COMMITTEE ON THE RIGHTS OF THE CHILD
Twenty-fifth Session
Pre-sessional Working Group
5-9 June 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 the United Kingdom of Great Britain and Northern Ireland - Isle of Man
(CRC/C/11/Add.19 and CRC/C/11/Add.19/Corr.1)
GENERAL MEASURES OF IMPLEMENTATION
(arts. 4, 42, and 44, para. 6 of the Convention)
1. Please indicate whether the United Kingdom's partial withdrawal of its reservations concerning articles 37 (d) and 32 of the Convention on the Rights of the Child will be fully extended to the Isle of Man. In light of the recommendations adopted in the Vienna Declaration and Plan of Action of the World Conference on Human Rights (1993), please indicate whether the United Kingdom has considered a further review of its reservations to the Convention with the view to the full withdrawal of the remaining reservations.
2. Please provide an update on the enactment of the Children and Young Persons Bill and indicate whether this Bill conforms fully with the principles and provisions of the Convention. Please also provide a copy of the Bill.
3. Please indicate whether there is an intention to establish an effective mechanism to coordinate the implementation of the Convention. Please also indicate whether the elaboration and implementation of a National Plan of Action for children are envisaged in the Isle of Man. Additionally, please indicate the extent to which non-governmental organizations (NGOs) are involved in the design and/or implementation of policies and programmes for children.
4. Please indicate whether the Police Complaints Commission, established under the Police Act (1993), is mandated to handle complaints of violations from children and/or their representatives and if so, please provide examples of its use in this regard.
5. In light of article 4 of the Convention, please provide information on the measures taken to implement economic, social and cultural rights to "the maximum extent of [...] available resources and, where needed, within the framework of international cooperation" for the rights of children. Additionally, please specify the percentage of the Isle of Man's budget allocated to children's programmes.
6. Please provide information on the measures taken and/or envisaged to ensure that the principles and provisions of the Convention on the Rights of the Child are disseminated at all levels of society. Additionally, please indicate whether training on children's rights has been provided for professionals working with and for children.
DEFINITION OF THE CHILD
(art. 1 of the Convention)
7. Please indicate whether there is an intention to raise the legal minimum age of criminal responsibility (currently set at 10 years).
GENERAL PRINCIPLES
(arts. 2, 3, 6 and 12 of the Convention)
8. Please indicate how the Isle of Man's legislation protects children against discrimination on the basis of all grounds spelled out in article 2 of the Convention.
9. With reference to information provided in paragraph 11 (i) of the report, please provide information on the measures taken to address the disparities between the minimum legal ages for heterosexual and homosexual relationships. Additionally, please indicate how children are protected, in practice, against discrimination based on sexual orientation.
10. Please provide updated information on the ways the principle of "respect for the views of the child" (art. 12) is reflected in legislation or actions undertaken by social welfare institutions, courts of law and administrative authorities. Please also provide some examples of implementation of this principle by courts and/or administrative bodies at both central and local levels.
CIVIL RIGHTS AND FREEDOMS
(arts. 7, 8, 13-17 and 37 (a) of the Convention)
11. Please provide information on the de facto enjoyment of civil and political rights by persons under the age of 18 years.
12. With reference to information provided in paragraph 45 of the report concerning the use of corporal punishment in families and schools, please provide information on the measures taken to prevent abuses in this regard. Additionally, please indicate whether there is an intention to prohibit by law all forms of corporal punishment, including within the family.
FAMILY ENVIRONMENT AND ALTERNATIVE CARE
(arts. 5, 18 (1) and (2), 9, 10, 11, 19, 20, 21, 25, 27 (4), and 39)
13. With respect to information provided in paragraph 3 of the corrigendum, please provide additional information on those children in alternative care who are considered "old enough to live on their own", including their ages and the type of support and assistance provided to them by the authorities. Additionally, please outline the process of recruitment and evaluation of foster parents and indicate whether placements are periodically reviewed and the frequency with which it occurs.
14. Please provide additional information, including statistical data, on the situation of abused, neglected and abandoned children. With reference to information provided in paragraph 64 of the report, please provide additional information on the strategies used to prevent child abuse, neglect and abandonment as well as the mechanisms established to adequately assist both the victims and perpetrators of child abuse.
BASIC HEALTH AND WELFARE
(arts. 6, para. 2, 23, 24, 26, and 18, para. 3, and 27, paras. 1-3)
15. With reference to information provided in paragraph 72 of the report, please provide information on the results of the legal and organizational review of the national health services which was to have been completed in 1997. Please also provide more specific information on the legal and administrative arrangements for children with mental health concerns. Further, please provide additional information and statistical data on adolescent health, including sexually transmitted diseases (STDs), HIV/AIDS, teenage pregnancy, drug and alcohol abuse, violence, suicide and mental health concerns. Additionally, please identify the policies and programmes implemented and/or foreseen to prevent these problems and to provide treatment and care for adolescents faced with these concerns.
EDUCATION, LEISURE AND CULTURAL ACTIVITIES
(arts. 28, 29 and 31 of the Convention)
16. With respect to information provided in paragraph 86 of the report, please provide additional information on the status of the "forthcoming legislation" on day-care facilities and their effective monitoring. In light of the fact that day care is private, please describe the type of assistance provided by the State to families who are not able to pay for their children to attend day care.
17. In light of information provided in paragraph 88 of the report, please provide an update on the Department of Education's consideration to include National Council for Vocational Qualifications (NCVQs) courses into schools as part of the curriculum for students between the ages of 14 and 16 years.
18. Please also indicate whether human rights, including the rights of the child, have been incorporated into the school curricula, and training made available for school managers, administrators and teachers on the principles and provisions of the Convention on the Rights of the Child. In this context, please also indicate whether a complaints procedure has been established within the school system for students whose rights have been violated. Additionally, please indicate whether there is a concern with respect to violence in school. Please outline the measures taken to promote and preserve the Celtic language and to include it in the school curriculum.
SPECIAL PROTECTION MEASURES
(arts. 22, 30 and 32-40 of the Convention)
19. Please identify the most common offences for which juveniles are brought before the courts and outline the programmes undertaken to discourage the involvement of children in such activities. Further, please highlight the most common forms of punishment applied to juvenile offenders. Please provide additional information on the programmes provided to ensure the physical and psychological recovery and social reintegration of children in conflict with the law, especially those who have been given custodial sentences.
20. With reference to information provided in paragraphs 11 (b) and 109-110 of the report regarding the administration of justice, please indicate whether there is an intention to guarantee special protection for all children up to the age of 18 years.
21. In light of information provided in paragraph 45 of the report and the apparent discontinuation (since 1976) of the use of the sentence of corporal punishment by the higher criminal court, please outline the measures taken and/or envisaged to revoke the law that provides for this type of punishment within the juvenile justice system.
22. Please provide further information on the treatment of children deprived of their liberty, in particular the measures taken to:
(a) ensure regular contact between the child and his/her family;
(b) ensure the effective monitoring of the facilities;
(c) introduce an effective complaint procedure which is independent from the authorities of detention and correction institutions, to deal with issues such as ill-treatment and violations of the children's rights;
(d) ensure that children in detention continue to receive education, health and other social services.
23. Please provide additional information and statistical data on child labour, including the type of work in which children are usually engaged and the age at which they generally commence.
24. Please indicate whether there is a concern with respect to the sale and abuse of drugs among children. Additionally, please provide information on any concrete measures taken to ensure the physical and psychological recovery of child victims of drug abuse. Further, please also provide information on the prevalence of alcohol and tobacco use by children.
25. Please provide additional information on the practical measures taken and/or foreseen to prevent and combat sexual exploitation of children, including child prostitution and pornography. Please also provide statistical information on the incidence of sexual exploitation of children in the Isle of Man. Further, please indicate whether the State party envisages adopting a comprehensive plan of action taking into account the recommendations of the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.