List of issues : Rwanda. 23/12/92.
CRC/C.3/WP.4. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Third session
Pre-session Plenary Working Group
14-18 December 1992


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up during the consideration
of the initial report of Rwanda (CRC/C/8/Add.1)



General implementation measures

As this aspect is not dealt with in the report,

1. Please indicate the measures adopted to bring legislation and practice into line with the Convention, in particular:

(a) What is the status of the Convention vis-à-vis Rwandese constitutional or other law?

(b) Has it been necessary to amend legislation for the implementation of the Convention and, if so, in what areas?

(c) Can the Convention be invoked before the courts?

2. Please indicate existing or planned national or local machinery for coordinating action on behalf of the child and monitoring the implementation of the Convention;

3. Please indicate the measures adopted to publicize the Convention, its principles and provisions among the adult population, including professional groups, and among children, and the means used to do so;

4. How do you intend to ensure the wide circulation of reports on the implementation of the Convention?


Definition of the child

1. What is meant by "child", in the meaning of article 1 of the Convention, under Rwandese legislation?

2. According to paragraph 4 of the report, a conceived child enjoys certain rights on condition that it is born alive. However, a merely conceived child is considered to have been born in all cases where its interest so requires.

What are those conditions?

Are there any court decisions which shed light on wat that interest is?

3. Please provide information on the minimum legal age for access to employment, criminal responsibility, the imposition of sentences of death and life imprisonment, enlistment in the armed forces and consent to marriage.

4. Please indicate whether in these respects boys are treated differently from girls and, if so, for what reasons.


General principles

As this aspect is not dealt with in the report (except with regard to article 6 (right to life, survival and development)),

1. Please provide information on the main measures taken and the factors and difficulties which the Government has encountered, or the progress achieved concerning:

The principle of non-discrimination;

The best interests of the child;

Respect for the opinions of the child,

either in legislation or in practice, including judicial decisions.

2. With regard to the right to life, please indicate:

Whether the death penalty has been imposed on minors of less than 18 years of age, in how many cases and for what reasons;

What is the child mortality rate and what measures have been taken to reduce it;

What are the circumstances in which the situation referred to in paragraph 4 (c) of the report arises, i.e. the obligation of children to feed their parents and ascendants if they are in need; please provide clarification on the age of the children in question, on the penalties applicable if the child is unable to provide food, and on any relevant court decisions.


Civil rights and freedoms

As this aspect is dealt with very briefly,

1. Please provide further information, particularly regarding the right to a name, nationality and identity (para. 16 of the report);

2. Please indicate the legal provisions, and administrative and other measures concerning the exercise of those rights;

3. Please provide information on:

Preservation of identity,

Freedom of expression,

Access to information,

Freedom of thought, conscience and religion,

Freedom of association and peaceful assembly,

Protection of privacy (art. 37 (a)).

4. With regard to the right not to be subjected to torture or cruel, inhuman or degrading treatment, please clarify the information provided in paragraphs 20 and 25 of the report to the effect that this principle is embodied in the Penal Code and "these are preventive criminal measures", and indicate in particular:

Whether the Penal Code prohibits torture,

Whether there have been cases of children being tortured,

In cases of torture, what the available remedies are,

Whether campaigns against torture are conducted,

Whether those responsible for acts of torture are punished.


Family environment and alternative care

1. Please provide full information on this aspect (paras. 8, 9 and 21 of the report), and in particular on the following points:

The concept of the family in Rwanda, including the concept of the extended family, if applicable;

The legal status of children born out of wedlock and of adopted children;

The custody of children in the event of separation;

Adoption procedures and any cases of international adoption;

Children in difficult situations (for example, street children, orphans).


Health and welfare

With regard to the implementation of the decisions referred to in paragraph 6 of the report concerning vaccination programmes and rehydration campaigns:

1. Please indicate:

The number of children who have benefited from them and the percentage of the national child population which they represent;

Whether the programmes have been implemented in the same way throughout the country;

Whether other primary health care campaigns have been organized.

2. Please provide information on:

The measures taken to ensure that no child is deprived of the right of access to health care services;

The existing network for health care in general and primary health care in particular;

The measures taken to provide information on child health and nutrition;

The family planning measures taken and the beneficiaries of such measures;

The measures taken for prenatal and postnatal care for mothers;

The context of the most frequent illnesses.

3. Please provide information on the situation of disabled children, including:

Government assistance;

Access to education, training, health care services, preparation for employment and recreation opportunities;

The role played by international cooperation.

4. Please provide information on the social security system and how it works.

5. 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

1. Please indicate:

How the different levels of instruction are structured;

The percentage of children at each level and the percentage of girl students;

What special provisions are established by the Act organizing Primary, Comprehensive Rural and Vocational and Secondary Education (para. 11 of the report) with regard to the question of free education;

What measures are being taken to introduce free secondary education;

What measures are being taken to ensure regular school attendance and reduce school drop-out rates, particularly for girl students;

The rate of access to higher education;

The literacy rate among young people under age 18;

The minimum age for enrolment in primary school;

The impact and content of the comprehensive rural and vocational education programme.

With regard to the provisions of article 29 of the Convention (para. 13),

2. Please indicate:

At what levels of education human rights in general and the Convention in particular are studied;

What measures have been taken to help ensure the preparation of the child for a responsible life in society, in a spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples and ethnic, national and religious groups.

With regard to cultural and recreational activities (para. 15 of the report),

3. Please indicate:

What criteria are followed by the administrative authorities to ensure that shows and performances are suitable for children;

Whether there is an act on youth associations and movements and what the established criteria are;

How many associations exist in Rwanda.


Special measures of protection

1. Please provide additional information on such measures and, in particular, on children in emergency situations, including:

The number and situation of refugee children (art. 22);

The age of recruitment into the armed forces (art. 38);

The number of children taking part in armed conflicts (art. 38);

The number of child victims of armed conflicts (art. 38);

The measures taken for their physical and psychological recovery and social reintegration (art. 39).

2. Please provide detailed information on the situation of children in conflict with the law and, in particular, on the following questions (arts. 37, 39 and 40):

The prohibition of capital punishment and life imprisonment without possibility of release;

The prohibition of unlawful or arbitrary deprivation of liberty;

Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

The number of children deprived of their liberty and the reasons why;

The treatment of children deprived of their liberty with humanity and due respect for the dignity of the human person;

Contacts with the families of children deprived of their liberty;

The possibility of prompt access to legal and other assistance and of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority;

The measures taken to implement article 40 of the Convention;

Measures for the physical and psychological recovery and social reintegration of children in conflict with the law (art. 39).

3. Please provide information on the exploitation of children (paras. 19 to 27), including:

Economic exploitation, including child labour;

The use of drugs;

Sexual exploitation and sexual abuse;

Other forms of exploitation;

Sale, trafficking and abduction of children.

4. Please provide information on children belonging to minorities or indigenous groups and the measures taken to guarantee the exercise of their rights.


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