List of issues : Peru. 01/07/93.
CRC/C.4/WP.1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fourth session
Pre-sessional Working Group
28 June-2 July 1993


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 Peru
(CRC/C/3/Add.7)

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

1. Please provide more details about the process of preparing the report, in particular with regard to popular participation and the involvement of non-governmental organisations

2. What concrete measures have been taken to make the report widely available to the public at large?

3. What further steps are planned for creating more widespread awareness among adults and children about the principles and provisions of the Convention?

4. To what extent have school curricula been adjusted to give room for education about the Convention? What measures have been taken to train professional groups about the Convention?

5. To what extent and in what ways is the Multisectoral Commission mentioned in para. 2 of the report relating to the national non-governmental organizations?

6. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

7. Please provide information on measures taken to establish mechanisms for collecting statistical data and other necessary information about the status of children as a basis for designing programmes for the rights of the child, and indicate whether there is a need for technical assistance in this area.


8. What overall plans exist at present to implement the provisions of the Convention at the local level? Please describe steps taken to implement article 4 in regard to the allocation "to the maximum extent of (... ) available resources for the rights of the child". What proportion of the national budget is allocated to social priorities for children in official budgets, both central and local? What is being done to increase that proportion? What indicators or target figures are used in this context?

9. To what extent is international cooperation designed in order to enhance the implementation of the Convention? What share of international assistance is devoted to programmes which benefit children?


Definition of the child
(Art, 1 of the Convention)

1. What is meant by the term "a minor capable of due discernment" mentioned in para. 29 of the report, and which authority is entitled to interpret this notion?

2. In the case of children under 14, what methods of disposition are available if they transgress the criminal law?


General principles

Non-discrimination (article 2)

1. Please indicate to what extent the provisions of article 2 are covered in national legislation with regard to all possible grounds for discrimination spelled out in that article,

2. Please indicate specific and concrete measures taken to combat discrimination against girls/rural children/children belonging to minorities or indigenous communities/disabled children, including measures to eliminate and prevent discriminatory attitudes and prejudices.

Best interests of the child (article 3)

3. Please indicate in what way the "best interests of the child" are taken into consideration in the legislation as well as in judicial, administrative or other proceedings.

The right to life, survival and development (article 6)

4. Please indicate steps taken to create an environment conducive to ensuring "to the maximum extent possible" the survival and development of the child.

Respect for the views of the child (article 12)

5. What concrete measures have been taken to sensitive public opinion and educate personnel working with children to the need to encourage children's participatory rights?

6. With reference to para. 39 of the report, please indicate the way in which the principle of respect for the views of the child is reflected in other matters affecting the child, particularly in judicial and administrative proceedings.


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

1. Please provide information on factors and difficulties encountered and progress achieved in implementing the laws mentioned in the report under this chapter.

2. Please indicate concrete measures taken to ensure, also in practice, that all children are registered after birth, including sanctions in case of non-registration or late registration. How is registration ensured particularly in rural areas?

3. What steps are being taken to encourage the publication, dissemination and availability to all children of children's literature?

4. How are children protected from violence and harmful influences in the mass media?

5. What concrete steps have been taken to investigate cases of ill-treatment of children and prevent its occurrence?

6. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaint procedures which can be used by children themselves against such abuses?


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

1. Is parental education provided for, and are family counselling services available?

2. What specific measures are being taken to ensure the right of the child to be in contact with both father and mother in cases of separated parents? What are the composition and functions of the family council mentioned in para. 52 of your report?

3. What are the procedures to regulate the care of children of divorced parents and to ensure that the child is not deprived of its maintenance? Please provide further explanation on parental responsibilities as mentioned in para. 50 of the report and indicate to what extent they are compatible with art. 19 of the Convention.

4. What facts have been obtained about abuse of children within the family? Is there a law against such violation? Has research been undertaken into the problem of ill-treatment and sexual abuse, including rape, of children, and into social factors which influence such violations?

5. Have programmes been adopted to prevent and reduce the abandonment of children and, if so, are such programmes adequate?

6. Please indicate the government's Policy in relation to the choice between institutional care and care in foster homes or similar arrangements.

7. What systems and procedures exist for the monitoring of institutions for alternative care?

8. Please describe the procedures for national and inter-country adoption, including monitoring and supervision. What measures are taken to ensure that parents giving up their children for adoption are allowed sufficient opportunity to weigh the consequences and alternatives?

9: Are there documented cases of illicit transfer and non-return of children? What preventive and remedial measures have been taken?

10. What is the general policy and general attitude in society regarding the care of disabled children?


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

1. What proportion of the budget is allocated to health care and more specifically to child health care? Please comment on the balance between curative and preventive health programmes,

2. Please provide information on intended aims of achieved measures proposed in the health sector in para. 58 of your report and the progress made so far in implementation in the following areas:

- the measures taken to ensure that no child is deprived of the right of access to health care services (including measures to reduce

- regional disparities);

- the measures taken to collect statistical and other data on nutrition; the family planning measures taken and the beneficiaries of such measures;

- the nature and context of the most frequent illnesses.

- the present level of malnutrition among children, and measures planned to reduce it,

3. Please provide detailed information and statistics where possible on mother and child health policy and programmes and the management of problems encountered. What are the major causes of HIV infection and its prevalence among children?

4. Please provide information on the situation of disabled children, including access to education, training, health care services, preparation for employment and recreation opportunities.

5. Please provide information on the social security system and how children can benefit from it.

6. Please indicate to what extent the provisions of the Convention relating to the right to an adequate standard of living are being applied and provide specific information on the main measures adopted for this purpose.


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

1. Please provide written information in relation to articles 28, 29 and 3.1 of the Convention according to the guidelines on, inter alia, the institutional infrastructure, monitoring strategies, difficulties encountered and progress made.

2. Please provide written information on the portion of the national budget which is reserved for education and on the major items in the education budget.

3. What programmes exist for preventing school drop-outs? What is being done to facilitate school attendance for children in remote areas?

4. What is the real cost for the family of having a child in school at the different levels? What is done to allow for children from poor families to continue their education?

5. What measures are taken to develop the quality of education and teaching?

6. Please indicate whether children may be taught in local, minority or indigenous languages.


Special protection measures

a. Children in situations of emergency (Arts. 22, 38 and 39 of the Convention)

1. To what extent is the government's policy towards refugee and displaced children consistent with the principles of non-discrimination, best interests of the child, the right to life, survival and development and respect for the views of the child? What comprehensive measures are envisaged to solve the problems of displaced children?

2. What steps are taken to protect children from being victimized during counter-insurgency activities?

3. What concrete measures have been taken for the implementation of article 39?

b. Children in conflict with the law (Arts. 37, 39 and 40 of the Convention)

4. Please provide detailed information on the system of administration of juvenile justice and on the situation of children in conflict with the law and, in particular, on the following questions:

- The prohibition of unlawful or arbitrary deprivation of liberty;

- Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

- The number of children deprived of their liberty and the reasons why;

- The possibility of prompt access to legal and other assistance and of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority;

- Special education of judges for cases involving children; Measures taken to implement article 40 of the Convention;

5. Please provide information on the implications of Decree Law 25564, including on the compatibility of that law with the provisions of the Convention, on the number of cases involving children dealt with under that Decree Law and or) the treatment of those sentenced.

6. Please also provide further information on the treatment of young law offenders and, in particular, on the following questions:

- What types of institutions exist for the custody of young law offenders and what specific official rules are there for their treatment?

- What opportunities are there for contact with families?

- How are the conditions in such institutions monitored?

- Are there complaint procedures in cases of ill-treatment?

- What education and health facilities are there in these institutions?

- What is the composition and educational background of the personnel in these institutions? To what extent have they received training about the provisions of the Convention and about international rules concerning the treatment of young offenders?

c. Children in situations of exploitation (Arts. 32, 33, 34, 35, 36,and 39 of the Convention)

7. Has the new Minors' Code (Legislative Decree No. 26.102) been modified to be brought into conformity with the International Labour Conventions ratified by Peru? This refers to articles 19, 22, 40, 48 and 54 of the legislation promulgated on 29 December 1992.

8. What are the final recommendations of the Multisectoral Committee (set up by Ministerial Resolution No. 275-90-PCM of 26 June 1990) concerning the children and young persons who work in the Madre de Dios gold mines and washeries and are any measures foreseen to implement these recommendations?

9. What are the measures taken or envisaged by the Government to prevent the exploitation of children working as domestics?

10. Please also indicate measures taken or planned to combat drug abuse and sexual exploitation of children.

d. Children belonging to a minority or an indigenous group (Art. 30 of the Convention)

1l. Please provide information on children belonging to minorities or indigenous groups. What affirmative action is being taken to ensure that these children are not discriminated against in the enjoyment of their rights?


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