List of issues : Mauritius. 12/02/96.
CRC/C.12/WP.6. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Twelfth session
Pre-sessional Working Group
29 January - 2 February 1996


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up with in connection with
the consideration of the initial report of
Mauritius
(CRC/C/3/Add.36)

General measures of implementation
(Arts. 4, 42 and 44, para. 6 of the Convention)

1. With reference to the information contained in paras. 126 and 127 of the report, please indicate whether the Government has sent notification to the Secretary-General of its withdrawal to the reservations previously made when the State party deposited its instrument of accession.

2. In light of the information contained in para. 17 of the report and para. 12 of HRI/CORE/1/Add. 60 in which it is indicated, inter alia, that the courts emphasize the importance of respecting and adhering to international obligations entered into by the State, please provide information as to whether the principles and provisions of the Convention have been cited in court, and if so, in which cases.

3. Has the Government considered the possibility of amending the Constitution to incorporate a provision or provisions on the Rights of the Child?

4. Please indicate whether a study has been undertaken to review national legislation and its compatibility with the provisions and principles of the Convention. or What steps are being taken to further improve the legal system for the protection of children?

5. With regard to para. 13 of HRI/CORE/1/Add. 60 please provide clarification as to whether children have access to the Ombudsman's Office and whether consideration has been given to the possibility of establishing an Ombdudsperson for children.

6. Please provide information on the measures taken to develop mechanisms for the determination of appropriate indicators as well as the collection of statistical data and other information on the status of children as bases for designing programmes to implement the Convention. Please indicate whether there is a need for technical assistance in this regard.

7. Please indicate the effectiveness of present institutional arrangements to promote the rights of the child and monitor implementation of the Convention on the Rights of the Child. In addition, please provide further information on how the present institutional arrangements relate to the non-governmental organizations in the country. (Paras. 8 and 9 of the report).

8. Please provide the policy in place in relation to the implementation of article 4 of the Convention with regard to the allocation "to the maximum extent of (...) available resources" for the rights of the child. What guarantees exist to ensure that local authorities are also guided by this principle in their policy decision making? In particular please indicate the measures taken to ensure that regional disparities do not develop in relation to the provision of social services and that children belonging to the most disadvantaged groups are..........check (Para. 7 of the report).

9. Please indicate the measures taken to train professional groups such as social workers, doctors, lawyers, teachers and the police as well as decision makers and government officials about the principles and provisions of the Convention? In addition, please indicate the measures taken to raise awareness of the mass media and information and publishing agencies about the rights of the child.

10. What measures have been taken to widely disseminate the principles and provisions of the Convention among children and adults alike and the active and appropriate means used to do so? With what means are the non-governmental organizations encouraged to spread awareness about the Convention?

11. To what extent is the Convention translated into national, local and minority languages?

12. What concrete measures have been taken or are foreseen to make the report widely available to the public at large in the light of article 44 para. 6 of the Convention? (Please indicate whether the text of the report has been, or is intended to be, translated and disseminated in any of the national or local or minority languages.)


Definition of the child
(Article 1 of the Convention)

13. Is there a minimum age for medical and legal counselling without parental consent?

14. At what age may children seek redress in the courts?

15. How does the minimum age for admission to employment compare with the age of completion of compulsory schooling? (Paras. 18 (i) and 105 of the report).

16. Is there a minimum legal age for the freedom to do business, for the right to ownership of property and for the right to inherit?


General principles
(Arts. 2, 3, 6 and 12 of the Convention)

17. Please indicate the major problems encountered in the process of implementing the provisions of article 2.

18. With reference to para. 19 of the report please indicate the present status of the law to remove discrimination on the basis of sex.

19. Has any evaluation been undertaken as to the effectiveness of measures or efforts to prevent and combat discrimination against girls, based on societal or cultural attitudes, practices and prejudices?

20. What further steps are planned to increase public awareness and understanding of child disability and prevent discrimination towards them? (Paras. 88 and 94 of the report).

21. Have any procedures been established to monitor tendencies of discrimination against girl children, disabled children, children living in poorer rural or urban areas and children born out of wedlock? Is there a deliberate effort made to collect disaggregated statistical data so that such tendencies can be detected?

22. Has there been any evaluation undertaken of the manner in which the principle of the "best interests of the child" as provided for in the Convention is reflected in actions undertaken by public or private social welfare institutions, courts of law or administrative authorities? (Paras. 19, 21 and 50 of the report).

23. Please indicate the ways in which the principle of respect for the views of the child has affected the legislation, the judicial process, the situation at schools and institutions for children as well as in the home. (Paras. 21 and 22 of the report).


Civil rights and freedoms
(Arts. 7-8, 13-17 and 37 (a) of the Convention)

24. Please indicate the measures taken or envisaged to sensitize and mobilize public opinion, especially in rural areas, concerning the need to register births and to provide and train adequate registry personnel. (Paras. 24-27 of the report).

25. Is a differentiation made on the grounds of gender of the parent in relation to a child's acquisition of nationality, particularly in situations where the child is born out of wedlock and/or one parent is a non-national?

26. Do adopted children and those born by artificial insemination have the right to know their origin and filiation?

27. Please indicate whether any difficulties are encountered in the implementation of the civil rights and freedoms of children as laid down in articles 13 and 15.

28. Is freedom of religion accepted by the family and society when a child chooses a religion other than that of the parents? (Paras. 35-36 and 42 of the report).

29. In light of the recognition of the right to privacy in article 16 of the Convention, how is the legislative protection of this right ensured, in accordance with the age and maturity of the child? (Para. 38 of the report).

or

Please provide information on how the balance is achieved between respect for the child's right to privacy and the duty of parents to take responsibility for their children?

30. Please indicate any additional steps taken to encourage the publication, production and dissemination of children's literature and its availability to all children? (Para. 125 of the report). In addition, please provide further information on the programme for sensitizing children to inculcate reading habits. (Paras. 29-32).

31. Does national legislation adequately provide for the protection of the child from information and material injurious to his or her well-being, in conformity with article 17 (e) of the Convention? (Para. 33 of the report).


Family environment and alternative care
(Arts. 5, 9-11, 18 paras. 1-2, 19 and 39, 20-21, 25 and 27 para.4 of the Convention)

32. Is parental education provided for? Are family counselling services available? If they are available, please indicate whether any recent evaluation has been undertaken of the impact of such educational programmes and counselling services?

33. What are the main changes the Mauritian family has undergone as a social nucleus, in relation to the child? In particular, has there been any notable change in the number/occurrence of single-parent families?

34. Please provide further information on the criteria employed in categorizing children as being beyond control and what measures are being taken to prevent this situation from arising?

35. Has any evaluation been undertaken of the adequacy of the measures to provide services for the care and support of the children of working parent(s)? (Paras. 47 to 49 of the report).

36. With reference to para. 46 of the report please provide more information on any progress achieved in encouraging the establishment of alternative care for children such as foster care. Please provide further information on the systems and procedures which exist for the monitoring of institutions and other forms of alternative care as well as the system for the periodic review of placement for children in situations of alternative care? (Para. 76 and 77 of the report).

37. Are the views of the child taken into account in matters relating to the right of visit in the case of the separation or divorce of parents? (Paras. 21 and 50 of the report).

38. Has any progress been achieved in setting up a system of professional assessment and follow-up of adoptive parents in local adoptions? (Para. 57 of the report).

39. Pleases provide further information on how the principles and provisions of the Convention on the Rights of the Child are protected in situations of "Adoption simple".

40. Is the Government considering becoming a party to the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption?

41. In view of the various measures undertaken to prevent and combat child abuse and neglect, has an assessment been undertaken as to the effectiveness of the rehabilitation programmes both for the child victims of abuse and the perpetrators of such violations. (Paras. 10-15, 20, 22, 40, 43, 74 to 77 and 147-149 of the report).


Basic health and welfare
(Arts. 6 para. 2, 23, 24, 26, 18 para. 3 and 27 paras. 1-3 of the Convention)

42. Please provide further information on the steps planned for preventing disability, including through addressing possible vitamin A, iron and iodine deficiencies, as well as in improving the detection of disabilities. (Para. 88 of the report).

43. Has the survey on the disabled child referred to in para. 89 of the report been undertaken? If so, please provide details of the salient points and any recommendations contained therein.

44. What facilities exist in the field of the mental and psychological health of children? (Para. 92 of the report).

45. What have been the results of the pilot project to establish a community based rehabilitation programme for disabled children? (Para. 95 of the report).

46. What measures are being taken to improve disabled children's access to education, training, leisure activities and preparation for employment? (Paras. 91 and 94 (v) of the report).

47. Please describe the specific measures taken to remedy problems faced in the area of basic services such as water and sanitation. (Para. 79 of the report).

48. With reference to para. 79 of the report please provide information on the effectiveness of the measures taken to promote proper nutrition and breast feeding as well as to provide health education. (See also paras. 81-85 of the report).

49. How does the Government ensure that there is an equitable distribution of medicines, medical equipment and professional personnel to all health units in rural and poorer urban areas? (Paras. 78-9 of the report).

50. With reference to para. 80 of the report, please indicate the measures taken to address the lacunae mentioned, in particular with regard to the establishment of a healthcard system.

51. Are teenage and unwanted pregnancies problems in Mauritius? If so, please provide information on the steps taken by the authorities to tackle these issues.

52. Please describe the measures taken to promote health information and education on AIDS among the general population and special groups with high-risk behaviour.

53. Please indicate to what extent the provisions of the Convention relating to the right to an adequate standard of living are being applied and provide specific information on the main measures adopted for this purpose.


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

54. What progress has been realised, since the submission of the report, in undertaking the activities outlined in paras. 98 and 99 of the report? Please indicate to what extent, if any, the problems related to attendance and quality of pre-primary school education are linked to those encountered with regard to the use of day care centres. (Paras. 47 and 48 of the report.)

55. What is the real cost of having a child in different levels of schooling, including with respect to private tuition? (Paras. 104 and 106 of the report).

56. Please provide further information on the measures taken to ensure that the language of instruction is not an obstacle to access to the various levels of education.

57. With respect to the information contained in paras. 153 and 156 of the report, please provide further information on the plans to improve the relevance and quality of education and of any other incentives to improve school enrolment and reduce school drop out as well as a means of contributing to a reduction in child labour.

58. Please provide further information on the progress achieved in addressing the weaknesses identified in the educational system (see paras. 103, 104, 108, 110, 111 and 112) and in implementing the activities outlined in paras. 98, 99, 109, 111 and 112. In this connection, please provide further details in particular of the measures taken or planned to review school curricula and teaching methods. Have the views of students been sought in the process of instituting changes to the education system?

59. To what extent are children involved in the development of school teaching plans? Do children take part in the running of the school?

60. Is corporal punishment permitted in schools?

61. In view of the establishment of a United Nations Decade for Human Rights Education, is the Government considering using this opportunity to incorporate education about human rights and the rights of the child in school curricula?

62. In view of the information contained in para. 104 of the report, in particular, please provide further information on the concrete steps being taken to ensure the child's right to rest, play and leisure and to engage in recreational activities.


Special protection measures
(Arts. 22, 30 and 32-40 of the Convention)

Refugee questions to be added

63. Has the Government undertaken a review of the Juvenile Offenders Act of 1935 and its compatibility with the principles and provisions of the Convention? (Mentioned in, inter alia, paras. 19 (iv) and 128 of the report).

64. In para 21 of the report it is stated that: "In cases where children are involved in court, provision has been made in the Mauritian legislation to give the child legal assistance in the form of a lawyer to defend his interests in court, if the court so decides". With reference to this statement please provide clarification as to the criteria used by the court to decide whether or not a lawyer should defend the child. Moreover, in regard to para. 133 of the report in which it is stated that "where a child does not admit an offence, the child is not given legal assistance", please provide information on the compatibility of these statements with the provisions of Article 37 (d) of the Convention.

65. Concerning the information contained in paras. 130 to 136 of the report, please provide clarification as to the special training provided to magistrates and other judges dealing with cases involving children.

66. Please provide clarification as to the measures taken to ensure the right of the child alleged as, accused of or recognized as having infringed the penal law to be treated in a manner consistent with the child's sense of dignity and worth which reinforces the child's respect for human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.

67. With reference to information contained in paras. 131, 138, and 143, please provide further information on the use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest period of time.

68. Please provide further information on the treatment of children who have been alleged as, accused of or recognized as having infringed the law, in particular on the following points:

- What are the measures taken to ensure contact between the child and the family?

- How are the conditions of detention in establishments for the custody of young law offenders supervised?

- Are complaints procedures available in cases of ill-treatment?

- What educational possibilities and what health services are provided in such establishments?

- What is the level of training provided to the personnel in these establishments? and

- In the light of article 25 of the Convention, is it possible to have a periodic review of the placement decision?

69. With reference to paras. 145 and 150 of the report what plans have been developed and put into operation to ensure that greater emphasis will be placed in the future on the prevention of juvenile delinquency?

70. In addition, what measures are being taken for the physical and psychological recovery and social reintegration of children in accordance with article 39 of the Convention including through "raising the standards of professionalism of those caring for juvenile delinquents"? (Paras. 145, 146 and 150 of the report).

71. What further measures does the Government consider would be necessary to address the problem of child labour, including through the involvement of children in the agricultural sector, in domestic service and in shops as well as to encourage children to stay at school and ensure that education is in reality a viable alternative to employment? In this regard, has the government undertaken awareness-raising campaigns for families and the public in general to prevent and combat the use of children in the informal labour sector? (Paras. 155-157 of the report).

72. Please indicate the measures being taken to prevent the high consumption of alcohol and tobacco by children.

73. Please provide further information on the practical measures being taken to prevent the sexual exploitation of children.

74. Does the Government intend to undertake, or has there been undertaken, any study or research on the issue of the sexual exploitation of children?


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Office of the United Nations High Commissioner for Human Rights
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