Experts of the Committee on the Rights of the Child Praise Paraguay’s Educational Initiatives, Ask about the Low Birth Registration Rate and “Criadazgo” Child Labour Practices
The Committee on the Rights of the Child today concluded its consideration of the fourth to sixth combined periodic report of Paraguay, with Committee Experts praising the State’s educational initiatives, including the school meals programme, and raising questions about the low birth registration rate and measures to address criadazgoand other forms of child labour.
One Committee Expert said the State party had developed several commendable initiatives in the field of education, including the school meals programme. Enrolment rates were low in early education and upper secondary education, and there were also concerns about the budget for education. How was the State party addressing this?
Luis Ernesto Pedernera Reyna, Committee Expert and Coordinator of the Country Taskforce for Paraguay, expressed concern that only 70.5 per cent of births were registered in the civil registry in 2021. Around 55 per cent of indigenous children did not have a birth card or registration. Why was this happening? How had the State party promoted birth registration in rural areas?
Another Committee Expert said there were challenges in the field of child labour. What plans had been implemented to abolish exploitation of children? How was the State party identifying cases of criadazgoand helping victims to escape the system and recover?
Introducing the report, Walter Gutierrez, Minister of Children and Adolescents and head of the delegation, said that the new National Programme for Early Childhood Development aimed to improve access to comprehensive and quality services for early childhood. This commitment entailed a five-fold increase in the strategic allocation of financial and human resources. The recently enacted Zero Hunger in Schools Act planned to increase the amount of food served in the country's public schools from the current level of five per cent to 100 per cent.
The delegation added that the period of compulsory education had been extended over the reporting period, leading to significant increases in enrolment in secondary education. The education budget had recently been increased, bolstered by contributions from various State bodies and universities. 12.6 per cent of the State budget and 3.6 per cent of gross domestic product was devoted to education.
The low birth registration rate presented in the report was due to the COVID-19 pandemic, the delegation said. Parents who were not able to register their children during the pandemic could now do so. There were 501 birth registration units in Paraguay. The State party was working to establish new civil registry offices in remote areas. There were also mobile units that visited remote areas, to promote and facilitate registration. There were three offices dedicated specifically to the registration of indigenous peoples.
Mr. Gutierrez said criadazgo was a form of labour exploitation that seriously affected the rights of children. The Paraguayan State was working on a draft law criminalising criadazgo. The delegation added that the State party had social programmes aiming to combat child labour, including in rural areas, and awareness raising campaigns to uproot the cultural practice of criadazgo. Around 3,000 labour inspections had been carried out in recent years, uncovering 53 infractions. A hotline had been set up that provided legal assistance for adolescents whose labour rights had been abused.
Mr. Pedernera Reyna, in concluding remarks, said the Committee and the State party both wanted the best for Paraguayan children. The State had developed several laudable initiatives for children and there had been progress in some areas, but there had also been retrogressions. The Committee welcomed the delegation’s commitment to moving forward to promote children’s rights.
In his concluding remarks, Mr. Gutierrez said the delegation had illustrated its determination to craft better societies for children in Paraguay. Paraguay was keen to work to implement the Committee’s recommendations. The State party and the Committee shared the goal of building a better future for the children of Paraguay.
The delegation of Paraguay consisted of representatives from the Ministry of Justice; Ministry of Public Defence; Ministry of Foreign Affairs; Ministry of Children and Adolescents; Parliamentary Front for the Rights of Children and Adolescents; Permanent Commission for Advice on Children, Youth and Development; Permanent Commission for Advice on Family and Older Adults; and the Permanent Mission of Paraguay to the United Nations Office at Geneva.
The Committee will issue the concluding observations on the report of Paraguay at the end of its ninety-sixth session on 24 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Friday, 24 May at 5 p.m. to close its ninety-sixth session.
Report
The Committee has before it the combined fourth to sixth periodic report of Paraguay (CRC/C/PRY/4-6).
Presentation of Report
WALTER GUTIERREZ, Minister of Children and Adolescents and head of the delegation, said Paraguay was committed to the international system and to the promotion and protection of human rights. The signing of the Convention and its incorporation into the national legal system by Act No. 57/1990 was a milestone for Paraguay. This was consolidated by the Constitution, adopted in 1992, which promoted the prevailing rights of the child and the responsibility of the family, society and the State to contribute to their protection and development. The Children and Adolescents Code made it possible to establish administrative and jurisdictional mechanisms for the promotion and protection of the rights of children and adolescents. The recent price adjustment of the sale of energy from the Itaipu hydroelectric plant with Brazil implied greater resources for the country. This would be allocated to social investment, where early childhood would be prioritised.
National and local coordination had been strengthened by Law No. 6174/2018. This regulation established the responsibility of the Ministry of Children and Adolescents to implement the policies formulated by the National Council for Children and Adolescents, among other factors. The Government had worked to establish and operate 13 Departmental Councils and 119 Municipal Councils for Children and Adolescents, which required the participation of children and adolescents. Training courses and workshops were developed within the Ministry of Children and Adolescents, on topics including the Convention. In the judicial sphere, ongoing training was provided to public defenders and State officials to improve their capacities in their work to defend the rights of children and adolescents.
Through the National Early Childhood Programme, significant progress had been made to strengthen the public provision of services for children in early childhood. The new National Programme for Early Childhood Development, which was in its final stage of approval, aimed to improve access to comprehensive and quality services for early childhood, that would benefit children aged zero to eight years. This commitment entailed a five-fold increase in the strategic allocation of financial and human resources. There would be reference centres for comprehensive early childhood care established throughout the country. The recently enacted Zero Hunger in Schools Act, planned to increase the amount of food served in the country's public schools from the current level of five per cent to 100 per cent.
To combat violence and sexual abuse against children and adolescents, awareness-raising campaigns were carried out on a sustained basis for several years. The State recently launched a campaign on the Guide for the Prevention of Child Sexual Abuse, for the first time. In October 2023, the Ministry of Children and Adolescents created the Programme for the Comprehensive Care of Victims of Sexual Abuse. The State party planned to train 10,000 children and adolescents in seven Departments across the country, in addition to setting up the first State shelter exclusively to care for victims. A programme was established to provide specialised protection for victims 24 hours a day, including a free helpline for receiving complaints. The State party had received 12,440 complaints in 2023 that were referred to the Social Protection System or the Office of the Ombudsman for Children and Adolescents.
There was a programme run by the Ministry of Children and Adolescents for preventing and combating child labour, covering 12 departments and reaching 46 districts with a total of 64 centres in full operation. Currently, 4,200 families and 12,000 children and adolescents were direct beneficiaries of the services provided by the programme. Criadazgo was a form of labour exploitation that seriously affected the right of children. It was necessary to improve domestic legislation by making it a crime to subject children to this violation. For this reason, the Paraguayan State was working on the preparation of a corresponding draft law for submission to the Legislative Branch.
The National Plan for Comprehensive Adolescent Health 2023-2030 sought to guide health interventions aimed at this population. There had been a decrease from 12,352 to 9,226 cases of adolescent pregnancy between 2022 and 2023. The Ministry of Public Health and Social Welfare provided comprehensive care to children under five years of age at risk of malnutrition and pregnant adolescents. To deal with the alarming situation of adolescents using drugs, the Paraguayan Government has launched a programme to address addictions, provide rehabilitation and reintegration of drug users into society; and combat drug trafficking.
In the field of education, the State party had implemented a bilingual education programme, universalised preschool education, and implemented scholarship programmes aimed at poor rural and urban sectors to ensure that students remained in the school system. Basic secondary education had been incorporated into compulsory education, expanding coverage of the 12 to 15 age group from 38 per cent to 80 per cent. The enrolment rate for pre-school education had also risen from 27 per cent to 90 per cent. A project was being implemented to increase the provision of flexible educational services to reduce school dropouts, which to date, had achieved the identification and enrolment of more than 2,800 boys and girls since 2023.
More than 157,000 Paraguayans were lifted out of total poverty and more than 65 thousand people were lifted out of extreme poverty over the reporting period. There was a project underway to support the protection and promotion of families in situations of poverty and vulnerability through conditional cash transfers and family and community support.
Efforts continued to be made to deinstitutionalize children and adolescents. Through State programmes, in the last five years, the number of children in shelter had not increased, and there had been an increase in the number of children placed in extended and foster families. The planned National Programme for Alternative Care and Adoption would support biological families at risk of separation, and promote reunification with biological families.
Questions by Committee Experts
One Committee Expert welcomed the legislation adopted in the last 14 years since the previous dialogue, but said there were reports that most legislation was not implemented. Law 5419 of 2015 allowed children aged 16 to marry, with the family’s authorisation. The Committee did not want the law to regularise child marriage. Could the delegation discuss this? A new national action plan on child protection had been approved which promoted a “family approach” rather than a human rights-based approach. Why did the State party not provide comprehensive sexual education in schools? In recent years, the budget for children had been declining. Why was this? There was a lack of accountability and transparency regarding financing for policies for children.
The Committee welcomed the establishment of the National Institute of Statistics, but it had yet to produce sufficient statistics on children. Were there plans to strengthen the Institute? How was legislation on legal aid for children being implemented? Why was there a lack of access to remedies for children outside of the formal justice system? How was the Government adapting its current awareness policies to address the views of indigenous peoples? Civil society had been weakened by a lack of funds and the anti-rights agenda. What measures were in place to strengthen civil society organizations’ role in the protection of children’s rights?
In the 2021 Universal Periodic Review, the Government received 20 recommendations to pass anti-discrimination legislation, but the report had said there was no need to pass such legislation. Why was this? Was the Government taking on the agenda of anti-rights groups regarding lesbian, gay, bisexual, transgender and intersex rights? Was hate speech criminalised? The best interests of the child were constantly questioned by religious groups, who claimed that only parents and not the State could determine the best interests of the child. Could the delegation discuss this?
What measures had the State party taken to address high mortality rates between 10 and 18 years of age? How was the mortality rate affected by climate events? There had been complaints regarding the enforced disappearance of children. How was the State party combatting this? Also concerning were deaths of children within State institutions. Six of the eight adolescents who died in State custody were in pre-trial detention. Why had these deaths occurred?
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Coordinator of the Country Taskforce for Paraguay, expressed hope that the dialogue would be frank and constructive. It was very concerning that only 70.5 per cent of births were registered in the civil registry in 2021, with limited access especially in rural and indigenous areas. Around 55 per cent of indigenous children did not have a birth card or registration. Why was this happening? How had the State party promoted birth registration in rural areas? What coordination was there between the Ministry of Health, the Civil Registry and the Department of Identifications to facilitate registrations?
There were laws that were discriminatory against indigenous peoples, including a law that allowed the Civil Registrar to refuse to register “offensive” names. This law was often used to prevent the registration of Guarani names. Did the State party intend to repeal this law?
There were alarming statistics about the level of violence in schools. Why were children’s voices reportedly not being heard in the development of policies to combat violence and hunger? In 2022, there were around 33,826 complaints of domestic violence and the Public Prosecutor's Office registered 4,184 victims of child sexual abuse. How was the State party ensuring the collection of data on these crimes and access to justice for child victims? What steps had been taken to prevent online bullying? There were reports of violence used by teachers against students in the Acosta Ñu Military Academy. Had the State party investigated these incidents and prosecuted the perpetrators? There was also one case of abuse in a peacekeeping mission in Congo. What happened in this case?
Implementation of the recommendations of Paraguay’s national preventive mechanism was not compulsory. What steps had been taken to implement these?
How did the State party prevent discrimination against lesbian, gay, bisexual, transgender and intersex children?
Another Committee Expert said State legislation incorporated safeguards allowing children to live in a family environment and promoted comprehensive protection. Paraguay had made major efforts in this regard, but fine-tuning was needed. How was the State party guaranteeing the right to a family environment for children? Was non-discrimination the guiding policy in all State programmes and laws on children? How did policies promote co-parenting and a family environment free from violence? Were there any studies on the makeup of families in Paraguay? How did the State party combat discrimination against vulnerable children and the separation of these children from their family environment?
The Law for the Promotion and Protection on the Rights of the Child was not sufficiently applied and recently there had been an amendment to this law, to slow the process of deinstitutionalisation. Why was this amendment made? How much had the State invested in shelters for children? How many institutions were there in Paraguay and what was the profile of the children they hosted? Were there mechanisms in these institutions to allow for children to submit complaints? There was strong legislation on adoption, but there were children who fell outside of the adoption programme. Was the State party trying to prevent this?
The Ministry of Public Defence monitored the situation of children housed with their parents in prisons. How was the State party working to protect the rights of these children? How often did positive discipline workshops for parents take place? How many children had parents who were deprived of liberty?
Responses by the Delegation
The delegation said the State party had been striving to eradicate the exemption that allowed early marriage in its legislation. A draft piece of legislation that scrapped the exception would be presented to Parliament this month. The bill would ensure that persons could only marry from age 18.
The national policy on children and adolescents was adopted for the period 2014 to 2019. It had an associated national action plan. A second plan had been adopted for 2019 to 2023. Representatives of various ministries, children and adolescents and civil society organizations participated in the development of the plan, which was rights-based. A new plan covering the period 2025 to 2035 was currently being developed. Families were at the centre of Paraguayan society and all public policies were family focused, with an emphasis on protection. The Constitution promoted equality of opportunities between boys and girls.
Investment in children was pursued across all levels of government. There had been an increase in investment in children across the different levels of government. Paraguay was a major producer of foodstuffs, but some of its children were going hungry. To combat this, the State party had significantly increased investment in the school meals programme, to ensure that all students could benefit. There were also cash transfer and social welfare programmes in place to prevent school dropouts.
Paraguay had the largest hydroelectric power station in the world. Adjustments to tariffs on the power generated had increased the State’s income stream, and the increased income would solely be used on social welfare programmes, including the programme aiming to improve early childhood centre infrastructure. Paraguay considered that life began at conception. It was implementing programmes to ensure protection for children’s nutrition, including while in the womb. Information packs would be distributed to the parents of young children on parenting, health and nutrition. There would be nurses and identity officers working in early childhood centres, to promote civil registration of children.
Children had the right to lodge complaints with the Government. The State party had been working with the judiciary and the Ombudsperson’s Office to develop simplified reporting tools for children to use. All children and adolescents could use the State’s helplines to report violations of their rights. A wide-ranging campaign was in place to promote use of the helplines. There was a State policy on hearing children’s opinions in investigation of complaints. Legislation ensured that alternative care facilities and State institutions had complaints mechanisms in place. Complaints could be submitted online and via email, in addition to through the telephone helpline.
The Ministry for Public Defence worked to raise awareness about the Convention. The Children and Adolescents Code set up a system of various State entities working on children and adolescents’ rights. The State party sought to further strengthen the role of local counsellors for children and adolescents by creating a certification process for these counsellors. The Convention had been incorporated into local legislation.
The State party had social programmes aiming to combat child labour, including in rural areas. Adolescent labour was allowed when it respected children’s rights. The jobs that they could engage in were regulated; they could not engage in hazardous occupations.
Paraguay had 150,000 indigenous residents and the State party was promoting their rights. The Government was promoting the best interests of the child through its laws and policies. Judges were free to rule as they deemed best, and they received training on the best interests of the child. Decisions that did not respect the best interests of the child were very rare. The State party took immediate measures to protect children who were in danger, in respect of the best interests of the child. It was the duty of the judiciary to respect the best interests of the child.
The low birth registration rate presented in the report was due to the COVID-19 pandemic. Parents who were not able to register their children during the pandemic could now do so. There should never be a denial of registration of indigenous names; names were sometimes rejected to prevent mockery of children.
The Global Alliance of National Human Rights Institutions had given the Ombudsperson’s Office “A” status. It considered complaints of violations of human rights.
Joint work was done with the national preventive mechanism, which had presented recommendations regarding juvenile justice. The State party worked to implement these recommendations. Around 40 complaints had been lodged regarding torture of adolescents in detention. All these complaints were investigated. Six persons had been prosecuted regarding the incidents of deaths of eight teenagers in State institutions. Recent initiatives, such as the provision of alternatives to detention, had led to a decrease of more than 40 per cent in the number of adolescents deprived of liberty. Training for prison staff addressed human rights.
Questions by Committee Experts
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Coordinator of the Country Taskforce for Paraguay, said that one minister had made discriminatory comments concerning gay children. Had this person been punished? How was the State party combatting discrimination and hate speech?
Another Committee Expert asked about the number of complaints lodged by children in State institutions and the outcomes of investigations of those complaints.
One Committee Expert said Paraguay had received a well-known ruling in the “Panchito López” case before the Inter-American Court of Human Rights. Why had the State been unable to implement this ruling and other recommendations from international bodies?
A Committee Expert asked for figures regarding the increase in birth registrations occurring after the pandemic. How was the State party promoting birth registration and making civil registration offices accessible in remote areas?
Another Committee Expert said the State party faced many challenges in combatting discrimination. What was being done to protect the most vulnerable populations? How did the eight child deaths in State institutions happen and how were they investigated?
One Committee Expert said there were challenges in identifying intellectual and psychosocial disabilities in children. How was the State party addressing this? What interventions were planned for indigenous children with disabilities? It was concerning that disability services continued to be centralised. Were there plans to decentralise these? It was very commendable that there were municipal commissions on disability. What had been their impact for children with disabilities? How was the State party increasing the accessibility of services offered by the National Secretariat on the Promotion of the Rights of Persons with Disabilities?
The State party had taken several measures to ensure access to the right to health, including through several praiseworthy laws. The maternal mortality ratio had improved, falling to 79 deaths per 1,000 live births in 2020. The COVID-19 pandemic had reversed this trend, however. How was the State party working to further decrease maternal mortality? What was Paraguay doing to increase the vaccination rate and address disinformation concerning vaccination? What measures were in place to address early pregnancy and violence against children? There was a programme on preventing mother-to-child transmission of HIV/AIDS. Had this and other policies contributed to decreasing the HIV transmission rate? The high number of road accidents was a serious concern. How was the State addressing this issue?
Did the State party conduct an assessment on the effects of water and air pollution, as well as pesticides, on children’s health? Did environmental policies take children’s views into account?
The State party had developed several commendable initiatives in the field of education, including the school meals programme. Enrolment rates were low in early education and upper secondary education. How was the State party addressing this? There were also concerns about the budget for education. What percentages of the budget were allocated to each level of education? How did the State party support education for indigenous children, who were overrepresented in the population of children not in school?
Another Committee Expert said a 2023 national action plan on drinking water and sanitation was rolled out. This was welcome. What was the scope of the plan? To what extent did it cover indigenous peoples and children? How were policies on sanitation aligned with protection instruments for children? Was there a monitoring system in place for these policies?
The State party had made efforts to handle the high number of migrants from Venezuela. A system for providing international protection to unaccompanied minors had been set up. How did this system work in practice?
The Human Rights Committee had raised issues concerning water contamination in indigenous territories. Steps had been taken to protect indigenous water rights; what impact had these had? There were strategies to demarcate ancestral lands. Did the State party intend to establish bodies to protect indigenous land rights? How were the rights of indigenous children protected?
There were challenges in the field of child labour. What steps had been taken to collect data on child labour, which could inform strategies to prevent this phenomenon? How did the State party monitor hazardous work? Had there been any prosecutions regarding children’s participation in hazardous labour? What plans had been implemented to abolish exploitation of children? How was the State party identifying cases of criadazgo and helping victims to escape the system and recover? How was it ensuring that victims could rejoin the school system and not be revictimized? How was the State party working to end this practice?
Did the State party have data on children in street situations? What measures were in place to reduce the number of children and families in such situations?
How was the State party addressing the exploitation of children online and sex tourism? There were worrying reports regarding the trafficking of children into the State to work in the sex tourism industry. How was the State party combatting this? Were there specialised shelters for victims of trafficking? How was the judiciary providing protection to child witnesses and promoting access to justice for vulnerable children? Did the State party plan to provide alternative guardianship for child victims of sexual abuse?
Had the State party investigated allegations of recruitment of child soldiers? Were students in the Military Academy considered as members of the Armed Forces? Were these students subjected to corporal punishment and was there a complaints mechanism that students at the Academy could use?
Responses by the Delegation
The delegation said the State party planned to measure the implementation of legislation regarding children and adolescents using a new tool, which would help to close the monitoring gap. The Parliament could request Government agencies to produce reports on various topics related to the implementation of law. There had been 19 requests of this nature from Parliament in the last month. There was rich dialogue between the different branches of Government.
Paraguay was working to strengthen public policy on children and adolescents. The Ministry of Education and Science guaranteed access to education for all children. There were participatory mechanisms for drafting educational policies.
In the 2022 census, the State party collected identity cards numbers, which allowed for the creation of a digital citizens’ registry. This new data would inform policy development, including for children, indigenous persons and persons with disabilities. The National Secretariat on the Rights of Persons with Disabilities was conducting a mapping exercise of persons with disabilities, to raise the profile of this group, and to collect data to inform public policies on disability.
Paraguay’s Office of Restorative Justice provided alternatives to court trials for adolescent offenders. Many young offenders were issued community service penalties and other alternatives to detention. The Office worked with other State bodies to improve the functioning of the system. Training on juvenile justice was provided to judges working in the court of first instance. In 2023, there were 31,500 restorative justice sentences involving children and adolescents, the highest number thus far. This was a clear indication that judicial processes had been accelerated, and that the Government was committed to strengthening juvenile justice. There were specialised prosecutors working in the sphere of children’s rights. There had been more than 45,000 cases directly involving violations of children’s rights in 2023.
The State party worked regularly with civil society organizations. For example, in a campaign to prevent sexual abuse of children, the Government worked with non-governmental organizations and United Nations agencies. The Government also worked with civil society to prevent trafficking in persons and child labour. Members of civil society were included in the Commission on Children and Adolescents. The Government had formalised the process of election of civil society representatives to the Commission to increase transparency. These representatives were elected for five-year terms.
There was one alleged case of enforced disappearance in Paraguay, but this case had yet to be verified and investigations were ongoing. The State party had enacted relevant judicial mechanisms to investigate the case. Reports on missing children were shared with police stations. In some cases, police were informed that children went missing, but were not informed when they were later found, leading to erroneous statistics on missing children. The State party was working to address this problem. It was also developing an “amber alert” system to ensure a rapid interinstitutional response to missing child reports.
There were legal tools in place that allowed the Government to mitigate the use of harmful pesticides, including a digital platform for monitoring their use. The State party was promoting rural and territorial programmes, to identify conflicts involving agricultural activities and propose solutions. The Senate managed import permits for agricultural companies and audited the use of seeds on farms. There was an education programme underway, aiming to ensure that students were not affected by pesticides.
Children’s participation in the development of policies and laws was promoted by the National Plan for Children and Adolescents, which also ensured that children were able to find and disseminate information. Under the Plan, children had the right to express their opinion regarding matters that affected them and had freedom of expression. Children and adolescents were equal in rights, and the State party was working to prevent all forms of discrimination against children. The Plan had a human rights-based approach and promoted the best interests of the child. The Plan also promoted respectful interactions between cultures.
The Ministry of Education and Science had a taskforce of students that assessed education policies and tackled educational issues. It had contributed to developing the see-through backpacks policy, which helped to ensure that dangerous objects were not brought to schools. University students had raised concerns that the free public transport policy for students would be abandoned, but this policy was in fact renewed.
Paraguay had made efforts to combat violence against children and sexual abuse through legislation and policy programmes. It had developed an interinstitutional roadmap on preventing sexual abuse of children and adolescents. It helped to raise awareness of support services for victims and measures promoting access to justice. The roadmap contained comprehensive plans for tackling abuse and avoiding revictimization. The national “We are All Responsible” campaign sought to shed light on the situation of child abuse, encourage victims to make complaints and educate families on the issue. As part of the campaign, the Government had developed a manual on preventing child abuse, including online abuse. The Government had worked with the private sector and civil society organizations to develop this campaign. Preventive talks were held in schools as part of the campaign. The State party planned to open the first State-funded shelter for victims of trafficking in the coming weeks.
The State had worked to expand internet coverage and promote safe internet use at schools. It was developing a draft bill on the promotion and protection of adolescents online. There was a law that punished both grooming and attempted grooming.
The Ministry of Justice had carried out work to renovate places of detention. Criminal prosecution was sought when reports of abuse has been made in places of detention.
There was a tool for monitoring compliance with legislation on mental health. There were various laws addressing corporal punishment and physical violence against children. The State party was ensuring a protection-minded approach.
The National Plan on Children and Adolescents included principles of non-discrimination. The State did not see the need to develop laws on non-discrimination of specific minorities, as the Constitution included rules on universal non-discrimination. The non-discrimination principle was incorporated in various laws and policies.
The family was the bedrock of society and consisted of a man, woman and possibly children. The State party was taking steps to ensure the flourishing of the family. A de facto union between a man and woman enjoyed the same rights as a married couple. Thirty-four per cent of households in Paraguay were headed by females. The State party prioritised support for these female-headed households.
Paraguay had established a programme promoting deinstitutionalisation. There were 783 children currently staying in State institutions. Some 30 per cent of the State’s institutions had been converted into residential model institutions and the State was working to convert all institutions to the residential model. The COVID-19 pandemic had delayed the transition to the residential model, but the State was determined to complete this course of action. The proposal to amend the law on conversion to the residential model had not yet been adopted. The debate on this law would take place in the Senate.
Questions by Committee Experts
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Coordinator of the Country Taskforce for Paraguay, said the zero-hunger programme appeared to scrap the previous school breakfast and snack programme. Was this correct? Did the State party have data on the number of cases of torture and ill-treatment and the sanctions issued to perpetrators? There were concerns regarding how schools were fumigated. What steps had been taken to address these concerns and protect students?
Another Committee Expert asked how the State party ensured the full participation of civil society organizations in the management of privately-run shelters. How were these shelters monitored? Had the law on the residential care system entered into force? Had there been a survey of families conducted by the State?
One Committee Expert said that reduced sentencing was practiced across Latin America. What was the criteria for applying reduced sentencing in Paraguay? How did the State party define restorative justice? Were there plans to amend laws to address difficulties in applying legislation on juvenile justice?
Responses by the Delegation
The delegation said the 2014 law on adoption had brought about many changes. All adoption processes were now required to go through the adoption centre, rather than the courts. Adoption centres were made up of members of the Attorney General’s Office, Government ministries and civil society representatives, who ensured that proper processes were used. Prosecutors directly adopted measures to promote family reunification when possible, and when this was not possible, prosecutors considered alternative care mechanisms. The General Office for Alternative Care was mandated to monitor alternative care centres and compile a digital register of the children in those centres. It currently had 49 staff. Legislation had been introduced to remove administrative barriers to adoption, but there were issues with its implementation. An increased budget had been allocated to implement this legislation, and would allow the State to hire 80 additional staff and set up more adoption centres. Technical teams in these centres would work to seek out adoptive families in the same region as the adopted child and provide those families with financial support. There were also programmes in place encouraging families to stay together.
Children and adolescents could be kept with their mothers and fathers in prisons, up to the age of four. There were currently 34 children in this situation. Detention centre regulations sought to ensure that there was no discrimination of parents deprived of liberty. A certain percentage of children whose parents were deprived of their liberty were provided with alternative care measures. The State party aimed to avoid taking children away from their parents.
The President’s official X account had made a post, which stipulated that the statement of the Minister of Agriculture concerning gay children in no way reflected the positions of the Government.
Direct financial support was provided to over 5,000 indigenous children and their families. There was also a programme that was preventing 2,000 vulnerable children from being exploited. In 2023, a resolution had been adopted on the complaints mechanism for alternative care centres. Two centres had been closed due to reports of violence and in one case, implicated staff members at the centre had been prosecuted. The State party had carried out investigations into these cases and taken measures to protect the thirteen children involved.
A report had been prepared on investment in children and adolescents. The State party had invested 12.7 billion dollars, 12.3 per cent of the overall State budget and around four per cent of gross domestic product, on children and adolescents. It had significantly increased the budget for education, by eight per cent. There had been a 40 per cent increase in the basic basket of food items provided for poorer families. There had also been increased investment in health, water and sanitation policies.
Paraguay was working to comply with the rulings of international bodies. The lack of resources sometimes hampered full and speedy compliance. Many State agencies had been strengthened to support implementation of these recommendations, including through the establishment of an interinstitutional commission, for coordinating the recommendations and rulings of international bodies. The commission was chaired by the Vice-President of the Republic. Next week, the commission would visit indigenous communities to consider how relevant recommendations could be implemented at the grassroots level. The SIMORE Plus system assisted with implementation efforts.
There were 501 birth registration units in Paraguay. The State party was working to establish new civil registry offices in remote areas of the State. There were also mobile units that visited remote areas, to promote and facilitate registration. Several birth registration offices had been made available in hospitals. There were three offices dedicated specifically to the registration of indigenous peoples. The State party had supported 223,000 registrations in 2023 and was supporting the right to identity.
A 2021 law provided for the establishment of the Secretariat of Disabilities in municipal governments. The State party sought to establish offices of the Secretariat in all municipalities of the State. Family health units provided support for persons with disabilities in their homes. The Secretariat coordinated actions to address the needs of indigenous children with disabilities. The State party was mapping persons with disabilities, to inform public policies to support this group and promote deinstitutionalisation. A webpage on the rights of persons with disabilities was being set up.
There had been a progressive decrease in maternal mortality over the past few years. In 2022, there were 93 maternal deaths per 1,000 live births. The COVID-19 pandemic had hampered implementation of the reproductive health plan, which aimed to reduce maternal, foetal, and neonatal mortality rates. Training had been conducted for mothers and medical staff focusing on promoting maternal and child health.
There was no data on the impact of fake news on vaccination rates. State vaccination policies had led to the eradication of polio and yellow fever. A law had been developed that required sufficient budget allocation for vaccination and immunisation services. Awareness raising campaigns were also in place promoting the importance of vaccination. This approach served to mitigate the effects of fake news.
There had been a drop in teenage pregnancies between 2022 and 2023, from over 12,000 cases to below 9,000 cases. Medical staff and citizens were trained on preventing violence against children and protecting victims as part of the national programme on gender-based violence. A comprehensive care manual for children defined standards for protecting children from sexual abuse and provided information on mechanisms for presenting complaints.
One of the main causes of adolescent deaths was road accidents. Government agencies worked together to develop campaigns on road safety. A large percentage of victims of road accidents were adolescents. The State party was working to address this issue.
There was a comprehensive care model in place for treating adolescents with drug addictions. Family healthcare units had regulations on providing healthcare for adolescents. The State party had developed a campaign and national plan on tackling drug addiction. It was working with families and communities to promote rehabilitation and reinsertion for former drug addicts. A rehabilitation facility for adolescents had been set up. There were also policies in place aiming to tackle drug trafficking. Seized assets from organised crime were sold, and profits were used to strengthen implementation of policies to tackle drug trafficking.
The period of compulsory education had been extended over the reporting period, leading to significant increases in enrolment in secondary education. State policies had also supported a significant increase in preschool education. There was a programme providing catch-up education for children who spent time away from school. The education budget had recently been increased, bolstered by contributions from various State bodies and universities. 12.6 per cent of the State budget and 3.6 per cent of gross domestic product was devoted to education. The Ministry of Science and Education had developed innovative educational materials for indigenous groups. There were over 600 indigenous educational institutions in the State. There were 2,460 teachers in indigenous schools, over 1,000 of whom were indigenous themselves.
Legislation had been drafted that promoted access to water in the least populated El Chaco region, where there was a high population of indigenous peoples. The State party was providing support to indigenous communities affected by environmental disasters.
Migrant children remained with their parents. Measures were in place to support refugees’ access to State services, including health care and education. Mechanisms were in place to grant land to indigenous communities. Donations and transfers of land from public and private institutions to indigenous peoples were continuing. There were social programmes in place to reduce poverty. The State party was increasing resources for patrol units working to support children on the streets.
The State party was working to criminalise criadazgo and was pursuing awareness raising campaigns to uproot this cultural practice. Around 3,000 labour inspections had been carried out in recent years, uncovering 53 infractions. A hotline had been set up that provided legal assistance for adolescents whose labour rights had been abused. There had been 73 criminal cases assessed by courts involving child labour.
Concluding Statements
LUIS ERNESTO PEDERNERA REYNA, Committee Expert and Coordinator of the Country Taskforce for Paraguay, thanked the delegation for participating in the dialogue. The Committee and the State party both wanted the best for Paraguayan children. The State had developed several laudable initiatives for children and there had been progress in some areas, but there had also been retogressions. The Committee welcomed the delegation’s commitment to moving forward to promote children’s rights. The Committee would work diligently to ensure that its concluding observations would be beneficial to Paraguayan children. He called on the State party to distribute these widely.
MARCELO SCAPPINI, Permanent Representative of Paraguay to the United Nations Office at Geneva, said this had been a frank dialogue. The State party was aware of the challenges it faced and had taken careful note of the Committee’s recommendations and comments. It would take these recommendations seriously and work to disseminate them widely.
WALTER GUTIERREZ, Minister of Children and Adolescents and head of the delegation, said the delegation had illustrated its determination to craft better societies for children in Paraguay. The State party was keen to work to implement the Committee’s recommendations. The State party and the Committee shared the goal of building a better future for the children of Paraguay. Paraguay had developed a law that domesticated the Convention, demonstrating the State’s commitment to the implementation of the Convention.
ANN MARIE SKELTON, Committee Chair, wished the State party all the best in its work to improve the lives of children in Paraguay.
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CRC24.017E