Reply to List of Issues
:
Yugoslavia
.
26/05/95
.
. (
Reply to List of Issues
)
COMMITTEE ON THE RIGHTS OF THE CHILD
WRITTEN REPLIES BY THE GOVERNMENT OF THE FEDERAL REPUBLIC
OF YUGOSLAVIA TO THE QUESTIONS ON THE LIST OF ISSUES
(CRC/C.9/WP.30) RECEIVED FROM THE COMMITTEE ON THE RIGHTS
OF THE CHILD IN CONNECTION WITH THE INITIAL REPORT OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (CRC/C.8/Add.16)
[Received on 26 May 1995]
M/CRC/C/(Future)
GE.95-16811 (E)
REPLIES TO THE QUESTIONS RAISED BY THE MEMBERS OF THE WORKING
GROUP OF THE COMMITTEE ON THE RIGHTS OF THE CHILD CONCERNING THE
INITIAL REPORT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA
Question No. 1: Please provide more details about the process of preparing the report, in particular with regard to the involvement of nongovernmental organizations.
Reply:
The first version of the report was drafted by a team of experts from the Social Policy Institute in Belgrade, which is an independent scientific institution. Since the text was not in keeping with the guidelines suggested by the Committee on the Rights of the Child for the drafting of country reports, appropriate changes had to be made; this was done by the competent federal government services. On that occasion, statistics were again checked, and the relevant documents prepared by the competent ministries of both republics (Health, Social welfare and Education) were used to the extent that they complied with the guidelines. A number of technical pavers and newspaper articles were also used to shed more light on certain questions relating to the Convention on the Rights of the Child.
There was specific direct cooperation with the two largest non-governmental organizations (NGOs) working in the area of protection of children:
Friends of Children of Serbia
and the
Children's Union of Montenegro
, which during 1993 had addressed several warnings to the government departments concerned regarding the delay in the preparation of the country's initial report. The reports on the activities of these organizations have also been incorporated in the initial report (paras. 315-343).
The final version of the report was examined by the competent federal government agencies and ratified at the federal Government's session in September 1994. The draft report was sent to the above-mentioned NGOs for their opinion and was found to be too long and too fragmented, since the activities of these organizations are discussed in several different parts of the report.
The report does not cover the activities of the other NGOs during the period 1990-1993, since the authors of the report did not have enough information on their respective activities. The fact that the first version of the report was drafted by an independent, non-governmental team of experts, in compliance with the demand of the two main NGOs that the report should be drafted within the time-limit, and that a good part of the report is devoted to their activities, is an indication that cooperation with the NGOs has been useful and productive.
Since cooperation was established in the interim with other NGOs less known to the public at large and having little influence as yet, we hope that, during the period covered by the next report, greater attention will be paid to the activities of these organizations and their cooperation with the State authorities. This having been said, it should be borne in mind that these are fledgling organizations that do not have a long-standing tradition in our country, that many of them disappear as quickly as they appeared, and that they all suffer from the various problems (material, space, staff) that affect the artisans of new forms of organization in general, including those in our own country.
Certain individual contacts made in 1994 and 1995 with representatives of NGOs have reassured us that there is quite a lot of scope for their activities and for those of the State authorities, and that the ties and cooperation they establish are indispensable and of mutual benefit.
Question No. 2: To what extent have school curricula been adjusted to allow for education about the Convention on the Rights of the Child?
Reply:
The realization of these rights is reflected in the laws on education -primary, secondary, higher, university - and in the Act relating to the Status of Pupils and Students.
These laws govern the rights, obligations and duties of pupils, teachers and educational establishments in the achievement of the goals and purposes of education.
According to the Primary School Act (art. 2),
the goal of primary education
is "the acquisition of general knowledge, education, harmonious development of the pupils' personalities, and preparation for life and for the pursuit of vocational training and education at a higher level". Among the tasks which the primary school is supposed to perform under the Act are those recommended and posited in the Convention on the Rights of the Child (art. 29, para. 1 (a), (b), (c), (d) and (e). The Act reads as follows: "the development of the pupils, intellectual and physical capacities, critical faculties, independence and interest in acquiring knowledge; knowledge of the basic laws of nature, society and human thought; acquisition and development of awareness of the need for the protection of health and the environment; development of humanism, love of truth, patriotism and the other ethical qualities of the personality; education in a spirit of human and cultured relations between people, without regard to sex, race, religion, nationality or personal beliefs; cultivation and development of cultural needs and protection of the cultural heritage". The school carries out these tasks in the framework of the educational and training process, in conducting its curricula and ensuring cooperation between the school and the social and cultural environment, cooperation with parents, etc. Similarly, it is the school's duty under the law (arts. 32 and 33), "to monitor the pupil's development and help him to choose his future training and vocational guidance", in accordance with article 28, paragraph 1 (d), of the Convention on the Rights of the Child. The school also provides "the conditions necessary for practising the social, technical, humanitarian, athletic and cultural activities that help develop a personality", which meets the recommendations covered in article 29, paragraph 1 (a).
The overall objective of primary education and of the tasks mentioned above, which are in conformity with the Convention on the Rights of the Child, has been realized in curricula in relation to the following subjects: mother tongue and literature, plastic arts, musical training, foreign languages, history, and also in the framework of the pupils, leisure activities.
Developing the child's personality with respect for his rights and educating him in a spirit of humanism, solidarity and tolerance, respect and understanding of others are all included in the set tasks comprising the above-mentioned subjects. These tasks are fulfilled through the general programme content or in the framework of cluster topics, so that it is possible to introduce the teaching of the Convention on the Rights of the Child as an extension of these cluster topics or as new topics.
According to the Secondary Education Act, the purposes of secondary education include cultivating moral and aesthetic values, developing "the physical and spiritual qualities of the personality, and developing awareness of humanist values, personal and community responsibility and the protection of health".
Certain of the Act's articles provide for the protection of pupils, rights, to enable the pupils, their parents or their guardians to assure their rights should they be infringed. Pupils or parents (guardians) can take action if they are displeased with the results of the child's school enrolment, his marks, a decision to remove the child from school, etc.
Legal provisions are given practical effect through the curricula for the high schools, technical schools and arts academies. As with the primary-school curricula, some of the recommendations and positions of the Convention on the Rights of the Child, in particular those covered in articles 28 and 29, have been incorporated into the objectives and tasks of a number of subjects taught under the curriculum in force, such as: mother tongue and literature; foreign languages, plastic arts; musical training; constitution and civil rights; sociology; and psychology.
In accordance with the set objectives and tasks in the above-mentioned subjects, it is possible to add new topics, relating to the Convention on the Rights of the Child, to the curricula. Such a possibility also exists for the optional subjects such as ethics, history of the arts, teacher-training and sociology of culture.
The broadest scope for the study and interpretation of the Convention on the Rights of the Child is provided by the curricular and extracurricular activities at the primary and secondary school levels, especially as the
objective and tasks
of educational activity already cover most of the recommendations found in articles 28 and 29 of the Convention.
The objective
of the pupils, education is to develop their abilities and interest "in the different areas of human activity; to develop a creative attitude towards work and material and spiritual assets; to make young people fit for entering life in society". Some goals are: to develop "the pupils, awareness of their own position as
subjects
able to influence the conditions and results of their work"; to educate pupils concerning their activities in society, their participation in the development of a democratic society and to develop their sense of tolerance, mutual assistance and human solidarity in general; and to encourage and develop a spirit of individual initiative, independence, creativity and intellectual curiosity and the desire to seek new knowledge in the fields of science, technology, culture and the arts.
Teaching
is the principal way of fulfilling educational activity. Given the importance of teaching in the structure of educational and training activities, its wealth of content, its methods, forms, means and procedures, as well as the opportunities it provides for interactive relationships, it plays a decisive role in the conduct of educational activities.
Another area with vast potential for education is
extracurricular activities
.
Obligatory
extracurricular activities
include: (1) additional activities to enable particularly gifted children to expand and develop their knowledge; (2) preparatory and extra work for children who temporarily or continually lag behind in their studies or who are to sit grade improvement examinations; and (3) socially useful work which the pupils perform during their leisure time to improve living and working conditions in their immediate community or the community at large.
The pupils'
social and leisure activities
include activities sponsored by the pupils' community; the pupils, cooperatives; cultural, sports, humanitarian and other types of associations; and the various forms of leisure activities.
The activities of the pupils, community enable them to participate in decision-making on issues relevant to their lives and schoolwork by speaking out personally or through their representatives on the school council, to adopt their community's programmes of activity independently and democratically, etc.
The associations working in the schools include the Pupils' Cooperatives, the Red Cross Youth, the Young Woodsmen's Movement, the United Nations Clubs, the Young Researchers, and the Young Musicians.
The immediate objective of the pupils, leisure activities is to contribute to the development of their personality in the areas of training, knowledge, creativity and social activity, i.e. they should encourage the pupils, specific interests in order to guide their affinities and aptitudes and encourage their professional development, motivate them to find an independent and creative job, and also enable them to entertain and amuse themselves. Leisure activities are organized as part of many associations and groups.
Question No. 3: Please indicate whether education about the principles and provisions of the Convention has been incorporated into the training programmes of professional groups working with or for children, such as social workers, teachers, personnel in care institutions, prison staff and law enforcement personnel.
Reply:
With a view to ensuring the active implementation of all the provisions of the Convention on the Rights of the Child, and following its adoption and ratification by Yugoslavia, appropriate expansions were made in the technical and pedagogical programmes designed for all professionals working with children.
Study of the Convention's provisions is included in courses on international legal protection of children and modern health-care systems for children, especially in the framework of parallel systems of protection for children.
The professional staff (social workers, teachers, instructors, jurists) thus trained implement the various provisions of the Convention in their work with children, each in his area of specialization.
At the same time, all refresher courses and special training programmes for professionals working with children stress the importance of implementing certain of the Convention's provisions, with a view to improving continually the system for the protection of children in the Federal Republic of Yugoslavia.
The participants in study courses in the areas of training and education are teachers, collaborating experts and educators.
(a) Teachers
Every teacher's individual work plan is based on the objectives and tasks
in the subject taught. In addition to the curriculum, teachers are given methodological guidelines to help them define the methods and modalities for presenting the contents of their curriculum. There are also special programmes for classroom teachers, for the teacher, as authority in charge, also fulfils pedagogical, organizational and administrative functions. His pedagogical function is to ensure proper conditions for the development of each pupil's personality, abilities, sense of responsibility, correct attitude towards work, creativity, liberty and moral independence and to build and develop the class group in order to make it capable of participating independently in the process of carrying out the training programmes. This is achieved through independent activity by the pupils, interaction with the other participants in the educational process, cooperation with parents, etc. In this way, the principles and provisions of the Convention are included in their activities.
(b) Collaborating experts:
teaching specialists and psychologists
In order to achieve the training objectives as effectively as possible,
schools have a pedagogical-psychological service whose activities are geared to their curricula. Each of the service's programmes is divided into areas of activity covered by the teaching specialist and areas covered by the psychologist.
The school's teaching specialist: (1) helps establish the proper conditions for the best scholastic results and professional development of the pupils and encourages their professional development; (2) holds consultations with the pupils and parents and conducts teacher-training activities with the teachers; (3) helps enrich the knowledge of teachers, parents and pupils in the fields of pedagogy and methodology and takes part in implementation; (4) helps establish positive interpersonal relations between pupils and teachers.
The school psychologist, in addition to helping ensure that the curriculum is carried out, helps to make all forms of educational and training work in the school more human. The psychologist plays a special part in ensuring the necessary conditions for the pupils, self-fulfilment, the promotion of their mental health, and the monitoring of and assistance to the pupil's psychological development. He provides psychological consultations for pupils, parents and teachers and helps establish positive interpersonal relations between pupils and teachers and especially among the pupils themselves. The programme of work of both the psychologist and teaching specialist is accompanied by methodological guidelines encompassing all aspects of their work with the children.
(c) Educators
A special programme, "Key elements of the programme of work with children
up to the age of 3", was prepared for educators, nurses and other staff working with children under 3 years of age in establishments for the care and protection of children. This programme lays down the conditions needed for the cognitive, social and emotional development of the child.
An initial programme (still in the experimental phase) was drawn up in 1994 for educators, teaching specialists and other staff working with children from 3 to 7 years old. The programme is based on the conception of an open educational system designed to offer educators clear guidelines for the education of children of preschool age, but without a previously fixed study or teaching programme. The programme's key focus is the child, as a dynamic and indivisible personality, and not educational contents or specific personality aspects. This programme is based on the concept that the educator is a creator, researcher and practitioner and the critic of his own practice, rather than simply a person carrying out a programme. The following are the basic features of the programme:
Creativity, based on children's natural development and the opportunity for the educator to create educational elements together with the children and not simply to apply them literally;
The democratic spirit, as a framework for the social and technical aspects of the programme, which include diversity, freedom and the opening-up of the training and education process. Attention is paid to the elements that develop cooperativeness, tolerance and other positive qualities in the children;
A humanistic conception of development, according to which children are a value in themselves, are entitled to certain rights and individual personalities and are one factor among many in their own development.
On the basis of this conception, preschool establishments choose conditions and incentives that will lead to the optimum psychological and physical development of the child.
The programme is designed to take account of practically all the recommendations of the Convention on the Rights of the Child regarding the education of children of preschool age.
Although the positions and recommendations of the Convention on the Rights of the Child have already been incorporated into the programmes of activity of educators, teachers and collaborating experts, recent substantial efforts in Serbia have also focused on ensuring that the Convention on the Rights of the Child is taken into account by all those involved in education and training, with pupils, parents and teachers. To familiarize them with the Convention as far as possible, a broad-scale campaign has begun, in cooperation with the Belgrade office of UNICEF:
the Programme of Activities for Achieving the Rights of the Child
. The programme is being conducted by the
Friends of Children of Serbia
organization and the
Institute for the Education of Children and Adults
of the Faculty of Philosophy of Belgrade, in cooperation with the Ministry of Education of Serbia. The programme includes the following activities:
The publication and distribution of the
Primer of the Rights of the Child
, in which a poet known and loved by children has translated the Convention on the Rights of the Child into children's language;
The publication and distribution of practical instructions for use of the
Primer
, entitled
What to do?
, and another entitled,
How to do it?
, with instructions on how to establish and organize
Primer
workshops;
A training programme on the rights of the child, a series of practical training seminars for teachers (collaborating experts, educators, primary and secondary-school teachers) working with children and adults on how to spread the messages contained in the Convention, with a view to achieving and protecting the rights of the child;
Local information campaigns on the rights of the child and implementation of the Convention.
The distribution of the
Primer
and the programming of future activities are currently being organized in both Serbia and Montenegro.
As part of its cooperation with UNICEF in implementing the
Training for Development
programme, the Ministry of Education of the Republic of Serbia is preparing a special publication intended for all primary schools in Serbia, which is to supply substantial information on the programmes of the United Nations, UNESCO and UNICEF in the field of education for peace and international understanding. The publication will also contain the text of the UNICEF programme,
Education for Development
, the Resolution, Declaration and Final Document of the International Conference on Education, held in 1994 at Geneva, on education for peace and international understanding; and finally, the Council of Europe resolution on training for democracy, promotion of ties and exchanges among schools in Europe, etc.
Question No. 4: Please provide information on any national institutions created to promote the rights of the child and monitor the implementation of the Convention on the Rights of the Child. To what extent and in what ways do these institutions, if they exist, cooperate with nongovernmental organizations?
Reply:
There are no special institutions in the Federal Republic of Yugoslavia whose sole objective is to promote the rights of the child and monitor the implementation of the Convention on the Rights of the Child, either at the parliamentary or governmental level. Nor are there any specialized scientific or technical organizations in that area. However, several ministries at the federal and republic levels have services (more or less well-endowed) which deal with the promotion of children's well-being and of the rights guaranteed by the Convention on the Rights of the Child. These services are the following: the Federal Ministry of Labour, Health and Social Policy, which lent its facilities to the Yugoslav Commission for Cooperation with the United Nations Children's Fund (UNICEF) and since 1995 has been a special commission of the Federal Government, responsible to the Federal ministry of Justice - Human Rights Sector (during the period covered by the report, from April 1992 to September 1994, there was a Federal Ministry of Human and Minorities' Rights, as well as a Federal Ministry of Education and Culture). At the republic level, there are the following: the ministries of health, the ministries of labour and social welfare, the ministries of education and the ministries of justice. At the level of the governments of the republics, there are population, family and children's councils, which, as Government advisory bodies, cooperate very successfully with a number of NGOS, especially the family planning associations at the republic and federation levels, and with citizens, associations dealing with the problems of women and children.
The family law departments of the faculties of law in Belgrade, Podgorica and other regional centres help the State authorities to the maximum extent possible as regards enactment of laws, while conducting ongoing cooperation with the NGOS. A group of experts from the faculty of political science in Belgrade conducts activities that are similar in extent and scope to those of the law faculties mentioned above.
The above-mentioned bodies,
Friends of Children of Serbia
, with its Committee for the Rights of the Child, and the
Children's Union of Montenegro
, cover all of the territories in the Republic of Serbia and the Republic of Montenegro, through their community organizations and their central committees at the republic level. At the national level, these bodies, whose activities are based on the Convention on the Rights of the Child, have promoted the Convention in Yugoslavia by organizing various activities (forums, research, arts competitions - see the text of the report, paras. 315-343, for more details). The Committee for the Rights of the Child provides for the full protection of children, to the extent of its possibilities and competence. Many of this organization's activities are conducted in cooperation with the ministries at the republic level (the "Neven" Prize for literature - in cooperation with the ministry of Culture; the activities connected with the "Children' s Week" - with the Ministry of Labour, Veterans and Social Issues, etc.), with material support from the State.
Question No. 5: Please provide information on the measures taken to create and improve mechanisms for collecting statistical data and other necessary information about the status of children. To what extent is the collected data and information used as a basis for designing programmes for the rights of the child?
Reply:
Data concerning the population are systematically collected in all important areas (population, education, social welfare, etc.), and provide the required information on the status of children in the Federal Republic of Yugoslavia.
Statistics of births comprise the data on newborn children as the basis of the reproduction of the population. Data concerning births initially enable total live births and still births to be established.
The data on the number of live births is the positive component of the natural growth of the population. These data determine a country's effective birthrate and are also of importance for studying the fertility of the female population.
Data on still-born infants demonstrate the extent of this phenomenon and enable the causes of death at birth to be studied. On the basis of the established number of children born, and in combination with the various characteristics of the mother, the fertility of the overall female population can be studied.
The data on multiple births permit this phenomenon to be studied in greater depth.
Data on whether the child is or is not born in wedlock and on the characteristics of the mother and father make it possible to establish the distribution of births out of wedlock by region and by population category.
Birth statistics deal with the evolution in the number of births over time, their territorial distribution, and conditions of birth taking into account the place of birth and professional assistance during the birth, the characteristics of the parents of the newborn infants, etc.
The data on conditions of birth show whether the child was born in a medical institution (he or she is then considered to have benefited from professional assistance during birth), or whether he or she was not born in a medical institution but benefited from professional assistance, or else was born without such assistance.
The divorce statistics include the number of children born within a marriage which ends in divorce and the number of children born outside marriage. The number of children born within marriages resulting in divorce is established in terms of the following characteristics: total births, total live births, total still births, total children still living, number of children being brought up following broken marriages and which parent brings up the children following divorce.
The statistics of deaths establish the number of deaths according to age and sex, and in this context give the death rate of infants as a special group (the biologically least resistant group and therefore the most threatened), as well as child mortality by age group (1-4, 5-9, 10-14 and 15-19 years of age). In addition to age and sex structures, the causes of death are also established (particularly of infants), the treatment (if the deceased child received treatment or not) and the place of death (the hospital or elsewhere).
Up-to-date statistics are also kept for other characteristics such as the educational achievement and ethnic origin of the dead persons, while infant mortality is also analysed in terms of the status of the infant within marriage (whether the child was born in wedlock or as the result of an extramarital liaison or was born after the death of the father), the mother's educational achievements and profession and the total number of children born to a mother.
Data are also collected on violent deaths of children (accidents, suicides and murders).
Population censuses provide basic data on the biological, ethnic, educational and other characteristics of children. These data are available at all territorial levels (human settlements, communes, provinces of the Republic).
Educational statistics include annual research concerning children in primary and secondary schools according to sex, educational achievement, year of study and class, language of education, number of pupils repeating a class, and availability of school meals.
Periodic research covers pupils with reference to year of birth, study of foreign languages, extracurricular activities and availability of school libraries.
Consideration is given to the social welfare of children and young people from the level of preschool establishments onwards and takes account of sex, age, length of stay in the establishment, food, payment of living expenses in the establishment and the language in which the training and educational activities are conducted. Also taken into consideration are establishments for housing pupils according to sex, the school attended and the payment of living expenses in the establishment. Where family allowances are concerned, statistics are collected for the number of persons receiving family allowances and children by category of beneficiary.
Welfare for cases of children in need includes children without parental care, according to age, sex, family situation, payment of living expenses in the establishment, school attended, category of the establishment housing the child, guardianship if relevant and any court decision whereby the child is placed in an establishment.
Where disabled children are concerned, statistics are kept concerning the type of establishment considered, by category and by degree of disability, sex, family situation, payment of living expenses in the establishment, school attended, fitness for work, and guardianship where relevant.
Statistics concerning children whose education has been neglected are kept with regard to the establishment considered, sex, age, school attended, family situation, reasons for admission to the establishment, length of stay in the establishment and frequency of admissions to the establishment.
In the case of persons benefiting from social welfare measures, statistics are kept for under-age beneficiaries (from birth to the age of 18) by category, sex and age, as well as the number of welfare measures and welfare services provided, while disabled children are classified by sex, age and type of disability.
In the context of regular statistics concerning legal matters, statistics are kept for cases of juvenile delinquency (young persons aged 14 to 18).
Apart from the units responsible for drafting the report, the institutions with which we cooperate to collect the data are the Institute of Statistics of the republic and the Ministries of the republic and of the Federation which deal with the situation and evolution of the population, health, education, training, justice, social policy, etc.
Data in this area have been requested by the Ministry of Labour, Health and Social Policy, the Ministry of Foreign Affairs, the Federal Ministry of Human Rights and the Rights of Minorities and a number of specialized international organizations and parties, including embassies, various foreign missions and other beneficiaries (researchers, etc.).
Question No. 6: With regard to the provisions of article 4 of the Convention, please indicate the steps taken to allocate the "maximum extent of available resources" for the progressive realization of economic, social and cultural rights. Please indicate what proportion of the federal, republican and local budgets are allocated to social priorities for children. Please indicate how the present budget allocations to social priorities compare with such allocations in earlier budgets. In addition, is there any further information the State party would like to submit in relation to the effects of the sanctions on the implementation of the rights of the child?
Reply:
In respect of the Ministry of Labour, Ex-Servicemen and Social Welfare of the Republic of Serbia, children's welfare is covered by two sectors - children's social welfare and welfare for needy cases.
All budgetary funds of the Republic of Serbia earmarked for the social welfare of children are assigned to that purpose and approximately half of the funds allotted to welfare for needy cases are used for children.
The following percentages of the budget of the Republic of Serbia were earmarked for social welfare for children: 5.4 per cent in 1992, 6 per cent in 1993, 7.9 per cent in 1994 and 13.5 per cent in 1995.
For child welfare, contributions from gross local budgets (communes and municipalities) vary between 5 and 15 per cent of the financial commitments of the communes, defined by the Social welfare for Children Act.
The communes are empowered by law to decree other charges, through acts at the commune level, and to increase the volume of charges if they are in a position to ensure their coverage.
The Government of the Federal Republic of Yugoslavia takes this opportunity to stress once again that the sanctions imposed by the United Nations Security Council are extremely damaging to Yugoslavia's peoples as a whole. It is obvious that in such a situation the rights of the child also suffer, and this is particularly evident in the sphere of medical coverage.
Up to 1990 the health of the peoples of the Federal Republic of Yugoslavia steadily improved, approaching that of the developed countries and sectors. Since 1991, however, more specifically since the sanctions of the United Nations Security Council came into force, the operating conditions of the health services have worsened and the standard of living of the majority of the population has fallen as a result of adverse changes in medical coverage and in the state of health of the population as a whole, and more particularly of children.
In 1993 and early 1994 the public health system (as well as nearly all the other economic and non-economic sectors of society) was on the point of total collapse. The lack of medicines, medical and health equipment, spare parts, sources of energy and material and financial resources, together with the reduction in the volume and quality of medical coverage, and access to it, have been the main problems in this area as a direct consequence of the sanctions.
In addition to the statistical indexes which measure the adverse effects of the crisis and the sanctions on public health, we are witness to generalized suffering on the part of the people which cannot be expressed in statistical form. The adverse effects of the sanctions are still to he expected in the form of an increase in mortality and morbidity rates, and particularly in their lasting effect on the psychological and physical development of children and young people, which will leave an indelible stamp on the biological integrity of the nation.
During the first two years of sanctions, the number of births fell by 24,000 compared with 1991, and the number of deaths increased by 10,122. The drop in the number of live births and the increase in the number of deaths led to a fall in the birth rate from 16 per cent in 1986 to 13 per cent in 1993 and a rise in the death rate from 9.6 per cent in 1986 to 10.2 per cent in 1993.
In 1993 there was a sudden steep rise in deaths due to certain illnesses compared with the pre-sanctions period. The largest increases in deaths for all populations in 1993 compared with the pre-sanctions period was recorded for the following illnesses:
Cardiac problems due to hypertension, +434 per cent;
Chronic forms of cardiac ischaemia, +312 per cent;
Diabetes, +152 per cent;
Chronic bronchitis, +135 per cent;
Cerebral haemorrhage, +134 per cent;
Tuberculosis of the respiratory system, +52.5 per cent;
Suicides, +20 per cent.
The effects of the sanctions on perinatal morbidity and mortality in 1993 and 1994 show that both were increased by the United Nations Security Council's sanctions, in particular as a result of the lack of equipment, medicaments, and medical and health material. In the rest of this text we shall restrict ourselves to mentioning a few of the most dramatic examples of how the situation has deteriorated compared with the previous period.
The number of births is dropping at the Institute of Gynaecology and Obstetrics of the Serbian University Clinical Centre in Belgrade, while the number of premature births and children born under weight is increasing. Compared with 1989, threatened miscarriages in pregnancy have increased by 255 per cent, and threatened premature births have increased by 527 per cent, while cases of hypertension resulting from pregnancy have increased by 251 per cent, etc.
Of the total number of children born in 1989 in the "Narodni Front" Clinic of Gynaecology and Obstetrics in Belgrade, 2 per cent were lost; in 1994 this percentage increased by a factor of 7.5 to 15 per cent.
Premature babies born in the Clinic of Gynaecology and Obstetrics of the Clinical and Hospital Centre of Pristina, accounted for 7.9 per cent of all births, the numbers rising in 1994 to 14.2 per cent - an increase of 79 per cent.
Neonatal mortality (the death rate of newborn infants under 7 days old) was approximately 30.7 per cent in 1989 and rose to 44.7 per cent in 1994 - an increase of 45 per cent.
At the Novi Sad Clinic of Gynaecology and Obstetrics, imminent miscarriage (threat of miscarriage) was approximately 2.6 per cent in 1989, rising to 6.2 per cent in 1994 - an increase of 136 per cent.
By comparison with 1989, the number of children treated at the Institute for Prematurely Born Children in Belgrade in 1994 increased by 15 per cent for the region of central Serbia and by 239 per cent for the regions of Kosovo and Metohija.
In Montenegro, total births varied annually between 10,000 and 11,000 for nearly two decades, but dropped in 1989 to 9,636 and in 1994 to 8,645 - i.e. by 11 per cent. The infant death rate declined steadily (with the exception of 1986) from 20 per cent in 1985 to 11 per cent in 1991. The infant death rate rose from 13.2 per cent in 1992 to 15.2 per cent in 1994 - i.e. an increase of 15 per cent.
Question No. 8: Please provide clarification as to the reasons for the reservation made by the State party to article 9, paragraph 1, of the Convention.
Reply:
When Yugoslavia ratified the Convention, its only reservations concerned article 9, paragraph 1. This reservation derives from the situation in the territory of Yugoslavia. Prior to ratification, the social welfare centres (parent bodies) were empowered to take decisions on the separation of children from their parents against the wishes of the latter and to impose social welfare on the children in suitable establishments in accordance with the conditions defined by the law.
This measure is applied only exceptionally by the social welfare centres, when it is appropriate to take urgent steps in cases where continuation in the family environment may put the child's life, health or private education at risk.
There are no special family courts in the territory of the Federal Republic of Yugoslavia. matrimonial and family disputes are settled by the general courts. The latter, when dealing with disputes concerning the welfare of children, are required to inform the social welfare centres, whose position and jurisdiction
vis-à-vis
the court may range from that of an advisory body giving an opinion to the party concerned to the broadest of powers.
In cases in which the child's interests are seriously compromised and an immediate reaction is required, precisely in the child's best interests, the social welfare centres are able to react more rapidly than the courts and thus ensure the necessary welfare.
The decision to separate children from their parents against the wishes of the latter is taken by a team of experts, made up of a lawyer, a psychologist, a teacher and a social worker, on the basis of a prior assessment of the child's condition and the risks he would incur if he remained in his family environment.
This does not rule out court jurisdiction, but merely guarantees that the social welfare centres may take decisions without first bringing proceedings before the court. This decision, like all the other decisions of the social welfare centres, is subject, under national law, to monitoring by the court. The parents may request the court to verify the legality of the decision concerning the separation of children against the parents, will, and this ensures that the court is involved in each particular case as referred to in paragraph 1. In other words, the decision taken by the social welfare centre is provisional and preventive and its sole purpose is to prevent more serious consequences for the child.
Question No. 9: Please provide information on the minimum age for medical counselling without parental consent, the end of compulsory education and sexual consent.
Reply:
Medical counselling on how to lead a healthy life (for school-age children and young people, including counselling on sexual questions) may take place whatever the age of the children concerned. In the case of surgical operations and other medical interventions, the Health Protection Act (particularly in article 10) provides, inter alia, that they may not take place without the prior consent of the parents, the adoptive parents or the guardian of the child concerned.
When a person's life is at risk, surgical operations and other medical interventions may be undertaken when considered indispensable, generally speaking on the basis of an examination made by a medical adviser without the prior consent of the persons referred to above, if the urgent nature of such action leaves no time for the consent of the parents, the adoptive parents or the guardian.
Should the parent, the adoptive parent or the guardian not agree to the proposed medical intervention, the medical doctor in charge must advise them of the consequences which may derive from their refusal.
If, after this warning, consent has still not been obtained for the proposed medical intervention, the parent, adoptive parent or guardian is required to sign a written statement which is kept in the medical file of the person concerned and, if they also refuse to sign this statement, an official report on the matter must be drawn up.
Question No. 10: Please indicate the specific and concrete measures taken to combat discrimination against girls, rural children, disabled children and children belonging to religious or other minorities. What efforts are being made to collect disaggregated data for different groups of children on aspects relating to the implementation of the Convention?
Reply:
In the Federal Republic of Yugoslavia, the Constitution and the law guarantee sexual equality in respect of the rights of citizens; there is therefore no difference in the education of girls and boys. Similarly, there are no special schools for girls or boys.
The same laws apply to schools in the cities as to those in the countryside. Action in relation to schools in rural areas is first and foremost aimed at providing these schools with assistance in the form of better equipment and modern teaching materials, the application of modern teaching methods and information on the development and improvement of the educational process.
The Primary Education Act provides for a mandatory eight years of schooling for disabled children. Under this Act and taking into account the opinion of the medical commission, the Government of the Republic defines criteria enabling the level of the pupil's disability to be determined.
Before enrolment in special schools and establishments, disabled children and young persons are classified by categories and degrees of disability and directed to the appropriate schools and establishments for their education and vocational training.
A primary education curriculum for disabled children is established for each category and for each degree of disability. The curriculum defines the objective, tasks and content of the teaching and education provided, its duration, the age of enrolment of pupils, the number of pupils per class, the number of classes per week and per school year, comprising education proper and other forms of educational and training activities, the length of a course, and vocational guidance for pupils.
For disabled pupils, a special school may be instituted as long as at least eight classes can be organized. The school can provide or organize preschool, primary and secondary education for the same category of disability.
The law also makes provision for the requirements and level of qualification of teachers and educators working with disabled children.
The Republic of Serbia is in the process of preparing new primary education curricula for deaf children and children with behavioural problems (delinquents). In the last two years, new curricula have been prepared for the other categories of disabled children.
Almost all disabled children in the territory of the Republic receive primary education.
Through its laws and regulations, the State endeavours to encourage what is termed positive discrimination, in the sense of guaranteeing broader rights for this category of citizens, and particularly disabled children, namely:
Exemption of participation in medical costs for certain categories of disabled persons (blind persons, persons suffering from muscular dystrophy and paraplegics);
Entitlement of children incapable of living and working alone to medical coverage for as long as the disability exists;
Right to training for independent life and work, vocational rehabilitation, right to third-party care, right to lodging in social welfare establishments and to an increase in family allowances for children educated in special institutions;
Right to six free journeys on domestic services;
Right of the parent of a disabled child who, in the opinion of a commission of experts, requires special care to work part-time until the child is 3 years of age, and even longer if that is indispensable.
Where the education of the children of members of minority groups is concerned, the reply is given under question No. 11.
Question No. 11: In addition, what strategies have been developed to address the particular problems facing children belonging to minorities?
Reply:
In the Republic of Serbia, primary schooling for children belonging to minorities is conducted in conformity with the Constitution of the Republic of Serbia and educational legislation.
According to the Primary Education Act and the Secondary Education Act, educational curricula for minorities may also be imparted in the pupils, mother tongue or as part of bilingual education, provided that at least 15 pupils are enrolled in the first grade. In the event of fewer than 15 pupils enrolling in the first grade, the curriculum may still be dispensed in the minority language or as part of bilingual education, subject to the agreement of the Minister for Education. According to the law, bilingual education arrangements are decided by the Minister for Education. In schools where teaching is provided in a minority language, pupils must also follow the Serbian language courses.
If the curriculum is dispensed in the Serbian language, pupils belonging to minorities are entitled to follow courses in their mother tongue incorporating features of their national culture.
According to the Primary Education Act, teaching in the Serbian language and in minority languages in grades I to IV may be given by a teacher who has acquired the necessary qualifications in the language of instruction, or who has passed a test in the language in which the teaching is given, or who has passed a language examination with teaching methods at a suitable advanced school or faculty.
Curricula for children belonging to minorities
In Serbia, primary and secondary education is provided in the languages of the following minorities: Hungarian, Romanian, Ruthenian, Slovak, Turkish and Albanian. Bilingual education is given for the Bulgarian minority and, in some cases, for the Slovak and Ruthenian minorities.
In schools where teaching is given in minority languages, the parents of pupils belonging to the minorities must, at the time of enrolment in the first grade, request teaching in their minority language. In such schools, language courses in the mother tongue, literature, history, the plastic arts and musical culture all incorporate features of the history, culture and arts of the minority concerned. In national language and literature courses, the national literature accounts for between 50 per cent and 65 per cent of the content compared with Serbian literature. More specifically, in the case of Hungarian mother-tongue curricula, the national literature accounts for 65 per cent of the content, in the case of Ruthenian, Bulgarian and Albanian about 50 per cent, and in that of Slovak and Romanian about 60 per cent.
According to the curriculum, as many courses in the Albanian, Hungarian, Turkish, Romanian, Ruthenian and Slovak languages are given as in the Serbian language as mother tongue.
In schools where the medium of instruction is a minority language, pupils study Serbian as a second language (two hours a week).
In places with small numbers of inhabitants belonging to minorities where teaching is given in Serbian, children belonging to minorities are guaranteed the opportunity to study their mother tongues with elements of their national culture (two hours a week). Teaching of the mother tongue and literature in primary school may also be provided starting from the first year of study. The course in the mother tongue and literature is supplemented with material on the national culture, arts and history.
Some communities have enjoyed bilingual education for a long time, as in the case of the Bulgarian minority. For some years this has also been the case in Vojvodina, for the Slovak and Romanian minorities. According to the present bilingual education model, some subjects are taught in the minority languages and others in Serbian.
According to statistics (for the period 1992-1993), mother-tongue primary schooling covers: 75 per cent of the population of the Hungarian minority, between 65 and 70 per cent of the population of the Slovak and Romanian minorities and 48 per cent of the population of the Ruthenian minority.
A preschool education programme for minorities is currently being prepared. In addition to general objectives, the programme also includes the following specific objectives: (1) encouraging the socialization of children in conformity with the characteristics of a multicultural environment; (2) preserving and developing the national and cultural identity; (3) learning the national culture and cultural heritage; (4) assimilating the mother tongue (ability to communicate and other language skills); (5) acquiring a knowledge of cultural links and cross-penetration between the minority culture of the child and the cultures of the majority people and other neighbouring minorities; (6) laying the foundations for intercultural links and communication; (7) creating the necessary conditions for the establishment of links with the culture of the mother country, integration in the society and culture of the country where the minorities live and a successful school career; and (8) developing positive attitudes towards the cultures of other nationalities.
A Romany language and culture programme is also being prepared. The starting point for the programme will be an effort to enable pupils to master reading and writing, as well as linguistic characteristics and rules, to analyse texts, to use other texts from the daily press and journals for children, and to develop their cultural expression.
Question No. 12: Please indicate in what ways the "best interests of the child" are taken into consideration in the legislation as well as in judicial, administrative and other proceedings.
Reply:
In all proceedings concerning the protection of children, decisions are taken in conformity with the principle of the best interests of the child. Decisions are taken on the basis of the needs of the child, as determined beforehand by a team of experts from different disciplines, including psychologists, educationalists, lawyers, social workers, sociologists and deficiency experts (for instance, in conformity with art. 9, para. 1, of the Convention).
Where the application of specific forms of protection is concerned, the relevant legal provisions determine the factors which need to be taken into account when identifying the interests of children. These legal provisions are drafted to ensure that any administrative decisions taken in accordance with the law afford maximum protection for children's interests.
The Medical Protection Act, for instance, lists priority groups exposed to major risks, as follows:
(1) Children under 5 years old; schoolchildren and students until the end of their regular studies; young people up to the age of 26;
(2) Women with respect to family planning, pregnancy, childbirth and maternity;
(3) Persons aged over 65.
All the above persons are entitled to medical protection entirely free of charge, with medical services covering prevention, diagnosis, therapy and functional re-education in medical establishments, including emergency transport, medicines, ancillary equipment for the administration of medicines and sanitary equipment required for treatment, as well as orthopaedic devices, according to medical prescription.
In terms of amount, content and practical application, medical protection for the above categories is defined by the Government of the Republic. Under a series of regulations, the latter provides medical protection for all those persons, including:
1. Health education for the protection, preservation and promotion of health, the screening and elimination of risk factors, and the acquisition of knowledge and habits required for a healthy lifestyle;
2. Vaccination according to a programme of compulsory immunization of the population against certain contagious diseases, coupled with other epidemiological and hygienic measures, and procedures for the prevention, early screening and eradication of contagious diseases;
3. Emergency medical care in medical establishments, at home and elsewhere, including ambulance transport if medically warranted;
4. Consultations and treatment in nursing homes and other medical establishments operating as nursing homes;
5. Consultations and treatment in general hospitals and other medical establishments, on the basis of an opinion issued by the general hospitals panel of medical specialists;
6. Consultations and treatment in institutes, clinics, clinical and hospital centres, in areas with no general hospital;
7. Treatment of illnesses of the mouth and teeth in nursing homes and, subject to the written opinion of a stomatologist, in the appropriate medical establishment;
8. Medicines according to the list of medicines and medical prescriptions;
9. orthopaedic appliances according to the degree of invalidity and medical prescriptions;
10. Transport costs related to medical protection.
In addition, the same regulations provide the following forms of medical protection for children and women:
1.1 Infants: screening for illnesses and systematic monitoring of psycho-physical development and state of health; consultations and treatment in all medical establishments and at the patient's home; board and lodging for nursing mothers while sick infants are in hospital; medicines and orthopaedic appliances according to medical prescription;
1.2 Preschool-age children: screening of illnesses and systematic monitoring of psycho-physical development and state of health; consultations and treatment in all medical establishments and at the patient's home; prevention and screening of illnesses and treatment of illnesses of the mouth and teeth, including prostheses, medicines and orthopaedic appliances, according to medical prescription;
1.3 School-age children: screening of illnesses and regular systematic checks; consultations and treatment in all medical establishments; prevention, screening and treatment of illnesses of the mouth and teeth, including prostheses, medicines and orthopaedic appliances, according to medical prescription;
1.4 Medical monitoring of hygienic and epidemiological conditions and the general state of children in collective boarding and catering establishments for preschool-age and school-age children, at least once a week.
2. Medical protection of women during pregnancy, childbirth and maternity.
2.1 Systematic checks on the mother's state of health and the development of the foetus; consultations and treatment in all medical establishments and at home; prevention and screening of illnesses of the mouth and teeth, with prostheses; medicines according to medical prescription.
2.2 Accommodation and childbirth in appropriate medical establishments, or medical assistance at home;
2.3 Systematic health checks for one year after childbirth, i.e. during infant care; consultations and treatment in medical establishments and at home.
Apart from referring to basic legal instruments, in conformity with which decisions have to be taken, the authorities concerned apply modern methods of social welfare, in accordance with procedures for identifying the requirements of children and applying treatment appropriate for the desired forms of protection.
Question No. 13: Please indicate the reasons for regional differences in the infant mortality rate and the measures taken to address this matter.
Reply:
Infant mortality rate.
Republic Central Part Vojvodina Kosovo and
Total Metohija
1991 21.6 15.4 12.3 33.6
1992 22.3 16.9 13.8 34.4
1993 18.5 15.5 10.6 26.9
Medical protection is available, on more or less equal terms, to all citizens throughout the territory of the Republic. Yet where health is concerned, or morbidity and mortality due to contagious diseases, or infant mortality, significant differences may be observed between the different regions of Serbia. Higher rates of morbidity and mortality due to contagious diseases and a higher rate of infant mortality are found in the insufficiently developed areas of the central part of the Republic and in Kosovo and Metohija. Apart from economic factors, this is due more particularly to a low standard of health culture, to prejudices and to customs, and also to unfavourable hygienic conditions.
Question No. 14: in the light of article 12 of the Convention, please provide further information on the measures being taken or envisaged to encourage the child to express his/her views on matters affecting the child, including within the school situation.
Reply:
Children's opinions are sought in all decision-making procedures affecting the protection of children. Children are encouraged to express their wishes, subject to age and maturity considerations.
In the case of very young children, their opinions are not expressed by direct statement; efforts are made to deduce them from the behaviour of the children by experts in social welfare centres specially trained for the purpose.
The importance given to the statement of the children's wishes depends on their age; for children aged 10 and over, a child's consent is absolutely necessary when decisions are taken in certain proceedings. For instance, the first name of a child aged over 10 may not be changed without his or her consent (art. 404, para. 5, of the Marriage and Family Relations Act of the Republic of Serbia). In the case of the adoption of a child aged over 10, the consent of the child concerned is also necessary (art. 156, para. 3, of the Marriage and Family Relations Act of the Republic of Serbia).
From the age of 14, a minor may conduct business transactions, although, apart from minor transactions, such business cannot take effect without the consent of the parents or guardian. Any transactions involving the disposal or mortgaging of the child's property require 0the agreement of the guardianship body (arts. 121, 122 and 267 of the Marriage and Family Relations Act of the Republic of Serbia).
From the age of 14, a minor in to appeal against decisions taken by preventing the child from concluding Marriage and Family Relations Act of
From the age of 15, a minor is dispose freely of his or her income.
In conformity with educational objectives and tasks in primary and secondary schools and with the tasks set for each of the subjects taught, school education should allow the full development of the child's personality, while ensuring the child's independence and ability to form opinions. With regard to the opportunity for children to express their own opinions in school, this is ensured by the activities of student groups, and especially class groups (see reply to question No. 2). Class groups imply a direct involvement of children in resolving any matters closely affecting the groun, such as discipline, travel, relations with teachers, relations among students, group actions, special events, celebrations, outings). From this point of view, class groups are one of the most significant aspects of education for the free and independent expression of children's opinions.
Question No. 15: Please indicate the measures which have been taken or which are envisaged to ensure that all children are registered after birth throughout the country.
Reply:
Under the legislation governing registration in the register of births, medical establishments, parents and other individuals or establishments on whose premises a child has been born are required to declare the birth to the competent officer of civil status for the purpose of entry in the register of births. The formality of declaring every birth became an obligation under legal instruments enacted in 1946, and cases of failure to comply with them are extremely rare.
Since most children are born in medical establishments, the latter notify each birth to the competent authorities and transmit the necessary information to them for entry in the register. Parents and other individuals concerned are required to declare every birth within 15 days of the date of birth.
Failure to declare a birth within the prescribed period constitutes a punishable offence.
Question No. 16: What is the current situation as regards proposed new legislation relating to citizenship and nationality? Please provide further details of the text of the proposed new legislation, particularly as it relates to the granting of citizenship to children of mixed marriages.
Reply:
The Law on Citizenship of the Federal Republic of Yugoslavia has not yet been enacted. At present it is the subject of an interministerial process of harmonization at the Federal Government level.
The principle underlying the Law is that of article 17 of the Constitution of the Federal Republic of Yugoslavia whereby, in Yugoslavia, there exists Yugoslav citizenship; a Yugoslav citizen is simultaneously a citizen of the republic member of the federation; and a Yugoslav citizen cannot be deprived of his citizenship, expelled from the country or extradited to another State. The basic provisions of the Law will be consistent with international conventions, and also with the particular situation in which our country has been placed as a result of the violent secession of the former republics of the Socialist Federal Republic of Yugoslavia.
The Law will contain conflict rules, i.e. rules for resolving conflicts between the citizenship laws of the various republics. These rules will make it possible to deal with the question of the citizenship of children of mixed marriages.
Question No. 17: How are children protected from violence and harmful influences in the media? What measures are in place for the classification of films and video recordings so as to provide an indication of their viewing suitability for children of different ages? Please provide clarification as to the status of the code "Children and the Media" referred to in paragraph 84 of the report. Please provide further information on the production of television programmes designed for children, including those with a news or current affairs content (para. 71 of the report)
Reply:
In regard to the status of the Code "Children and the Media,,, a few corrections need to be made to the text of paragraph 84 of the report. The Code was prepared, published and offered for signature to all media firms by the Council for the Protection of the Rights of the Child forming part of the organization "Friends of Serbia's Children", the Belgrade office of UNICEF having provided material assistance for the publication of this brochure. According to the authors and the Council for the Protection of the Rights of the Child, the necessary material and personnel resources have so far been lacking for following up and reviewing compliance with the Code by signatories. Although the necessary project exists, the sources of finance have not yet been assured. with rare exceptions, neither programmes, films, nor parts of programmes and films unsuitable for viewing by young children and minors carry any special indication either before transmission or in the way in which they are advertised.
Question No. 18: Please describe the measures taken to make parental education and family counselling services widely available.
Reply:
To repair disrupted family relationships and prevent matrimonial and family problems is one of the major activities of the social welfare centres. The centres perform this work either directly or through specialized matrimonial and family advice centres. The latter operate mainly within the major social welfare centres. Social welfare centres operate within each commune, as a territorial and political unit, and are thus accessible to all citizens.
The services provided by the social welfare centres and advice centres are free.
In addition to the matrimonial and family advice centres, established by social welfare centres under the social security system, advisory centres can also be set up by health care establishments and by individuals.
Question No. 19: What particular steps are being taken to ensure the effective implementation of article 19 of the Convention? Can children lodge complaints concerning their neglect or abuse?
Reply:
The activities of social welfare establishments place great emphasis on prevention. The aim is to prevent the occurrence of sociopathological phenomena and to respond to such phenomena in cases where they have manifested themselves.
One such preventive measure is the removal of children from families in which their life, health or development is threatened.
Parents may be deprived of their parental rights in cases of abuse of parental rights or gross negligence.
Decisions on deprivation of parental rights are a matter for the courts.
Question No. 20: How are the best interests and the views of the child taken into account in decisions taken about the care of children of divorced parents? What specific measures are there to ensure the right of the child to be in contact with both father and mother in the case of separated parents?
Reply:
In deciding who shall have custody of children in divorce proceedings, the sole criterion adopted by the court is the interests of the child. In all cases the court seeks an opinion and a recommendation from the social welfare centre. The opinion of the social welfare centre is not binding on the court, which may obtain other evidence as well. The results of studies carried out on this subject show that, in nearly all cases, courts accept the opinion and recommendation of the guardianship authority.
Consideration is also given to the child's views, which are rarely ascertained by direct statement, in order to prevent children from siding with one of the parents. opinions expressed by children over 10 years of age, and especially by those over 14, are of greater importance, but are never considered in isolation; they and the other evidence are always judged as a whole.
The legislation of the Republic of Serbia does not provide for the joint exercise of parental rights after the divorce of the parents. Custody of the child is always given to one of the parents. If they are dead or unable to exercise their parental rights, the child is placed under guardianship and assigned a legal guardian. The guardian is an individual who exercises his or her guardianship functions in accordance with instructions received from the team of experts of the social welfare centre which represents the guardianship authority.
The parent who does not have custody of the child is entitled to have personal access to the child.
Disputes relating to access to the child by the parent who does not have custody are decided by the court or the guardianship authority.
The continuance of personal relationships between children and their parents cannot be restricted or prohibited except in order to protect the health or other vital interests of the child concerned.
Question No. 21: With respect to the care of children, please describe the policy governing the choice between foster placement and institutionalization. What mechanisms exist to monitor the care of children in such situations?
Reply:
By virtue of the enacted law of the Federal Republic of Yugoslavia and the principles of professional social welfare, children are cared for away from their families only if they cannot be cared for within the family itself.
This is the case where the parents are dead, unknown or unwilling to look after their children, or where the life, health or education of the child would be at risk if he or she remained within the family.
If care cannot be provided within the family, the guardianship authority can remove the child from the biological family and place the child in another family (foster placement) or in an institution.
Before a decision is taken to remove a child from the family, attempts are always made to help the parents exercise their parental rights and duties.
A team of experts from the guardianship authority, consisting of a psychologist, a lawyer, a teacher and a social worker, must carry out a diagnosis in order to identify the child's needs and the way in which they can best be met. Each member of the team identifies the child's requirements from the point of view of his or her specialization: the psychologist ascertains the child's psychophysical situation, the lawyer the legal status of the family, the teacher the educational situation and the social worker the socioeconomic situation.
Having obtained all the necessary information, the members of the team prepare individual reports containing proposals, which are then considered and adopted at a joint meeting.
The form of care selected (fostering or institutionalization) depends exclusively on the child's needs. Neither method enjoys automatic preference.
A care programme is drawn up for every child who is to be placed with a family or in an institution.
After the child has been placed in a family or an institution, his or her care will be systematically monitored. The guardianship authority is required to request a report at least once or twice a year from the institution concerned or the service responsible for organizing and monitoring foster placement, as well as to visit the child at least once or twice a year. The report on the child's stay in the institution or family concerned is considered at a meeting of the team of experts.
The team of experts of the guardianship authority prepares a care programme for the child in conjunction with the institution concerned or the service responsible for organizing and monitoring foster placement, specifying the tasks of all those responsible for providing care and a timetable for the performance of those tasks.
Question No. 22: Please give more information in relation to the actual procedures governing both national and inter-country adoption. What measures are in place to ensure that parents giving up their children for adoption are allowed sufficient opportunity to weigh up the consequences of and alternatives to adoption? At what age may a child influence a decision on adoption?
Reply:
The legislation of the Republic of Serbia provides for two kinds of adoption: partial and full (irreversible).
In the case of full adoption, all links are severed with the child's parents and other family members, and instead the relationship of parenthood, as well as the various rights and duties existing by law among parents, children and other family members, is established between the adopter and his or her family members on the one hand and the adoptee and his or her descendants on the other.
Under article 188 of the Law on Marriage and Family Relations of the Republic of Serbia, full adoption is possible where the child is under 5 years of age and his or her parents are dead or unknown, or have deliberately abandoned the child, and their residence has been unknown for more than six months. Full adoption of a child under the age of 5 years is also possible if one of the parents is living and, before the adoption decision, that parent was receiving assistance in the exercise of his or her parental rights and duties. If the conditions specified are met, full adoption is also possible in the case of a child over 5 years of age, if before that age the child was cared for and brought up by the prospective adopter in a social welfare or educational establishment, or by persons not directly related to the child concerned or not more closely related than in the fourth decree of lateral kinship.
Adoption decisions are taken by social welfare centres.
The person wishing to adopt a child and the child's parents must submit a joint adoption proposal to the appropriate social welfare centre.
Before an adoption decision is taken, attempts are made to help the parents exercise their parental rights and duties satisfactorily. This assistance is provided by a team consisting of a psychologist, a teacher, a social worker and a lawyer. They can engage other experts or specialized bodies if they deem that the interests of the child or the parents so require.
The final declaration by the parents that they consent to the adoption is always made before the competent guardianship authority in writing.
Before giving their consent to the adoption, the parents must consider the consequences of their decision, and are allowed time to reflect before making their final declaration of consent.
For a few months after giving birth, even if the mother refuses to lock after her child, her declaration of consent to the adoption cannot be accepted.
The social welfare centre may direct that the child is to spend a specified period (adaptation period) not exceeding one year with the prospective adopter before the adoption formalities take place.
In cases of inter-country adoption (by a person of foreign nationality) the procedure is stricter than in cases of adoption where the adopter and the adoptee both have Yugoslav nationality and the adoption takes effect in the territory of a member republic and in that of the Federal Republic of Yugoslavia. The formalities for an inter-country adoption include approval by the Ministry of Labour, Ex-Servicemen and Social Welfare of the republic concerned, which has responsibility for social welfare and policy in the territory of the republic.
In a decision on consent to be given to foreign individuals with regard to the adoption of children of Yugoslav nationality, article 21 (b) of the Convention, as well as the provisions of the Law on Marriage and Family Relations of the Republic of Serbia and the corresponding law of the Republic of Montenegro, is applied directly; such consent is not given except where the adoption represents a suitable form of care for the child and an adopter cannot be found among the citizens of the Federal Republic of Yugoslavia. Consent will not be given unless the child shows signs of uncertain development (children with health problems or a genetic problem).
Owing to negative population trends in the territory of the Republic of Serbia and the Federal Republic of Yugoslavia, the number of childless individuals wishing to adopt a child exceeds the number of children who satisfy the statutory conditions for adoption and for whom adoption represents a suitable form of care; as a result, the Ministry of Labour, Ex-Servicemen and Social Welfare of the Republic of Serbia rarely gives such consent to foreign nationals.
Under article 156 (3) of the Law on Marriage and Family Relations of the Republic of Serbia, the consent of the child is indispensable for the adoption of a child over 10 years of age.
Question No. 23: What proportion of the national, regional and local budgets is allocated to health care in general and to child care in particular? How do these figures compare to the situation prior to the economic crisis?
Reply:
Before the sanctions imposed by the United Nations Security Council, health care for the population accounted for 3.5 to 4 per cent of the national income. Incomplete information indicates that, since the sanctions (on account of the drop in national income), approximately 12 per cent of the national income, three times as much as before the sanctions, is assigned to health care. This percentage embraces resources from all sources at all levels. No special statistics are kept for health care for children or for women and children.
Question No. 24: What steps are being taken to effectively ensure to children living in all parts of the country, including in the Autonomous Province of Kosovo, their right to a satisfactory level of health care?
Reply:
Under the laws and regulations on the subject, all citizens are guaranteed the right to health care, which includes services providing prevention, diagnosis, therapy and rehabilitation in all medical establishments, as well as medicines (some 450 kinds) and orthopaedic appliances.
As a result of a special decision of the Serbian National Assembly regarding the network of medical establishments, health centres have been established and operate in all communes (totalling 190) in the following areas: health education, child health care, general medicine, stomatology, laboratory and X-ray services, home care and treatment, emergency medical care, medical supplies and, depending on the number of inhabitants, epidemiological care, hygiene, pneumophysiology and oncology, as well as in the areas of functional remediation and occupational health. Outside the chief towns of the communes, and basically in rural areas, the health centres have branches (one health unit per 3,000 inhabitants or one clinic per 1,000 inhabitants) dispensing health care in more than 1,000 human settlements.
The resources available through compulsory sickness insurance (approximately 30 per cent of the total resources from this source) ensure that a balance exists between the material conditions required for providing health care and the right to health care in backward districts and in the sickness insurance services established in those districts. In conjunction with the network of medical establishments, this enables all citizens in the Republic of Serbia to enjoy health care on a virtually equal footing.
In order to cater for the health care needs of the population, including those sections of the population exposed to a greater risk of disease, as well as for health care related to diseases of major social and medical significance, the Government of the Republic of Serbia has introduced (or is in the process of introducing) the following special health care programmes: mother and child, contagious diseases, diabetes, malignant diseases, mental illness and disorder, cardiovascular diseases, stomatological prevention and medical supplies.
Question No. 25: What proportion of the national, regional and local level budgets is reserved for education and of this what proportion is devoted to the provision of compulsory primary education?
Reply:
The educational system of the Federal Republic of Yugoslavia is financed through the budgets of the member republics. Thus, the Republic of Montenegro devotes 31 per cent of its budget to financing education at all levels, with 24 per cent of this going to primary education. In the Republic of Serbia, approximately 24 per cent of the budget goes to finance the education sector as a whole, with 12 per cent of this being allotted to primary education.
Question No. 26: What measures are being taken for the implementation of article 28, paragraph 2, of the Convention?
Reply:
The measures taken by the State, and more precisely by the national education authorities, concerning school discipline are defined in laws (on primary and secondary education), in special regulations on the marking of pupils and in school statutes and are fully in conformity with the provisions of article 28, paragraph 2, of the Convention in the matter of consistency with the child's human dignity.
Under the law, pupils are required to study conscientiously and to pursue their training; to contribute to the fulfilment of the school's objectives and tasks; to attend classes and other forms of educational and training activities regularly; to keep school property in a state of good repair, etc. Infringements of these obligations are classified as either minor or serious. Examples of minor infringements are late arrival in a class, leaving a class without permission or non-compliance with school regulations. Serious infringements include falsification of marks in the pupil's report or in the school register; theft of property belonging to the school or to another pupil; the expression of national or religious intolerance; consumption of alcohol or drugs or inciting other pupils to consume alcohol or drugs, etc.
When a pupil does not fulfil his obligations and does not comply with school regulations, suitable educational and disciplinary measures are taken. These are laid down by the school in its statutes or regulations, as is the procedure for their application. In cases of minor infringements, for instance, the measures laid down are a warning or written reprimand by the class teacher and a warning and reprimand by the class council, while for serious infringements the measures are a reprimand by the head teacher and by the teachers' council and, for secondary-school pupils, suspension of the pupil by decision of the teachers' council. The pupil concerned, one of his parents or his guardian have a right of appeal which they must address to the head teacher (against a measure for a minor infringement) or to the school committee (in cases of a serious infringement resulting in a decision to suspend a pupil). The appeal has the effect of staying execution of the decision pending a decision by the higher authority, except where the pupil concerned hampers the activity of the school and where a decision by the higher authority is not expected.
For certain infringements of school regulations (in particular, damage to school material or equipment), material measures are provided for (compensation).
Apart from disciplinary and material measures then, no provision is made for any other measure or punishment for the maintenance of discipline in schools in the Federal Republic of Yugoslavia. There are no cases in which the physical punishment of pupils is considered justified.
Problems and questions relating to school discipline come within the remit of school psychologists and educationalists (see the reply to question No. 3). Within their class groups, pupils freely discuss their own disciplinary problems and those of their fellow pupils (see the replies to questions Nos. 3 and 14).
Question No. 27: Please provide further information on the implementation of article 39 of the Convention, particularly with respect to the measures taken or envisaged for the development of a systematic approach to the provision of support for children who have undergone traumatic experiences.
Reply:
Children who have had traumatic psychological or physical experiences receive suitable medical protection, including care in specialized medical establishments.
Under the responsibility of the Ministry of Labour, Ex-Servicemen and Social Welfare, and in accordance with the Law on the Social Protection of Children and the Law on Refugees, refugee children, and more precisely their mothers, are granted financial assistance until the child is 1 year old, and the children have the possibility of being placed in preschool establishments, on either a daily or a half-daily basis.
The purpose of placing refugee children in preschool establishments is to alleviate the adverse effects of the traumatic situations experienced by such children, assist their families and those that have taken them in, ensure proper care, food, medical prevention and protection, education and training, enable them to mix with children of their own age and play with them, and, if need be, arrange for remedial and therapeutic activities.
Preschool establishments in the Republic of Serbia extend their hospitality to some 4,000 refugee children.
The ministry of Labour, Ex-Servicemen and Social Welfare has also undertaken to ensure national and international humanitarian assistance by applying to humanitarian organizations and informing them of the scale and nature of their needs. Substantial quantities of foodstuffs, hygiene products, footwear and clothing have thus been provided.
Likewise, this Ministry has provided and continues to provide support for psycho-social welfare programmes for refugees, run by specialized institutions (Belgrade Institute of Mental Health and psychological associations at republic level). These programmes cover all children in preschool establishments throughout the territory of the Federal Republic of Yugoslavia.
With a view to ensuring special protection for unaccompanied children, the Ministry of Labour, Ex-Servicemen and Social Welfare has offered assistance to the international humanitarian organization "Save the Children", under the "Unaccompanied children in exile" project, with a view to family reintegration.
Question No. 28: What efforts are being made to ensure that all persons, particularly children, seeking refugee status are fully aware of their rights in these matters?
Reply:
All persons requesting refugee status, particularly children, are able to find out all they need to know about the rights and obligations laid down in the Convention on the Rights of the Child (art. 22) and in the Law on Refugees through the action of the staff of the office of the Commissioner for Refugees of the Republic of Serbia or of the office of the Commissioner for Displaced Persons of the Republic of Montenegro. In addition, the Institute of Educational Research has issued a handbook entitled "Problems of refugee children of school age" (1994), which is distributed to the persons concerned through schools and Red Cross organizations. The series of seminars (see para. 363 of the initial report) held in 1991 and 1992 also continued in 1994 and 1995 (although this is not important for the period covered by the report) under the title "How to help refugees".
In accordance with the Convention on the Rights of the Child, refugee children, and especially children unaccompanied by their parents, enjoy all the same rights as local children in the Federal Republic of Yugoslavia, namely: the right to organized care and to medical protection (ranging from prevention, specialist consultations, stomatological treatment, and treatment in hospitals and spas to the acquisition of prosthetic appliances).
All refugee children, irrespective of the religious or national community to which they belong, have an equal right to primary schooling, which is compulsory and free.
Handicapped refugee children are put into specialized schools, in the same way as children who are nationals of the Federal Republic of Yugoslavia (psychologically and physically handicapped children, children with sensory disorders and disabled children).
Question No. 29: What steps are being taken to trace the parents or relatives of unaccompanied refugee children?
Reply:
Steps have been taken to register children unaccompanied by their parents and to regulate their refugee status. To that end, commissioner's offices at republic level are in permanent contact with local centres for social assistance, local Red Cross organizations and other institutions.
All children unaccompanied by their parents enjoy the same degree of social protection as children who are nationals of the Federal Republic of Yugoslavia, namely: guardianship and placement in social welfare establishments or families, family and legal protection measures being in such cases provisional.
Refugee children are not covered by the adoption procedure.
In order to ensure the fullest possible protection for refugee children, especially unaccompanied children, commissioners' offices cooperate actively with: (1) the Ministries of Public Health, Education, Labour, Ex-Servicemen and Social Welfare and with the ministry for Links with Serbs outside Serbia; and (2) UNHCR, the Yugoslav Red Cross and the International Federation of Red Cross and Red Crescent Societies.
Owing to the particularly delicate nature of family regrouping and having regard to the general situation prevailing in the republics of the former Yugoslavia, the offices of the Commissioners for Refugees at republic level have agreed that in future the family regrouping procedure should be entrusted to the non-governmental organization "Save the Children", acting under the UNHCR programme "Together Again".
The offices of the Commissioners for Refugees give their full support and assistance to that organization in the matter of information, tracking down families and reintegrating children into their families. So far 43 children have thus been able to be reunited with their parents and for 50 others searches are under way.
Question No. 30: Please provide clarification as to the policy in place with regard to children and members of their families who carry Bosnian or Croatian passports and wish to enter the Federal Republic of Yugoslavia for the purpose of family reunification.
Reply:
Under the Law on Refugees of the Republic of Serbia and similar provisions in the Republic of Montenegro, the Offices of the Commissioners for Refugees are required to provide for the essential needs and social security of Serbs and citizens of other nationalities compelled to leave their homes in other republics of the former Yugoslavia on account of pressure by the authorities, threats of genocide, persecution and religious or ethnic discrimination or because of their political convictions, irrespective of the religious or ethnic community to which they belong.
Children and family members possessing travel documents from the former Yugoslav Republics of Croatia and Bosnia and Herzegovina and wishing to enter the Federal Republic of Yugoslavia to join their families are granted refugee status in accordance with the above-mentioned policy, laid down by the law.
Question No. 32: With regard to the implementation of articles 37, 39 and 40 of the Convention which relates to the system of the administration of juvenile justice, please provide clarification as to the system of "institutional correction measures" which may be applied to children (para. 381 of the report) and to the length of time a child may be held in custody without having access to a lawyer and/or family members.
Reply:
In accordance with the Penal Codes of the Republics, the following correctional measures may be taken against minors who have committed offences:
(1) Disciplinary measures: reprimand or placement in a disciplinary centre for minors;
(2) Measures of close supervision by parents, adoptive parents or guardians, another family or the relevant social welfare body;
(3) Institutional measures consisting in the placing of the child in: (a) educational establishments; (b) educational and correctional establishments; or (c) an establishment specializing in treatment and rehabilitation.
The Law on the Execution of Punishments regulates the implementation of educational measures for minors.
(a) minors requiring permanent supervision by qualified educators are placed in an educational establishment where they may be kept for a minimum of six months and a maximum of three years. The court does not determine the duration of the measure when pronouncing it but decides subsequently. In the educational establishment the minor has the same rights as other protected persons, but receives special attention in respect of education and supervision. only the director of the establishment and the educator know that the minor concerned has been placed in the establishment under a decision of the court, while the other protected persons are not so informed. Every six months, and usually at the request of the court, the educational establishment informs the court and the guardianship body of the effects of the educational measure applied.
(b) A minor who has committed an offence requiring intensive rehabilitation measures is placed in an educational and correctional establishment for a minimum of one year and a maximum of five years. These establishments are special institutions set up for the rehabilitation of juvenile delinquents. The court does not determine the duration of the measure when pronouncing it but decides subsequently, on the basis of how the minor concerned behaves in the establishment.
On being admitted to an educational and correctional establishment, the minor is subjected to a social, medical, psychological and educational examination, which has to be carried out within 30 days following admission. minors are organized into educational groups numbering eight persons at most, according to their age, their mental development and other personal characteristics so that the same educational measures can be applied to the group as a whole. Each group is directed by an educator.
The rehabilitation process comprises the following measures:
- active participation in the educational and correctional work with a view to the acquisition and development of positive personal characteristics, entailing goal-oriented teaching or the acquisition of an occupational qualification in the actual establishment or in an ordinary secondary school if the establishment is unable to offer this type of teaching. if, however, the school principal finds that the minor concerned is exercising a negative influence on the behaviour of other pupils, the minor concerned can be deprived of the right to attend classes in an ordinary school;
- leisure activities, namely, cultural, artistic, sports and similar activities.
If the minor concerned has not been put into an educational programme, his work schedule is that prescribed for juvenile workers. In the educational and correctional establishment the minor also has a right to between 18 and 30 days, annual leave, which is usually spent outside the establishment.
The director of the educational and correctional establishment may reward minors who observe the rules governing behaviour and work discipline and take an active part in the rehabilitation process. Rewards may be the following: an outing into town, visits to cultural and sporting events outside the establishment, family visits on weekends and holidays, participation in cultural and sports competitions outside the establishment and seven days, leave.
In the event of failure to comply with rules of conduct and discipline, up to seven days, isolation in a special room may be decided. In exceptional circumstances, means of coercion may be used against minors in the establishment, such as: physical force, handcuffs, isolation and clubbing, but only when unavoidable in order to prevent a physical attack against an educator or another minor or in cases of self-mutilation. Firearms may not be used against minors except in response to a direct attack or if other means of coercion cannot effectively protect the life of the minor or of a third person.
The educational and correctional establishment is required to inform the court and the guardianship body every six months of the results of the application of the educational measures.
(c) Children ordered to be placed in a special establishment for treatment and rehabilitation are entrusted to specialized establishments designated by the authorities responsible for social welfare and health. Here, too, the court and the social welfare body must be informed every six months of the results of the application of the educational measures. when the minor concerned reaches the age of 18, the establishment notifies the court so that it can consider whether to maintain him in the establishment or to replace this educational measure by another.
As regards the period of time for which a minor can be imprisoned without the possibility of contacting a lawyer or his family, article 474 of the Law on Criminal Procedure of the Federal Republic of Yugoslavia provides that the juvenile magistrate can only exceptionally order pre-trial detention for a minor. Such detention cannot exceed one month. The juvenile court may, where justified, extend the pre-trial detention for up to a further two months. Article 455 of the aforementioned Law provides that the minor can contact a lawyer from the beginning of the preparatory procedure and that he must take a lawyer at the beginning of the procedure if proceedings are instituted for an offence punishable by more than five years, imprisonment. In the case of other offences for which there are lighter sentences, the juvenile magistrate determines whether the minor concerned needs a lawyer. If the minor, his legal representative or members of his family do not appoint a lawyer, a lawyer will be automatically designated by the juvenile magistrate. The law similarly provides that a minor can be defended exclusively by a lawyer. it therefore follows from the foregoing that minors have the possibility of being represented at law by a lawyer.
©
1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland