COMMITTEE ON RIGHTS OF THE CHILD CONCLUDES FIFTY-FIRST SESSION

The Committee on the Rights of the Child today concluded its fifty-first session, adopting its report and issuing its conclusions and recommendations on the situation of children in France, Sweden, Mauritania, Bangladesh, Niger and Romania, whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The reports of Slovenia and Oman on efforts to comply with the two Optional Protocols to the Convention, on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, were also considered, and concluding observations issued on them.

In closing remarks, Yanghee Lee, the Committee Chairperson, said that during the current session they had reviewed the reports of eight State parties and adopted concluding observations on them, as well as adopting a tentative programme of work for the next session and a General Comment on the right of the child to be heard. She hoped that this General Comment would show the relevance of that principle and would contribute to the development of a culture of child participation in all matters that affected them. Also at this session, the Committee had been invited to a meeting of an open-ended working group that was preparing a draft Human Rights Council resolution to set up an individual complaints mechanism for the Committee. The draft resolution would be considered next week, at the end of the Council’s current session. In addition, the Committee had agreed on the theme of the Convention’s twentieth anniversary, which would take place on 8 and 9 October of this year. The theme would be “Dignity, Development and Dialogue”. The Committee would also hold a consultation on that issue with State parties next week.

Lothar Friedrich Krappmann, the Committee Rapporteur, said that the Committee had been involved in many activities and side events during this session. It had met with the non-governmental organizations group that had been lobbying for the draft resolution to set up a complaints procedure for the Committee. Committee members had also met with child rights organizations, child rights activists and groups of students in the margins of the session. During the coming week, the Committee would meet with the Special Rapporteur on violence against children, would hold a full day of discussion with high-level representatives from United Nations Children’s Fund Headquarters and regional offices, and would prepare the dialogue it would have with the State parties during the Committee’s next session.

General Comment number 12, which addresses the right of the child to be heard and which the Committee adopted during its current session, will be officially made available in the coming weeks.

Also during its fifty-first session, the Committee elected its new Bureau. The four Vice-Chairs are Agnes Akosua Aidoo (Ghana), Kamel Filali (Algeria), Rosa María Ortiz (Paraguay) and Jean Zermatten (Switzerland). The Rapporteur is Lothar Friedrich Krappmann (Germany). Yanghee Lee (Republic of Korea) was re-elected as Chairperson of the Committee.

The Committee's next session will be held from 14 September to 2 October 2009 in Geneva, when it will consider the reports of Bolivia, Mozambique, Pakistan, the Philippines and Qatar under the Convention. In addition, Poland will present its initial reports under the two Optional Protocols to the Convention; Yemen will present its initial report under the Optional Protocol on the sale of children, child prostitution and child pornography; and Turkey will present its initial report under the Optional Protocol on the involvement of children in armed conflict.

Final Observations and Recommendations on Reports Presented Under the Convention on the Rights of the Child

France

Following its consideration of the third and fourth combined periodic report of France, the Committee noted with appreciation the positive developments related to the implementation of the Convention, such as the adoption of a law in May 2004 on the reform of divorce law, in particular to reduce the length and exposure of children to those procedures. The Committee also noted with appreciation the adoption of a law in April 2006 which strengthened the prevention and punishment of domestic violence and violence against children and raised the legal minimum age for marriage for girls to 18 years. It further welcomed the establishment, on 16 January 2009, of a High Commissioner for Youth in charge of devising a coherent policy for 16 to 26 year-olds.

While welcoming the alignment of the Court of Cassation’s jurisprudence on the direct applicability of the Convention with the jurisprudence of the Council of State, the Committee was concerned at the limited number of provisions which were recognized as having such direct effect. The Committee also expressed concern at the lack of coordination between the national and the departmental level, including the Overseas Departments and Territories. The Committee was further concerned at the stigmatization, including in the media and in school, of certain groups of children, in particular vulnerable children and children living in poverty, such as Roma and disabled children, children belonging to minorities and children living in housing projects (banlieues), which lead to a general climate of intolerance and negative public attitudes towards those children, especially adolescents, and might often be the underlying cause for further infringements of their rights. The Committee was further concerned at the general negative attitude of the police towards children, in particular adolescents.

While noting that school curricula contain modules on education of citizens, including human rights, the Committee was nonetheless concerned at the low level of knowledge about the Convention among children and adults and recommended that France further strengthen its efforts to ensure that all the provisions of the Convention and its two Optional Protocols were widely known and understood by adults and children alike throughout the State party. The Committee was also seriously concerned at the death of children in detention in 2008, as well as at the high prevalence of self-injurious behaviour among those children and recommended that the Government use all available resources to protect the child’s right to life, including by reviewing the effectiveness of preventive measures. The Committee also remained concerned that a mother giving her child up for adoption, if she wished, could conceal her identity and oppose the right of the child to know his or her origins, depriving the child of a part of his or her rights. The Committee thus reiterated its previous recommendation that France take all appropriate measures to fully enforce the child’s right to know his or her biological parents and siblings, as enshrined in article 7 of the Convention.

Sweden

Having reviewed the fourth periodic report of Sweden, the Committee welcomed the adoption and implementation of a second national human rights action plan for the period 2006-2009, which included specific programmes on the promotion and protection of the rights of the child. The Committee also welcomed the new provisions that had been included in the Social Services Act and the Care of Young Persons Act in April 2008 to further strengthen protection of children, as well as the enactment of a new law criminalizing any intent to approach children on the Internet under a fictitious identity (i.e. adults pretending to be a child), which would enter into force on 1 July 2009.

The Committee was, however, concerned that children could not address their individual complaints to the Ombudsman and that the Ombudsman’s role was not clearly independent from the Government, in accordance with the Paris Principles. It also reiterated its previous concern that, despite the adoption of legislative guarantees, including the new Anti-Discrimination Act, the principle of non-discrimination was not fully respected in practice, and it was particularly concerned about de facto discrimination against and xenophobia and racist attitudes towards children of ethnic minorities, refugee and asylum-seeking children and children belonging to migrant families.

The Committee further remained concerned at the high level of child abuse in Sweden and neglect and other forms of domestic violence and recommended that the State Party continued and strengthened its efforts to provide adequate assistance to children who were victims of child abuse, including through, among other measures, early detection and treatment of cases involving child abuse and ensuring that all victims of violence had access to counselling and assistance with recovery and reintegration. The Committee also expressed its concern at the spread of sexually transmitted infections, as well as the increasing rate of unwanted teenage pregnancies and abortions among girls from 15 to 19 years of age and recommended that Sweden increase its measures to analyse and combat the spread of such diseases and that it strengthen sexual and reproductive health education for adolescents. Concerned at the persistence of bullying in schools, in particular against children with disabilities and of foreign origin, the Committee also recommended that Sweden strengthen measures taken to combat that phenomenon.

Mauritania

Among positive developments in the second periodic report of Mauritania, the Committee welcomed the Act of 3 September 2007 on the criminalization of slavery and the Act of 17 July 2003 on the suppression of trafficking. It also welcomed the accession of Mauritania to the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography in 2007.

The Committee remained concerned over practical challenges with the pluralist legal system prevailing in Mauritania, and in particular regarding the incompatibility between Sharia law, customary law and positive law. It was also concerned that awareness of the Convention was insufficient among relevant professional groups, communities, religious leaders, parents and among children themselves, especially in rural and remote areas. While noting that legislation established the minimum marriage age at 18 years, the Committee was also concerned that girls could be married below the age of 18 in accordance with the discretionary powers of a judge.

While the Committee welcomed the establishment of the National Human Rights Commission in 2006 and information indicating that it had a children’s rights unit, it was concerned that the Commission lacked resources and was not accessible to children. It recommended that Mauritania ensure that the National Human Rights Commission complied with the Paris Principles and that it was provided with adequate human and financial resources to receive, monitor and investigate complaints from or on behalf of children on violations of their rights. The Committee also recommended that Mauritania make combating discrimination against vulnerable groups a national priority. In particular, it recommended the Government design programmes which enabled girls to enjoy their rights without discrimination and that it raise awareness among all stakeholders and society at large on the value of the girl child. The Committee further remained concerned over the lack of adequate opportunities for children to express their views and that traditional societal attitudes limited the consideration given to children’s views, including in the community, schools, within the family and in judicial and administrative proceedings. It therefore recommended that Mauritania strengthen efforts to ensure that children’s views were given due consideration and to guarantee the right of the child to be heard in any judicial and administrative proceedings affecting him or her.

Bangladesh

Having examined the combined third and fourth periodic of Bangladesh, the Committee noted with appreciation the adoption of many legislative measures, including the Citizenship Ordinance Amendment of 2008 whereby children born of Bangladeshi women married to non-Bangladeshi men were now entitled to Bangladeshi citizenship; the Bangladesh Labour Law of 2006, which particularly prohibited hazardous work for children below 18 years old; and the Penal Code Act Amendment of 2004, which raised the age of criminal responsibility from 7 to 9 years.

The Committee remained concerned that some aspects of domestic legislation in Bangladesh continued to be in conflict with the principles and provisions of the Convention and regretted that there was no comprehensive law to domesticate the Convention. In particular, the Committee was concerned that the Children’s Act of 1974 had not been revised in line with the Convention. While it welcomed the establishment of the National Human Rights Commission in 2008, the Committee was concerned about that body’s independence, as well as its operational capacity to serve the interests of children in the country. The Committee also noted with concern the absence of independent, child-specific and child sensitive procedures for individual complaints. In that regard, it was noted that, so far, little progress had been made with regard to the law on a Children’s Commissioner (Ombudsman), which had been drafted in 2006. The Committee also reiterated its concern that there was no uniform definition of the child in the State party’s laws and policies and that understandings and legal provisions varied according to civil law, the Convention, and Sharia law, as reflected in conflicting legal minimum ages of children for marriage.

The Committee recommended that Bangladesh ensure that all of the provisions of the Convention were widely known and understood by adults and children and that it translated and disseminated the Convention into non-Bengali languages. Bangladesh should also reinforce systematic training of all professional categories working for and with children in rural and remote areas, including teachers, police, lawyers, judges, health personnel, the media, social workers and personnel of childcare institutions and should include human rights education in the official curriculum at all levels of education. The Committee further recommended that the Government take immediate steps to halt the imposition of the death penalty for crimes committed by persons under 18, and that it take urgent legislative measures to prohibit early and forced marriages and other traditional practices harmful to the health and development of boys as well as girls. The Committee further urged Bangladesh to introduce gender-sensitive awareness-raising programmes, with the involvement of community leaders, for practitioners, families, and the general public to prevent and end harmful practices, especially in rural areas.

Niger

Among positive developments in the second periodic report of Niger, the Committee noted with appreciation the passing of an Act in June 2003 amending the Criminal Code and introducing new offences, including female genital mutilation, genocide and the crime of slavery; and a Law in 2007 on free birth registration. The Committee also welcomed the ratification by Niger of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography in October 2004.

While the Committee took note of the creation within the National Commission on Human Rights and Fundamental Freedoms of a Department for the Promotion of the Rights of Women and Children, it regretted that the National Commission had not been provided with the adequate human and financial resources to discharge its mandate and had no local and regional offices set up. The Committee was also seriously concerned over the limitations placed upon certain civil society organizations and in particular the severe administrative and practical restrictions upon the operation of international non-governmental organizations working in the area of human rights and humanitarian assistance for children. While the Committee noted with satisfaction that a consensus had been reached among traditional and religious leaders to set the minimum age for marriage at 18 for boys and girls, it was nevertheless concerned that that consensus had not yet been enacted in legislation and that the minimum legal age for marriage of boys (18 years) and girls (15 years) remained gender discriminatory.

The Committee urged Niger to take, as a matter of priority, all appropriate measures to expedite the adoption of the planned Children’s Code covering all the provisions of the Convention and that it ensure adequate human and financial resources for the full implementation of the provisions when approved. As international adoption was common in Niger and the practice remained unregulated, the Committee called upon Niger to include clear provisions in the Children’s Code to prevent the practice of informal adoption and set up an effective mechanism to monitor adoptions. While the Committee welcomed the significant efforts made by Niger to eradicate female genital mutilation, it nevertheless noted with concern that the practice remained very prevalent among certain communities in the country. The Committee thus urged Niger to implement and apply legislative and other measures to prohibit traditional practices that were harmful to children, including female genital mutilation, and that it ensure that perpetrators of such acts were brought to justice. The Committee also urged Niger to take immediate measures to prohibit early and forced marriages and organize awareness-raising campaigns in partnership with traditional chiefs on the adverse consequences of early pregnancies.

Romania

Following its review of the third and fourth combined periodic reports of Romania, the Committee highly appreciated the adoption of a legislative measures to set at 18 years the legal age of marriages for both boys and girls and the setting up of relevant agencies, including the Romanian Office for Adoptions, the National Agency for the Protection of the Family, the National Agency for the Roma and the National Agency for the Prevention of Human Trafficking. The Committee also noted with appreciation that Romania had ratified or acceded to the Council of Europe Convention on Action against Trafficking in Human Beings; the Convention relating to the Status of Stateless Persons of 1954; and the Convention on the Reduction of Statelessness of 1961.

While noting that the Ombudsman could receive and consider complaints directly from children, the Committee remained concerned that the Ombudsman did not meet the criteria listed in the Paris Principles and noted that the existence of the Ombudsman was not well known and as a result he received few child-related complaints. The Committee was also concerned that, in practice, certain groups of children, in particular Roma children, children with HIV/AIDS, children with disabilities, child victims of violence, children left behind by their parents, as well as children benefiting from social protection measures, including Roma children declared eligible for adoption, continued to experience discrimination and social stigmatization. It was further concerned that the views of the child were sometimes not solicited or taken into account in various settings, including in judiciary hearings of cases concerning children, in matters concerning school administration and classroom education, and in public debates. The Committee further noted that there were no specific provisions in the criminal law and procedure for the hearing of child victims of crime, including sexual exploitation and sexual abuse.

The Committee was also concerned about the extent of non-registration of births, which disproportionately affected the children of Roma origin, street children, newborns abandoned in hospitals, and children born in the home and other settings. The Committee recommended that Romania raised awareness among hospital staff, administrators and other health professionals about their responsibilities to register births and to facilitate the issuing of birth certificates. The Committee was in particular concerned that there were no psychiatric departments for children with mental disabilities and that such children were placed in adult institutions where they were not supervised. It recommended that the State party develop a comprehensive mental health policy, including mental health promotion, prevention of suicidal and violent behavior, outpatient day care and inpatient services for adolescents with mental health problems, as well as programmes to support families with children at risk. The Committee further recommended that Romania ensure that its policies, measures and instruments were applied without discrimination and aimed to protect the rights of children belonging to all minorities, including Roma, and their rights under the Convention. It in particular recommended that Romania initiate campaigns, including throughout the media at all levels and regions, aimed at addressing the negative attitudes towards the Roma in society at large, including among police and other professionals.

Final Observations and Recommendations on Reports Presented Under the Optional Protocol on the Involvement of Children in Armed Conflict

Slovenia

After its consideration of Slovenia’s initial report under the Optional Protocol on the involvement of children in armed conflict, the Committee noted with appreciation the declaration made upon ratification of the Optional Protocol that under Slovenian law the minimum age for voluntary recruitment into its national armed forces was 18 years. It also appreciated the amendments made to the Slovenian Armed Forces Act to prohibit persons under 18 years of age from being recruited into the armed forces in all circumstances, including a state of war or emergency. The Committee further appreciated the appointment of a Deputy Human Rights Ombudsman dealing specifically with the protection of the rights of children, with the competence to monitor violations of the rights of children, including violations of the provisions of the Optional Protocol, and to deal with complaints and request information, including from the Ministry of Defence.

The Committee was concerned that the Optional Protocol was not well known by professionals, State officials and the public at large, and that professionals working with children might not receive sufficient training on its provisions. It also regretted that the Optional Protocol still remained marginal in children’s education. The Committee took note of the measures adopted by Slovenia to provide protection, rehabilitation and other assistance for children affected by armed conflicts in their countries of origin. However, it was concerned at allegations that children seeking protection at the borders could be turned away before their cases were properly evaluated. The Committee further noted with concern that Slovenia’s national legislation did not contain a specific prohibition on the sale of arms, including small arms and light weapons, to countries where children could be recruited or used in hostilities.

The Committee recommended that Slovenia consider reviewing its domestic legislation with a view to adopting a binding definition of “direct participation in hostilities” and to extending to legal persons criminal liability for the acts and activities enumerated in the Optional Protocol. The Committee also recommended that the Government ensure that the principles and provisions of the Protocol were widely disseminated among professionals, State officials and the general public. Further, it was recommended that Slovenia ensure that children seeking protection at the borders were provided an opportunity to submit their requests and that Slovenia identify at the earliest possible stage children entering the country and asking for protection who might have been recruited or used in hostilities abroad.

Oman

Following its review of the initial report of Oman under the Optional Protocol on the involvement of children in armed conflict, the Committee noted as positive Oman’s declaration upon ratification declaring 18 years as the minimum age for voluntary recruitment to the armed forces; that there was no conscription in Oman; and that the minimum age of voluntary recruitment was 18 years in Oman without exception, even in situations of general mobilization.

The Committee regretted the broad nature of Oman’s reservation to the Optional Protocol and that no progress had been made in withdrawing or limiting its extent. It was concerned that awareness of the Optional Protocol among the general public was low. The Committee also regretted that Oman had no information on children coming from areas affected by armed conflict. It was further concerned over the lack of an identification mechanism for such children and regretted that, if needed, recovery and reintegration programmes and services would not be available for them.

The Committee recommended that Oman develop awareness-raising, education and training programmes on the provisions of the Optional Protocol for relevant professional groups working with children, including prosecutors, lawyers, judges, law enforcement officers, social workers and teachers. In order to further strengthen international measures for the prevention of the recruitment of children and their use in hostilities, the Committee urged Oman to revise the Penal Code to include a provision explicitly criminalizing the recruitment and involvement of children in hostilities; that it ensure that all military codes, manuals and other military directives were in accordance with the provisions and the spirit of the Optional Protocol; and that Oman ratify the Rome Statue of the International Criminal Court.

Final Observations and Recommendations on Reports Under the Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography

Slovenia

Among positive aspects in the initial report of Slovenia under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee noted with appreciation the amendments to the Penal Code in 2004 and 2008 which, inter alia, had introduced human trafficking as a criminal offence and had broadened the scope of the offences related to child pornography. It also noted with appreciation the appointment of a Deputy Human Rights Ombudsman dealing specifically with the protection of children’s rights that had competence to monitor violations of the rights of children, including violations of the provisions of the Optional Protocol, as well as to deal with complaints and request information. The Committee further commended Slovenia on its ratification of the United Nations Convention against Transnational Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, in 2004.

The Committee was concerned at discriminatory attitudes faced by some vulnerable children, including Roma children, asylum-seekers and children born in Slovenia without nationality, which might affect their protection and prevent their full enjoyment of the rights enshrined in the Optional Protocol. While noting the adoption of the Action Plan for the fight against human trafficking for the period 2008-2009, the Committee was concerned that there was no specific plan of action covering all aspects of the Optional Protocol. The Committee was also concerned that the State party’s legislation did not criminalize the production or dissemination of materials advertising the sale of children, child prostitution or child pornography. It was further concerned about the weak enforcement of legislation relating to offences referred to in the Optional Protocol, in particular, the prosecution and punishment of those responsible for acts involving the sale of children, child prostitution and child pornography.

The Committee recommended that Slovenia take appropriate measures to expand training activities for the judiciary, prosecutors, police and other public officials so as to ensure the prosecution and punishment of perpetrators of acts prohibited by the Optional Protocol. The Committee also recommended that Slovenia develop, in consultation and cooperation with all relevant stakeholders, a national plan of action aimed at addressing the sale of children, child prostitution and child pornography, and that it provide adequate human and financial resources for its implementation. Slovenia was also asked to review its legislation, in particular its Penal Code, with a view to bringing it into full conformity with the Optional Protocol, including articles 2 and 3.

Oman

Among positive aspects in the initial report of Oman under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee noted with appreciation the Human Trafficking Act of 2008 and the Oman’s ratification of the Convention on the Rights of Persons with Disabilities in January 2009.

The Committee regretted the position of Oman that there were no cases [of violations of the Protocol in the country], and noted the large numbers of foreign migrant children who were particularly vulnerable to violations of their rights. It further regretted that there was no National Plan of Action or strategy in place to combat the crimes under the Protocol. The Committee was concerned that resources allocated remained insufficient in order to implement the provisions of the Protocol and, in particular, noted the lack of targeted resources for criminal investigations, legal assistance and physical and psychological recovery measures for victims. It was further concerned that not all the offences covered under the Protocol had been fully incorporated into the Penal Code, and regretted the lack of information on penal provisions relating to the sale of children and child pornography. Furthermore, the Committee noted the lack of information on whether the legislation had been enforced in practice. A further concern was that child victims might be re-victimized by being treated as offenders and that girls, who had been victims of child prostitution, might be criminalized, inter alia, on charges of zina and honour crimes. Finally, while noting regulations to gradually raise the age of camel jockeys to 18 years by 2009, there was a lack of information on available monitoring mechanisms and the application of sanctions for violations, and the Committee thus remained concerned that children were still at risk of being used as camel jockeys, as well as the potential links between such practices and trafficking of children.

The Committee recommended that Oman develop and implement a comprehensive and systematic mechanism of data collection, analysis, monitoring and impact assessment of all the areas covered by the Optional Protocol. It further recommended that Oman adopt a National Plan of Action to combat violations of the Convention and provisions of the Protocol, and that it implement it in consultation with relevant actors, including children and civil society, and that the Plan include a follow-up mechanism. Among others, Oman should develop comprehensive procedures for the early identification of child victims of offences under the Protocol; take all necessary measures, including legislative, to ensure that child victims of any of the crimes under the Optional Protocol were not criminalized; allocate adequate financial and human resources to the competent authorities in order to ensure access to the legal representation for all child victims; presume, if in doubt, that young victims of sexual exploitation were children, and not adults; and ensure that judges and prosecutors were adequately trained on the provisions of the Protocol.


For use of the information media; not an official record

CRC09024E