COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fourth Session
Pre-sessional Working Group
31 January-4 February 2000
IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD
List of issues to be taken up in connection with the consideration
of the initial report of Kyrgyzstan (CRC/C/41/Add.6)
GENERAL MEASURES OF IMPLEMENTATION
(Articles 4, 42 and 44, paragraph 6)
1. Given that the Convention is an integral and directly applicable part of law in the State party (CRC/C/41/Add.6, para. 29), please provide examples, if any, of when the provisions of the Convention have been invoked in courts, especially courts of first instance.
2. Given the fact that there are several governmental committees which deal with children's issues (CRC/C/41/Add.6, paras. 32-34), please indicate which central structure is responsible for:
(a) intersectoral coordination and cooperation of policies and programmes affecting children at and between central, and local levels of government;
(b) monitoring the implementation of the Convention at central and local levels;
(c) receiving and addressing complaints of violations of child rights;
(d) the collection and analysis of disaggregated data; and to define the appropriate indicators in order to design policies and programmes affecting all persons under 18 years.
3. In accordance with article 42 of the Convention, please indicate what measures are being taken by the State party in a systematic and targeted manner to raise the awareness about the principles and provisions of the Convention (e.g. of Government officials, legislators, community-based organizations, religious leaders, the mass media, and the public-at-large,
including children themselves). Please provide information on what measures are being taken by the State party to train professional groups working with and for children about the Convention, particularly at the local level.
4. In light of article 4 of the Convention regarding the implementation to the "maximum extent of...available resources" of economic, social and cultural rights of children, please indicate what assessment has been conducted of the impact of declining budgetary allocations, especially in the health and education sectors, on the implementation of child rights.
GENERAL PRINCIPLES
(Articles 2, 3, 6 and 12 of the Convention)
5. In light of article 2 of the Convention, please indicate what measures have been taken to ensure enjoyment of all the rights in the Convention for the most vulnerable groups (i.e. girls, children with disabilities, children living in rural areas, children living and/or working on the streets, and children without propiska, or residence registration). What measures are being taken to combat traditional attitudes which may prevent girls from enjoying these rights; and to combat harmful traditional practices, such as bride-kidnapping? Please provide examples of measures being taken by the State party to train and sensitize the judiciary on gender issues. What measures have been adopted to reduce economic, social and geographical disparities, including between rural and urban areas?
6. With respect to article 12 of the Convention, under what circumstances can a child's views be directly heard in matters affecting him or her? Please indicate what steps are being taken by the State party to promote and facilitate within the family, the school, care institutions, and the courts, respect for the views of children, and their participation in all matters affecting them. Please provide examples of how these views are taken into consideration.
CIVIL RIGHTS AND FREEDOMS
(Articles 7, 8, 13-17, and 37 (a) of the Convention)
7. In light of article 7 of the Convention, please indicate what measures have been taken to ensure the timely registration of children born in rural areas, including promoting awareness of the necessity to register births, and facilitating registration by establishing, for example, mobile registration units, and registration units in health facilities and/or schools.
8. Please indicate what legislative steps have been taken to ensure the right of a woman to pass on her nationality to her child if she is married to a foreigner.
9. Please indicate what studies the State party has undertaken to understand the nature and extent of abuse, including sexual abuse, in homes, schools, care institutions, detention facilities, and by the militia. What specific legal provisions exist to protect children from being ill-treated in these instances? What mechanisms exist: for children to file complaints; and for mandatory reporting, investigating, prosecuting and monitoring cases of child abuse? Please indicate what programmes have been established for the psychological and physical recovery as well as social reintegration of child victims of abuse and violence. Have any cases of ill-treatment of children been submitted to the courts? What steps are being taken by the State party to prevent ill-treatment of children and to raise awareness of its negative consequences?
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(Articles 5, 18 paragraphs 1 and 2, 9-11, 27 paragraph 4,
20-21, 19 and 39 and 25 of the Convention)
10. Please indicate what measures have been taken to prevent the abandonment of children. What steps have been taken to formulate and implement a comprehensive national policy of deinstitutionalization of children, including the promotion of alternative measures to institutionalization, such as community-based programmes to assist parents, and foster care? What mechanisms have been established to ensure regular periodic review of placement, and monitoring of the conditions in these institutions?
11. Please indicate what developments have taken place to establish a comprehensive national policy and guidelines governing foster care and adoption, and to establish a central monitoring mechanism in this regard. What is the status of legal reforms in this area? What consideration has been given by the State party to accede to the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption?
BASIC HEALTH AND WELFARE
(Articles 6 paragraph. 2, 23, 24, 26 and 18 paragraph. 3
and 27 paragraphs 1-3 of the Convention)
12. In light of article 23 of the Convention concerning children with disabilities, please indicate what steps have been taken by the State party to:
- increase the allocation of resources (i.e. human and financial) to ensure access to rehabilitation, education, and other services for children with disabilities;
- provide services for children with learning disabilities or behavioural disorders;
- provide early childhood care and special education;
- develop early detection capacity within the primary school system;
- promote inclusive education;
- expand and strengthen community-based rehabilitation projects.
13. Please indicate what measures the State party has taken to:
- increase the allocation of resources (i.e. human and financial) towards a primary health care system;
- develop and implement an Integrated Management of Childhood Illness strategy;
- ensure that infant and under-5 mortality determination criteria comply with WHO standards;
- reduce infant mortality caused by acute respiratory infections;
- reduce maternal mortality;
- reduce the prevalence of iodine deficiency disorders;
- address morbidity and mortality in young children caused by diarrhoeal diseases;
- increase coverage and quality of pre- and post-natal care;
- disseminate materials on the benefits of breastfeeding, especially during the child's first four months;
- address maternal and child malnutrition, including micronutrient deficiencies;
- study the nature and extent of adolescent health problems, including STDs and HIV/AIDS, and provide access to child-friendly counselling;
- undertake campaigns to raise awareness and disseminate materials on maternal health, and family planning, adolescent reproductive health, STDs, and HIV/AIDS.
14. In light of article 24 of the Convention, please indicate what measures have been taken to address problems involving recycling, waste collection and disposal in urban areas, and poor access to safe water and adequate sanitation in rural areas. What steps are being implemented to protect the health of children from the negative impact of dangerous environmental hazards resulting from inappropriate storage sites of, inter alia, radioactive, and toxic wastes?
15. Please indicate what proportion of the population is entitled to receive social support benefits. What measures are in place to ensure timely payment of support to recipients?
EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(Articles 28, 29 and 31)
16. In light of article 28 of the Convention, please indicate what steps have been taken to increase the allocation of resources (i.e. human and financial) to ensure access to education, including pre-school, particularly for the most vulnerable groups of children.
SPECIAL PROTECTION MEASURES
(Articles 22, 30, 32-40)
17. In accordance with articles 37, 40, and 39, please indicate what steps have been taken to review all legislation relevant to offenders under 18 and ensure they are in line with the Convention and other international standards. What measures are in place to ensure effective supervision and monitoring of aksakal, or elders' courts, particularly in relation to cases involving persons under 18?
18. Please indicate what legislative steps have been taken to ensure the Labour Code provides protection for children working in the informal sector, including family enterprises, agricultural activities and domestic labour. What measures have been taken to pursue enforcement of child labour standards, including in the informal sector? What studies have the State party undertaken to understand the nature and extent of child labour in Kyrgyzstan? What consideration has been given to ratify ILO Convention No. 182 on Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour?
19. Please indicate what strategies and measures have been adopted to address the impact of drug-trafficking upon children, including usage and involvement. In light of recent narcotics legislation, please indicate what steps have been taken to ensure access to rehabilitation services for all children.
20. Please indicate what studies the State party has undertaken to understand the nature and extent of sexual abuse and exploitation of children. What is the legal framework protecting sexually abused and exploited children? What steps are being taken by the State party to raise awareness and undertake public education campaigns relating to sexual abuse and exploitation of children? What mechanisms are in place to provide for a mandatory system of reporting and monitoring of these phenomena? In light of article 39 of the Convention, what care and rehabilitation facilities are available for these children? Please indicate what steps have been taken to adopt a comprehensive Plan of Action as follow-up to the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.