Author: Jette Nietzard

Japan

CountryJapan
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is prohibited in all settings.
Overview of the child rights situation

The report on Japan lists comparatively many negative points for an industrialised country. Japan has a problem with violence and sexual exploitation of children. High societal pressure leads to problems such as HIV infection and mental illness being little noticed and running under the radar. The overall nature of society is very competitive and childhood and development is harmed by that.

Female genital mutilation and reproductive rights

The Committee is concerned about the increasing rate of HIV/AIDS and other sexually transmitted infections among adolescents, and the limited services and education in schools on sexual and reproductive health and family planning. Additionally, the Committee is concerned about the high rate of abortion among teenage girls and the fact that abortion is illegal. The Committee urges the State party to adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is consistently implemented as part of the mandatory school curriculum and targeted at adolescent girls and boys, with a special focus on preventing early pregnancy and sexually transmitted infections. Japan should also consider decriminalizing abortion in all circumstances and increase access to safe abortion and post-abortion care services for adolescent girls.

Discrimination
Situation of children with disabilities

The Committee recommends that the State party adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and regularly collect data on children with disabilities. Furthermore, the Committee recommends that the State party develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities. Japan should also strengthen measures, supported with adequate human, technical and financial resources, to develop and implement inclusive education in integrated classes, train specialized teachers and professionals and assign them to integrated classes that provide individual support and all due attention to children with learning difficulties. The Committee further recommends to strictly apply and monitor the implementation of standards for facilities and personnel in afterschool day-care services and ensure they are inclusive. Additionally, the Committee recommends that the State party take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes. In addition to that, Japan should provide training and increase the number of professional staff working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends that the State party ensure that the best interests of the child are a primary consideration in all decisions relating to children and that the principle of non-refoulement is upheld. The State party should also establish a legal framework to prevent asylum-seeking parents being detained and separated from their children and the State party should take immediate measures, including through the establishment of a formal mechanism, to prevent the detention of unaccompanied or separated asylum- seeking or migrant children, ensure the immediate release of all such children from immigration detention facilities and provide them with shelter, appropriate care and access to education. The State party also recommends to develop campaigns to counter hate speech against asylum seekers and refugees, particularly children.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Health
physical health

The Committee recommends that the State party analyse the root causes of the high rate of low-weight births and introduce evidence-based measures to effectively improve the birth weight of infants and the nutritional status of infants, children and mothers, including through the Healthy Parents and Children 21 (Second Stage) campaign.
Concerning environmental health, the Committee recommends that the State party reaffirm that radiation exposure in evacuation zones is consistent with internationally accepted knowledge on risk factors for children and continue providing financial, housing, medical and other support to evacuees, in particular children, from areas not designated for return. Japan should also intensify the provision of medical and other services to children affected by radiation in Fukushima prefecture as well as conduct comprehensive and long-term health check-ups for children in areas with radiation doses exceeding 1 millisievert per year.

Relation to other countries
mental health

The Committee is seriously concerned about the insufficient attention to the mental health of adolescents, the negative attitudes towards mental health issues in society and the shortage of child psychologists and other specialized personnel. Therefore, the Committee urges Japan to address the emotional and psychological well-being of children and adolescents through a multidisciplinary approach, including analysis of root causes, awareness-raising and increasing the number of specialists.

Impacts of climate change

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 in developing policies or programmes addressing the issues of climate change and disaster risk management. It also recommends to increase children’s awareness and preparedness for climate change and natural disasters by incorporating the topic into the school curriculum and teachers’ training programmes. Japan should further collect disaggregated data identifying the types of risk faced by children to the occurrence of a variety of disasters in order to formulate international, regional and national policies, frameworks and agreements accordingly. Furthermore, the Committee recommends that the State party ensure that climate mitigation policies are compatible with the Convention, including by reducing its emissions of greenhouse gases in line with its international commitments to avoid a level of climate change threatening the enjoyment of children’s rights.
In addition to that, the Committee recommends that the State party reconsider its funding of coal-fired power plants in other countries and ensure that they are gradually replaced by power plants using sustainable energy.

Business sector

The Committee recommends that Japan adopt and implement regulations to hold the business sector accountable for complying with international standards, including on labour and the environment, that are relevant to children’s rights. Also, Japan should undertake awareness-raising campaigns in collaboration with the tourism industry, media and advertising companies, the entertainment industry and the public at large on the prevention of sexual exploitation of children in the context of travel and tourism.

Situation of juvenile justice

The Committee is seriously concerned that the right to legal counsel is not systematically implemented, children over 16 years of age committing serious offences can be sent to adult criminal courts and children between 14 and 16 years of age can be detained in correctional centres. Furthermore, the Committee is seriously concerned that children designated as “likely to commit crimes” may be deprived of their liberty and children are sentenced to life imprisonment, and are generally detained considerably longer than the minimum pre-parole period.
Therefore, 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 study the root causes of child offending and urgently implement preventive measures as well as 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. Japan should also ensure that no child is tried by adult criminal courts.

Specific observations

The Committee is seriously concerned that the right to legal counsel is not systematically implemented, children over 16 years of age committing serious offences can be sent to adult criminal courts and children between 14 and 16 years of age can be detained in correctional centres. Furthermore, the Committee is seriously concerned that children designated as “likely to commit crimes” may be deprived of their liberty and children are sentenced to life imprisonment, and are generally detained considerably longer than the minimum pre-parole period.
Therefore, 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 study the root causes of child offending and urgently implement preventive measures as well as 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. Japan should also ensure that no child is tried by adult criminal courts.

Additional background

Concluding observations on the fourth and fifth periodic reports released on 5 March 2019. The Committee recommends that the State party consider withdrawing its reservation to article 37 (c), which constitutes an obstacle to the full application of the Convention.More information about education in Japan:

https://wenr.wes.org and https://wenr.wes.org

Last Updated (date)1st of March, 2022

Mauritius

CountryMauritius
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 in the home, alternative care settings, day care and penal institutions.
Overview of the child rights situation

In the Mauritius report, it is noticeable that many points are not addressed, such as asylum and migration, but also mental health or the state of digitalization. On the positive side, education is at a relatively high level and has been free of charge for a long time.

Female genital mutilation and reproductive rights

The Committee is concerned at the increase in the sexual exploitation of children, especially child sex tourism. The Committee is also concerned at the lack of systematic and compulsory reporting and investigation of sexual offences against children.

Concerning reproductive health, the Committee recommends to ensure that comprehensive sexual and reproductive health education is made part of the mandatory school curriculum and is targeted at adolescent girls and boys, with special attention to the prevention of early pregnancies and sexually transmitted infections.

Discrimination
Situation of children with disabilities

In Mauritius, children with disabilities attending schools face rejection and stigmatization. Also, the vast majority of children with disabilities do not benefit from adequate support, and the social stigma, fear and misconceptions surrounding children with disabilities remain strong in society, leading to their marginalization and alienation.
To improve the situation for children with disabilities, the Committee recommends that the State party 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. It should also undertake awareness-raising campaigns aimed at the public and families to combat stigmatization and prejudice against children with disabilities and promote a positive image of children and adults with disabilities.

Education
Free kindergartenYes
Free primary and secondary schoolYes
Health
physical health

The Committee is concerned about the prevailing maternal malnutrition and inadequate prenatal care, which are considered to be primary causes of low birth weight. The Committee is also concerned about the very limited measures to treat hepatitis C cases. The Committee therefore recommends that the State party take further measures to address maternal malnutrition, unhealthy lifestyles and inadequate parental care in order to prevent low birth weight. The State party is also encouraged to take measures to improve the nutritional status of infants, children and mothers. The Committee further recommends that the State party ensure the effective treatment of hepatitis C cases, including through immunization.
Concerning adolescent health, the Committee is concerned about the limited impact of sexual and reproductive health education and the absence of drug awareness sessions from the curriculum. They recommend to develop specialized and youth-friendly drug dependence treatment and harm reduction services for children and young people.

Relation to other countries
Impacts of climate change

The Committee notes with concern that policies and programmes addressing climate change and disaster risk management, such as in the case of cyclones, do not address the special vulnerabilities and needs of children, and that data available to formulate policies do not identify the types of risk faced by children. The Committee recommends as next steps for the State party to ensure that the special vulnerabilities and needs of children, as well as their views, are taken into account in developing policies or programmes to address issues of climate change and disaster risk management and collect disaggregated data identifying the types of risk faced by children due to the occurrence of a variety of disasters.

Business sector

The Committee is concerned that some children below the age of 18 work in dangerous conditions, including in agriculture, street vending and domestic service.
The Committee recommends that the State party adopt a strategy to combat child labour and, in particular, that it compiles information on child labour, including statistics.

Situation of juvenile justice

The Committee is concerned about the lack of systematic provision of information to children on their rights when deprived of their liberty and the lack of legal aid for juvenile offenders. Mauritius should improve the situation by restructuring the reform institutions for the rehabilitation of minors in conflict with the law, in particular through the enhancement of education and training for children in rehabilitation centres, and the provision of adequate psychiatric, psychological and social counselling. Also, the Committee recommends to ensure the provision of information to children on their rights when deprived of their liberty, and independent legal aid at an early stage of the procedure and throughout the legal proceedings.

Specific observations

The Committee notes with concern that State officials and regional and municipal authorities are not sufficiently aware of their obligation to promote the implementation of the Convention.

Additional background

Concluding observations on the third to fifth periodic reports released on 27 February 2015. More information about education in Mauritius: https://govmu.org

https://www.childrightsfacts.org/wp-content/uploads/2022/03/Mauritius.pdf

Last Updated (date)1st of March, 2022

Antigua and Barbuda

CountryAntigua and Barbuda
Optional protocolon the Sale of Children, Child Prostitution and Child Pornography
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings, day care, schools and penal institutions.Corporal punishment is unlawful as a sentence for children convicted of an offence but some provisions authorizing it are still to be formally repealed.
Overview of the child rights situation

The report from Antigua and Barbuda is relatively short and therefore contains little information on the situation of families and children in alternative care settings. The specific situation of girls, inter and trans children is also not addressed.

Female genital mutilation and reproductive rights

The Committee is concerned about reports of men having sexual relations with girls as young as 8 years old as well as the stigmatization of child victims and the low rate of prosecutions of alleged offenders.

Regarding adolescent health, the Committee recommends to develop sexual and reproductive health services, including free contraceptives and confidential counselling for adolescent girls and boys.

Discrimination
Situation of children with disabilities

The Committee is deeply concerned that the absence of a standard legal definition of a child with a disability, combined with the lack of reliable data and of a national policy on children with disabilities, hinders the delivery and evaluation of services for them. Also, there is no explicit legal provision mandating the provision of services for children with disabilities or their access to public buildings, public spaces and all service delivery areas.

To address these issues, the Committee urges the State party to reform the system of social assistance for children with disabilities and their families in order to improve its coherence and coordination and avoid institutionalization. Further, the State party should promote inclusive education by training and assigning specialized teachers and professionals to inclusive 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.

Situation of asylum-seeking, refugee and migrant childrenThe Committee notes that the State party has established an ad hoc committee to deal with asylum. However, it is concerned that the absence of legislation or of a specific regulation governing asylum procedures may leave refugee children vulnerable to trafficking for the purpose of sexual exploitation. Therefore, the Committee recommends that the State party accede to the 1961 Convention on the Reduction of Statelessness and establish referral mechanisms to ensure the proper identification and protection of victims of trafficking, especially unaccompanied children, and to provide victims of trafficking, including children, an effective opportunity to seek asylum.
Education
Free kindergartenNot clear
Free primary and secondary schoolYes
Health
physical health

The Committee notes as positive that the State party, through the Medical Benefits Scheme, continues to offer free medical care to children under 16 years of age and that immunization coverage remains high. However, the Committee is concerned at the increasing level of obesity and malnutrition among children. Therefore, the Committee encourages Antigua and Barbuda to strengthen its efforts to improve the health-care infrastructure, including through international cooperation, in order to ensure access to free medical care and services for all children, including those between 16 and 18 years of age.
Concerning adolescent health, the Committee is concerned about the relatively high rate of teenage pregnancies and the absence of a comprehensive national programme. Furthermore, the Committee is concerned about insufficient coordination among agencies that undermines the potential to develop a strategic and sustainable response to preventing early pregnancies. Also, the increase in levels of abuse of alcohol and marijuana is not being effectively addressed.

Relation to other countries
mental health

The Committee notes the measures taken by the State party to address mental health issues. However, it is concerned about the shortage of qualified child psychiatrists and community-based mental health services.
The Committee recommends that community-based mental health services be made readily available and that steps be taken to strengthen preventive work, particularly in the home environment and in care centres. It also recommends that the number of child psychiatrists and psychologists be increased.

Impacts of climate change

Noting that the State party is prone to natural disasters, and drawing attention to target 1.5 of the Sustainable Development Goals on building the resilience of the poor and those in vulnerable situations by 2030 so as to reduce their vulnerability to extreme climate-related events, economic, social and environmental shocks and disasters, the Committee recommends that the State party identify, including through the collection of disaggregated data, the types of risks children would face in the event of natural disasters.

Business sector

The Committee recommends to take the measures necessary to ensure that the involvement of children in all contexts is in full compliance with international child labour standards with respect to age, working hours, working conditions, education and health and explicitly prohibit the employment of children between 14 and 18 years of age in work likely to cause harm to their health, safety and morals.

Situation of juvenile justice

The Committee urges Antigua and Barbuda to ensure that the rights of the children currently protected by the presumption of lack of criminal responsibility be strengthened. The State party should also step up its efforts to transform the Boys Training School into an appropriate residential option for boys, ensuring that the arrest and detention of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time and in accordance with the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules) and other relevant standards.

Specific observations

The Committee welcomes the strides made by the State party in virtually eliminating the mother-to-child transmission of HIV and in establishing various preventive initiatives. However, it is concerned at the increasing number of girls infected with HIV and the social stigmatization and discrimination that prevents HIV-positive patients from seeking medical treatment.

The Committee also remains concerned at the lack of targeted budgetary allocations for the implementation of the Convention, particularly for those provisions affecting children in marginalized and vulnerable situations. The Committee is also concerned at the decline in the total budget allocated to the education and health sectors.

Additional background

Concluding observations on the second to fourth periodic reports released on 30 June 2017.More information about education in Antigua and Barbuda: https://education.gov.ag and https://res.cloudinary.com

Last Updated (date)1st of March, 2022

Eritrea

CountryEritrea
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 in the home, alternative care settings, day care, schools and possibly in penal institutions.
Overview of the child rights situation

The report from Eritrea makes it clear that children there grow up under very poor conditions. Many flee in hope of a better life, even accepting separation from their families. Eritrea's military shoots at these children at its borders. The military is generally described as brutal, and there are also reports that the military commits crimes against children.

Female genital mutilation and reproductive rights

Because of the lack of gender-sensitive sanitation facilities, girls are forced to stay away from school when they are menstruating.

To improve the situation for girls, the Committee recommends that the State party continue and strengthen its efforts to eliminate stereotypes and practices that discriminate against girls, including harmful practices, sexual and domestic violence and unequal inheritance rights for girls, and adopt a comprehensive strategy in this regard.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee, while welcoming the increasing budgetary allocations to the education and health sectors, regrets the lack of information and data relating to the budget specifically allocated to children belonging to the most vulnerable groups of society, including children of ethnic minorities and indigenous populations.
Situation of children with disabilities

The Committee is concerned about the lack of statistical data on children with disabilities, including on those who do not attend school. The Committee is also concerned about the referral of children with visual and hearing impairments, as well as developmental and intellectual disabilities, to special schools. The Committee encourages Eritrea to promote inclusive education for all children with disabilities and, over time, phasing out the placement of children with disabilities in special schools.

Situation of asylum-seeking, refugee and migrant childrenA large number of people leaving the country, including unaccompanied children, face the risk of being trafficked, smuggled or abducted. Therefore, the State party should ensure that child victims of trafficking, smuggling and abduction are safely reunited with their families and provide child victims with all the support, protection and assistance, including psychosocial counselling and health care, that they need.
Education
Free kindergartenNot clear
Free primary and secondary schoolYes
Health
physical health

The Committee commends the State party for the efforts and major progress made on child and adolescent health since the last reporting period, including the drop in maternal and child mortality, as well as the reduction of communicable and non-communicable diseases.

To further improve the situation in Eritrea, the Committee recommends to implement and monitor relevant national strategies on child health, including on child survival, on adolescent health and information services, on HIV/AIDS, sexually transmitted diseases and tuberculosis, as well as on sanitation in rural areas.

Relation to other countries
Impacts of climate change

The Committee recommends to define budgetary lines for children in disadvantaged or vulnerable situations that may require affirmative social measures, and make sure that those budgetary lines are protected even in situations of economic crisis, natural disaster or other emergencies.

Business sector

The Committee is concerned at reports that child labour involving children under the minimum age is widespread, and at the lack of comprehensive measures to ensure that children are protected from economic exploitation and the worst forms of child labour. Therefore, the Committee urges the State party develop, adopt and implement regulations that protect children from economic exploitation and from performing any work that is likely to be hazardous, to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development.

Situation of juvenile justice

Children in detention routinely face torture, cruel and degrading treatment, including corporal punishment, in particular if they have been accused of attempting to avoid military service or fleeing the country. In general, violence against children, including sexual violence, is widespread in the context of national service and military training.
Also, Eritrea hasn’t implemented a juvenile justice system and children are placed in detention facilities and prisons together with adults. The Committee urges Eritrea to improve the situation by establishing a child-friendly juvenile justice system that is in full conformity with the Convention and that detention conditions comply with international standards, including with regard to children’s access to education and health services and their ability to maintain contact with their families through correspondence and visits.

Specific observations

The Committee is seriously concerned about measures adopted for border control that reportedly include excessive use of force, including a “shoot to kill” policy against those trying to flee the country, including children. Furthermore, the Committee is seriously concerned that the conditions in the State party are so harsh that a large number of children feel compelled to leave the country, even if it results in them being separated from their families and risking their lives and full development.
Also, the Committee notes with concern that corruption continues to be pervasive and diverts resources that could otherwise improve the implementation of the rights of the child, thereby weakening the efficiency and effectiveness of budgetary allocations for children.
In addition to that, the Committee urges Eritrea to immediately reinstate the full citizenship of children and their families who follow unrecognized religious denominations and ensure their equal access to public services, including for the issuance of official identity cards.

Additional background

Concluding observations on the fourth periodic report released on 2 July 2015.
World Data on Education

Last Updated (date)1st of March, 2022

Ecuador

CountryEcuador
Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
ViolenceThe Committee is concerned about violence against children during public demonstrations, and disciplinary measures and sanctions imposed on children taking part in protests.
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings, day care and as a sentence for crime.
Overview of the child rights situation

In Ecuador, children with disabilities are marginalized and discriminated against in access to health, education, support and protection services. Many children are malnourished, in part due to multidimensional poverty in early childhood. In addition, many households do not have access to clean water or sanitation. Also of concern are children’s access to appropriate information, education and health services, which are much less prevalent in remote or rural areas.

Situation of intersexual and transsexual childrenThe Committee recommends to adopt a strategy, specific legal provisions and clear guidelines for public authorities aimed at upholding non-discrimination against children on any grounds and combating stigma against children of single-parent families, children born to persons deprived of their liberty, children in families composed of same-sex couples and lesbian, bisexual, gay, transgender and intersex children.
Female genital mutilation and reproductive rights

Gender-based violence is prevalent, especially sexual violence, harassment and abuse against girls. There are persisting barriers for children in accessing sexual and reproductive health care. Abortions are criminalized.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned about the negative impacts of the extractive mega-projects and activities in indigenous areas, including violence against indigenous children in the context of law enforcement activities. Furthermore, the Committee is concerned about the low quality of intercultural bilingual education and the insufficient system of data collection concerning the situation of Afro- Ecuadorian and Montubio children.<br /> To improve the situation, the Committee recommends that the State party carry out processes to seek the free, prior and informed consent of indigenous peoples and indigenous children in relation to all measures that impact their lives, in particular the exploitation of natural resources in their areas. Ecuador should also ensure appropriate budget allocations and speed up the implementation of quality bilingual intercultural education across all provinces, including through appropriate materials, bilingual teachers and educative tools.
Situation of children with disabilities

Not all children with disabilities have access to mainstream inclusive schools. To improve the situation for disabled children, the Committee recommends to set up a comprehensive strategy to ensure that all children with disabilities access the mainstream inclusive education system. Furthermore, the Committee recommends that the State party develop guidelines aimed at providing reasonable accommodation and appropriate support for children with disabilities in education and in the development of inclusive education environments, teaching tools and teaching methodologies.

Situation of asylum-seeking, refugee and migrant childrenThe Committee recommends to adopt legislation and measures to provide specific protection and assistance for migrant, asylum-seeking and refugee children, including unaccompanied and separated children, throughout the refugee determination process and ensure prompt enrolment in the civil registry and identification of refugee children.
Education
Free kindergartenNot clear
Free primary and secondary schoolNo
Digital possibilitiesThe Committee recommends to adopt measures to protect children from harmful information and products and online risks, and against negative portrayal and discrimination against children. Also, it recommends to conduct awareness-raising programmes on the rights of the child, particularly among journalists, teachers and professionals engaged in mass media and the Internet. Ecuador should as well expand access to the Internet and information to children living in rural areas.
Health
physical health

The Committee recommends to strengthen Ecuador’s efforts, in particular through the allocation of financial resources and equipment, to improve the coverage and quality of health-care services and assistance for children, particularly in rural areas. Also, the Committee is deeply concerned about barriers to access HIV testing, owing to attitudinal prejudices on the part of health-care professionals.

Relation to other countries
mental health

The Committee recommends to set up a nationwide strategy to combat suicide among adolescents.

Impacts of climate change

The newly adopted intergenerational approach may affect the implementation of the children’s rights convention, particularly on local level. Institutions that used to be responsible for the implementation of the rights of the child have been transformed to intergenerational councils.

Business sector

The Committee recommends to Ecuador to establish a clear regulatory framework, especially for companies in the oil and mineral sectors, to ensure that their activities do not negatively affect human rights or endanger environmental or other standards, especially those relating to children’s rights. Further, the State party should ensure that affected communities, including rural communities, indigenous peoples and nationalities and Afro-Ecuadorian communities have access to information about planned mining operations and any associated risks, particularly for children.

Situation of juvenile justice

The Committee is concerned about the absence of legal provisions authorizing a reduction of the term of deprivation of liberty and about insufficient information about measures to protect the life and integrity of children in rehabilitation centres.
The Committee recommends to increase the legal age for the application of measures for deprivation of liberty and establish and train specialized juvenile judges.

Specific observations

The age limit for watching and participating in bullfighting is 16 years, while the Committee recommends setting the age limit to 18 years.

Not all schools, households and health facilities have access to safe water and sanitation.

Additional BackgroundConcluding observations on the fifth and sixth periodic reports released on 26 October 2017.
Last Updated (date)1st of March, 2022

Haiti

CountryHaiti
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 in the home, alternative care settings and day care.
Overview of the child rights situation

The Committee notes the continuing effects of the 2010 earthquake and the political instability in the State party, which impede the implementation of the rights enshrined in the Convention.
The report on the child rights situation in Haiti is very detailed, especially in the sections on gender-based discrimination and violence as well as on the problematic conditions of children working in domestic work. In addition, the situation in Haiti after the strong earthquake in 2010 must be taken into consideration, because this has set the country back very far, many children have become orphans and public facilities such as schools and health centres were destroyed. All in all, the situation of children in Haiti is therefore rather bad in the majority of cases.

Situation of intersexual and transsexual childrenThe Committee is deeply concerned about cases of violent attacks, including rape, and death threats carried out against human rights defenders, and in particular human rights defenders working on girls’ rights, as well as lesbian, gay, bisexual, transgender and intersex rights, and failure to investigate these crimes by the authorities.
Female genital mutilation and reproductive rights

The Committee is concerned about persistent discrimination against girls, who are subjected to gender stereotypes and violence from the earliest stages of their lives. The Committee is gravely concerned about the high levels of gender-based violence, including sexual and domestic violence, against women and girls, particularly those living in IDP camps, as well as the widespread impunity enjoyed by the perpetrators. It is further noted with grave concern that the incidence of gender-based violence and sexual assault is supported by gender-biased attitudes that blame the female victim.
To improve the situation, the Committee recommends to eliminate societal discrimination against girls through public educational programmes, including campaigns, organized in cooperation with civil society organizations, opinion leaders, families and the media to combat the stereotyping of gender roles and build the competence of teachers and other personnel at all levels of the education system on gender equality.

Discrimination
Situation of children with disabilities

The number of children with disabilities has increased following the 2010 earthquake. They are marginalized and socially excluded. To improve the situation for those children, the Committee urges Haiti to take immediate measures to ensure that children with disabilities have access to basic services, in particular health care, including early detection and intervention programmes, and that all children who have been subjected to amputations following the 2010 earthquake are provided with prostheses. Also, the Committee urges the State party to ensure that all children with disabilities have access to education, 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.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is seriously concerned about the extremely difficult living conditions, including significant health problems, in particular diarrhoea, fever and severe spread of cholera, undernutrition, lack of adequate drinking water and sanitation and the particularly poor housing, in makeshift camps of Haitians, among stateless families of Haitian descent and Dominican-born children of undocumented Haitian migrants, as well as unaccompanied children who have been expelled from the Dominican Republic. Therefore, the Committee urges the State party to take prompt measures to provide children and their families who have been expelled from the Dominican Republic with access to adequate nutrition, water, sanitation, housing and health care. It should furthermore ensure assistance to and protection of unaccompanied children. The Committee also recommends that the State party strengthen cooperation with authorities from the Dominican Republic to ensure that relocation to Haiti takes place in a manner that respects the human rights of children and their families.
Education
Free kindergartenNo
Free primary and secondary schoolNo
Health
physical health

While noting the efforts made by the State party to increase access to health services, the Committee is concerned that more than half of the population does not have access to basic health care and that the health sector is largely deficient and under resourced, with insufficient health personnel, lack of public hospitals and lack of quality health care. The Committee recommends to increase the portion of its annual budget devoted to health to at least 15 per cent and clearly define financing strategies, paying particular attention to children under the age of 5. Furthermore, the Committee recommends that the State party address the lack of health staff by training, recruiting and retraining qualified health workers and provide all parts of the country with accessible and high‐quality health-care facilities.

Concerning adolescent health, the Committee is concerned about the lack of access to reproductive health services, contraceptives and prevention programmes for sexually transmitted diseases and HIV/AIDS, as well as the high rate of adolescent pregnancies, and also notes with concern the relatively high rate of new HIV infections among adolescents.

Relation to other countries
mental health

The Committee recommends to make mental health services available.

Impacts of climate change

The Committee is concerned about the negative effects of polluted air in urban areas in and around Port-au-Prince and Cap-Haïtien, caused mainly by traffic congestion, trash burning, the use of charcoal for cooking and the use of diesel generators to produce electricity. In this regard, the Committee also notes with concern that women and children are particularly vulnerable to smoke-related illnesses due to women’s traditional cooking responsibilities. Furthermore, the Committee is concerned that DDT pesticides, which have been linked to cancer, nerve damage and reproductive defects, may still occasionally be used in the State party.

The Committee is also concerned about the significant increase in frequency and intensity of hurricanes and tropical storms, leading to flooding and erosion, as a result of climate change. The Committee recommends to Haiti to ensure that the special vulnerabilities and needs of children, as well as their views, are taken into account in developing policies or programmes addressing the issues of climate change and disaster risk management.

Business sector

The Committee is concerned that many child domestic workers are forced to work in slavery-like conditions, are subjected to physical, emotional and sexual abuse by their host family and are frequently malnourished and stunted. Children from poor families are particularly vulnerable to having to work as child domestic workers, as parents who cannot feed their children often see sending their child away as a domestic worker as their only choice. The Committee recommends that the State party vigorously enforce the law prohibiting the employment of children under 15 years of age and criminalize the practice of placing children in domestic service, undertake legal amendments to ensure that the law entails adequate punishments and provide training to law enforcement professionals on these laws.

Situation of juvenile justice

The Committee, while welcoming the increase in the number of juvenile judges, notes with concern that juvenile courts exist only in Port-au-Prince and Cap-Haïtien, that the juvenile court in Cap-Haïtien has not been formalized in law and that the number of juvenile judges is still insufficient. It is furthermore concerned that children in detention have reportedly been subjected to torture, their living conditions in prison are very poor, they lack access to health care and they have particularly limited access to education. To improve the situation, the Committee urges Haiti, among other things, to expeditiously establish sufficient specialized juvenile court facilities and procedures with adequate human, technical and financial resources and increase the number of juvenile judges. Haiti should also eliminate and prosecute all forms of torture and ill-treatment against children, improve living conditions in prison and ensure that detention conditions are compliant with international standards, including with regard to access to education and health services.

Specific observations

The Committee, while welcoming the efforts made with regard to increasing food security and decreasing rates of child malnutrition, notes with concern that food insecurity and malnutrition remain prevalent among children. It is highly concerned about widespread, extreme and increasing family poverty.

Additional BackgroundConcluding observations on the second and third periodic reports released on 24 February 2016.
Last Updated (date)1st of March, 2002

Jamaica

CountryJamaica
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 in the home, some day care and schools.
Overview of the child rights situation

While Jamaica's report is relatively long compared to the other Caribbean islands, the committee reiterates many points they made from the last report. On the positive side, some numbers have improved, such as a decrease in violent crime and an increase in the number of birth certificates. Due to the financial crisis, however, the country is still on the way to implementing many aspects, and in terms of children's rights, there is still much that needs to be improved.

Female genital mutilation and reproductive rights

Family planning programmes have been successful in reducing the overall adolescent fertility rate. To continue these positive developments, Jamaica intends to continue to focus on providing comprehensive sexual and reproductive health education and services.
To guarantee every child the enjoyment of the highest attainable standard of health, the Committee recommends to Jamaica to strengthen its efforts to ensure adequate provision of prenatal and postnatal care, as well as address the increase in maternal mortality.

Discrimination
Situation of children with disabilities

The Committee welcomes the numerous initiatives to ensure that the rights of children with disabilities are fully respected.
The Committee is nonetheless concerned that children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life, including the education system. Also, there is a lack of public awareness of the rights of children with disabilities.

To improve the situation for disabled children and their families, the Committee recommends to coordinate laws and policies for the promotion and protection of the rights of children with disabilities at the national level and ensure that schools provide inclusive education.
The State party should also ensure that schools and care facilities are accessible, adequately staffed and funded.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned about the impact of migration on children, especially those left behind, as well as challenges in securing maintenance from parents who have migrated abroad. Therefore, the Committee recommends that the State party undertake a comprehensive study on all aspects of migration’s impact on children in the country and the role of child protection and social protection systems in providing services for children affected by migration.
Education
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee is concerned about inadequate training of correctional officers who interface with children and the lack of access by judges to sources of information, including copies of current legislation, computers and the Internet.
Health
physical health

The Committee commends the State party for the decrease in infant mortality rates and the relatively high vaccination coverage of children. It also welcomes information that the State party has made advances in promoting children’s health, including the removal of fees for treatment at all government hospitals and clinics in the State party.
The Committee is concerned about perinatal mortality levels, the increase in maternal mortality, persistent levels of undernourishment among the poorest children, the general shortage of health-care providers and the lack of access by children to quality health care.

Concerning adolescent health, the Committee recommends to undertake a comprehensive study to assess the nature and extent of adolescent health problems, with the full participation of adolescents, as a basis for future health policies and programmes.

Relation to other countries
mental health

The Committee welcomes the development of the Mental Health Strategic Plan and the expansion of mental health services in the State party. The Committee is concerned, however, that there is limited access to mental health care and psychosocial rehabilitation for children, especially in relation to depression and suicide attempts. Therefore, the Committee recommends to facilitate the physical and psychological rehabilitation of child victims and ensure access for them to health services, including mental health services.

Impacts of climate change

While noting as positive the fact that the State party has established guidelines for child-friendly disaster management and response, the Committee is concerned at the adverse impact of climate change and natural disasters on the rights of the child, including the rights to education, health, adequate housing, safe and drinkable water and sanitation. It is also concerned that natural disasters have the potential to undermine the social safety net of the State party, with negative consequences for children and families exposed to poverty. Therefore, the Committee recommends that the State party develop strategies to reduce the vulnerabilities of and risks for children and families.

Business sector

The Committee recommends that Jamaica takes measures to prevent children from being economically exploited, by adopting legislation and policies to address child labour in both the formal and informal sectors. After implementation, light work for children aged under 13 to 14 and hazardous occupations for children under 18 should be prohibited.

Situation of juvenile justice

While various initiatives to improve the situation in administration of juvenile justice have been conducted, the Committee recommends to adopt a holistic and preventive approach to addressing the problem of children in conflict with the law and its 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 to further improve the system.
The Committee, among other things, also recommends to provide effective rehabilitation services, including mental health counselling and substance abuse treatment. Jamaica should also ensure that detention conditions comply with international standards, including with regard to access to education and health services.

Specific observations

The Committee welcomes the establishment of a comprehensive database (JamStats) capturing a wide range of social and economic indicators on the various aspects of children’s lives as well as initiatives to strengthen existing data collection and management processes.

Additional background

Concluding observations on the third and fourth periodic reports released on 10 March 2015.More information about education in Jamaica: https://moey.gov.jm

Last Updated (date)1st of March, 2022

Barbados

CountryBarbados
Safety
Corporal punishmentCorporal Punishment is legal in the home, alternative care settings, day care, schools, penal institutions and as a sentence for crime.
Overview of the child rights situation

In the report on Barbados, many points are completely missing, for example the situation regarding children’s mental and physical health. It is also interesting that, in this report, disability is listed in the health section instead of the discrimination section as in the other reports.

Female genital mutilation and reproductive rights

The Committee recommends to adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and targeted at adolescent girls and boys, with special attention paid to preventing early pregnancy and sexually transmitted infections, including HIV.

Discrimination
Situation of children with disabilities

The Committee notes with appreciation the adoption of the policy on persons with disabilities, the development of special curricula and individualized education plans, and the establishment of the first secondary school and vocational centre for adolescents with special needs. It is, however, concerned at the lack of information on the implementation of the policy, as well as on measures taken by the State party in relation to the assessment, prevention, early detection, intervention, treatment and rehabilitation of children with disabilities, their access to social services, inclusive education and funding available to support the programmes and policies.
To improve the situation for disabled children, the Committee recommends to set up a comprehensive strategy for the inclusion of children with disabilities and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned that the constitutional protection from discrimination (section 23 (3) (a)) is not fully applicable to migrant children. It is also concerned that the amendment of the Education Act limits the award of bursaries, grants, awards and scholarships to citizens of the State party and excludes migrant children even when they are legal residents. The Committee recommends that the State party consider extending constitutional protection to all children, including migrant children, in particular in the area of education.
Education
Free kindergartenNo
Free primary and secondary schoolYes
Health
physical health

The Committee remains concerned at the lack of access to sexual and reproductive health information and services, including modern contraception methods, by adolescent girls and the consequent high rate of teenage pregnancies and abortions, and transmission of HIV. The Committee is also concerned at the growing alcohol and drug consumption by children and adolescents in the State party. Therefore, the State party should address the incidence of drug and alcohol consumption by children and adolescents by, inter alia, providing children and adolescents with accurate and objective information and life-skills education on preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug-dependence treatment and harm reduction services.

Relation to other countries
Business sector

The State party’s legislation is not in line with international standards, as it does not establish a clear minimum age for children’ s work and does not prohibit the involvement of children in hazardous work. The Committee is also concerned at the lack of data on the extent of child labour in the State party, as well as at the weak mechanism of child labour inspection. To improve the standards, the Committee urges Barbados to harmonize the legislation on child labour with international standards, establish a clear minimum age for children’s work, explicitly prohibit the employment of children under the age of 18 in hazardous work and establish a list of hazardous occupations. The State party should further develop a comprehensive framework of labour inspection, occupational health and safety standards and a system for collecting data on the extent of child labour in the State party.

Situation of juvenile justice

The Committee is deeply concerned that children older than 16 are not considered children by the juvenile justice system, are treated and tried as adults and therefore lack the protection afforded by the Convention. Furthermore, the Committee is deeply concerned that the age of criminal responsibility, while it has been raised to 11, remains low, and that the juvenile justice system is focused on punishment rather than prevention.

The Committee urges Barbados to ensure that the new juvenile justice system is in line with the principles of the Convention and is applicable to all persons under the age of 18 years. Also, the Committee urges the State party to ensure, in cases where detention is unavoidable, that children are not detained together with adults and that detention conditions are compliant with international standards, including with regard to access to education and health services.

Specific observations

Any child born outside the State party to a citizen is entitled to citizenship by descent.

While noting the information on the initiatives taken by the State party to combat negative traditional stereotypes regarding the role of children and ensure their civil rights and freedoms, the Committee remains concerned about insufficient legislative measures to enhance that process and accept children fully as subjects of rights.

Additional background

Concluding observations on the second periodic report released on 3 March 2017.More information about education in Barbados:
https://mes.gov.bb

Last Updated (date)1st of March, 2022

Botswana

CountryBotswana
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, schools, penal institutions and as a sentence for crime.
Overview of the child rights situation

The report from Botswana shows that the child rights situation remains difficult. Many children live in poverty, and children who are suspected of having committed a crime, or who have committed a crime, face corporal punishment in prison. Many issues, such as child labour, the impact of climate change, or the situation of intersex children are addressed only briefly or not at all.

Female genital mutilation and reproductive rights

While welcoming the various awareness-raising campaigns and platforms on adolescent health issues, the Committee recommends that the State party provide free, confidential and adolescent-responsive sexual and reproductive health services, information and education, paying special attention to preventing early pregnancy and sexually transmitted infections, and ensure that sexual and reproductive health education is part of the mandatory school curriculum and is directed at adolescent girls and boys.

Discrimination
Situation of children with disabilities

The Committee welcomes the establishment of the Disability Public Education Office to combat the stigmatization of and discrimination against children with disabilities and the steps taken by the State party towards adopting a human rights-based approach to disability. It is concerned, however, about the lack of information regarding the situation of children with disabilities and the insufficient progress in ensuring their access to inclusive education.

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 guarantee all children with disabilities, including those with intellectual and psychosocial disabilities, the right to inclusive education in mainstream schools, with adequately trained specialized teachers and professionals to provide individual support and all due attention to them. Further, Botswana should undertake a study on the situation of children with disabilities, including those not currently accessing services or support, and use its findings to inform the implementation of the Convention and existing laws and policies.

Situation of asylum-seeking, refugee and migrant childrenThe Committee welcomes the relocation of refugee children from Francistown Centre for Illegal Immigrants and that refugee children have access to education and free health services. Nonetheless, the Committee is seriously concerned that asylum-seeking and refugee children and families, as well as unaccompanied children, will continue to be subjected to mandatory and prolonged detention. To improve the situation, the Committee recommends to prohibit the detention of refugee and asylum-seeking children and adopt alternatives to detention in order to allow children to remain with family members and/or guardians in non-custodial, community-based contexts, consistent with their best interests and their rights to liberty and a family environment. The Committee also recommends to strengthen measures to ensure full access of all asylum-seeking and refugee children to health services and education.
Education
Free kindergartenNot clear
Free primary and secondary schoolNot clear
Digital possibilitiesThe Committee is concerned that cultural attitudes and practices do not recognize children’s right to privacy, and that the increased access of children to online media has not been accompanied by appropriate awareness-raising activities on online safety. Therefore, the Committee recommends that the State party take all measures necessary to protect the right of the child to privacy, adequately training children, teachers and families on media literacy and online safety and conducting awareness-raising and educational programmes, in cooperation with the media, to eliminate practices that violate children’s right to privacy.
Health
physical health

The Committee welcomes the Botswana Expanded Programme on Immunization and the public health regulations aimed at improving access of children to basic health services and vaccinations. However, it is concerned about the persistently high rates of under-5 mortality and about high rates of neonatal and child mortality due to preventable diseases, including malnutrition and HIV/AIDS.

To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends to prioritize measures to improve access to quality health-care and nutrition services, including by allocating sufficient financial resources, ensuring the availability of qualified health staff, particularly in remote areas, and waiving fees for children of foreign nationality who cannot afford basic health services. In addition to that, the Committee recommends that the State party invest in measures to ensure that health-care services are child-friendly, including through the training of health-care personnel to address the specific needs of children and adolescents.

Concerning adolescent health, Botswana should provide life-skills education on preventing substance abuse, including tobacco and alcohol, and develop accessible, youth-friendly and non-punitive drug dependence treatment and harm reduction services.

Relation to other countries
mental health

The Committee recommends to establish a mental health programme dedicated to children that includes community-based mental health services and preventive work in schools, homes and care centres.

Business sector

The Committee recommends that the State party allocate sufficient human, technical and financial resources to labour inspection in order to fully, regularly and effectively implement the laws and policies on child labour, particularly in the agricultural sector, and prosecute any perpetrators of violations relating to child labour.

Situation of juvenile justice

The Committee welcomes the provision in the Children’s Act for social workers to assess children in conflict with the law, the establishment of children’s courts and the use of detention as a measure of last resort.
To further improve the situation, the Committee urges the State party to ensure, in cases where detention is unavoidable, that girls are kept separately from adult women, and where this would result in solitary confinement, apply non-custodial sentences, and that detention conditions for girls and boys are compliant with international standards, including with regard to access to education and health services, and with a regular consideration of their release. Also, Botswana should give urgent consideration to suspending the application of corporal punishment pending its abolition, establishing diversion from an early stage in the system (including through existing mediation processes), promoting the use of non-custodial measures and ensuring the availability of sufficient possibilities for probation, community work and mediation.

Specific observations

The Committee welcomes the measures taken to promote birth registration, including through the amended National Registration Act, but remains concerned about the significant number of children who are not registered. It is also concerned about the persistence of barriers to birth registration and the lack of safeguards to prevent refugee and asylum-seeking children from statelessness.

While welcoming the establishment of the Children’s Consultative Forum and village child protection committees to facilitate child participation at the national and village levels, as well as school councils in secondary schools, the Committee is concerned that such mechanisms do not facilitate meaningful and empowered participation of children in matters that concern them. It is also concerned about the lack of procedures or protocols to ensure respect for the views of the child in administrative and judicial proceedings.

Additional background

Concluding observations on the second and third periodic reports released on 26 June 2019. In view of the information provided by the State party that there is “no legal impediment” to lifting its reservation to article 1 of the Convention (CRC/C/BWA/2-3, para. 20), the Committee urges the State party to expedite the withdrawal of its reservation to article 1.

More information about education: Education Act

Last Updated (date)1st of March, 2022

South Africa

CountrySouth Africa
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 Committee is concerned at the serious divide in access to basic services and an adequate standard of living in the country on the basis of race, geography and economic status, with a disproportionate disadvantage for children living in rural areas and in urban informal settlements.

In addition, the South Africa report reveals that children have poor access to basic services and child protection services and are exposed to increased levels of violence, abuse and harassment. Many children die due to violence, child malnutrition, and the lack of HIV/AIDS prevention and treatment.

Situation of intersexual and transsexual childrenThe Committee is concerned at the high prevalence of harmful practices in the State party, which include intersex genital mutilation. The Committee urges the State party to guarantee the bodily integrity, autonomy and self-determination of all children, including intersex children, by avoiding unnecessary medical or surgical treatment during infancy and childhood.
Female genital mutilation and reproductive rights

The Committee welcomes the development of a legislative, policy and institutional framework to combat gender-based violence. However, the Committee is seriously concerned at the high prevalence of gender-based violence against children, in particular in rural areas and urban informal settlements, both in the home and in schools. Further, the Committee is concerned about the high prevalence of sexual violence and the low age of the victims, the majority of whom are under 15 years of age, with reportedly an increase in the number of victims under 7 years of age. To improve the situation, the Committee, inter alia, urges the State Party to raise public awareness, through the media and through education programmes, and engage men and boys and women and girls, on gender equality and the rights of the child.

The Committee is also concerned at the high prevalence of harmful practices in the State party, which include child and forced marriage, virginity testing, witchcraft, female genital mutilation, polygamy and violent or harmful initiation rites. The Committee is also concerned that, although the practice of ukuthwala involving children is considered an “abuse of ukuthwala” and is a crime, as the State party noted during the dialogue, this practice still exists.

Discrimination
Racism, children belonging to a minority and indigenous childrenThe Committee is concerned at the serious divide in access to basic services and an adequate standard of living in the country on the basis of race.
Situation of children with disabilities

The Committee is concerned at the multiple layers of discrimination and exclusion faced by the majority of children with disabilities in the State party, as well as at the lack of accurate and comprehensive data on children with disabilities and effective provision of reasonable accommodation, such as through the provision of assistive devices and of services in Braille and in sign languages. To improve the situation, the Committee recommends that South Africa strengthen systematic and comprehensive collection of disaggregated data on children with disabilities and utilize the outcome to make policy responses more evidence-based and better suited to the needs of children with disabilities.

The Committee welcomes the efforts made to provide inclusive education to all children, including children with disabilities, by developing full-service schools. But education has low quality and inadequate curriculum content for children with disabilities, especially those with psychosocial disabilities, autism spectrum disorders, and sensory disabilities, which do not enable them to pursue higher education, employment, and independent living after completing their schooling. The Committee therefore recommends to improve the quality, adequacy and adaptability of education provided to children with disabilities, in order to facilitate their fullest possible social integration and individual development.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned at the increasing number of unaccompanied children migrating into the State party, the heightened risk of destitution, exploitation, violence and abuse faced by unaccompanied children and the lack of accurate and disaggregated data on migrant, asylum-seeking and refugee children, including those who are unaccompanied and/or undocumented, as well as on child victims of trafficking. Further it is concerned about the risk of deportation that is faced by migrant, asylum-seeking and refugee children due to the lack of legislation to allow permanent settlement in the State party as a durable solution.The Committee recommends that the State party strengthen systematic and disaggregated data collection on migrant, asylum-seeking and refugee children, in particular unaccompanied and/or undocumented children, as well as on child victims of human trafficking, and conduct a study on their situation as a basis for effective responses.The Committee notes the large number of children who arrive in the State party as unaccompanied asylum-seeking or refugee children from countries recently affected by armed conflicts and is concerned at the lack of procedures to identify children affected by and/or involved in armed conflicts, including children being recruited as child soldiers.
Education
Free kindergartenNot clear
Free primary and secondary schoolNo
Health
physical health

The Committee welcomes the efforts made to focus on primary health care and community health care as well as to expand child immunization coverage. However, the Committee is concerned at the disparity in health-care provision between rural and urban areas, as well as between the public and private sectors and the low quality of the health-care service. To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party improve the quality of health-care services in general as well as the quality of specialist health-care services for children, allocating sufficient human, technical and financial resources and building the capacity of professionals working in the health-care system. The State party should further strengthen its efforts to reduce disparities in health-care service provision across the country, with a strong focus on improving access to public primary health care.

Concerning adolescent health, the Committee notes that the State party is developing new guidelines for youth and adolescent health in order to address adolescent health comprehensively. However, it is concerned at the heightened health risks that adolescents are exposed to, including the disproportionately high rates of HIV infection, Tuberculosis infection, maternal death and alcohol and substance abuse. The Committee recommends that the State party expedite the completion of new guidelines for youth and adolescent health, covering sexual and reproductive health, mental health, violence, and alcohol and substance abuse.

Relation to other countries
mental health

The Committee is concerned about the high rates of depression.

Impacts of climate change

The Committee recommends to establish a clear regulatory framework for the business enterprises operating in 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. Also, South Africa should conduct an independent study on the impacts on children’s health from environmental pollution caused by the activities of extractive industries, including the impacts from water pollution and from dust from mining, and ensure effective implementation by business enterprises, especially large-scale and artisanal extractive enterprises, of international and national environmental and health standards.

Business sector

The Committee is concerned that activities of business enterprises operating in the State party, in particular those of extractive industries, have a negative impact on the enjoyment of the rights of the child, including through environmental pollution and the exploitation of child labour.

Situation of juvenile justice

The Committee is concerned that a large number of children are held in pretrial detention, and there is a lack of access to educational, health and other services, especially for those in pretrial detention. In addition to that, detention facilities are overcrowded. To improve the situation, the Committee recommends that the State party reduce the number of children held in pretrial detention and guarantee access to education, health care and other benefits for all children in detention. In addition to that, the Committee recommends that the State party immediately take the measures necessary to reduce overcrowding of detention facilities.

Specific observations

The Committee strongly recommends to carry out regular monitoring and ensure that measures adopted in such legislation, regulations and guidelines guarantee the birth registration of all children in the State party, including non-nationals.

The Committee welcomes the substantial expansion in social security coverage for children in the State party, which has resulted in an overall decline in child poverty.

Additional background

Concluding observations on the second periodic report released on 27 October 2016. More information about education in South Africa: https://www.education.gov.za and Plan of action

Last Updated (date)1st of March, 2022