List of issues : New Zealand. 16/10/96.
CRC/C/Q/Nzl.1. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fourteenth session
Pre-sessional Working Group
14-18 October 1996

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 New Zealand
CRC/C/28/Add.3

General Measures of Implementation
(Arts. 4, 42 and 44 para. 6 of the Convention)

1. In light of the final document of the World Conference on Human Rights, please indicate whether the Government is considering the intention of withdrawing the reservations made to the Convention on the Rights of the Child (see paras. 336, 360 and 368 of the State party report).

2. In light of the information provided in paras. 4, 5, 8, 9, 10, 11 and 34 of the State party report, please describe the steps taken to ascertain that the structures and mechanisms in place function in an effective manner and are well coordinated.

3. Have any gaps or limitations been identified in the collection of statistical data on the status of children or the development of mechanisms for the determination of appropriate indicators as bases for designing programmes to implement the Convention. Please indicate whether research has been or is being undertaken or planned in this area.

4. Please provide further information with regard to the extent to which the present institutional arrangements relate to the non-governmental organizations in the country, including in the consideration and implementation of policies for children.

5. In light of the information provided in para. 9 of the State party report with regard to the Commissioner for Children, please provide further details including on the functioning and structure of this institution, the number of complaints received and follow-up provided, and how much funding is made available by the Government. In addition, please indicate if any consideration has been given to the possibility of establishing other institutions such as an independent ombudsperson for children.

6. With regard to the reforms undertaken by the Government, in particular in the health and education sectors, please indicate what consideration has been given to the needs of children and how the impact of Government policies on children has been stressed, including in the light of the principles of non-discrimination and best interests (see paras. 196 and 275 of the report).

7. Please indicate whether there is a National Plan of Action on Children's Rights, including in the framework of the World Summit for Children.

8. Please provide further information about 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. Please indicate what proportion of the national budget is devoted to social expenditures (including health and education) for children, and whether priority attention is given to those belonging to the most disadvantaged groups.

9. Please indicate what further measures have been considered for creating more widespread awareness among adults and children about the principles and provisions of the Convention (see paras. 12-15 of the report).


Definition of the Child
(Article 1 of the Convention)

10. Please indicate at what age children may seek redress in the courts if their rights have been infringed.


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

11. Please provide further information on the specific measures taken to combat discrimination against children belonging to the Maori and Pacific Islanders minorities and disabled children, including measures to promote their status and situation and eliminate and prevent discriminatory attitudes and prejudices (see para. 40 of the report).

12. In the light of article 3 of the Convention, please indicate the reasons why the amendment made in 1994 to the Children, Young Persons and their Families Act with regard to the reinforcement of the principle of the "best interest of the child" as the primary consideration does not apply to youth justice work. (see para. 43 of the report).

13. Please provide further information on the mechanisms in place by which measures to evaluate the views of children and young people have been taken into consideration in the policy advice given to the Government by the Ministry of Youth Affairs and the work of the Commissioner for Children, as well as in the elaboration of the initial report (see para. 67 of the report).

14. With regard to the provisions covered by article 12 of the Convention on the Rights of the Child, please indicate:

-what measures are being taken in the education system to implement the right of the child to participate in decision-making, particularly with regard to school policy, administration and curricula development, and any other education matters affecting them, including expulsion from school? (see paras. 66, 300 and 304 of the report);

-are the views of the child concerning the service they receive from The Children Young Person's and their Families Service being ascertained?;

-what strategies have been used by The Children Young Person's and their Families Service to encourage children and young persons to participate in family group conferences? Is the effectiveness of any such strategy being researched?; and

-does the Government intend to introduce a procedure for complaints by children placed in residences, institutions, foster-care or other types of care programmes? (see para. 62 of the State party report).

15. Have the views of children of the indigenous communities been sought in any evaluation of the implementation of the Convention in New Zealand, including the application of the general principles of the Convention?


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

16. With regard to the information provided in para. 74 and 75 of the State party report, please indicate:

-in what circumstances, by what procedure and with what guarantees does the child proceed to consent to a change of his/her first name or surname and what weight is given to a refusal to consent;

-whether the child may take the initiative as regards changing his or her name.

17. In the light of art. 17 of the Convention please provide further information on the concrete measures taken or envisaged to protect children from violence, pornography and other negative and harmful influences in the mass media and to what extent these measures are effectively implemented. (see para. 83 and 84 of the report).

18. Please provide further information on the channels available, including membership of associations, through which children may make their views known and have them taken into account. Please indicate the minimum age for the establishment of associations.

19. With regard to the information provided in para. 98 of the report, please provide the data, if available, on the occurrence of degrading treatment in schools and indicate if specific programmes have been developed to prevent such practices.


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

20. Please indicate the extent to which rights and responsibilities of parents are consistent with the evolving capacities of the child in the light of the Convention, particularly its articles 5 and 12 (see para. 104 of the report).

21. Please provide further information on family education programmes developed by the Government and by non-governmental organisations. In particular, how much funding is given to assist the media in providing public information campaigns to educate parents and care givers about providing children with appropriate direction and guidance consistent with the child's evolving capacities? (see para. 239 of the report).

22. Please provide further information on the range of alternative care options for children, particularly with regard to those where non-governmental organizations are involved. Please indicate the percentage of children under such care, the resources available and the mechanisms in place to monitor the situation of children placed in alternative care.

23. What progress has been made on the legislative and administrative amendments being considered in order to ratify the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption ? (see para. 164 of the report).

24. Please provide further information on the follow-up to the recommendations of the report of the steering group established to identify ways in which Government agencies could work to reduce youth suicide rates (para. 214 of the report).

25. Please provide further information on the implementation of the Hague Convention on Civil Aspects of International Child Abduction especially in relation to the actions taken by the Secretary of Justice to secure the return of abducted children (see para. 165 of the report).

26. In light of the information provided in para. 170 of the report, please indicate if research is undertaken into the problem of child abuse within the family, including into the social factors which influence such violations.

27. With regard to the information contained in para. 188 and 189 of the State party report relating to parents being legally justified to use reasonable force for the correction of a child, and in the light of article 19 of the Convention, please indicate if the Government is considering repealing this provision within section 59 of the Crimes Act as has been suggested by the Commissioner for Children.

28. Please provide information on measures taken to ensure the recovery of children who have been abused and how is it ensured that a periodic review of any decision, recommendation or plans concerning the child is implemented in practice (see paras. 190 and 191 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)

29. Please provide further information on the free delivery of disability support services and the percentage of disabled children benefitting from these services (see para. 206 of the report).

30. In view of the information contained in paras. 261-265 of the State party report indicating that, "Since the mid-1980's government support for programmes run by voluntary welfare organisations has substantially increased...", please provide details of:

-any evaluation undertaken of this programmes;

-the number of service providers accredited by the New Zealand Community Funding Agency; and

-the percentage of the Agency's funding allocated to child programmes.

31. Please indicate what further measures does the Government consider necessary to further reduce the number of accidents, suicide and sudden infant death syndrome as the most common causes of the death of children. In addition, please indicate what funding is available to implement the measures taken or to be taken (see para. 211, 212, 213 of the report).

32. What further measures does the Government consider are necessary to reduce the number of teenage pregnancies? (see para. 239 of the report).

33. With regard to the information provided in para. 216 of the State party report, please indicate what percentage of children are presently benefitting from the well child care package and how is this package being implemented in practice?

34. Please provide further information on situations in which Independent Youth Benefit is granted and indicate why the Social Security Benefits related to employment do not apply to children under the age of 18. (see paras. 259 and 260 of the report).

35. With regard to the implementation of article 27 of the Convention on the Rights of the Child, please provide further information on the measures being taken by the Government with regard to the provision of housing. Has there been an evaluation of the effectiveness of the Accommodation Supplement in meeting the needs of children of disadvantaged groups with housing needs.

36. Please indicate measures adopted in relation to the nutrition of children, including in the light of articles 24 para.2 and 27 of the Convention, and provide relevant disaggregated data in this regard.


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

37. Please provide clarification as to the expenses covered by the school fees charged by certain schools, as mentioned in para. 277 of the State party report. In addition, please indicate if there are different levels of fees applied to non-national students. What further measures, if any, are being considered to make pre-school education available for all children?

38. Please indicate the extent of the coverage of the teaching of minority languages in schools as well as that of English Language Support Programmes, including English as a Second Language Programme (see paras. 283 and 333 of the report).

39. In the light of the information of paras. 296 to 304 of the report, please provide information on:

-what further measures does the Government consider are necessary to encourage regular attendance of school and to reduce school drop-outs, including reducing the high incidence of Maori and Pacific Island children being suspended or expelled from school;

-is there any independent appeal body through which school expulsion rulings can be addressed?;

-is bullying a problem in schools? If so, what comprehensive measures including media campaigns are being undertaken to address this problem in the light of article 28 para. 2 of the Convention.

40. Has any evaluation process of the system of education, including decision making powers of schools, sought the views of the students?

41. In the light of the information provided in para. 317 of the State report please indicate if there has been a quantification of resources committed to the fulfilment of the right of the child to leisure, recreation and cultural activities. In addition, what is being done to facilitate recreation possibilities for children from poor families?


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

42. Please describe the measures taken to ensure that the situation in the child care centre, mentioned in para. 331 of the report, is child friendly and family friendly, especially as regards facilities for suitable leisure and play activities.

43. Please provide information on the measures taken to ensure the enjoyment by refugee or asylum-seeking children of the rights recognized by the Convention, including at the level of school enrolment, education in the language of origin and birth registration.

44. What special measures are being taken to support unaccompanied children among refugees and displaced persons? (see para. 332 of the report).

45. In the light of information provided in paras. 340 and 352 of the report, please clarify the minimum age below which children shall be presumed not to have the capacity to infringe the penal law.

46. Please indicate cases in which the public interest may require that criminal proceedings be instituted against a child (see para. 342 of the report).

47. Please indicate the findings of the research project on the topic of age mixing of prisoners (para. 363 of the report).

48. Please indicate what procedural guarantees are in place to ensure that decisions taken by Family Group Conferences are in conformity with the principles and provision of the Convention, including article 40 paras 2 and 3.

49. Is recidivism a problem among youth offenders, and if so, what measures is the Government taking to address it?

50. Please provide further information on specific measures being taken to ensure observance of the existing labour legislation, particularly with regard to children. Please indicate if there is any system of reporting by employers on working conditions for employed children below the age of 18, and if so, how effective this system is? Please also indicate whether the drafting of regulations under the Health and Safety in Employment Act has been completed (see paras. 369, 370 and 373 of the report).

51. With regard to the information provided in para. 377 of the State party report, please indicate if special provisions for children will be included in the legislation being amended in order to ratify the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

52. Please indicate what progress has been made in the establishment of specific services for children abusing or dependent on psychotropic substances mentioned in para. 378 of the report.

53. Please indicate what specific measures are being taken to combat the sexual abuse of children, including within the family, and what steps are being taken to ensure the availability of specialized care for the victims of sexual abuse (see paras. 382, 384 and 386 of the report). Please also provide information on the effectiveness of law enforcement in the field of the exploitation of children for sexual purposes (see paras. 388-389 of the report).


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland