Committee on the Rights of the Child

25th session (Geneva, 18 September to 6 October 2000)

Reports by States

Burundi

The Committee was deeply concerned by the widespread discrimination faced by children in Burundi on the grounds of ethnic origin, gender, geographical origin and social status, recommending that the government should make every effort to end discriminatory practices as soon as possible. The Committee was also concerned by the prevalence of physical and sexual abuse, neglect, sexual exploitation and corporal punishment, especially amongst orphans of the armed conflict. The Committee recommended the government establish effective legislative mechanisms and implementation bodies to address these issues. In addition, it also recommended the provision of both physical and psychological care for victims. Further, the Committee was concerned by the severe violations of rights suffered by internally displaced children as a result of the armed conflict. These included cruel, inhuman and degrading treatment or punishment and sexual exploitation, specifically in regroupment camps. The Committee recommended that these camps be closed immediately. Also, it noted the high number of unregistered births amongst the internally displaced and recommended steps be taken in order to complete birth registration immediately. The participation of children in the government’s armed forces was also a particular concern to the Committee, as was the reports of widespread recruitment by the opposition armed forces. The Committee urged the government to end the practice of recruiting child-soldiers and in the context of the current peace negotiations, to demand the end of the practice by opposition forces. In addition the Committee recommended that demobilised children be supported in their re-integration into society.

Central African Republic

The Committee recommended improvement measures to address abuse, neglect and violence against children. Specifically, it recommended the strengthening of efforts to eliminate the worst forms of child labour and the traditional practice of female genital mutilation. The Committee also raised concerned about the number of children still under arms in the country and recommended the Central African Republic work quickly to rectify this situation and to effectively reintegrate child soldiers back into society.

Colombia

The escalation of internal armed conflict has worsened the situation of children in Colombia, although there is an ongoing peace process. Child soldiers and high levels of internal displacement are its main consequences. The economic crisis facing Colombia currently has also played a role in the further deterioration of children’s human rights. The Permanent Representative of Colombia to the United Nations Office in Geneva reminded the Committee that Colombia had been one of the countries who had worked on the texts of the Optional Protocol for the Convention on the Rights of the Child and Colombia had already signed both protocols. Despite these positive efforts there is a culture of violence in Colombia. Particularly vulnerable, are children such as the Afro-Colombian, indigenous, girls, handicapped, street children and children of rural areas. These need special protection. Furthermore the Committee recommends improvement to birth registration processes, the implementation of obligations concerning child labour and preventative measures in the areas of sexual exploitation and the trafficking of children.

Comoros

The report of the Comoros acknowledged the political and social instability related to the on-going peace negotiations with separatist forces on the island of Anjouan and the embargo currently imposed on the Organisation of African Unity. The use of child soldiers by different militias in the on-going violence on Anjouan was of understandable concern to the Committee and it urged the Comoros to take every feasible measure to secure the demobilisation of all child combatants. Furthermore, it recommended that every effort be made to rehabilitate and re-integrate these children into society, while addressing both their physical and psychological needs.

Finland

Although the Act on the "Integration of Immigrants and Reception of Asylum-seekers" (1999) was welcomed as a way of receiving unaccompanied children seeking asylum, the Committee emphasised that the process of family reunification had been slow and this could have a negative impact on children involved. Violence against children in their home (including sexual abuse) was a continued concern of the Committee, particularly as these acts have been outlawed in Finland. The Committee strongly recommended that measures be taken to combat the behaviour of some of its nationals involved in perpetrating child sex tourism in the former Soviet Union.

Marshall Islands

The Committee emphasised that measures should be undertaken to address domestic violence, sexual abuse, child pornography, neglect, ill-treatment and physical abuse as experienced by children, currently not prohibited by law. It raised concern about the widespread use of corporal punishment within society as a whole. Recommendations were made to address this, including the adoption of appropriate prohibitive legislation and education, highlighting the negative impact of corporal punishment on children. The Committee recommended greater provision be made for the views of children to be heard at policy level and by social welfare institutions, courts of law and administrative authorities. Concern at the poor quality and availability of health care services for children was also highlighted, as evident by the high infant mortality rates and widespread malnutrition. Furthermore, concern regarding adolescent health (specifically alcohol and tobacco abuse) suicides, early pregnancy and sexually transmitted diseases were also raised.

Slovakia

Slovakia’s initial report was presented to the Committee, at this session. It was noted that the Slovak Constitution guarantees fundamental rights and liberties, as well as political, economic, social, cultural, judicial and legal rights of all citizens (including all national minorities and ethnic groups), however no additional measures specifically related to the basic rights of a child exist.

Extensive discussion led to the recommendation that Slovakia address the de facto discrimination of Roma children within the school system. The "skinheads" or "white power extreme" movement was also discussed, however the Delegation assured the Committee that the movement was not considered to be of great concern, due to it’s lack of coherence and the extensive current monitoring by the police.

Tajikistan

The Committee expressed concern about the numerous reports of torture, psychological intimidation and corporal punishment of persons under 18 by the militia. Children with disabilities, and the lack of primary health care were also considered to be matters of concern. The Committee recommended that the State party allocate the required resources to effectively implement the "Education for All" program and that it create a system for family reunification. Furthermore, Tajikistan should guarantee compliance with human rights and humanitarian law intended to protect and care for children involved in armed conflict, and to facilitate the rehabilitation of those children

United Kingdom (Overseas Territories and Isle of Man)

The Committee recommended that the State Party ensure the domestic compliance of each Oversees Territory with the Convention. The Committee strongly recommended that the Isle of Man reconsider its decision to abolish the principle of "incapacity of committing a criminal offence" for very young children. Legislation should also be reviewed in order to increase the age of criminal responsibility and to comply with the provisions of the Convention in this matter. A need to establish a focal point on children’s rights, within the Police Complaints Commission, is also considered a priority.

Thematic discussion

State violence against children

Based on a decision taken at during the 23rd session of the Committee on the Rights of the Child, the first of two days of general discussion was held at the 25th session under the theme of "Violence Against Children". The second day of discussion planned for 2001 will focus on the problems of violence suffered by children at schools and within the family.

The discussion was opened by UN High Commissioner Mary Robinson. She underlined that scarce resources have never been accepted as a reason to delay full implementation of civil and political rights, and that the right to freedom from torture or abuse was certainly a fundamental one. Nothing could be more harmful to the full development of a child, than violent victimisation by those that a child had a right to trust. States should not hesitate to ensure that such victimisation did not take place at its own hands. She welcomed the Committee’s endeavours to identify and highlight examples of best practices. Ms Awa N’Deye Ouedraogo, Chairperson of the Committee on the Rights of the Child, in her opening statement, expressed her hope that the discussions would contribute towards breaking the cycle of violence against children. Mr Jacob Egbert Doek, one of the Committee on the Rights of the Child experts, noted that efforts to prevent and combat State violence against children often meet with resistance. The Special Rapporteur on Torture, Sir Nigel Rodley, in his address to the Committee, reminded those present that children were necessarily more vulnerable to the effects of torture, and because they were in the critical stages of physical and psychological development, they might suffer graver consequences than similarly ill-treated adults.

Following its plenary discussion, the members of the Committee and other participants formed two working groups to separately discuss the themes "mistreatment, abuse and neglect of children in the care of the State" and "violence against children in the context of law and public order concerns". In the working group addressing the theme related to children in the care of the state, many experts expressed that efforts to prevent and combat State violence against children could meet with a lot of resistance, since violence often occurred at the hands of State officials. Samaranda Popa (Children Protection Officer, UNICEF, Romania) presented a slide show and stressed that States had a responsibility for the care and protection of children denied or separated from their families.

Discussions also focused on definitions and concepts, notably on the use of provisions of the Convention against Torture (CAT), on the limit to the application of the concept of "violence" and to that of "State violence". Many questions were raised, for example, should States be actively encouraged to ratify CAT and to accept its complaints and enquiries procedures ? It was emphasised that UN human rights mechanisms need to study such issues and provide further clarification.

The need for awareness and sensitisation training was also considered paramount by those present and State violence against children was considered a particularly gross violation of the human rights of children. Participants stated that future objectives were to seek political commitment and will, to reinforce the attention of the international community, to address the problem of social attitudes and to highlight the importance of the role of media.

At the end of the session, joint recommendations were presented by the two working groups, emphasising that all States should be urged to give priority attention to violence against children in the up-and-coming General Assembly Special session on Children and to take steps to eliminate such violence in the resulting plans of action. It was also recommended that the Committee issue a set of General Comments on different forms of violence against children and that consideration be given to an Optional Protocol that provides an individual complaints procedure. Furthermore, the working groups recommended that consideration be given to appointing special rapporteurs on street children and on violence against children, in order to give these issues enhanced international attention.

Top