Month: March 2022

Estonia

CountryEstonia
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.
Overview of the child rights situation

Children who are 10 years and older shall be heard in court and courts may hear younger children. But this mostly does not happen. There are youth centres and youth councils, but participation can be enlarged. Estonia is trying to improve the child right’s situation, but due to insufficiency of the measures, they do not reach the youth, so that their living conditions are getting worse. Russian children are discriminated, because the Russian language is prohibited in many contexts, which means a massive disadvantage for Russian-Estonian children. Juvenile offenders face violations of their rights and are not supported by countries acts.

Female genital mutilation and reproductive rights

The prevalence of sexual abuse of children in Estonia is high, while the level of detection is low and the existence and accessibility of support services is insufficient.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee recommends to ensure that children belonging to linguistic and ethnic minorities have adequate access to education, including instruction in or on their mother tongue and inclusive education, respectively.
Situation of children with disabilities

The Committee is concerned at insufficient protection against discrimination for children with disabilities. Public Institutions have physical barriers and local authorities do not guarantee all children with disabilities places in kindergarten and schools. The Committee recommends, among other things, to take immediate measures to ensure that all children with disabilities have access to health care, including early detection and intervention programmes.

Situation of asylum-seeking, refugee and migrant childrenEstonia grants citizenship to children with undetermined citizenship born in the State party, but only if they are younger than 15. The Committee is also concerned that less attention is paid to stateless children who have arrived in the country in a migratory context. In addition to that, reports suggest that the detention of asylum-seeking or refugee children is increasing. Therefore, the Committee urges the State party to prohibit detention of refugee and asylum-seeking children and to ensure that those unaccompanied children are assigned a free and qualified lawyer.
Education
Free kindergartenNo
Free primary and secondary schoolYes
Health
physical health

Drug abuse among children and adolescents is on increase. The Committee recommends to adopt regulations concerning the organization of rehabilitation institutions for children and the activities carried out in them, including in relation to the restriction of freedom of movement and other fundamental rights of children.

Relation to other countries
mental health

The suicide rate doubled in the age group of 15 to 19 from 2013 to 2014. The Committee is also concerned that primary level psychological assistance is insufficient owing to the shortage of child psychiatrists.

Situation of juvenile justice

The Committee urges the State party to bring its juvenile justice system fully into line with the Convention and implement, as soon as possible, its proposals to promote alternative measures to detention. Estonia should also ensure 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 it is not possible for foreigners to apply for a residence permit if they have a minor child living in Estonia on the basis of a residence permit or a child who is an Estonian citizen living in Estonia.

Favourable attitudes towards corporal punishment are still dominant and 22 per cent of schoolchildren in the State party have been victims of bullying.

The Committee is concerned that the school drop-out rate remains high, especially among boys, and that the language policy in secondary education often prevents Russian-speaking students from acquiring mastery in core subjects, because they are taught only in Estonian.

Additional BackgroundConcluding observations on the second to fourth periodic reports released on 8 March 2017.
Last Updated (date)1st of March, 2022

Venezuela

CountryVenezuela
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.
Overview of the child rights situation

Venezuela's report is very comprehensive, although they cannot provide detailed data on many topics. This fact is also repeatedly criticized in the report. The topic of juvenile justice is listed in detail as well, specifically in relation to the fact that with the new law reform, children in prisons and under suspicion of crime are not provided with dignified accommodation and legal aid.

Situation of intersexual and transsexual childrenThe Committee is also concerned at reports of cases of bullying and discrimination against children because of their sexual orientation or gender identity.
Female genital mutilation and reproductive rights

The Committee is particularly concerned at the persistent patriarchal attitudes and gender stereotypes that discriminate against girls and the lack of adequate measures to address this situation. To improve the situation for girls, the Committee recommends to eliminate patriarchal attitudes and gender stereotypes that discriminate against girls, including through the implementation of educational and awareness raising programmes.

The Committee recommends to review the State party’s legislation on abortion and provide for additional exceptions, such as in cases of pregnancy resulting from rape or incest, when the pregnancy poses a risk to the health of the adolescent or when abortion is in the best interests of the pregnant adolescent in order to prevent her from resorting to unsafe abortion. The State party should ensure, in law and in practice, that the views of the child are always heard and respected in abortion decisions.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee recommends to translate the legal and political advances for combatting racial and ethnic discrimination into greater protection of children’s rights, and conduct an evaluation of the implementation of laws, policies and programmes, including indicators, to measure the achievements.
Situation of children with disabilities

The Committee welcomes the various initiatives taken to address the specific needs of children with disabilities, in particular in the areas of health and education. However, it regrets the absence of information on a comprehensive strategy to ensure coherency among all the initiatives and the full protection of the rights of children with disabilities. The Committee is also concerned about the lack of disaggregated data in this area. It is further concerned at reports that a large percentage of children with disabilities do not attend school, in particular in rural areas, and that there are no special programmes to ensure future employment opportunities for adolescents with disabilities.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned about the lack of information on the number of asylum- seeking children in the State party and that the delays in determining refugee status have a negative impact on the enjoyment of rights by asylum-seeking children and their families. The Committee is further concerned about the lack of programmes addressing the particular needs of asylum-seeking and refugee children that have been involved in armed conflicts in neighbouring countries.To improve the situation of asylum-seeking children, the Committee recommends to ensure that all children and their families in need of international protection receive appropriate and fair treatment at all stages, and that decisions on refugee status are dealt with expeditiously. Also, Venezuela should provide adequate assistance and psychosocial support to children who have been involved in armed conflicts abroad.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee welcomes the Canaima Education Project, under which more than 2.5 million computers have been distributed to schools with the aim of promoting children’s access to information. However, the Committee is concerned about the shortage of teachers trained in the use of information and communications technology (ICT). Therefore, the Committee recommends that the State party develop a strategy to ensure that teachers receive adequate training and relevant material to provide guidance to children on safe access to appropriate information through computers.
Health
physical health

The Committee welcomes the measures taken by the State party to reduce under-five mortality and increase vaccination coverage. However, the Committee is deeply concerned at the high rates of maternal mortality and the lack of information on the measures taken to reduce it. It is further concerned about reports that some important medical services and/or medical staff and/or medicines are not available for children in some hospitals. To improve the situation, the Committee recommends Venezuela to collect disaggregated data on children’s health-related issues, in particular child mortality, including under-five mortality, maternal mortality, vaccination coverage, nutrition and breastfeeding and allocate adequate human, technical and financial resources to the national public health system.

Concerning adolescent health, the Committee is deeply concerned that the State party has one of the highest rates of adolescent pregnancies in the region and that many of those pregnancies result in maternal deaths. It is also concerned about the lack of access to safe abortion procedures, due to the restrictive law on abortion, and the lack of information on the actual impact of the programmes in reducing adolescent pregnancies.

Relation to other countries
mental health

The Committee regrets the lack of public policy on mental health in relation to children in the State party. The Committee is also concerned about reports about the reduction in the coverage and quality of mental health-care centres.
The Committee recommends that the State party collect disaggregated data on mental health-related issues in relation to children. The Committee further recommends the development of a national strategy to address mental health issues of children, including the provision of mental health-care services with adequate human, technical and financial resources.

Impacts of climate change

In the light of the information provided by the Ministry of Environment that air pollution exceeds the permitted standards in some cities, such as Barcelona, Puerto La Cruz and Maracaibo, the Committee is concerned that excessive air pollution results in cases of pneumonia in children under five years of age.

Business sector

The Committee notes that the rate of child labour has reportedly decreased in the last decade in the State party. However, the Committee remains concerned about the prevalence of child labour. The Committee regrets the lack of information on the extent and forms of child labour, including the worst forms of child labour.

Situation of juvenile justice

The Committee is concerned that mechanisms to monitor children’s rights in police detention centres have not been established and children and adults deprived of liberty are not systematically separated, in particular in pretrial detention.
Also, conditions in juvenile detention facilities and the socio-educational programmes in place, including the use of military training, do not comply with international standards and frequently lead to riots and children being injured.
In addition to that, the State party has not yet established a specialized police force, with officers trained to deal with children.
To solve these problems, the Committee urges the State party to expedite the adoption of a law reform on juvenile justice, in accordance with international standards, including raising the age of criminal responsibility, unify the juvenile justice system throughout the country, provide facilities and services with adequate human, technical and financial resources. Furthermore, the Committee urges the State party to ensure, in cases where detention is unavoidable, 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 notes the efforts made by the State party to improve the standard of living of children, including their access to drinking water. However, the Committee is concerned about reports that drinking water is not of adequate quality in some areas of the State party, resulting in numerous cases of infant deaths associated with infections and diarrhoea.

The Committee is also concerned at reports that a number of children had been arrested in the framework of the demonstrations in early 2014 in the State party.

Additional background

Concluding observations on the third to fifth periodic reports released on 13 October 2014.More information about education in Venezuela: https://www.bq-portal.de

Last Updated (date)1st of March, 2022

Brazil

CountryBrazil
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceA high number of children is involved in gangs, and the use of violence by or against child members of these gangs is widespread. The Committee is furthermore particularly concerned about the targeted recruitment of children by gangs and the use of children in organized crime. Brazil also has the third highest rate of child homicide in the world, with 16.3 per 100,000 people (WHO).
Safety
Corporal punishmentCorporal Punishment is prohibited in all settings but is still widely practiced.
Overview of the child rights situation

The plan for Action lacks of information on specific targets and timelines, particularly concerning children in street situations and children with disabilities. Brazil has no established mechanism at inter-ministerial level with a clear mandate and sufficient authority to coordinate and monitor all activities related to the cross-sectoral implementation of the Convention at all federal levels.

Death threats, physical attacks, disappearances and killings carried out against journalists, human rights defenders and civil society activists are not investigated and convicted enough. Children’s participation in school councils is low, children do not regularly participate in decisions that affect them and their views are seldom taken into account.

Female genital mutilation and reproductive rights

Strategies aimed at eliminating discrimination based on gender, sexual orientation and race have been removed from the education plans of several states. Patriarchal attitudes and gender stereotypes underpin discrimination against girls and women. Despite the prohibition, high levels of sexual abuse of, and sexual violence against children in schools, institutions, and the family are reported, as well as this occurring in police stations and places of detention. There is a high prevalence of child marriage in the State party, even under the age of 16.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is deeply concerned about the structural discrimination against children belonging to indigenous groups, including as regards their access to education, health and an adequate standard of living. It is particularly concerned about the high levels of violence against indigenous children and communities, including murder and sexual and physical violence, perpetrated by, among others, local ranchers and illegal loggers, and the lack of protection from these attacks and widespread impunity for these crimes. It is further concerned about indigenous communities’ forced eviction from their land as a result of land grabbing by ranchers, the development of extractive industries, illegal logging or other industrial projects, which severely undermines indigenous children’s right to an adequate standard of living, health and a healthy environment.
Situation of children with disabilities

Children with disabilities are segregated in special education in several states and additional special schools are established. Widespread sexual violence, abuse and exploitation against girls with disabilities are common in institutional settings. There is a widespread presumption of children with disabilities that they lack credibility, so that they often have difficulties in accessing recourse.

Situation of asylum-seeking, refugee and migrant childrenThe Committee notes as positive the efforts of the State party to accept refugees, including from the Syrian Arab Republic. However, the Committee is concerned about the absence of a prioritized registration procedure for asylum cases involving children, which results in cases of unaccompanied children remaining undocumented for long periods of time. The Committee is also concerned about the lack of an overall policy for addressing the rights of migrants, including irregular migrants.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee encourages the State party to promote the Convention on the broadest possible basis, particularly for children in vulnerable situations, including through child-friendly audio-visual aids and digital media, and by enlisting the support of the mass media, including social media. The Committee also recommends that the State party strengthen its efforts to provide adequate and systematic training and/or sensitization of professionals working with and for children, and that it integrates the Convention into the curricula at all levels of the educational system.
Health
physical health

Brazil has insufficient health service in rural and marginalized areas. Also, indigenous children continue to have inadequate access to medical services and sanitation, in overcrowded settlements, and continue to be subjected to contaminated water and food. There is a high prevalence of drug and substance abuse among children in street situations and an insufficient number of specialized rehabilitation facilities for children. Meanwhile, the Committee takes note of the State party’s initiatives for combatting drug abuse among children.

Relation to other countries
mental health

The Committee is concerned about high rates of suicide among indigenous children, particularly Guaraní children.

Impacts of climate change

The Committee recommends to improve water supply infrastructure and guarantee access to safe drinking water, particularly for communities living adjacent to contaminated water canals used for the irrigation of farms. Also, the Committee recommends that the State party expeditiously end illegal mining activities, particularly in the Tapajós-Xingu area, and design and implement measures to mitigate the negative effects of these activities and those related to the construction of the Belo Monte dam on the rights of indigenous children and their families. Furthermore, the Committee recommends that the State party conduct a comprehensive assessment of the effects of polluted air, water and soil on children’s health and use it as a basis for developing and implementing a strategy to remedy the situation, and monitor the levels of air, water and soil pollutants and of pesticide residues in the food chain.

Business sector

The Committee is deeply concerned that activities of the mining and construction sectors, as well as of agribusinesses, food corporations and large-scale sporting and/or entertainment events, frequently result in the resettlement of communities without compensation or appropriate services, the contamination of water resources and food, unhealthy diets due to misleading advertisements, and environmental degradation. The Committee is also concerned about the lack of regulatory frameworks covering the social and environmental responsibility of business corporations and industries.

Situation of juvenile justice

The Committee is concerned about reports of widespread torture and ill-treatment of children in police stations and juvenile detention facilities. Juvenile offenders should get regular trainings on children’s rights. There are reports of gang violence in prisons, which has led to the death of children, and of poor health and sanitary conditions. Brazil has an inadequate number of juvenile courts and specialized juvenile judges. Children are detained together with adults.
A very high number of extrajudicial executions of children by the military police and the widespread violence of police officers against children in favelas or street situations are violations of children’s rights.

Specific observations

Brazil has a low level of birth registration and birth certificates are not everywhere available for free.

It is alarming that children and families were evicted for the building of infrastructural projects for the 2016 Olympic games and the 2014 World Cup. That worsened their living conditions and caused severe disruption and hindrance to access to health services and education. Indigenous communities are also evicted from their land as a result of land grabbing by ranchers, the development of extractive industries, illegal logging or other industrial projects, which severely undermine indigenous children’s right to an adequate standard of living, health and a healthy environment.

Additional BackgroundConcluding observations on the second to fourth periodic reports released on 30 October 2015.
Last Updated (date)1st of March, 2022

Micronesia

CountryMicronesia
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 the home, alternative care settings, day care and penal institutions; prohibition in schools requires confirmation.
Overview of the child rights situation

In Micronesia, children's rights have not yet been sufficiently implemented. This includes the sectors of health care, but also of education and child labour. The outer islands are always particularly affected. Micronesia is also one of the island states most affected by the consequences of climate change, but children are not included in the planning for the future.

Female genital mutilation and reproductive rights

The Committee notes with appreciation the measures taken by the State party to address substance abuse among adolescents, including awareness-raising programmes. However, it is concerned about the high rate of teenage pregnancy and sexually transmitted infections among adolescents and the criminalization of abortion in all cases except where the life of the pregnant girl is at risk. Furthermore, the Committee is concerned at the limited access to safe reproductive and sexual health-care services, education and contraceptives, especially in the outer islands, due to the limited supply, cultural attitudes and fear of stigmatization. It is further concerned about the prevalence of substance abuse among adolescents, due to the lack of law enforcement of alcohol sales to children and the lack of a legal framework for the sale of sakau.

Discrimination
Situation of children with disabilities

The Committee is concerned about the limited access of children with disabilities to inclusive education, transportation, public spaces, rehabilitation and service delivery in all areas, and about the lack of funding and technical support provided to service providers for children with disabilities or the parents of such children.
The Committee recommends that the State party adopt a national policy on disability aimed at strengthening health-care services for children with disabilities and ensuring that all children with all types of disabilities enjoy inclusive education. Also, Micronesia should increase the budget for and expenditure on children with disabilities and improve access for children with disabilities to all public and private buildings, spaces, service delivery and transportation, in all areas, especially in the outer islands. The Committee further recommends to ensure that all schools have specialized teachers and professionals providing individual support and that teaching staff are adequately trained.

Situation of asylum-seeking, refugee and migrant childrenNoting that international migration in the context of climate change and natural disasters may increasingly affect children, the Committee recommends that the State party consider developing legislation, policies and programmes governing the international migration of children that take into account the rights and needs of children.
Education
Free kindergartenNo
Free primary and secondary schoolNo
Digital possibilitiesThe Committee recommends that the State party ensure access for children to appropriate information from a diversity of sources, including the Internet, and that children are adequately protected from information and material harmful to their well-being.
Health
physical health

To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party increase efforts to improve access to basic health-care services for all children, in particular in the outer islands and remote villages, and provide resources for the establishment of mobile clinics. Also, Micronesia should strengthen measures to reduce mortality rates among infants and children under 5 years of age due to preventable causes and to prevent and treat anaemia, tuberculosis and the stunting, wasting and undernourishment of children.
Also, the Committee recommends to scale up immunization, in particular in the outer islands, and provide sufficient investment in suitable technologies, such as drone delivery, and human resource capacities for the delivery of immunization services.

Relation to other countries
mental health

The Committee is seriously concerned about the lack of a legal framework or policy on mental health and the insufficient attention given to the mental health of children, as well as the absence of child psychiatrists, psychologists, clinical social workers and other specialized personnel.
To improve the situation, the Committee recommends that Micronesia promote the development of mental health legislation and a mental health policy for children that are adequately resourced. It further recommends to establish mental health services and programmes for children and ensure that qualified personnel, including child psychiatrists, psychologists, clinical social workers and other specialized personnel, are available in all states.

Impacts of climate change

The Committee recommends that the State party ensure access for children to appropriate information from a diversity of sources, including the Internet, and that children are adequately protected from information and material harmful to their well-being.

Business sector

The Committee is concerned that there is no legislation prohibiting child labour or establishing the minimum age for admission to hazardous and non-hazardous work and no programmes to prevent child labour or support children involved in the practice.
To improve the situation, the Committee recommends that the State party establish a minimum age for admission to employment or work, with clear regulations on working hours, and develop and adopt a policy on child labour and explicitly prohibit the employment of children in harmful or hazardous work and develop a list of hazardous work explicitly prohibited for children. It also recommends to ensure that no child engages in hazardous work and put into place social programmes aimed at the elimination of or prevention of child labour, especially the worst forms.
Micronesia should also determine the conditions in which light work may be permitted and the number of hours during which such employment of children may be undertaken, ensuring that children have sufficient leisure time and do not miss school.

Situation of juvenile justice

The Committee notes with appreciation that the Federal Code and state codes set out a number of provisions on child justice which provide for “flexible” procedures for legal proceedings involving children accused of criminal offences, including informal hearings in closed sessions and legal representation for such children. To improve the situation, the Committee urges the State party to bring its child justice system fully into line with the Convention, to designate specialized judges for children and to ensure that such judges, as well as prosecutors, police officers and other professionals, receive training on the provisions of the Convention. Also, Micronesia should avoid the use and limit the duration of pretrial detention by ensuring that children arrested and deprived of their liberty are promptly brought before a competent authority to examine the legality of the deprivation of liberty or its continuation and expedite trials involving children. The Committee further recommends to ensure that, in cases where detention is unavoidable, children are not detained together with adults and that the conditions of detention comply with international standards, including with regard to access to education and health-care services.

Specific observations

The Committee welcomes the fact that the State party has undertaken successful measures to ensure that most children are registered at birth in health facilities, but it is concerned about children who are not yet registered, in particular those in the outer islands, and the cases in which inadequate information provided at birth leads to cases of non-registration.

The Committee recommends that the State party take measures to fully protect the right of the child to privacy by amending legislation to explicitly protect children from interference with their right to privacy by private individuals or entities and developing guidelines for parents, teachers and professionals working with and for children to ensure that they understand and respect the right of the child to privacy.

Additional background

Concluding observations on the second periodic report released on 3 April 2020. More information about education in Micronesia: http://national.doe.fm

Last Updated (date)1st of March, 2022