Committee on the Rights of the Child issues Concluding Observations and recommendations on Reports of Austria, Belize, Guinea, Sweden and Yemen

HR/CRC/99/17
29 January 1999

BACKGROUND RELEASE



The Committee on the Rights of the Child, the expert body in charge of monitoring implementation of the Convention on the Rights of the Child, adjourned this morning its twentieth session and issued concluding observations and recommendations on reports submitted to it by Austria, Belize, Guinea, Sweden and Yemen.

The five countries, in keeping with their obligations as States parties to the Convention, presented to the Committee over the course of the three-week session lengthy written and oral summaries on their efforts to promote and protect children's rights. The countries also sent official delegations to answer questions and hear the opinions of the Committee's 10 independent experts.

The Committee, in concluding observations, recommended, among other things, that the Government of Austria consider undertaking an in-depth study relating to age, sexual consent and sexual relations; that existing legislation be reviewed so as to make sterilization of mentally disabled children require the intervention of the courts; and that measures be taken to ensure that the age of sexual consent did not conflict with the right of all children to be fully protected from exploitation.

The Committee was concerned, among other things, that domestic legislation in Belize still did not fully reflect the provisions and principles of the Convention. It expressed grave concern that corporal punishment was still widely practised within the country and that domestic legislation did not prohibit its use within the society in general; and it called for action to improve education, particularly by reducing overcrowding in schools and by reducing a high drop-out rate.

Among factors and difficulties impeding the implementation of the Convention in Guinea, the Committee noted, was that the country was among the least-developed in the world, it was struggling to implement structural adjustment programmes, and it currently was coping with the presence within its territory of a large number of refugees from neighbouring countries. While acknowledging the Government's efforts to combat and prevent sexually transmitted diseases, especially HIV/AIDS, the Committee was deeply concerned at the spread of the epidemic and its direct and indirect effects on children. It was also concerned about increased trafficking and sale of children to neighbouring countries for purposes of work or prostitution.

Responding to the report of Sweden the Committee said, among other thing, that decentralization in the provision of services by municipalities had caused inconsistencies and disparities affecting children. The Committee was concerned that the principle of non-discrimination was not fully applied to the children of illegal migrants, the so-called "children in hiding". And it cited worries about a reported increase in incidences of racism and xenophobia.

The Committee noted concern that the adoption of structural adjustment programmes in Yemen might have an adverse effect on the implementation of social programmes, especially those related to children; that there were persistent disparities in the situation of children in the northern and southern regions of the country, and in urban and rural areas; that traditional societal attitudes still regarded the widespread use of corporal punishment as an acceptable practice by parents; and that the practice of female genital mutilation and other harmful traditional practices affecting the health of the girl children persisted in some regions.

At its closing session this morning, the Committee announced that to celebrate the tenth anniversary of the Convention, it would host a two-day seminar in the fall of this year entitled “Convention on the Rights of the Child: ten years of achievements and challenges”.

At its next session, which will be held from 17 May to 4 June, the Committee is scheduled to review reports from Barbados, St. Kitts & Nevis, Honduras, Benin, Chad and Nicaragua.

Concluding Observations and Recommendations on Country Reports

Among positive aspects to the report of Austria, the Committee cited Austria's prohibition of all forms of corporal punishment. It welcomed the establishment of ombudsman systems for children and adolescents in each of the nine states and at the federal level. It also welcomed the adoption of legislation establishing extra-territorial jurisdiction for nationals of Austria involved in the sexual exploitation of children.

The Committee was concerned that the country’s federal system might on occasion pose difficulties for federal authorities in their effort to implement the provisions and principles of the Convention while ensuring the principle of non-discrimination. The panel also was concerned that a non-governmental body seemed to have a clear mandate to coordinate and monitor the implementation of the Convention. The Committee noted that recent budget austerity measures had had an impact on children, and might in particular affect the more vulnerable and disadvantaged among them. It was further concerned about remaining instances of gender discrimination. In addition, the Committee regretted that forced sterilization of mentally disabled children was legal with parental consent. It shared Austria's concern that "a large number of children in Austria are living on the edge of poverty".

The Committee recommended, among other things:

-- that all appropriate measures be taken to ensure effective coordination and monitoring of activities related to the implementation of the Convention, at all levels, federal and state;

-- that the Government ensure implementation of economic, social and cultural rights to the "maximum extent of available resources";

-- that Austria consider undertaking an in-depth study relating to age, sexual consent and sexual relations;

-- that it renew its efforts to disseminate the Convention in appropriate languages both to children and to a broader public;

-- that existing legislation be reviewed so as to make sterilization of mentally disabled children require the intervention of the courts, and that care and counselling services be provided;

-- that measures be taken to ensure that the age of sexual consent did not conflict with the right of all children to be fully protected from exploitation;

-- that the State party continue its efforts to promote the social inclusion of children with disabilities;

-- that measures be taken to increase the number of places in kindergartens and pre-school facilities, such as day care;

-- that Austria take all appropriate measures to prevent poverty in light of the principles and provisions of the Convention;

-- that the Government reconsider the possibility and practice of detaining asylum-seeking children, and that it be done in accordance with the best interest of the child;

-- and that appropriate measures be taken to protect and ensure the rights of children belonging to the Roma, Sinti and other minorities, including protection from all types of discrimination.

The Committee cited among positive aspects of the report of Belize recent efforts undertaken in the field of law reform, including enactment of the Families and Children's Act of 1998 which aimed to reform and consolidate laws relating to families and children; and the coordination of an election for schoolchildren to choose the provisions of the Convention most significant to them. The panel also remarked favourably on the State party's use of appropriate materials and oral popular forms in disseminating information on the Convention.

Among factors and difficulties impeding the implementation of the Convention, the Committee acknowledged that the economic and social difficulties facing Belize had had a negative impact on the situation of children.

The Committee was concerned that domestic legislation still did not fully reflect the provisions and principles of the Convention. It regretted that the Government had not acceded to the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee expressed concern at the absence of an independent mechanism to register and address complaints from children concerning possible violations of their rights under the Convention. It expressed grave concern that corporal punishment was still widely practised in the country and that domestic legislation did not prohibit its use within society in general. The Committee was concerned over the situation of education, particularly school overcrowding, a high drop-out rate, lack of basic training material, poorly maintained infrastructure and equipment, and shortage of textbooks and other materials.

The Committee recommended, among other things:

-- that Belize review its domestic legislation to ensure full conformity with the principles and provisions of the Convention;

-- that the Government pursue a comprehensive approach to implementation of the Convention by employing measures at the local level to promote and protect children's rights;

-- that the system of data collection be reviewed to incorporate all the areas covered by the Convention;

-- that an independent child-friendly mechanism be made available to children to review complaints of violations of their rights and to provide remedies for violations;

-- that greater effort be made to ensure that the provisions of the Convention were widely known and understood;

-- that the Government of Belize increase its efforts to ensure implementation of the principle of non-discrimination;

-- that appropriate measures be taken to prohibit corporal punishment;

-- that the State party increase its efforts to provide support, including training, for parents, especially fathers, to discourage abandonment of children;

-- that the Government undertake studies on domestic violence, ill-treatment and sexual abuse in order to adopt adequate measures and policies for changing traditional attitudes;

-- that it develop comprehensive policies and programmes to reduce child and infant mortality and to promote and improve breast-feeding practices;

-- that efforts to promote adolescent health, reproductive health, education and counselling be increased;

-- and that appropriate measures be taken to improve the quality of education and to provide access to education for all children in Belize.


The Committee cited among positive aspects to the report of Guinea the establishment of several Governmental structures, at the central level, for the protection and defence of children's rights. It welcomed the adoption of a National Programme of Action for children. The Committee also appreciated the creation, in all prefectures, of Committees on Children, which it said played a role in social mobilization and advocacy.

Among factors and difficulties impeding the implementation of the Convention, the Committee noted that Guinea was among the least developed countries of the world; that it was struggling to implement structural adjustment programmes; and that it had within its territory a large number of refugees from neighbouring countries.

Despite Government enactment of legislation covering several provisions of the Convention, the Committee remained concerned that other domestic legislation did not fully reflect the principles and provisions of the treaty. It was also concerned that the financial and human resources available for the implementation of all rights recognized by the Convention were insufficient to ensure adequate progress in improving the situation of children in the country. While acknowledging the Government's efforts to combat and prevent sexually transmitted diseases, including HIV/AIDS, the Committee was deeply concerned at the spread of the epidemic and its direct and indirect effects on children. It was also concerned by the increasing phenomenon of trafficking and sale of children to neighbouring countries for work or prostitution.

The Committee recommended, among other things:

-- that Guinea take all necessary measures to review its legislation on children's rights to ensure full conformity with the principles and provisions of the Convention;

-- that the State party take all appropriate measures to strengthen the Guinean Committee for Monitoring, Protection and Defence of the Rights of the Child to enable it to fully assume its coordinating and monitoring role;

-- that efforts be reinforced to make the provisions and principles of the Convention widely known and understood by adults and children alike;

-- that the minimum legal ages for marriage be increased;

-- that a more active approach be taken to eliminating discrimination against vulnerable groups of children;

-- that measures be reinforced to raise awareness of the negative effects of corporal punishment;

--that all appropriate measures be taken to establish alternative care centres for children deprived of a family environment;

-- that strengthening of legal provisions regarding domestic and intercountry adoption be continued;

-- that further measures be taken to combat and eradicate malnutrition;

-- that measures be strengthened to combat and eradicate the persistent practice of female genital mutilation and other traditional practices harmful to the health of the girl child;

-- that a comprehensive and multi-disciplinary study be undertaken to understand the scope of adolescent health problems, including the negative impact of early pregnancies;

-- that research be undertaken on the issue of children living on the streets;

-- and that a legislative framework be developed for the protection of refugee children and unaccompanied children.


The Committee cited among positive aspects to the report of Sweden the setting up of a Parliamentary Committee to review existing legislation to ensure conformity with the principles and provisions of the Convention. It commended the support of the Sweden for international efforts to combat commercial sexual exploitation of children, and welcomed adoption by the country in 1997 of a "National Plan of Action against the Commercial Sexual Exploitation of Children".

Among subjects of concern cited by the Committee were that the decentralization of services by municipalities had caused inconsistencies in policies and disparities in provision or accessibility of services to children and their families. The Committee was concerned that the principle of non-discrimination was not fully implemented for children of illegal migrants -- so-called "children in hiding". It also expressed concern about a reported increase in incidences of racism and xenophobia, and shared the concerns of the State party about the effectiveness of existing legislation on "unlawful discrimination" and "agitation against an ethnic group".

The Committee recommended, among other things:

-- that Sweden increase efforts to ensure that municipalities respect Government policies to fully protect children from any discrimination in implementation of the Convention;

-- that the impact of budget cuts be reviewed and the Convention be implemented to the full extent of available resources;

-- that the Government consider changing legislation to increase protection against the harmful effects of early marriage and to eliminate discrimination among children;

-- that it review its policies so as to expand services to illegal immigrant children beyond the current level of provision of emergency health services;

-- that it continue efforts and undertake further measures to protect children from any kind of abuse;

-- that it continue efforts to prevent bullying in schools;

-- and that it review its policy on access to day-care services for children of unemployed parents.

The Committee cited among positive aspects to the report of Yemen the adoption of several initiatives such as the National Population Strategy, the Social Security Network, and the Social Welfare Fund, which aimed at combatting poverty. It welcomed the initiative to eliminate school fees for girls as a way to reduce traditional gender disparities in education.

Among factors and difficulties impeding the implementation of the Convention, the Committee noted, were that Yemen was still facing serious political, economic and social challenges, such as transition from a feudal to a modern society, and suffering effects from its recent process of reunification, both of which affected the situation of children. The panel also noted that certain traditional practices and customs, particularly in rural areas, continued to hamper progress.

The Committee reiterated its concern that Yemen had not complied with its recommendations that the Government ensure that domestic legislation was in full conformity with the principles and provisions of the Convention. It remained concerned that the State party did not appear to have fully taken into account the general principles contained in the Convention. It further expressed concern about persistent disparities in the situation of children in northern and southern regions of Yemen, and in urban and rural areas. The Committee remained concerned that traditional societal attitudes still regarded the widespread use of corporal punishment as an acceptable practice by parents. It also cited concern about the practice of female genital mutilation and other harmful traditional practices affecting the health of girls in some regions of Yemen.

The Committee recommended, among other things:

-- that appropriate measures be taken to ensure that Yemeni legislation was in full conformity with the principles and provisions of the Convention;

-- that reviewing and updating of data-collection systems be continued to include all the areas covered by the Convention;

-- that further steps be taken to disseminate the Convention among adults, including professional groups, community and religious leaders, as well as children;

-- that the State party continue undertaking measures to the maximum extent of its available resources, including international cooperation, to ensure that sufficient budgetary allocations were provided for social services for children;

-- that the Government reinforce measures to raise awareness of the negative effects of corporal punishment and ensure that discipline in schools, families and all institutions was administered in a manner consistent with a child's dignity;

-- that measures be taken to establish alternative care centres for abandoned girls;

-- that the Government allocate appropriate resources, and when needed consider seeking technical assistance, to reinforce its efforts to make basic health care accessible to all children;

-- that all appropriate measures be taken to improve and update school infrastructure and equipment and to accelerate the implementation of compulsory education system;

-- that the Government take measures to ensure adequate legal protection of refugee children, including physical safety, health and education;

-- that steps be taken for the protection of children affected by armed conflicts;

-- and that the State party review its legislation and practices in order protect children from being economically exploited.

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, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990. All States, except the United States and Somalia, have ratified the Convention.

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; that States shall ensure to the maximum child survival and development; that every child has the right to a name and nationality from birth; and that, when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be the 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; and that children shall not be separated from their parents, unless by competent authorities for their well-being. States are called on to facilitate reunification of families by permitting travel into, or out of, their territories; and are bound to 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; children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.

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 a working group of the Commission on Human Rights to develop 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, nominated by the States parties to serve 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 Gonçalves (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.