List of issues : Romania. 22/11/95.
CRC/C.5/WP.5. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fifth session
Pre-sessional Working Group
15-19 November 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 Romania
(CRC/C/3/Add.16)


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

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

2. 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?

3. Please describe steps taken to ascertain that administrative structures created to implement provisions in the Convention do function in an effective manner and are well coordinated. Please describe in this context the role of the National Commission for Child Protection.

4. Please provide information on measures taken to coordinate the collection of statistical data and other necessary information about the status of children as a basis for designing programmes for the economic, social and cultural rights of the child.

5. Please provide information on steps taken to harmonize existing legislation with the Convention.

6. Please indicate what proportion of official budgets is allocated to social priorities for children.

7. Please describe decisions taken to ensure in the budget the allocation "to the maximum extent of (... ) available resources for the rights of the child".

8. What steps are taken to encourage the participation of the civil society in the defence of the rights of the child?


General principles

Non-discrimination (Article 2 of the Convention)

1. What general measures are taken to implement the legislation about non-discrimination? Please indicate specific and concrete measures taken to combat discrimination against children belonging to minorities, including measures to eliminate and prevent discriminatory attitudes and prejudices.

Best interests of the child (Article 3 of the Convention)

3. Please indicate in what ways the principle of the "best interests of the child" is made part of the training of judicial personnel.

The right to life, survival and development (Article 6 of the Convention)

4. Please indicate the steps taken to promote "to the maximum extent possible" the survival and development of the child through programmes for Early Childhood Education and Care.

Respect for the views of the child (Article 12 of the Convention)

5. Please indicate how the views of the child are taken into consideration in the legislation e.g. in the family code? Please exemplify how the participation of young people is ensured in the political, social, economic and cultural life.

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


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

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

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

3. Please indicate steps taken to ensure that corporal punishment is not used in schools or other institutions for children. Are there complaint procedures against such violations and could they be used also by children themselves?


Family environment and alternative care
(Arts. 5, 18 paras. 1-3, 9, 10, 27 para. 4, 20, 21, 19, 39 and 25 of the Convention)

1. To what extent are parental education and family counselling services provided for?

2. What is the level of child allowances and how has it developed in relation to trends in cost of living?

3. Please provide information on measures taken to enforce parental responsibility for the maintenance of the child, especially when one parent is not living with the child. What is the State responsibility in this connection?

4. Please indicate developments regarding abandonment of children at birth.

5. What measures are taken to protect the child against such abuse and maltreatment within the family as laid down in art. 19 of the Convention? What research is undertaken into the problem of ill-treatment and sexual abuse of children, including into social factors which influence such violations? What procedures exist for intervention by the authorities in cases where a child needs protection from serious abuse within the family? Can children lodge complaints concerning abuse or neglect?

6. Please describe in more detail plans and programmes for providing institutionalized children with a real possibility to move to parents or other homelike circumstances. What is the attitude of the authorities in relation to further cooperation with non-governmental organisations in this area?

7. What further steps have been taken to support and educate personnel at institutions for children? What is done to avoid that decentralization of authority in relation to these institutions does not deprive them of resources?

8. How far has the education and training programme for social workers developed?

9. Please describe implementation difficulties in relation to the new legislation and procedures regarding adoption. What is the present official position towards inter-country adoptions and what measures are taken to prevent adoptions violating the standards of the Hague Convention on protection of children and cooperation in respect of inter-country adoptions?

10. Are efforts made to respond to incorrect information in foreign media in relation to the situation of children and their availability for adoption?


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26, 18 para. 3 and 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 present balance between curative and preventive health programmes.

2. Are there any plans to further improve the system of education and training for health personnel, including nurses and other staff in regular contact with patients?

3. What is the present situation for children with HIV-infection? What are the measures taken to prevent discrimination against such children? To what extent is prevention of such infection now successful, particularly in the institutional context?

4. Describe steps taken to reduce the high number of abortions.

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


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

1. What portion of the national budget is reserved for education and which portion of it is allocated to primary compulsory education? What are the major items in the education budgets?

2. Please provide statistical and other information disaggregated by gender, rural/urban areas and children belonging to minorities on the level of school enrolment.

3. 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?

4. What measures are taken to improve the quality of education and teaching?

5. Please provide information on the integration of the subject of human rights into formal and non-formal education.


Special protection measures

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

1. Please indicate progress made in adopting legislation on refugee children (para. 147 in the report). Please provide information on the application of article 22 of the Convention.

2. Please provide detailed information on the system of administration of juvenile justice on the following questions:

- 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 assistance and to quick procedures for challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority;

- Measures taken to implement all aspects of article 40 of the Convention.

3. Please provide also 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 relatives?

- 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 measures are taken for the physical and psychological recovery and social reintegration of children in conflict with the law (art. 39)?

- Are personnel in these institutions as well as judges, lawyers and law enforcement personnel trained about the provisions of the Convention and about international rules concerning the administration of juvenile justice?


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

4. Please provide information on penalties or other sanctions to ensure the effective enforcement of article 32 of the Convention, including information on the development of a system of supervision such as inspections. Please also clarify the apparent lack of consistency regarding the minimum age of employment between the Constitution and the Labour Code.

5. What is done to protect children from the use of drugs and either toxic substances?

6. What measures are taken against child prostitution?


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

7. Please provide information on steps taken to encourage school enrolment among children from the Roma minority.


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