List of issues : Yemen. 28/11/95.
CRC/C.11/WP.5. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Eleventh session
Pre-sessional Working Group
20-24 November 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
Yemen
(CRC/C/B/Add.20)

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

1. What is the status of the Convention vis-à-vis constitutional or other national law, including in the event of a conflict with national legislation? Can the provisions of the Convention be invoked in court?

2. Please indicate whether any study has been undertaken to review national legislation and its compatibility with the provisions and, principles of the Convention on the Rights of the Child.

3. Please list any new legal codes or amendments to previous laws which may have been recently adopted in the spirit of the Convention.

4. Please provide further information on the functioning of the Council for Children, including the size of its budget and staff, as well as the achievements of the Council in the area of coordination and monitoring or the implementation of the Convention on the Rights of the Child.

5. 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.

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

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

8. How is the effective implementation of national legislation ensured throughout the country, including in the most remote areas?

9. Please describe the steps taken to implement article 4 of the Convention, namely in regard to the allocation "to the maximum extent of available resources", to ensure the implementation of economic, social and cultural rights and taking into account the difficult economical situation generated by the consequences of the Gulf war and the unification of the country in 1991. (See para. 3 of the report).

10. Please indicate whether any steps have been taken since the submission of the report in order to improve the collection of statistical data and other information on the status of children as a basis for designing programmes for the implementation of the Convention (see para. 4 of the report).

11. What proportion of the national budget is devoted to basic social expenditures and what share of international assistance is devoted to the implementation of the Convention?


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

12. Please provide information on the minimum legal age for criminal responsibility, deprivation of liberty and for giving testimony before the court (paras. 22-24 of the report).

13. what is the age of completion of compulsory education and how does it compare to the minimum age for employment?

14. Please provide information on the minimum legal age for marriage for boys and girls with and without parental consent.

15. Please provide further information on the implementation of article 5 of the Civil Code, relating to the determination of the age of majority, and the criteria used to determine whether a child of 15 full years has full use of his mental capacities, is rational in behaviour and is fully competent to exercise his civil rights. (Para. 16 of the report)


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

Non-discrimination (Article 2)

16. What steps have been taken to prevent and eliminate discriminatory attitudes or prejudices and to ensure an effective protection against discrimination, in particular towards the girl child?

17. Which measures have been taken to reduce disparities between rural and urban areas and to ensure the implementation of the Convention to the most disadvantaged groups of children, including children belonging to minorities, refugee children and disabled children?

Best interests of the child (Article 3)

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

Respect for the views of the child (Article 12)

19. Please indicate the ways in which the principle of respect for the views of the child is reflected in all matters affecting the child, within the family and in judicial and administrative proceedings.

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

20. Please indicate the additional measures taken or envisaged to ensure that all children are registered after birth, including sanctions in the case of failure to register or untimely registration. How is registration ensured particularly in rural areas? is birth registration free of charge (see para. 17 of report)?


Family environment and alternative care
(Arts. 5, 18 paras. 1 and 2, 9, 10, 27 para. 4, 20, 21, 11, 19 and 39 and 25 of the Convention)

21. Please provide information on the procedures governing guardianship, especially the according of guardianship to mothers. In decisions on guardianship is the opinion of the child taken into account? Is there any possibility for the child to challenge the guardianship authority in the case that his opinion has not been taken into account?

22. Have there been reported cases of child abuse within the family? What legislative measures have been adopted to protect the child against such abuse and maltreatment as laid down in art. 19 of the Convention?


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

23. In view of the difficulties encountered in the provision of child welfare services (as outlined in para. 106 of the report), what recent measures have been taken to improve the quality of those services?

24. Please provide further information on the measures taken to address bath the high under 5 mortality rate and the high maternal mortality rate. What additional measures have been @ en to improve access to health services, especially in remote areas (see paras. 110, 112 and 123 of the report)?

25. What steps have been taken to address the needs of disabled children, including access to education, training, health care services, preparation for employment and recreation opportunities (paras. 93-95 and 133 of the report)?

26. What is the current status of the draft law on the assistance to disabled children and their social reintegration? What difficulties, if any, are being encountered with regard to the adoption and implementation of this legislation?

27. What measures are being taken to combat harmful traditional practices affecting the health of children, especially early marriages and female genital mutilation?

28. What measures are being taken to avoid children from disintegrated families becoming street beggars (see para. 102 of the report)?

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

29. Please indicate any additional measures adopted to ensure in practice the right to education for girl children.

30. According to para. 62 (iii) of the report "some groups are opposed to school attendance, one example being the "Akhdam", who refuse to emerge from the abyss of poverty and who reject education for their children". What measures have been taken to integrate children belonging to those groups into the school system?


Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)

31. Ta what extent is the Government's policy towards refugee and displaced children consistent with the principles of non-discrimination, the best interest of the child, the right to life, survival and development, and respect for the views of the child?

32. Please explain why mendicity is considered as a criminal act and subject to penal sanction. Please give additional information on all the existing laws related to mendicity.

33. Please provide information, on the measures taken to follow-up on the suggestions and recommendations contained in paras. 19 and 21 of the Comments of the Human Rights Committee following its consideration of the report of Yemen (CCPR/C/79/Add. 51), in particular the prohibition of capital punishment and life imprisonment. Please provide clarification as to whether such sentences have been applied to children below the age of la.

34. Please provide detailed information on the system of administration of juvenile justice, in particular on the following questions:

- the number of children deprived of their liberty and the reasons for such deprivation of liberty;

- whether children are always detained together with adults (para. 136 of the report)?

- 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;

- other measures taken to implement article 40 of the Convention.

35. Please 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 mules 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 measures has the Government taken to avoid overcrowding prisons ?

- 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)?

- have personnel in these institutions received training about the provisions of the Convention and about other relevant international standards concerning the treatment of young offenders?

36. In cases of sexual abuse perpetrated by an adult against a child and without excessive violence, can the child be subject to prosecution in such instances?

37. Please provide information on concrete measures taken to ensure the effective implementation of article 32 of the Convention. Does a study been initiated on the phenomenon of working children? Does a supervision mechanism exist to combat economic exploitation? Are penalties or sanctions enforced to combat child labour?


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