Country | El Salvador |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure |
Safety | |
Corporal punishment | Corporal 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 children | The 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 children | The 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 kindergarten | Not clear |
Free primary and secondary school | Not clear |
Digital possibilities | The 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. |
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 Background | Concluding observations on the fifth and sixth periodic reports released on 29. November 2018. |
Last Updated (date) | 22nd of February, 2022 |
Author: Jette Nietzard
France
Country | France |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure |
Safety | |
Corporal punishment | Corporal 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 children | The 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 children | The 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 children | The 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 kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | While 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. |
Additional Background | The 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
Country | Spain |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography |
Safety | |
Corporal punishment | Corporal 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. |
Situation of intersexual and transsexual children | The 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 children | The 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 children | The 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 kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | The 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 Background | Concluding observations on the fifth and sixth periodic reports released on 5 March 2018. |
Last Updated (date) | 22nd of February, 2022 |
Serbia
Country | Serbia |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography |
Safety | |
Corporal punishment | Corporal 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 children | Trans 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. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The 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 children | The 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 kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | The 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. |
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. |
Additional Background | The 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 |
Austria
Country | Austria |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography |
Safety | |
Corporal punishment | Corporal Punishment is prohibited. |
Overview of the child rights situation | In Austria, the criteria for removing and placing children in alternative care settings are not harmonized, and unnecessary surgical interventions are performed on intersex children. The committee also clearly states that the Austrian climate protection regulations are not sufficient to guarantee the child's right to the highest attainable standard of health. |
Situation of intersexual and transsexual children | Unnecessary medical and surgical treatments are performed on intersex children. The Committee recommends to prohibit the performance of unnecessary medical or surgical treatment on intersex children where those procedures may be safely deferred until children are able to provide their informed consent. |
Female genital mutilation and reproductive rights | The Committee recommends to Austria to continue to take preventive and protection measures to address female genital mutilation, including the provision of social, psychological, medical and rehabilitative services and training of relevant professionals and awareness-raising programmes. It also recommends to abolish the law that bans young girls from wearing headscarves in primary schools, classing them as ideological or religious clothing, because it may lead to girls’ exclusion from mainstream education. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The Committee recommends that the State party continue its efforts to raise awareness among the public, those working with and for children, civil servants and law enforcement officials about the importance of cultural diversity and inter-ethnic understanding, in order to combat stereotyping, prejudice and discrimination against, inter alia, children belonging to ethnic, religious or racial minorities, including Roma and Muslim children. |
Situation of children with disabilities | Data is missing for children with disabilities in alternative care and there is no comprehensive plan for the deinstitutionalization of children with disabilities. Schools, playgrounds and other public spaces are not accessible and children with disabilities are rather seen as an object than as right holders. Comprehensive measures for inclusive education are not implemented. The Committee recommends to ensure that children with disabilities have effective access to public services and spaces and improve the physical accessibility of all public and private buildings, spaces and means of transport in all Länder. |
Situation of asylum-seeking, refugee and migrant children | Unaccompanied child refugees over 14 years are not offered the same support as Austrian children. For example, the daily fee for care is lower. Child welfare and protection authorities are not immediately involved when unaccompanied children are identified at the border. The age-assessment procedure does not always respect the dignity and the best interests of the child. |
Education | |
Free kindergarten | No |
Free primary and secondary school | Yes |
Digital possibilities | The Committee urges Austria to establish mechanisms, procedures and guidelines related to cyberbullying and grooming to ensure the speedy and effective investigation of such cases and prosecution of perpetrators. Also, it recommends to provide systematic training to law enforcement officials, social workers and prosecutors on how to investigate and prosecute complaints of cyberbullying and grooming in a child- and gender-sensitive manner that respects the privacy of the victim. |
Health | |
physical health | The committee recommends to the state party to strengthen measures to address obesity in children and actions to promote a healthy lifestyle, including physical activity. Also, they recommend to ensure the availability of qualified and specialized health staff in all Länder, particularly paediatricians in rural areas. |
Relation to other countries | |
mental health | The Committee is concerned about the prevalence of psychological health conditions, such as those related to anxiety, depression, self-injury and attention deficit and eating disorders. To improve the situation, the Committee recommends to continue to increase the availability and accessibility of child and adolescent mental health services and programmes. |
Impacts of climate change | Children’s rights to the enjoyment of the highest attainable standard of health and an adequate standard of living is not compatible with Austria's insufficient climate mitigation politics. |
Business sector | Instead of 0.7 per cent of gross national income Austria only uses 0.29 per cent for official development assistance. |
Situation of juvenile justice | The Committee is concerned that the number of children in detention has increased. To improve the situation, the Committee recommends that Austria starts working towards a time limit of 30 days for children in pretrial detention and ensure that the circumstances under which such a time limit can exceptionally be extended is clearly defined in law. |
Specific observations | Children born out of wedlock to Austrian parents do not receive Austrian citizenship retroactive. |
Additional Background | Concluding observations on the fifth and sixth periodic reports released on 6 March 2020. |
Last Updated (date) | 22nd of February, 2022 |
Argentina
Country | Argentina |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure |
Violence | The Committee urges the State party to investigate thoroughly and impartially all allegations of torture, violence, harassment and abuse, including by the police, and to ensure that perpetrators are prosecuted and, if convicted, punished commensurately with the seriousness of their acts. Furthermore, the Committee recommends to adopt a national framework for coordination between administrations and institutions at both the national and provincial levels to adequately respond to situations of violence against and abuse or neglect of children, paying particular attention to their gender dimensions. |
Safety | |
Corporal punishment | Corporal Punishment is prohibited. |
Overview of the child rights situation | Argentina's report is very extensive and covers many points. Unfortunately, there are also several paragraphs on different forms of violence. Argentina still has a lot to do in terms of violence to better protect its children. Poverty in Argentina is very high and many children suffer from it. |
Situation of intersexual and transsexual children | The Committee recommends that the State party develop and implement a rights-based health-care protocol for intersex children, ensuring that no child is subjected to unnecessary surgery or treatment, and that children are involved, to the greatest extent possible, in decision-making about their treatment and care. Families with intersex children should be provided with adequate counselling and support. |
Female genital mutilation and reproductive rights | The Committee is noting with concern the barriers that adolescents continue to face in their access to sexual and reproductive health-care services and education, the high incidence of teenage pregnancy and the elevated risks of maternal mortality among adolescent mothers, and the insufficient access to modern methods of contraception and family planning. To improve the situation, the Committee recommends to ensure that sexual and reproductive health education is part of the mandatory school curriculum, and that it is developed with the involvement of adolescent girls and boys, with special attention paid to preventing early pregnancy and sexually transmitted infections. It also recommends to ensure access to safe abortion and post-abortion care services for adolescent girls, ensuring that their views are always heard and given due consideration as part of the decision-making process. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The Committee urges the State Party to introduce a unit within the National Institute against Discrimination, Xenophobia and Racism to address cases of discrimination against children. |
Situation of children with disabilities | Argentina should ensure equal access to good-quality inclusive education in mainstream schools for children with disabilities, and prioritize inclusive education over the placement of children in specialized institutions and classes. Additionally, Argentina should intensify efforts to put an end to discrimination against children with disabilities, and ensure that they are covered by health insurance schemes and receive the services and benefits, such as pensions and housing, to which they are entitled. |
Situation of asylum-seeking, refugee and migrant children | The Committee recommends to Argentina to ensure effective legal protection for unaccompanied children across all its territory, and also ensure that the principle of non-refoulement is applied and that the best interests of the child are taken into account as a primary consideration, and provide additional training and guidance to relevant professionals on assessing the best interests of the child. In addition to that, the Committee recommends that the State party develop and implement a national policy or strategy that ensures adequate assistance for asylum seekers, including access to social services, effective local integration and measures that facilitate access to work and income-generating opportunities of parents and/or caregivers of refugee children. |
Education | |
Free kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | The Committee recommends that the State party take measures to increase access by children to appropriate information, including online, in conformity with their age, maturity and cultural background. It further recommends to adopt measures to protect children from harmful information and products and online risks, and against negative portrayal and discrimination in the media. In addition to that, the State party should expand coverage of and access to the internet for children living in rural areas. |
Health | |
physical health | While noting the overall decrease in child mortality, the Committee is seriously concerned that the rate of infant mortality remains high in some provinces owing to a lack of adequate health care, including prenatal care for uninsured pregnant women, poverty and inadequate nutrition. The Committee is also concerned about the increased number of cases of suicide and self-inflicted injuries, particularly among children in detention. |
Relation to other countries | |
mental health | The Committee recommends to establish mental health services and programmes for children, ensuring outpatient services for psychosocial care and rehabilitation in rural and urban areas, with a particular focus on suicide prevention. |
Impacts of climate change | The Committee is concerned about the well-documented harmful effects of open-pit mining activities and the use of agrochemicals for the environment and the health of children living in areas where mining and soya bean production are carried out. It recommends that the State party strengthen implementation of legislative and other measures to protect the physical and mental health of children, particularly indigenous children, from environmental harm caused by third parties, and ensure that the impact of mining and agrochemicals on underlying determinants of health, such as food, safe drinking water and sanitation, is minimized and that the entities responsible are held accountable and victims afforded effective remedies. |
Business sector | The Committee recommends that the State party intensify its efforts to eliminate child labour in practice by establishing multisectoral programmes at the local and regional levels to combat child labour. |
Situation of juvenile justice | The Committee is particularly concerned of overcrowding, poor nutrition, inadequate bedding and sanitation facilities, combined with lack of education and training opportunities, which can amount to torture or cruel, inhuman or degrading treatment of children. To improve the situation, Argentina must urgently address detention facilities across all provinces, and ensure that they are compliant with international standards and that independent monitoring is in place and ensure the provision of free, qualified and independent legal aid to children in conflict with the law at an early stage of the procedure and throughout the legal proceedings. There are also reports of violence perpetrated by federal and provincial security forces in police custody, often in cases involving children and adolescents in socially marginalized situations, and the disproportionate use of force against children and adolescents by the security forces, including in schools, together with the justification of such measures. |
Specific observations | The Committee is concerned that the financial crisis has had a negative impact on the social protection systems in the State party, resulting in insufficient coverage and delays in the processing of benefit allowances for children and their families, particularly at the provincial level. |
Additional background | Concluding observations on the fifth and sixth periodic reports released on 1 October 2018. More information about education in Argentina: https://www.argentina.gob.ar/educacion/gestioneducativa/educacioninicial and |
Last Updated (date) | 22nd of February, 2022 |
Peru
Country | Peru |
---|---|
Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure |
Violence | The Committee is deeply concerned at reports of violence against children, including violent death, committed by State security forces in the context of social protests and the state of emergency declared in Celendín. |
Safety | |
Corporal punishment | Corporal Punishment is prohibited. |
Overview of the child rights situation | Child poverty is widespread and access to drinking water and sanitation for children is limited. The data collected on the situation of children is not sufficiently disaggregated and consolidated. In the area of health, in particular, Peru still has a long way to go to implement the child's right to the highest attainable standard of health. |
Female genital mutilation and reproductive rights | The Committee recommends to design and implement a comprehensive strategy, including awareness-raising programmes and educational campaigns, to eliminate patriarchal attitudes and gender stereotypes that discriminate against girls and explicitly prohibit discrimination based on sexual orientation and gender identity. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The Committee is concerned that media persist in propagating negative stereotypes of children, in particular adolescents and indigenous and Afro-Peruvian children, and that access to information for children in minority languages is limited. While taking note of efforts made to prevent child marriage in the Napo communities, the Committee is concerned about the high prevalence of child marriage in the State party, in particular in indigenous and rural areas. |
Situation of children with disabilities | More than 90 per cent of children with disabilities do not possess a disability certificate and approximately 54 per cent of children with disabilities do not know how to read or write. The Committee is also concerned that legislative and policy measures are not implemented effectively in practice. |
Situation of asylum-seeking, refugee and migrant children | The Committee is concerned at the lack of specific procedures to deal with unaccompanied and separated children and the limited access to basic services for asylum-seeking and refugee children, including to health, education and other social services. Therefore, the Committee recommends that the State party establish a child-sensitive refugee status determination procedure, including specific safeguards for unaccompanied asylum-seeking children. The State party should also consider adopting a social strategy ensuring access to basic services for asylum seekers and refugees, including children. |
Education | |
Free kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | The Committee is concerned that measures taken to ensure access to, and address the risks for children posed by, digital media and information and communications technology are insufficient. The Committee therefore recommends to adopt and effectively implement human rights-based laws and policies to ensure that all children have access to digital media and information and communication technology and enjoy the full protection of the Convention and its Optional Protocols in their digital environment. |
Health | |
physical health | The Committee welcomes the significant progress made by the State party in reducing child mortality and chronic malnutrition, but is concerned at disparities in progress between urban and rural areas and regarding indigenous children and children living in poverty. Despite the improvements, the Committee recommends that the State party continue to strengthen its efforts to address child mortality and malnutrition, focusing primarily on children living in poverty, children living in rural and remote areas and indigenous children. Therefore, Peru should ensure equal access to quality health services for all children, including children living in rural and remote areas, and effectively implement its strategies aimed at reducing maternal mortality throughout the country, including by strengthening the quality of prenatal care and the responsive capacity of health services. Concerning adolescent health, the Committee recommends to the State party to address the high number of adolescent pregnancies by strengthening access to age-appropriate education on sexual and reproductive health and rights for girls and boys in all areas of the State party, including out-of-school children, and decriminalize abortion in all circumstances. Also, Peru should address the incidence of drug use by children and adolescents by, inter alia, providing children and adolescents with accurate and objective information, as well as life skills education on preventing substance abuse, including with respect to tobacco and alcohol, and develop accessible and youth-friendly drug dependence treatment and harm reduction services. |
Relation to other countries | |
mental health | The State Party should ensure quality access to mental health services with a view to eliminating the prevalence of suicide and depression among adolescents. |
Impacts of climate change | The Committee expresses concern at the impact of mining and hydroelectric projects on the living conditions of children and their families in the regions concerned, such as the La Oroya, Cerro de Pasco and Cajamarca areas, and with respect to the health hazards and environmental degradation, in particular the contamination of drinking water, arising from such projects. It is also concerned that environmental impact assessments are not always carried out prior to granting licences to companies. The Committee recommends to ensure effective implementation by companies, especially those involved in mining and hydroelectric projects, of international and national environment and health standards, and effective monitoring of the implementation of those standards. |
Business sector | While noting the measures taken by the State party to address child labour, including awareness-raising and training activities, the Committee is seriously concerned that the minimum age for admission to employment remains at 14 and the prevalence of child labour remains extensive, in particular in rural areas, with a high percentage of children involved in the worst forms of child labour as well as in illicit activities, in particular illegal coca cultivation and drug trafficking. All measures by the State party remained insufficient and there are no comprehensive studies about the dimension of child labour. Therefore, the Committee urges the State party to increase the minimum age for admission to employment to 15, and for hazardous and abusive work to the age of 18. Peru should also take sufficient measures to investigate and improve the situation. |
Situation of juvenile justice | The Committee urges the State Party to promote diversion and alternative measures to detention, increase the number of specialized juvenile courts and 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. |
Specific observations | The Committee is concerned that some children continue to face difficulties in gaining access to birth registration and identity documents. The Committee is also concerned at reports that only about 50 per cent of children infected with HIV receive antiretroviral treatment. It is also concerned at the increasing rate of infections among indigenous children and the limited provision of appropriate health-care services for HIV-infected pregnant women. |
Additional Background | Concluding observations on the fourth and fifth periodic reports released on 2 March 2016. More information about education in Peru: CONSTITUCIÓN POLÍTICA DEL PERÚ; Article No. 17. |
Last Updated (date) | 22nd of February, 2022 |
Uruguay
Country | Uruguay |
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Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure |
Safety | |
Corporal punishment | Corporal Punishment is prohibited. |
Overview of the child rights situation | Although corporal punishment is prohibited, violence against children remains a serious problem in Uruguay. Furthermore, the Committee notes with concern the information on the lack or poor condition of playgrounds, parks and other public spaces available for recreational, cultural and sports activities for children. It is of further concern that 20 % of children continue to live in poverty, despite the fact that Uruguay has invested many resources to improve the situation of children. |
Female genital mutilation and reproductive rights | While welcoming the measures adopted to address the high rates of teenage pregnancy and to provide support to teenage mothers, the Committee remains concerned about the insufficient accessibility of sexual and reproductive health services and education. The Committee is also concerned about information that pregnant teenagers who have decided to terminate their pregnancies do not receive adequate support and counselling. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The State party has a national plan against racism and discrimination. |
Situation of children with disabilities | The Committee is concerned that the State party has not adopted a comprehensive policy on the inclusive education and participation in society of children with disabilities. The Committee regrets that discrimination against children with disabilities remains widespread in the State party. To improve the situation, the Committee specifically recommends to 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. Also, Uruguay should adopt a human rights-based policy that addresses the barriers that hinder the full and effective participation in society of children with disabilities on an equal basis with other children. |
Situation of asylum-seeking, refugee and migrant children | Despite the information provided by the State party, the Committee is concerned about the lack of a special procedure for the protection of unaccompanied migrant children. The Committee is also concerned about information on the absence of a procedure for the appointment of a guardian and a legal representative for unaccompanied children. The Committee recommends that the State party introduce comprehensive legislation ensuring assistance to and the protection of unaccompanied migrant children. In particular, the Committee recommends that the State party establish a specific and permanent national authority to oversee the conditions of unaccompanied migrant children, identify their needs and address problems of the current system, and to develop operational guidelines on unaccompanied migrant children, including guidelines on their reception and identification, on needs assessment and on a protection strategy. |
Education | |
Free kindergarten | Yes |
Free primary and secondary school | Yes |
Health | |
physical health | The Committee is concerned about the large number of children suffering from nutritional disorders, such as chronic malnutrition, anaemia and obesity. Therefore, the Committee recommends that the State party strengthen its efforts to ensure access to high-quality health services by all children, particularly children living in the most disadvantaged and remote areas of the country, and encourages the State party to develop policies and programmes to address chronic malnutrition and anaemia. Concerning adolescent health, the Committee is concerned that, while tobacco, alcohol and drug consumption are widespread among adolescents, programmes and services for those affected by substance abuse remain limited. The Committee recommends that the State party address the prevalence of substance abuse, including tobacco and alcohol abuse, provide children and adolescents with objective information in this respect, and develop accessible and youth-friendly drug dependence treatment and harm reduction services. The State party has improved access to antiretroviral treatment and has adopted a national strategy for the prevention of HIV/AIDS vertical transmission. The committee is concerned, however, about the lack of a comprehensive HIV/AIDS prevention strategy addressed towards children and adolescents. |
Relation to other countries | |
mental health | The Committee notes the lack of information on the current situation with regard to the use of methylphenidate for children with attention deficit hyperactivity disorder (ADHD) or attention deficit disorder (ADD). Therefore, the Committee recommends that the State party undertake a study to evaluate the situation of children diagnosed with ADHD or ADD, and the prescription of psychostimulants, such as methylphenidate. |
Business sector | The Committee is concerned about children being economically exploited, particularly in street vending, garbage collection and recycling, the construction sector, domestic work, and in the agriculture and forestry sectors. The Committee is also concerned at the large number of children involved in hazardous work in agriculture and fishing, using dangerous tools, carrying heavy loads, applying harmful pesticides, herding livestock and working long hours. To end exploitative and hazardous forms of child labour, Uruguay should strengthen its efforts to provide reliable information on the number of children who carry out economic activities and take measures to prevent children under the minimum age from working in all sectors. |
Situation of juvenile justice | The Committee is seriously concerned about allegations of ill-treatment and torture in police stations of adolescents suspected of having committed crimes and of children in street situations as well as reports of excessive use of force and collective punishments in detention facilities, children and adolescents being locked up in their cells for up to 22 hours per day and about the administration of anti-anxiety medication to juvenile detainees as a means of restraint. In addition to that, there is information about overcrowding and extremely poor conditions in detention centres for children and adolescents. To improve the situation, the Committee urges Uruguay to establish an independent complaints mechanism accessible to all children deprived of their liberty and ensure that conditions of detention in penitentiaries comply with the minimum international sanitary and hygienic standards. |
Specific observations | The Committee notes with concern the lack of systematic training on the Convention among all professional groups working with and for children. In particular, the Committee is deeply concerned about the lack of training on the content of the Convention among judges, which on several occasions has led to interpretations of the State party’s legislation that are in contradiction with the Convention and its Optional Protocols. |
Additional background | Concluding observations on the third to fifth periodic reports released on 5 March 2015. More information about education in Uruguay: https://www.oecd-ilibrary.org/ |
Last Updated (date) | 22nd of February, 2022 |
Suriname
Country | Suriname |
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Optional protocol | on the Sale of Children, Child Prostitution and Child Pornography |
Safety | |
Corporal punishment | Corporal Punishment is legal in the home, alternative care settings, day care, schools and penal institutions. |
Overview of the child rights situation | In Suriname, inclusion of people with disabilities and of minorities and marginalized groups is not working well enough. They go to school less, often have poorer health care and are discriminated against. Among other things, the report also deals with the effects of climate change on children in Suriname. |
Female genital mutilation and reproductive rights | The Committee is seriously concerned about the high rate of child sexual abuse and exploitation in the State party, including incest, especially against girls. It urges Suriname to undertake legal and policy reform to increase the availability of sexual and reproductive health information and services, including confidential and youth-friendly health services throughout the country, and ensure the availability of contraceptive services to adolescents, without the need for parental consent, and free health care for pregnant adolescents up to the age of 18 years, through the national health insurance system. |
Discrimination | |
Racism, children belonging to a minority and indigenous children | The Committee recommends that the State party continue to improve access to health, education and other services in the interior areas of the State party for Amerindian and Maroon children, including by approving the draft law on language education and the language council, ensuring access to free primary education, building more public school facilities, expanding preschool education, improving training for teachers and administrators and expanding the child-friendly school project. The Committee also recommends that the State party ensure access by the Amerindian and Maroon communities to quality health care and to clean water and sanitation, by expanding the WASH project. It should also ensure that Amerindian and Maroon communities are protected from illegal and uncontrolled logging and mining, which has a negative environmental impact on these communities, by adopting and enforcing legislation on sustainable land management in consultation with local communities, and promote corporate social responsibility. |
Situation of children with disabilities | The Committee urges the State party to adopt a human rights-based approach to disability and to devise a comprehensive strategy for the inclusion of children with disabilities. In addition to that, the Committee urges to take all the measures necessary to ensure that children with disabilities are fully integrated into all areas of social life, including schools, sports and leisure activities, and that facilities and other public areas are accessible for children with disabilities. |
Education | |
Free kindergarten | Not clear |
Free primary and secondary school | Not clear |
Health | |
physical health | The Committee recommends that the State party continue to strengthen efforts to ensure adequate provision of prenatal and postnatal care and address the high rates of mortality of infants and children aged 5 years and younger, and the still high maternal mortality rates. They should also develop policies and programmes to strengthen the capacity of families and the community to provide care and support for children living with HIV/AIDS, and continue activities aimed at reducing stigma and discrimination relating to HIV/AIDS. Concerning adolescent health, the Committee urges the State party to continue to take measures to address alcohol, drug and tobacco use among adolescents, including through awareness-raising programmes and campaigns, strengthen the regulation of alcohol and tobacco sales and the enforcement of such laws among vendors who sell such products to children, and expand programmes on alcohol and drug prevention, intervention and rehabilitation for adolescents. |
Relation to other countries | |
mental health | The Committee recommends that the State party strengthen both the quality and availability of mental health services and programmes for children and, in particular, take measures to increase the number of specialists on children’s mental health and ensure adequate psychosocial care and rehabilitation facilities and outpatient services specifically for children. Suriname also needs to take urgent action to strengthen efforts to prevent suicide among children and adolescents, including by increasing available psychological counselling services and social workers in schools and communities. |
Impacts of climate change | The Committee recommends that the State party develop strategies, including awareness-raising, to reduce the vulnerabilities and risks for children owing to climate change, in particular children in situations of poverty, including Amerindian and Maroon communities. The Committee also recommends that the State party mainstream child-specific and child-sensitive risk and vulnerability reduction strategies into its national plan on climate change and disaster preparedness and emergency management and strengthen its social safety nets and social protection framework so as to more effectively mitigate the multiple social, economic and environmental impacts of climate change. |
Business sector | The Committee is seriously concerned about the persistence of child labour in the State party, in the agricultural, fishing, timber and mining sectors and domestic work, and in particular about boys from Maroon communities in the interior areas who are disproportionately represented in the worst forms of child labour. |
Situation of juvenile justice | The Committee recommends to adopt a holistic and preventative approach to addressing the problem of children in conflict with the law and the underlying social factors, with a view to supporting children at risk at an early stage, including by expanding intervention programmes, vocational training and other outreach activities. Also, in cases where detention is unavoidable, the Committee recommends that the State party take measures to provide adequate facilities for children in conflict with the law, and ensure that children are not detained together with adults, that boys and girls are held separately, that children are never held in solitary confinement, and that detention conditions are compliant with international standards, including with regard to access to education and health services, with particular focus on the Santa Boma prison. |
Specific observations | The Committee recommends that the State party carry out awareness-raising programmes and campaigns on the importance of registering the birth of all children, including children born to migrant workers in both regular and irregular situations. Further, the Committee is concerned about the lack of shelters for child victims and information on investigations in cases of sexual abuse, including the outcomes of such trials and redress and compensation offered to victims. Therefore, the Committee urges Suriname to establish mechanisms, procedures and guidelines to ensure mandatory reporting of child sexual abuse and exploitation, ensure that acts of sexual abuse and exploitation are effectively investigated and that perpetrators are brought to justice, with focus on the interior areas of the State party. |
Additional Background | Concluding observations on the third and fourth periodic reports released on 9 November 2016. |
Last Updated (date) | 22nd of February, 2022 |
Dominican Republic
Country | Dominican Republic |
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Optional protocol | on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography |
Violence | The Committee is concerned at the information provided by the State party that the number of children’s deaths caused by common criminality, drowning, electrocution and traffic accidents has not significantly changed in the last three years. |
Safety | |
Corporal punishment | Corporal Punishment is legal in in the home, alternative care settings and day care. |
Overview of the child rights situation | The report on the Dominican Republic is long, particularly due to the length of the chapter on violence. The country's problems with sex tourism and many pregnancies, especially among minors, are striking as well. In addition, there is poor supply of clean drinking water, which causes the death of many mothers and babies and leads to the spread of cholera. Furthermore, discrimination of Haitians is prevalent. |
Female genital mutilation and reproductive rights | The Committee is concerned about persistent discrimination against and gender stereotyping of women and girls, often perpetuated in the media and in campaigns for promoting tourism, which contribute to the high prevalence of gender-based violence, particularly against girls of Haitian origin. To improve the situation, the Committee recommends to the State party to strengthen its efforts to prevent violence, in particular feminicide, against mothers and caregivers, investigate all cases, prosecute the alleged perpetrators, punish the convicted and adequately compensate and rehabilitate the victims. |
Discrimination | |
Situation of children with disabilities | 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 ensure that inclusive education is given priority over education in specialized institutions and guarantee social-protection programmes, including subsidies for families with children with disabilities living in poverty, and free access to treatment and rehabilitation programmes. |
Situation of asylum-seeking, refugee and migrant children | The Committee is deeply concerned about the 2013 Constitutional Court ruling which might deprive tens of thousands of people of Haitian descent of their nationality, including children born in the country to parents with an irregular migratory status. While noting the adoption in 2014 of the Law on Naturalization to address the consequences of this ruling, the Committee is concerned about its low rate of implementation and that the naturalization process does not fully comply with the Convention.The Committee is also concerned that the inadequate access to identity documents for child refugees and asylum seekers and/or their relatives puts them at risk of detention and deportation and impedes their access to health care and education. |
Education | |
Free kindergarten | Yes |
Free primary and secondary school | Yes |
Digital possibilities | The Committee is concerned about the lack of regulations to protect the privacy and safety of children accessing information and communications technology (ICT) and the lack of a comprehensive strategy to ensure equal access to it. |
Health | |
physical health | The Committee is concerned about the high rate of maternal mortality, 80% of which was preventable, and persistent chronic child malnutrition. Another problem is the poor water quality leading to maternal and neonatal deaths and the increased risk of cholera becoming an epidemic. To ensure the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends to continue implementing measures to eliminate the incidence of cholera and take all necessary measures to ensure that adequate safe water and sanitation are available, especially in hospitals. Concerning adolescent health, the Committee is concerned about its low level of implementation as a result of insufficient resources and coordination and the influence of religious leaders and recommends to ensure the effective implementation of the National Sexual Education Programme for girls and boys, giving special attention to preventing early pregnancy and sexually transmitted infections. |
Relation to other countries | |
Business sector | The Committee recommends to the Dominican Republic to monitor the implementation of the agreement with the tourist industry on the prevention of child sex tourism and strengthen international cooperation for prevention and prosecution in relation to child sex tourism. Furthermore, the Committee urges the State party to review its legislation in order to prohibit the employment of children under 15 years of age and ensure that all hazardous forms of labour, including domestic work, are prohibited for children under 18 years of age. Also, the State party should increase the coverage and quality of education and provide vocational training programmes to ensure that all children are enrolled and are protected from the harmful effects of child labour. |
Situation of juvenile justice | The Committee is concerned about the large number of children sentenced to prison and subjected to prolonged pretrial detention. It is further concerned about the inefficient functioning of the juvenile justice system, the insufficient juvenile courts and lack of adequate procedures, the lack of alternative measures to detention and reports of children being detained together with adults. To improve the situation, the Committee urges the Dominican Republic to establish sufficient juvenile courts, adopt relevant procedures, allocate adequate resources to the juvenile justice system and provide qualified and independent legal aid to children accused of a criminal offence at an early stage of the procedure and throughout the legal proceedings. |
Specific observations | The Committee is concerned that in 2012 one fifth of children under 5 years of age, mostly from families living in poverty, had no birth certificate. |
Additional background | Concluding observations on the third to fifth periodic reports released on 6 March 2015. More information about education in Dominican Republic: https://www.oecd-ilibrary.org |
Last Updated (date) | 19th of February, 2022 |