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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).
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.

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.
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.
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