General Documents Not Relating To Specific States - Annual and Sessional Reports - CRC

D. Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4

THE CONVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 185 6

A. Submission of reports. . . . . . . . . . . . . . . . . . . . . . . . 16 - 18 6

COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 - 241 30

A. Informal meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 - 194 30

of the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 - 202 31

juvenile justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 - 238 33

ELEVENTH SESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 41

V. ADOPTION OF THE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . 243 41

the Rights of the Child as at 17 November 1995. . . . . . . . . . . . . . . . . . . . 42

II. Membership of the Committee on the Rights of the Child. . . . . . . . . . . 48

as at 17 November 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Rights of the Child as of 17 November 1995. . . . . . . . . . . . . . . . . . . . . . . . 60

twelfth sessions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

VI. General discussion: List of documents contributed. . . . . . . . . . . . . . . 63

the Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

1. As at 17 November 1995, the closing date of the tenth session of the Committee on the Rights of the Child, there were 180 States parties to the Convention on the Rights of the Child. Another State had deposited its instrument of accession to the Convention on 6 November 1995. The Convention was adopted by the General Assembly in resolution 44/25 of 20 November 1989 and opened for signature and ratification or accession in New York on 26 January 1990. It entered into force on 2 September 1990, in accordance with the provisions of its article 49. A list of States that have signed, ratified or acceded to the Convention is contained in annex I to the present report.

2. The texts of the declarations, reservations or objections made by States parties with respect to the Convention are reproduced in document CRC/C/2/Rev.4.

3. The Committee on the Rights of the Child held its tenth session at the United Nations Office at Geneva from 30 October to 17 November 1995. The Committee held 26 meetings (234th to 259th). An account of the Committee's deliberations at its tenth session is contained in the relevant summary records (CRC/C/SR.234-245, 247-256 and 259). At the opening of the session, the Assistant Secretary-General for Human Rights, addressed the Committee, and informed it of recent developments relevant to the protection and promotion of the rights of the child in the United Nations system.

4. All the members of the Committee attended the tenth session. A list of the members, together with an indication of the duration of their terms of office, appears in annex II to the present report.

5. The following United Nations bodies were also represented at the session: United Nations Children's Fund, Office of the United Nations High Commissioner for Refugees.

6. The following specialized agencies were also represented at the session: International Labour Organization, Food and Agriculture Organization of the United Nations, United Nations Educational, Scientific and Cultural Organization, World Health Organization.

7. A representative of the Hague Conference on Private International Law also attended the session.

8. Representatives of the following non-governmental organizations were also in attendance at the session:

International Movement ATD Fourth World, International Save the Children Alliance, Zonta International.

Caritas Internationalis, Defence for Children International, Friends World Committee for Consultation (Quakers), Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, International Abolitionist Federation, International Catholic Child Bureau, International Federation of Human Rights, International Federation of Women in Legal Careers, International Federation Terre des Hommes, International Service for Human Rights, World Federation of Methodist Women.

Epoch Worldwide, International Inner Wheel, NGO Group for the Rights of the Child, One World Productions, Radda Barnen, Verein Zur Förderung Der Psychologischen Menschenkenntnis, Women Living under Muslim Law.

9. At its 234th meeting, on 30 October 1995, the Committee adopted the following agenda.

3. Submission of reports by States parties in accordance with article 44 of the Convention.

7. Cooperation with other United Nations bodies, specialized agencies and other competent bodies.

10. In accordance with the decision of the Committee at its first session, a pre-sessional working group met in Geneva from 12 to 16 June 1995. All the members participated in the working group. Representatives of UNICEF, UNHCR, ILO, WHO and UNESCO also participated in the meetings of the working group. A representative of the NGO Group for the Convention on the Rights of the Child, as well as representatives of various non-governmental organizations, also attended the session.

11. The purpose of the pre-sessional working group is to facilitate the Committee's work under articles 44 and 45 of the Convention, primarily by reviewing State party reports and identifying in advance the main questions that would need to be discussed with the representatives of the reporting States. It also provides an opportunity to consider questions relating to technical assistance and international cooperation.

12. The pre-sessional working group held seven meetings, at which it examined lists of issues put before it by members of the Committee relating to the initial reports of Germany, Italy, Portugal, Senegal and Ukraine. The lists of issues were transmitted to the Permanent Missions of the States concerned with a note which stated, inter alia:

"The Committee wishes to receive, if possible before 10 August 1995, written answers to the issues raised in the list. The list is not intended to be exhaustive and it should not be interpreted as limiting or in any other way prejudging the type and range of questions which members of the Committee might wish to pose. However, the working group believes that the constructive dialogue which the Committee wishes to have with the representatives of the reporting States can be facilitated by making the list and the written answers to it available in advance of the Committee's session."

13. On the basis of a decision taken at the pre-sessional working group of the fifth session of the Committee, the working group established informal contacts with the Permanent Missions of States whose reports were scheduled for consideration at the forthcoming session, in order to inform them of the procedure followed by the Committee for the consideration of reports and clarify the purposes of the dialogue with representatives of the States parties.

14. The Committee considered the organization of work at its 234th meeting, on 30 October 1995. The Committee had before it the draft programme of work for the tenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee, and the report of the Committee on its ninth session (CRC/C/43).

15. The Committee noted that its eleventh session would take place from 8 to 26 January 1996 and its pre-sessional working group would meet from 29 January to 2 February 1996.

16. In connection with this item, the Committee had before it the following documents: (a) notes by the Secretary-General on initial reports by States parties due in 1992 (CRC/C/3), 1993 (CRC/C/8/Rev.3), 1994 (CRC/C/11/Rev.3), 1995 (CRC/C/28) and 1996 (CRC/C/41); (b) a note by the Secretary-General on the States parties to the Convention and the status of submission of reports (CRC/C/44); (c) a note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.3); and (d) a note by the Secretary-General on areas in which the need for technical advice and advisory services have been identified in the light of the observations adopted by the Committee (CRC/C/40/Rev.1). The Committee was informed that, in addition to the six reports that were scheduled for consideration by the Committee at its present session (see paras. 19-24 below) and those which had been received prior to the Committee's ninth session (see CRC/C/43, para. 18), the Secretary-General had received the initial reports of Algeria (CRC/C/28/Add.4), Azerbaijan (CRC/C/11/Add.8), Bangladesh (CRC/C/3/Add.38), Bulgaria (CRC/C/8/Add.29), Cuba (CRC/C/8/Add.30) Ethiopia (CRC/C/8/Add.27), Mauritius (CRC/C/3/Add.36), Morocco (CRC/C/28/Add.1), Myanmar (CRC/C/8/Add.9), New Zealand (CRC/C/28/Add.3), Nigeria (CRC/C/8/Add.26), Panama (CRC/C/8/Add.28), Syrian Arab Republic (CRC/C/28/Add.2), Uruguay (CRC/C/3/Add.37). The status of submission of reports by States parties under article 44 of the Convention is given in annex III to the present report.

17. A list of initial reports considered by the Committee, as of 17 November 1995, as well as a provisional list of initial reports scheduled for consideration at the Committee's eleventh and twelfth sessions are contained respectively in annexes IV and V to the present report.

18. By a letter dated 6 November 1995 addressed to the Assistant Secretary-General for Human Rights, the Permanent Representative of Tunisia to the United Nations Office at Geneva indicated that, in the spirit of the recommendations made by the Committee in its dialogue with the Government of Tunisia in the course of the consideration of the initial report of Tunisia at the Committee's ninth session, the Government of Tunisia had recently taken a series of measures to promote the implementation of the Convention on the Rights of the Child.

19. At its tenth session, the Committee examined initial reports submitted by six States parties under article 44 of the Convention. It devoted 19 of its 26 meetings to the consideration of reports (see CRC/C/SR.235-245, 247-252, 255 and 256).

20. The following reports, listed in the order in which they had been received by the Secretary-General, were before the Committee at its

tenth session: Holy See (CRC/C/3/Add.27), Ukraine (CRC/C/8/Add.10/Rev.1), Portugal (CRC/C/3/Add.30), Germany (CRC/C/11/Add.5), Senegal (CRC/C/3/Add.31) and Italy (CRC/C/8/Add.18).

21. In accordance with rule 68 of the provisional rules of procedure of the Committee, representatives of all the reporting States were invited to attend the meetings of the Committee at which their reports were examined.

22. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.

23. The following sections, arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports, contain concluding observations reflecting the main points of discussion and indicating, where necessary, issues that would require a specific follow-up.

24. More detailed information is contained in the reports submitted by the States parties and in the summary records of the relevant meetings of the Committee.

25. The Committee considered the initial report of Italy (CRC/C/8/Add.18) at its 235th to 238th meetings (CRC/C/SR.235-238), held on 31 October and 1 November 1995 and adopted* the following concluding observations:

26. The Committee expresses its appreciation to the State party for engaging, through a high-level and multidisciplinary delegation, in an open and fruitful dialogue with the Committee. It welcomes the written information submitted by the delegation of Italy in reply to the questions included in its list of issues (CRC/C.10/WP.2) as well as statistical data provided in the course of the discussion. While noting with satisfaction that such supplementary information enabled the Committee to engage in a constructive dialogue with the State party, the Committee regrets that its guidelines for the preparation of State parties' reports have not been followed by the Government and that a certain number of issues addressed in the written list of issues have been left unanswered.

27. The Committee welcomes the legislative and administrative measures taken by the Government of Italy since the entry into force of the Convention in 1991 to promote and protect the rights of the child. It appreciates that the Convention is self-executing in Italy and as such can be, and in fact has been, applied directly by the Italian courts, and that Italy applies the

principle of the primacy of international human rights standards over national legislation in case of conflict of law. The Committee also welcomes the preliminary steps taken in view of the ratification of the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

28. The Committee welcomes the setting up of various institutions and mechanisms for the protection and monitoring of the rights of the child in Italy, including in particular the Special Committee on Child Issues established within the Parliament; the Department of the Family and Social Affairs created within the Prime Minister's Office; the National Centre for the Protection of Children, entrusted with the collection of data concerning children; and the National Observatory for the Problems of Minors, which analyses data collected by the National Centre and prepares annual reports for the Parliament.

29. The Committee notes with satisfaction the progress achieved in the field of child health and welfare, including in particular the noticeable decrease in peri-natal mortality.

30. The Committee is concerned at the lack of an overall integrated mechanism to monitor the activities designed to promote and protect the rights of the child. It stresses that coordination between the various governmental entities involved, as well as between national, regional and municipal levels, is insufficient and that there is a need for a comprehensive network for the collection of data covering all areas of the Convention and taking into account all groups of children within Italy, which is essential for the implementation of targeted programmes on the rights of the child and the evaluation of the effectiveness of legislative and administrative measures.

31. The Committee is concerned about the insufficient measures taken to ensure that the principles and provisions of the Convention are widely known to children and adults alike and to provide adequate training on the principles and provisions of the Convention to the various professional groups involved with children.

32. As regards the implementation of article 4 of the Convention, the Committee is concerned about the inadequacy of measures taken to ensure the implementation of economic, social and cultural rights to the maximum extent of available resources. It appears to the Committee that insufficient expenditure is allocated to the social sector both within the State party and within the context of international development assistance. The Committee is also concerned over the lag in the civil participation of citizens in issues relating to children.

33. The Committee is also concerned that the basic principles of the Convention, namely the provisions of its articles 2, 3 and 12, have not always been adequately reflected in national legislation and policy-making.

34. The Committee is also concerned about persisting and significant economic and social disparities between the northern and southern parts of the country, which bear a negative impact on the situation of children.

35. With regard to article 2 of the Convention relating to non-discrimination, the Committee is concerned that sufficient measures have not been taken to assess and provide for the needs of children from vulnerable and disadvantaged groups, such as children from poor families and from single-parent households, children of foreign and Roma origin and children born out of wedlock. The Committee is concerned that children belonging to these disadvantaged groups seem more likely to be stigmatized in public perception, to drop out of school, to be employed in clandestine work or even in illegal activities, including being instrumentalized in organized criminal activities.

36. The Committee is preoccupied by the existence of child abuse, including physical and sexual abuse and violence within the family, and the insufficient protection afforded by the Penal Code in this regard, as well as the lack of adequate measures for the psycho-social recovery of child victims of such abuses.

37. The Committee recommends that a national permanent mechanism be developed for the purpose of coordinating and monitoring the implementation of the Convention including between governmental departments and between central, regional and municipal authorities. It is also suggested that the Government consider ensuring closer and more active cooperation with non-governmental organizations working for the rights of the child. Such measures could contribute to promoting an ongoing dialogue with the civil society and public scrutiny of governmental action in the field of the promotion and protection of children's rights.

38. The Committee recommends the systematic collection of data on children and research on child-related issues, including changes in the family structure, with a view to ensuring adequate policy-making in the field of children's rights.

39. The Committee wishes to encourage the State party to further develop a systematic approach to making the principles and provisions of the Convention widely known to children and adults alike, thus increasing public awareness of and civil participation in promoting children's rights. In the spirit of the United Nations Decade for Human Rights Education, the Committee further encourages the Government to give consideration to the incorporation of the rights of the child in the school curricula. Similarly, training about the Convention should be incorporated into the curricula of professionals working with or for children, including teachers, social workers, law enforcement officials, judicial personnel and personnel of the Italian contingents of the United Nations peace-keeping forces.

40. The State party should pursue its efforts with a view to fully reflecting in its legislation and practice the provisions and principles of the Convention, in particular the principles of non-discrimination, the best interests of the child and the right of the child to freely express his or her views. In this regard, the Committee recommends that existing legislation be modified to fully ensure equal treatment between children born in and out of wedlock.

41. Further measures should also be taken to prevent a rise in discriminatory attitudes and prejudices towards particularly vulnerable children such as children living in poverty, children from the southern region, Roma children and foreign children. The Government should consider adopting a more active stand and coherent policy with respect to the treatment of these children and to create an environment favourable to their fullest possible integration into Italian society. Comprehensive measures should be provided for responsible parenthood and for support to needy families, in order to assist them in their child-rearing responsibilities in the light of articles 18 and 27 of the Convention, thus limiting family disruption, reducing the numbers of institutionalized children and limiting the recourse to institutionalization to a measure of last resort.

42. The Committee encourages the Government of Italy to pay particular attention to the full implementation of article 4 of the Convention in the light of the general principles of the Convention, in particular the best interests of the child. The Committee also stresses the need for a judicious distribution of the resources at the central, regional and municipal levels with a view to overcoming persisting economic and social disparities, and to pay particular attention to the most disadvantaged groups in society, including single-parent families.

43. It is also suggested that the State party should use the principles of the Convention as a framework for strengthening international development assistance in order to assess the possibility of giving more emphasis to the social priorities for children.

44. The Committee also suggests that the clear prevention and prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment within the family, be reflected in the national legislation.

45. The Committee recommends that measures including assistance to disadvantaged families be undertaken to prevent the illegal use of children in the labour force and to prevent juvenile delinquency and the instrumentalization of children in criminal activities. In this connection, it is also suggested that an adequate adjustment of the contents of school curricula so as to incorporate vocational education, in the light of article 28 of the Convention, might contribute to reducing the drop-out rate and prevent the entry of children into the illegal labour market or even their involvement in criminal activities.

46. The Committee recommends that the initial report and written replies submitted by the State party, the summary records of its consideration and the concluding observations of the Committee be disseminated as widely as possible within the country, and transmitted to the Parliament for further debate and follow-up. In this regard, the Committee also invites the State party to transmit to it the annual reports that the National Observatory for the Problems of Minors will submit to the Parliament, and would like to suggest that such annual reports, as well as the plan of action with specific targets and time-frame for the next five years, should take into consideration the priority areas identified by the Committee in its consideration of the initial report of Italy, as reflected in the relevant summary records.

47. The Committee considered the initial report of Ukraine (CRC/C/8/Add.10/Rev.1) at its 239th, 240th, 241st and 242nd meetings (CRC/C/SR.239-242), held on 2 and 3 November 1995 and adopted* the following observations:

48. The Committee expresses its appreciation to the Government of Ukraine for the submission of its initial report and its openness and fruitful dialogue. The Committee is encouraged by the frank and cooperative tone of the discussion, in which the representatives of the State party indicated not only the policy and programme directions, but also the difficulties encountered during implementation of the Convention.

49. The Committee takes note of the attention paid by the Government to the situation of children in the present period of political transition.

50. The Committee welcomes the establishment of mechanisms to deal with children's issues and the question of children's rights, in particular the Parliamentary Commission on Health Care, Mother and Child Welfare with its departments and regional divisions, and the Presidential Committee for Women's, Maternal and Children's Affairs.

51. The Committee notes with appreciation the important efforts by the Government in the field of law reform, especially the revision of the Constitution with a view to incorporating the rights of the child, and several laws such as the Family Code and the Penal Code, which aim to promote and protect children's rights.

52. The Committee also welcomes the adoption by the Government of a number of national programmes aiming at the effective implementation of children's rights in the country and the establishment of a voluntary fund to support children under the auspices of the Parliamentary Commission on Health Care, Mother and Child Welfare.

53. The Committee notes the difficulties facing Ukraine in the present period of political transition and in a climate of social change and deep economic crisis. The Committee also notes the problems relating to the transition economy and that the situation of many children has worsened as a consequence of growing poverty and increasing unemployment. The Committee recognizes that the State party is experiencing major difficulties in countering the negative consequences of the Chernobyl nuclear plant disaster, in particular on the environment and on the physical and psychological health of the population, including children.

54. The Committee expresses its concern as to full compatibility of national legislation, measures and programmes with the provisions and principles of the Convention, particularly with regard to the principles of non-discrimination (art. 2), including in relation to the different age of marriage for girls and boys, the best interests of the child (art. 3) and the right of the child to express his/her opinion in all decisions affecting him/her (art. 12). The Committee also notes that there is a discrepancy in the legislation between the age for completion of mandatory education, which is 15, and the minimum age for labour, which is 16.

55. The Committee is concerned at the insufficient budgetary allocation provided for the implementation of economic, social and cultural rights of children.

56. The Committee is concerned at the insufficient attention paid to the need for an efficient coordinating and monitoring mechanism that could provide a systematic and comprehensive compilation of data and indicators on all areas covered by the Convention and in relation to all groups of children, including children in single-parent families, children of divorced parents, abandoned children and institutionalized children. Such a mechanism would enable the Government to identify areas of concern and to help to define strategies to address them.

57. The Committee is worried by the high rate of abandonment of children, especially new-born babies, and the lack of a comprehensive strategy to assist vulnerable families. This situation can lead to illegal intercountry adoption or other forms of trafficking and sale of children. In this context the Committee is also concerned about the absence of any law prohibiting the sale and trafficking of children, and the fact that the right of the child to have his/her identity preserved is not guaranteed by the law.

58. The Committee expresses its concern at the health status of children, particularly in the aftermath of the Chernobyl nuclear disaster, the increasing child mortality rate, the apparent priority given to curative rather than preventive health care, the low prevalence of breast-feeding, the high number of abortions and insufficient health, education and services on family planning, and the discrepancy between the urban and rural health systems.

59. The Committee is concerned about the absence in Ukraine of a programme involving social work. In particular, the Committee expresses its concern at the situation of the institutionalization, treatment and protection of handicapped children. Alternatives to institutionalization are not sufficiently taken into account; support services to parents who keep their handicapped child at home are inadequate.

60. The Committee regrets that appropriate measures have not yet been taken to effectively prevent and combat ill-treatment of children in schools or in institutions where children may be placed. The Committee is also preoccupied by the existence on a large scale of child abuse and violence within the family and the insufficient protection afforded by the existing legislation and services in that regard. The problem of sexual exploitation of children also requires special attention.

61. The Committee is concerned by the absence of a national information and dissemination strategy regarding the Convention on the Rights of the Child.

62. The present situation in the field of the administration of juvenile justice is a matter of concern to the Committee.

63. The Committee encourages the Government of Ukraine to pursue the revision of the legislative framework in order to fully reflect the Convention and ensure the realization of children's rights in relation to all the children subject to the jurisdiction of Ukraine, and full compliance with the provisions and principles of the Convention on the Rights of the Child, especially the principles of non-discrimination (art. 2) and the best interests of the child (art. 3), the right to life, survival and development (art. 6) and the right of the child to express his/her opinion in all decisions affecting him/her (art. 12). The Committee suggests that legislation concerning the age of mandatory education and that concerning the minimum age for employment be adjusted and that the age of marriage for girls and boys be the same.

64. The Committee recommends that the State party strengthen the coordination between the different governmental mechanisms involved in children's rights, both at the national and local levels, with a view to developing a comprehensive policy on children and ensuring an effective evaluation of the implementation of the Convention on the Rights of the Child in the country. Closer cooperation with non-governmental organizations should be promoted.

65. The Committee recommends that the State party undertake to gather all the necessary information on the situation of children in the various areas covered by the Convention, including in relation to children belonging to the most vulnerable groups.

66. The Committee encourages the Government of Ukraine to pay particular attention to the full implementation of article 4 of the Convention and to ensure a judicious distribution of the resources at the central, regional and local levels. Budgetary allocations for the implementation of economic, social and cultural rights should be ensured during the period of transition to market economy to the maximum extent of available resources and in the light of the best interests of the child.

67. The Committee is of the opinion that systematic and continuous steps are required to make the provisions and principles of the Convention widely known and understood by adults and children alike, in the light of the Convention. The Convention on the Rights of the Child should be made available in all the languages spoken by minorities in Ukraine and specific training should be provided to all professional groups working with children (judges, teachers, social workers, law enforcement officials, etc.). In the light of the United Nations Decade for Human Rights Education, attention should be given to incorporating the Convention in the school curriculum. The Committee encourages the State party to give further consideration to the establishment of an ombudsperson for children, or of any equivalent permanent and independent complaint and monitoring mechanism. The participation of children themselves in the promotion of the rights of the child is of great importance, especially at the community level.

68. In the light of article 2 of the Convention, measures should be taken to prevent a rise in discriminatory attitudes or prejudices towards children belonging to minority groups, children living in rural areas, Roma children and children afflicted with HIV/AIDS.

69. The Committee would like to see a stronger emphasis placed on primary health care activities, especially in rural areas, which would include the development of educational programmes to cover such matters as family education, family planning, sex education and the benefits of breast-feeding.

70. The Committee encourages international support for measures to cope with the negative consequences of the Chernobyl nuclear disaster, in particular in the social, health and environmental areas.

71. The Committee considers that greater efforts should be made to develop awareness of the important role of the family and of the equal responsibilities of parents. Further steps should be taken to strengthen the system of assistance to both parents in the performance of their child-rearing responsibilities.

72. In view of the high rate of abandonment of children and of abortion, the Committee recommends that the State party adopt a strategy and policy to assist vulnerable families for the support of their children. The adequacy of the current social security system and of the family planning programmes should be evaluated. The Committee also recommends the training of social workers with the aim of mobilizing and strengthening communities.

73. The Committee encourages the State party to address the situation of children in institutions, with a view to envisaging and making available possible alternatives to institutional care through, for example, guidance and counselling, foster care and education and vocational training programmes. The Committee also recommends the establishment of effective monitoring mechanisms of the realization of the rights of the child placed in an institution.

74. With regard to the sale and trafficking of children, the Committee encourages the Government to clearly prohibit this illegal activity and to ensure that the right of the child to have his/her identity preserved is fully endorsed. The Committee also recommends that the State party consider the ratification of the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

75. The Committee further suggests that the clear prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment in the family, be reflected in the national legislation. The Committee also suggests the development of procedures and mechanisms to monitor complaints of maltreatment and cruelty within or outside the family. Special programmes should be set up to promote physical and psychological recovery and social reintegration of child victims of any form of neglect, abuse, exploitation, torture or ill-treatment in an environment which fosters the health, self-respect and dignity of the child, in the light of article 39 of the Convention.

76. The Committee recommends that the State party envisage the possibility of transferring the supervision of correctional labour colonies for juveniles from the Ministry of the Interior to the structure it may consider the most appropriate to ensure the promotion and protection of children's rights.

77. In the field of the administration of juvenile justice, the Committee recommends that the current legal reform take fully into account the Convention on the Rights of the Child, in particular articles 37, 39 and 40, and that other relevant international standards in this field, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty be seen as a guide in this revision. Particular attention should be paid to the prevention of juvenile delinquency, the protection of the rights of children deprived of liberty, respect for fundamental rights and legal safeguards in all aspects of the juvenile justice system and the full independence and impartiality of the juvenile judges. Training programmes on the relevant international standards should be organized for all those professionals involved with the system of juvenile justice, in particular judges, law enforcement officials, correctional officers and social workers.

78. The Committee encourages the State party to disseminate widely the State party's report, summary records of the discussion of the report within the Committee and the concluding observations adopted by the Committee following its consideration of the report. The Committee would like to suggest that these documents be brought to the attention of Parliament and that the suggestions and recommendations for action contained therein be followed up. In this regard, the Committee suggests that cooperation with non-governmental organizations be pursued.

79. The Committee considered the initial report of Germany (CRC/C/11/Add.5) at its 243rd to 245th meetings (CRC/C/SR.243-245), held on 6 and 7 November 1995, and adopted* the following concluding observations:

80. The Committee notes that the report prepared by the State party offered a comprehensive explanation of the legislative framework for the implementation of the Convention; however, it did not contain sufficient information on the actual implementation of the principles and provisions of the Convention throughout the country. The Committee, therefore, expresses its appreciation for the frank and self-critical approach of the delegation to answering the questions raised by the Committee and for the clarifications regarding the measures being taken and envisaged for the implementation of the Convention. The Committee welcomes the constructive discussion and exchange of views with the delegation.

81. The Committee welcomes the statement by the delegation expressing the willingness of the State party to consider reviewing the declarations made to the Convention with a view to their possible withdrawal.

the participation of children aged 15 and over as soldiers in armed conflict is not compatible with the best interests of the child, as well as the willingness of the Government to support the drafting of an optional protocol to the Convention in this area. The State party's support for the international call for a ban on the manufacturing and trade in anti-personnel land-mines is also warmly welcomed.

83. The Committee notes with satisfaction that a committee of experts has been established to prepare a comprehensive picture of the actual situation of children in Germany and has embarked upon its work, with a view to contributing to the Child and Youth report to be presented to the Bundestag and Bundesrat.

84. The Committee acknowledges the determination of the State party to prevent and combat xenophobic tendencies and manifestations of racism. The Government is to be commended for the extensive efforts undertaken to ensure the involvement of and effective cooperation between the Federal, Länder and local authorities in the implementation of a country-wide campaign to prevent and combat such phenomenon and to promote ethnic and racial harmony, in the general framework of the Youth Campaign launched by the Council of Europe.

85. The Committee also appreciates the willingness of the State party to undertake research and additional measures for the early detection and prevention of violence and sexual abuse within the family. Equally, the Committee welcomes the State party's willingness to organize initiatives to educate the media about the need to protect children from harmful influences.

86. The measures being taken by the Government to prepare the ground for the future ratification by Germany of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption are welcomed.

87. The Committee acknowledges the efforts made by the State party with a view to accepting comparatively large numbers of refugees and asylum-seekers, particularly from the former Yugoslavia.

88. With regard to the efforts undertaken by the State party to combat the sexual exploitation of children, the Committee notes with satisfaction that the Criminal Law has been extended to make sexual abuse of children abroad a

criminal offence. In addition, note is taken of the recent measures to make the possession of pornographic materials featuring children a punishable offence.

89. The Committee takes note with appreciation of the support of the State party for the International Labour Organization's programme for the elimination of child labour.

90. The Committee notes with interest that as of 1996 every child in Germany will have the legal right to a place in a kindergarten.

91. The Committee regrets the extent of the declarations made by the State party to the Convention. It is the view of the Committee that several of the declarations made raise concern as to their implications and compatibility with the full enjoyment of the rights recognized by the Convention.

92. It is a matter of concern to the Committee that insufficient attention appears to have been given to the matter of the establishment of an effective coordination and monitoring mechanism at the Federal, Land and local levels for the implementation of the Convention. Such a mechanism is of essential importance for the evaluation and promotion of the development of policies and programmes for the benefit of children, in the light of the Convention.

93. The Committee is concerned about the insufficient awareness and understanding among adults and children of the principles and provisions of the Convention.

94. While acknowledging the clearly stated commitment of the State party to take the Convention as the framework for action on behalf of the child, the Committee is concerned at the insufficient reflection given to the child as a subject of rights as provided for in the Convention in national legislation, policy and programmes. In this regard, it is of concern to the Committee that the incorporation of the general principles of the Convention as laid down, inter alia, in its articles 2 and 3 appears to have been neglected.

95. With respect to the implementation of articles 12, 13 and 15 of the Convention insufficient attention has been accorded to ensuring the involvement of children in decisions, including within family, and in administrative and judicial procedures regarding them.

96. The Committee recognizes that while considerable efforts have been undertaken by the Government and substantial progress has been achieved in ensuring complete unity between the old and new Länder, the goals of equalizing living conditions and establishing comparable structures for child and youth services throughout the country remain to be accomplished. Thus, the Committee remains concerned about the prevailing disparities in living standards and in the quality of services between the different Länder and about the difficulties faced by particularly vulnerable groups in society, such as children born out of wedlock and single-parent families.

97. The Committee remains concerned about the extent to which account is taken of the special needs and rights of children in asylum-seeking and refugee situations. Procedures governing asylum-seeking children, particularly those relating to family reunification, expulsion of children to safe third countries and the "airport regulation" give cause for concern. In this respect the Committee notes that the guarantees provided for in the Convention, in particular in its articles 2, 3, 12, 22 and 37 (d) do not appear to be complied with, while insufficient attention seems to have been ensured to the implementation of articles 9 and 10 of the Convention. The Committee also notes with concern that the provision of medical treatment

and services to asylum-seeking children does not appear to be interpreted in the light of the principles and provisions of the Convention, in its articles 2 and 3.

98. With regard to matters relating to juvenile justice, the Committee expresses its concern about the declaration made by the State party to article 40 (2) (b) (ii) which appears to limit the child's rights to access to justice and to a fair hearing as well as the right to legal assistance and defence.

99. The Committee warmly welcomes the information provided by the State party that consideration is being given to the incorporation of the Convention on the Rights of the Child in the Constitution of Germany and, in this spirit, it encourages the State party to pursue the ongoing efforts aiming at according constitutional status to the Convention.

100. The Committee recommends that the State party pursue the review of the declarations entered to the Convention with a view to considering their withdrawal. The Committee is of the opinion that, in the light of proposed reforms to national legislation, it would appear that such declarations are unnecessary; doubts are raised as to their compatibility with the Convention.

101. The Committee suggests that the State party give further consideration to the establishment of a permanent and effective coordination mechanism on the rights of the child at the Federal, Land and local levels. Consideration should also be given to the development of an evaluation and monitoring system, addressing all areas covered by the Convention based on the comprehensive and systematic collection of data and ensuring priority attention to the most vulnerable groups, while bridging prevailing economic and social disparities. The Committee is encouraged by the State party's commitment to continue fostering closer cooperation and dialogue with the non-governmental organizations and children's groups involved in the monitoring and implementation of children's rights. The Committee also encourages the State party to look more closely into the work of the Ombuds institution for children, particularly with respect to its potential contribution for monitoring the implementation of the rights of the child.

102. With respect to article 4 of the Convention, the Committee emphasizes the importance of the allocation of resources to the maximum extent for the implementation of economic, social and cultural rights of the child at Federal, Land and local levels, in the light of the principles of the Convention, in particular those of its articles 2 and 3 relating to non-discrimination and the best interests of the child.

103. While acknowledging the strong commitment of Germany to providing structural assistance to third countries, the Committee would like to encourage the State party in its efforts to achieve the 0.7 per cent

give consideration to the use of debt conversion and forgiveness measures in favour of programmes to improve the situation of children. In this respect, the Committee emphasizes that the undertaking of a study on the impact on children of a State party's international cooperation and development assistance programmes has proved a useful tool in evaluating the effectiveness of such initiatives for the implementation of the Convention on the Rights of the Child.

104. The Committee notes with satisfaction the acknowledgement by the State party that a key area of attention should be the development of a comprehensive and systematic strategy for disseminating information and creating awareness of the rights of the child. The development of public campaigns through the use of the media and the involvement of the civil society, including non-governmental organizations and children's groups, would contribute to effectively addressing the need to increase understanding and to promote respect for the rights of the child.

105. The Committee recommends that the State party make full use of the opportunity offered by the United Nations Decade for Human Rights Education, to pursue further the preparation of educational materials on human and children's rights and the incorporation of human rights education, particularly about the rights of the child, into school curricula and into the training programmes of professional groups working with or for children, including teachers, judges, lawyers, social workers, health service personnel, police and immigration officials.

106. The Committee is encouraged by the State party's proposed reform of national legislation in the light of article 2 of the Convention, inter alia to ensure that children born out of wedlock are not discriminated against. The Committee, therefore, recommends that the efforts to harmonize legislation with the provisions and principles of the Convention be further pursued and that the State party continue to give priority to reflect in its legislation and policies the general principles of the Convention, particularly those laid down in articles 2 (non-discrimination) and 3 (best interests of the child).

107. The Committee notes that provisions of the Convention relating to the participation of children, including its articles 12, 13 and 15, need to be more thoroughly considered and encouraged. To this end information and awareness campaigns should be developed. Similarly, the Committee recommends that consideration be given to extending and broadening the involvement of children in decisions affecting them in the family and in social life, including in proceedings relating to family reunification and adoption.

108. Appreciation is expressed of the State party's acknowledgement of using the Convention on the Rights of the Child as an instrument to sharpen awareness of the responsibilities of persons taking care of children and the need to equalize the responsibilities between parents in bringing up their children. The Committee encourages the State party to pursue its efforts towards changing attitudes with a view to eradicating all forms of violence against children, including the use of corporal punishment within the family.

In this regard, it further encourages that, in the ongoing process of reform of the Civil Code, consideration be given to the incorporation of an absolute ban on corporal punishment.

109. Taking note of the allocation of additional resources to family-related benefits and of the willingness to undertake other measures to achieve further progress in addressing the problems facing single parents, and recognizing the State party's commitment to undertake measures to improve poorer children's access to out-of-school activities, including leisure activities, the Committee believes that greater priority should be given to an analysis of the occurrence of child poverty. Such an analysis should be undertaken from a holistic perspective, taking into account the possible linkages between such matters as housing conditions, family support to the child at home and in school, and the risk of dropping out of school. The results of this research could serve as a vehicle for discussion of these matters both in Parliament and with the relevant authorities as well as for the development of a more comprehensive and integrated approach for responding to the problems identified.

110. The Committee suggests that the State party undertake more comprehensive research on the possible effects of environmental pollution on the health of children.

111. The Committee is of the opinion that the issue of asylum-seeking and refugee children deserves further study with a view to its reform in the light of the Convention and of the concerns expressed during the discussion with the Committee. Such initiatives should reflect, inter alia, on the procedures, especially as they affect children 16 to 18, which govern the expulsion of children to third safe countries, family reunification and the "airport regulation" as to their compatibility with the provisions and principles of the Convention, in particular those of its articles 2, 3, 5, 9 paragraph 3, 10, 12, 22 and 37 (d).

112. Note is taken of the Government's intention to reform the system of juvenile justice, including with regard to considering strengthening the services and the development of child-friendly proceedings for dealing with child victims and witnesses. It is also noted that the elimination of the possibility of applying an indeterminate sentence on juveniles has been taken into account in the context of this reform. Additionally within this framework, the Committee expresses the hope that the declarations made by the State party to article 40 (2) (b) (ii) and (v) will be reviewed with a view to their possible withdrawal.

113. The Committee also recommends that a plan of action with time-bound targets be prepared for the undertaking of the legislative reform, policies and action to implement fully the provisions and principles of the Convention. The Committee suggests that the occasion of the Child and Youth report to be presented by the Federal Government to the Bundestag and Bundesrat be used to generate a debate by parliamentarians of the issues facing children in the State party and to determine policies to address these matters.

114. The Committee recommends that the State party's report to the Committee, the summary records of the discussion of the report and the concluding observations adopted by the Committee be widely disseminated in the country with a view to promoting wider awareness of children's rights, including at the Land and local levels, among the authorities, non-governmental organizations, relevant professional groups and the community at large, including children.

115. The Committee considered the initial report of Senegal (CRC/C/3/Add.31) at its 247th, 248th and 249th meetings (CRC/C/SR.247-249), held on 8 and 9 November 1995 and adopted* the following concluding observations:

116. The Committee expresses its appreciation to the Government of Senegal for engaging, through a high-ranking delegation, in a constructive dialogue with the Committee. The Committee regrets, however, that the report has not followed the guidelines for the preparation of States parties' initial reports and that some areas covered by the Convention have not been addressed therein.

117. The Committee, noting the long-standing attachment of the State party to international human rights instruments and recalling its active participation in the drafting process of the Convention, expresses satisfaction at the early ratification of the Convention by Senegal.

118. The Committee welcomes the fact that Senegal applies the principle of the primacy of international human rights standards over national legislation. The Committee also notes with satisfaction the fact that the Convention is self-executing and that its provisions may be invoked before the court.

119. The Committee notes with satisfaction the active role played by Senegal to promote awareness of children's rights, as reflected in the 1992 Dakar International Conference on the Assistance to the African Child and at the recent African Preparatory Meeting for the Fourth World Conference on Women, during which particular attention was paid to the situation of the girl child.

120. Specific initiatives adopted in the context of the ratification of the Convention are also welcomed, including the establishment of Children's Parliaments at the national and regional levels, the establishment of a Presidential Committee to ensure follow-up to the World Summit for Children and the promotion of the Movement of Mayors for Children.

121. The Committee acknowledges the economic difficulties encountered by the State party, particularly those arising from the implementation of the structural adjustment policies and the recent devaluation of the CFA franc.

122. The Committee is concerned that some traditional cultural attitudes towards children may hamper the full enjoyment of the rights embodied in the Convention by children in Senegal. An understanding of children as subjects of rights has not yet penetrated all strata of Senegalese society.

123. The Committee is concerned at the insufficient attention paid to the systematic training of professional groups working for children, including teachers, social workers, judges and law enforcement officials.

124. The Committee is concerned at the insufficient measures taken to ensure a system of data collection relevant for monitoring the implementation of the Convention; disaggregated data and appropriate indicators would allow for an assessment of progress to be made in all areas, in relation to all groups of children, at the national, regional and local levels.

125. The Committee is also concerned at the insufficient steps taken to ensure the full conformity of national legislation with the provisions of the Convention. The Committee notes in particular the lack of conformity of legislative provisions in matters relating to the legal definition of the child. The early and lower marriageable age for girls compared with boys raises serious questions as to its compatibility with the Convention, in particular article 2. The discrepancy between the age for completion of compulsory education and the minimum age for admission to employment is another matter of concern. The lack of a minimum age below which children are presumed not to have the capacity to infringe penal law is also noted with concern.

126. The Committee is particularly concerned at the insufficient measures to ensure the effective implementation of the principle of non-discrimination. In this regard, it notes the persistent discriminatory attitudes towards girls, also reflected in their notably lower school attendance and their higher drop-out rate. It also regrets the prevailing de facto and de jure discrimination towards children born out of wedlock.

127. With regard to article 4 of the Convention, the Committee is concerned about the inadequacy of measures taken to ensure the implementation of economic, social and cultural rights to the maximum extent of available resources. The proportion of GDP allocated to health according to the recommendations of the World Health Organization.

128. The absence of compulsory and free education at the primary level raises deep concern.

129. The Committee is seriously worried at the difficult living conditions faced by a great number of talibés, who are deprived of the enjoyment of their fundamental rights under the law.

130. The Committee expresses its concern about the number of working children, particularly those working in the informal sector, and about the situation of girls working as domestic servants.

131. The Committee is also concerned about the inadequacy of the existing juvenile justice system and its lack of compatibility with the Convention.

132. The Committee encourages the Government to pursue its efforts aiming at promoting advocacy and awareness and understanding of the Convention and having its basic principles grasped by the general public, in particular by ensuring the translation of the Convention in all national languages and paying particular attention to people living in rural areas. The Government should pursue such efforts in close cooperation with community and religious leaders, with a view to promoting change in persisting negative attitudes towards children, particularly girls, and to abolishing practices prejudicial to the health of children, in particular female genital mutilations.

133. The Committee also encourages the State party to ensure on a systematic basis training activities on the Convention to professional groups working with and for children, including teachers, judges, social workers, law enforcement officials and personnel entrusted with the task of ensuring data collection in the areas covered by the Convention.

134. The Committee recommends that a permanent and multidisciplinary coordinating mechanism be developed for monitoring and evaluating the progress achieved in the implementation of the Convention.

135. The Committee also recommends that measures be taken to improve the system of collecting statistical and other data in all areas covered by the Convention and on the basis of appropriate indicators at the national, regional and local levels. Such a system should include all groups of children, while paying particular attention to the most vulnerable groups, including poor children, girls, domestic servants and talibés.

136. The Committee suggests that special efforts be developed to ensure an effective system of birth registration, in the light of article 7, to ensure the enjoyment of the fundamental rights of the Convention by all children without discrimination and as a meaningful tool to assess prevailing difficulties and to promote progress.

137. With respect to the implementation of article 4 of the Convention, the Committee recommends that particular attention be paid to the need to ensure budget allocations, to the maximum extent of available resources, to implement economic, social and cultural rights in the light of the principles of non-discrimination and the best interest of the child. Efforts should be pursued to reduce the negative impact on children of policies of structural adjustment.

138. The Committee recommends that the State party ensure that national legislation conforms fully to the provisions and principles of the Convention, in the light of the concerns identified by the Committee and of the study on a comprehensive law reform conducted under the auspices of UNICEF. The principles of the Convention including those relating to the best interests of the child and the prohibition of discrimination and of participation of children in matters affecting them should be reflected in domestic law. Specific provisions should be included with a view to clearly forbidding female genital mutilation and any form of torture or cruel, inhuman or degrading treatment or punishment, as well as of any form of corporal

punishment within the family. Adequate legislative and other measures should also be taken to establish a complaints procedure for children whose fundamental rights have been violated.

139. The Committee recommends that legislative measures be taken to establish a definition of the child in the light of the Convention, including with a view to ensuring an equal age for marriage for girls and boys in the light of article 2, a minimum age of criminal responsibility in the light of article 40, paragraph 3 (a), and an equal age of completion of compulsory education and minimum age for admission to employment, in the light of articles 28, 29 and 32. The Committee also recommends that the principle of non-discrimination be clearly reflected in the law, including in relation to children born out of wedlock.

140. The Committee recommends that in the process of a comprehensive law reform consideration be given to the full implementation of the principles and provisions of the Convention and of other relevant United Nations standards in the field of the administration of juvenile justice, including the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, aiming at a child-oriented system in the light of the best interests of the child.

141. The Committee further recommends that reform of child labour legislation should address the situation of children working in the informal sector, paying due attention to domestic service, in the light of the recommendations made in the study prepared under the auspices of ILO. In this regard, the Committee would like to suggest that the State party consider requesting technical assistance from ILO.

142. The Committee suggests that further steps be taken to strengthen the education system, particularly in the rural areas, to improve the quality of teaching and to reduce drop-out rates. The Committee also recommends that the State party adopt all necessary measures to ensure a system of compulsory and free primary education, on the basis of equal opportunity, paying due regard to the situation of girls.

143. The Committee recommends that in the implementation process of the Convention the State party pay special attention to the situation of talibés. Further measures should be adopted to ensure the effective enjoyment of their fundamental rights and that they are protected against any form of discrimination. Efforts should be made to ensure an effective monitoring system of their situation by the State party, in close cooperation with religious and community leaders.

144. In the light of article 44, the Committee suggests that the initial report presented by Senegal be made widely available to the public at large and that the publication of the report be considered, along with the summary records of the discussion and the concluding observations adopted thereon by the Committee.

145. The Committee considered the initial report of Portugal (CRC/C/3/Add.30) at its 250th, 251st and 252nd meetings (CRC/C/SR.250-252), held on 9 and 10 November 1995 and adopted* the following observations:

146. The Committee notes that although the report prepared by the State party was comprehensive in offering information on the legislative framework for the implementation of the Convention, it did not contain sufficient information on the actual implementation of the provisions of the Convention throughout the country. The Committee, therefore, wishes to express its appreciation to the delegation which presented the report for its frank and self-critical approach to answering the questions raised by the Committee and for the helpful and valuable responses in clarifying the measures being taken and considered for the implementation of the Convention. It is the view of the Committee that the discussion and exchange of views with the delegation was constructive and fruitful.

147. The Committee welcomes the political commitments made by the State party's recently elected Government to implement all the provisions and principles of the Convention in the country.

148. The Committee welcomes the decision taken by the Government to improve the implementation of economic, social and cultural rights, and notes with satisfaction the establishment of a national minimum guaranteed income.

149. The Committee welcomes the steps undertaken by the Government concerning education, i.e. an increase in the budgetary allocation for education equivalent to 1 per cent of GDP until 1999 and an increase in the network of pre-school facilities.

150. The Committee welcomes the establishment of an ombudsperson ("Proveda de Justiça") and the creation in the ombudsperson's office of a focal point on children's rights.

151. The Committee welcomes the fact that the State party has indicated its intention to consider adhering to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

152. The Committee welcomes the fact that ratification of ILO Convention No. 138 is currently being discussed with a view to its ratification in the near future.

153. The Committee is concerned by the absence of an efficient coordinating and monitoring mechanism that is able to offer a systematic and comprehensive compilation of data and indicators on all areas covered by the Convention and in relation to all groups of children. Such a mechanism would facilitate coordination and monitoring between the local, regional and national levels and improve the implementation of all policies and programmes relating to the rights of the child.

154. The Committee is concerned by the absence of a systematic information policy for the dissemination of the Convention among children and adults. It also expresses concern about the insufficient training activities on the Convention, especially for professional groups such as judges, lawyers, teachers, social workers, doctors, law enforcement personnel, etc.

155. The Committee is concerned by the absence of a permanent consultation mechanism that would permit effective participation by the civil society, in particular non-governmental organizations (NGOs).

156. With regard to article 4 of the Convention, the Committee is concerned by the fact that the Government has not yet fully implemented the economic, social and cultural rights of the child to the maximum extent of available resources. The Committee is also concerned that the State party's international cooperation policies do not yet fully give priority to children.

157. With regard to article 2 of the Convention, the Committee notes with concern that the principle of non-discrimination is not fully implemented for girls, disabled children and illegal immigrant children, non-accompanied children and children living in rural areas, especially in the fields of education and health.

158. The Committee expresses its concern in relation to the full implementation of the participatory rights of children (art. 12 of the Convention).

159. The Committee is worried about the insufficient measures adopted to prevent and fight abuse and corporal punishment, in particular within the family.

160. With regard to article 17 of the Convention, the Committee notes that access to appropriate information is not always guaranteed for children, especially those living in rural areas.

161. The Committee is concerned by the increasing number of children living in the streets of the main cities and the lack of information in this area.

162. The Committee is worried about the full implementation of the Convention in the field of the administration of juvenile justice.

163. The Committee recommends that the State party strengthen coordination and monitoring between the different governmental mechanisms involved in children's rights, at national, regional and local levels, with a view to ensuring effective implementation of the Convention throughout the country and for all groups of children. Closer cooperation with NGOs should be promoted.

164. In the framework of the United Nations Decade for Human Rights Education, the Committee recommends that the State party launch a permanent information campaign, both for children and adults, on the Convention on the Rights of the Child. The Government should consider incorporating the Convention into the school curricula and take appropriate measures to facilitate access by children to information produced for them. The Committee suggests that the State party promote a comprehensive training programme policy for professional groups such as teachers, social workers, doctors, law enforcement personnel and immigrations officers.

165. The principle of non-discrimination should be fully implemented by the State party; the Committee therefore recommends that effective measures be taken to promote and improve the situation of the most vulnerable groups of children, including girls and disabled children, and that the rights of illegal immigrant children and non-accompanied children be fully protected. Information on children's rights should be made available to all refugee children in their own language.

166. The Committee encourages the State party to pursue its efforts with a view to ratifying ILO Convention No. 138 in the near future.

167. The Committee recommends that the authorities take the necessary measures, including the implementation of a national policy, to prevent abuse and corporal punishment of children, including within the family.

168. The Committee recommends that measures be taken to give appropriate support to all children living at risk, especially children living on the streets. The Committee suggests that a comprehensive study be undertaken by the authorities so that they may be in a position to promote and implement policies and programmes.

169. With regard to juvenile justice, the Committee recommends that all appropriate measures be taken to ensure full compatibility with the principles and provisions of the Convention. Alternatives to institutionalization and detention should be systematically reviewed to ensure that those measure are taken only as a last resort.

170. The Committee encourages the State party to pursue its efforts to implement the Convention in the territory of Macau and encourages the submission of information on this process to the Committee as soon as new developments occur.

171. The Committee encourages the State party to disseminate widely the State party's report, the summary records of the discussion of the report within the Committee and the Committee's concluding observations. These documents might be brought to the attention of Parliament and that the suggestions and recommendations for action contained therein be followed up.

172. The Committee considered the initial report of the Holy See (CRC/C/3/Add.27) at its 255th and 256th meetings (CRC/C/SR.255 and 256), held on 14 November 1995, and adopted* the following concluding observations:

173. The Committee expresses its appreciation to the Holy See for its initial report, although, due to the particular nature of the State party, it did not follow the Committee's guidelines. It also expresses its appreciation for the frank and open dialogue engaged with a high-level delegation. The Committee takes note of the answers given to the questions raised by members and the documentation provided to the Committee during the discussion, which enabled the Committee to better assess the role of the Holy See in the implementation of the Convention.

174. The Committee welcomes the efforts of the State party with a view to encouraging universal ratification of the Convention.

175. The Committee welcomes the State party's recognition of the important role the Holy See and its constituencies could play throughout the world to achieve the aims and objectives of the Convention. The Committee takes note of the network of institutions and structures set up by the Holy See for the welfare of children, such as the Pontifical Council for the Family, the Congregation for Catholic Education, the Pontifical Council for Pastoral

Assistance to Health Care Workers and the Pontifical Missionary Society of the Holy Childhood.

176. The Committee notes the positive efforts made by the State party to disseminate and translate the Convention worldwide and welcomes its readiness to cooperate actively with and to provide assistance to other States parties in that regard.

177. It welcomes the decision taken by the Pontifical Council for the Family, as a concrete contribution to the International Year of the Family, to set up shelters for street children in Brazil, the Philippines and Rwanda.

178. The Committee is concerned about reservations entered by the Holy See to the Convention on the Rights of the Child, in particular with respect to the full recognition of the child as a subject of rights.

179. The Committee is concerned that discrimination between children may arise in Catholic schools and institutions, in particular with regard to gender.

180. The Committee is concerned at the insufficient attention paid to the promotion of education of children on health matters, the development of preventive health care, guidance for parents and family planning education and services, in the light of the provisions of the Convention.

181. In the spirit of the final document of the World Conference on Human Rights, the Committee wishes to encourage the State party to consider reviewing its reservations to the Convention with a view to withdrawing them.

182. In view of the moral influence wielded by the Holy See and the national Catholic Churches, the Committee recommends that efforts for the promotion and protection of the rights provided for in the Convention be pursued and strengthened. In that regard, the Committee wishes to underline the importance of wide dissemination of the principles of the Convention and its translation into languages spoken throughout the world, and recommends to the State party to continue to play an active role to that end.

183. The Committee emphasizes the need for professionals and voluntary workers involved in the education and protection of children to receive adequate training and education, taking into account the principles set forth in the Convention. The Committee also recommends that the Convention be included in the curricula of Catholic schools. In this respect, it is the view of the Committee that the teaching methods used in schools should reflect the spirit and philosophy of the Convention and the aims of education laid down in its articles 28 and 29.

184. The Committee recommends that the position of the Holy See with regard to the relationship between articles 5 and 12 of the Convention be clarified. In this respect, it wishes to recall its view that the rights and prerogatives of the parents may not undermine the rights of the child as recognized by the Convention, especially the right of the child to express his or her own views and that his or her views be given due weight.

185. It also recommends that the spirit of the Convention and the principles set forth therein, in particular the principles of non-discrimination, of the best interests of the child and of respect for the views of the child, be fully taken into account in the conduct of all the activities of the Holy See and of the various Church institutions and organizations dealing with the rights of the child.

186. The Committee held its fourth informal meeting for two weeks in October in the South Asian region. Like the previous ones, this informal meeting, organized in close cooperation with UNICEF, designed to ensure wider awareness of the Convention on the Rights of the Child, as well as of the activities of the Committee on the Rights of the Child and its role in promoting action in favour of children and monitoring progress made by States parties in the realization of children's rights and in encouraging a more effective system for the implementation of the Convention at the national and international levels. The informal meeting was also aimed at enabling the Committee members to understand the situation of children in the region, through on-site visits and contacts with governmental officials, representatives of United Nations bodies, non-governmental organizations and the donor community.

187. The fourth informal meeting was also intended to allow for a substantive consideration of the subject of child labour in the specific context of the region and in the light of the strategies identified to address the problem. For that purpose, a thematic regional consultation thereon was included in the agenda of the meeting.

188. The Committee members, in different groups, visited India, Pakistan, Bangladesh, Nepal and Sri Lanka with the three main goals of explaining the reporting system and encouraging the finalization of the national process in that regard; becoming familiar with the existing situation, prevailing difficulties and relevant achievements in each country; and in the case

of Pakistan and Sri Lanka assessing the consideration given to the recommendations it had addressed in its concluding observations to the respective Governments.

189. In its contacts and official meetings, the Committee stressed the essential relevance of governmental action to achieve a comprehensive approach to children's rights, as well as the decisive role played by the civil society in promoting popular participation and public scrutiny of State policies. Moreover, the exchange of views held with the donor community and international organizations active in the different countries made clear how important it is to promote international cooperation and solidarity to foster the effective realization of children's rights in general, and to ensure full implementation of the Convention to protect children from being economically exploited, including through child labour, in particular.

190. The informal visits allowed the Committee to be informed about projects designed to eradicate child labour, both in the formal and informal sectors. Particular attention was paid to community and family based programmes, as well as to the important role played by education in enabling children to gain skills, to develop their abilities to the fullest potential and to make free and informed choices in life.

191. The regional thematic consultation held in Kathmandu provided the opportunity for the Committee members to exchange views on their different visits and to identify the specific strategies followed in the countries

concerned to prevent and combat the exploitation of children through work, to ensure the effective protection of children's rights and to abolish child labour.

192. The thematic debate on the economic exploitation of children and the set of recommendations the Committee adopted thereafter were of crucial importance for the programmes of ILO and of non-governmental organizations in that area.

193. In the debate the importance was stressed of taking the Convention as a basis for the consideration of policies designed to address child labour, due respect being paid to the general principles of non-discrimination, respect for the views of the child, survival and development of the child and the best interests of the child as primary considerations in all measures adopted. In situations where, in the light of the Convention on the Rights of the Child, in particular its article 32, and ILO standards, legal work was performed, providing for minimum ages for admission to employment and for appropriate regulation of the hours and conditions of employment was of decisive importance.

194. The abolition of child labour was identified as an essential and urgent goal and the need recognized for specific national strategies to be defined to achieve it. In that regard, compulsory education was identified as an essential tool. It was also stressed that each national strategy should address all forms of labour, in both the formal and informal sectors, and that less visible situations, such as domestic service, should not be neglected. In addition, the strengthening of international cooperation, in particular between UNICEF and ILO, was encouraged as a means of fostering the realization of children's rights in that important field.

195. At its first session, the Committee had requested the Secretariat to report, at the beginning of each session, on the action taken pursuant to decisions adopted by the Committee at its previous session. Accordingly, at the 234th meeting, the Assistant Secretary-General for Human Rights informed the Committee about recent activities of the United Nations human rights programme relevant to the rights of the child. Those developments included activities related to the plan of action of the High Commissioner for Human Rights for the strengthening of the implementation of the Convention on the Rights of the Child, the Fourth World Conference on Women and related meetings, the Sixth Meeting of persons chairing the human rights treaty bodies and recent developments in other human rights organs and treaty bodies. The Committee was also provided with an informal note prepared by the Secretariat containing a summary of action taken at the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-seventh session on issues relevant to the rights of the child.

196. Following a decision taken at the first session, the Rapporteur, Mrs. Marta Santos-Pais, made a comprehensive oral report on main developments relevant to the work of the Committee which had occurred since the seventh session of the Committee, focusing in particular on the Cairo International Conference on Population and Development, the Copenhagen World Summit for Social Development and the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The consideration of the final documents adopted at those three meetings had allowed for a wider examination of the extent to which children's rights were having a clear impact on activities developed within the United Nations system - as in the case of violence against children. Similarly, clear importance had been given to the enjoyment of fundamental rights by girls, including in relation to a minimum legal age of marriage, the prohibition of early or forced marriage,

as well as to the essential importance of national implementation of international instruments. Further, consideration of those final documents had enabled the Committee to be alerted to areas of concern identified elsewhere and to play an increasing role in international cooperation on behalf of children. In that regard, attention was called to the need for reviewing the impact of structural adjustment programmes with a view to reducing their negative impact on children. The negotiation of durable solutions, including debt forgiveness, debt reduction or debt relief, was encouraged as a means of promoting debt conversion in favour of social development programmes. In the area of official development assistance, a call was made for the fulfilment of the agreed target of 0.7 per cent of GNP for overall official development assistance.

the meeting held on 19 June 1995 between the Secretary-General and the chairpersons of treaty bodies, and about the main decisions taken and recommendations made by the Sixth Meeting of persons chairing the human rights treaty bodies, held at Geneva from 18 to 22 September 1995 (see A/50/505, annex).

occurred at the Fourth World Conference on Women, held at Beijing from 4 to 15 September 1995, at which she and Mrs. Flora Eufemio had represented the Committee. Mrs. Hoda Badran, who had participated in the NGO Forum on Women, informed the Committee of the attention it had paid to the situation of the girl child and the need to prevent and combat gender discrimination, as well as to the importance of ensuring an appropriate balance between the rights of the child and the rights and responsibilities of parents. The presence of representatives of the Committee at those meetings had been crucial to ensure a clear reference to the Convention on the Rights of the Child was included in the final document of the Conference, as well as a specific chapter devoted to the girl child. Mrs. Marilia Sardenberg,

who had represented the Committee at an expert meeting held in Vienna from 3 to 7 July 1995 on the development of guidelines for the incorporation of a gender perspective into the work of the United Nations human rights regime, provided the Committee with an account of the meeting, in particular as it applied to the human rights treaty bodies. She stressed that a gender perspective to human rights theory and practice, including recommendations addressed to States parties and follow-up action, would contribute decisively to preventing the marginalization of women's and girls' human rights and would promote a change in attitudes and behaviour at all levels.

199. The Committee was provided with an update on activities carried out in the framework of the study being undertaken by Mrs. Graça Machel on the impact of armed conflicts on children. During the recent period, the cooperation between Mrs. Machel and the Committee had continued. Two members of the Committee, Mrs. Hoda Badran and Mr. Thomas Hammarberg had participated, as keynote speakers, in a regional Arab consultation held in Cairo in August 1995. The meeting had addressed the question of ways and means to protect children affected by armed conflicts and to rehabilitate child victims of such conflicts, the violation of the fundamental rights of children and the root causes of those conflicts, while making suggestions for preventing armed conflicts.

200. The representative of the International Labour Organization introduced a document on child labour submitted to the Committee on Employment and Social Policy of the Governing Body of ILO in November 1995. He stressed that the document reflected, in its section on collaboration with other international organizations, the existing cooperation between ILO and the Committee. It was pointed out that that cooperation should continue and find its natural extension at the national level with the participation of employers' and workers' organizations in the national bodies that had been set up in a large number of States to implement the Convention on the Rights of the Child.

201. The representative of the Hague Conference on Private International Law provided the Committee with an update on the status of the 1993 Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. He also briefed the Committee on progress made in preparing the preliminary draft convention on the protection of children, as well as on the implementation of the Hague Convention on the Law applicable to Maintenance Obligations and of the United Nations Convention on the Recovery Abroad of Maintenance.

202. In view of the importance it attaches to the dissemination of information on the Convention on the Rights of the Child, the Committee held two informal meetings with representatives of children's organizations (one with children from all over the world representing participants at the 1995 World Summit for Children, and one with children sponsored by the French Association Vacances Voyages Loisirs). A meaningful exchange of views took place between Committee members and the children present at the meetings which provided a special opportunity to make the principles and provisions of the Convention better understood, in a dialogue in which children were able to make known their views on their fundamental rights.

203. In the light of rule 74 of its provisional rules of procedure, the Committee on the Rights of the Child has decided periodically to devote one or more meetings to a general discussion on a specific article of the Convention or to a theme in the area of the rights of the child in order to enhance understanding of the content and implications of the Convention.

204. Encouraged by the successful contribution of its previous thematic debates towards creating wider awareness of the principles and provisions of the Convention and towards providing guidance to States for its implementation, the Committee had decided to devote the day of 13 November 1995 to discussion of the administration of juvenile justice.

205. The topic of the administration of juvenile justice has received consistent attention from the Committee, particularly in the concluding observations adopted by the Committee in relation to States parties reports (CRC/C/15 and addenda). The general discussion therefore provided an opportunity to evaluate the Committee's experience in the first years of its mandate.

and in relation to all legal systems. The challenging and innovative philosophy arising from the Convention on the Rights of the Child and other United Nations standards adopted in the field - the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty - predicates a child-oriented system that recognizes the child as a subject of fundamental rights and freedoms and ensures that all actions concerning him or her are guided by the best interests of the child as a primary consideration. To achieve such a system there was a need for States parties to adopt all necessary measures to ensure full compliance of their national law and practice with the Convention on the Rights of the Child, in particular in the light of its article 4.

207. In an outline prepared to guide the general discussion, the Committee recalled the increasing and special interest paid by different instances of the United Nations system to the field of the administration of juvenile justice, and in particular to the standards relating to juveniles deprived of their liberty. Special reference was made in this spirit to the expert

group meeting on children and juveniles in detention held in Vienna in October-November 1994 and the important set of recommendations it adopted (E/CN.4/1995/100), as well as to the subsequent endorsement of them

by the Commission on Human Rights (in its resolution 1995/41) and the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Consideration was also given to the important resolutions adopted at the fourth session of the Commission on Crime Prevention and Criminal Justice, in particular those relating to children as victims and perpetrators of crime and the effective application of United Nations standards and norms in juvenile justice.

208. The Committee had identified two main areas to be considered during the debate: the relevance of the effective implementation of existing standards;

and the value of international cooperation, namely through programmes of technical assistance. It was of the opinion that discussion of those themes would contribute to emphasizing the importance of accountability for the protection of, and respect for, the human rights of children, and would stress the need to foster international solidarity for the realization of those rights.

209. As for previous thematic discussions, the Committee had invited, in the light of article 45 of the Convention, representatives of United Nations organs, bodies and specialized agencies, and other competent bodies, including non-governmental organizations and research and academic institutions, to contribute to the discussion and provide expert advice on the two identified topics.

210. Several organizations submitted documents on the theme. Written contributions were also received from the Governments of Austria and the Former Yugoslav Republic of Macedonia. The list of these documents and contributions is to be found in annex VI to the present report.

211. Representatives of the following organizations and bodies made statements on the day of the general discussion: Centre for Human Rights, United Nations Centre for Social Development and Humanitarian Affairs (Crime Prevention and Criminal Justice Branch), United Nations Children's Fund, Office of the United Nations High Commissioner for Refugees, World Health Organization, International Committee of the Red Cross, Children Rights Centre of Ghent University, Defence for Children International, Epoch Worldwide, Human Rights Watch Children's Rights Project, International Association of Juvenile and Family Court Magistrates, International Federation of Social Workers, International Save the Children Alliance, Japan Federation of Bar Associations, Rädda Barnen, Terre des Hommes (Bal Sakha), World

for Lawyers for Human Rights, South Africa) in their capacity as individual experts also made statements during the debate.

rights was stressed, as well as the essential value of its general principles, which were of a particular relevance in the area of juvenile justice. Envisaging the child as a subject of rights, ensuring clear recognition and implementation of the principle of equality before the law and recognizing the inherent link existing between human rights and legal rights were emphasized as essential means to ensure respect for existing standards, in particular the Convention on the Rights of the Child.

213. The various interventions of Committee members and invited participants ensured a lively debate during which the importance of existing United Nations norms and principles was stressed, concrete examples of projects carried out at the country and regional levels were presented, and successful achievements or difficulties encountered in the process of ensuring the realization of children's rights worldwide were mentioned.

214. In that framework, the universality of the Convention was referred to as having particular significance. In view of the fact that it had been ratified by 181 States, the Convention provided a common reference and an ethical vision for addressing the issue of the administration of juvenile justice. The binding nature of its provisions implied a clear recognition on the part of States parties of the rights set forth therein. In addition, the Convention called for the implementation of the most conducive provisions

for the realization of the rights of the child, and had therefore to be considered in conjunction with other relevant international instruments, namely the Beijing Rules, the Riyadh Guidelines and the Rules for the Protection of Juveniles Deprived of their Liberty. Those instruments complemented and provided guidance for the implementation of the rights recognized by the Convention and confirmed that there was no possible conflict between human rights and juvenile justice.

215. That approach was prevalent in the consideration of States parties reports by the Committee, in the preparation of the list of issues, as well as in the formulation of concluding observations and of the recommendations addressed to Governments. It would further guide the Committee in the preparation of the guidelines for the future periodic reports to be submitted in the light of article 44 of the Convention.

216. Such an approach should also inspire action for the realization of children's rights in a broader context, since juvenile justice could not be reduced to situations where a conflict with criminal law had arisen. As an illustration, attention was paid to the area of asylum-seeking, refugee and unaccompanied children. In fact, the diversity of provisions in the Convention on the Rights of the Child applicable to them, and the universal nature of that legal instrument, extended the level of the protection of their fundamental human rights and legal safeguards, in particular in situations of deprivation of liberty or separation from their families. In such circumstances, it was essential to ensure that the child was treated in a manner consistent with the promotion of his or her sense of dignity and worth and that decisions were clearly taken in the light of the best interests of the child, in a due process that gave the child who was capable of forming his or her own views the right to express those views freely.

217. In the evaluation of the experience of the Committee in its monitoring function, it was stressed that very often reports lacked information concerning juvenile justice, including data on the number of children deprived of liberty through arrest, detention or imprisonment. Reports were usually limited to a general description of legal provisions, rarely addressing

social factors leading to the involvement of juveniles with the system of administration of justice or the social consequences of the decisions taken

in that context. Similarly, they usually did not identify factors or difficulties which impeded progress towards the effective realization of children's rights.

218. It was particularly felt that the general principles of the Convention had not been adequately reflected in national legislation or practice. In relation to non-discrimination, particular concern was expressed about instances where criteria of a subjective and arbitrary nature (such as with regard to the attainment of puberty, the age of discernment or the personality of the child) still prevailed in the assessment of the criminal responsibility of children and in deciding upon the measures applicable to them. Attention was also paid to the situation of children living and/or working on the street, who in view of their low status were often confronted with social exclusion and stigmatization, including on the part of police officials. Such a situation paved the way for frequent and extreme abuses that were rarely monitored or punished and were therefore committed with unacceptable impunity.

219. The principle of the best interests of the child was reaffirmed by the Convention in the context of the administration of juvenile justice, particularly when it stressed that the child should be treated in a manner consistent with the promotion of his or her sense of dignity and worth which reinforced respect for the child's human rights and fundamental freedoms and took into account the child's age and special needs. However, reports revealed that special juvenile justice systems were often non-existent, that judges, lawyers, social workers or personnel in institutions were not given any special training and that information on fundamental rights and legal safeguards were not provided to children. For those reasons, and contrary to the Convention, deprivation of liberty was not used only as a measure of last resort or for the shortest period of time possible as called for in the Convention, nor were contacts with the family the rule; access to legal and other assistance was not provided and free legal aid was often not available.

220. Similarly, in relation to the right of the child to participate in proceedings affecting him or her, States parties' reports had indicated that children were seldom made sufficiently aware of their rights, including the right to assistance from a legal counsel, or of the circumstances surrounding the case or of the measures decided. They were also often denied the right to lodge complaints when they were victims of violation of their fundamental rights, including in cases of ill-treatment and sexual abuse. Moreover, the increasing trend for juvenile justice to become the subject of social and emotional pressure was a matter of particular concern, since it created opportunities to undermine respect for the best interests of the child.

221. It was noted with deep regret that the death penalty was still admitted in some countries for persons below the age of 18, that whipping and flogging were used as educative and punitive measures, and that insufficient attention was paid to the need for the promotion of an effective system of physical and psychological recovery and social reintegration of the child, in an environment that fostered his or her health, self-respect and dignity.

222. In that context, it was felt that there was a clear need to ensure, in the light of article 42 of the Convention and in the spirit of the United Nations Decade for Human Rights Education, a systematic campaign of information and awareness of the rights of the child. Particular efforts should be made to provide accessible information to children, including through the school system, as a means to strengthen the prevention of violation of their fundamental rights or neglect of fundamental legal safeguards.

223. Similarly, further steps should be taken to ensure that systematic training activities were provided to relevant professional groups working with and for children in that area. In that connection, the importance was stressed of incorporating the Convention on the Rights of the Child in training curricula and of reflecting its basic values in relevant codes of conduct. Particular reference was made to the role played by judges, lawyers, social workers, law enforcement officials, immigration officers and personnel working in institutions for children.

224. It was emphasized that there was an urgent need to ensure the publication and wide dissemination of a manual on standards of juvenile justice, including the Convention and other relevant United Nations standards adopted in this field, if possible with a commentary thereon, as well as of a manual on training for law enforcement officials. Expressing its willingness to be associated in such efforts, the Committee recognized the importance of such manuals as tools for advocacy and training activities, including those developed by the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch.

225. All those measures would further contribute to ensuring the effective realization of children's rights and would promote the full compliance of national legislation with international standards adopted in the field of juvenile justice.

226. Moreover, all the above-mentioned measures would help to ensure that the child was always envisaged as a subject of the rights inherent to the human dignity of the person and that the child was envisaged mainly as a victim, including in situations of sexual abuse, child prostitution and child pornography. The criminal responsibility of the child should be based on objective criteria clearly excluding situations where the child was simply confronted with poverty and social exclusion.

227. Moreover, deprivation of liberty, in particular pre-trial detention, should never be unlawful or arbitrary and should only be used once all other alternative solutions would have proved to be inadequate. When deprived of liberty every child should have the right to prompt legal or other appropriate assistance, and the right to challenge the deprivation of liberty before a court or other impartial and independent body. The privacy of the child should be fully respected in all stages of the proceedings, including in relation to criminal records and possible reporting by the media.

228. In the same context, concern was expressed at the placement of children in institutions, under a welfare pretext, without taking into due consideration the best interests of the child nor ensuring the fundamental safeguards recognized by the Convention, including the right to challenge the decision of placement before a judicial authority, to a periodic review of the treatment provided to the child and all other circumstances relevant to the child's placement and the right to lodge complaints.

229. It was urged that alternatives to institutional care should be sought, and a call was made for the adoption of adequate measures to end the prevailing lack of transparency in institutions for children. In that regard, it was suggested that serious consideration be given to the development of independent mechanisms, at the national and international levels, to ensure periodic visits to and an effective monitoring of such institutions, including in relation to complaints that might have been lodged. Recalling the significant role played by the International Committee of the Red Cross, in particular in situations of armed conflict, and the current efforts of the Commission on Human Rights aimed at introducing a system of periodic visits to places of detention in the framework of an optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, participants highlighted the particular relevance of national independent mechanisms. In that connection, reference was made to the role judges might play and to the importance of the intervention of an Ombudsman to ensure respect for the rights and interests of young persons.

230. During the debate, the role of the family was recognized as fundamental ensuring the effective enjoyment of the rights of children and their reintegration in an environment that fostered their self-respect and dignity. In the light of both the Convention and the Riyadh Guidelines, families should be encouraged to have closer and more frequent contacts with children placed in institutions and to have a say in children's treatment. The child's socialization should be promoted through increasing the involvement of families in children's programmes and through facilitating the release of children for home visits. Research on psycho-social implications of juvenile justice was recommended in that regard.

231. It was interesting to note, in that connection, the importance attached by traditional systems to the family, including the extended family, as well as to the community, in the process of ensuring the social reintegration of children and the promotion of their active participation in society. Such

systems allowed for respect of the privacy of the family and encouraged the consideration of healing and reconciliation measures as alternatives to custody or corporal punishment.

232. Research in that area was therefore considered as being important to identify the traditional solutions which were fully compatible with the Convention and its basic values. When widely shared in a given society, such solutions might be instrumental in the effective realization of children's rights.

233. The general discussion stressed the great relevance of international cooperation in the field of juvenile justice, an area which had become a clear priority in the United Nations system.

234. Relevant bodies, including the Committee on the Rights of the Child, the Commission on Crime Prevention and Criminal Justice and the Crime Prevention and Criminal Justice Branch of the United Nations Centre for Social Development and Humanitarian Affairs, the Commission on Human Rights, as well as the Advisory Services, Technical Assistance and Information Branch of the Centre for Human Rights should therefore cooperate increasingly in the areas of research, training, dissemination and the exchange of information, implementation and monitoring of existing standards, as well as in specific programmes of technical assistance. Only in that way would it be possible to rationalize the use of resources, streamline activities and enhance the efficiency of programmes, while clearly reaffirming the inherent link between criminal justice and human rights. For that reason, the participation in the thematic discussion of representatives of some of those bodies was welcomed.

235. The reporting system of the Convention, including the dialogue held with the States parties and the concluding observations adopted by the Committee, was recognized as decisively important to ensure a comprehensive framework for programmes of technical assistance. It provided the basis for a clear understanding of the situation in any given country and for fostering international cooperation and strengthening national capacities and infrastructures.

236. The recommendations addressed to States parties by the Committee could be of special benefit in the implementation of programmes of technical assistance in the areas of research, law reform and training of professional groups or in the consideration of alternatives to custodial measures, as well as for needs assessment missions and evaluation procedures.

237. For all those reasons, and in the light of the almost universal ratification of the Convention on the Rights of the Child, the Committee was a natural focal point and played a central and catalytic role in the area of international cooperation and assistance in the field of juvenile justice.

238. In that spirit, the Committee welcomed the initiatives designed to consider a strategy for technical cooperation and the establishment of a possible network for that purpose. It further welcomed the proposals made to ensure an increasing assistance to the Committee, in the light of the Plan of Action of the High Commissioner for Human Rights or through the establishment of an independent institution for that purpose.

239. The Committee envisaged devoting its next day of general discussion, scheduled to take place during the Committee's thirteenth session (September-October 1996), to the topic of sexual exploitation and sexual abuse of children, in the light of the provisions of article 34 of the Convention. To prepare that thematic discussion, the Committee would establish a working group among its members (Mrs. Flora Eufemio and Ms. Sandra Mason) in order to draft an outline identifying the main issues to be raised during the debate, for inclusion in the report of the Committee on its eleventh session in January 1996.

240. In accordance with article 44, paragraph 1 of the Convention, States parties to the Convention undertake to submit reports to the Committee on the implementation of the Convention

(a) Within two years of the entry into force of the Convention for the State Party concerned;

241. In view of the fact that the Committee should start receiving periodic reports from States parties, as from September 1997, the Committee decided to establish a working group composed of two of its members (Mrs. Hoda Badran and Mr. Youri Kolosov) with a view to preparing, for the next session of the Committee, in January 1996, a working paper on the conceptual framework for guidelines regarding the form and content of periodic reports from States parties. The working paper will serve as a basis for the elaboration of the guidelines, which will be finalized for adoption at the Committee's twelfth session (May-June 1996).

242. The draft provisional agenda for the eleventh session of the Committee reads as follows:

3. Submission of reports by States parties in accordance with article 44 of the Convention.

243. At its 259th meeting, on 17 November 1995, the Committee adopted the report on its tenth session.

States Date of signature Date of receipt Date of entry of instrument of into force

Initial reports due in 1992
State party	Date of entry into force	Date due	Date of submission	Symbol
Bangladesh	2 September 1990	1 September 1992	16 November 1995	CRC/C/3/Add.38
Barbados	8 November 1990	7 November 1992
Belarus	31 October 1990	30 October 1992	12 February 1993	CRC/C/3/Add.14
Belize	2 September 1990	1 September 1992
Benin	2 September 1990	1 September 1992
Bhutan	2 September 1990	1 September 1992
Bolivia	2 September 1990	1 September 1992	14 September 1992	CRC/C/3/Add.2
Brazil	24 October 1990	23 October 1992
Burkina Faso	30 September 1990	29 September 1992	7 July 1993	CRC/C/3/Add.19
Burundi	18 November 1990	17 November 1992
Chad	1 November 1990	31 October 1992
Chile	12 September 1990	11 September 1992	22 June 1993	CRC/C/3/Add.18
Costa Rica	20 September 1990	20 September 1992	28 October 1992	CRC/C/3/Add.8
Democratic People's Republic of Korea	21 October 1990	20 October 1992
Ecuador	2 September 1990	1 September 1992
Initial reports due in 1992 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Egypt	2 September 1990	1 September 1992	23 October 1992	CRC/C/3/Add.6
El Salvador	2 September 1990	1 September 1992	3 November 1992	CRC/C/3/Add.9 and Add.28
France	6 September 1990	5 September 1992	8 April 1993	CRC/C/3/Add.15
Gambia	7 September 1990	6 September 1992
Ghana	2 September 1990	1 September 1992
Grenada	5 December 1990	4 December 1992
Guatemala	2 September 1990	1 September 1992	5 January 1995	CRC/C/3/Add.33
Guinea	2 September 1990	1 September 1992
Guinea-Bissau	19 September 1990	18 September 1992
Holy See	2 September 1990	1 September 1992	2 March 1994	CRC/C/3/Add.27
Honduras	9 September 1990	8 September 1992	11 May 1993	CRC/C/3/Add.17
Indonesia	5 October 1990	4 October 1992	17 November 1992	CRC/C/3/Add.10 and Add.26
Kenya	2 September 1990	1 September 1992
Mali	20 October 1990	19 October 1992
Malta	30 October 1990	29 October 1992
Mauritius	2 September 1990	1 September 1992	25 July 1995	CRC/C/3/Add.36
Mexico	21 October 1990	20 October 1992	15 December 1992	CRC/C/3/Add.11
Mongolia	2 September 1990	1 September 1992	20 October 1994	CRC/C/3/Add.32
Namibia	30 October 1990	29 October 1992	21 December 1992	CRC/C/3/Add.12
Initial reports due in 1992 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Nepal	14 October 1990	13 October 1992	10 April 1995	CRC/C/3/Add.34
Nicaragua	4 November 1990	3 November 1992	12 January 1994	CRC/C/3/Add.25
Niger	30 October 1990	29 October 1992	27 April 1994	CRC/C/3/Add.29 (to be revised)
Pakistan	12 December 1990	11 December 1992	25 January 1993	CRC/C/3/Add.13
Paraguay	25 October 1990	24 October 1992	30 August 1993	CRC/C/3/Add.22
Peru	4 October 1990	3 October 1992	28 October 1992	CRC/C/3/Add.7 and Add.24
Philippines	20 September 1990	19 September 1992	21 September 1993	CRC/C/3/Add.23
Portugal	21 October 1990	20 October 1992	17 August 1994	CRC/C/3/Add.30
Romania	28 October 1990	27 October 1992	14 April 1993	CRC/C/3/Add.16
Russian Federation	15 September 1990	14 September 1992	16 October 1992	CRC/C/3/Add.5
Saint Kitts and Nevis	2 September 1990	1 September 1992
Senegal	2 September 1990	1 September 1992	12 September 1994	CRC/C/3/Add.31
Seychelles	7 October 1990	6 October 1992
Sierra Leone	2 September 1990	1 September 1992
Sudan	2 September 1990	1 September 1992	29 September 1992	CRC/C/3/Add.3 and Add.20
Sweden	2 September 1990	1 September 1992	7 September 1992	CRC/C/3/Add.1
Togo	2 September 1990	1 September 1992
Initial reports due in 1992 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Uganda	16 September 1990	15 September 1992
Uruguay	20 December 1990	19 December 1992	2 August 1995	CRC/C/28/Add.1
Venezuela	13 October 1990	12 October 1992
Viet Nam	2 September 1990	1 September 1992	30 September 1992	CRC/C/3/Add.4 and Add.21
Zaire	27 October 1990	26 October 1992
Zimbabwe	11 October 1990	10 October 1992	23 May 1995	CRC/C/3/Add.35

Initial reports due in 1993
Angola	4 January 1991	3 January 1991
Argentina	3 January 1991	2 January 1993	17 March 1993	CRC/C/8/Add.2 and Add.17
Australia	16 January 1991	15 January 1993
Bahamas	22 March 1991	21 March 1993
Bulgaria	3 July 1991	2 July 1993	29 September 1995	CRC/C/8/Add.29
Colombia	27 February 1991	26 February 1993	14 April 1993	CRC/C/8/Add.3
Côte d'Ivoire	6 March 1991	5 March 1993
Croatia	7 November 1991	6 November 1993	8 November 1994	CRC/C/8/Add.19
Cuba	20 September 1991	19 September 1993	27 October 1995	CRC/C/8/Add.30
Cyprus	9 March 1991	8 March 1993	22 December 1994	CRC/C/8/Add.24
Denmark	18 August 1991	17 August 1993	14 September 1993	CRC/C/8/Add.8
Initial reports due in 1993 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Djibouti	5 January 1991	4 January 1993
Dominica	12 April 1991	11 April 1993
Dominican Republic	11 July 1991	10 July 1993
Estonia	20 November 1991	19 November 1993
Ethiopia	13 June 1991	12 June 1993	10 August 1995	CRC/C/8/Add.27
Finland	20 July 1991	19 July 1993	12 December 1994	CRC/C/8/Add.22
Guyana	13 February 1991	12 February 1993
Hungary	6 November 1991	5 November 1993
Israel	2 November 1991	1 November 1993
Italy	5 October 1991	4 October 1993	11 October 1994	CRC/C/8/Add.18
Jamaica	13 June 1991	12 June 1993	25 January 1994	CRC/C/8/Add.12
Jordan	23 June 1991	22 June 1993	25 May 1993	CRC/C/8/Add.4
Kuwait	20 November 1991	19 November 1993
Lao People's Democratic Republic	7 June 1991	6 June 1993
Lebanon	13 June 1991	12 June 1993	21 December 1994	CRC/C/8/Add.23
Madagascar	18 April 1991	17 May 1993	20 July 1993	CRC/C/8/Add.5
Malawi	1 February 1991	31 January 1993
Maldives	13 March 1991	12 March 1993	6 July 1994	CRC/C/8/Add.15 (to be revised)
Mauritania	15 June 1991	14 June 1993
Initial reports due in 1993 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Myanmar	14 August 1991	13 August 1993	14 September 1995	CRC/C/8/Add.9
Nigeria	19 May 1991	18 May 1993	19 July 1995	CRC/C/8/Add.26
Norway	7 February 1991	6 February 1993	30 August 1993	CRC/C/8/Add.7
Panama	11 January 1991	10 January 1993	19 September 1995	CRC/C/8/Add.28
Poland	7 July 1991	6 July 1993	11 January 1994	CRC/C/8/Add.11
Republic of Korea	20 December 1991	19 December 1993	17 November 1994	CRC/C/8/Add.21
Rwanda	23 February 1991	22 February 1993	30 September 1992	CRC/C/8/Add.1
San Marino	25 December 1991	24 December 1993
Sao Tome and Principe	13 June 1991	12 June 1993
Slovenia	25 June 1991	24 June 1993	29 May 1995	CRC/C/8/Add.25
Spain	5 January 1991	4 January 1993	110 August 1993	CRC/C/8/Add.6
Sri Lanka	11 August 1991	10 August 1993	23 March 1994	CRC/C/8/Add.13
The former Yugoslav Republic of Macedonia	17 September 1991	16 September 1993
Ukraine	27 September 1991	26 September 1993	8 October 1993	CRC/C/8/Add.10/ Rev.1
United Republic of Tanzania	10 July 1991	9 July 1993	29 April 1994	CRC/C/8/Add.14 (to be revised)
Yemen	31 May 1991	30 May 1993	14 November 1994	CRC/C/8/Add.20
Yugoslavia	2 February 1991	1 February 1993	21 September 1994	CRC/C/8/Add.16

Initial reports due in 1994
State party	Date of entry into force	Date due	Date of submission	Symbol
Albania	28 March 1992	27 March 1994
Austria	5 September 1992	4 September 1994
Azerbaijan	12 September 1992	11 September 1994	9 November 1995	CRC/C/11/Add.8
Bahrain	14 March 1992	14 March 1994
Belgium	15 January 1992	14 January 1994	12 July 1994	CRC/C/11/Add.4
Bosnia and Herzegovina	6 March 1992	5 March 1994
Cambodia	14 November 1992	15 November 1994
Canada	12 January 1992	11 January 1994	17 June 1994	CRC/C/11/Add.3
Cape Verde	4 July 1992	3 July 1994
Central African Republic	23 May 1992	23 May 1994
China	1 April 1992	31 March 1994	27 March 1995	CRC/C/11/Add.7
Czech Republic	1 January 1993	31 December 1994
Equatorial Guinea	15 July 1992	14 July 1994
Germany	5 April 1992	4 May 1994	30 August 1994	CRC/C/11/Add.5
Iceland	27 November 1992	26 November 1994	30 November 1994	CRC/C/11/Add.6
Ireland	28 October 1992	27 October 1994
Latvia	14 May 1992	13 May 1994
Lesotho	9 April 1992	8 April 1994
Lithuania	1 March 1992	28 February 1994
Initial reports due in 1994 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Slovakia	1 January 1993	31 December 1994
Thailand	26 April 1992	25 April 1994
Trinidad and Tobago	4 January 1992	3 January 1994
Tunisia	29 February 1992	28 February 1994	16 May 1994	CRC/C/11/Add.2
United Kingdom of Great Britain and Northern Ireland	15 January 1992	14 January 1994	15 March 1994	CRC/C/11/Add.1
Zambia	5 January 1992	4 January 1994

Initial reports due in 1995
Algeria	16 May 1993	15 May 1995	16 November 1995	CRC/C/28/Add.4
Antigua and Barbuda	4 November 1993	3 November 1995
Armenia	23 July 1993	5 August 1995
Cameroon	10 February 1993	9 February 1995
Comoros	22 July 1993	21 July 1995
Congo	13 November 1993	12 November 1995
Fiji	12 September 1993	11 September 1995
Greece	10 June 1993	9 June 1995
India	11 January 1993	10 January 1995
Liberia	4 July 1993	3 July 1995
Libyan Arab Jamahiriya	15 May 1993	14 May 1995
Initial reports due in 1995 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Marshall Islands	3 November 1993	2 November 1995
Micronesia (Federated States of)	4 June 1993	3 June 1995
Monaco	21 July 1993	20 July 1995
Morocco	21 July 1993	20 July 1995	27 July 1995	CRC/C/28/Add.1
New Zealand	6 May 1993	5 May 1995	29 September 1995	CRC/C/28/Add.3
Papua New Guinea	31 March 1993	31 March 1995
Republic of Moldova	25 February 1993	24 February 1995
Saint Lucia	16 July 1993	15 July 1995
Saint Vincent and the Grenadines	25 November 1993	24 November 1995
Suriname	31 March 1993	31 March 1995
Syrian Arab Republic	14 August 1993	13 August 1995	22 September 1995	CRC/C/28/Add.2
Tajikistan	25 November 1993	24 November 1995
Turkmenistan	20 October 1993	19 October 1995
Vanuatu	6 August 1993	5 August 1995

Initial reports due in 1996
Afghanistan	27 April 1994	26 April 1996
Gabon	11 March 1994	10 March 1996
Luxembourg	6 April 1994	5 April 1996
Initial reports due in 1996 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
Japan	22 May 1994	21 May 1996
Mozambique	26 May 1994	25 May 1996
Georgia	2 July 1994	1 July 1996
Iraq	15 July 1994	14 July 1996
Uzbekistan	29 July 1994	28 July 1996
Iran (Islamic Republic of)	12 August 1994	11 August 1996
Nauru	26 August 1994	25 August 1996
Eritrea	2 September 1994	1 September 1996
Kazakhstan	11 September 1994	10 September 1996
Kyrgyzstan	6 November 1994	5 November 1996
Samoa	29 December 1994	28 December 1996

Initial reports due in 1997
Netherlands	7 March 1995	6 March 1997
Malaysia	19 March 1995	18 March 1997
Botswana	13 April 1995	12 April 1997
Qatar	3 May 1995	2 May 1997
Turkey	4 May 1995	3 May 1997
Solomon Islands	10 May 1995	9 May 1997
Haiti	8 July 1995	7 July 1997
Initial reports due in 1997 (continued)
State party	Date of entry into force	Date due	Date of submission	Symbol
South Africa	16 July 1995	15 July 1997
Palau	3 September 1995	2 September 1997
Swaziland	6 October 1995	5 October 1997
Tuvalu	22 October 1995	21 October 1997
Singapore	4 November 1995	3 November 1997
Tonga	6 December 1995	5 December 1997

Austrian Federal Ministry for Youth and Family, "Children in trouble". United Nations Expert Group Meeting, Vienna, Austria, 30 October-

"Human rights in juvenile justice: towards an integrated international strategy"

"Implementation of juvenile justice", by Ms. E. Andreevska, Adviser to the Ministry of Foreign Affairs

Emilio Garcia Mendez, Regional Adviser on Child Rights, UNICEF Regional Office for Latin America and the Caribbean, "Adolescents in conflict with criminal law: citizen security and basic rights"

Eugen Verhellen and Geert Cappelaere, "United Nations Guidelines for the Prevention of Juvenile Delinquency: prevention of juvenile delinquency or promotion of a society which respects children too?"

"Un réseau international sur la justice des mineurs. De la création des normes à la mise en oeuvre"

"Juvenile justice: using the UN Convention to audit juvenile justice systems and related services"

Project on community-based alternatives to imprisoning children in central and north-eastern Brazil

A report from the Japan Federation of Bar Associations to the General Discussion of the Committee on the Rights of the Child

A report to the Eighth United Nations Congress on Crime Prevention: "Japan's juvenile justice system: an overview"

A report on the application and practice in Japan of the International Covenant on Civil and Political Rights

A report from the Japan Federation of Bar Associations to the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders

Submission to the General Discussion day on the administration of juvenile justice

"Safe to let out? The current and future use of secure accommodation for children and young people"

Ann Skelton, "Developing a juvenile justice system for South Africa: international instruments and restorative justice"

"The arrest and detention of street children under the Convention on the Rights of the Child"

Tim O'Flynn, "Summary of findings re juvenile justice in Sri Lanka, India and Nepal"

John Parry Williams et al., "The administration of juvenile justice; a discussion paper"

Petrus Trevi, Department of Social Welfare, Ghana, "Report on the re-establishment of probation services and community supervision for juveniles in Ghana, 1992-1995"

Bal Sakha, "Programme for the protection of children's rights, Patna, Bihar, India"

CRC/C/2/Rev.4 Reservations, declarations and objections relating to the Convention on the Rights of the Child

CRC/C/19/Rev.5 Compilation of the conclusions and recommendations adopted by the Committee

CRC/C/27/Rev.3 Note by the Secretary-General on the follow-up to the consideration of reports

CRC/C/40/Rev.1 Note by the Secretary-General on areas identified by the Committee for technical assistance

CRC/C/44 Note by the Secretary-General on the States parties to the Convention and the status of submission of reports