|Optional protocol||on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography|
|Violence||The Committee is seriously concerned that 30 per cent of girls have been victims of sexual abuse before the age of 15, and at sentences in cases of rape and other sexual assaults that are well below the maximum sentences provided for in legislation.|
|Corporal punishment||Corporal Punishment is legal in the home and in some alternative care and day care settings.|
|Overview of the child rights situation|
Nauru has particular problems in implementing the UN Convention on the Rights of the Child in the area of violence against children. Reproductive health and the situation of asylum-seeking children need improvement as well.
|Female genital mutilation and reproductive rights|
The Committee is concerned at the relatively high rate of teenage pregnancy. It is also concerned at the lack of a comprehensive national programme and the lack of coordination among agencies, which undermines the potential to develop a strategic and sustainable response to prevent early pregnancies.
|Racism, children belonging to a minority and indigenous children||The Committee is concerned at the high rate of under-5 mortality for non- Nauruan and indigenous Nauruan children. Therefore, the Committee urges the State party to immediately strengthen efforts to ensure that access to adequate health care and nutrition is extended to the most vulnerable families, particularly non-Nauruan and indigenous Nauruan families, as well as asylum-seeking and refugee families.|
|Situation of children with disabilities|
The Committee urges the State party to adopt a human rights-based approach to disability and establish a comprehensive strategy to ensure the inclusion of children with disabilities. It also urges the State party to develop a legal provision to ensure that all persons with disabilities have access, on an equal basis with others, to public buildings, public spaces and all service delivery areas. Further, Nauru should give priority to measures that facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, such as leisure activities, community-based care and provision of social housing with reasonable accommodation, in particular the right to inclusive education in mainstream schools independent of parental consent, and ensure the availability of qualified assistance in mainstream schools.
|Situation of asylum-seeking, refugee and migrant children||While the Committee welcomes the State party’s cooperation with UNHCR, it is gravely concerned about the fact that overall, the memorandum of understanding between Nauru and Australia on processing asylum cases fails to take into account the best interests of the child. Furthermore, the Committee is gravely concerned at cases of unaccompanied asylum-seeking and refugee children not being expeditiously processed in accordance with the principle of the best interests of the child and at living conditions in the Regional Processing Centre, which, combined with the lack of certainty for both asylum-seeking and refugee children, is generating and exacerbating mental health issues, leading to feelings of hopelessness and often suicidal ideation.<br /> The Committee urges the State party to immediately ensure that the best interests of the child are a primary consideration in all decisions and agreements in relation to the transfer of any asylum-seeking or refugee children from Australia. It further urges Nauru to process cases involving unaccompanied asylum-seeking and refugee children in a positive, humane and expeditious manner as a means of identifying durable solutions. Nauru should also prioritize the immediate transfer of asylum-seeking children and their families out of the Regional Processing Centre and adopt permanent and sustainable resettlement options for refugees, particularly children and their families, to ensure that they are given lawful stay and reasonable access to employment and other opportunities.|
|Free kindergarten||Not clear|
|Free primary and secondary school||Not clear|
The Committee recommends that the State party allocate sufficient human and financial resources to ensure adequate postnatal care for new-borns and mothers and appoint health mediators to conduct home visits. It further recommends to conduct a survey to assess household nutrition levels, especially nutrition of new-borns and children under 5 years of age, and the adequacy of vitamin and micronutrient intakes. Furthermore, the Committee recommends that the State party develop policies to ensure that healthy food choices are available and affordable and strengthen awareness campaigns to promote the benefits of healthy eating for children. Nauru should also ensure the availability of and equitable access to quality primary and specialized health and dental care for all children, particularly those from socially and economically disadvantaged groups.
|Relation to other countries|
The Committee is concerned at the lack of qualified specialists, especially child psychiatrists and psychologists, as well as community-based mental health services for all children.
|Situation of juvenile justice|
The Committee regrets the general lack of information provided by the State party in relation to the administration of juvenile justice. It is, however, concerned at the absence of specialized magistrates and personnel appropriately trained on children’s rights and at the insufficient application of recognized juvenile justice principles when dealing with children in conflict with the law. It is also concerned at reports indicating that the State party’s correctional services significantly lack capacity and fail to meet internationally recognized juvenile justice standards. The Committee is further concerned at reports of ill-treatment of detainees, including children, and at the fact that separate detention facilities do not exist for child offenders.
While the Committee acknowledges that the State party has taken steps to increase and improve child protection policies and legislation, it is concerned that the Immigration Act 2014 does not specifically criminalize the sale of, trafficking in and abduction of children and that the guidance and measures in place for the protection, rehabilitation and support of children who have been sold, trafficked or abducted are insufficient.
|Additional Background||Concluding observations on the initial report released on 28 October 2016.|
|Last Updated (date)||2nd of March, 2022|