COMMITTEE ON RIGHTS OF THE CHILD CONCLUDES FIFTY-SEVENTH SESSION

The Committee on the Rights of the Child on 17 June concluded its three-week fifty-seventh session, adopting its report and issuing its concluding observations and recommendations on 9 reports, from 7 countries.

Regarding the combined third and fourth periodic report of the Czech Republic, the Committee welcomed the adoption of legislative institutional and policy measures, including the new Criminal Code which raised the standard of criminal law protection for children against abuse, exploitation and neglect, but the Committee was deeply concerned that there continued to be serious and widespread issues of discrimination, particularly against the Roma children minority, including the systemic and unlawful segregation of children of Roma origin from mainstream education. The Committee recommended that the State party effectively eliminate any and all forms of segregating children of Roma origin, especially the discriminatory practices against them in the education system and the provision of essential services and housing.

Concerning the report of Bahrain, The Committee noted with appreciation the ratification or accession to: the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (21 September 2004); and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (21 September 2004). The Committee was deeply concerned at the inequality in the legal minimum age of marriage for boys (18 years) and girls (15 years), and that girls could marry even before the age of 15 years with the agreement of the judge. The Committee urged the State party to ensure the full compliance of all national provisions on the definition of the child with article 1 of the Convention, in particular, the definition of the minimum age of marriage.

After a review of the second periodic report of Cambodia, the Committee noted with appreciation the adoption of the Law on Promotion and Protection of the Rights of Persons with Disabilities and the Law on Suppression of Human Trafficking and Sexual Exploitation. However, the Committee was concerned about allegations that children and adolescents addicted to drugs, children with mental disabilities and children in street situations were subjected to torture and ill-treatment, including widespread beatings, whippings and administration of electric shock in drug rehabilitation and youth centres where some of them had been forcibly placed. The Committee urged the State party to ensure that children in any form of arbitrary detention were released without delay, to conduct prompt investigations into allegations of ill treatment and torture of children and to set up an independent child-sensitive mechanism to receive complaints against law enforcement officers.

Regarding the combined third and fourth periodic reports of Egypt, the Committee noted as positive the adoption of the Child Law and welcomed the establishment of the Egyptian National Child Rights Observatory within the National Council for Childhood and Motherhood. Among concerns, the Committee noted the lack of systematic and institutionalized coordination on the implementation of the Convention among ministries and between central, provincial and local levels and the limited capacity and leverage of the National Council for Childhood and Motherhood to effectively enforce coordination. The Committee urged Egypt to ensure the National Council for Childhood and Motherhood received sufficient human, technical and financial resources. The Committee recommended the State party improve the quality of interventions in primary health care, including increased immunization coverage, nutrition interventions and a prioritization on rural areas.

Having considered the second periodic report of Cuba, the Committee welcomed a number of positive developments, including the adoption of Instruction 187/07 which incorporated the views of children over 7 years old in court proceedings on parental authority involving them. The Committee remained concerned that the age of majority was 16 years, in particular with respect to the minimum age of marriage, the age of criminal responsibility, the protection against corruption of minors and the protection against night work. The Committee recommended that Cuba revise and amend the Family Code, the Penal Code and the Labour Code by increasing the age of majority to 18 years in conformity with the Convention and to consider withdrawing its declaration to Article 1

Regarding the fourth periodic report of Finland, the Committee commended a number of positive developments in the reporting period, including the adoption of legislative measures taken with a view to implementing the Convention, such as: the Child Welfare Act (2007/417) in 2008 and amendments thereto in 2010; and the Act on Measures for Preventing the Distribution of Child Pornography (1068/2006), in 2007. The Committee remained concerned at the prevalence of discrimination against children with disabilities, immigrant and refugee children and children from ethnic minorities such as Roma children. The Committee urged the State party to strengthen efforts to combat all forms of discrimination, including discrimination against children with disabilities, immigrant and refugee children as well as children from ethnic minorities. It further recommended that the State party place high priority in the public agenda on preventing and eradicating discrimination, inter alia, through the media and education system.

Having considered the fourth periodic report of Costa Rica, the Committee welcomed as positive steps the adoption of the following legislative measures: the legislative reform of Article 78 of the Political Constitution, increasing the percentage of the GDP to be allocated to education to 8 percent, in 2010; and Act No. 8922 on the Prohibition of dangerous and unhealthy work for adolescent workers and Act No. 8842 amending the Children and Adolescents Code to protect the rights of adolescent domestic workers, both in 2010. While noting the adoption by the State party in 2007 of Act No. 8571 amending the Family Code and the Civil Code, that prohibited marriage under 15 years of age, the Committee was concerned that children aged 15 to 18 may get married with their parents’ consent. It also noted with concern that the very low minimum age of sexual consent of 13 years increased children’s risk of sexual abuse and early pregnancy. The Committee recommended that the State party raise the minimum age of marriage to 18 and review the age of sexual consent, with a view to ensuring the healthy development of children, and preventing forced marriage, early pregnancies and sexual abuse.

In closing remarks, Jean Zermatten, the Committee Chairperson, summed up the activities of the Committee, noting that during its fifty-seventh session Committee members had considered seven periodic reports under the Convention – from Bahrain, Cambodia, Costa Rica, Cuba, the Czech Republic, Egypt and Finland – and two initial reports under the Optional Protocols on the involvement of children in armed conflict and on the sale of children, both from Egypt. Six new Committee Members had also taken the solemn declaration and assumed their duties and new officers were elected.

Agnes Akosua Aidoo, the Committee Rapporteur, gave an update on activities that Committee Members had undertaken during the session.

The Committee's next session will be held from 19 September to 7 October 2011 in Geneva, when it will consider 11 reports: the periodic reports of Greece, Iceland, Italy, Madagascar, Panama, the Republic of Korea, the Seychelles, and Syria under the Convention; the initial report of Sweden under the Optional Protocol on the sale of children, child prostitution and child pornography; and the initial reports of the Democratic Republic of Congo and Greece 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


Czech Republic

Following consideration of the combined third and fourth periodic reports of the Czech Republic, the Committee welcomed the adoption of legislative institutional and policy measures, including the new Criminal Code which raised the standard of criminal law protection for children against abuse, exploitation and neglect; the Act on Family Reunification; the National Action Plan for Inclusive Education; the National Coordination Mechanism for Missing Children; the National Action Plan to Transform and Unify the System for the Care of Vulnerable Children; the National Plan of Action for Implementation of the National Strategy to Prevent Violence against Children; and the Action Plan to Implement the Early-Care Concept. The Committee also welcomed the ratification of or accession to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Convention on the Rights of Persons with Disabilities, and the European Charter for Regional or Minority Languages.

While noting the establishment of an inter-ministerial coordination group for the preparation of a National Plan of Action for the implementation of the Convention, the Committee remained concerned that a comprehensive national plan of implementation had yet to be developed and that the State party’s sector based approach resulted in a fragmented implementation of the Convention. The Committee noted with concern that not all legal and administrative proceedings, including in asylum cases, allowed for the views of the child to be heard directly and independently while on matters such as custody and/or withdrawal from existing environment, the views of the child were not taken into account. The Committee was deeply concerned that there continued to be serious and widespread issues of discrimination, particularly against the Roma children minority, including the systemic and unlawful segregation of children of Roma origin from mainstream education. The Committee also noted with concern that there was a widespread attitude of accepting institutionalised care as a primary alternative to the family environment and that the lack of preventive services and admission criteria for placement into institutional care resulted in large numbers of children, especially those with disabilities and/or Roma origin, being placed in care outside their home.

The Committee recommended that the Czech Republic develop a comprehensive National Plan of Action for the implementation of children’s rights with specific goals, targets, indicators and timetables as well as a monitoring mechanism for assessing implementation progress and identifying possible deficiencies. The Committee also recommended the effective elimination of any and all forms of segregating children of Roma origin, especially the discriminatory practices against them in the education system and the provision of essential services and housing. The Committee further urged the Czech Republic to effectively adopt a comprehensive national action plan on the prevention of racism, racial discrimination, xenophobia and intolerance, taking into full account all the relevant provisions of the Durban Declaration and Plan of Action, with particular emphasis on Article 2 of the Convention. The Committee recommended that the State party formulate a coherent national policy on de-institutionalisation, including the development of a comprehensive assessment of the family situation, preventive services, admission criteria and strategies to reduce the number of children living in care institutions and to ensure that placement of children in institutions was only used as a last resort and regularly monitored and reviewed.

Bahrain

Having examined the combined second and third periodic reports of Bahrain, the Committee was pleased to note with appreciation the adoption of the following legislative measures: Act No. 1 of 2008 on combating the trafficking of persons and the establishment of a national committee to combat trafficking in persons; amendments to the Act No. 40 of 2005 on the facilitation of proceedings before the sharia courts, especially in cases involving child maintenance payments and child custody; Act. No. 18 of 2006, concerning social security and providing the basic necessities for a decent life to the Bahraini citizens and their families; and ahe 2006 royal decree issued by King Hamad granting citizenship to at least 372 children of citizen mothers and non-citizen fathers. The Committee also noted with appreciation the ratification or accession to: the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (21 September 2004); the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (21 September 2004); the International Covenant on Economic, Social and Cultural Rights (27 September 2007); the International Covenant on Civil and Political Rights (20 September 2006); the Convention on the Elimination of all Forms of Discrimination against Women (18 June 2002); the Convention against Transnational Organized Crime (7 June 2004); the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (7 June 2004), and the Protocol against Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (7 June 2004).

The Committee regretted that the budgeting process in the State party did not allow clear identification of the level and the structure of the resources allocated to children, which prevents information on the child expenditure and the evaluation of the impact of such expenditure. The Committee was concerned at the lack of training for the professionals working with and for the children, inter alia, police officers, judges, teachers, health professionals and social workers. The Committee was deeply concerned at the inequality in the legal minimum age of marriage for boys (18 years) and girls (15 years), and that girls could marry even before the age of 15 years with the agreement of the judge. Despite the adoption of a National Strategy for the Advancement of Bahraini Women to promote and protect their rights, the Committee was seriously concerned that de facto discrimination against the girl child, children with disabilities and children living in different areas of the country, was widespread in the State party. The Committee commended the State Party on the success in reducing child and maternal mortality. However, the Committee was deeply concerned that the political unrest had had disturbing influences on the children in the Kingdom of Bahrain resulting in breaches to the basic rights to survival, health and protection of children.

The Committee recommended that the State party initiate a child budgeting exercise that would allow it to make strategic allocations to implement children’s rights, and to monitor its results and impact. The Committee recommended that the State party provide adequate and systematic training and/or sensitization of professionals working with and for children, such as, inter alia, judges, lawyers, law enforcement personnel, teachers, school administrators and health personnel. The Committee urged the State party to ensure the full compliance of all national provisions on the definition of the child with article 1 of the Convention, in particular, the definition of the minimum age of marriage. The Committee recommended that the State party review national law and carry out awareness raising and training programmes with a view to eliminating de jure and de facto discrimination against the girl child, children with disabilities and children living in different areas of the country, especially those living in the poorest areas. The Committee urged the State Party to: sustain current high levels of development while maintaining positive achievements related to child development and survival; sustain the current levels for funding programs related to child education, health, and protection; and protect children from the effects of political unrest in the streets and ensure that security forces and health personnel dealing with children respect and enforce the Convention.

Cambodia

After a review of the second periodic report of Cambodia, the Committee noted with appreciation the adoption of the Law on Inter-Country Adoption; the Law on Promotion and Protection of the Rights of Persons with Disabilities; the Law on Suppression of Human Trafficking and Sexual Exploitation; the Law on Education; the Law on the Prevention of Domestic Violence and Protection of the Victims; the Social Security Law; and the Social Protection Strategy. The Committee also welcomed the following institutional and policy measures: the National Committee to Lead the Suppression of Human Trafficking, Smuggling, Labour Exploitation and Sexual Exploitation created in 2009; the Education Strategic Plan (2009-2013); the National Plan of Action for Orphans, Children affected by HIV and other Vulnerable Children (2008-2010); the 2008 Policy on Education for Children with Disabilities; and the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008-2012).

The Committee voiced concern that the Cambodian National Council for Children lacked the necessary human, technical and financial resources to fulfil its coordinating role in relation to the implementation of the Convention. The Committee also noted that although the National Strategic Development Plan (2009-2013) contained key priorities for children and despite the significant economic growth that had occurred in Cambodia, the budget devoted to social sectors had only increased half as much since 2007 and the budget dedicated to education was only 1.9 percent of Gross Domestic Product. The Committee further noted with serious concern that in spite of the adoption of the Anti-Corruption Law in March 2010, corruption remained pervasive. The Committee was concerned about allegations that children and adolescents addicted to drugs, children with mental disabilities and children in street situations were subjected to torture and ill-treatment, including widespread beatings, whippings and administration of electric shock in drug rehabilitation and youth centres where some of them had been forcibly placed. While welcoming the adoption of the 2006 Policy on Alternative Care for Children and the 2008 Minimum Standards on Alternative Care for Children, the Committee noted that the regulations (Prakas) to implement these policies had yet to be adopted and that there had been a 65 percent increase in the number of children placed in orphanages between 2005 and 2008. The Committee noted with deep concern that thousands of children were exploited into prostitution, that both the rape of children and child sex tourism was on the rise. While welcoming the limits imposed by the new Criminal Procedure Code and the Penal Code on the detention of children in police custody and during pre-trial, the Committee was concerned that there were no children’s courts or specialized judges or prosecutors in children’s rights, and that children were often sentenced as adults and generally held in adult prisons.

The Committee urged Cambodia to provide the National Council for Children with more substantial human, technical and financial resources and to define strategic budgetary lines for children in disadvantaged or vulnerable situations in addition to increasing the budget allocated to the social sector. The Committee recommended that basic education should be made compulsory and the State Party should make greater efforts to address drop-out and repetition rates, paying special attention to regions with high minority populations. The Committee recommended that Cambodia take immediate measures to combat corruption and strengthen institutional capacities to effectively detect, investigate and prosecute corruption. The Committee urged the State party to ensure that children in any form of arbitrary detention were released without delay, to conduct prompt investigations into allegations of ill treatment and torture of children and to set up an independent child-sensitive mechanism to receive complaints against law enforcement officers. The Committee called upon Cambodia to promptly adopt the Policy on Alternative Care for Children related Prakas and to undertake effective measures to promote, through counselling and community-based programmes, the family as the best environment for the child and empower parents to take care of their children in order to avoid placement in child welfare centres. The Committee urged Cambodia to strengthen its efforts to implement legislation criminalizing sexual exploitation and abuse with a view to ensuring that those who perpetrate sexual offences against children would be duly brought to justice and sanctioned with appropriate penalties. The Committee recommended that the State party bring the system of juvenile justice fully in line with the Convention by establishing specialized juvenile courts throughout the country.

Egypt

Regarding the combined third and fourth periodic reports of Egypt, the Committee noted as positive the adoption of the Child Law and welcomed the establishment of the Egyptian National Child Rights Observatory within the National Council for Childhood and Motherhood. The Committee also welcomed the establishment of Child Protection Committees at governorate and district levels; the establishment of a National Committee to Combat Violence against Children; the Children at Risk Programme; the National Illiteracy Eradication Project and the adoption of various national plans, programmes and strategies for children. The Committee welcomed the statement by the delegation that Egypt intended to further strengthen cooperation with United Nations human rights mechanisms, including special procedures. The Committee noted the socio-political challenges facing the State party in the aftermath of the 25 January 2011 Revolution and the current interim rule by the Supreme Council of the Armed Forces under which, pending parliamentary and presidential elections, the Parliament was dissolved and a temporary Constitutional Declaration replaced the suspended Constitution.

Among concerns, the Committee noted the lack of systematic and institutionalized coordination on the implementation of the Convention among ministries and between central, provincial and local levels and the limited capacity and leverage of the National Council for Childhood and Motherhood to effectively enforce coordination. While noting the decline in infant, under-five and maternal mortality rates, the Committee was concerned that child mortality remained high in rural areas, that there was a wide disparity in the provision of health care in rural (Upper Egypt) and urban (Lower Egypt) areas while malnutrition among children under the age of five was increasing. The Committee noted the efforts of Egypt to curb and prevent child marriage but remained concerned at the high number of early marriages of girls and the “tourist”/“temporary” marriages of young Egyptian girls to foreign men. While the Committee welcomed initiatives by Egypt to improve the enjoyment of all children of their right to education, it remained concerned at the persistent low level of enrolment in primary schools, the high school drop-out rates in secondary schools, and the high levels of illiteracy (29 per cent) affecting in particular women in rural areas (69 per cent). The Committee was further concerned at the shortcomings in outlawing child labour in the Child Law (2008) which permitted seasonal employment of children from 12 to 14 years of age and the lack of available data on children economically exploited, including in domestic work.

The Committee urged Egypt to ensure the National Council for Childhood and Motherhood received sufficient human, technical and financial resources. The Committee recommended the State party to improve the quality of interventions in primary health care, including increased immunization coverage, nutrition interventions and a prioritization on rural areas. The Committee recommended that Egypt prohibit by law any marriage between persons below the age of 18 and prepare and adopt an action plan to combat child marriages. The Committee further urged the State party to increase measures to guarantee to all children without discrimination access to free and compulsory quality education and to significantly increase its budgetary allocation to and public spending on primary and secondary education. Egypt should continue to expand the Girls’ Education Initiative, “societal schools”, “small schools” and other flexible modalities of education. The Committee recommended the State party strengthen monitoring mechanisms to guarantee effective enforcement of labour law and penal law regarding the economic exploitation of children and to amend the Labour Code of 2003 to bring it in full conformity with ILO Conventions 182 and the Convention. The Committee recommended that the State party issue a standing invitation to all special procedures mandate holders and called upon Egypt to seize this critical transitional period towards democratic governance, solicited by the youth, as an opportunity to strengthen its legal and institutional system for the protection and promotion of human rights, including the rights of the child.

Cuba

Having considered the second periodic report of Cuba, the Committee welcomed a number of positive developments, including the adoption of Instruction 187/07 which incorporated the views of children over 7 years old in court proceedings on parental authority involving them. The Committee also welcomed the adoption of the Working Women’s Maternity Act, which contained guaranteed and facilitated medical care during pregnancy, pre-natal and post-natal rest, breastfeeding, along with care for children and specialized treatment of children with disabilities. The Committee welcomed the ratification or accession of the Optional Protocol on the sale of children, child prostitution and child pornography; the Optional Protocol on the involvement of children in armed conflict; the Convention on the Rights of Persons with Disabilities; the Convention for the Protection of All Persons from Enforced Disappearance; and the Hague Convention No. 33 on Protection of Children and Cooperation in Respect of Inter Country Adoption. The Committee noted that the effects of the embargo were reflected in the difficult economic and social situation prevailing in Cuba, which had repercussions on children’s enjoyment of their rights, in particular in the socioeconomic field, impeding the full implementation of the Convention.

The Committee remained concerned that the age of majority was 16 years, in particular with respect to the minimum age of marriage, the age of criminal responsibility, the protection against corruption of minors and the protection against night work. The Committee was concerned about the lack of detailed information on issues such as numbers of children living in institutions and whether foster care opportunities were offered as an alternative and preferred type of placement for children without parental care over institutional care. While noting the provisions sanctioning the use of children in prostitution and pornography in the Cuba’s Penal Code, the Committee was concerned that children above 16 years who engaged in prostitution could be placed in “re-education centres”. The Committee also noted that children under the age of 15 years could be placed, even for petty offences, in institutional facilities without the guarantees connected to a standard criminal proceeding while children over the age of 16 years who had been sentenced were held in juvenile detention centres together with adults up to 27 years old. The Committee noted that Cuba’s juvenile justice system was not in compliance with the provisions of the Convention regarding children in conflict with the law and said there was a lack of specialization among judges and other professionals working with children in conflict with the law on juvenile justice.

The Committee recommended that Cuba revise and amend the Family Code, the Penal Code and the Labour Code by increasing the age of majority to 18 years in conformity with the Convention and to consider withdrawing its declaration to Article 1. The Committee encouraged the State party to adopt a well defined national policy on the alternative care system as well as measures to prevent separation of children from their families and to develop foster care opportunities as opposed to institutional care. The Committee recommended that Cuba review its Penal Code with the view to extending the protection of children from child prostitution, child pornography and the sale of children up to the age of 18 years, and encouraged Cuba to refrain from placing in re-education centres children engaged in prostitution and instead provide them with adequate recovery, reintegration and rehabilitation services. The Committee also recommended that the State party ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The Committee urged the State party to undertake legislative amendments in the Penal Law ensuring that children between 16 and 18 years were treated as juvenile offenders and not as adults. The Committee further recommended that the court system be restructured with the establishment of specialized courts for children in conflict with the law and that judges and other persons working with children in the justice system receive appropriate training on the administration of juvenile justice.

Finland

Regarding the fourth periodic report of Finland, the Committee commended a number of positive developments in the reporting period, including the adoption of legislative measures taken with a view to implementing the Convention, such as: the Child Welfare Act (2007/417) in 2008 and amendments thereto in 2010; the Act on Measures for Preventing the Distribution of Child Pornography (1068/2006), in 2007; the Youth Act (2006/72) in 2006 and amendments thereto in 2011; the Act to bring into force the Council of Europe Convention on the Protection of children against Sexual Exploitation and Sexual Abuse, in 2011; the Health Care Act (1326/2010), in 2010; the amendments to the Basic Education Act, in 2010; and the Decree on maternity and child health services, schools and student health care and preventive oral health care for children and young people (380/2009) in 2009 and amendments thereto (338/2011), in 2011. The Committee also welcomed the ratification of or accession to international treaties, including: The Hague Convention No. 34 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, in 2010; the 1961 Convention on the Reduction of Statelessness, in 2008; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in 2006; and the Council of Europe Convention on Cybercrime, in 2007.

The Committee welcomed the Development Programme for Child and Youth Policy and the Policy Programme for the Well-being of Children, Youth and Families. However, it regretted that the State party had yet to adopt a comprehensive rights-based policy and a harmonized plan for the full and effective implementation of the Convention. The Committee noted that municipalities enjoyed extensive autonomy in providing and financing public services, and was concerned that this might lead to insufficient allocation of resources to services for children and adolescents by some municipalities resulting in regional and local disparities in resource allocation to children. The Committee noted the State party’s efforts to reform the Non-discrimination Act, namely to expand the scope of its application, and its plans to establish the Office of the Ombudsman on equal treatment. However, the Committee remained concerned at the prevalence of discrimination against children with disabilities, immigrant and refugee children and children from ethnic minorities such as Roma children. It was also concerned at the social exclusion and structural discrimination of the Roma population, which led to increase in substance abuse, mental health problems and a poor standard of living for Roma children. The Committee was concerned at the high rate of depression and the number of suicides, including two school shootings in recent years, and at the insufficient mental health services for children.

The Committee recommended that the State party develop a comprehensive policy and plan of action for the full implementation of the Convention. The Committee recommended that the State party: provide municipalities with sufficient resources allocated specifically for ensuring the implementation of rights of children taking into account resource available for each municipality; establish an effective monitoring of budget allocations for the needs of children in each municipality separately, ensuring appropriate levels of allocation; and introduce child budgeting (budget tracking from a child right’s perspective) with a view to monitoring budget allocations for children. The Committee urged the State party to strengthen efforts to combat all forms of discrimination, including discrimination against children with disabilities, immigrant and refugee children as well as children from ethnic minorities. It further recommended that the State party place high priority in the public agenda on preventing and eradicating discrimination, inter alia, through the media and education system. In particular, the State party should, in line with the National Policy on Roma, enhance the measures undertaken to combat ethnic discrimination and social exclusion of the Roma, and ensure an adequate standard of living for all Roma children. The Committee recommended that the State party: strengthen mental health services for children and guarantee access to examinations and treatment needed, as well as intensify suicide prevention measures.

Costa Rica

Having considered the fourth periodic report of Costa Rica, the Committee welcomed as positive steps the adoption of the following legislative measures: the legislative reform of Article 78 of the Political Constitution, increasing the percentage of the GDP to be allocated to education to 8 percent, in 2010; Act No. 8922 on the Prohibition of dangerous and unhealthy work for adolescent workers and Act No. 8842 amending the Children and Adolescents Code to protect the rights of adolescent domestic workers, both in 2010; Act No. 8654 on the Rights of children and adolescents to be disciplined without physical punishment or degrading treatment, in 2008; Act No. 8590 on Strengthening of measures to combat sexual exploitation of minors, in 2007; and Act No. 8649 on the Application of Juvenile Criminal Penalties which reaffirms the rule of law, legality of enforcement, deprivation of liberty as an exceptional measure, proportionality and the best interests of the child, in 2005. The Committee also noted with appreciation the ratification of or accession to: the International Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, in October 2008; and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in December 2005.

The Committee noted the efforts made by the State party towards strengthening the legal and normative framework related to the implementation of the Convention. However, it regretted the slow implementation of existing legislation due to lack of regulatory by-laws, mechanisms and policies. While welcoming the constitutional increase of financial resources for education, the Executive Decree to coordinate all resources allocated to the social sectors under the Joint Institute on Social Aid, and the fact that the National Child Welfare Agency was exempted from recent budget cuts affecting all public institutions, the Committee remained concerned that the continued lack of an adequate and stable budget for all public institutions dealing with the comprehensive promotion and protection of child rights, both at the national and local levels, may undermine their effectiveness. The Committee remained concerned about the low level of awareness of the Convention among children and adolescents. While noting the adoption by the State party in 2007 of Act No. 8571 amending the Family Code and the Civil Code, that prohibited marriage under 15 years of age, the Committee was concerned that children aged 15 to 18 may get married with their parents’ consent. It also noted with concern that the very low minimum age of sexual consent of 13 years increased children’s risk of sexual abuse and early pregnancy. The Committee remained concerned about continued discriminatory attitudes and prejudices against indigenous children, children of African descent, Nicaraguan and other migrant children. The Committee also remained concerned about growing disparities affecting indigenous children with regard to access to health care (child mortality being twice as high as the national average) and to education (illiteracy being six times higher than the national average), especially in rural and coastal areas.

The Committee recommended that the State party continue to take the necessary measures to fully harmonize its legislation and public policies with the Convention and other international human rights standards for the protection and promotion of child rights, in particular regarding children affected by migration. The Committee recommended that the State party ensure a stable and sufficient budget for the National Policy on Children and Adolescents, its Action Plan and the coordination system chaired by the National Child Welfare Agency enabling them to meet their goals and targets. The Committee recommended that the State party, in close cooperation with civil society and public and private media, design and implement programmes specifically targeting children and adolescents, including children with disabilities, Afro-descendant children, and indigenous and migrant children, to disseminate knowledge about their rights under the Convention and relevant national legislation. It also recommended that the State party increase its efforts to raise awareness among the general public about the rights provided for in the Convention. The Committee recommended that the State party raise the minimum age of marriage to 18 and review the age of sexual consent, with a view to ensuring the healthy development of children, preventing forced marriage, early pregnancies and sexual abuse. The Committee recommended that the State party: strengthen its efforts to eliminate societal discrimination and prejudice against indigenous, Afro-descendant, migrant children and children with disabilities through legislative measures, awareness raising programmes, the media and the educational system, as well as in-service training for public officials; adopt a comprehensive action plan for indigenous children, including targeted programmes and investment in services and infrastructure in indigenous territories and rural and deprived urban areas in order to improve the socio-economic situation of indigenous and other minority children, taking into account the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention; and inform children who are affected by societal discrimination and prejudice about their rights under the Convention.


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

Egypt

Following a review of the initial report of Egypt under the Optional Protocol on the involvement of children in armed conflict, the Committee noted with appreciation the declaration made at the time of ratification that the minimum age for conscription into Egypt’s armed forces was 18 years and the adoption of the Child Law, which obliged the State Party to ensure “the protection of the life of the child, his safe and secure upbringing away from armed conflicts, and that he shall not engage in any acts of war.” The Committee noted the significant contribution of Egypt to United Nations peacekeeping operations including Egypt’s participation in all United Nations peacekeeping operations currently deployed in Africa in addition to its active role in policy coordination, training and capacity-building relating to peacekeeping and conflict resolution for countries in the Arab region.

While the Committee welcomed the State party’s ratification of the African Charter on the Rights and Welfare of the Child, it was concerned at the lack of clarity on whether persons under the age of 18 were expressly prevented and prohibited from taking direct part in hostilities. The Committee noted the high number of military schools in the State party (30) which permitted children aged between 11 and 15 years to enrol in certain military schools, despite the minimum age of admission of 15 years. The Committee was concerned at the lack of data on the number and age of children enrolled in military schools and expressed concern that a clear prohibition on the use of firearms in military schools may not be in place. While noting Egypt’s programme for protection and integration of refugee children, the Committee was seriously concerned at the absence of official statistics and data on asylum-seeking and refugee children in the country and at the lack of procedures to identify victims of crimes under the Optional Protocol. The Committee was further concerned at reports of the forced return of refugees, asylum-seekers and migrants among whom were potential victims of crimes under the Optional Protocol. While welcoming the announcement by the Supreme Council of the Armed Forces that it intended to lift the state of emergency, in force since 1981, before Parliamentary elections scheduled for 2011, the Committee was, however, concerned that persons under the age of 18 years could be arrested and detained under Emergency Law solely on the basis of suspicion of association with armed groups and transferred to military courts. The Committee also noted with concern that article 122 of the Child Law gave the Supreme State Security Court, in exceptional cases, jurisdiction of children above the age of 15 years.

The Committee encouraged Egypt to review its domestic legislation and military procedures to ensure that members of the armed forces under the age of 18 years would not take direct part in hostilities in accordance with Article 1 of the Optional Protocol. Concerning military schools, the Committee recommended that the State party restrict by law enrolment to children above 15 years or older, in line with the minimum age of enrolment; establish a comprehensive registration system of all pupils enrolled in military schools; and ensure there was a clear prohibition of training on the use of firearms in military schools. The Committee recommended that Egypt establish a national system of data collection and registration concerning all asylum-seeking and refugee children under its jurisdiction and provide children who were involved in armed conflict with appropriate assistance for their physical and psychological recovery and social reintegration. The Committee urged the immediate end to any forcible returns of children to their countries of origin that may have been, or were at risk to become victims of crimes under the Optional Protocol. The Committee called upon Egypt to lift the state of emergency and to review Emergency Law No. 162 and the Child Law with a view to prohibiting criminal proceedings against children before military courts. In the meantime, the Committee urged the State party not to prosecute any person below the age of 18 years solely for association with armed groups and to ensure that no child was held in military detention under the Emergency Law.

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

Egypt

Regarding the initial report of Egpyt on implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, the Committee welcomed various positive measures, in particular, the supplement to Article 291 of the Penal Code providing for stringent penalties for the sale of children, forced labour of children and the transfer from a child of his or her organs or part thereof; the adoption of Law on Combating Trafficking in Persons; and the adoption of the Organ Harvesting and Transplant Act. The Committee noted with appreciation the progress achieved in the creation of institutions and the adoption of national plans and programmes that facilitated the implementation of the Optional Protocol, including the establishment of the National Coordinating Committee for Combating and Preventing Trafficking in Persons; the establishment of the Child Trafficking Unit in the National Council for Childhood and Motherhood and the adoption of the National Plan of Action against Human Trafficking (2011-2013). The Committee further welcomed the State party’s cooperation with the United Nations Special Rapporteur on Trafficking in Persons, especially concerning women and children, who undertook a mission to Egypt from 11 to 21 April 2010. The Committee also commended Egypt for its leadership role in efforts to prevent and eliminate offences under the Optional Protocol in the Middle East and North Africa region.

The Committee expressed concern at the lack of adequate information on preventive measures to assist children engaged in forced labour and in street situations and reports that child domestic workers, who may be victims of sale, were subjected to inhumane treatment. The Committee further noted deep concern at reports of the sale and transfer of organs among children in street situations and of the abduction of children for organ transplantation. The Committee noted the weak monitoring mechanisms available in the State party, in particular the insufficient use of the Child Protection Committees and of the labour inspection system in the Ministry of Manpower and Migration. The Committee was concerned at the lack of adequate legislative and administrative procedures and social policies to prevent child sex tourism and to protect children from becoming victims. The Committee regretted that the national Charter of Honour for Tourism, comprising standards and guidelines on preventing offences under the Optional Protocol, was not widely disseminated. While the Committee welcomed Article 98 of the Child Law which stipulated that any person knowing a child was at risk must provide immediate assistance to the child and the pilot trafficking victim support unit within the National Bank Hospital, the Committee was seriously concerned at the close to total absence of state-run shelters for child victims and that identified child victims had no access to appropriate care, assistance or remedies. The Committee was further concerned at the lack of information on compensation for victims of offences under the Protocol.

The Committee recommended that Egypt undertake comprehensive and multidisciplinary research among different socioeconomic and cultural groups on the nature and extent of the sale of children, child prostitution and child pornography and, on the basis of the findings, adopt a comprehensive and targeted approach to prevent and address these offences under the Optional Protocol. The State party should also consider increasing the number and power of labour inspection units to inspect private homes when there was sufficient reason to believe that children were engaged in forced domestic labour. The Committee further recommended that Egypt amend the Labour Code and Child Law to specifically prohibit exploitative child domestic work, as recommended by the Special Rapporteur on Trafficking in Persons, especially concerning women and children. The Committee urged the State party to establish and implement an effective regulatory framework and take all necessary legislative, administrative, social and other measures to prevent and eliminate child sex tourism. The Committee recommended Egypt expand the mandate of the National Council for Childhood and Motherhood’s Child Trafficking Unit to cover all offences under the Protocol and to take all necessary measures to ensure that child victims of the offences under the Optional Protocol were provided with appropriate assistance for their full social reintegration and physical and psychological recovery as well as access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. The Committee further recommended Egypt establish a fund to compensate victims in cases where they could not obtain compensation from the perpetrator.


For use of the information media; not an official record

CRC11/022E