmes carried out as part of the National Poverty Alleviation Programme mentioned in para. 158 of the State party report. Please also indicate the measures adopted to combat malnutrition of children and to improve the existing salt iodization level.


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

42. Please provide information on the literacy level and indicate the specific measures being taken to reduce the level of illiteracy among females and indigenous groups.

43. What measures have been taken to ensure regular school attendance and reduce school drop-out rates, especially among children from indigenous and rural areas? Please further indicate what is the real cost of education of a child for family (para.68).

44. Please indicate if any measures have been taken to review school curricula and the teaching methods to increase the quality of education and the retention rates and to ensure that the Convention is taken fully in consideration in the framework. In the light of para.184 of the report, please provide further information on the Education Act mentioned therein.

45. Please provide further information on the programmes established to ensure that school discipline is administered in a manner consistent with the child's human dignity and the Convention as mentioned in para. 173 of the State party report. Please further indicate whether there is any system of monitoring of the school administration.

46. With regards to the aims of the education system in Panama mentioned in para. 174 of the state party report, please indicate in what ways the involvement and participation of the child in school life is ensured.


Special Protection Measures
(Arts. 22, 30, 32-40 of the Convention)

47. Please indicate the measures adopted to ensure that unaccompanied children benefit, in status determination procedures, from the rights recognized by the Convention and that the general principles of the Convention are given consideration, particularly non-discrimination, best interests, respect for the views of the child and right to life, survival and development.

48. Please provide clarification on the compatibility of the provisions adopted in the area of protection of children from economic exploitation, namely those of the Constitution and the Labour Act, with the principles and provisions of the Convention in particular with article 32 (see paras. 47 and 48 of the State party report).

49. Please provide information on the measures taken to prevent the economic exploitation of children, including child labour, especially in the rural areas, in agriculture and in domestic service.

50. Please provide further information on the measures adopted to ensure the safeguards set forth in articles 37 and 40 of the Convention for children involved in the system of administration of juvenile justice.

51. How many children are deprived of liberty in Panama, for which reasons and how is the separation of children from adults in prisons ensured? Please further indicate how the reintegration of children is pursued in the light of articles 39 and 40 ?

52. Please provide information on the role of juvenile courts to ensure implementation of the Convention (paras.40, 52, 83, 186).

53. Please provide further information on the treatment of juvenile offenders, in particular:

-what are the measures taken to ensure contact between the child and the family?

-how are the conditions in detention in establishments for the detention of children supervised and how is it ensured that the special needs of children are taken into consideration ?

-are there complaint procedures available in case of ill-treatment?

-what educational possibilities and what health services are provided in such establishments?

54. Please indicate whether the State party is looking into the possibility to ratify ILO Convention n°138 relating to the minimum age of employment and whether technical assistance would be useful in this regard.

55. Please provide further information on specific measures taken, including of a legal and institutional nature, to combat the sale and use of drugs by children, child prostitution as well as sale, trafficking and abduction of children (see paras. 50 and 183 of the State party report).


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland