List of issues : Mongolia. 27/11/95.
CRC/C.11/WP.2. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Eleventh session
Pre-sessional Working Group
20-24 November 1995


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
Mongolia
(CRC/C/3/Add.32)

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

With respect to the statements contained in paras. 57 (b) and 58 (b) of the report, please indicate any steps planned or taken to create mechanisms at the local and national levels for monitoring the implementation of the Convention on the Rights of the Child. Is there a need for technical assistance in this regard?

What measures have been taken since the submission of the report to develop appropriate indicators and improve 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.

In view of the information contained in paras. 8, 10, 12-14, 183 and 230 of the report, please provide further information on the progress being achieved with respect to the measures being taken to ensure specific social protection measures and "safety nets" for children during the period of transition, price liberalization as well as during the process of "structural adjustment". In this regard, please indicate whether any evaluation has been undertaken as to the effectiveness of the Programme on Poverty Alleviation.

Please describe in greater detail the policies 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" and the guarantees which exist to ensure that local authorities are also guided by this principle in their policy decision making. In this connection, please indicate the additional measures being taken to ensure that regional disparities do not develop in relation to the provision of social services and that children throughout the country are protected against the adverse effects of any reductions in budgetary allocations, particularly to the social sector. (Para. 15, 31, 34-35, 68, 70, 75-77, 122, 183-186, 232 and 236 of the report).

With reference to paras. 21, 54-61, 104 and 107 of the report, please provide information on the progress being achieved in publicizing the provisions and principles of the Convention among adults and children alike, including through the use of the mass media.

Please provide further details of any measures taken to incorporate education about the Convention in training programmes for professionals such as social workers, judges, police officers and detention facilities' officials.

What is the level of governmental financial assistance to the National Centre for Children?


Definition of the child
(Article 1 of the Convention)

Please provide clarification as to whether minimum legal ages for medical counselling without parental consent, and for sexual consent exist.


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

Please provide further information on the steps taken to prevent discriminatory attitudes or prejudices and to ensure an effective protection against discrimination, particularly towards disabled children and children in rural areas and nomad children.

With reference to para. 69 of the report, is the Government considering the possibility of incorporating the general principle of the "best interests of the child", as provided for in article 3 of the Convention, in national legislation? How is the best interests of the child interpreted by the courts and in reference to which issues?

Please provide further information on the ways in which respect for the right of a child to express his/her views and have those views taken into account is enjoyed in practice particularly in judicial proceedings and in the education system. (Para. 81 of the report.)


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

In view of the information contained in para. 87 of the report, please indicate the progress achieved in addressing the difficulties encountered in ensuring birth registration. In particular, what further measures have been taken in particular to develop awareness of the importance of birth registration.

What steps have been taken for the prevention of ill-treatment of children deprived of their liberty or whose liberty is restricted? Have personnel in institutions for the detention of children been sensitized to or educated on the issue of the ill-treatment of children and is this issue covered in Codes of Conduct for Law Enforcement Personnel and in their training? (Paras. 58 (a) and 212 of the report). In addition, with reference to para. 216 of the report, what mechanisms are envisaged to inform children of their rights?


Family environment and alternative care
(Arts. 5, 18 paras. 1 and 2, 9-10, 27 para. 4, 20-21, 11, 19 and 39, and 25 of the Convention)

Please provide information on any recent measures being undertaken to address the problem of the abandonment of children, including clarification as to the measures proposed in para. 119 of the report. (See also paras. 65-68, 110, 113, 129-134, 140, 160 (c), 212 and 213 of the report).

With reference to the information contained in paras. 107 and 146 of the report, please provide clarification as to the procedures which exist for children to lodge complaints of their abuse and neglect.

In view of the information contained in para. 108 of the report, what steps have been taken, inter alia, to conduct a special survey of the situation of children in their own families? In addition, has any research previously been undertaken into the problem of ill-treatment and sexual abuse, including rape of children and into the social factors which influence such violations? What measures does the Government consider are necessary for the prevention of such problems in the future?

Is the Government considering the possibility of becoming a State party to the 1993 Hague Convention on protection of children and cooperation in respect of inter-country adoptions? (See para. 139 of the report).


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

With reference to para. 146 of the report, what support is given to the parents of disabled children before the age of 16? Has any study been recently undertaken on the major causes of disability as a basis for designing programmes for its prevention? If so, please provide details of its major recommendations. In addition, please provide information on the steps taken to increase public awareness and understanding of child disability and its prevention. (Paras. 152-155 and 161 of the report).

Please provide more information as to how the Government is ensuring an equitable distribution of appropriate medicines, medical equipment and health personnel to all health units in rural and poorer urban areas.

In relation to the information contained in paras. 27, 30, 61, 170-175, please provide further information on any measures planned or in the process of development to address the nutritional issues affecting children.

Please provide further details about the assistance provided through the activities of the Special Assistance Fund mentioned in para. 123 of the report and the Child Care Fund mentioned in para. 26 of the report. How effective are these Funds in meeting the objectives set?

Please provide further details of the proposed formulation of a new social care system and legislation to facilitate conditions for families to bring up and educate their children, as stated in para. 127 of the report. To what extent, if any, is technical assistance being provided as regards the formulation of these measures?

With respect to the implementation of art.27 of the Convention, please indicate the measures, if any, taken or considered to support the development of income-generating activities, especially targeted to the poorest families, as a means of improving their standard of living as well as the effectiveness of such measures.


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

Please provide further information on the measures being taken to improve the quality and appropriateness of education, teaching and vocational training as well as to ensure the adequacy of educational facilities.

With reference to paras. 150-151, 154 and 190 of the report, please provide clarification as to the Government's policy on the integration of disabled children into regular kindergartens and primary schools.

In view of the recent adoption by the General Assembly of resolution 49/184 proclaiming the United Nations Decade of Human Rights Education, how is the Government using this opportunity to adapt school curricula to include education about the Convention on the Rights of the Child? Would assistance be required in the development of teaching manuals and educational materials on human rights and for the training of teachers in this subject?


Special Protection Measures
(Arts. 22, 30, 32-40 of the Convention)

Does the Government intend to become a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol as well as to establish status determination procedures for refugees? Is there domestic legislation providing for the citizenship of abandoned children and what is the procedure?

How are conditions in establishments where children are detained monitored and supervised? Are complaints procedures available in case of ill-treatment? Are these complaints procedures considered to be effective? Have the staff in such establishments been familiarized with the provisions of the Convention and other international legal instruments adopted by the United Nations concerning the treatment of young offenders? Has any evaluation been undertaken as to the extent to which personnel in such establishments have followed the international standards set in this field? (Paras. 213, 217 and 218 of the report.)

Please provide further information, in the light of articles 37, 40 and 39 of the Convention, in particular on:

a) the use of arrest, detention or imprisonment of a child as a measure of last resort and for the shortest period of time;

b) the possibility to have a prompt access to legal and other appropriate assistance, as well as for challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and of having a prompt decision thereon;

c) special education for judges for cases involving children;

d) 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 a child's reintegration and the child's assuming a constructive role in society;

e) the possible recruitment of more social workers to assist in the rehabilitation process;

f) alternative measures to institutional care made available to deal with such children in a manner appropriate to their well-being; and

g) the establishment of laws and procedures specifically applicable to children alleged as, accused of or recognized as having infringed the penal law, in the light of article 40, para. 3 of the Convention. (See paras. 62-63, 81-83, 105-106 and 211-218 of the report).

Please indicate the measures taken or envisaged for preventing and combating the use of children in the informal labour sector. What measures are taken to ensure that children's involvement in private family activities does not conflict with or infringe upon the child's right to education?

Please provide information on the progress achieved in implementing the specific measures for preventing and combating the sexual exploitation and sexual abuse of children, including prostitution, as outlined in para 226 of the report. In addition, what progress, if any, has been made in the establishment of centres or activities to assist in the recovery of victims of sexual abuse?


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