BHUTAN RECOMMENDATIONS OF CRC
CRC/C/15/Add.157
8 June 2001
UNEDITED VERSION
COMMITTEE ON THE RIGHTS OF THE CHILD 27th Session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
CONCLUDING
OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD: BHUTAN
At its 715th and 716th meetings (see CRC/C/SR. 715-716), held
on 5 June 2001, the Committee on the Rights of the Child considered the initial report of
Bhutan (CRC/C/3/Add.60), which was received on 20 April 1999, and adopted the following concluding
observations.
INTRODUCTION
The Committee notes that the initial State party report was prepared according to the
Committee's guidelines for reporting. It notes the timely submission of the informative
written answers. The Committee further notes with appreciation the presence of a
high-level and cross-sectoral delegation, which contributed to a frank and open dialogue.
POSITIVE ASPECTS
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The Committee notes that the consideration of
the initial report of Bhutan marked the first occasion that the State party had appeared
before a human rights treaty-body.
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The Committee welcomes the progress made at
the Joint Verification Talks and the commencement of the verification process of the
refugees in Nepal. It further welcomes the undertaking made by the head of the State
party's delegation to convey to the Government the Committee's concerns on the need to
accelerate the process.
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The Committee welcomes the incorporation in
the State's development plans of the goals contained in the World Declaration and Plan of
Action from the 1990 World Summit for Children.
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The Committee welcomes the establishment of
the Department of Legal Affairs, which is an important step in consolidating the rule of
law in the State party.
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The Committee welcomes the establishment the
Youth Development Fund and the Health Trust Fund.
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The Committee appreciates the cooperation of
the State party with UN agencies and other international organizations, such as the
formulation and signing of a Master Plan of Operations in cooperation with
UNICEF.
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The Committee welcomes the holistic approach
undertaken by the State party in formulating policies and programmes relating to aspects
of the Convention (e.g. multi-sectoral strategies, such as the Comprehensive School Health
Programme, involving the education and health sectors), and their child-focused approach.
FACTORS AND DIFFICULTIES IMPEDING THE
IMPLEMENTATION OF THE CONVENTION
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The Committee acknowledges that difficult
topography (i.e. difficult mountainous terrain); the relative recency of socio-economic
development; the pressures posed by high population growth on the provision of social
services; and the shortage of human and economic resources, are factors impeding the
implementation of some provisions of the Convention.
-
The Committee notes the challenges posed by
the State's aspirations to maintain its unique culture and identity amidst increasing
development and openness, and within the regional context
PRINCIPAL SUBJECTS OF CONCERN AND
COMMITTEE RECOMMENDATIONS GENERAL MEASURES OF IMPLEMENTATION
Legislation
-
While noting various legislative measures
already taken or proposed with respect to child rights (e.g. amendments to the 1980
Marriage Act, the 1993 Rape Act, the draft Juvenile Justice Act, draft Civil and Criminal
Codes, and the draft Immoral Trafficking Act), the Committee is concerned that they do not
reflect a comprehensive rights-based approach to the implementation of the
Convention.
-
The Committee recommends the State party to:
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ensure the speedy promulgation of legislation
relating to child rights;
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undertake a comprehensive review of existing
legislation, from a rights-based approach, to ensure its conformity with the principles
and provisions of the Convention; and
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consider adoption of a comprehensive
children's code, which incorporates the principles and provisions of the Convention.
Coordination
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The Committee welcomes information that the
government is planning to review the implementation structure for the Convention,
particularly strengthening the role of the CRC Task Force. However, it is concerned that
the CRC Task Force is not yet operational.
-
In consideration of its review, the Committee
recommends the State party to:
-
pursue the preparation and development of a
comprehensive national plan of action to implement its obligations under the Convention,
through an open, consultative, and participatory process;
-
ensure that the CRC Task Force is responsible
for intersectoral coordination and cooperation (at and between national and local levels
of government), dissemination and training of the Convention, coordination of NGO
activities in the implementation of the Convention, as well as coordination in the
preparation of State party reports; and ensure that the CRC Task Force is adequately
resourced (e.g. financially and professionally).
Cooperation
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Noting good government cooperation in
development and welfare sectors with national associations, bilateral aid agencies,
international organizations and NGOs, the Committee is concerned that insufficient
efforts have been made to involve civil society, particularly in the area of civil rights
and freedoms, in the implementation of the Convention.
The Committee
recommends the State party to
-
consider a systematic approach to involve
civil society, especially children's associations, throughout all stages of the
implementation of the Convention, including with respect to civil rights and freedoms; and
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ensure that legislation regulating NGOs
conform to international standards on freedom of association, as a step in facilitating
and strengthening their participation.
Monitoring
structures
The Committee
encourages the State party to
-
consider the establishment of an independent
national human rights institution in accordance with the Paris Principles relating to the
status of national institutions (A/RES/48/134), to monitor and evaluate progress in the
implementation of the Convention at the national and at the local levels. This
institution should be accessible for children, empowered to receive and investigate
complaints of violations of child rights in a child-sensitive manner, and effectively
address them; and
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seek technical assistance from, inter alia,
the Office of the High Commissioner for Human Rights, UNICEF, and the European Network of
Ombudspersons for Children.
Budgetary
allocation
-
While noting significant investments and
increased budgetary allocation in the social sector, the Committee is still concerned that
insufficient attention has been paid to article 4 of the Convention regarding the
implementation to the "maximum extent of...available resources" of economic,
social and cultural rights of children.
The Committee
recommends the State party to:
-
develop ways to establish a systematic
assessment of the impact of budgetary allocations on the implementation of child rights;
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ensure multi-sectoral programmes are
adequately funded;
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ensure the distribution to the maximum extent
of available resources at the national and local levels, and where needed, within the
framework of international cooperation; and
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consider obligations under the Convention in
all aspects of its negotiations with international financial institutions and other
donors, to ensure that economic, social and cultural rights of children,
particularly children belonging to the most vulnerable groups, are well observed.
Data collection
The Committee recommends the State party to:
-
establish a mechanism to systematically
collect and analyze disaggregated data of all persons under 18 years for all areas covered
by the Convention, including the most vulnerable groups (i.e. children of different
ethnicity, living in remote areas, children with disabilities, children of economically
disadvantaged households, etc.); and
-
seek technical assistance from, inter alia,
UNICEF, in this regard.
Training/Dissemination of the Convention
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Noting some state efforts (e.g. radio
programmes), the Committee is concerned that awareness of the Convention amongst
professionals working with and for children, and the general public, including children
remains low. The Committee is concerned that the State party is not undertaking adequate
dissemination and awareness-raising activities in a systematic and targeted
manner.
The Committee recommends the State party to:
-
develop an ongoing programme for the
dissemination of information on the Convention and its implementation among children and
parents, civil society and all sectors and levels of government, including initiatives to
reach those vulnerable groups who are illiterate or without formal education;
-
develop systematic and ongoing human rights
training programmes for all professional groups working for and with children (e.g.
judges, lawyers, law enforcement officials, civil servants, local government officials,
personnel working in institutions and places of detention for children, teachers, health
personnel); and
-
seek assistance from, inter alia, the
Office of the High Commissioner for Human Rights, and UNICEF.
DEFINITION OF THE CHILD
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The Committee notes that the 1996 amendment to
the Marriage Act of 1980 raised the age of marriage of girls to 18. It further notes
information from the delegation that courts, generally, interpret the law to include
persons under 18 as children for all purposes.
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The Committee recommends the State party to
review its legislation so that the definition of the child, and minimum-age requirements
conform to the principles and provisions of the Convention, are gender neutral, are
explicit, and ensure that they are enforced by law.
GENERAL PRINCIPLES
The right
to non-discrimination
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The Committee is concerned at the disparities
in the enjoyment of rights experienced by children belonging to the most vulnerable groups
(e.g. children living in remote areas, belonging to other ethnic groups, children with
disabilities, and children from economically disadvantaged households, etc.).
The Committee recommends the State party to:
-
make greater efforts to ensure that all
children within its jurisdiction enjoy all the rights set out in the Convention without
discrimination, in accordance with article 2; and
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prioritize and target social services for
children belonging to the most vulnerable groups.
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The Committee is concerned about the impact on
children of reports of discrimination of individuals belonging to the Lhotshampas. In
particular:
-
reports that these children face de facto
discrimination in access to education and other services; and
-
alleged discriminatory practices of children
on the basis of status, activities, or opinions of their parents, or relatives.
The Committee
recommends the State party to:
-
take effective measures, including
enacting or rescinding legislation where necessary, to prevent and eliminate
discrimination in accordance with article 2 of the Convention, in all fields of civil,
economic, political, social and cultural life;
-
establish accessible, prompt, adequate and
effective mechanisms to monitor, receive and address complaints of discrimination (e.g.
prompt appeal in circumstances of denial of school enrolment); and
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take all appropriate measures, such as
comprehensive public education campaigns, to prevent and combat negative societal
attitudes towards different ethnic groups.
Respect for the
views of the child
The Committee
encourages the State party to:
-
continue to promote and facilitate within the
family, the school, the courts, and administrative bodies respect for the views of
children, and their participation in all matters affecting them in accordance with article
12 of the Convention;
-
develop skills-training programmes in
community settings for teachers, social workers, and local officials at the village-block
level to assist children to express their informed views and opinions, and to have them
taken into consideration; and
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seek assistance from, inter alia,
UNICEF.
CIVIL
RIGHTS AND FREEDOMS
Birth
registration
The Committee
recommends the State party to:
-
make greater efforts to ensure the timely
registration of all births, and issue birth certificates;
-
carry out awareness-raising of registration in
rural areas; and
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consider the establishment of mobile
registration offices, and registration units in schools.
Nationality
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The Committee is concerned that under
citizenship laws, a child of a Bhutanese mother and non-national father must face a
burdensome naturalization process, whereas this is not required if the father is
Bhutanese.
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The Committee recommends the State party to
ensure the right of a child to a nationality without discrimination of his or her parent's
sex, in accordance with article 2 and 7 of the Convention.
FAMILY
ENVIRONMENT AND ALTERNATIVE CARE
Family
reunification
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The Committee is concerned that as a result of
events following the census operation in the late 1980s, there may be children in southern
Bhutan who are separated from their parents, and whose parents are residing abroad as
refugees.
-
The Committee recommends the State party to
ensure that family reunification is dealt with in a positive, humane and expeditious
manner, in accordance with article 10 of the Convention.
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Violence/abuse/neglect/maltreatment
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Noting the respect for children in Bhutan, the
Committee is concerned that there is insufficient information and awareness of the
ill-treatment of children in schools and within the family.
The Committee
recommends the State party to:
-
conduct a study to assess the nature and
extent of ill-treatment of children, and design policies and programmes to address it;
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take legislative measures to prohibit all
forms of physical and mental violence, including corporal punishment and sexual abuse
against children in the family, schools, and institutions;
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carry out public education campaigns about the
negative consequences of ill-treatment of children, and the promotion of positive,
non-violent forms of discipline as an alternative to corporal punishment;
-
establish adequate and effective procedures
and mechanisms to: receive complaints; monitor, investigate, intervene where necessary,
and prosecute instances of ill-treatment; and ensure that the abused child is not
victimised in legal proceedings;
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train teachers, law enforcement officials,
care workers, judges and health professionals in identification, reporting and management
of cases of ill-treatment; and
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seek assistance from, inter alia,
UNICEF and WHO.
BASIC
HEALTH AND WELFARE
-
Right to health and healthcare
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The Committee notes significant improvements
in health indicators, investments in the health sector, the establishment of basic health
units, outreach clinics and health volunteer programmes, and inclusion of health education
in the curricula. However, it is concerned about problems in access to services, and
the shortage of trained health workers.
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The Committee recommends the State party to
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make greater efforts to ensure access to
health services; and
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continue to allocate the required resources to
address the shortage of trained health workers.
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Noting the State party's efforts to address
adolescent health, such as the publication of pamphlets on reproductive and mental health,
and drugs, the Committee is concerned at the effectiveness of these efforts.
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The Committee recommends the State party to:
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ensure adolescents have access to and are
provided with education on reproductive health and other adolescent health issues, as well
as with child-sensitive, and confidential counselling services;
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strengthen efforts of adolescent health
education within the educational system; and
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seek assistance from, inter alia,
UNICEF, and WHO.
Children with
disabilities
-
Noting some efforts by the State party
concerning children with disabilities (i.e. the pilot school for inclusive education and
formation of a parents support group in Thimpu; and a school for visually impaired
children), the Committee is concerned that children with disabilities, in general, have
inadequate access to specialised services and education, and insufficient support for
families.
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The Committee recommends the State party to:
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conduct a survey to assess the causes and
extent of disability of children;
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review existing policies and practice in
relation to children with disabilities, taking due regard of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly resolution
48/96) and of the Committee's recommendations adopted on its General Discussion Day on
"Children with Disabilities" (CRC/C/69);
-
involve children with disabilities and their
families in the development of surveys and policy review;
-
undertake greater efforts to make available
the necessary resources (e.g. professional and financial, including professional and
financial support to families);
-
undertake greater efforts to promote and
expand community-based rehabilitation programmes, including parent support groups, and
inclusive education of children with all forms of disability; and
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seek assistance from, inter alia,
UNICEF, and WHO.
EDUCATION,
LEISURE AND CULTURAL ACTIVITIES
Education
-
Noting significant achievements in education
indicators, the Committee is concerned: that primary education is not compulsory;
there is still a significant gender gap in enrolment; and with deficiencies in access to
education and the quality of teacher training.
-
The Committee recommends the State party to:
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ensure primary education is free and made
compulsory;
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make greater efforts to close the gender gap;
and
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allocate the required resources to address
access to education, as well as the quality of teacher training.
-
Noting with appreciating that the aims of
education, are generally in conformity with article 29 of the Convention, the Committee is
concerned that human rights education, including the Convention, is not included in the
school curricula.
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Taking due regard of General Comment 1 on the
aims of education, the Committee recommends the State party to:
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include human rights education in the
curricula, in particular the development and respect for human rights, tolerance and
equality of the sexes and religious and ethnic minorities; and
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seek assistance from UNICEF and UNESCO.
SPECIAL
MEASURES OF PROTECTION
Refugees
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While noting that the verification process of
refugees in Nepal has commenced, the Committee is nevertheless concerned at the slow rate
of this process, and the serious and negative impact this has on the rights of children
residing in these camps, particularly given that repatriation will begin only once all
refugees have been verified.
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In accordance with the best interests of
children residing in the camps, their right to a nationality, and preservation of identity
(articles 3, 7 and 8 of the Convention), and with a view to reaching a just and durable
solution, the Committee recommends the State party to:
-
make greater efforts to expedite the
verification process, and consider the possibility of repatriating individuals
within a reasonable time following individual verification;
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consider a mechanism to allow individuals to
appeal against decisions;
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ensure that repatriation and resettlement of
returnees are carried out in safety and dignity, to their place of origin or choice;
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consider acceding to the 1951 Convention
Relating to the Status of Refugees, its 1967 Protocol, and the Conventions on
statelessness; and
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in the best interests of the children, consider
seeking assistance from UNHCR.
Armed conflict
-
The Committee is concerned at the low age of 15
as the age of voluntary recruitment into the armed forces.
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The Committee recommends the State party
to consider raising this to 18.
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The Committee expresses its concern at the
negative impact on children of reported armed insurgency in the south-central and
south-eastern parts of the country.
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In light of article 38 and other relevant
articles of the Convention, the Committee recommends the State party at all times to
ensure respect for human rights and humanitarian law aimed at the protection and care of
children affected by armed conflict, and to provide care and physical rehabilitation and
psychological recovery measures for these children.
Child labour
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The Committee is concerned at the absence of
legislation on the minimum age for admission to employment, as well as insufficient
information on children working, including in the informal sector, such as agriculture. It
is concerned that an increasing number of children are dropping out of the school and
taking up work in urban areas (e.g. as waiters, bus attendants, in vehicle workshops, or
as domestic workers).
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The Committee recommends the State party to:
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undertake a national survey on the causes and
extent of child labour;
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establish a minimum age of admission for
employment in accordance with the principles and provisions of the Convention, that is in
conformity with the age of completion of education, and ensure that it is enforced.
Employers should be required to have and produce on demand proof of age of all children
working on their premises.
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establish mechanism to monitor the
implementation of standards, and empowered to receive and address complaints of
violations;
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carry out campaigns to inform and sensitise the
general public, especially parents and children, of work hazards;
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consider membership in the ILO.
Sexual exploitation
-
Noting the 1993 Rape Act and the draft Immoral
Trafficking Act, the Committee is concerned at the insufficient data and awareness of the
phenomena of sexual exploitation of children in Bhutan.
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The Committee recommends the State party to:
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undertake
a national study on the nature and extent of sexual exploitation of children (i.e. sale of
children, child prostitution and child pornography) and that disaggregated data be
compiled and kept up to date to serve as a basis for designing measures, and evaluating
progress;
-
review its legislation and ensure that it
criminalizes the sexual exploitation of children, and penalises all those offenders
involved, whether local or foreign, while ensuring that the child victims of this practice
are not penalised;
-
ensure that laws concerning the sexual
exploitation of children be gender neutral; provide remedies in the event of violations;
ensure that procedures are simplified so that responses are appropriate, timely, and
sensitive to victims; include provisions to protect from discrimination and reprisals
those who expose violations; and vigorously pursue enforcement;
-
establish rehabilitation and social
reintegration programmes for child victims of sexual abuse and exploitation;
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train personnel working with child victims; and
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carry out awareness-raising campaigns to
sensitise and mobilise the general public on the child's right to physical and mental
integrity and safety from sexual exploitation.
Administration of juvenile justice
-
While noting the establishment of the Youth
Development and Rehabilitation Centre, the Committee is nevertheless concerned with the
administration of juvenile justice. In particular it notes the absence of information on
the minimum age of criminal responsibility. The Committee is also concerned that
insufficient efforts have been made to ensure the speedy adoption of the draft juvenile
justice, and civil and criminal procedure legislation.
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The Committee recommends the State party to:
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to establish a minimum age of criminal
responsibility in accordance with the principles and provisions of the Convention;
-
expedite the promulgation of the draft juvenile
justice and procedure laws;
-
ensure that a system of juvenile justice fully
integrates into its legislation and practice the provisions of the Convention, in
particular articles 37, 40 and 39, as well as other relevant international standards in
this area, such as the Beijing Rules, the Riyadh Guidelines, the United Nations Rules for
the Protection of Juveniles Deprived of their Liberty, and the Vienna Guidelines for
Action on Children in the Criminal Justice System;
-
ensure that the deprivation of liberty is only
used as a measure of last resort, for the shortest possible time, and is authorised by the
court; children have access to legal aid and independent and effective complaints
mechanisms; and that persons under 18 are not detained with adults;
-
consider alternative measures to deprivation of
liberty, such as probation, community service, or suspended sentences;
-
train professionals in the area of
rehabilitation and integration of children within and out of the system;
-
seek assistance from, inter alia, the
Office of the High Commissioner for Human Rights, the Centre for International Crime
Prevention, the International Network on Juvenile Justice, and UNICEF through the
Coordination Panel on Juvenile Justice.
OPTIONAL PROTOCOLS TO THE CONVENTION ON THE RIGHTS OF THE CHILD
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The Committee encourages the State party to
ratify the Optional Protocols to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, and on the involvement of children in
armed conflict.
DISSEMINATION
OF THE CONVENTION
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Finally, the Committee recommends that in
accordance with article 44, paragraph 6, of the Convention, the initial report presented
by the State party be made widely available to the public at large and that consideration
be given to the publication of the report along with the written answers to the list of
issues raised by the Committee, the relevant summary records of the discussion, and the
concluding observations adopted thereon by the Committee following its consideration of
the report. Such a document should be widely distributed in order to generate debate and
awareness of the Convention and its implementation and monitoring within the Government,
the Parliament and the general public, including concerned non-governmental organisations.
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