Lists of Issues - CRC - Portugal - CRC/C/Q/POR/2 (2001)

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 Portugal (CRC/C/65/Add.11)

Part I

Under this section the State party is requested to submit in written form additional and updated information, if available (before 1 August 2001):

1. Please provide additional disaggregated (by gender, age and region/municipality) data, for 1998-2001, on budget allocations and trends (in percentages of the national and regional/municipality budgets) allocated to implementation of the Convention, evaluating also the priorities for budgetary expenditures given to the following:

c) Health care, including primary, adolescent and other child related health services

e) Protection of children who are in need of alternative care (including, for example, support to foster families and alternative care institutions)

g) the protection of children who are in need of alternative care including the support of care institutions

2. Please provide disaggregated data (by gender, age, if possible by minority groups, urban or rural areas) covering the period 1998-2000 on the:

c) Number of children with disabilities enrolled in regular education or special education systems

3. Please provide disaggregated data on adolescent health, including on the incidence of sexually transmitted diseases (STDs), HIV/AIDS, early pregnancy, drug and alcohol abuse (including within the family), suicide, accidents and mental health concerns.

4. Please provide disaggregated data (by gender, age, urban or rural areas, and if possible by minority groups, such as immigrants and the Roma) covering the period 1998-2000 on the:

b) Enrolment in pre-school, primary and secondary school in percentages of the total number of pre-school age children

5. Please provide statistical data (including, where relevant, by gender, age, type of crime and type of sanction) covering the period between 1998 to 2000 on the:

c) number of minors who were sentenced by Courts to sanctions, and the nature of sanctions (community service; detention; other types of sanctions);

d) 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.

6. With reference to, inter-alia, paragraphs 471 and 472 of the State party report, and to the extent that the changes referred to have been implemented, please provide statistical disaggregated data for children under 12 considered outside of judicial proceedings by the Protection Boards, with regard to:

a) The number and type of situations for which children were considered under such proceedings

c) The number of minors placed with their own families or with social institutions

7. With reference to special protection measures please provide, and evaluate, statistical data (including by gender, age, urban/rural areas, per year) between 1998 and 2000 on the number of children:

a) Involved in sexual exploitation, including prostitution, pornography and trafficking, and the number of children provided with access to rehabilitation and other assistance

b) Involved in substance abuse, and the number of children who received treatment and rehabilitative assistance.

e) Seeking asylum and provided with refugee status, including non-accompanied minors

B. General Measures of Implementation

1. Please provide information on the compatibility of domestic legislation with the provisions and principles of the Convention on the Rights of the Child.

2. Please explain the State party's child rights priorities under a National Plan of Action or any other principal child rights policy or programme.

3. Please provide updated information on the Convention's implementation in the Azores and in Madeira.

4. In the context of paragraph 19 of the Committee's recommendations (CRC/C/15/add.45) following the State party's initial report please clarify which mechanisms/institutions have primary responsibility for the co-ordination and monitoring of the Convention's implementation at national, regional and local levels. Please indicate whether there is any independent body monitoring the Convention's implementation. In addition, please provide details of the mandate, functions and budget of the National Commission on the Rights of the Child.

5. Please provide details on the working relationship between NGOs focusing on human rights issues and public authorities.

Please provide the Committee with 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.

Under this section, States parties are invited, whenever appropriate, to briefly (3 pages maximum) up-date the information provided in their report with regard to:

- new bills or enacted legislation (including, in particular, those instruments referred to in the State party report)

The following is a preliminary list of major issues that the Committee intends to take up during the dialogue with the State party. They do not require written answers.

2. (With reference to paragraph 21 CRC/C/15/add.45) Analysis of progress of policies in addressing discrimination affecting girls, children with disabilities, minorities (such as the Roma), children in irregular immigration situations, non-accompanied children and children living in rural areas, especially in the fields of education and health.

3. (With reference to the State party report, paragraph 122-134) Progress made in assuring the child's right to be heard, including through legislation in the context of a) foster care, b) adoption, c) children's homes.

4. (With reference to paragraph 320 of the State party report) Progress made in reducing the high number of accidents of which children are victims, and in view of available data.

5. (With reference to paragraph 23 CRC/C/15/add.45) Progress made in forming and implementing a National policy and changes in the penal code to prevent child abuse and corporal punishment, including within the family.

6. (With reference, inter-alia, to paragraph 102 of the State party report) Analysis of progress made toward reducing the institutionalisation of children in the context of alternative care, including in implementation of the "Adoption Programme for 2000" and progress made in improving review of alternative care placements.

7. (With reference to paragraphs 217-268 of the State party report) Progress made toward ensuring an equitable geographic distribution of resources for the regular and, where needed, special education of children with disabilities in order to enable their integration into society.

8. Progress made in improving quality of, access to, and availability of relevant facilities in, the public health system, especially in rural areas.

9. Analysis of progress made toward reducing the high incidence of teenage pregnancies and preventing the use of alcohol and abuse of substances by adolescents.

10. Progress made with regard to increasing investment in education, improving the quality of education, reducing drop-out rates and ensuring equal access for all children, including children in irregular immigration situations.

11. (With reference to paragraphs 364-372 and 103 of the State party report) Assessment of the impact on the situation of children in poverty of the Department of Social Action's strategy "What it means to be a child" and the impact, on children, of the law concerning the introduction of means tested social service benefits. Analysis of progress made toward ensuring that all children, especially minorities and immigrants, have access to adequate housing, including with regard to space and sanitation concerns. (With reference to paragraph 89 of the State party report) Overall progress made in ensuring respect for the rights of children from poor families, and particularly children from immigrant and/or minority communities. Analysis of progress made in implementing the "Global Plan on Family Policy" and the impact on the Convention's implementation.

12. (With reference to paragraph 24 CRC/C/15/add.45) The progress made in addressing the situation of children living and/or working on the street, including efforts made to assist them and address the causes of this concern.

13. (With reference to paragraph 25 CRC/C/15/add.45 and paragraphs 452-477 of the State party report) Progress made in reforming the juvenile justice system, including progress made in strengthening the Ministry for Solidarity and Social security toward the social integration of marginalised children.

14. Outcome of the research conducted by the High Commissioner on resettlement of immigrants and ethnic minorities ensuring equal opportunity to all and combating xenophobia, racism and exclusion, including through, including Roma and especially with regard to their access to bilingual education.