Author: Jette Nietzard

Nauru

CountryNauru
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceThe Committee is seriously concerned that 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.
Safety
Corporal punishmentCorporal 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.
To improve the situation, the Committee recommends that Nauru provide comprehensive, age-appropriate education on sexual and reproductive health, including information on family planning and contraceptives, the dangers of early pregnancy and the prevention and treatment of sexually transmitted diseases. The State party should further develop sexual and reproductive health services, including confidential counselling and modern contraception for adolescent girls and boys.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe 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.
The Committee further recommends to train and assign specialized teachers and professionals in integrated classes providing individual support and due attention to children with learning difficulties, and address the shortage of speech therapists and qualified professionals for children with intellectual and psychosocial disabilities. It further recommends to enhance data collection on children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention and the existing laws and policies.

Situation of asylum-seeking, refugee and migrant childrenWhile 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.
Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Health
physical health

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
mental health

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.
The Committee recommends that the State party make community-based mental health services readily available and that it strengthens preventive work in schools, homes and care centres.

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.
The Committee urges the State party to bring its juvenile justice system fully into accordance with the Convention and other relevant standards. In particular, the Committee recommends that the State party ensure that judges dealing with children receive appropriate training on juvenile justice standards. Further, Nauru should 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. In cases where detention is unavoidable, Nauru should ensure that the 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

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.
The Committee recommends that the State party adopt comprehensive anti-trafficking laws that define specific crimes relating to the sale of, trafficking in and abduction of children and that carry adequately severe penalties for such crimes.

Additional BackgroundConcluding observations on the initial report released on 28 October 2016.
Last Updated (date)2nd of March, 2022

Colombia

CountryColombia
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
ViolenceThe Committee is concerned about reports that children continue to be the victims of acts of torture and other cruel or degrading treatment or punishment committed by government agents and/or non-State armed groups. The Committee recommends to strengthen the administrative process for re-establishing rights and its coordination with the judicial process so as to ensure that the rights of child victims of violence are re-established expeditiously, that victims of domestic violence can return home safely and as soon as possible, and that the alleged perpetrators are removed from the house.
Safety
Corporal punishmentCorporal Punishment is prohibited.
Overview of the child rights situation

A variety of problems are mentioned in the report on Colombia. A particularly big issue is sexual exploitation, which is only prevented by far too few measures. Violence in general, especially in the form of street gangs, is not being addressed sufficiently. In the health sector, there is too little ambition to prevent HIV infections.

Female genital mutilation and reproductive rights

The Committee is deeply concerned at the persistent patriarchal attitudes and gender stereotypes that discriminate against girls and women, resulting in an extremely high prevalence of violence against girls. It recommends to take the necessary measures to eliminate patriarchal attitudes and gender stereotypes that discriminate against girls and women.
The Committee urges the State Party to register and investigate all cases of female genital mutilation in the Embera and other communities, to explicitly criminalize it in the legislation and ensure that alleged offenders are prosecuted and adequately punished. The State party, in coordination with indigenous authorities, should also reinforce awareness-raising programmes, targeting both men and women, including officials at all levels and indigenous leaders, on the harmful effects of this practice.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee notes the measures taken by the State party to ensure the rights of indigenous and Afro-Colombian children. It nevertheless remains concerned that they continue to face discrimination and numerous challenges in accessing education, health care, civil registration services and justice. The Committee also remains concerned that they are disproportionally affected by violence and the armed conflict and overrepresented among displaced children and children recruited by non-State armed groups.<br /> To improve the situation, the Committee recommends that Colombia increase its efforts and take affirmative measures to ensure that indigenous and Afro-Colombian children, including displaced children, enjoy their rights in practice, in particular in the area of health, education and access to justice. The State party should also strengthen its efforts to ensure that all Afro-Colombian and indigenous children are registered immediately after birth, and to facilitate cost-free registration of those who were not registered at birth. Furthermore, the Committee recommends that the State party strengthen measures to protect indigenous and Afro-Colombian children and their families from violence, including sexual violence, and the impact of the armed conflict. Such measures should be developed in consultation with Afro-Colombian and indigenous leaders.
Situation of children with disabilities

The Committee recommends to Colombia to set up a comprehensive strategy to develop inclusive education and ensure that inclusive education is given priority over education in specialized institutions. Further, the State party should ensure the availability and accessibility of specialized health-care services, buildings, inclusive services, participatory forums, and leisure and cultural activities for children with disabilities, in particular in remote and rural areas, including by allocating adequate resources.

Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Digital possibilitiesColombia should monitor the portrayal of children in the media, on the Internet and in statements of public officials, and ensure that the authorities, civil servants, the media, teachers, children and the general public are sensitized to the negative impact of stereotypes on children’s rights.
Health
physical health

To improve the health of Colombian children, the Committee recommends to ensure the availability and accessibility of health services for all children, in particular rural, indigenous and Afro-Colombian children, by allocating adequate resources and monitoring the implementation of relevant policies. Furthermore, the Committee recommends that the State party establish independent mechanisms for investigating cases of child and maternal mortality, and provide legal sanctions when they are due to negligence on the part of health personnel.
The Committee is concerned that children continue to abuse drugs at increasingly early ages and that the State party has not adopted sufficient measures to address the phenomenon.

Relation to other countries
mental health

While noting the measures taken by the State party to address mental-health problems among children, the Committee is concerned that many children suffer from mental-health problems. It is also concerned about the increasing prevalence of suicide among children, in particular adolescents and indigenous children.

Impacts of climate change

While noting the initiatives of the State party to promote a healthy environment, the Committee remains concerned about the negative effects of polluted air, water and soil and electromagnetic pollution on children’s health and the insufficient measures taken to address that challenge.

Business sector

The Committee is concerned about the negative impact on children’s rights of some of the activities conducted by business enterprises, in particular in the mining and tourism sectors. It regrets that the State party has not yet taken the necessary measures to protect children from violations of their rights arising from these activities, including children whose rights are affected by the coal mining activities in El Hatillo. To improve the situation, the Committee recommends to examine and adapt its legislative framework to ensure the legal accountability of business enterprises and their subsidiaries operating in or managed from the State party ́s territory, especially in the mining and tourism sectors, regarding violations of children’s rights.

Situation of juvenile justice

The Committee urges the State party to provide judges, prosecutors and other specialized professional groups with appropriate education and training on the provisions of the Convention. Furthermore, in cases where detention is unavoidable, the Committee urges the State party to ensure that children are not detained together with adults, that detention conditions are compliant with international standards, in particular with regard to access to education and health services, including drug detoxification and mental health programmes, and that children are kept as near as possible to their places of origin.

Specific observations

The Committee is concerned that many children continue to be used by adults to commit crimes. Also, the Committee is concerned at the high number of girls under 14 years of age giving birth in hospitals as a result of sexual violence, and that these cases are not expeditiously investigated, while noting that the State party has recently taken measures to ensure mandatory reporting by medical staff. The Committee is particularly concerned at reports that many of the alleged perpetrators are relatives of the victims.

Additional BackgroundConcluding observations on the fourth and fifth periodic reports released on 6 March 2015.
Last Updated (date)2nd of March, 2022

Palau

CountryPalau
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings, day care, schools and penal institutions.
Overview of the child rights situation

Palau has not given sufficient information to the Committee in many areas, so that the Committee has made proposals that may already have been implemented. One of the highlighted problems is that abortions are forbidden and girls risk their lives by having unsafe abortions. Also, many preventable diseases are still common in Palau.

Female genital mutilation and reproductive rights

The Committee is concerned at the fact that sexual and reproductive health education programmes do not focus sufficiently on all aspects of prevention and abortion is a criminal offence without exception. This prohibition leads teenage girls to undergo unsafe abortions, with consequent risk to their life and health. Also, adolescent girls only have limited access to safe reproductive and sexual health services and birth control methods and related information, and there has been an increased emphasis on abstinence as opposed to an earlier focus on safe sex and condom use.
The Committee recommends that the State party reinforce the importance of sexual and reproductive health education in the mandatory school curriculum, targeting adolescent girls and boys, with particular focus on preventing early pregnancy, HIV/AIDS and sexually transmitted infections by different methods, including condoms.

Discrimination
Situation of children with disabilities

The Committee notes with appreciation the draft disability policy and the fact that the Palau severely disabled funds programme increased the size of monthly assistance payments to beneficiaries, including children. However, the Committee is seriously concerned at the fact that the disability policy has not been finalized or implemented. It is further concerned about the limited access of children with disabilities to inclusive education, rehabilitation, health care, transportation and all buildings and spaces and at the situation regarding service delivery in all areas, especially in rural schools and communities.
The Committee urges the State party to strengthen the legislative framework to ensure that children with disabilities have effective access to public services and spaces and improve physical access to all public and private buildings, spaces, service delivery and transportation in all areas, especially in rural communities and on the outer islands. It also urges Palau to ensure that teaching staff are adequately trained, so that children with all types of disabilities can effectively enjoy their right to quality inclusive education, including through international cooperation.

Education
Free kindergartenNo
Free primary and secondary schoolYes
Health
physical health

The Committee welcomes the improvement in maternal and child-health indicators and the high vaccination coverage achieved. However, the Committee is concerned at the prevalence of bronchiolitis and other respiratory diseases, urinary tract infection and acute gastroenteritis among children. It is further concerned about child mortality related to the high prevalence of non-communicable diseases, such as obesity and diabetes, and the lack of dentists and well-trained health workers for children.
To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party continue to widen childhood vaccination coverage and take measures to reduce bronchiolitis and other respiratory diseases, urinary tract infection and acute gastroenteritis. It further recommends to take measures to reduce child mortality due to non-communicable diseases by focusing on both prevention and management as well as reduce the risk of non-communicable diseases later in life by increasing early childhood obesity prevention interventions informed by reliable disaggregated data on children. Palau should also develop school-based policies for healthy eating and physical education, promote the inclusion of larger amounts of fruits and vegetables in school meals programmes and discourage school canteens from serving fizzy drinks, junk food and food high in sugar.

Relation to other countries
mental health

The Committee is concerned at the lack of information on mental health policy, related action plans and the number of staff specializing in child mental health issues. It is also concerned at the high rate of suicide among adolescents, especially girls, and the correlation between adolescent sexual behaviour, depression and suicide. Therefore, the Committee recommends that the State party take all necessary measures, including regional cooperation, to provide sufficient capacity to deal with child mental health issues. Furthermore, the Committee recommends that the State party increase the number of staff specializing in that field, strengthen psychological and psychiatric services for children, guarantee access to any necessary examinations and treatment and intensify suicide-prevention measures.

Impacts of climate change

The Committee is concerned that there is no information on whether climate change adaptation and disaster-risk reduction are part of the school curriculum and on whether there is a comprehensive disaster-sensitive social protection system in place. The Committee is further concerned that there is no information on the measures in place addressing the special needs of children in vulnerable situations, including children with disabilities, when planning disaster-risk reduction preparedness, response and recovery.
The Committee recommends that the State party include climate change adaptation and disaster-risk reduction in the school curriculum and establish school-based programmes, such as early warning systems and training on what to do in the event of a natural disaster. Palau should also develop a comprehensive disaster-sensitive social protection system, ensuring that the special vulnerabilities and needs of children, as well as their views, are taken into account. The Committee further recommends to review emergency protocols to include assistance and other support for children with disabilities during emergencies and natural disasters, increase children’s awareness of and preparedness for climate change and natural disasters and increase the physical safety and resilience of school buildings and infrastructure. The State party should also improve data and assessments in order to have an evidence base for risk reduction and preparedness, taking into account in particular the distinct needs and priorities of preschool children and children with disabilities.

Business sector

The Committee is concerned that there is no specific law or policy addressing child labour and there are no social programmes aimed at preventing child labour and supporting children affected by the issue. There is also no hazardous child labour list, and there is exploitation of children, particularly in the tobacco industry.
Therefore, the Committee urges the State party to develop a law and a policy on child labour and a hazardous child labour list, take the necessary measures to ensure that no child aged under 18 years engages in hazardous work and put in place social programmes for the elimination and prevention of child labour, especially its worst forms. In addition, Palau should adopt the draft framework legislation on tobacco and take the necessary measures to ensure that no children aged under 18 years are exploited in the tobacco industry.

Situation of juvenile justice

The Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee recommends that the State party adopt legislation for the administration of juvenile justice in accordance with the Convention and strengthen legislative provisions for child-friendly investigation and court procedures for child victims and child offenders. It also recommends to adopt standard operating procedures for the prosecution of children in conflict with the law and guidelines for dealing with child victims and child witnesses.
Further, Palau needs to ensure the provision of psychosocial support, counselling, recovery and reintegration services for child victims and offenders and also ensure the provision of qualified and independent legal aid to children in conflict with the law at an early stage during and throughout the judicial process.

Specific observations

The Committee notes with appreciation the establishment of a subcommittee of the national human rights task force focusing on human trafficking cases and addressing child protection issues. However, the Committee is concerned that there is no specific reference to trafficking in children as an aggravating factor and no supporting legislation or guidelines dealing with the prevention and prosecution of trafficking in children and the repatriation and rehabilitation of child victims/survivors.
To improve the situation, the Committee recommends that the State party adopt legislative and administrative measures specifically addressing trafficking in children, establish adequate and coordinated mechanisms for its prevention and for the identification, protection and rehabilitation of child victims of trafficking and expeditiously and effectively prosecute the perpetrators.

Additional background

Concluding observations on the second periodic report released on 28 February 2018.More information about education in Palau: https://education-profiles.org

Last Updated (date)2nd of March, 2022

Tonga

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

The report on Samoa contains a comprehensive part regarding the health sector, advising in particular to strengthen efforts regarding HIV prevention, free medical care and overcoming negative attitudes towards mental health problems.

Female genital mutilation and reproductive rights

The Committee recommends to increase awareness of HIV/AIDS with a view to changing negative attitudes and stereotyping and to promote access to free HIV testing and antiretroviral therapy, paying particular attention to pregnant adolescents and children born to mothers with HIV. The Committee further recommends that the State party adopt a comprehensive sexual and reproductive health policy for adolescents that pays attention to all aspects of prevention, including the prevention of sexually transmitted infections and early pregnancies. Additionally, the Committee recommends that the State party provide the results of the review of the current model of sexual and reproductive health education, in line with which children are educated by their parents, and develop strategies to progressively make sexual and reproductive health education part of the mandatory school curriculum.

Discrimination
Situation of children with disabilities

The Committee notes with appreciation the establishment of the National Disability Centre and the draft minimum service standards for primary and secondary schools, all of which aim to make schools accessible to children with disabilities and to ensure a safe learning environment for such children. The Committee is concerned, however, about the stigmatization of children with disabilities, including children with mental disabilities, owing to cultural attitudes.
The Committee recommends that the State party develop and launch awareness-raising programmes with a view to changing social misconceptions about children with disabilities, including children with mental disabilities, and eliminating stigmatization, in particular in rural areas and in the family. It further recommends to strengthen its efforts to implement the Inclusive Education Policy for Students Living with Disability and allocate sufficient resources for programmes such as the Samoa School Fees Grant Programme, which supports families of children with disabilities. Samoa should further ensure that there are enough specialist teachers and professionals providing individual support in all schools and that professionals are adequately trained so that children with all kinds of disabilities can effectively enjoy their right to quality inclusive education. Samoa also should improve access to all public buildings, spaces and services in all areas, especially in rural schools and communities.

Education
Free kindergartenNot clear
Free primary and secondary schoolNo
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 expand access to free medical care and treatment for all children as well as consider implementing policy changes and awareness-raising initiatives among parents to increase the coverage of children vaccinated against preventable diseases in the State party. The Committee further recommends to ensure that there are enough well-trained health workers for all children and pregnant women, as well as obstetric neonatal care facilities. Additionally, the Committee recommends that Samoa strengthen its efforts to improve access to basic health-care services for all children, in particular in rural and remote areas, and provide more resources to mobile clinics so that they can reach more people in rural areas. Samoa should also ensure that all schools have access to clean drinking water, sanitation and hygiene facilities as well as health and physical education teachers and include the specific needs of children with disabilities in all programmes relating to access and use of water, sanitation and hygiene facilities.

Relation to other countries
mental health

The Committee is concerned that the mental health of adolescents still does not receive enough attention in the State party, that there are negative attitudes towards mental health issues in society and that there is a shortage of specialized personnel, such as child psychologists. It is also concerned about the high rate of suicide among adolescents, often related to depression and teenage pregnancy.
Therefore, the Committee recommends that the State party raise awareness about mental health issues with a view to changing negative social attitudes. Also, the Committee recommends to take all measures necessary, including regional cooperation, to increase capacities and the number of personnel specialized in children with mental health issues, improve the mental health and counselling services available in the State party and ensure that they are accessible and sensitive to adolescents.

Impacts of climate change

The Committee takes note of the policies and action plans in place to address climate change and manage national disasters. It is concerned, however, that more could be done to take into account the special needs of children, including children with disabilities, when planning disaster risk reduction preparedness, response and recovery programmes.
To improve the situation, the Committee recommends that the State party ensure that the special vulnerabilities and needs of children, as well as their views, are taken into account. Furthermore, the Committee recommends that the State party increase children’s awareness of and preparedness for climate change and natural disasters by incorporating the issue of climate change into the school curriculum and in teacher training programmes and increase the physical safety and resilience of school infrastructure.
Samoa further needs to include assistance and other support to children with disabilities during emergencies and natural disasters in disaster response protocols.

Business sector

The Committee welcomes the establishment of the working group on child labour. The Committee is concerned, however, that the “hazardous child labour list” (a list of labour activities hazardous to children) has not yet been adopted, that children continue to work as vendors and that school absenteeism remains a challenge and is often forced by parents. The Committee is also concerned that children are not sufficiently aware of the existence of child-specific complaints mechanisms able to effectively receive, monitor and investigate reports of child exploitation.

Situation of juvenile justice

The Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to ensure, in cases where detention is unavoidable, that children are not imprisoned together with adults, do not share accommodation with prison staff and that detention conditions are compliant with international standards, including with regard to access to education, health services, water, sanitation and food. Samoa should also prohibit forced labour for juvenile detainees, ensure that adequate time is allocated to their education and vocational training and raise the awareness of judges and police officers about the needs of children and about alternatives to detention.
The Committee also urges the State party to provide statistical data on the number of children who come into conflict with the law and the type of offences, the status of the cases, the investigations and the conviction of perpetrators.

Specific observations

The Committee notes that the State party has made some progress in terms of birth registration coverage among children under 5 years of age, from 48 per cent in 2009 to 59 per cent in 2014, and that there is a new computerized registration system with a number of features for detecting false registrations. It remains concerned, however, that the number of registered births continues to be low and that there are differences in the number of birth notifications depending on whether a child is born in a national health facility or in a village with the help of traditional birth attendants. The Committee is also concerned that birth registration is not free and that the stigmatization of young and unwed mothers hinders the registration of correct information, as when children are reportedly registered by their grandparents.

Additional background

Concluding observations on the second to fourth periodic reports released on 12 July 2016. Samoa has a reservation to article 28 (1) (a) of the Convention on the Rights of the Child.

Last Updated (date)1st of March, 2022

Saint Vincent and the Grenadines

CountryIreland
Optional protocolon the involvement of children in armed conflict, on a Communication Procedure
Safety
Corporal punishmentCorporal Punishment is prohibited.
Overview of the child rights situation

In Ireland, the Convention is not fully integrated into domestic law, but the State Party has at least established a Department of Children and Youth Affairs to coordinate the implementation of the Convention. On the negative side, there was no child rights approach in the preparation of the state budget. On the positive side, however, Ireland has national strategies and legal provisions for almost all children's rights, but there is a lack of perfect implementation of these rights. The church has a strong say in Ireland, so that conservative and Christian moral concepts are prevalent and schools are also mostly denominational.

Situation of intersexual and transsexual childrenThe committee is concerned about cases of medically unnecessary surgeries and other procedures on intersex children.
Female genital mutilation and reproductive rights

Abortion is only allowed when there is a “real and substantial risk” to the life of the mother. The Committee recommends to decriminalize abortion and to develop and implement a policy to protect the rights of pregnant teenagers, adolescent mothers and their children and combat discrimination against them.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned about the disaggregated data on Traveller and Roma children, including their socioeconomic situation and the structural discrimination they face. The Committee urges the State party to undertake concrete and comprehensive measures to address the structural discrimination, in particular with regard to access to education, healthcare and an adequate standard of living. They further recommend to increase the amount of funding and provide mechanisms and procedures that ensure the effective and timely use of such funding.
Situation of children with disabilities

The Committee is concerned that there is no comprehensive strategy for the inclusion of children with disabilities in mainstream education and the encouragement of their autonomy. The Committee recommends to train and employ a sufficient number of specialized teachers and professionals in order to provide special needs education support and early childhood education for children with disabilities.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned that numerous accommodations for asylum-seeking and refugees do not have adequate facilities for families with young children. The Committee recommends to change that and invest in adequate child protection services, education for children and appropriate clothing and food for children in these accommodations. The Committee is further concerned about insufficient refugee accommodation for victims of domestic violence.
Education
Free kindergartenNo
Free primary and secondary schoolNo
Digital possibilitiesThe Committee encourages the State party to promote the Convention on the broadest possible basis, in particular 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.
Health
physical health

The Committee is deeply concerned that the state of health of children in single-parent families, children in poverty and Traveller and Roma children is significantly worse than the national average. Therefore, the Committee urges the State party to address socioeconomic disadvantages and to undertake all necessary measures, to ensure that such children enjoy the same access to and quality of health-care services as others.

Relation to other countries
mental health

Children are being admitted to adult psychiatric wards owing to inadequate availability of mental health-care facilities for children. Also, there are long waiting lists for access to mental health support and insufficient out-of-hours services for children and adolescents with mental health needs, in particular eating disorders.

Impacts of climate change

The Committee recommends to establish independent mechanisms to monitor the implementation by business enterprises of international and national environment and health standards and appropriately sanction and provide remedies when violations occur. Furthermore, the Committee recommends that the State party ensure that appropriate international certification is sought.

Business sector

The Committee recommends that the State party establish and implement regulations to ensure that the business sector, including in the context of public procurement, complies with international and national human rights, labour, environment and other standards, particularly with regard to the rights of the child. In particular, it recommends that the State party strengthen its regulatory framework for the industries and enterprises operating in the State party to ensure that their activities do not negatively affect the rights of the child or endanger environmental and other standards.

Situation of juvenile justice

The age of criminal responsibility has been lowered to 10 years for serious crimes and 17-year-old boys are detained in adult prison facilities. The Committee recommends to increase the legal age for the application of measures for deprivation of liberty.

The Committee is concerned about the impunity for publicly expressed discriminatory remarks by public representatives against Roma and traveller children and their families.

Specific observations

The Committee is concerned about the insufficient attention to the rights and interests of children born as a result of assisted reproduction technologies, in particular with the involvement of surrogate mothers, and the lack of measures to ensure that children fathered by Catholic priests are able to access information on the identity of their father. Children are not ensured the right to opt out of religious classes.

Additional BackgroundConcluding observations on the third and fourth periodic reports released on 1 March 2016.
Last Updated (date)1 of March, 2022

Ireland

CountryMoldova
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

The State party does not have control over the Transnistrian region, which impedes the implementation of the Convention there. In Chisinau, a large number of children in street situations is noted.

There are many problems that need to be worked on in Moldova. Violence is seen as a valid educational tool and the exploitation of children in the business and sexual sectors is not fought against enough. Generally, the situation for children is anything but ideal and Moldova has a lot to improve.

Female genital mutilation and reproductive rights

The Committee is seriously concerned that the incidence of sexual abuse and exploitation of children has increased, including within the family, and in particular involving girls. It is also concerned about reports of inaction by law enforcement officials in investigating cases and even direct involvement of such officials as perpetrators of such abuse.

The Committee recommends to strengthen adolescent reproductive health education in all schools to reduce the number of teenage pregnancies, including by strengthening the network of youth-friendly health centres.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee urges the State party to conduct a holistic review of the school curricula at all levels in order to offer quality curricula that meets the needs and interests of the child, including by integrating cultural diversity, and adapting the school environment to promote inclusiveness of ethnic minorities in the classroom and regarding extracurricular activities.
Situation of children with disabilities

The Committee welcomes the legislative measures taken to further protect the rights of children with disabilities, efforts to integrate children with disabilities into mainstream education and efforts to increase social allowances and support for caretakers and children with disabilities. But children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life, including the education system.
To improve the situation, the Committee recommends to continue to strengthen efforts to implement the requisite legislative framework and policies for the effective protection of the rights of children with disabilities, and take all the measures necessary to ensure that such children are integrated fully into all areas of social life.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends that the State party ensure that no migrant children are detained because of their migration status or that of their parents, and afford children migrants their rights under the Convention, including access to education, health care and social protection.
Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Digital possibilitiesThe Committee urges the State Party to conduct awareness-raising and education programmes, in particular among children and their parents, to combat sexual exploitation and abuse, including online, and ensure accessible, confidential, child-friendly and effective reporting channels for such violations.
Health
physical health

The Committee notes the efforts on health sector reform and progress made in health goals, including the significant decrease in infant mortality and under-5 mortality rates, improvements in the rate of stunting and high preventive vaccination coverage. Meanwhile, the Committee is concerned about the still-high maternal and child mortality rates, especially at home due to preventable causes of death, a decrease in immunization rates, inadequate healthcare facilities, inadequate access to hygienic sanitation facilities and clean drinking water.

Relation to other countries
mental health

The Committee recommends that the State party strengthen both the quality and availability of services and programmes of mental health for children, and in particular take measures to increase the number of specialists in children’s mental health care. Furthermore, the Committee recommends that the State party ensure adequate facilities specifically for children and outpatient services for psychosocial care and rehabilitation in all regions of the State party, with a particular focus on suicide prevention, including establishing a 24/7 crisis hotline.

Business sector

The Committee is concerned that the State party remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation. The Committee recommends to take measures to prevent children from being exploited, especially in the agricultural sector, by ensuring that the relevant legislation is enforced.

Situation of juvenile justice

The Committee is concerned about the absence of a specialized juvenile court system in the State party, the length of pretrial detention and ill-treatment, including physical beatings, solitary confinement, and children being held in adult detention facilities.
To improve the situation, the Committee urges Moldova to ensure the provision of qualified and independent legal representation to children and strengthen reintegration, rehabilitation and vocational programmes.

Specific observations

While noting the expansion of the network of civil status offices into remote locations, the establishment of an electronic birth register, and increased monitoring, the Committee recommends that the State party continue to strengthen efforts to ensure that all births in the State party are registered, including of Roma children, children born at home, children born to adolescent mothers and children born out of wedlock.

While noting efforts to combat corporal punishment as a means of discipline, which is still widespread and culturally acceptable in the State party, the Committee urges the State party to enforce the legislative prohibition of corporal punishment in all settings.

Additional BackgroundConcluding observations on the fourth and fifth periodic reports released on 20 October 2017.
Last Updated (date)1st of March, 2022

Lesotho

CountryLesotho
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.
Overview of the child rights situation

The report from Lesotho shows clearly that much still needs to be done to implement the UN Convention on the Rights of the Child. Violence against children and, in particular, sexual abuse of schoolgirls and girls who work in the household is a widespread problem. The health care system lacks medicines and the vaccination rate is comparatively low. It is positive that a recommendation on mental health has been included in the report and that the issue is being addressed.

Female genital mutilation and reproductive rights

The Committee is concerned about the high rate of teenage pregnancies and sexually-transmitted infections, limited access to sexual and reproductive health information and services, especially in rural areas, and the limited use of condoms.

The Committee recommends that the State party provide sufficient funding and resources for the implementation in respect of adolescents of the Sexual and Reproductive Health Policy and Strategic Plan and the Reproductive Health Commodity Supply Strategic Plan, paying attention to all aspects of prevention, including in relation to sexually transmitted infections and early pregnancy. Furthermore, the Committee recommends that the State party ensure that access to sexual and reproductive health information and education is available country-wide, with special attention to preventing early pregnancy and sexually transmitted infections. Lesotho should also improve adolescent access to reproductive health care, contraception, including condoms, and related services and increase support for reproductive health and family planning services, especially in rural areas.

Discrimination
Situation of children with disabilities

The Committee is seriously concerned at limited access to community-based rehabilitation, early identification and referral programmes for children with disabilities and the inadequate support and resources for service providers and families of children with disabilities. It is also concerned about stigmatization of children with disabilities owing to societal and cultural attitudes and limited access to transportation, schools, health care, public spaces and service delivery in all areas, especially in rural communities. To improve the situation, the Committee urges the State party to set up a comprehensive strategy for the inclusion of children with disabilities and improve access to transportation, schools, health care, public spaces/buildings and service delivery in all areas, especially in rural communities. Also, the Committee urges the State party to increase financial, human and technical resources for children with disabilities, expand community-based rehabilitation, early identification and referral programmes for children with disabilities and provide the necessary human, technical and financial support to service providers and families of children with disabilities.

Education
Free kindergartenNo
Free primary and secondary schoolNot clear
Health
physical health

The Committee is concerned at the high infant, under-five and child mortality rates owing to preventable causes such as high rates of malnutrition, food insecurity and rickets, acute respiratory illness, fever and diarrhoea. It is also concerned at limited funding, inadequate childcare facilities, an insufficient number of well-trained health workers for children and pregnant women, and poor access to health-care services, in particular in rural areas, which all present significant barriers to the improvement of children’s health.
To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends to take measures, such as rolling out a specific programme for the management of childhood illnesses, to reduce infant, under-five and child mortality owing to preventable causes. Lesotho should also strengthen its efforts to improve access to basic health-care services for all children, in particular in rural areas, scale up capacity-building programmes for health workers who work with children and pregnant women and provide more resources to mobile clinics so that they are more frequently available and reach a wider population.

Relation to other countries
mental health

The Committee is concerned that there is no mental health policy in the State party and that information on mental health services for children has not been made available by the State party.
The Committee therefore recommends that the State party adopt a mental health policy specifically providing for the treatment of children with mental health issues. It also recommends that the State party take all measures necessary to provide sufficient financial and human resources for the mental health of children, including through international cooperation.

Impacts of climate change

The Committee recommends to undertake measures to increase the knowledge of teachers and educators regarding environmental issues and climate change and to integrate environment and climate change issues into the national curriculum.

Business sector

The Committee is concerned that child labour negatively affects schooling and leisure time, in particular for children in rural areas, and that there is no statistical data on children involved in child labour.

Therefore, the Committee recommends to collect data on children involved in different types of child labour and establish a child-specific complaints mechanism that can receive, monitor and investigate reports on cases of child exploitation, and raise awareness among children of the mechanism.

Situation of juvenile justice

The Committee is seriously concerned that the juvenile justice system is not effective and that not all children’s courts have an appropriately child-friendly infrastructure, and magistrates are not adequately equipped with victim support units. Additionally, there are no separate holding cells for children in police stations and free legal representation is not available in every case.

To improve the situation, the Committee urges the State party to bring its juvenile justice system into full compliance with the Convention and other relevant standards. In particular, the Committee recommends that the State party allocate sufficient financial resources to establish an adequate child-friendly infrastructure for children's courts and for village children's justice committees in all districts. It should also ensure that all children who appear in court are tried in children's courts, with special procedures and appropriately trained judges, and that children are housed separately from adults in police stations. In addition, the Committee recommends that all children in conflict with the law be provided with free, qualified, and independent legal assistance at an early stage of the proceedings and throughout the process, and that overreliance on inpatient facilities such as probation homes and accredited schools be avoided. Furthermore, the Committee recommends that it be ensured that these existing facilities are child-friendly institutions that promote reintegration, and that they are used only as a last resort and for the shortest possible period of time, with opportunities for early release.

Specific observations

The Committee is seriously concerned at the reports of killings of children involving the mutilation of body parts for the purpose of using the body parts medicinally. The Committee urges that the State party take immediate measures to prevent killings of children involving the mutilation of body parts, through raising community awareness, investigating all cases and bringing the perpetrators to justice.

The Committee urges the State party to include the specific needs of girls in measures regarding access to and use of water, sanitation and hygiene facilities and services in order to prevent sexual violence when collecting water, bathing or using toilets at night.

Additional background

Concluding observations on the second periodic report released on 25 June 2018. More information about education: Education Act

Last Updated (date)1st of March, 2022

Lesotho

CountryLesotho
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.
Overview of the child rights situation

The report from Lesotho shows clearly that much still needs to be done to implement the UN Convention on the Rights of the Child. Violence against children and, in particular, sexual abuse of schoolgirls and girls who work in the household is a widespread problem. The health care system lacks medicines and the vaccination rate is comparatively low. It is positive that a recommendation on mental health has been included in the report and that the issue is being addressed.

Female genital mutilation and reproductive rights

The Committee is concerned about the high rate of teenage pregnancies and sexually-transmitted infections, limited access to sexual and reproductive health information and services, especially in rural areas, and the limited use of condoms.

The Committee recommends that the State party provide sufficient funding and resources for the implementation in respect of adolescents of the Sexual and Reproductive Health Policy and Strategic Plan and the Reproductive Health Commodity Supply Strategic Plan, paying attention to all aspects of prevention, including in relation to sexually transmitted infections and early pregnancy. Furthermore, the Committee recommends that the State party ensure that access to sexual and reproductive health information and education is available country-wide, with special attention to preventing early pregnancy and sexually transmitted infections. Lesotho should also improve adolescent access to reproductive health care, contraception, including condoms, and related services and increase support for reproductive health and family planning services, especially in rural areas.

Discrimination
Situation of children with disabilities

The Committee is seriously concerned at limited access to community-based rehabilitation, early identification and referral programmes for children with disabilities and the inadequate support and resources for service providers and families of children with disabilities. It is also concerned about stigmatization of children with disabilities owing to societal and cultural attitudes and limited access to transportation, schools, health care, public spaces and service delivery in all areas, especially in rural communities. To improve the situation, the Committee urges the State party to set up a comprehensive strategy for the inclusion of children with disabilities and improve access to transportation, schools, health care, public spaces/buildings and service delivery in all areas, especially in rural communities. Also, the Committee urges the State party to increase financial, human and technical resources for children with disabilities, expand community-based rehabilitation, early identification and referral programmes for children with disabilities and provide the necessary human, technical and financial support to service providers and families of children with disabilities.

Education
Free kindergartenNo
Free primary and secondary schoolNot clear
Health
physical health

The Committee is concerned at the high infant, under-five and child mortality rates owing to preventable causes such as high rates of malnutrition, food insecurity and rickets, acute respiratory illness, fever and diarrhoea. It is also concerned at limited funding, inadequate childcare facilities, an insufficient number of well-trained health workers for children and pregnant women, and poor access to health-care services, in particular in rural areas, which all present significant barriers to the improvement of children’s health.
To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends to take measures, such as rolling out a specific programme for the management of childhood illnesses, to reduce infant, under-five and child mortality owing to preventable causes. Lesotho should also strengthen its efforts to improve access to basic health-care services for all children, in particular in rural areas, scale up capacity-building programmes for health workers who work with children and pregnant women and provide more resources to mobile clinics so that they are more frequently available and reach a wider population.

Relation to other countries
mental health

The Committee is concerned that there is no mental health policy in the State party and that information on mental health services for children has not been made available by the State party.
The Committee therefore recommends that the State party adopt a mental health policy specifically providing for the treatment of children with mental health issues. It also recommends that the State party take all measures necessary to provide sufficient financial and human resources for the mental health of children, including through international cooperation.

Impacts of climate change

The Committee recommends to undertake measures to increase the knowledge of teachers and educators regarding environmental issues and climate change and to integrate environment and climate change issues into the national curriculum.

Business sector

The Committee is concerned that child labour negatively affects schooling and leisure time, in particular for children in rural areas, and that there is no statistical data on children involved in child labour.

Therefore, the Committee recommends to collect data on children involved in different types of child labour and establish a child-specific complaints mechanism that can receive, monitor and investigate reports on cases of child exploitation, and raise awareness among children of the mechanism.

Situation of juvenile justice

The Committee is seriously concerned that the juvenile justice system is not effective and that not all children’s courts have an appropriately child-friendly infrastructure, and magistrates are not adequately equipped with victim support units. Additionally, there are no separate holding cells for children in police stations and free legal representation is not available in every case.

To improve the situation, the Committee urges the State party to bring its juvenile justice system into full compliance with the Convention and other relevant standards. In particular, the Committee recommends that the State party allocate sufficient financial resources to establish an adequate child-friendly infrastructure for children's courts and for village children's justice committees in all districts. It should also ensure that all children who appear in court are tried in children's courts, with special procedures and appropriately trained judges, and that children are housed separately from adults in police stations. In addition, the Committee recommends that all children in conflict with the law be provided with free, qualified, and independent legal assistance at an early stage of the proceedings and throughout the process, and that overreliance on inpatient facilities such as probation homes and accredited schools be avoided. Furthermore, the Committee recommends that it be ensured that these existing facilities are child-friendly institutions that promote reintegration, and that they are used only as a last resort and for the shortest possible period of time, with opportunities for early release.

Specific observations

The Committee is seriously concerned at the reports of killings of children involving the mutilation of body parts for the purpose of using the body parts medicinally. The Committee urges that the State party take immediate measures to prevent killings of children involving the mutilation of body parts, through raising community awareness, investigating all cases and bringing the perpetrators to justice.

The Committee urges the State party to include the specific needs of girls in measures regarding access to and use of water, sanitation and hygiene facilities and services in order to prevent sexual violence when collecting water, bathing or using toilets at night.

Additional background

Concluding observations on the second periodic report released on 25 June 2018. More information about education: Education Act

Last Updated (date)1st of March, 2022