Month: February 2022

Pakistan

CountryPakistan
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceThe Committee is gravely concerned about the large numbers of children killed as a result of counter-terrorism activities and acts of terrorism and violence, such as the killing of 142 children in an attack on a school in Peshawar in 2014, as well as the deaths of children as a result of drought, including in Tharparkar, malnutrition or lack of maternal and neonatal care. The Committee also expresses serious concern about the reports that the number of infanticides targeting girls is increasing and that such crimes are rarely prosecuted.
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings, day care, some schools, some penal institutions and as a sentence for crime.
Overview of the child rights situation

The Committee remains aware of the difficulties facing the State party, namely catastrophic drought conditions and natural disasters threatening the right to survival and development of the child, as well as the law enforcement operations and terrorist activities in certain regions that have displaced a large number of people. All of these problems seriously impede progress towards the full realization of children’s rights, as enshrined in the Convention.
In Pakistan, violence in all areas and extensive discrimination against girls are remarkable. In addition, refugee children in particular are denied access to education, and some children are kept in slave-like conditions under unimaginable circumstances.

Female genital mutilation and reproductive rights

The Committee remains extremely concerned about serious discrimination against girls in the State party and the persistent gender disparity, the persistence of early marriages and exchanges of girls for debt settlement, as well as domestic violence targeting girls. It is further concerned about the status of girls under sharia law, where girls are entitled to only half of the inheritance provided to boys. The Committee urges the State party to take concrete measures to address and reduce the serious gender disparities and discrimination against girls. In particular, the Committee recommends that the State party take effective measures to review its legislation and practices in order to eliminate any gender disparities in entitlements through the implementation of comprehensive public education and awareness-raising programmes to combat and prevent discrimination against girls, and to inform children, especially girls, about their rights under the Convention.
Furthermore, the Committee remains concerned about other inhuman customs and rituals threatening the lives and security of girls, such as burnings, acid attacks, mutilations, stripping and sexual harassment.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is seriously concerned about the limited freedom of religion in the State party, the sectarian violence targeting children from religious minorities, such as Shia Muslims, Hindus, Christians and Ahmadis, and forced conversions. It is particularly concerned about the blasphemy laws that incur heavy penalties, including the death penalty, for “tainting” the Koran and insulting the Prophet Mohammed, and which are vaguely defined and frequently misused. Furthermore, the Committee is concerned at reports that religious intolerance is taught in schools, that non-Muslim students are forced to complete Islamic studies, and that some school textbooks include derogatory statements about religious minorities.
Situation of children with disabilities

The Committee urges the State party to prevent and protect children with disabilities from abandonment by providing appropriate assistance and guidance to families with children with disabilities and implement awareness-raising campaigns aimed at government officials, the general public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of such children. Pakistan should also encourage and ensure that all children with disabilities have access to inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes and improve the infrastructure and facilities of schools, health-care centres and public buildings in order to provide barrier-free access to children with disabilities throughout the country. Also, the Committee urges to organize the collection of data on children with disabilities and establish an efficient system for diagnosing disability, in order to put in place appropriate policies and programmes for children with disabilities.

Situation of asylum-seeking, refugee and migrant childrenAlthough the Committee appreciates that the State party continues to host a large number of refugees, especially from Afghanistan, it regrets the lack of a legal framework for refugees and stateless persons. It also remains concerned that refugee children are often unregistered (especially those whose parents do not hold proof of registration cards), have no access to education, which forces them to join madrasas, live in harsh conditions and are subjected to child labour and early marriages, making them easy targets for abuse, trafficking and religious radicalization. Furthermore, the Committee is concerned that children from Bengali, Bihari and Rohingya communities remain stateless.<br /> The Committee recommends that the State party take all necessary measures to integrate refugee and asylum-seeking children into national and provincial education systems on equal terms with nationals of the State party and provide refugees, in particular families with children, with adequate housing and provide shelter to those who live in the streets.
Education
Free kindergartenNo
Free primary and secondary schoolYes
Health
physical health

While noting some improvement in the State party’s budget allocations for health care and the “lady health worker” programme, the Committee is concerned that State health-care services are insufficient and inadequate, especially in rural areas, where they are primarily provided by the private sector. In addition, the Committee is concerned about the slow progress being made in reducing the child mortality rate and the increase in the rate of neonatal mortality and the increasing rate of polio infection, due to the ban on vaccination imposed by the Taliban and the killings of personnel providing vaccines for children, as well as large-scale and frequent outbreaks of measles. Further, there are inadequate health facilities and services, especially for internally displaced children, almost half of whom are reported to have serious health conditions. Additionally, the Committee is concerned at the lack of access to safe drinking water and sanitation, and the problem of malnutrition, which reportedly leads to 35 per cent of deaths in children under 5 years of age, and is attributed to, among other things, the mismanagement of food aid for children in need.

Relation to other countries
mental health

The Committee recommends that the State party take urgent action to prevent suicide among children, including by increasing the provision of psychological counselling services and the number of social workers in schools and communities, and to ensure that all professionals working with children are adequately trained to identify and address early suicidal tendencies and mental health problems. The Committee also recommends that the State party collect data and adopt a comprehensive national child mental health policy, ensuring that mental health promotion, counselling, prevention of mental health disorders in primary health care, schools and communities and child-friendly mental health services are integral features of the policy.

Impacts of climate change

The Committee is seriously concerned about the negative effects of polluted air, water and soil on children’s health and the insufficient measures taken to address that challenge. The Committee recommends that the State party conduct an assessment of the effects of polluted air, water and soil on children’s health, as a basis for designing a well-resourced strategy to remedy the situation, and regulate the maximum concentrations of air and water pollutants.

Business sector

The Committee welcomes the legislative acts passed in Punjab and Khyber Pakhtunkhwa provinces that prohibit the employment of children in certain hazardous occupations. However, the Committee remains seriously concerned about the extremely high number of children involved in child labour, including in hazardous and slavery-like conditions in domestic servitude and prostitution, and the reports of abuse and torture of working children, including child domestic workers, in some cases leading to the deaths of such children, mainly girls. It is also concerned about the continuing practice of bonded and forced labour affecting children from poor and vulnerable backgrounds, including Dalit children, and the insufficient programmes and mechanisms to identify and protect child victims of forced labour, particularly bonded labour and child labour in the informal sector, including domestic work.

To improve the situation, the Committee urges the State party to take appropriate measures to eradicate child labour, in particular the worst forms of child labour, by addressing its root causes, including poverty and establish mechanisms for the systematic and regular monitoring of workplaces that employ children, in order to prevent ill-treatment, abuse and exploitation. Also, Pakistan should eradicate all forms of bonded and forced labour of children, in particular those from marginalized and disadvantaged groups, such as Dalit children, and bring those responsible, in particular employers, to justice.

Situation of juvenile justice

The Committee is seriously alarmed by reports of the execution of several individuals for offences committed while they were under the age of 18 years, or where the age of the individual was contested following the lifting of the moratorium on the death penalty in December 2014. It is also seriously concerned that a large number of persons are currently on death row for crimes committed while they were under the age of 18 years and that these persons have limited access to procedures for challenging their sentence on the basis of their age.
The Committee deplores the reports of systematic and widespread torture and ill- treatment of children in police stations and prisons in the country, including reports of torture of children by the Faisalabad district police.

The Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to ensure that children are not detained together with adults and that detention conditions comply with international standards, including with regard to access to education and health services and free, qualified legal aid. Pakistan should also carry out systematic and regular monitoring of detention facilities where children are detained, investigate any reports or allegations of torture or ill- treatment of children and ensure that perpetrators receive punishments commensurate with the gravity of their crimes. Furthermore, the Committee recommends that the State party set up specialist juvenile courts staffed by specially trained juvenile judges, prosecutors, probation officers, defence advocates and other relevant personnel, and ensure that all persons below the age of 18 years are tried exclusively by such courts, without exception.
The Committee also urges Pakistan to prohibit informal courts, such as jirgas and panchayats, and carry out prompt and effective investigations into decisions taken by such courts.

Specific observations

The Committee welcomes the birth registration units and the optional chip-based card system introduced by the State party to encourage birth registration in all provinces. Nevertheless, it remains concerned that only around 30 per cent of children are registered at birth. The Committee is particularly concerned about the low level of public awareness, the complicated procedures and high fees for birth registration and the lack of effective measures to ensure the birth registration of children belonging to marginalized and disadvantaged groups, including children born out of wedlock and refugee and internally displaced children.

The Committee is seriously concerned about the limited freedom of religion in the State party, the sectarian violence targeting children from religious minorities, such as Shia Muslims, Hindus, Christians and Ahmadis, and forced conversions. It is particularly concerned about the blasphemy laws that incur heavy penalties, including the death penalty, for “tainting” the Koran and insulting the Prophet Mohammed, and which are vaguely defined and frequently misused. Furthermore, the Committee is concerned at reports that religious intolerance is taught in schools, that non-Muslim students are forced to complete Islamic studies, and that some school textbooks include derogatory statements about religious minorities.

Additional BackgroundConcluding observations on the fifth periodic report released on 11 July 2016.
Last Updated (date)22nd of February, 2022

Chile

CountryChile
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
ViolenceThe Committee is concerned about the lack of prosecution of perpetrators of sexual offences, including when committed by members of the Catholic clergy. The Committee is further concerned about the insufficient and inadequate programmes and policies for the prevention, recovery and social reintegration of child victims.
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings and day care.
Overview of the child rights situation

In the past, repressive manners were adopted by Chile to address demonstrations by students demanding changes in the education system and detention measures were used abusively. The best interests of the child, based on the UN Convention on the Rights of the Child, is not a cross-cutting consideration in all areas of policymaking. In addition, there are prevailing prejudices and patriarchal structures against girls as well as a society riddled with violence.

Situation of intersexual and transsexual childrenThe Committee recommends that the State party take the necessary legislative, policy and administrative measures to recognize the right to identity of lesbian, gay, bisexual, transgender and intersex children, including the gender identity of transgender children.
Female genital mutilation and reproductive rights

The Committee notes as positive the initiatives to strengthen sexual and reproductive health education in the school curriculum, expand the availability of contraceptive methods and the draft law to decriminalize abortion in certain situations. However, the Committee is concerned about the high rate of adolescent pregnancy, the low quality of sexual education programmes and the lack of adherence to protocols by health professionals, which restrict adolescents’ effective access to information and contraceptives.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned about limitations on the right to identity of indigenous children as part of their cultural identity. Therefore, the Committee recommends that the State party take the necessary legislative, policy and administrative measures to respect the right to identity of indigenous children in accordance with their culture.
Situation of children with disabilities

The Committee welcomes the measures taken by the State party to promote the rights of persons with disabilities. However, it is concerned that public policy still favours the assistance approach and that the National Plan on Disabilities only vaguely mentions children. It is also concerned about the lack of updated and disaggregated data on children with disabilities, the limited availability of inclusive education and occupational training and the insufficient provision of appropriate rehabilitation services for children with disabilities, including mental health care for them and their caregivers. The Committee is further concerned about the cases of mentally disabled and deaf girls being sterilized, despite its prohibition, which affects their reproductive and sexual rights. To improve the situation, the Committee urges Chile to step up its efforts to ensure inclusive education and occupational training for children with disabilities, without discrimination, including through the allocation of the necessary resources, adequate training of professionals and improvement of mobility infrastructure.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned that administrative procedures do not take into consideration the specific needs and rights of asylum-seeking and refugee children and that many of them do not have access to an adequate standard of living, health and education. The Committee recommends to ensure that refugee and asylum-seeking children enjoy an adequate standard of living and effective access to health, social services and education without discrimination. Also, Chile should implement a comprehensive plan for the social inclusion of migrants, including conducting awareness-raising campaigns to promote respect and inclusion.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Health
physical health

The Committee recommends to make use of available knowledge on diagnosis and non-drug approaches to the treatment of ADHD, improve the diagnosis of mental health problems among children, ensure that the relevant health authorities determine the root causes of ADHD in children and take the necessary measures to prevent pressure on children and parents to accept treatment with psychostimulant drugs. Furthermore, it recommends to strengthen measures to address underweight and overweight among children, promote a healthy lifestyle that includes physical activity and take the necessary measures to reduce the pressure of food marketing on children.

Concerning alcohol and drug abuse, the Committee recommends that the State party address the incidence by children by providing them with accurate and objective information and life skills education on preventing substance abuse, including tobacco and alcohol abuse, and develop accessible and youth-friendly drug-dependence treatment and harm-reduction services.

Relation to other countries
mental health

While noting the establishment of the national programme to prevent suicide (2013), the Committee is still concerned at the high suicide rate among adolescents.

Impacts of climate change

The Committee recommends that the State party continue to develop and implement a national plan for disaster prevention and risk management, creating the decentralized structures necessary to promptly and effectively respond to emergencies and disasters, recognize the special vulnerabilities and needs of children and promote coordination between public and private actors. To further improve the situation, Chile should increase children’s awareness and preparedness for climate change and natural disasters by incorporating the topic into the school curriculum and teachers’ training programmes.

Business sector

The Committee notes the steps taken by industrial companies and extractive industries to increase compliance with human rights standards. However, it is concerned about the lack of a national plan or general regulation on business and human rights that considers the impact of business on children’s rights, and about the limited and ad hoc measures. The Committee recommends to enact legislation prohibiting child labour, including domestic labour.

Situation of juvenile justice

The Committee is concerned that detention centres are often operated as juvenile prisons, lack programmes specially designed for the rehabilitation and reintegration of children in conflict with the law and do not have the necessary resources to provide basic health care, education and professional training. Also, there is a lack of adequate mechanisms for children to report human rights abuses, in particular when deprived of liberty. Chile should quickly establish a separate juvenile justice system with specialized judges, prosecutors and defence attorneys and ensure that all law officials receive appropriate education and training. Furthermore, the Committee urges Chile to improve the infrastructure of detention centres to ensure adequate security, dignity and privacy to children and access to health services, education and professional training, taking into account their particular needs based on gender.

Specific observations

The Committee is concerned about children born in the territory of the State party being denied birth registration owing to their parents’ irregular migrant status. The Committee urges the State party to take all legislative and administrative measures to ensure that children born in its territory have due access to birth registration, irrespective of their parents’ migrant status.
The Committee notes that the best interests of the child are a fundamental principle in the legal system of the State party and that it is integrated into some laws. However, the Committee is concerned that it does not apply in all areas, including in decisions sentencing parents to long terms of imprisonment, and that the reasoning of the court does not always explain the criteria used for determining the child’s best interests.

Additional BackgroundConcluding observations on the fourth and fifth periodic reports released on 30 October 2015.
Last Updated (date)22nd of February, 2022

Mexico

CountryMexico
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceThe Committee is seriously concerned that the situation of armed violence, drug trafficking and the fight against organized crime has resulted in the killing of numerous children, including in cases of extrajudicial killings, such as the Tlatlaya case, and continues to threaten the right to life, survival and development of many children.
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings and day care.
Overview of the child rights situation

In Mexico, the prevailing patriarchal structures hinder equality and lead to discrimination against girls. In addition, more than half of the children live in poverty, which is a considerably higher rate than among adults. Furthermore, children are exposed to a variety of violence, at home, from street gangs and official forces. There are no sensible concepts for juvenile justice.

Female genital mutilation and reproductive rights

The Committee expresses deep concern about the persistent patriarchal attitudes and gender stereotypes that discriminate against girls and women, resulting in an extremely high prevalence of violence against women and girls in the State party.
The Committee urges the State party to accord the utmost priority to the elimination of patriarchal attitudes and gender stereotypes that discriminate against girls and women, including through educational and awareness-raising programmes.

The Committee is concerned about the high number of disappearances of children, especially girls from 10 years of age and reports of a very high number of feminicides of women and girls, the lack of official disaggregated data and the prevalent impunity in this regard.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee remains concerned that indigenous and Afro-Mexican children continue to face discrimination and violence, and remain the most affected by extreme poverty, malnutrition, maternal and child mortality, early marriages, adolescent pregnancies, environmental pollution and lack of access to quality education and civil registration services.
Situation of children with disabilities

Still, many children with disabilities do not have free access to health and rehabilitation services and do not receive education. To improve the situation, the Committee recommends to ensure that all children with disabilities effectively enjoy their rights to health and rehabilitation services, attend school and are free from violence and exploitation. Specific measures should be adopted to address the particular challenges faced by indigenous children in these areas.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends that the State party increase its efforts to identify, assist and protect asylum-seeking and refugee children, including by adopting the necessary legislative, administrative and logistical measures. Legal guardians, free legal representation, interpretation and consular assistance should be ensured for them. Also, they should take the measures necessary to end the administrative detention of asylum-seeking children and expeditiously place unaccompanied children in community-based shelters, and accompanied children in appropriate facilities that ensure family unity and are compliant with the Convention.<br /> <br /> The Committee is concerned about reports that many migrant children are deported without a preliminary process to determine their best interests, in spite of the legal recognition of the principle in the law on migration and the General Act on the Rights of Children and Adolescents.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesMexico should conduct a study on the scope of violence against children through the Internet and strengthen its efforts to prevent and address the phenomenon, targeting children inside and outside of school.
Health
physical health

Access to health services is not equal for all children, owing to the existence of various health systems providing services that differ in terms of coverage and quality. This situation results in a high percentage of children not having access to health-care services or having access only to poor quality health-care services. The Committee recommends to ensure the availability and accessibility of quality health services for all children, in particular rural and indigenous children, including by allocating adequate resources.

For the improvement of adolescent health, the Committee recommends to evaluate the consumption patterns of drugs by adolescents and strengthen the existing programmes aimed at preventing drug use and assisting children who use drugs. Those programmes should provide children, in particular in schools, with accurate and objective information as well as life skills education on preventing substance abuse — including tobacco and alcohol — and develop accessible and youth-friendly drug dependence treatment and harm reduction services.

Relation to other countries
mental health

Concerning mental health, the Committee recommends to adopt measures to provide quality access to mental health services with the aim of eliminating the prevalence of suicides and depression among adolescents.

Impacts of climate change

The Committee is concerned that the State party has not taken sufficient measures to address air, water, soil and electromagnetic pollution, which have a grave impact on children and maternal health. The import and use of pesticides or chemicals banned or restricted for use in third countries, which particularly affect indigenous children in the State of Sonora, is also a reason of deep concern.

Business sector

The Committee notes the constitutional reform raising the minimum age of employment to 15 years. However, it remains deeply concerned that hundreds of thousands of children, at times as young as 5 years old, continue to work and that a high percentage of them is involved in the worst forms of child labour, such as mining and agriculture, and does not receive a salary. It is further concerned at the insufficient measures taken to address child domestic labour, which particularly affects girls, as well as the involvement of children, especially children of migrant farmworkers, in agriculture.

Situation of juvenile justice

The Committee is concerned about the lack of harmonization of the juvenile justice legislation in all states and the fact that children can be sentenced to between 5 and 20 years of imprisonment for the same crime, depending on the state where they live or have committed a crime and the precarious conditions in which children are placed in detention centres and the frequent cases of violence against adolescents. Among other things, the Committee recommends to ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings. Indigenous and migrant children should be provided with interpretation and/or consular assistance as required.

Specific observations

The Committee is deeply concerned about corroborated reports that hundreds of children have been sexually abused for years by clerics of the Catholic Church and other religious institutions. The Committee is particularly concerned about the general impunity that perpetrators have enjoyed so far, as recognized by the State party’s delegation, about the low number of investigations and prosecutions and about the alleged complicity of State officials, as well as about the lack of complaints mechanisms, services and compensation available to children.
The Committee is also concerned that the number of indigenous, Afro-Mexican and migrant children and children living in remote areas who are registered at birth remains low.

Additional BackgroundConcluding observations on the fourth and fifth periodic reports released on 3 July 2015.
Last Updated (date)22nd of February, 2022

Honduras

CountryHonduras
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceThe Committee is deeply concerned about the increase in violence, homicide and feminicide rates in Honduras, and the fact that half of the people murdered are adolescents and youth, the majority killed with firearms.
Safety
Corporal punishmentCorporal Punishment is prohibited.
Overview of the child rights situation

Honduras is considered one of the most violent countries in the world that is not in a conflict situation. In addition, there is a "Guardians of the Fatherland" program that sends disadvantaged children to military exercises instead of school. Information and data sources are lacking on almost all points, so that hardly any statements are made, for example, about the situation of girls and children in street situations.

Female genital mutilation and reproductive rights

Sex-based discrimination language is continuously used in certain laws, institutional plans and programmes for children. Also, the Committee is concerned about the high number of cases of child abuse, in particular involving girls, including in the family environment, and about the lack of consolidated and disaggregated information on all forms of abuse against children. It is concerned as well about the high prevalence of child marriages, in particular among girls.
In addition to that, the Committee remains concerned about the high levels of pregnancy among adolescent girls, in particular among adolescents with no education or with only primary schooling, and notes the neglect of sexual and reproductive health education in the design of the national curriculum for basic education. The Committee is also deeply concerned that girls can in no circumstances have access to abortion services, including in cases of rape or incest and when their health or life are in danger, a situation which places them at grave risk of resorting to clandestine abortion at the risk of their life and can lead them to being criminalized.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned about the increased militarization and excessive use of force in the context of disputes over land and natural resources, especially in communities where indigenous people and people of African descent are settled, and the impact of evictions on children’s welfare.
Situation of children with disabilities

Almost half of the children with disabilities are deprived of education. To improve the situation, the Committee recommends to take urgent measures to ensure that all children with disabilities are effectively enrolled in mainstream schools. It further recommends to train specialized teachers and professionals in inclusive education and assign them to inclusive classes providing individual support and all due attention to children with disabilities.

Situation of asylum-seeking, refugee and migrant childrenThe Committee welcomes the measures taken to document regular and irregular migration processes and to provide assistance and protection for repatriated children. To further improve the situation, the Committee recommends to take all measures necessary to ensure that migrant children are informed about their legal status, fully understand their situation and have access to public defence services and/or guardians throughout the process. Children should also be informed that they may contact their consular services.<br /> <br /> The Committee welcomes the measures taken to document regular and irregular migration processes and to provide assistance and protection for repatriated children, including by increasing collaboration with countries in the region.
Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Health
physical health

The Committee welcomes the decline in infant and under-five mortality rates and the adoption of the Breastfeeding Law, but is concerned about the delay in adopting a primary-health-care strategy and the limitations imposed on the expanded programme of immunization. Also, the State Party should improve the coverage and quality of services, paying particular attention to rural and indigenous neglected populations.

Relation to other countries
mental health

The Committee recommends that the State party provide adequate access to mental-health services for all children and develop specialized and youth-friendly drug-dependence treatment and harm reduction services for children and young people.

Business sector

The Committee welcomes the measures the State party has taken to combat child labour, but it remains concerned about the lack of harmonization of the Labour Code with international standards. The State Party should establish monitoring mechanisms for the investigation and redress of children’s rights violations, with a view to improving accountability and transparency.

Situation of juvenile justice

The Committee urges Honduras to ensure the provision of qualified and independent legal aid for children in conflict with the law at an early stage of the procedure and throughout the legal proceedings, and also to promptly investigate and prosecute cases of death during detention and provide information on the measures taken to address those cases.

The Committee is concerned that the police and prosecution are still allowed to arbitrarily detain children, based on their presumed affiliation to Maras or their appearance, which results in the further stigmatization of these children.

Specific observations

Honduras has realized several trainings for officials and employees of the judiciary and civil servants but not for all professionals working with children as the Committee recommends. And despite all the measures taken by the State party, the Committee is deeply concerned about the increasing number of poor households and geographic disparities in access to water and sanitation, which primarily affect indigenous and Afro-Honduran children. It is also concerned about the high level of chronic malnutrition, which affects twice as many children in rural areas as children in urban areas.

The Committee is also concerned about the creation of the Guardians of the Fatherland programme, aimed at training 25,000 children at social risk annually, under which children participate in activities carried out by military units and in installations of the armed forces. They recommend to abandon the Guardians of the Fatherland programme and ensure that children and adolescents do not participate in activities carried out in battalions and other military installations, and instead promote community and education-sector participation in the formation of values and prevention of violence.

Additional BackgroundConcluding observations on the fourth and fifth periodic reports released on 3 July 2015.
Last Updated (date)22nd of February, 2022

Eswatini

CountryEswatini
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is legal in in the home, alternative care settings, day care, schools and penal institutions.
Overview of the child rights situation

Eswatini's report shows clearly that the implementation of the UN Convention on the Rights of the Child still needs further efforts. School education is not free of charge and overcrowding and ill-treatment are reported in the justice system. On a positive note, both the usage of the Internet and the impact of climate change are included in the report and will hopefully be addressed by the State Party in the future.

Female genital mutilation and reproductive rights

The Committee is seriously concerned at the high prevalence of sexual exploitation and abuse of children and that sexual exploitation and abuse is often considered to be a “private issue” that should be dealt with within the realm of the family.

The Committee is concerned about the high HIV infection rates and the high rate of early pregnancies, and adolescents’ limited access to contraceptives.

To improve the situation, the Committee recommends that the State party provide free, confidential HIV/AIDS and sexual and reproductive health services and ensure girls’ access to family planning services, affordable contraceptives and safe abortion and post-abortion care services, and ensure that their views are always heard and given due consideration in abortion decisions. The Committee further recommends to ensure that comprehensive sexual and reproductive health education is part of the compulsory school curriculum.

Discrimination
Situation of children with disabilities

The Committee is concerned about the absence of disaggregated data on children with disabilities and the limited access to early identification and referral programmes for children with disabilities. Also concerning are insufficient measures to ensure that children with disabilities fully enjoy their rights, in particular to health, quality of life, and inclusive education and reports that some children with disabilities are isolated and that they face stigma, discrimination and abuse.
To improve the situation, the Committee urges the State party to ensure that children with disabilities have access to health care, inclusive education, early detection and early intervention systems, and various forms of social protection of high quality. Furthermore, the State party should undertake ongoing awareness-raising campaigns targeting public officials, the public and families to promote a positive image of these children as rightsholders.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned about the access to various services, particularly education, of asylum-seeking and refugee and migrant children at the Malindza Refugee Centre. The Committee recommends that the State party enhance access to services for asylum-seeking, refugee and migrant children.
Education
Free kindergartenNo
Free primary and secondary schoolNo
Digital possibilitiesThe Committee recommends that the State party address inequalities generated by the COVID-19 crisis during on-line schooling, including by ensuring the availability of phone/computer equipment and sufficient Internet access, with particular attention to rural areas and children with disabilities.
Health
physical health

The Committee welcomes increased investments in the health care sector, the roll out of child developmental and health programmes, and notes reduced rates of maternal, neonatal and child mortality. However, the Committee remains concerned about the scarcity of health care facilities and at the stock-outs of certain medicines as well as high neonatal, infant and under-five mortality rates.
To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends to Eswatini to improve access to, and the quality of, primary health services, in particular in rural areas, by allocating sufficient human and financial resources for health infrastructure, and by developing an integrated medicine supply management system to improve the availability and access of medicines. It further recommends to urgently strengthen the efforts to further reduce infant and child mortality, especially by improving ante- and postnatal care, enhancing the capacity of health-care providers, increasing the availability and accessibility of emergency obstetric care.

Concerning adolescent health, the Committee welcomes the establishment of Youth friendly clinics and the roll out of life skills education in all secondary schools. The Committee is however concerned about health services that are generally not adolescent friendly. To improve the situation, the Committee recommends that the State party ensure adolescent-friendly health services.

Relation to other countries
mental health

The Committee is concerned about the stigma surrounding mental health and the lack of mental health services for adolescents. The Committee recommends to ensure that all adolescents have access to confidential mental health services and counselling in primary health care, schools and communities.

Impacts of climate change

The Committee is concerned about industrial pollution, which threatens access to safe drinking water from rivers; municipal waste and agricultural chemicals, which pose serious risks to both the environment and children's health; and high vulnerability to recurrent droughts and related food insecurity, which affects full implementation of the Convention.

The Committee recommends that the State party promote the sustainable management of natural resources such as land and water, considering the consequences for the present and future generations. Also, Eswatini should increase the efficiency in biomass usage to protect the forest ecosystems and accelerate the transition to renewable energy; reduce vulnerability of children to the impacts of climate change by building their adaptive capacity and resilience; ensure that their special vulnerabilities and views are taken into account in preparing early warning systems and disaster risk management plans. Further, it should increase children’s awareness of climate change and environmental degradation by incorporating environmental education into school curriculum.

Business sector

The Committee is seriously concerned about reports of high rates of child labour, particularly among girls in the rural areas and in the age group 5–11 years, the lack of data on the extent and type of work carried out by children, and at the insufficient resources allocated to the Child Labour Unit.

To improve the situation, the Committee recommends that Eswatini prohibit the employment of children in harmful or hazardous work and expedite the amendments to the Employment Act to include additional safeguards for children, in particular young girls in the rural areas. Also, Eswatini should significantly increase the human, technical and financial resources allocated to the Child Labour Unit in order to fully, regularly and effectively implement the laws and policies on child labour, particularly in the domestic and agricultural sector, increase sanctions for violators and prosecute perpetrators as well as collect data on the extent and type of work carried out by children.

Situation of juvenile justice

The Committee is seriously concerned about reports of ill-treatment, including of girls, solitary confinement and overcrowding in the correctional facilities of Vulamasango School, Malkerns Young Person’s Centre and Mawelawela Correctional Centre and reports of arbitrary arrests, detention and incarceration of children as well as detaining them with adults. Further, the Committee is concerned about stringent prison sentences for some first-time child offenders and the underutilization of alternatives to detention and children from vulnerable groups, including children living in poverty and children with disabilities, facing additional challenges in accessing justice.

The Committee urges the State party to prohibit overcrowding and ill-treatment of children in correctional facilities and ensure that children are not confined together with adults. It further urges the State party to ensure the independent monitoring of places where children are deprived of their liberty and establish child- and gender-sensitive complaint mechanisms regarding ill-treatment of children in custody and detention. Additionally, it urges the State party to investigate and address ill-treatment of children in the child justice system, ensure that perpetrators are held accountable, child victims are protected and adequately compensated and eliminate disparities among all children in access to justice, especially vulnerable children and children with mental and/or physical disabilities.

Specific observations

The Committee urges the State party to ensure that safety and wellbeing of children is always respected and investigate the reported killing and injuries of children that occurred during the public demonstrations which started on 29 June 2021. The Committee urges the State party to investigate and effectively address reports of arrest, ill-treatment and incarceration of children and detaining them with adults in the context of the unrest of 29 June 2021.

Additional background

Concluding observations on the second and fourth periodic reports released on 29 September 2021. More information about education in Eswati: http://www.gov.sz/index.php/departments-sp-799263136/early-childhood-care-education
and http://www.gov.sz/index.php/departments-sp-799263136/early-childhood-care-education

Last Updated (date)22nd of February, 2022

Benin

CountryBenin
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
Safety
Corporal punishmentCorporal Punishment is prohibited.
Overview of the child rights situation

In the report on Benin, many problems are clearly visible, for example that many children are underweight and growth-stunted. Generally, the health system is in a bad condition. The situation of emigrant, asylum-seeking and refugee children is not addressed in the report at all, and climate change does not play a role in the report either. On all other points, however, the information is very detailed and contains many facts and figures.

Female genital mutilation and reproductive rights

The Committee is concerned at the persistence of the traditional practice of vidomegon affecting girls and at the limited measures taken to eradicate it and to hold accountable those exploiting them.

The Committee recommends that the State party adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and targeted at adolescent girls and boys, with special attention to preventing early pregnancy and sexually transmitted infections. Also, the State party should take measures to raise awareness of and foster responsible parenthood and sexual behaviour, with particular attention to boys and men, and decriminalize abortion in all circumstances and review its legislation with a view to ensuring children’s access to safe abortion and post-abortion care services, and ensure that the views of the pregnant girl are always heard and respected in abortion decisions.

Discrimination
Situation of children with disabilities

The Committee notes that the current legislation punishes all forms of infanticide and that certain measures have been taken to prevent them. However, it remains concerned that children born with disabilities and so-called “sorcerer’s” children are likely to be killed or abandoned by their parents.

The Committee is also concerned about the very little information on children with disabilities and about measures taken for their inclusion in regular schools.
The Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and organize the collection of data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities. Also, Benin should set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes. In addition to that, Benin should take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes and undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.

Education
Free kindergartenNo
Free primary and secondary schoolNo
Health
physical health

The Committee is deeply concerned that the infant, neonatal and maternal mortality rates remain very high and that 20 per cent of children under 5 years of age are underweight and 40 per cent suffer from moderate to severe stunting. It is also concerned about the high incidence of malaria and malnutrition in the State party, the limited access to clean water and adequate sanitation, and that the universal health insurance scheme is still not operational.

To guarantee the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party strengthen its efforts to further reduce infant and child mortality, focusing on prevention and treatment, including vaccination uptake, improving nutrition and sanitary conditions, increasing access to drinking water, especially in the rural areas and in schools, and fighting against communicable diseases, malnutrition and malaria. In addition to that, Benin should also make the universal health insurance scheme operational.

Relation to other countries
Business sector

The Committee is deeply concerned about the prevalence of child labour among children under 14 years of age, including the worst forms of child labour, the distortion of the traditional practice of vidomegon into forced labour, and about the increasing number of children working in the informal sector despite the legal prohibition on work under 14 years of age. It is concerned that no complaints or formal penalties have been recorded against persons requiring children under 14 years of age to work. The Committee is also concerned that there is no information on measures taken to punish persons who exploit children, on whether the decisions taken by the national steering committee to combat child labour are being implemented, and whether the latter has been allocated sufficient resources. The Committee is also concerned at the fact that the minimum age for employment is set at 14 years of age, despite the declared intention to extend the minimum age for completion of compulsory education to 15.

Situation of juvenile justice

The Committee urges the State party to guarantee the provision of qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings and to promote alternative measures to detention, such as diversion, probation, mediation, counselling or community service, wherever possible, and ensure that detention is used as a last resort and for the shortest possible period of time, and that it is reviewed on a regular basis with a view to revoking it. It further urges Benin to investigate all allegations of torture or ill-treatment, and prosecute and punish law enforcement officers responsible for such abuses against children deprived of liberty and to ensure that prison authorities facilitate individual private interviews with detained children and staff during visits by representatives from independent bodies such as non-governmental organizations. Also, in cases where detention is unavoidable, to ensure that children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

Specific observations

The Committee is concerned that many children are still not registered at birth, in particular children living in remote rural communities, children from disadvantaged families and children in residential care. It is also concerned that many barriers to birth registration remain, such as insufficient information or awareness as to the importance of birth registration certificates, insufficient enabling frameworks to ensure that all births are registered, and high transaction costs to obtain certificates, owing to an environment of corruption and poverty. The Committee is also concerned that the existing legislation contains discriminatory provisions which provide that the loss of Beninese nationality by a husband can be extended to a mother and children.

The Committee is further concerned at the practice of sequestration of children, especially girls, in voodoo convents because of family traditions and beliefs. The Committee is particularly concerned that such children are deprived of education and contacts outside of the convents, and are subjected to ill treatment, including scarification rites and sexual abuse.
The Committee notes the State party’s efforts to ensure respect for the views of the child through the Children’s Parliament and the Youth Parliament, but remains concerned that the State party has not taken the measures necessary to overcome traditional societal attitudes which limit children from freely expressing their views in schools, in courts or within the family and the community.

Additional background

Concluding observations on the third to fifth periodic reports released on 25 February 2016. More information about education in Benin: http://www.unesco.org

Last Updated (date)22nd of February, 2022

El Salvador

CountryEl Salvador
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings and day care.
Overview of the child rights situation

El Salvador has a huge problem with violence ensuing from street gangs but also from family members. In addition, women are commonly seen as personal property and sexual objects by a patriarchal society. This also affects girls who take on household chores and sexual services and are often abused at a very young age. In the Concluding Observations, certain points are elaborated on, while others are only touched on briefly.

Female genital mutilation and reproductive rights

The Committee urges the State party to strengthen its efforts to eliminate discrimination against girls, particularly regarding their access to education and to sexual and reproductive health services, and in relation to sexual violence, civil unions and teenage pregnancy. Furthermore, it is deeply concerned about the vulnerability of girls, aged from 12 years onwards, known as “brides”, to being targeted by street gangs for sexual purposes.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee recommends that the State party strengthen its measures to promote quality education for indigenous children, including intercultural and bilingual education, and to improve their standard of health, and to eliminate food insecurity and poverty, with the full and effective participation of indigenous children.
Situation of children with disabilities

While welcoming the measures taken by the State party regarding the health and education of and data collection on children with disabilities, the Committee recommends to continue to invest in measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes, and inclusive education. In addition to that, the Committee recommends to develop awareness-raising programmes, with the participation of children with disabilities, aimed at health and educational professionals, the public and families, to combat the stigmatization of and prejudice against children with disabilities, and to promote a positive image of those children.

Situation of asylum-seeking, refugee and migrant childrenThe Committee welcomes the creation of the comprehensive migrant care centre and the child, adolescent and family care centres. To further improve the situation, the Committee recommends to improve access to care centres and shelters and step-up measures to expand family-based alternative care for unaccompanied children who have returned or been deported.
Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Digital possibilitiesThe Committee recommends to strengthen awareness-raising programmes for children, parents and teachers on Internet safety, particularly regarding cyberbullying and stalking by adults for sexual purposes.
Health
physical health

El Salvador should strengthen the measures taken to continue decreasing health costs, including the cost of medicines, and increase the availability of vaccines without compromising quality. In the departments of Chalatenango, Santa Ana, La Libertad and Usulután, the rate of preventable deaths of new-borns and children under 5 years of age is significantly higher.

Relation to other countries
mental health

The Committee recommends that the State party develop comprehensive awareness-raising programmes on the harmful effects of civil unions involving girls on their physical and mental health and well-being. These actions should target girls and boys, families, health and education professionals and judges.
Also, the Committee is concerned about inadequacy of mental health services for pregnant teenagers and teenage mothers, with suicide being the most common cause of death among teenage mothers.

Business sector

The Committee notes the consistently high number of children involved in child labour, despite efforts towards its reduction, and recommends that the State party strengthen its measures to combat the economic exploitation of children, especially in rural areas, and in particular girls working in domestic service and boys working in agriculture and commerce.

Situation of juvenile justice

El Salvador should take the measures necessary to establish a specialized juvenile criminal justice system in accordance with the law, encompassing non-custodial measures such as diversion, mediation and counselling. Also, education and vocational training in juvenile detention facilities need to be improved.

Specific observations

The Committee is deeply concerned about the very high number of killings, with 4,094 recorded between 2010 and 2017, mostly affecting boys, and by the insufficient information provided by the State party on the investigations and prosecutions conducted. To reduce the number, the Committee urges the State Party to urgently step up its efforts to eliminate the availability of arms, including small arms.

Also, the Committee urges El Salvador to promote and protect the right of children to freedom of association and peaceful assembly and to ensure that, in the current climate of violence, law enforcement officials and other professionals are trained adequately to respect those rights.

Additional BackgroundConcluding observations on the fifth and sixth periodic reports released on 29. November 2018.
Last Updated (date)22nd of February, 2022

France

CountryFrance
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
Safety
Corporal punishmentCorporal Punishment is prohibited in all settings.
Overview of the child rights situation

France has made large public investments in children. However, the concluding observations show that the implementation of children's rights varies between France and the Overseas Territories, and many children are not aware of their rights. It is noteworthy that children with autism are mentioned in an additional section in the concluding observations. Of concern is the lack of official statistics and the presence of reports that an estimated two children die each day, possibly as a result of domestic violence.

Situation of intersexual and transsexual childrenThe Committee recommends to prohibit medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent.
Female genital mutilation and reproductive rights

Contraceptives are available free of charge and confidentially to children over 15 years old. The Committee recommends France to strengthen its efforts to challenge gender stereotypes and to increase awareness of female genital mutilation in the State party.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned at the persistence of racial discrimination against and stigmatization of Roma children.
Situation of children with disabilities

The Committee is concerned by cases of ill-treatment of children with disabilities in institutions and the insufficient independent monitoring of such institutions. The Committee is further concerned that the “packing” technique (wrapping the child in cold, wet sheets), which amounts to ill-treatment, has not been legally prohibited and is reportedly still practiced on some children with autistic spectrum disorders. Besides prohibiting the “packing“ method, the Committee recommends to create accessible and child-friendly reporting systems and services, including confidential channels for denouncing cases of ill-treatment and protection from reprisals.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned about the situation of unaccompanied migrant children in the State party who cannot access special protection and assistance. For example, they are automatically placed in waiting zones at airports or hotels, and other administrative detention facilities, sometimes detained with adults, and there are reports of their removal, even before they speak to an ad hoc administrator. Further, the Committee is concerned at the precarious situation of children and their families in refugee camps in the northern part of the State party, such as in Calais and in Grande-Synthe, the refusal by authorities to register children and the lack of sufficient resources for venues and services to provide them with appropriate and adapted protection.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesWhile welcoming the efforts by the State party to protect children from harmful information in the media and on digital networks, the Committee is concerned by the persistence of hypersexualized images of children, particularly girls, in the media. Also, many features for regulating children’s access to inappropriate information on television, the Internet and smartphones, such as parental controls, are not effective in practice. Therefore, the Committee recommends to strengthen awareness-raising, information and education programmes to sensitize children, parents and the general public on opportunities and risks relating to the use of digital media and information and communications technology.
Health
physical health

Children are not automatically allowed to be accompanied by parents when hospitalized overnight. An overall worse health service persists in the oversea departments, including high levels of infant mortality, early pregnancies and preventable infectious diseases. Therefore, the Committee recommends to increase efforts to reduce existing disparities in access to health-care services for children and mothers in the overseas departments and to make basic healthcare accessible for everyone, including children without valid residence permit.

The Committee is concerned about the increased rates in tobacco and alcohol use and experimentation with cannabis throughout the middle school years.

Relation to other countries
mental health

The rate of mental health and psychosocial disorders is high among children and increases with age, affecting mainly children over 15 years. The Committee recommends to increase the training of medical personnel on issues relating to child psychiatry, and guarantee that children receive treatment by qualified professionals and in establishments designated for children.

Impacts of climate change

The Committee recommends to establish a clear regulatory framework for industries operating under the jurisdiction and control of the State party to ensure that their activities do not negatively affect human rights or endanger environmental and other standards, especially those relating to children’s rights. France should also ensure that companies effectively implement international standards, including on human rights, the environment and health, that due diligence processes are required, and that effective means exist for monitoring implementation and appropriately sanctioning and providing remedies whenever violations occur.

Business sector

The Committee is concerned about cases in which subsidiaries of French companies have directly contributed to the violation of children’s rights, including activities conducted by rubber companies in Cambodia. Therefore, it recommends to establish a clear regulatory framework for industries operating under the jurisdiction and control of the State party to ensure that their activities do not negatively affect human rights or endanger environmental and other standards, especially those relating to children’s rights.

Situation of juvenile justice

The Committee recommends to end the detention of children in wards within adult detention facilities and to establish specialized juvenile court facilities and procedures with adequate human, technical and financial resources and properly trained and available ad hoc administrators.

Specific observations

In France, 20 per cent of children live in poverty and there are large numbers of homeless children. The Committee is also concerned about the insufficient registration of children belonging to populations in the overseas departments and territories, which impedes them from exercising their rights.

Legislation continues to restrict the rights to freedom of expression, association and peaceful assembly for children under 16 years of age.
The Committee is seriously concerned about allegations of sexual abuse committed against children by French soldiers in the Central African Republic and notes that the preliminary investigations are still ongoing.

Additional BackgroundThe State party has a reservation to article 30 and two declarations in relation to articles 6 and 40.<br /> Concluding observations on the fifth periodic report released on 23 February 2016.
Last Updated (date)22nd of February, 2022

Spain

CountrySpain
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is prohibited in all settings, but persists, particularly in the home.
Overview of the child rights situation

In Spain, there are differences between the autonomous regions, for example in health and education.
While investment in social protection measures remains below the European average, national indicators of social exclusion, poverty and inequality have risen. It should also be noted that Spain is still suffering from the consequences of the 2008 financial crisis. Spain does well in the area of health, where the committee found almost no room for improvement. However, a major problem has been found in the area of migration and the situation of refugees, especially in the exclaves, where the basic rights of children are not respected.

Situation of intersexual and transsexual childrenThe Committee recommends to prohibit medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent.
Female genital mutilation and reproductive rights

Gender stereotypes are persistent in the education system, including in school curricula and textbooks.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee expresses its concern at the persistence, despite efforts undertaken by the State party, of racial discrimination against and stigmatization of Roma children and children with migrant backgrounds.
Situation of children with disabilities

The Committee urges the State party to fully implement a human rights-based approach to disability that ensures equal access to good-quality inclusive education in mainstream schools for children with disabilities. Spain should ensure that children with disabilities have access to health care, including early detection and intervention programmes.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is also seriously concerned about the fact that children are not recognized as applicants for international protection in their own right. The Committee urges Spain to establish adequate reception facilities for children, principally in the autonomous cities of Ceuta and Melilla and for those children arriving in Andalusia by sea, with specialized legal assistance, adequately trained interpreters and child-friendly services and expedite the processing and transfer of asylum-seeking children and their families.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee recommends that the State party establish the audio-visual media State council and allocate resources for its functioning as the regulator of the suitability of television content for children. It also recommends that the State party develop initiatives to regulate access to and use of the Internet and digital media and update school curricula concerning the protection of children in this regard. It further recommends to establish a strategy to combat bullying and harassment, including cyberbullying.
Health
physical health

The Committee recommends that the State party increase the number of paediatricians and ensure that general practitioners providing health services to children acquire additional specialized skills and expertise relating to and receive further training on child and adolescent care.

Relation to other countries
mental health

Psychologists are available in all public schools. The Committee recommends to reduce excessively long response times for access to mental health services for children and increase the availability of services. It also recommends to address the increased diagnosis of ADHD and other behavioural specificities, and the use of drug treatments for the children diagnosed.

Impacts of climate change

The Committee recommends that the State party carry out an assessment of the impact of air pollution from coal-fired power plants on children’s health and on the climate as a basis for designing a well-resourced strategy to remedy the situation, and strictly regulate maximum air-pollutant emissions, including those by produced private businesses.

Business sector

The Committee recommends to establish and implement regulations to ensure that the business sector, including in the context of public procurement, fulfils the rights of the child.

Situation of juvenile justice

The Committee recommends to expedite the court proceedings in sexual abuse cases involving child victims, in order to reduce the period of time for which they must wait before testifying. They also recommend to increase the number of specialized judges for children and ensure the availability of specialized juvenile court facilities and child-friendly procedures.

Specific observations

The Committee is seriously concerned that the level of investment in children by the State party has not been high enough to offset the negative impact of the severe economic and social crisis that began in 2008 and that has led to increased poverty and social inequality.

The Committee recommends that the State party ensure that children born through international surrogacy have access to information about their origins.

Additional BackgroundConcluding observations on the fifth and sixth periodic reports released on 5 March 2018.
Last Updated (date)22nd of February, 2022

Serbia

CountrySerbia
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is currently permitted in the home, alternative care settings and some day care settings. It continues to be widely accepted in society as a means of disciplining children.
Overview of the child rights situation

In Serbia, children are not seen as right holders and as a group with special needs. All articles of the Convention regarding participation are implemented insufficiently. Furthermore, the discrimination against Roma is prevalent, and public funding is insufficient in all relevant sectors.

Situation of intersexual and transsexual childrenTrans and intersexual children are discriminated against.
Female genital mutilation and reproductive rights

The Committee recommends that the State party establish a system to track all cases involving child marriage among ethnic groups, particularly Roma girls; provide child victims with shelter, as well as appropriate rehabilitation and counselling services, and develop awareness-raising campaigns highlighting the harmful consequences of child marriage.
In regards of reproductive health, the Committee recommends to ensure unimpeded access to sexual and reproductive health services, and to address the incidence of drug use by children and adolescents.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is deeply concerned that stigmatization of and discrimination against Roma people, including children, are still widespread, resulting in violence and hate speech against them, and that they face difficulties in gaining access to social protection services and social integration programmes.
Situation of children with disabilities

The Committee is concerned about the inhuman or degrading treatment experienced by children living in institutional care homes and about reports indicating that children with disabilities, particularly those with intellectual impairments, are more likely to be victims of physical and sexual violence. Children with disabilities also continue to be significantly overrepresented in residential care. The Committee recommends to reform the system of social assistance for children with disabilities and their families in order to improve its coherence and coordination and avoid unnecessary institutionalization. It further recommends to give priority to measures to facilitate the full inclusion of children with disabilities.

Situation of asylum-seeking, refugee and migrant childrenThe absence of a proper identification procedure and an insufficient number of interpreters at the border increase the risk that unaccompanied children will not be identified as such when entering the country. Limited space in asylum centres has forced many asylum-seeking and refugee children to sleep on the streets, while others are afraid to go to the centres for fear of being deported, leaving them vulnerable to smuggling rings reportedly operating in Serbia. <br /> The Committee recommends to ensure that all asylum-seeking children are systematically provided with information on their rights and obligations and asylum procedures and to guarantee the right to acquire Serbian citizenship for all children currently residing in the State party who would otherwise be stateless.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee is concerned about the widespread instances of violence in schools, particularly at the primary school level, as well as instances of cyberbullying.
Health
physical health

Serbia’s infant mortality rate remains above the European Union average. The Committee is also concerned about the high rate of infant and under-5 mortality among Roma children due to limited access to neonatal services. Regional disparities and equity gaps, combined with financial constraints and inadequate health insurance coverage continue to hinder access to basic health-care services.
The Committee recommends to ensure the availability of and equitable access to quality primary and specialized health care for all children in the country and expand support in Roma communities for newly appointed health mediators.

Relation to other countries
mental health

A shortage of qualified child psychiatrists and community-based mental health services is determined.

Impacts of climate change

The Committee recommends that the State party collect disaggregated data identifying the types of risk faced by children related to the occurrence of a variety of disasters.

Situation of juvenile justice

The Committee urges Serbia to ensure the provision of qualified and free legal aid to children in conflict with the law and to establish specialized juvenile court facilities and procedures with adequate human, technical and financial resources.

Specific observations

The Committee remains concerned that in its budgeting process the State party does not stipulate budget allocations for children in the relevant sectors.
Inadequate housing continues to be a problem, particularly for Roma families who are often subjected to forced evictions, which leaves children without access to basic services, including clean and safe drinking water and sanitation, therefore rendering them vulnerable to serious health problems. Therefore, the Committee recommends to strengthen the support provided to children living below the poverty line, and ensure that social protection measures cover the real costs of decent living for the children, including expenses relevant to their rights to health, a nutritious diet, education, adequate housing and water and sanitation.

Additional BackgroundThe application of the Convention in Kosovo is not covered through this report, because information on the implementation were not provided to the Committee.<br /> Concluding observations on the second and third periodic reports released on 7 March 2017.
Last Updated (date)22nd of February, 2022