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COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTIETH SESSION
30 September 2005
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Committee on the
Rights of the Child
30 September 2005
ROUND-UP
Adopts Conclusions on Reports from Australia, Algeria, Uganda, China, Finland,
Denmark and the Russian Federation
The Committee on the Rights of the Child concluded today its fortieth session and issued its conclusions and recommendations on the situation of children in Australia, Algeria, Uganda, China, Finland, Denmark and the Russian Federation, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The Committee also adopted a General Comment on implementing children’s rights in early childhood.
The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee.
Concerning the combined second and third reports of Australia, the Committee noted with appreciation, among other things, the National Plan of Action against the Sexual Exploitation of Children of 2000. The Committee noted that despite the increase in budget allocations in many areas of childcare and well-being, indigenous children and other vulnerable groups continued to be in need of a considerable improvement of their standard of living, health and education. The Committee recommended that the State party regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat discriminatory disparities.
Concerning the second periodic report of Algeria, the Committee welcomed the adoption of laws aimed at protecting and promoting the rights of the child, and took note with appreciation of the establishment of new institutions aimed at protecting and promoting the rights of the child. The Committee expressed its concern at the lack of a comprehensive national strategy or plan of action for the implementation of the Convention, and was concerned that implementation of the Convention at the local and regional levels remained insufficient. The Committee recommended that the State party strengthen coordination among the various governmental bodies and mechanisms involved in the implementation of the child rights, at both the national and local levels, with a view to developing and adopting a comprehensive national plan of action for the implementation of the Convention.
Subsequent to the review of the second periodic report of Uganda, the Committee commended its self-critical and analytical nature, which gave a clear understanding of the situation of children in the State party. The Committee was concerned that discrimination against certain groups of children still existed in practice, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected and/or infected by HIV/AIDS, former child soldiers and Batwa children. The Committee urged that the State prioritise and increase budgetary allocations for children both at national and local level, ensure at all levels the implementation of the right of the child and in particular pay attention to the protection of the rights of children belonging to vulnerable groups, including children with disabilities, children affected or/and infected by HIV/AIDS, children living in poverty and those in remote areas.
After reviewing the second periodic report of China and the Special Administrative Regions of Macau and Hong Kong, the Committee noted with appreciation the impressive achievements made in reducing poverty, which enabled it to attain some of the key Millennium Development Goals ahead of schedule. While welcoming the significant progress made with respect to legislative reform in mainland China, the Committee was concerned that not all laws applicable to children fully conformed to the Convention. The Committee recommended that on the mainland, the State party continued to review legislation to ensure full conformity with the principles and provisions of the Convention. The Committee also welcomed the submission of the initial report of China and the Special Administrative Region of Macau on the Optional Protocol on the sale of children, child prostitution and child pornography.
On the third periodic report of Finland, the Committee noted with appreciation the establishment of the post of Ombudsman for Children as of September 2005 and the adoption of the National Plan of Action “Finland Fit for Children” in 2005. The Committee recommended that the State party ensure a clear orientation of the National Plan of Action towards the rights of the child as enshrined in the Convention. The Committee welcomed the submission of the State party’s initial report on the implementation of the Optional Protocol on the involvement of children in armed conflict.
After considering the third periodic report of Denmark, the Committee welcomed the information provided by the delegation that the State party would undertake legal reforms which should make it possible to restrict the scope of the reservation to article 40. The Committee reiterated its previous concern regarding de facto discrimination against and xenophobia and racist attitudes to children of ethnic minorities, refugee and asylum-seeking children and children belonging to migrant families. In light of article 2 of the Convention, the Committee recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children. The Committee also welcomed the submission of the State Party’s report on the Optional Protocol on the involvement of children in armed conflict.
In its concluding observations on the third periodic report of the Russian Federation, the Committee welcomed legislative developments, including amendments made to the Criminal Procedure Code in July 2002 which contained a revised, more human approach towards the trial procedure of a child offender. The Committee was concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities, and that children belonging to minorities, in particular Roma children, were more likely to be deprived of their full enjoyment of their rights, in particular with regard to health and education services. The Committee recommended the State party take all necessary measures to prevent and combat all forms of discrimination while paying special attention to the most vulnerable groups such as children belonging to religious and ethnic minorities, Roma children and children of parents without a residence permit.
The Committee adopted its General Comment number 7 on implementing children’s rights in early childhood, in which it aimed to strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children. It encouraged recognition of young children as social actors from the beginning of life, with particular interests, capacities and vulnerabilities, and requirements for protection, guidance and support in the exercise of their rights, drawing attention to diversities within early childhood that needed to be taken into account when implementing the UN Convention, including diversities in young children’s circumstances, in the quality of their experiences and in the influences shaping their development.
The Committee also adopted a decision that its next Day of General Discussion would focus on article 12 of the Convention, the rights of the child to express his or her views and to be listened to and have those views taken into account in the light of the age and maturity of the child. This right was also associated with the participation of the child in all kinds of decision-making processes. The discussion, which would be held at the Committee's next session, was to be part of the lead-up to the adoption of a General Comment on this topic by the Committee.
The Committee's next session will be held in from 9 to 27 January 2006 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Ghana, Liechtenstein, Peru, Trinidad and Tobago, Hungary, Thailand, Azerbaijan, Mauritius, Saudi Arabia, and Lithuania. For the first time, the Committee will be meeting in parallel chambers. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee will consider the reports of Kazakhstan, Morocco, Andorra and Italy. Under the Optional Protocol on the involvement of children in armed conflict, the Committee will consider the reports of Switzerland, Bangladesh, Andorra and Italy.
Final Observations and Recommendations on Reports Presented
AUSTRALIA
The Committee welcomed the submission of Australia’s combined second and third periodic reports, as well as the timely responses to the list of issues, which allowed the Committee to have a better understanding of the situation of children in the State party. The Committee noted with appreciation, among other things, the National Plan of Action against the Sexual Exploitation of Children of 2000; and the launching of a new National Framework for the protection of human rights in Australia on 23 December 2004. The Committee also wished to welcome, among other things, the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption, on 25 August 1998, and the Rome Statute of the International Criminal Court, on 1 July 2002.
The Committee remained concerned that, while the Convention may be considered and taken into account in order to assist courts to resolve uncertainties or ambiguities in the law, it could not be used by the judiciary to override inconsistent provisions of domestic law. The Committee noted that despite the increase in budget allocations in many areas of child care and well-being, indigenous children and other vulnerable groups continued to be in need of a considerable improvement of their standard of living, health and education. While the Committee noted the initiatives taken against racial, ethnic and religious discrimination, it was particularly concerned at the discriminatory disparities existing with regards to Aboriginal and Torres Strait Islander children, especially in terms of provisions of and accessibility to basic services. The Committee noted the efforts of the State party to give full implementation to article 12 of the Convention, but was concerned that the views of the child were not always sufficiently taken into account in judicial and administrative proceedings affecting the child. The Committee was further concerned at the exposure of children to high level of domestic violence.
The Committee recommended that the State party strengthen its efforts to conform its domestic laws and practice to the principles and provisions of the Convention, and to ensure that effective remedies would be always available in case of violation of the rights of the child. The Committee recommended that the State party continue its efforts to disseminate the principles and provisions of the Convention and to raise public awareness, in particular among children themselves and parents, about the Convention. The Committee recommended that the State party regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat discriminatory disparities. It also recommended that the State party strengthen its administrative and judicial measures in a time-bound manner to prevent and eliminate de facto discrimination and discriminatory attitudes towards especially vulnerable groups of children and ensure, while enforcing its anti-terrorism legislation, a full respect of the rights enshrined in Convention.
ALGERIA
The Committee welcomed the second periodic report submitted by Algeria, as well as the written replies to its list of issues, which gave a clearer understanding of the situation of children in the State party. The Committee welcomed the adoption of laws aimed at protecting and promoting the rights of the child such as the revised provisions of the Act on the system of penal institutions and the social reinsertion of detainees which improved the status of children within the juvenile justice system; and the revised provisions of the Family Code which stipulate issues related to marriage and family life, including child custody. In addition, the Committee took note with appreciation of the establishment of new institutions aimed at protecting and promoting the rights of the child.
The Committee expressed its concern at the lack of a comprehensive national strategy or plan of action for the implementation of the Convention, and was concerned that implementation of the Convention at the local and regional levels remained insufficient, due to the lack of a coordinating mechanism. The Committee took note of the State party’s efforts to increase national expenditure on health care, education, support programmes for families and child protection but it was concerned that the allocated resources remained inadequate, in particular for the most vulnerable children. The Committee was concerned at the persistent de facto discrimination faced by girls, children with disabilities, children living in poverty, children born out of wedlock, children in conflict with the law, street children, children living in rural areas, Western Saharan refugee children (Sahwaris), and Amazigh children. The Committee welcomed the process of national reconciliation but was deeply concerned that violent actions still took place in the State party and that children continued to be victims of this violence, and noted with particular concern the vulnerable position of girls in the internal hostilities. The Committee was also deeply concerned by a number of cases of torture, inhuman and degrading treatment of children reported in recent reports of the Special Rapporteur on the question of torture.
The Committee recommended that the State party strengthen coordination among the various governmental bodies and mechanisms involved in the implementation of the child rights, at both the national and local levels, with a view to developing and adopting a comprehensive national plan of action for the implementation of the Convention, and recommended to the State party that it establish an independent and effective nationwide body with an explicit mandate to monitor and evaluate the progress achieved in the implementation of the Convention on the Rights of the Child, and that the State party strengthen its awareness-raising. In the light of article 6 and other relevant provisions of the Convention, the Committee urged the State party to make every effort to reinforce protection of the right to life of all children within the State party, through policies, programmes and services that targeted and guaranteed protection of this right. The Committee urged the State party to review its legislation in order to ensure that children were fully protected against torture and ill-treatment in society.
UGANDA
The Committee welcomed the submission of the second periodic report of Uganda, as well as the detailed written replies to its list of issues. The Committee was encouraged by the frank and constructive dialogue it had with the State party’s high-level and multi-sectoral delegation and welcomed the positive reactions to the suggestions and recommendations made during the discussion. The Committee welcomed a number of positive developments in the reporting period, and noted with appreciation the near completion of the establishment of the United Nations Office of the High Commissioner for Human Rights Field Presence aimed at strengthening the capacity of the State party to respond to its human rights needs, particularly in northern Uganda.
The Committee recognized the current efforts towards pursuing a peaceful resolution of the conflict in northern Uganda and noted the extremely negative impact of the conflict on the children of Uganda. The Committee noted with satisfaction that some concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies; however, some recommendations had not been given sufficient follow-up. The Committee took note that some progress has been made by the State party in the efforts to bring domestic laws in compliance with the Convention, but remained concerned at the lack of a systematic and comprehensive review. The Committee welcomed the information that significant progress had been made for the achievement of the goals of the Uganda National Programme of Action for Children, but was concerned at the lack of a systematic review and update of this programme with the view to incorporate the goals of the document entitled: “A World Fit for Children”. It was further concerned that insufficient resources allocations had resulted in a lack of sustainable results and that problems related to HIV/AIDS and prolonged armed conflict had negatively affected its implementation. The Committee was concerned that discrimination against certain groups of children still existed in practice, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected and/or infected by HIV/AIDS, former child soldiers and Batwa children.
The Committee urged the State party to continue to strengthen and expedite its efforts to end the long standing conflict, and to strengthen the provision of necessary humanitarian assistance and security to children in camps for internally displaced persons. The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that had not yet been implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the second report. The Committee recommended that the State party strengthen its efforts to bring domestic laws into full compliance with the Convention. The Committee urged that the State prioritise and increase budgetary allocations for children both at national and local level, to ensure at all levels the implementation of the right of the child and in particular to pay attention to the protection of the rights of children belonging to vulnerable groups, including children with disabilities, children affected or/and infected by HIV/AIDS, children living in poverty and those in remote areas.
CHINA
On the second periodic report of China, including the Special Administrative Regions of Hong Kong and Macau, the Committee welcomed the submission of the State party’s comprehensive and informative report. The Committee noted with appreciation the impressive achievements made in reducing poverty which enabled China to attain some of the key Millennium Development Goals ahead of schedule. The Committee welcomed the ratification of the Covenant on Economic, Social and Cultural Rights in 2001. The Committee welcomed the State party’s ratification of the 1993 Hague Convention No. 33 on Protection of Children and Cooperation in Respect of Intercountry Adoption on 16 September 2005.
The Committee noted with appreciation that various concerns and recommendations made upon the consideration of the State party’s initial reports had been addressed through legislative measures and policies. However, some of the concerns it expressed and recommendations it had made had not been sufficiently addressed. The Committee welcomed the withdrawal of the State party’s reservation to article 22 as applied to Hong Kong. However, it regretted that reservations remained with regard to article 6 and were applied to the entire State party, and that for Hong Kong and Macau Special Administrative Regions reservations with respect to articles 32 and 37 (c) remained in force. While welcoming the significant progress made with respect to legislative reform in mainland China, the Committee was concerned that not all laws applicable to children fully conformed to the Convention. The Committee noted with appreciation the elaboration of a second National Plan of Action, the National Children’s Development Programme (2001-2010) for the mainland, and also took note of the growing number of committees and working groups at the state, regional and county levels to monitor and implement child rights. However, it was concerned that coordination was fragmented and implementation of the Programme was not uniform across all regions and localities in the mainland and that coordination of implementation at local and regional levels was sometimes insufficient.
The Committee urged the State party to make every effort to address the recommendations issued in the concluding observations on the initial reports that had not yet been implemented, and to address the list of concerns contained in the present concluding observations on the second periodic report. The Committee recommended that the State party review and withdraw all reservations to the Convention for all areas under its jurisdiction. The Committee recommended that on the mainland, the State party continue to review legislation to ensure full conformity with the principles and provisions of the Convention, and that the State party further strengthen the coordination between the bodies and institutions working on the implementation of the National Children’s Development Programme (2001-2010) at all levels in order to ensure uniform implementation in all regions and provinces. The Committee reiterated its previous recommendation that in Hong Kong, the State party improve the coordination of its activities on the implementation of the Convention by developing and implementing a Plan of Action for Hong Kong. The Committee recommended that in Macau, the State party expedite its discussions in this regard and elaborate and implement a comprehensive Plan of Action for Macau. The Committee recommended that the State party establish, in the mainland, Hong Kong and Macau respectively, a national human rights institution which included a clear mandate for the monitoring of children’s rights and the implementation of the Convention at national, regional and local levels and in accordance with the Principles relating to the Status of National Institutions.
The Committee welcomed the submission of the State party's initial report covering the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography on the mainland and Macau Special Administrative Region. The Committee welcomed the heightened efforts of the State party to combat trafficking and sexual exploitation in mainland China and the information provided by the delegation that coordination between the mainland and the Special Administrative Regions was increasing, in particular with respect to the reunification of victims with their families. The Committee was concerned at the absence of a Plan of Action to combat trafficking and sexual exploitation applicable either to the mainland or Macau. The Committee recommended that the State party amend the 1997 Penal Code to prohibit the trafficking and sale of children for all purposes listed in the Protocol, with special attention to the sale and trafficking for purposes of adoption. The Committee recommended that the State party pay increased attention to the prevention of the sale of children, child prostitution and child pornography.
FINLAND
The Committee welcomed the submission of Finland’s third periodic report, as well as the written replies to the list of issues, which enabled the Committee to have a clear understanding of the situation of children in Finland. The Committee noted with appreciation: the establishment of the post of Ombudsman for Children as of September 2005; the adoption of the National Plan of Action “Finland Fit for Children” in 2005; and the completion of the Plan of Action against Trafficking in Human Beings on 31 March 2005. The Committee also welcomed the ratification of the Optional Protocol to the Convention on the Rights of the Child on Children in Armed Conflict on 10 May 2002; ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, on 17 January 2000; and the Rome Statute of the International Criminal Court, on 29 December 2000.
The Committee noted with satisfaction that various concerns and recommendations made upon the consideration of the State’s second periodic report had been addressed through legislative, administrative and other measures. However, it regretted that some of its concerns and recommendations had been insufficiently or only partly addressed. The Committee welcomed the establishment of the post of Ombudsman for Children as of September 2005 and the fact that - in support of the Ombudsman’s work - an advisory committee representing a wide range of expertise, in which NGOs would be represented, had been set up. However, the Committee also noted that the Children’s Ombudsman’s mandate was mainly focused on promotional work on the Convention and advisory services and that it would not deal with individual cases, whose investigation would remain under the competence of the Parliamentary Ombudsman. The Committee shared the State party’s concerns that - due to the fact that local authorities had extensive self-governance and autonomy - changes were needed to ensure the equality of resources for children and the availability of services throughout the country.
The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the second periodic report that had not yet been implemented and to address the list of concerns contained in the present concluding observations on the third periodic report. The Committee recommended that the State party: ensure a clear orientation of the National Plan of Action towards the rights of the child as enshrined in the Convention; provide an adequate budget for its implementation; integrate all other action plans and programmes under the coordination of the National Plan of Action in order to overcome a fragmented approach to the implementation of child rights; and give the new Ombudsman for Children a mandate to monitor the National Plan of Action and to evaluate the progress made. The Committee recommended that the State party undertake a study to assess and analyse the resources provided to children and continue to take, where necessary, effective measures to ensure equal access and availability of services for all children. In accordance with article 2 of the Convention, the Committee recommended that the State party continue and strengthen its efforts to prevent and eliminate all forms of discrimination against children, including Roma and foreign children, and pay special attention to education of young people on discriminatory attitudes.
The Committee welcomed the submission of the State party’s initial report on the implementation of the Optional Protocol on the involvement of children in armed conflicts. The Committee welcomed that entry into the armed forces below the age of 18, including on a voluntary basis, was prohibited under Act 364/2000 amending the Conscription Act. It further noted with appreciation that the same Act made the use of under-18s in hostilities a possible war crime punishable under the Penal Code. The Committee noted that the State party was a country of destination of asylum-seeking and migrant children coming from war-torn countries who could have been victims of traumatic experiences. The Committee invited the State party to provide information in its next periodic report on refugee and migrant children within its jurisdiction that could have been involved in hostilities in their country of origin and the assistance provided, if any, for their physical and psychological recovery and their social reintegration.
DENMARK
The Committee welcomed the timely submission of Denmark’s third periodic report, which complied with the guidelines for the preparation of periodic reports and the written replies to its list of issues, which allowed for a better understanding of the situation of children in Denmark. The Committee expressed its appreciation to the State party for including information concerning the situation of children in Greenland. However, it regretted that the report did not comprise sufficient information on the Faroe Islands. The Committee noted with appreciation the frank and constructive dialogue with the delegation of the State party, which included experts from the relevant ministries. It also expressed appreciation for the inclusion of a representative from Greenland in the delegation. The Committee welcomed the information provided by the delegation that State the party would undertake legal reforms which should make it possible to restrict the scope of the reservation to article 40.
The Committee welcomed the establishment of the Ministry of Families and Consumer Affairs charged with the task to coordinate the implementation of the Convention and noted the role of the ad-hoc inter-ministerial committees for thematic coordination and the fact that municipalities had to develop in the course of 2006 coherent child policies. However, the Committee was concerned that it was still unclear how a comprehensive coordination at the national and between the national and local level would be established. While taking note of the efforts undertaken by the State party and that the dissemination of the Convention was a continuous process and had high priority in the work of the National Council for Children, the Committee remained concerned at the lack of a systematic and consistent education of the Convention in schools. The Committee reiterated its previous concern regarding de facto discrimination against and xenophobia and racist attitude to children of ethnic minorities, refugee and asylum-seeking children and children belonging to migrant families. The Committee was also concerned about the amount of unsuitable and illegal material that could be found on the Internet.
The Committee, in light of the Vienna Declaration and Programme of Action, recommended that the State party continue its efforts for a full withdrawal of the reservation to article 40. The Committee recommended that the State party continue and strengthen its efforts to make sure that the domestic laws and regulations fully comply with the Convention. It further recommended that the Convention prevail whenever domestic laws provisions were in conflict with the rights enshrined in the Convention. In light of article 2 of the Convention, the Committee recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children. In light of article 12 of the Convention, the Committee recommended that the State party, among other things, ensure that all adults who worked with children were trained to effectively ensure that children capable to express their views were provided with adequate opportunities to do so and ensured that their views are taken into account. The Committee recommended that the State party continue and strengthen its efforts in managing the issue of overweight and obesity among children and pay close attention to child and adolescent health.
The Committee welcomed the submission of the State party’s report on the Optional Protocol on the involvement of children in the armed forces which was submitted on time. Nevertheless, the Committee was concerned that the State party had not followed the reporting guidelines nor annexed relevant legislation. The Committee noted with satisfaction that the minimum age was raised owing to a decision that Denmark should work more actively towards a general minimum age of 18 years for compulsory and voluntary recruitment to the Armed Forces in the negotiations on the Optional Protocol. The Committee recommended that the State party continue to develop ongoing and systematic education and training on the provisions of the Optional Protocol for all relevant professional groups, in particular military personnel. In addition the Committee recommended that the State party make the provisions of the Optional Protocol widely known to children.
RUSSIAN FEDERATION
The Committee welcomed the submission of the Russian Federation’s third periodic report, which followed the guidelines for reporting and included information on follow-up given to the Committee’s previous recommendations. The Committee welcomed legislative developments, including amendments made to the Criminal Procedure Code in July 2002 which contained a revised, more human approach towards the trial procedure of a child offender, with a focus on the respect of child’s rights and its guarantees and which had also reduced the number of minors brought before the criminal justice system and the number of minors’ sentences resulting in deprivation of freedom. The Committee welcomed the introduction in school curricula of the subject “Citizenship”, which also included education on human rights. The Committee welcomed the ratification in December 2003 of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and welcomed the numerous specific measures and targeted programmes for the implementation of the Convention on the rights of the child.
The Committee regretted that some of the concerns it expressed and the recommendations it made after its consideration of the State party’s second periodic report had not been sufficiently addressed, inter alia those concerning dissemination of information on the Convention, non-discrimination, protection from torture and corporal punishment, ill-treatment, neglect and abuse, review of placement of children, children with disabilities, children and armed conflict, and their recovery, street children, sexual exploitation and abuse, and administration of juvenile justice. The Committee was concerned that despite measures taken by the State party in this area, the awareness of the Convention among children and youth remained low and that not all professionals who worked with and for children received adequate training in children’s rights. The Committee was concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities. It was also concerned that children belonging to minorities, and in particular Roma children, were more likely to be deprived of their full enjoyment of their rights, in particular with regard to health and education services. The Committee was concerned that persons below 18 allegedly continued to be subject to torture and cruel treatment, in many cases when in police custody or during the pre-trial stage.
The Committee urged the State party to make every effort to address the previous recommendations that had been only partly implemented or had not been implemented at all, and the list of recommendations contained in the present concluding observations. The Committee recommended that the State party strengthen its efforts to improve the coherency and coordination of efforts on behalf of children and young people so as to ensure adequate cooperation among central and local authorities as well as cooperation with children, young people, parents and non-governmental organizations. The Committee recommended that the State party pay particular attention to the full implementation of article 4 of the Convention and ensure a balanced distribution of income throughout the country in order to prevent unjustifiable disparities in availability and access of social and other services for children. The Committee recommended that the State party take all necessary measures to prevent and combat all forms of discrimination inter alia via national and regional awareness campaigns and effective interventions in all incidents of discrimination while paying special attention to the most vulnerable groups such as children belonging to religious and ethnic minorities, Roma children and children of parents without a residence permit.
General Comment on Implementing Child’s Rights in Early Childhood
In its General Comment number 7 on Implementing Child’s Rights in Early Childhood, the Committee aimed to strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children. It encouraged recognition of young children as social actors from the beginning of life, with particular interests, capacities and vulnerabilities, and requirements for protection, guidance and support in the exercise of their rights, drawing attention to diversities within early childhood that needed to be taken into account when implementing the UN Convention, including diversities in young children’s circumstances, in the quality of their experiences and in the influences shaping their development. The Committee emphasised the vulnerability of young children to poverty, discrimination, family breakdown and multiple other adversities that violated their rights and undermined their well being. The main purpose of the Committee through the Comment was to contribute to the realization of rights for all young children through formulation and promotion of comprehensive policies, laws, programmes, practices, professional training and research specifically focussed on rights in early childhood.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Alison Anderson (Jamaica); Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), David Brent Parfitt (Canada), Awich Pollar (Uganda), Kamal Siddiqui (Bangladesh), Lucy Smith (Norway), Nevena Vuckovic-Sahovic (Serbia and Montenegro) and Jean Zermatten (Switzerland).
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This press release is not an official record and is provided for public information only.
Rights of the Child
30 September 2005
ROUND-UP
Adopts Conclusions on Reports from Australia, Algeria, Uganda, China, Finland,
Denmark and the Russian Federation
The Committee on the Rights of the Child concluded today its fortieth session and issued its conclusions and recommendations on the situation of children in Australia, Algeria, Uganda, China, Finland, Denmark and the Russian Federation, all of whose reports on efforts to comply with the Convention on the Rights of the Child were considered during the session. The Committee also adopted a General Comment on implementing children’s rights in early childhood.
The conclusions and recommendations were contained in the final report for the three-week session, which was adopted today by the 18-member Committee.
Concerning the combined second and third reports of Australia, the Committee noted with appreciation, among other things, the National Plan of Action against the Sexual Exploitation of Children of 2000. The Committee noted that despite the increase in budget allocations in many areas of childcare and well-being, indigenous children and other vulnerable groups continued to be in need of a considerable improvement of their standard of living, health and education. The Committee recommended that the State party regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat discriminatory disparities.
Concerning the second periodic report of Algeria, the Committee welcomed the adoption of laws aimed at protecting and promoting the rights of the child, and took note with appreciation of the establishment of new institutions aimed at protecting and promoting the rights of the child. The Committee expressed its concern at the lack of a comprehensive national strategy or plan of action for the implementation of the Convention, and was concerned that implementation of the Convention at the local and regional levels remained insufficient. The Committee recommended that the State party strengthen coordination among the various governmental bodies and mechanisms involved in the implementation of the child rights, at both the national and local levels, with a view to developing and adopting a comprehensive national plan of action for the implementation of the Convention.
Subsequent to the review of the second periodic report of Uganda, the Committee commended its self-critical and analytical nature, which gave a clear understanding of the situation of children in the State party. The Committee was concerned that discrimination against certain groups of children still existed in practice, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected and/or infected by HIV/AIDS, former child soldiers and Batwa children. The Committee urged that the State prioritise and increase budgetary allocations for children both at national and local level, ensure at all levels the implementation of the right of the child and in particular pay attention to the protection of the rights of children belonging to vulnerable groups, including children with disabilities, children affected or/and infected by HIV/AIDS, children living in poverty and those in remote areas.
After reviewing the second periodic report of China and the Special Administrative Regions of Macau and Hong Kong, the Committee noted with appreciation the impressive achievements made in reducing poverty, which enabled it to attain some of the key Millennium Development Goals ahead of schedule. While welcoming the significant progress made with respect to legislative reform in mainland China, the Committee was concerned that not all laws applicable to children fully conformed to the Convention. The Committee recommended that on the mainland, the State party continued to review legislation to ensure full conformity with the principles and provisions of the Convention. The Committee also welcomed the submission of the initial report of China and the Special Administrative Region of Macau on the Optional Protocol on the sale of children, child prostitution and child pornography.
On the third periodic report of Finland, the Committee noted with appreciation the establishment of the post of Ombudsman for Children as of September 2005 and the adoption of the National Plan of Action “Finland Fit for Children” in 2005. The Committee recommended that the State party ensure a clear orientation of the National Plan of Action towards the rights of the child as enshrined in the Convention. The Committee welcomed the submission of the State party’s initial report on the implementation of the Optional Protocol on the involvement of children in armed conflict.
After considering the third periodic report of Denmark, the Committee welcomed the information provided by the delegation that the State party would undertake legal reforms which should make it possible to restrict the scope of the reservation to article 40. The Committee reiterated its previous concern regarding de facto discrimination against and xenophobia and racist attitudes to children of ethnic minorities, refugee and asylum-seeking children and children belonging to migrant families. In light of article 2 of the Convention, the Committee recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children. The Committee also welcomed the submission of the State Party’s report on the Optional Protocol on the involvement of children in armed conflict.
In its concluding observations on the third periodic report of the Russian Federation, the Committee welcomed legislative developments, including amendments made to the Criminal Procedure Code in July 2002 which contained a revised, more human approach towards the trial procedure of a child offender. The Committee was concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities, and that children belonging to minorities, in particular Roma children, were more likely to be deprived of their full enjoyment of their rights, in particular with regard to health and education services. The Committee recommended the State party take all necessary measures to prevent and combat all forms of discrimination while paying special attention to the most vulnerable groups such as children belonging to religious and ethnic minorities, Roma children and children of parents without a residence permit.
The Committee adopted its General Comment number 7 on implementing children’s rights in early childhood, in which it aimed to strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children. It encouraged recognition of young children as social actors from the beginning of life, with particular interests, capacities and vulnerabilities, and requirements for protection, guidance and support in the exercise of their rights, drawing attention to diversities within early childhood that needed to be taken into account when implementing the UN Convention, including diversities in young children’s circumstances, in the quality of their experiences and in the influences shaping their development.
The Committee also adopted a decision that its next Day of General Discussion would focus on article 12 of the Convention, the rights of the child to express his or her views and to be listened to and have those views taken into account in the light of the age and maturity of the child. This right was also associated with the participation of the child in all kinds of decision-making processes. The discussion, which would be held at the Committee's next session, was to be part of the lead-up to the adoption of a General Comment on this topic by the Committee.
The Committee's next session will be held in from 9 to 27 January 2006 at the Palais Wilson in Geneva. Scheduled for consideration are the reports of Ghana, Liechtenstein, Peru, Trinidad and Tobago, Hungary, Thailand, Azerbaijan, Mauritius, Saudi Arabia, and Lithuania. For the first time, the Committee will be meeting in parallel chambers. Under the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee will consider the reports of Kazakhstan, Morocco, Andorra and Italy. Under the Optional Protocol on the involvement of children in armed conflict, the Committee will consider the reports of Switzerland, Bangladesh, Andorra and Italy.
Final Observations and Recommendations on Reports Presented
AUSTRALIA
The Committee welcomed the submission of Australia’s combined second and third periodic reports, as well as the timely responses to the list of issues, which allowed the Committee to have a better understanding of the situation of children in the State party. The Committee noted with appreciation, among other things, the National Plan of Action against the Sexual Exploitation of Children of 2000; and the launching of a new National Framework for the protection of human rights in Australia on 23 December 2004. The Committee also wished to welcome, among other things, the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption, on 25 August 1998, and the Rome Statute of the International Criminal Court, on 1 July 2002.
The Committee remained concerned that, while the Convention may be considered and taken into account in order to assist courts to resolve uncertainties or ambiguities in the law, it could not be used by the judiciary to override inconsistent provisions of domestic law. The Committee noted that despite the increase in budget allocations in many areas of child care and well-being, indigenous children and other vulnerable groups continued to be in need of a considerable improvement of their standard of living, health and education. While the Committee noted the initiatives taken against racial, ethnic and religious discrimination, it was particularly concerned at the discriminatory disparities existing with regards to Aboriginal and Torres Strait Islander children, especially in terms of provisions of and accessibility to basic services. The Committee noted the efforts of the State party to give full implementation to article 12 of the Convention, but was concerned that the views of the child were not always sufficiently taken into account in judicial and administrative proceedings affecting the child. The Committee was further concerned at the exposure of children to high level of domestic violence.
The Committee recommended that the State party strengthen its efforts to conform its domestic laws and practice to the principles and provisions of the Convention, and to ensure that effective remedies would be always available in case of violation of the rights of the child. The Committee recommended that the State party continue its efforts to disseminate the principles and provisions of the Convention and to raise public awareness, in particular among children themselves and parents, about the Convention. The Committee recommended that the State party regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat discriminatory disparities. It also recommended that the State party strengthen its administrative and judicial measures in a time-bound manner to prevent and eliminate de facto discrimination and discriminatory attitudes towards especially vulnerable groups of children and ensure, while enforcing its anti-terrorism legislation, a full respect of the rights enshrined in Convention.
ALGERIA
The Committee welcomed the second periodic report submitted by Algeria, as well as the written replies to its list of issues, which gave a clearer understanding of the situation of children in the State party. The Committee welcomed the adoption of laws aimed at protecting and promoting the rights of the child such as the revised provisions of the Act on the system of penal institutions and the social reinsertion of detainees which improved the status of children within the juvenile justice system; and the revised provisions of the Family Code which stipulate issues related to marriage and family life, including child custody. In addition, the Committee took note with appreciation of the establishment of new institutions aimed at protecting and promoting the rights of the child.
The Committee expressed its concern at the lack of a comprehensive national strategy or plan of action for the implementation of the Convention, and was concerned that implementation of the Convention at the local and regional levels remained insufficient, due to the lack of a coordinating mechanism. The Committee took note of the State party’s efforts to increase national expenditure on health care, education, support programmes for families and child protection but it was concerned that the allocated resources remained inadequate, in particular for the most vulnerable children. The Committee was concerned at the persistent de facto discrimination faced by girls, children with disabilities, children living in poverty, children born out of wedlock, children in conflict with the law, street children, children living in rural areas, Western Saharan refugee children (Sahwaris), and Amazigh children. The Committee welcomed the process of national reconciliation but was deeply concerned that violent actions still took place in the State party and that children continued to be victims of this violence, and noted with particular concern the vulnerable position of girls in the internal hostilities. The Committee was also deeply concerned by a number of cases of torture, inhuman and degrading treatment of children reported in recent reports of the Special Rapporteur on the question of torture.
The Committee recommended that the State party strengthen coordination among the various governmental bodies and mechanisms involved in the implementation of the child rights, at both the national and local levels, with a view to developing and adopting a comprehensive national plan of action for the implementation of the Convention, and recommended to the State party that it establish an independent and effective nationwide body with an explicit mandate to monitor and evaluate the progress achieved in the implementation of the Convention on the Rights of the Child, and that the State party strengthen its awareness-raising. In the light of article 6 and other relevant provisions of the Convention, the Committee urged the State party to make every effort to reinforce protection of the right to life of all children within the State party, through policies, programmes and services that targeted and guaranteed protection of this right. The Committee urged the State party to review its legislation in order to ensure that children were fully protected against torture and ill-treatment in society.
UGANDA
The Committee welcomed the submission of the second periodic report of Uganda, as well as the detailed written replies to its list of issues. The Committee was encouraged by the frank and constructive dialogue it had with the State party’s high-level and multi-sectoral delegation and welcomed the positive reactions to the suggestions and recommendations made during the discussion. The Committee welcomed a number of positive developments in the reporting period, and noted with appreciation the near completion of the establishment of the United Nations Office of the High Commissioner for Human Rights Field Presence aimed at strengthening the capacity of the State party to respond to its human rights needs, particularly in northern Uganda.
The Committee recognized the current efforts towards pursuing a peaceful resolution of the conflict in northern Uganda and noted the extremely negative impact of the conflict on the children of Uganda. The Committee noted with satisfaction that some concerns and recommendations made upon the consideration of the State party’s initial report had been addressed through legislative measures and policies; however, some recommendations had not been given sufficient follow-up. The Committee took note that some progress has been made by the State party in the efforts to bring domestic laws in compliance with the Convention, but remained concerned at the lack of a systematic and comprehensive review. The Committee welcomed the information that significant progress had been made for the achievement of the goals of the Uganda National Programme of Action for Children, but was concerned at the lack of a systematic review and update of this programme with the view to incorporate the goals of the document entitled: “A World Fit for Children”. It was further concerned that insufficient resources allocations had resulted in a lack of sustainable results and that problems related to HIV/AIDS and prolonged armed conflict had negatively affected its implementation. The Committee was concerned that discrimination against certain groups of children still existed in practice, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected and/or infected by HIV/AIDS, former child soldiers and Batwa children.
The Committee urged the State party to continue to strengthen and expedite its efforts to end the long standing conflict, and to strengthen the provision of necessary humanitarian assistance and security to children in camps for internally displaced persons. The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that had not yet been implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the second report. The Committee recommended that the State party strengthen its efforts to bring domestic laws into full compliance with the Convention. The Committee urged that the State prioritise and increase budgetary allocations for children both at national and local level, to ensure at all levels the implementation of the right of the child and in particular to pay attention to the protection of the rights of children belonging to vulnerable groups, including children with disabilities, children affected or/and infected by HIV/AIDS, children living in poverty and those in remote areas.
CHINA
On the second periodic report of China, including the Special Administrative Regions of Hong Kong and Macau, the Committee welcomed the submission of the State party’s comprehensive and informative report. The Committee noted with appreciation the impressive achievements made in reducing poverty which enabled China to attain some of the key Millennium Development Goals ahead of schedule. The Committee welcomed the ratification of the Covenant on Economic, Social and Cultural Rights in 2001. The Committee welcomed the State party’s ratification of the 1993 Hague Convention No. 33 on Protection of Children and Cooperation in Respect of Intercountry Adoption on 16 September 2005.
The Committee noted with appreciation that various concerns and recommendations made upon the consideration of the State party’s initial reports had been addressed through legislative measures and policies. However, some of the concerns it expressed and recommendations it had made had not been sufficiently addressed. The Committee welcomed the withdrawal of the State party’s reservation to article 22 as applied to Hong Kong. However, it regretted that reservations remained with regard to article 6 and were applied to the entire State party, and that for Hong Kong and Macau Special Administrative Regions reservations with respect to articles 32 and 37 (c) remained in force. While welcoming the significant progress made with respect to legislative reform in mainland China, the Committee was concerned that not all laws applicable to children fully conformed to the Convention. The Committee noted with appreciation the elaboration of a second National Plan of Action, the National Children’s Development Programme (2001-2010) for the mainland, and also took note of the growing number of committees and working groups at the state, regional and county levels to monitor and implement child rights. However, it was concerned that coordination was fragmented and implementation of the Programme was not uniform across all regions and localities in the mainland and that coordination of implementation at local and regional levels was sometimes insufficient.
The Committee urged the State party to make every effort to address the recommendations issued in the concluding observations on the initial reports that had not yet been implemented, and to address the list of concerns contained in the present concluding observations on the second periodic report. The Committee recommended that the State party review and withdraw all reservations to the Convention for all areas under its jurisdiction. The Committee recommended that on the mainland, the State party continue to review legislation to ensure full conformity with the principles and provisions of the Convention, and that the State party further strengthen the coordination between the bodies and institutions working on the implementation of the National Children’s Development Programme (2001-2010) at all levels in order to ensure uniform implementation in all regions and provinces. The Committee reiterated its previous recommendation that in Hong Kong, the State party improve the coordination of its activities on the implementation of the Convention by developing and implementing a Plan of Action for Hong Kong. The Committee recommended that in Macau, the State party expedite its discussions in this regard and elaborate and implement a comprehensive Plan of Action for Macau. The Committee recommended that the State party establish, in the mainland, Hong Kong and Macau respectively, a national human rights institution which included a clear mandate for the monitoring of children’s rights and the implementation of the Convention at national, regional and local levels and in accordance with the Principles relating to the Status of National Institutions.
The Committee welcomed the submission of the State party's initial report covering the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography on the mainland and Macau Special Administrative Region. The Committee welcomed the heightened efforts of the State party to combat trafficking and sexual exploitation in mainland China and the information provided by the delegation that coordination between the mainland and the Special Administrative Regions was increasing, in particular with respect to the reunification of victims with their families. The Committee was concerned at the absence of a Plan of Action to combat trafficking and sexual exploitation applicable either to the mainland or Macau. The Committee recommended that the State party amend the 1997 Penal Code to prohibit the trafficking and sale of children for all purposes listed in the Protocol, with special attention to the sale and trafficking for purposes of adoption. The Committee recommended that the State party pay increased attention to the prevention of the sale of children, child prostitution and child pornography.
FINLAND
The Committee welcomed the submission of Finland’s third periodic report, as well as the written replies to the list of issues, which enabled the Committee to have a clear understanding of the situation of children in Finland. The Committee noted with appreciation: the establishment of the post of Ombudsman for Children as of September 2005; the adoption of the National Plan of Action “Finland Fit for Children” in 2005; and the completion of the Plan of Action against Trafficking in Human Beings on 31 March 2005. The Committee also welcomed the ratification of the Optional Protocol to the Convention on the Rights of the Child on Children in Armed Conflict on 10 May 2002; ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, on 17 January 2000; and the Rome Statute of the International Criminal Court, on 29 December 2000.
The Committee noted with satisfaction that various concerns and recommendations made upon the consideration of the State’s second periodic report had been addressed through legislative, administrative and other measures. However, it regretted that some of its concerns and recommendations had been insufficiently or only partly addressed. The Committee welcomed the establishment of the post of Ombudsman for Children as of September 2005 and the fact that - in support of the Ombudsman’s work - an advisory committee representing a wide range of expertise, in which NGOs would be represented, had been set up. However, the Committee also noted that the Children’s Ombudsman’s mandate was mainly focused on promotional work on the Convention and advisory services and that it would not deal with individual cases, whose investigation would remain under the competence of the Parliamentary Ombudsman. The Committee shared the State party’s concerns that - due to the fact that local authorities had extensive self-governance and autonomy - changes were needed to ensure the equality of resources for children and the availability of services throughout the country.
The Committee urged the State party to take all necessary measures to address those recommendations from the concluding observations of the second periodic report that had not yet been implemented and to address the list of concerns contained in the present concluding observations on the third periodic report. The Committee recommended that the State party: ensure a clear orientation of the National Plan of Action towards the rights of the child as enshrined in the Convention; provide an adequate budget for its implementation; integrate all other action plans and programmes under the coordination of the National Plan of Action in order to overcome a fragmented approach to the implementation of child rights; and give the new Ombudsman for Children a mandate to monitor the National Plan of Action and to evaluate the progress made. The Committee recommended that the State party undertake a study to assess and analyse the resources provided to children and continue to take, where necessary, effective measures to ensure equal access and availability of services for all children. In accordance with article 2 of the Convention, the Committee recommended that the State party continue and strengthen its efforts to prevent and eliminate all forms of discrimination against children, including Roma and foreign children, and pay special attention to education of young people on discriminatory attitudes.
The Committee welcomed the submission of the State party’s initial report on the implementation of the Optional Protocol on the involvement of children in armed conflicts. The Committee welcomed that entry into the armed forces below the age of 18, including on a voluntary basis, was prohibited under Act 364/2000 amending the Conscription Act. It further noted with appreciation that the same Act made the use of under-18s in hostilities a possible war crime punishable under the Penal Code. The Committee noted that the State party was a country of destination of asylum-seeking and migrant children coming from war-torn countries who could have been victims of traumatic experiences. The Committee invited the State party to provide information in its next periodic report on refugee and migrant children within its jurisdiction that could have been involved in hostilities in their country of origin and the assistance provided, if any, for their physical and psychological recovery and their social reintegration.
DENMARK
The Committee welcomed the timely submission of Denmark’s third periodic report, which complied with the guidelines for the preparation of periodic reports and the written replies to its list of issues, which allowed for a better understanding of the situation of children in Denmark. The Committee expressed its appreciation to the State party for including information concerning the situation of children in Greenland. However, it regretted that the report did not comprise sufficient information on the Faroe Islands. The Committee noted with appreciation the frank and constructive dialogue with the delegation of the State party, which included experts from the relevant ministries. It also expressed appreciation for the inclusion of a representative from Greenland in the delegation. The Committee welcomed the information provided by the delegation that State the party would undertake legal reforms which should make it possible to restrict the scope of the reservation to article 40.
The Committee welcomed the establishment of the Ministry of Families and Consumer Affairs charged with the task to coordinate the implementation of the Convention and noted the role of the ad-hoc inter-ministerial committees for thematic coordination and the fact that municipalities had to develop in the course of 2006 coherent child policies. However, the Committee was concerned that it was still unclear how a comprehensive coordination at the national and between the national and local level would be established. While taking note of the efforts undertaken by the State party and that the dissemination of the Convention was a continuous process and had high priority in the work of the National Council for Children, the Committee remained concerned at the lack of a systematic and consistent education of the Convention in schools. The Committee reiterated its previous concern regarding de facto discrimination against and xenophobia and racist attitude to children of ethnic minorities, refugee and asylum-seeking children and children belonging to migrant families. The Committee was also concerned about the amount of unsuitable and illegal material that could be found on the Internet.
The Committee, in light of the Vienna Declaration and Programme of Action, recommended that the State party continue its efforts for a full withdrawal of the reservation to article 40. The Committee recommended that the State party continue and strengthen its efforts to make sure that the domestic laws and regulations fully comply with the Convention. It further recommended that the Convention prevail whenever domestic laws provisions were in conflict with the rights enshrined in the Convention. In light of article 2 of the Convention, the Committee recommended that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children. In light of article 12 of the Convention, the Committee recommended that the State party, among other things, ensure that all adults who worked with children were trained to effectively ensure that children capable to express their views were provided with adequate opportunities to do so and ensured that their views are taken into account. The Committee recommended that the State party continue and strengthen its efforts in managing the issue of overweight and obesity among children and pay close attention to child and adolescent health.
The Committee welcomed the submission of the State party’s report on the Optional Protocol on the involvement of children in the armed forces which was submitted on time. Nevertheless, the Committee was concerned that the State party had not followed the reporting guidelines nor annexed relevant legislation. The Committee noted with satisfaction that the minimum age was raised owing to a decision that Denmark should work more actively towards a general minimum age of 18 years for compulsory and voluntary recruitment to the Armed Forces in the negotiations on the Optional Protocol. The Committee recommended that the State party continue to develop ongoing and systematic education and training on the provisions of the Optional Protocol for all relevant professional groups, in particular military personnel. In addition the Committee recommended that the State party make the provisions of the Optional Protocol widely known to children.
RUSSIAN FEDERATION
The Committee welcomed the submission of the Russian Federation’s third periodic report, which followed the guidelines for reporting and included information on follow-up given to the Committee’s previous recommendations. The Committee welcomed legislative developments, including amendments made to the Criminal Procedure Code in July 2002 which contained a revised, more human approach towards the trial procedure of a child offender, with a focus on the respect of child’s rights and its guarantees and which had also reduced the number of minors brought before the criminal justice system and the number of minors’ sentences resulting in deprivation of freedom. The Committee welcomed the introduction in school curricula of the subject “Citizenship”, which also included education on human rights. The Committee welcomed the ratification in December 2003 of ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and welcomed the numerous specific measures and targeted programmes for the implementation of the Convention on the rights of the child.
The Committee regretted that some of the concerns it expressed and the recommendations it made after its consideration of the State party’s second periodic report had not been sufficiently addressed, inter alia those concerning dissemination of information on the Convention, non-discrimination, protection from torture and corporal punishment, ill-treatment, neglect and abuse, review of placement of children, children with disabilities, children and armed conflict, and their recovery, street children, sexual exploitation and abuse, and administration of juvenile justice. The Committee was concerned that despite measures taken by the State party in this area, the awareness of the Convention among children and youth remained low and that not all professionals who worked with and for children received adequate training in children’s rights. The Committee was concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities. It was also concerned that children belonging to minorities, and in particular Roma children, were more likely to be deprived of their full enjoyment of their rights, in particular with regard to health and education services. The Committee was concerned that persons below 18 allegedly continued to be subject to torture and cruel treatment, in many cases when in police custody or during the pre-trial stage.
The Committee urged the State party to make every effort to address the previous recommendations that had been only partly implemented or had not been implemented at all, and the list of recommendations contained in the present concluding observations. The Committee recommended that the State party strengthen its efforts to improve the coherency and coordination of efforts on behalf of children and young people so as to ensure adequate cooperation among central and local authorities as well as cooperation with children, young people, parents and non-governmental organizations. The Committee recommended that the State party pay particular attention to the full implementation of article 4 of the Convention and ensure a balanced distribution of income throughout the country in order to prevent unjustifiable disparities in availability and access of social and other services for children. The Committee recommended that the State party take all necessary measures to prevent and combat all forms of discrimination inter alia via national and regional awareness campaigns and effective interventions in all incidents of discrimination while paying special attention to the most vulnerable groups such as children belonging to religious and ethnic minorities, Roma children and children of parents without a residence permit.
General Comment on Implementing Child’s Rights in Early Childhood
In its General Comment number 7 on Implementing Child’s Rights in Early Childhood, the Committee aimed to strengthen understanding of the human rights of all young children and to draw States parties’ attention to their obligations towards young children. It encouraged recognition of young children as social actors from the beginning of life, with particular interests, capacities and vulnerabilities, and requirements for protection, guidance and support in the exercise of their rights, drawing attention to diversities within early childhood that needed to be taken into account when implementing the UN Convention, including diversities in young children’s circumstances, in the quality of their experiences and in the influences shaping their development. The Committee emphasised the vulnerability of young children to poverty, discrimination, family breakdown and multiple other adversities that violated their rights and undermined their well being. The main purpose of the Committee through the Comment was to contribute to the realization of rights for all young children through formulation and promotion of comprehensive policies, laws, programmes, practices, professional training and research specifically focussed on rights in early childhood.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Alison Anderson (Jamaica); Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), David Brent Parfitt (Canada), Awich Pollar (Uganda), Kamal Siddiqui (Bangladesh), Lucy Smith (Norway), Nevena Vuckovic-Sahovic (Serbia and Montenegro) and Jean Zermatten (Switzerland).
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This press release is not an official record and is provided for public information only.
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