List of issues : Tunisia. 17/02/95.
CRC/C.9/WP.5. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Pre-sessional Working Group
Ninth session
30 January-3 February 1995


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 Tunisia

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


1. In the light of the final document adopted by the World Conference on Human Rights and of its appeal to States regularly to review the reservations made by them with regard to the international human rights instruments, and in particular to the Convention on the Rights of the Child, please indicate whether consideration has been given to the possibility of withdrawing the reservations and declarations made at the time of ratification of the Convention.

2. Please provide further information on how the report was prepared and on any contribution by non-governmental organizations (report, paras. 33 and 34).

3. In the light of paragraphs 33 to 35 of the report, please give further information on the measures taken to circulate the report among the general public.

4. Taking into account the standing of the Convention on the Rights of the Child under domestic law, please provide further information about the adoption of a child protection code and on its status with regard to the Convention. Please also provide information on any cases in which the Convention has been invoked before the courts.

5. Please provide further information on the measures adopted to make the principles and provisions of the Convention widely known to adults and children.

6. Please describe any measures taken to provide training in the Convention on the Rights of the Child for specialists working on behalf of and with children, including educators, judges, lawyers, police officers and social workers.

7. Please describe to what extent the measures mentioned in paragraphs 16 to 24 of the report ensure coordination of the measures taken to implement the Convention in all its aspects, both nationally and locally. Please provide additional information on the existing data-collection system for assessing the progress made and identifying the hurdles encountered in the process of implementing the Convention.

8. Please describe the measures adopted to ensure the implementation of the economic, social and cultural rights recognized by the Convention and the way in which the maximum extent of the available resources is allocated. Please also indicate what proportion of the official budget, both nation@lly and locally, is earmarked for programmes on behalf of children, particularly children in the most underprivileged groups.

9. Please indicate what share of international assistance is devoted to programmes which benefit children.


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


10. What is the difference between the mandatory school-leaving age and the minimum age for admission to employment?

11. Please describe the impact of a decision relating to statutory emancipation on the enjoyment of the rights recognized by the Convention.


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


12. Please provide additional information on the compatibility of article 2 of the Convention with the legal norm which sets different minimum ages at which young women and young men may contract marriage.

13. Please describe what specific measures are planned to eliminate and prevent discriminatory attitudes and prejudice towards children born out of wedlock, as referred to in the report (paras. 22, 61, 63).

14. Please provide additional information on how the best interests of the child are taken into account in judicial and administrative proceedings, as well as within the framework of the mechanisms in force (report, para. 71).

15. Please specify how the principle of respect for the views of the child, as provided for by article 12 of the Convention, is taken into account in matters affecting the child, in both legislation and judicial and administrative proceedings, as well as at school (paras. 39, 78 to 82).


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


16. Please describe the measures taken to ensure that births are registered in rural areas.

17. Please provide additional information on the steps taken to ensure that all children of unknown parentage and abandoned children are provided with official papers and identity documents in such a way as to help save them from discriminatory treatment.

18. Please describe how children, including adopted children, are guaranteed the right to know their biological parents.

19. With regard to paragraph 92 of the report, please specify how the right of the child to freedom of expression applies under the recent reform of the educational system.

20. Are there any specific legal provisions to protect children from being ill-treated? What complaint procadures may be used by children themselves if their rights are violated?


Family environment and alternative care
(Arts. 5, 18 (paras. 1 and 2), 9, 10, 27 (para. 4), 20, 21, 11, 19, 30 and 25 of the Convention)


21. Please describe the measures taken to protect children against violence and neglect within the family, in application of article 19 of the Convention.

22. Please provide information on any specific measures intended to ensure the effective implementation of article 25 of the Convention concerning a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health.


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


23. Please provide details of the measures adopted to prevent AIDS and of the infrastructure set up to implement the national anti-AIDS campaign. Please provide further information on measures taken to prevent intolerance and discrimination (report, para. 176).

24. Please provide data on the number of children and young people in difficulty who are living below the poverty line, taking into account disparities between rural and urban areas.


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


25. Please describe the difficulties encountered in implementing the Education Act of 29 July 1991.

26. Please explain the high drop-out and failure rates in the schools and indicate what is being done to reduce them.

27. Why does a smaller proportion of girls receive and complete primary and secondary education? Please describe the specific measures taken to reduce the high level of illiteracy among women and to increase the proportion of girls in secondary education.

28. Please describe how the goals of education specified in article 29 are incorporated into the educational system, especially in practice.


Special protection measures
(Arts. 22, 30, 32 to 36, 37, 38, 39 and 40 of the Convention)


29. To what extent is the Government's policy towards refugee and displaced children consistent with the general principles of the Convention, i.e. non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the views of the child?

30. What legislative, judicial and administrative measures have been taken to ensure that refugee children and children seeking asylum enjoy their fundamental rights as recognized by the Convention?

31. Please describe what measures have been taken to ensure the implementation of a government policy on behalf of disabled children so that they may actively participate in the life of the community, particularly in the spheres of education, recreation and preparation for employment. Please provide information on their rate of school enrolment.

32. Please describe the specific measures taken to check juvenile delinquency and to prevent it from increasing (paras. 269 to 273).

33. Please describe the measures adopted to ensure that children deprived of their liberty have prompt access to legal and other appropriate assistance and the right to challenge the legality of the deprivation of liberty before a court or other competent, independent and impartial authority and to ensure a rapid decision in this regard.

34. Please describe the measures taken to ensure that the best interests of the child are the primary consideration in decisions concerning its placement in a specialized institution.

35. Please describe the legal and practical measures taken to ensure that under the system of administration of juvenile justice children are treated in a manner consistent with the promotion of their sense of dignity and worth, which takes into account their age and the desirability of promoting their reintegration and their assumption of a constructive role in society.

36. Please describe the measures taken to ensure that juvenile offenders placed in institutions are able to have contact with their relatives.

37. Please describe how the conditions of detention in institutions for minors or in special blocks for young offenders are monitored and state whether there are any complaints procedures to deal with violations of their rights.

38. Please indicate whether the personnel of such institutions is familiar with the provisions of the Convention and of international law relating to the treatment of young offenders.

39. Please describe the measures taken or any plans to establish procedures, authorities and institutions specifically applicable to children alleged as, accused of or recognized as having infringed the penal law, including juvenile magistrates.

40. Please provide additional information on measures intended to prevent and combat the exploitation of children, and in particular on the following:

The sale and use of narcotics;

The sale, traffic in or abduction of children.

41. Please provide details of the measures taken to prevent informal employment of minors and of the types of activities that 15-year-old minors may perform.

42. Please provide information on the monitoring systems that have been established, such as inspections, and of the procedure that exists to enforce the sanctions laid down to ensure the observance of article 32 of the Convention.

43. Please provide information on the programmes and strategies drawn up to prevent and combat the sexual exploitation and prostitution of children, and on any difficulties encountered by Tunisia in this area.


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