Committee on the Rights of the Child to hold its 20th Session at Geneva, from 11 to 29 January 1998

BACKGROUND RELEASE

January 1999
HR/4401


Experts to Examine Reports of Austria,
Belize, Guinea, Sweden and Yemen

The promotion and protection of children's rights in Austria, Belize, Guinea, Sweden and Yemen will be at the top of the agenda as the Committee on the Rights of the Child meets in Geneva from 11 to 29 January.

The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child, the most complete statement of children's rights ever made and the first to give these rights the force of international law. The countries scheduled to come before the Committee at this session are among the 191 to have ratified or acceded to the Convention, a number that makes the treaty the most widely accepted human rights instrument ever. Only Somalia and the United States have not yet ratified it. The States parties to the Convention are expected to send representatives to the Committee to present and defend reports on how they give effect to children's rights.

During this three-week session, the Committee may also pursue the elaboration of general comments based on the various principles and provisions of the Convention. It is expected to pursue its discussion of ways by which and areas in which existing cooperation with various relevant bodies could be further strengthened to enhance the promotion and protection of the rights of the child. The panel will also discuss the organization of its future work, as well as the procedure to be followed in the consideration of reports by States parties and their follow-up, including, where necessary, areas identified for technical assistance.

The Committee is composed of 10 independent experts, although States parties have adopted an amendment to the Convention that would increase the membership to 18 in order to enable the Committee to face a rapidly growing workload. The amendment will enter into force upon its acceptance by a two-thirds majority of States parties.


Summary of Concluding Remarks on Reports of Sweden and Yemen

Of the States parties presenting reports to the Committee this session, Sweden and Yemen have previously presented reports. The following is a summary of the Committee's concluding remarks on the initial reports of those two countries.

In concluding remarks on the initial report of Sweden, considered in January-February 1993, the Committee welcomed the Government's awareness of the need to take an active approach to implementing the Convention, disseminating information on it and seeking ways to further improve the status of children in Sweden, and it noted with satisfaction that laws have been enacted and administrative measures proposed to harmonize the legal framework for the protection of children's rights with the requirements of
the Convention. It recommended, among other things, that careful attention be given to setting up the monitoring mechanism and indicators for measuring the progress made in the implementation of legislative and other measures to protect the rights of the child.

With respect to the definition of the child, the Committee recommended that the State party consider an approach which was more coherent and more closely reflected the general principles and provisions of the Convention.

Steps might be taken to close the gap in the law which at present allowed for the possibility of conscripting children under the age of 18 into the armed forces. With regard to children in conflict with the law, the Committee suggested that further consideration should be given to ensuring that children in detention were separated from adults. The Committee also recommended that steps should be taken to monitor more closely the
situation of foreign children placed in adoptive families in Sweden.

In concluding remarks on the initial report of Yemen, considered in January-February 1996, the Committee welcomed the comments made by the State party's delegation on the importance it attached to the guidance offered by the Committee as to the steps to be taken to implement the Convention effectively, including with a view to bringing domestic law into line with the Convention. It recommended that the State party pursue its efforts to ensure full compatibility of its national law with the Convention on the Rights of the Child. The Committee encouraged the State party to pay special attention to enhancing the role of the family in the promotion of children's rights, and in this regard stressed the importance of the status of women in family and social life.

The Committee recommended that the State party ensure specific training activities on the Convention to professional groups working with and for children and that the State party establish a permanent and multidisciplinary mechanism for the coordination and monitoring of the implementation of the Convention on the Rights of the Child, both at the national and local levels. It recommended that the State party undertake all appropriate measures, to the maximum extent of the available resources, to ensure that budgetary allocation is provided to services for children. Special protection measures should also be adopted and implemented in relation to refugee children, children involved with the juvenile justice system, particularly when deprived of their liberty, children involved in child labour and children forced to live and/or work in the streets, including child beggars.

Convention on Rights of Child

The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States which accept it legally accountable for their actions towards children. Work on its drafting began in 1979 -- the International Year of the Child -- at the Commission on
Human Rights.

The Convention was opened for signature on 26 January 1990. That day, 61countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.

Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that: every child has the right to life, and States shall ensure to the maximum child survival and development; every child has the right to a name and nationality from birth; and, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.

Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind; that children should not be separated from their parents, unless by competent authorities for their well-being; States should facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.

Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own culture, religion and language.

A conference of States parties has endorsed efforts to amend the Convention in order to increase the membership of the Committee, while the General Assembly has expressed support for the working group of the Commission on Human Rights on a draft optional protocol to the treaty related to the involvement of children in armed conflict.

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, serving in their personal capacity, have been elected to the Committee: Francesco Paolo Fulci (Italy), Judith Karp (Israel), Youri Kolosov (Russian Federation), Sandra P. Mason (Barbados), Nafsiah Mboi (Indonesia), Esther Margaret Queen Mokhuane (South Africa),
Awa N'deye Ouedraogo (Burkina Faso), Lisbet Palme (Sweden), Ghassan Salim Rabah (Lebanon), and Marilia Sardenberg Goncalves (Brazil). Mrs. Mason is the Committee's Chairperson. The three Vice-Chairpersons are Mrs. Karp, Mr. Kolosov and Mr. Rabah. Mrs. Mboi is the Rapporteur.

Revised Programme of Work

COMMITTEE ON THE RIGHTS OF THE CHILD
20th session
11 - 29 January 1999

Revised draft 7 January 1999
Tentative programme of work

Monday, 11/1
am items 1,2,3 Opening/ adoption of agenda/Submission of reports/organization of work
pm no meeting

Tuesday, 12/1
am item 4 Austria
pm item 4 Austria

Wednesday, 13/1
am item 4 [Austria]
pm item 7 Methods of work (Private)

Thursday, 14/1
am item 4 Belize
pm item 4 Belize

Friday, 15/1
am item 4 [Belize]
pm item 7 Methods of work (Private)

Monday, 18/1
am Official holiday
pm Official holiday

Tuesday, 19/1
am item 4 Guinea
pm item 4 Guinea

Wednesday, 20/1
am item 4 [Guinea]
pm item 4 Concluding observations (Private)

Thursday, 21/1
am item 4 Concluding observations (Private)
pm item 6 Cooperation with other bodies

Friday, 22/1
am item 4 Sweden
pm item 4 Sweden

Monday, 25/1
am item 4 Yemen
pm item 4 Yemen

Tuesday, 26/1
am item 4 Concluding observations
pm item 7 Methods of work (Private)

Wednesday, 27/1
am item 7 Methods of work (Private)
pm item 4 Concluding observations (Private)

Thursday, 28/1
am item 4 Concluding observations (Private)
pm item 4 Concluding observations (Private)

Friday, 29/1
am items 8, 9 Future mtgs, other matters adoption of report
pm no meeting

Reserves: Chad, St Kitts & Nevis and Honduras (2nd report)