Replies to Lists of Issues - CRC - Cyprus

Reply to List of Issues : Cyprus. 11/04/96.

. (Reply to List of Issues)

COMMITTEE ON THE RIGHTS OF THE CHILD

WRITTEN REPLIES BY THE GOVERNMENT OF CYPRUS CONCERNING THE LIST
OF ISSUES (CRC/C.11/WP.3) RECEIVED FROM THE COMMITTEE ON THE RIGHTS

OF THE CHILD IN CONNECTION WITH THE INITIAL REPORT OF CYPRUS

(CRC/C/8/Add.24)

Received on 11 April 1996

IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS
OF THE CHILD

Response to the list of issues brought up in
connection with the consideration of the initial
report ot Cyprus

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

1. Under Article 169 of the Constitution of the Republic of Cyprus, any treaty, convention or international agreement must be negotiated and signed under a decision of the Council of Ministers and it only becomes operative and binding on the Republic when approved by a law made by the House of Representatives (Parliament) whereupon it is concluded.

Treaties, conventions and agreements concluded as above have, as from their publication in the Official Gazette of the Republic, superior force to any domestic law on condition that such treaties, conventions and agreements are applied by the other party thereto.

The Convention on the Rights of the Child was signed on 5th October 1990 following the Decision of the Council of Ministers No. 34,150 dated 20th September 1990. The Convention was ratified by Law No. 243 of 1990 and was published in the Official Gazette of the Republic No. 2566 of 28th December 1990.

Since the enactment of the Convention on the Rights of the Child (Ratification) Law of 1990, the Convention has superior force to any national law and some of its provision have been relied on in Judicial proceedings affecting the status of a child and or its rights on several occasions.

In particular, Articles 1, 2, 3, 4, 9, 19, 20, 27, 32, 33, 36 and 39 of the Convention have been invoked in court proceedings. As a result, in Judgements delivered recently by the Supreme Court as well as the District Courts of Cyprus, provisions of the Convention have not only been taken into account but have indeed affected the outcome of the case.
2. Progress has been made with respect to the legislation mentioned in paras 5 and 6 of the report. The bill regarding compulsory education of children between the ages of 12-15 years, was approved by the House of Representatives and a law has been enforced (Law 24(1)/93).
The process for amending the Special Education Law 47/79, in order to harmonize it with new perspectives and trends, is in its final stage (see point 21).
3. The Department of Social Welfare Services (of the Ministry of Labour and Social Insurance) coordinated the preparation of the initial report and both governmental and non-governmental agencies participated in the process.
The Department requested written reports from government departments and non-governmental organisations whose policies and programmes are relevant to the principles of the Convention and after studying the reports and seeking clarifications where necessary, incorporated the information received into the initial report and submitted it to the Ministry of Foreign Affairs.
Non-governmental organisations which participated by submitting written reports, included the Committee for the Protection and Welfare of Children, the Association for the Prevention and Combatting of Domestic Violence, the Family Planning Association, the School for Parents etc. Besides, it should be noted that some governmental agencies have an on-going relationship with non-governmental organisations who are partners in the implementation of social programmes or sponsors (e.g. communities, voluntary organisation, trade unions etc.) and information about this relationship was included in some of the governmental reports Submitted to the Department, where it was pertinent to the principles and provisions of the Convention.

4. Members of the Central Committee for the implementation of the Convention on the Rights of the Child, are representatives of Government Departments or Ministries and non-governmental organisations concerned with children's rights. They are responsible for reporting to the Committee on relevant data collected and interpreted by their agencies and on measures taken, pertaining to the implementation of the Convention.

In the main, separate mechanisms for collecting data on the implementation of the Convention have not been introduced. This is because existing data collection mechanisms at the various agencies concerned, produce an abundance of information from which data pertinent to the Convention is selected. Data collection mechanisms already in place, involve the analysis of statistical data, the monitoring of programmes and, in some cases, the undertaking of surveys. The Legal Service is planning to install, very shortly, a central system for collecting and storing data on the implementation of the Convention in relation to court proceedings and Judicial pronouncements and decisions as well as in relation to legal opinions given by the Legal Service to the competent ministries and various departments.

Governmental and non-governmental agencies whose declared policies are relevant to the Convention, utilize the data collected through their separate mechanisms for the evaluation of their own programmes and the design of new ones when necessary. In this respect, indicators used by members of the Central Committee which serve as bases for monitoring the extent of implementation of the Convention include:

(a) The compliance of established and declared policies with the principles and provisions of the Convention and the existence of relevant legislation.
(b) The relevancy and adequacy of programmes and services, in relation to declared policies.
(c) Developments in the social situation, in relation to policies and programmes.

The following are cited as practical examples of (a), (b) and (c) above, in the areas of social welfare, education and health respectively.
Social welfare policies for children are based on the principles contained in the Convention and are reinforced by appropriate legislation and administrative procedures (described elsewhere in this document). Policies for children are implemented through programmes providing:
- Counselling and supportive services for the family (including preventive services for families at risk and Juvenile delinquents, services for the prevention and combatting of domestic violence, mediation services in custody cases, day-care services, financial assistance, home-help).

- Protective and care services for children who are deprived of a family environment or in whose own best interests cannot be allowed to remain in their environment (Including foster placement, placement in suitable institutions).

- Adoption services for safeguarding the best interest of the child to be adopted.

- Quality control of day-care centres, child minding facilities and residential institutions for children (involving registering and inspecting the facilities, in accordance with legislation, to ensure that they conform with standards, set by regulations, in the areas of safety, hygiene, health, child-space ratio, child-staff ratio, staff qualifications). In line with the principles of the Convention, the educational system in Cyprus is highly sensitive to the importance of developing the child's physical, mental, spiritual, moral and social abilities to their fullest potential. The security of the child and the quality of life at school, are maintained by the Ministry of Education through its services as follows:
- Technical services design school buildings, outdoor premises and equipment, so as to meet children's needs for play and recreational activities. They also inspect and approve indoor equipment to ensure safety, suitability and efficiency.
- Inspectors of schools emphasize the importance of the social climate of the school as part of the hidden curriculum in the development and education of young children and they focus on the significance of interpersonal relationships between teachers and pupils.

- Programme development teams evaluate the adequacy of the curriculum towards the all-round development of the child's personality.

The health of children in Cyprus has improved greatly in recent years as indicated by the existing data. Infant mortality has decreased appreciably and current figures are 9 deaths for 1000 live births compared to 13 in 1976 and 18 in 1973.

There has been a total elimination of malnutrition and major communicable diseases such as polio, neonatal tetanus and diptheria. Other diseases, mainly measles, tuberculosis, pertusis, chest infections and diarrhoea are limited both in their frequency and severity. The reduction in infant and childhood mortality and morbidity is due to the combination of a number of factors such as high levels of hygience, proper care for the mother and child, universal immunizations (free of charge through maternal and child health centres, as well as school health services) elimination of malnutrition and availability of basic health care for everybody.
The results of the latest survey (1994) on immunization coverage in preschool children, showed that all EPI antigens were very satisfactory, though there was room for improvement in the cases of measles and hepatitis B. More specifically, coverage for OPV (polio) and DPT3 (Diptheria, Pertusis, Tetanus) was 96%, for MHR (Measles, Humps, Rubella) 83% and for HBV3 (Hepatitis B) 68%.

5. The Central Committee for monitoring the implementation of the Convention, on which Ministries and non-governmental organisations are represented, was set up on 5.10.95. The Committee comprises of representatives of the Department of Social Welfare Services, the Legal Service, the Ministry of Justice and Public Order, the Ministry of Education and Culture, the Department of Medical Services, the Department of Psychiatric Services, the Committee for the Protection and Welfare of Children (N.G.O.), the Youth Organisation (coordinating body of youth organisations) and the Pancyprian Welfare Council (coordinating body of N.C.0s).

The Committee is in the process of examining the compliance of existing legislation and administrative procedures with the Convention, article by article.

6. In Cyprus, the central concern of the family and society in general is the child and emphasis is given to the promotion of the best interests of children. As children are an integral part of society, measures taken to improve their position focus on children living in a complex, changing world of family interactions and societal forces, and not only on children alone. Their interest are undeniably linked to economic and social developments and the government's commitment to promoting their rights and enhancing their human well-being is reflected in the social policy in place and in the yearly budget allocated for social progr es and services affecting children.

The basic objectives of the Government's overall social policy aret
(a) To secure a minimum acceptable standard of living for all citizens, especially for those who cannot participate, or participate to a limited extent, in the productive process.

(b) To achieve a more balanced distribution of national income and the tax burden, both between different income groups as well as regions. Special emphasis is attached to improving the income position of the refugees.

(c) To implement and improve existing social programmes while planning the introduction of new programmes and schemes aiming at the steady improvement of social services in order to respond effectively to the expectations of those in real need. The importance of an effective social services system has been especially apparent since the Turkish invasion of Cyprus in 1974 and the military occupation of nearly 40% of its territory. The uprooting of a third of the population created many social problems and increased dependence of vulnerable groups on the State. Initially, Government spending focused on meeting the basic survival needs of refugees and others through cash grants and aid in kind. Since then it has gradually moved towards providing long-term housing services for refugees, free secondary education, expanded pre-primary education, expanded health services, a wage-related social insurance scheme and a comprehensive social welfare system which encompasses an array of supportive services for the family and protection and care services for children.

Government expenditure in the fields of health, education, social welfare and social security constitutes about 20% of the annual budget. Taking the area of education as an example of spending exclusively for children, the following figures many be presented:

(a) For the school year 1993-1994, expenditure for all levels of education, both public and private, stood at CŁ211.4 million. Public expenditure amounted to CŁ140.4 million and accounted for 12,9% of the country's budget and 4,39% of the Gross National Product.

(b) The current cost per pupil/student per year, by level of education, is: pre-primary CŁ431; primary CŁ680; secondary CŁ1.374; third level CŁ1.770 and special education CŁ3.155.

7. The principles and provisions of the Convention are an integral part of social welfare policies implemented by the Department of Social Welfare Services and are incorporated in the Department's on-going in-service staff training programme. The training programme addresses the needs of all levels of staff by conducting:

- orientation and basic courses for newly-employed staff,

- refresher courses and seminars on specialised areas of practice for social workers, residential staff and administrative personnel.

In collaboration with other bodies, the Department provides training opportunities not only for its own staff but also for other persons in the government or voluntary sector whose work encompasses aspects of social welfare e.g. police officers, teachers, nurses.

The Management courses organised by the Police Academy upon the promotion of members of the Police Force to the post of Inspector, Chief Inspector, Superintendent and Chief Superintendent, now include in the curriculum lectures on the subject of Human Rights and this has been the case for the last two years. The precise theme of such lectures is "International Conventions and Human Rights". A detailed analysis of all conventions which concern human rights, with particular emphasis on those which the Republic of Cyprus has become a signatory to and which have thereafter been ratified by law, is effected. Amongst these Conventions is the one on the Rights of the Child. The lectures are given by an Officer of the Legal Service of the Republic.

There are demands from various fora, colleges and schools for lectures such as the above to be given by Officers of the Legal Service. The initial training programme for teachers at the Cyprus University and the in-service retraining seminars at the Pedagogical Institute are directly connected with the principles and provisions of the Convention. Some of the subjects included in the above mentioned programmes are, child hygiene, child psychology, pedagogical psychology, teaching exceptional children (retarded and gifted), family sociology and others.

In addition, student-teachers have opportunities to assimilate the principles and provisions of the Convention through various activities organised by the University and student clubs.

The Committee for the Protection and Welfare of Children has been instrumental in educating not only the public but also professionals working with or for children about the principles and provisions of the Convention. Among other activities, the Committee has organised conferences and seminars at which representatives of concerned professional organisations have discussed their obligations arising from the Convention. It has also published a popularised version of the Convention in Greek and has distributed it to all relevant professional organisations (doctors, lawyers, psychologists, social workers, sociologists, teachers, nurses etc.), government departments, establishments responsible for the care and protection of children (both in the public and private sector), schools, members of parliament etc.

Another non-governmental organisation which provides family life education to professionals is the Family Planning Association. Among other activities, the Association, in cooperation with government departments, organises lectures and workshops at secondary schools, higher education establishments, the Police Academy, the School for Nursing, military establishments and youth centres. Besides, the Convention and information material on the Convention have been widely disseminated among Women's Organisations, through the National Machinery for Women's Rights. The principles and provisions of the Convention have been incorporated in the campaign undertaken by Women's Organisations and the National Machinery for Women's Rights, to educate the public on the provisions of our recently reformed Family Law.

8. Yes, the Government intends to publish the summary records and concluding observations together with the State party report.

Definition of the child
(Article 1 of the Convention)

9. There is no provision in any legislation in Cyprus on the minimum age for legal and medical counselling without parental consent nor for sexual majority. However, the inference drawn from the Penal Code Cap. 154 and the Children Law Cap. 352 is that the minimum age for sexual majority is 16 years. Specifically, the Criminal code states that a person having sex with a girl between the ages of 13 and 16 years is guilty of a misdemeanour but it is "a sufficient defence" if that person had "reasonable cause to believe that the female person was of, or above, the age of sixteen year". Similarly, the Children Law states that a person having the custody of "a girl under the age of sixteen years" is liable to imprisonment if he "causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon her".

In accordance with the provisions of the Civil Marriage Laws (Law No. 21/90, covering marriages where both parties belong to the Greek Orthodox Church and Cap. 279 which applies to mixed marriages), the minimum age of marriage is eighteen years for men and women. Persons under the age of eighteen but not-below sixteen must have the consent of their persons/guardians. In the case of an ecclesiastical marriage between two persons who are of the Greek Orthodox religion, the marriage is governed by the Charter of the Greek Orthodox Church of Cyprus. According to the Charter, the man or woman must have attained the age of eighteen. No consent of any other person is needed in this case.

In the case where the man or woman or both are younger, the consent of their natural, adoptive parents or guardians is required if this can be obtained, otherwise the final decision will be left to the Bishop.

The attainment of the age of eighteen for a man and sixteen for a woman is the minimum permissible age for marriage. The relevant Bishop has the right in exceptional cases, after taking into consideration the reasons given, to allow the marriage of persons of a younger age.

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

10. An important Juncture in the Republic's legislation as regards the principles of "the best interests of the child" and "respect for the views of the child", was the enactment of the Relationship between Parents and Children Law 216/90 in 1990. According to this law, every decision made by parents in exercising parental care and every decision of the Court on issues affecting the child, must aim at the best interests of the child. The law also stipulates that according to the level of the child's maturity and the extent of its understanding, the child must be asked its opinion, which should be taken into consideration by the Court, along with other factors, before any decision affecting the child is made. Except for the Adoption Law, no prior legislation had underlined these principles so explicitly and with such resoluteness. Since that time, all new legislation concerning children, contains provisions for safeguarding the best interests of the child and respecting its views. (The Violence in the Family (Prevention on Protection of Victims] Law 47 (I) /94, the Convention on Protection of Children and Co-operation in respect of intercountry Adoption [Ratification] Law 26(III)/94, the Adoption Law 19(I)/95, the Centres for the Protection and Care of Children Law 2(I)/96).

In Judicial proceedings affecting a child, the Court appoints a Welfare Officer (of the Department of Social Welfare Services) who has a duty, in accordance with relevant Rules of Court (2/96 and 1/72), to fully investigate the circumstances relating to the application in order to safeguard the best interests of the child before the Court, and to submit a relevant report to the Court.

The Welfare Officer also has the duty to determine whether or not the child is of an age to understand the consequences of the order for which the application has been made. If so, the Welfare Officer must determine whether the child has been informed about the application and its consequences. If the child has not been informed, the Welfare Officer must do so and notify the Court that the child has been informed. It is the duty of the Welfare Officer to be present in Court whenever necessary for the purposes of the application.

In administrative proceedings which are, in the main, implemented by the Department of Social Welfare Services, the singular objective is to safeguard the child's best interests while respecting its views. Where the family situation is such that it calls for the child to be taken into care, for example, every effort is made to appropriately prepare the child for its imminent removal and to encourage it to participate, in a way appropriate to its age and understanding, in the planning process.

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

11. The Republic of Cyprus Citizenship Law No. 43/67 provides in section 4 that for the citizenship of children, only the citizenship of the father is taken into account unless they are born out of wedlock or the father has no citizenship, in which case the citizenship of the mother is taken into account.

Therefore, women and men do not enjoy equal rights with respect to the nationality of their children.

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

12. Issues concerning the legal status of children born outside wedlock are regulated by the Children (Relationship and Legal Status) Law 187/91.

In the case of voluntary or legal recognition of the child by its father, the child acquires from the date of its birth, the legal status and the rights of a child born within marriage in respect to its parents and their relatives.

The father of a child born out of wedlock can recognise his child voluntarily, if the mother consents to this, by making a sworn statement or a will. The mother's right to refuse consent is limited to the case where she claims that the person seeking to recognise the child is not its biological father.

If the mother of a child born outside wedlock refuses to give her consent for the child to be voluntarily recognised by its father, the father has the right to seek legal recognition of the child through the Court. The father's right to seek legal recognition, lapses after three years if the mother refuses to give her consent for voluntary recognition of the child.

The mother of a child born outside wedlock and the child itself have the right to apply to the Court for legal recognition of the child by its father. The mother's right lapses five years after the child's birth and the child's right lapses three years after the child reaches adulthood.

According to the Relationship between Parents and Children Law 216/90, the mother of a child born out of wedlock has "parental care", which encompasses determining the child's name, having custody of the child, administering its property and representing it in every matter and in judicial proceedings concerning the child itself or its property. if the child is recognised by its father, it is the duty and right of both parents to Jointly exercise parental care.

Being aware of the increased demands and stresses placed on single-parent families, where the parent has to single-handedly take on family tasks and needs while dealing with the pain of separation, divorce or bereavement, the Department of Social Welfare Services lays great emphasis on the provision of adequate services. Such services, which aim at supporting parents and preventing negative effects on children, include:

- Counselling;

- Mediation between parents in child custody and access cases;

- Child care services;

- Instrumental assistance including home-help;

- Financial support, in special cases, public assistance may be granted even if the parent is fully employed.

13. Pre-marital and parenthood counselling is available in both the public and private sectors.

The Department of Social Welfare Services provides parenthood counselling within the framework of its preventive and curative programmes for families with functional difficulties (poverty, health, housing, social inadequacies and disabilities, family discord etc.).

In secondary schools, children are educated on health and social matters, including family issues, during Social Education lessons. School counsellors also provide personal guidance. At the same, the Family Planning Association, which is a non-governmental organisation established in 1971, cooperates with the Ministry of Education and Culture for the organisation of training seminars for different age-groups. The Association makes use of a number of exercises involving the children themselves, in an effort to examine and discuss sex roles, role responsibilities, role conflicts etc. Exercises for older children aim at overcoming traditional beliefs and values on sex roles and attitudes. Classes are always mixed and the fact that boys and girls exchange views on these issues helps to bridge the sex-role gap and promote healthier attitudes towards the opposite sex.

In the area of adult education, the Family Planning Association organises lectures and workshops on sexual and family life issues, at work places, higher education establishments, youth centres, the School of Nursing, The Police Academy and military establishments. Through its clinical services, volunteer gynaecologists and trained staff provide personalised pre-marital and parenthood counselling to women and young people on request. Similarly, the Association's Youth Service provides young people with the opportunity to receive confidential assistance on issues such as interpersonal and family relationships, sexual relations, contraception, pregnancy, AIDS/STDs, preparation for adult life etc. Since 1996, the Youth Service has been supported by a group of young committed volunteers who have been trained in order to run a Not Line for young people.

The Adult Education Centre, which is under the Ministry of Education and Culture, organises lectures and debates on pre-marital and parenthood issues. During the school year 1994-95, 600 lectures and debates were organised in many areas of the island.

Besides, the Pancyprian School for Parents, which is a very active non-governmental Organisation, provides technical guidance and information on family and parenting issues to parents and future parents. They have recently established a multidisciplinary service for parents and children facing communication or other family problems. The School for Parents cooperates closely with the Teachers Union, the Organisation of Primary School Inspectors, Parents Associations, the Family Planning Association and relevant professional societies. Lectures are given by experienced professionals (social workers, psychologists, teachers, doctors etc.).

The Ministry of Health also organises parental education sessions in every big town and recently in some large communities. These antenatal sessions for pregnant women and their husbands are carried out by multidisciplinary teams (health visitors, midwives, paediatricians, gynaecologists, representatives of the Family Planning Association, physiotherapists, psychiatrists). However, coverage of the Population is limited as classes are organised in urban areas and only once a week.

14. The Children Law Cap. 352 provides for the protection of a child under the age of 16 years from publications that Would tend to corrupt it. Any person who prints, publishes, sells or lets on hire any such publication is liable on conviction to a line or imprisonment or both. According to the same Law, any officer of welfare officer may confiscate such publications and these are destroyed or disposed of, according to the instructions of the Court. On the application of a police officer or welfare officer, the Court may grant a warrant to search buildings or places where it is believed that such works are being kept and to seize any such publications found there.

In accordance with the Obscene Publications Laws of 1963 and 1976, it is a criminal offence to publish, distribute circulate, sell etc. any obscene material. Under these Laws an article is deemed to be obscene if its effect is such as to tend to deprave and corrupt persons who are likely to read, see, or hear the matter contained therein.

In the case of films, their exhibition is governed by the Cinematograph Films Law Cap. 43 as amended. By virtue of the Cinematograph Films (Censorship) Regulations, a Censorship Committee has been established for the classification of films into categories. Children under the age of thirteen are not allowed to see films classified in category 2 and children under eighteen are not allowed to see films classified in category 3.

Sex films, horror films etc. are shown on the several channels of the Cyprus Television at late hours but there is a previous announcement warning parents and guardians to that effect.

15. As regards the information contained in para 64 of the report, it must be stressed that the Cyprus Government has repeatedly reported and continues to report the issue to the United Nations and specifically to the Humanitarian Branch of UNICEF. As a result, the United Nations has made the following specific recommendations to the occupying forces, which were included in the latest six-monthly report of the U.N. General Secretary, dated 10.12.95:

(a) There should be no hindrance at any any time to children of Karpas Greek Cypriots returning to their family homes without formality;

(b) All Karpas Greek Cypriot Students attending secon-dary schools or third-level institutions in the south should be allowed to return to their homes on weekends and holidays;

(c) Secondary schooling for Greek Cypriots should be facilitated in the Karpas, and teachers and school supplies for Greek Cypriots should be allowed to be provided from the south without hindrance,

Despite the above, the Turkish occupying forces have not responded.

The number of children affected, disaggregated by location, gender and ethnic origin, is shown below:

(a) Children in the occupied areas, aged 0-18 years

Greek Cypriots		MaronitesTOTAL CHILDREN
Boys	Girls	TotalBoysGirlsTotal
35	31	6621369

Greek Cypriots		MaronitesTOTAL CHILDREN
Boys	Girls	TotalBoysGirlsTotal
1	8	941514

In the case of (b) and (c) above, children are not allowed by the occupation forces to visit their parents in the occupied areas or to return to them when their studies are completed.

16. The Government of Cyprus has already ratified the Convention for the Protection of Children and Cooperation in respect of Intercountry Adoption, by Law No. 26(III)/94, with legal effect as from 1.6.95.

17. No study has been undertaken as yet on child abuse. However, in line with the provisions of the Violence in the Family (Prevention and Protection of Victims) Law 47(1)/94, a ten-member Advisory committee was recently established, which will undertake activities aiming at preventing and combatting domestic violence. These include monitoring the situation in Cyprus, informing the public and professionals of developments, encouraging studies on violence in the family, promoting services to deal with all aspects of the problem and monitoring the effectiveness of relevant services and the implementation of the law.

The Committee consists of 5 members from the government sector and 5 members from the voluntary sector, who were personally appointed by the Council of Ministers (decision no. 43.652, dated 24.1.96). It is chaired by a Principal Welfare Officer of the Department of Social Welfare Services.

18. Children can lodge complaints concerning abuse or neglect through Family Counsellors, who are welfare officers of the Department of Social Welfare Services specially appointed by law (the Violence in the Family [Prevention and Protection of Victims] Law 47(I)/94) to investigate into complaints and take measures specified in the law. Children can also lodge complaints through police officers.

19. The results of the survey mentioned in para. 54 of the report showed that 36% of the sample, i.e. 662 school age children (below the age of 11 years) of working parents, were unsupervised after school until the time their parents returned home from work.

The Department of Social Welfare Services took immediate action to address this issue in cooperation with communities. Areas where care services were inadequate were identified and new day centres for school age children were established. There are currently 34 such community day centres whereas in 1991, when the survey was conducted, there were only 8. Since 1991 an amount of CE415.500 has been provided to communities and voluntary organisations, in the form of government grants, for the establishment and operation of these centres and an amount of CŁ1.313.836 has been invested in them by the communities themselves.

Meanwhile, the Department of Social Welfare Services prepared a bill aiming at maintaining adequate standards of operation of these centres and a relevant law was passed in 1996 (the Centres for the Protection and Care of Children Law 2(1)/96). In accordance with this law, centres will be registered and inspected and regulations will shortly be made to set minimum standards in the areas of safety, hygiene, health, child-space ratio, chlld-staff ratio and qualifications of staff.

In parallel, emphasis is laid on reinforcing community day-care centres for pre-school children, which remain open in the afternoon to provide care to children of working parents. In 1995, an amount of CŁ336.300 was provided to various communities, in the form of government grants, for the operation of 45 day-care centres for pre-school children and an amount of CŁ1.644.868 was invested in them by the communities themselves. In total, there are 355 day-care centres of which 60 are run by communities, 11 by the Government and 284 are privately-owned.

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

20. The main type of accidents affecting children in Cyprus are road traffic accidents, though the number of children involved is not great (0,77% of the child population in 1994 and 0,53% in 1995). The following table for the years 1994 and 1995 shows the numbers of children involved in accidents (as pedestrians, riders or passengers of bicycles or motorbikes, passengers or drivers of cars or other vehicles) and the resulting injury to them i.e. death, serious injury or minor injury.

YEAR	Children aged 0-18 years injured in road traffic accidents
	Death	Serious injury	Minor injury	Total	Percentage of child population
1994	27	432	1055	1514	0,77%
1995	20	327	718	1065	0,53%

Among the measures taken by the Police Force to prevent/address this problem is the organisation of road safety campaigns to, increase public awareness of the dangers of speeding and drinking and driving as well as the importance of using car safety belts and helmets, in the case of motorbike drivers. Road safety lectures are also given in schools by Police Officers.

Particular emphasis is placed on preventive measures for children who commit traffic offences such as driving cars or motor-bikes below the legal age. In accordance with a decriminalisation procedure adopted in 1978 and implemented in cooperation with the Police, the Department of Social Welfare Services and the Attorney General, penal measures are avoided for children under 16 years. The handling of cases involving children under 14 years of age who are not guilty of a serious offence, is usually entrusted to the Department of Social Welfare Services which provides preventive services to the child but also to the family as a whole. Cases involving children aged 14-16 years are reviewed by a special committee, consisting of representatives of the Police Force and Department of Social Welfare Services, which submits recommendations to the Attorney General on penal or social welfare measures to be taken, depending on the circumstances of each case. Another category of accidents affecting children is poisoning. In 1993, a medical survey was carried out among children aged 0-13 years brought to Casualty Departments after ingesting poisonous substances, such as cleaning fluids, paraffin, medications. In accordance with the findings of the survey, the majority of cases i.e. 92,4% involved children aged 0-5 years. When expressed as a rate on the child population in the same age group, it was found that 5 per 1000 children aged 0-5 years were affected by poisoning accidents.

An important measure taken to prevent/address this problem is the incorporation of safety issues in parental education sessions (described under point 13). The problem is also addressed during "Safety Week" which is an annual public education campaign organised by the Ministry of Labour and Social Insurance, aiming at the increase of public awareness or safety issues.

21. Concerning children with special needs, the following measures have been taken to follow-up on the concluding suggestions of the Committee mentioned in para. 104 of the report:

(a) A bill was prepared amending the law for Special Education (Law 47/79) in order to harmonize it with new perspectives and trends on the integration of persons with special needs into the community.

(b) A Ministerial Committee, comprising the Minister of Education and Culture, the Minister of Finance and the Minister or Labour and Social Insurance, was appointed by the Council of Ministers to investigate into developmental needs and government policy on Special Education and to submit a report to the Council of Ministers.

To this end, a Departmental Committee was set up (consisting of representatives of the Department of Primary Education, the Ministry of Finance, the Department of Social Welfare Services and the Planning Bureau) with instructions to prepare a strategic plan, to study the bill amending the Special Education Law and to submit recommendations to the Ministerial Committee. The bill is in the final stages of study and will shortly be submitted to the House of Representatives for approval.

(c) In the last three years, speech therapists have been employed by the Ministry of Education to meet the language and communication needs of children in special schools. They also visit ordinary schools when necessary.

(d) Financial assistance is given to parents' associations to enable them to provide extra-curricular activities for trainable children after regular school hours.

(e) Training seminars are organised to introduce teachers to new ideas in order to improve their teaching techniques in dealing with trainable children. Such seminars are conducted by specialists both from Cyprus and abroad.

22. The new health education programme is an interdisciplinary, cross-curricular and wholistic programme, aiming mainly at increasing sensitivities, awareness and a positive attitude towards health issues. The programme is promoted mainly through science, home economics, physical education and social studies classes as well as through training seminars organised in cooperation with the Family Planning Association (see also point 13).

Health education objectives included in the new Curriculum for Primary Education (1994) are:

- Nursery and primary schools have to help children:

- to develop positive attitudes and skills regarding health,

- to acquire basic knowledge about their body, the care of their body and elementary first-aid knowledge and skills,

- to acquire skills which will help them to protect themselves from dangers, in order to maintain their physical, spiritual, psychological and social health,

- to cultivate attitudes of cleanliness and health,

- to communicate, accept and respect people with special needs in their social environment,

- to develop healthy nutritional habits and attitudes,

- to become well informed consumers,

- to acquire knowledge about various substances such as salt, sugar, alcohol, nicotine etc. and about the damage the use of these substances could cause to their health.

Health and hygiene education is reinforced through in-service training seminars, the publication of relevant teacher books and text books for children and the personal interest shown by primary school inspectors.

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

23. All forms of corporal punishment are strictly forbidden in schools since the early sixties. The implementation of school rules by children is achieved by persuasion. When a child is guilty of serious misdemeanors or misbehavior and does not respond to the efforts of the teachers through persuasion, the headmaster of the school, in cooperation with the inspector, the educational psychologist and the parents of the child, plans an individual programme and special strategies to help the child.

24. The popularised publication on the "Rights of the Child" contained in the Convention, prepared by the Committee for the Protection and Welfare of Children, has been distributed to all educational establishments to be used in teaching activities.

Besides, the philosophy, objectives and methodologes of the educational system in Cyprus and the content of the curricula, comply with the principles and provisions of the Convention.

The basic aim of education in Cyprus is to organise teaching and learning activities that give all children, without discriminations based on age, gender, family or social origin, nationality or mental ability, the proper guidance and assistance to help them:

- Acquire the necessary knowledge and develop positive attitudes and suitable skills in the following learning areas: social coexistence, cooperation, solidarity, humanistic values, human rights and obligations, physical environment, freedom, democracy, justice and peace.

- Successfully face the various problems and chal-lenges they meet in school-life and society in general.

- Promote cooperation, mutual understanding and love among people of all countries.

Furthermore, great emphasis is given to the principle that every teaching activity in school should focus on efforts to satisfy the educational needs, the interests and the inclinations of each child as a unique personality, towards the all-round development of its personality.

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

25. Cyprus does not recruit children under the age of 17 years into its armed forces. As regards the protection of civilians in armed conflicts, apart from general Civil Defence measures, individual plans designed by appropriate Ministries in response to the provisions of a bill concerning a Civilian Emergency Plan, include:

- the care of unprotected children,
- the organisation of meals in schools,
- pharmaceutical and hygiene care of the population,
- the provision of every possible assistance to refugees.

The Department of Social Welfare Services has a legal responsibility to protect children from any form of neglect, abuse, cruel treatment, exploitation and exposure to moral and physical danger and the Director of the Department is empowered by legislation to take into his/her care children who are in need of care and protection (The Children Law Cap. 352, the Violence in the Family [Prevention and Protection of Victims) Law 47(1)/94). The Department's policy has always been to provide protective services in conditions approximating a natural family situation, which facilitate the recovery and rehabilitation of child victims and their reintegration into society (see point 26 regarding interventions).

26. Except when children are in serious danger, efforts are made through the preventive services of the Department of Social Welfare Services to help children in their home environment. These services aim at supporting and strengthening families at risk in order to enable them to function adequately and change conditions which have harmful effects on the children. In rare cases where such services are not voluntarily accepted by parents, the Department may apply for a court order in order to supervise children in their own homes.

The "enabling" role of social workers entails the use of a variety of means, ranging from ego-sustaining techniques in counselling situations, parental guidance and emotional support, to instrumental assistance, such as the provision of home-help services or public assistance, depending on the nature of each case. When parents show a lack of ability to carry the parental role adequately, leaving the child without the proper care and the chance for healthy emotional development, proceedings are started to take the child into care. In such a case, efforts are made to engage the parents' cooperation, as opposed to taking legal measures.

When a child must be taken into care, every effort is made to adequately prepare it for its imminent removal from home and to encourage it to participate in the planning process in a way appropriate to its age and understanding. After the placement (with a foster family, in a group foster home, children's home or hostel), the parents and the child are provided with social work counselling and services with the aim of improving home conditions and the child's situation and facilitating its earliest possible return to its family. Whenever necessary, the Department calls upon the specialised services of psychologists, psychiatrists or other professionals to assist in the recovery of child victims of abuse or neglect and their social reintegration.

In the school environment, the psychological recovery and social reintegration of children is promoted with the help of school counsellors and educational psychologists.

As regards article 40 of the Convention, young people in detention are encouraged to improve the level of their education and vocational training by attending classes in or outside the prison or by correspondence courses. They are given the opportunity to work as far as possible at a type of work they wish to perform, in order to increase their ability to earn their living after release.

Psychological and psychiatric services and support are offered to all young prisoners in need, and involve individual sessions, group discussions and joint meetings with their families. Psychological services are provided on a daily basis and psychiatric services once a week.

Welfare service and support is also given to all young prisoners with regular visits/contacts with their families and home leave, in order to facilitate their reintegration with their families and society at large.

All young offenders have the opportunity to participate in recreational activities and programmes such as sports, athletics, theatre, music, chess etc., which keep them mentally and physically active. After their release, particular care and attention is paid to their environment and great efforts are made to change conditions and situations which had contributed to the basic cause of their imprisonment.

27. Under section 14 of the Criminal Code, Cap. 154 of the Laws of Cyprus, a person under the age of seven years is not criminally responsible for any act or omission and a person between the ages of 7-12 is not criminally responsible for an omission, unless it is proved that at the time of doing the act or making the omission he/she had capacity to know that he/she ought not to do the act or make the omission.

These provisions data back from 1928 and although no case of an offender at such a primary age has been reported, at least since independence in 1960, the expediency or raising the age of absolute criminal non-responsibility is being considered at the Ministry of Justice and Public Order.

28. Under the Juvenile Offenders Law Cap. 157 of the Laws of Cyprus, a "child" is a person under the age of 14 years and a "young person" is a person who is 14 years of age or upwards and under the age of 16 years. The distinction between children and young persons refers mainly to the sentencing powers of the Juvenile Court; by express provision in the aforementioned Law, no child shall in any case be sentenced to imprisonment, and no young person shall be sentenced to imprisonment if he/she can be suitably dealt with in any other way.

Notwithstanding that there is no statutory definition of young offenders above the age of 16, persons under 21 are invariably treated as young offenders and, at times, this category is extended to include persons up to 25. An example in legislation is the Narcotic Drugs and Psychotropic Substances (Amendment) Law 20 of 1992, which provides for the increase of penalties for drug offences up to life imprisonment but also differentiates the treatment of persons under the age of 25 who are first offenders and the offence is connected with personal use of drugs. Such cases are tried summarily and the penalties do not exceed imprisonment for one year.
Criminal policy in Cyprus focusses on extending the use of non-custodial sanctions in substitution of custodial ones, more so in the case of young offenders. A series of judicial decisions over the last 30 years consistently suggest that imprisonment ought to be a measure of last resort and in the case of young offenders, a measure to be avoided, unless considered inevitable in view of the gravity of the offence or the persistent refusal of the young offender to change his/her ways.
In cases of crimes, other than trivial ones, involving young persons up to 21 years of age, it is an established practice to obtain a social inquiry report before passing sentence, in order to secure information from a reliable source about the character, upbringing and environment of the offender and evaluate, in an informed way, the accused's prospects of rehabilitation.

The most frequently used measure in dealing with young offenders is the probation order, placing him/her under the supervision of a probation officer of the Welfare Office.

A bill revising the Probation of Offenders Law has been submitted to the House of Representatives. It introduces community service as an alternative non-custodial sanction which will be combined, with the consent of the offender, with the probation order. This is expected to increase the prospects or rehabilitation, especially for young offenders.

29. In view of the provisions of the Obscene Publications Laws of 1963 and 1976 which apply to all ages and in order to protect children from access to pornographic material, such material is, before distribution for sale, sealed in plastic envelopes. There is no particular legislation prohibiting the production, distribution and possession of pornographic material involving children.

The Criminal Code and any other Law creating an offence are applicable to all offences committed in any foreign country by a citizen of the Republic, if the offence is one punishable in the Republic with death or imprisonment exceeding two years and the act or omission constituting the offence is also punishable by the law of the country where it was committed.

No criminal proceedings can be instituted in the Republic in respect of an offence committed in a foreign country if the accused, having been tried in such country for such offence, was either convicted or acquitted.

Thus, in the case of offences such as defilement of a female under the age of thirteen years of age, or conspiracy to defile a female of any age, unnatural offences with a child under thirteen or any other offences against morality under any Law of the Republic which are punishable with more than two years' imprisonment, a citizen of the Republic may be prosecuted for such offences committed abroad, provided that these are also punishable by the law of the country where they were committed and the person has not been convicted or acquitted in that country as explained above.

30. (Assuming that the clarification sought refers to para. 194 of the Report and not para. 209).

As a general rule, arrest and examination of a pupil suspected of having committed an offence is not effected as school, the aim being to safeguard the necessary privacy. When such course is absolutely necessary, depending mainly on the gravity of the offence, it is effected only with the consent and in the presence of the schoolmaster.

31. The Government of the Republic of Cyprus regrets to state that due to the continuing occupation and illegal control of nearly 40 percent of the territory of the Republic by the military forces of Turkey, the Government is unable to ensure the uniform enjoyment of the rights recognized in the present Convention and is prevented from applying its provisions to those living in the part of the island occupied by the Turkish troops. It should be noted in this respect that for the same reasons all information and data presented in this report concerns the government controlled areas.