III. CONCLUDING OBSERVATIONS

ICCPR

•          Guatemala, ICCPR, A/51/40 vol. I (1996) 33 at para. 236.

The situation of street children in Guatemala, who are subjected to serious violations of their human rights under the Covenant, particularly their right to life and not to be subjected to torture and ill-treatment, is deplored. The intensity of abuse against street children by persons of authority, including the public and private police, is of concern.

•          Colombia, ICCPR, A/52/40 vol. I (1997) 44 at paras. 290 and 305.

Paragraph 290

Much remains to be done to protect children from violence within the family and society at large, from forced recruitment by guerrilla and paramilitary groups and from employment below the legal minimum age, and specifically to protect street children from being killed or otherwise abused by vigilante groups and security forces.

Paragraph 305

The Government is urged to adopt effective measures to ensure the full implementation of article 24 of the Covenant, including preventive and punitive measures in respect of all acts of child murder and assault and protective, preventive and punitive measures in respect of children caught up in the activities of guerrilla and paramilitary groups. Specifically, effective measures should also be taken to eliminate employment of children, and inspection mechanisms should be established to this effect.

•          India, ICCPR, A/52/40 vol. I (1997) 67 at para. 448.

The plight of street children and the reported high level of violence against children within society is of concern. The reports of child mutilation are of particular concern. Therefore, urgent measures should be taken to address the problem of violence against children and specific mechanisms should be set up for the protection of children.

•          Lithuania, ICCPR, A/53/40 vol. I (1998) 30 at para. 168.

Additional measures should be taken to prevent, investigate and prosecute cases of violence against women, including domestic violence and abuse of children, including sexual abuse, and to promote the right of women and children to personal security. Programmes for the rehabilitation of traumatized children and adequate legal and social procedures and mechanisms to deal with complaints of both physical and mental ill-treatment need to be developed.

•          Finland, ICCPR, A/53/40 vol. I (1998) 40 at para. 257.

Recent efforts to safeguard the well-being of women and children in domestic abuse situations by the establishment of nationwide crisis centres and shelters and the treatment of men who abuse, as well as legislation to outlaw rape in marriage in 1994 and new measures to combat trafficking in women and children, are noted with satisfaction.

•          United Republic of Tanzania, ICCPR, A/53/40 vol. I (1998) 57 at para. 408.

Specific revisions should be introduced in legislation to provide civil and criminal remedies for domestic violence against the person responsible.

•          The Netherlands, ICCPR, A/56/40 vol. I (2001) 76 at para. 82(9).

The establishment of a network of advisory centres to deal with child abuse is welcomed, but concern remains at the ongoing high numbers of reported incidents (articles 7 and 24). The State party should continue to develop strategies designed to prevent child abuse, and investigate where it has occurred. It should also standardize the systems and measures employed by its advisory centres to facilitate these ends.

•          Czech Republic, ICCPR, A/56/40 vol. I (2001) 83 at para. 83(23).

The reports of sexual abuse of children, including child pornography, are of deep concern. The Committee is pleased to note that NGOs are providing assistance in dealing with the problem of child abuse and that they are also taking steps to create public awareness of the problem. It welcomes the steps taken by the State party to have special accommodation for abused children so that they can be rehabilitated (art. 24). Effective measures should be adopted for combatting sexual abuse of children including child pornography and for rehabilitating abused children, so as to ensure compliance with article 24.

ICESCR

•          Paraguay, ICESCR, E/1997/22 (1996) 22 at para. 85.

Appropriate legal measures should be undertaken in relation to crimes of violence against women and children within or outside the family.

•          Finland, ICESCR, E/1997/22 (1996) 55 at para. 318.

The Government is encouraged to continue its efforts to combat the problems of alcoholism, domestic violence, child and adolescent suicide and child abuse. It is recommended that statistical data be collected and that thorough and targeted studies be conducted on the extent, the causes and the consequences of such problems. Attention is drawn to the importance that should be given to detection measures and preventive policies. There is a need to ensure that specific and appropriate penal legislation is enacted and applied in order to combat child abuse and child pornography.

•          United Kingdom of Great Britain and Northern Ireland (Hong Kong), ICESCR, E/1997/22 (1996) 58 at para. 348.

The absence of a holistic policy for the protection of children from all forms of abuse is of concern.

See also:

•          Hong Kong Special Administrative Region (China), ICESCR, E/2002/22 (2001) 39 at para. 177.

•          Dominican Republic, ICESCR, E/1998/22 (1997) 43 at paras. 221 and 238.

Paragraph 221

With respect to article 10 of the Covenant, concern is expressed about the situation of children in the State party and, in particular, about reports received on the occurrence of child labour and child exploitation, including sexual exploitation, about the increasing number of street children, the low rate of school enrolment, the high rate of infant mortality and the high number of pregnancies among school-age females. Furthermore, concern is expressed about the reported prevalence of violence against women and children within the family.

Paragraph 238

The situation of children should be closely monitored by the authorities and all necessary means should be deployed to ensure that all children fully enjoy their rights under the Covenant, special attention being given to abandoned children, street children, exploited children, working children and teenage mothers. The necessary measures should be taken to combat violence against women and children in the family.

•          United Kingdom of Great Britain and Northern Ireland, ICESCR, E/1998/22 (1997) 56 at paras. 296 and 308.

Paragraph 296

Concern is expressed about the condition of many children in the care of the Government, directly or indirectly, in spite of extensive legislative provisions on this subject. The significant reduction in the number of children's homes with increased resort to placement in foster homes is noted. The result of this change is reported to be an increasing incidence of child abuse in foster homes.

Paragraph 308

The State party should reconsider its policy and procedures for placing large numbers of children in foster homes in light of the reported increase of abuse of children as a result of that policy, and should examine the feasibility of greater use of effectively supervising children’s homes if this would be in the best interests of the child.

•          Luxembourg, ICESCR, E/1998/22 (1997) 69 at para. 404.

The State party should adopt effective legislation to prevent and protect children and adolescents from all forms of sexual exploitation and abuse.

•          The Netherlands, ICESCR, E/1999/22 (1998) 37 at para. 183.

It is regretted that the statistical data on violence against women and child abuse have not been analysed and used to formulate measures to address these problems. The lack of information on child prostitution has prevented both the Government and the Committee from appreciating the extent of this problem and is also regretted.

•          Cyprus, ICESCR, E/1999/22 (1998) 50 at para. 287.

Serious concern is expressed at the incidence of domestic violence against women and children in Cypriot society. The continuation of this situation calls into question whether the State party has made its best efforts to comply with its obligation under articles 10 and 12 of the Covenant. The Government appears to have failed to adopt an adequate prevention policy, to enforce fully the existing legislative measures to combat violence in the family and to assist victims of such violence.

•          Germany, ICESCR, E/1999/22 (1998) 54 at paras. 320 and 333.

Paragraph 320

The continued abuse of children and their sexual exploitation is alarming. Widespread pornography is of particular concern as it seems to be linked with the exploitation of children and women.

Paragraph 333

The State party should increase its efforts to prevent child abuse, child exploitation and child pornography.

•          Iceland, ICESCR, E/2000/22 (1999) 26 at para. 80.

The fact that juvenile violence against children is on the increase is of deep concern. A possible link exists between the increase in juvenile violence in general and the increasing use of alcohol and drugs by schoolchildren and juveniles.

•          Italy, ICESCR, E/2001/22 (2000) 34 at paras. 121 and 134.

Paragraph 121

While commending the State party for the many initiatives taken to combat organized crime, concerns remain about the trafficking of women and children, sexual abuse of minors and child pornography.

Paragraph 134

It is recommended that the State party devise a comprehensive, coordinated and concerted national strategy to combat trafficking in women and children, sexual abuse of minors and child pornography by organized crime.

•          Jordan, ICESCR, E/2001/22 (2000) 49 at para. 251.

It is recommended that the State party ensure that the Family Protection Unit has adequate resources, that its capacity is strengthened and that its services are expanded to cover all regions of the country. The Committee recommends the training of law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of abuse. The State party should continue to support and cooperate with civil society initiatives, including hotlines, shelters and counselling services.

•          Belgium, ICESCR, E/2001/22 (2000) 77 at para. 487.

The State party is urged to take effective measures to combat paedophilia, child prostitution, child pornography and violence against children, and to seek international cooperation in this regard.

•          Venezuela, ICESCR, E/2002/22 (2001) 29 at para. 99.

The State party is urged to take more effective measures to combat domestic violence against women and children.

•          Honduras, ICESCR, E/2002/22 (2001) 33 at paras. 127 and 147.

Paragraph 127

Alarm is expressed about the high number of children who are forced to work to support themselves, and in particular the serious situation of street children and the existence of street gangs (maras). In this regard, the Committee is also gravely concerned about the high incidence of sexual abuse, exploitation and prostitution of children, and about the lack of a national plan to address these issues.

Paragraph 147

The State party is urged to undertake urgent measures to introduce rehabilitation programmes for street children. The State party is also urged to address the issue of sexual abuse, exploitation and prostitution of children, by adopting a national plan to combat the problem, including collecting relevant data and conducting a thorough study of the issue.

•          Hong Kong Special Administrative Region (China), ICESCR, E/2002/22 (2001) 39 at paras. 185 and 204.

Paragraph 185

Concern is expressed about the reported increase in the incidence of child abuse and suicide among youth.

Paragraph 204

Urgent measures should be adopted to address the problems leading to youth suicide and all forms of child abuse.

•          Bolivia, ICESCR, E/2002/22 (2001) 52 at para. 277.

The situation of children subjected to physical and mental abuse, as well as the extent of child malnutrition, is disturbing.

•          Syrian Arab Republic, ICESCR, E/2002/22 (2001) 67 at paras. 414 and 430.

Paragraph 414

Concern is expressed about the persistent occurrence of domestic violence against both women and children and the lack of legislation to criminalize such violence.

Paragraph 430

Legislation and other measures be should adopted to combat domestic violence and spousal rape, and such legislation and other measures should be vigorously implemented in order to provide adequate protection for victims of such practices.

•          Panama, ICESCR, E/2002/22 (2001) 73 at para. 472.

The State party is called upon to take remedial action to protect children against sexual abuse and all forms of exploitation.

•          Nepal, ICESCR, E/2002/22 (2001) 83 at para. 560.

Specific legislation should be adopted on domestic violence against women and children.

•          Japan, ICESCR, E/2002/22 (2001) 90 at paras. 587, 595 and 622.

Paragraph 587

The recent measures aimed at improving the protection of women and children against violence are welcomed. These measures include the following: the Law for Punishing Acts Related to Child Prostitution and Child Pornography and for Protecting Children (1999), the Law on Proscribing Stalking Behaviour and on Assisting Victims (2000) the Child Abuse Prevention Law (2000) and the Law for the Prevention of Spousal Violence and the Protection of Victims (2001). The amendments to the Criminal Procedure Act, to protect victims of child abuse and sexual offences during legal proceedings (2001), and the formulation of a Plan of Action against Commercial Sexual Exploitation of Children (2001), are also welcomed.

Paragraph 595

In spite of domestic legislation adopted in 2001, concern is expressed about the persistent cases of domestic violence, sexual harassment and sexual exploitation of children.

Paragraph 622

The State party should strictly apply its domestic legislation and implement effective sanctions to the persons responsible for crimes involving domestic violence, sexual harassment, and the sexual exploitation of children.

CEDAW

•          Uganda, CEDAW, A/50/38 (1995) 61 at paras. 336 and 340.

Paragraph 336

Sexual abuse against school children by their teachers and other adults is of serious concern. This has serious consequences on their lives, including, among others, a high rate of school drop-outs.

Paragraph 340

Measures should be taken to raise the awareness of teachers and citizens in order to halt sexual abuse against children.

•          Croatia, CEDAW, A/50/38 (1995) 110 at para. 585.

It is noted with concern that following the war in which Croatia was the victim, the situation of women in the occupied areas is alarming. Violations of the rights of women, violence, rape and sexual abuse were perpetrated against women and girls because of their sex.

•          Ethiopia, CEDAW, A/51/38 (1996) 19 at para. 148.

Widespread female genital mutilation as well as the incidence of violence against women and girls and the insufficiency of measures to eradicate it are matters of great concern.

•          Peru, CEDAW, A/53/38/Rev.1 part II (1998) 72 at paras. 327 and 328.

Paragraph 327

Concern is expressed at the fact that, although the State party’s report mentions Act No. 26260 on domestic violence, it does not make reference to any specific measures taken to deal with cases of violence, including incest, the incidence of which is extremely high. Moreover, the instances of sexual violence against rural and indigenous women and the high rate of sexual abuse of teenagers and girls in emergency zones is of deep concern.

Paragraph 328

The necessary practical measures should be taken to implement Act No. 26260 and to take the necessary efforts to treat the victims and to provide training to police officers, members of the army, and court, medical and paramedical personnel, psychologists and nursing staff whose job it is to treat the victims. Official records should also be kept and the necessary monitoring system should be established so as to make it possible to evaluate the magnitude of the problem and how it is evolving. The women’s police offices have been a valid initiative to deal with such situations but they appear to be insufficient.

•          Luxembourg, CEDAW, A/55/38 part I (2000) 38 at para. 411.

The Government should develop a policy and legislation to prevent and eliminate domestic violence, and sexual violence, including rape, against women and girls, and to prosecute violators. The State party should collect statistics on the incidence of domestic violence, and comprehensive information on the impact of measures against domestic violence. Further information should be gathered on the impact of the law on trafficking in humans and the sexual exploitation of children.

•          Cuba, CEDAW, A/55/38 part II (2000) 73 at para. 263.

That insufficient statistical data are available about various types of violence against women, including elderly women and against children, is noted. It is also of concern that there is insufficient information on the response of law enforcement officials, the judiciary and health care providers to such violence.

•          Uzbekistan, CEDAW, A/56/38 part I (2001) 18 at para. 177.

A law against violence should be passed, especially against domestic violence, including marital rape, as soon as possible. It should be ensured that violence against women and girls constitutes a crime punishable under criminal law and that women and girl victims of violence have immediate means of redress and protection. Training on gender issues for all public officials should be organized, in particular law enforcement officials and the judiciary, as well as for members of khokims’ offices at all levels and the local mahalas, to educate them about all forms of violence against women and girls, in accordance with general recommendation 19 on Violence against Women. Also, awareness-raising campaigns should be organized to address all forms of violence against women and girls, including domestic violence.

•          Jamaica, CEDAW, A/56/38 part I (2001) 22 at paras. 225 and 226.

Paragraph 225

The high incidence of incest and rape, and the lack of a holistic Government strategy to identify and eradicate gender-based violence are matters of concern.

Paragraph 226

The State party should raise public awareness about violence against women and strengthen its activities and programmes to focus on sexual violence, sexual crimes, incest and prostitution, especially prostitution associated with tourism.

•          Guinea, CEDAW, A/56/38 part II (2001) 55 at paras. 134 and 135.

Paragraph 134

The prevalence of violence against women and girls is of concern, including domestic violence, beating, repudiation, early and forced marriages and the abuse of widows and menopausal women.

Paragraph 135

Legislation on domestic violence should be enacted as soon as possible, and it should be ensured that violence against women and girls constitutes a criminal offence and that female victims of violence have immediate means of redress and protection. Also, gender training should be made available for all public officials, particularly law-enforcement officials, the judiciary and health workers, to educate them about all forms of violence against women and girls.

See also:

•          Kazakhstan, CEDAW, A/56/38 part I (2001) 10 at paras. 95 and 96.

•          Viet Nam, CEDAW, A/56/38 part II (2001) 68 at paras. 258 and 259.

Paragraph 258

Concerns are expressed that penalties for child sex abuse are low, that there is a prevalence of forced and child marriage, and that cruelty does not constitute grounds for divorce.

Paragraph 259

General recommendation No. 19 on violence against women should be implemented to ensure that all forms of violence against women and girls constitute crimes and that victims are provided with protection and redress. Gender training should be organized for all public officials, in particular law-enforcement personnel, the judiciary and members of local committees, on violence against women and girls. Public awareness campaigns should be launched on all forms of violence against women and girls and the impact of such violence.

•          Nicaragua, CEDAW, A/56/38 part II (2001) 72 at paras. 298 and 299.

Paragraph 298

The custom of sexual abuse of young girls by older men, particularly in rural areas, is of concern. This violates the rights of girls to reproductive health, as well as other rights under the Convention.

Paragraph 299

Awareness-raising and penal measures should be introduced to eliminate the sexual abuse of young girls.

CAT

•          Venezuela, CAT, A/54/44 (1999) 16 at para. 133.

Laws protecting women, children and adolescents are intended to improve the protection of two particularly vulnerable social sectors who frequently fall victim to discrimination, abuse or cruel, inhuman or degrading treatment.

CRC

•          Bolivia, CRC, CRC/C/16 (1993) 13 at para. 36.

Vulnerable groups of children, including girl children, indigenous children and children living in poverty, are particularly disadvantaged in their access to adequate health and educational facilities and are the primary victims of such abuses as sale and trafficking, child labour and sexual and other forms of exploitation.

•          Russian Federation, CRC, CRC/C/16 (1993) 21 at paras. 83, 87 and 89.

Paragraph 83

The increasing crime rate among children and the vulnerability of children to sexual abuse, drug abuse and alcoholism is of concern.

Paragraph 87

Alternatives to institutionalization in boarding schools, such as foster care, should be actively sought. Further training of personnel in all institutions such as social, legal or educational workers is recommended. An important part of such training should be to emphasize the promotion and protection of the child's sense of dignity and the issue of child neglect and maltreatment. Mechanisms to evaluate the ongoing training of personnel dealing with children are also required.

Paragraph 89

The occurrence of maltreatment and cruelty towards children in and outside the family is of concern. Procedures and mechanisms should be developed to deal with complaints by children of their maltreatment or of cruelty towards them.

•          Peru, CRC, CRC/C/20 (1993) 16 at para. 65.

The extent of violence within the family, the high number of abandoned and institutionalized children due to widespread family problems, and the fact that the Code on Children and Adolescents is not completely in conformity with the relevant provisions of the Convention on the Rights of the Child and relevant Conventions of the International Labour Organisation, especially with regard to minimum ages for admission to employment, are of concern.

•          Costa Rica, CRC, CRC/C/20 (1993) 25 at para. 130.

There have been alarming tendencies in recent years of increasing problems concerning vulnerable children, such as discrimination against the girl child and sexual abuse, including incest and other forms of violence, perpetrated against children. In this connection, the Committee notes that there has not always been adequate enforcement of existing legislation nor have public education activities been sufficiently focused on those problems.

•          Mexico, CRC, CRC/C/24 (1994) 12 at paras. 35 and 42.

Paragraph 35

The great number of complaints of ill-treatment of children attributed to the police and security or military personnel is troublesome and the failure to take effective steps to punish those found guilty of such violations or to make public eventual punishments is disturbing; this may lead to a feeling on the part of the population that impunity prevails and that it is therefore useless or dangerous to bring complaints before the competent authorities. Preoccupation by the existence on a large scale of child abuse and violence within the family is also expressed.

Paragraph 42

The State party should intensify its action against all violence resulting in cases of ill-treatment of children, in particular when committed by members of the police force and security services and the military. The State party should ensure that cases of crimes committed against children by members of the armed forces or the police are tried before civilian courts.

•          Romania, CRC, CRC/C/24 (1994) 21 at para. 91.

The occurrence of child abuse and neglect within the family and the disruption of family values, which in some cases lead to children being abandoned or running away, is of concern. Children in such families are vulnerable to sexual abuse, drug abuse and alcoholism. The growing number of children living and/or working in the streets is a matter of deep concern.

•          Pakistan, CRC, CRC/C/29 (1994) 10 at para. 53.

The State party should develop awareness-raising and training programmes to combat violence against children and prevent their abuse, neglect, abandonment and ill-treatment. Such programmes should be addressed, among others, to parents, teachers and law enforcement officials. Consideration should also be given to the establishment of effective complaints procedures in such cases.

•          France, CRC, CRC/C/29 (1994) 17 at para. 102.

Further awareness-raising and educational measures should be undertaken to prevent child abuse and the physical punishment of children.

•          Indonesia, CRC, CRC/C/34 (1994) 16 at para. 78.

The Committee remains seriously disturbed by the continuing pattern of violation of the right to freedom of assembly and the great number of complaints of ill-treatment of children attributed to the police, security or military personnel, in particular in situations of arrest and detention. The failure of the authorities to take effective steps to punish those found guilty of such violations and rehabilitate and compensate the victims of such acts is also disturbing.

•          Madagascar, CRC, CRC/C/34 (1994) 20 at para. 101.

The problems associated with ill-treatment, abuse and violence directed towards children in school and in the family, which are reinforced by social custom, are of concern. In this connection, child abuse has not yet been clearly addressed, adequate legal remedies for abused children do not exist and there are inadequate safeguards against reprisals against children who report abuse.

•          Philippines, CRC, CRC/C/38 (1995) 12 at paras. 62, 72 and 73.

Paragraph 62

The level of violence and the high incidence of ill-treatment and abuse of children, including cases attributed to the police or military personnel, is a cause of preoccupation. The efforts of the Government to combat child abuse and neglect are insufficient, both from the prevention and the sanction points of view. The lack of rehabilitation measures for such children is also a matter of concern. The failure to take effective steps to prosecute and punish those responsible for such violations or to make public decisions taken in this regard, including towards paedophiles, may lead to a feeling in the population that impunity prevails and that it is therefore useless to bring complaints before the competent authorities.

Paragraph 72

The State should intensify its action against all violence directed at and ill-treatment of children, in particular sexual abuse. An increased number of programmes should aim at the prevention of sexual misbehaviour towards children. The deep causes of the phenomenon should be seriously looked at. In this regard, the active participation of non-governmental organizations, as well as children and youth groups in changing and influencing attitudes should be sought.

Paragraph 73

Adequate procedures and mechanisms should be developed to deal with complaints of child ill-treatment. Cases of violations of children's rights should be duly investigated and the results of such investigations should be given publicity.

•          Colombia, CRC, CRC/C/38 (1995) 16 at para. 88.

The life-threatening situation faced by an alarming number of children, particularly those who, in order to survive, are working and/or living on the streets, is of grave concern. Many of those children are victims of "social cleansing" campaigns and subject to arbitrary arrest and torture and other inhuman or degrading treatment by authorities. They are also subject to coercion, disappearance, trafficking and murder by criminal groups.

•          Poland, CRC, CRC/C/38 (1995) 20 at para. 122.

The growing use and involvement of children in criminal activities and the vulnerability of children to sexual abuse, drug abuse, alcoholism, as well as torture and ill-treatment are matters of concern.

•          Jamaica, CRC, CRC/C/38 (1995) 25 at para. 163.

It is suggested that the State party take additional measures to combat violence and abuse of children, including sexual abuse. Comprehensive school guidance programmes to address the needs of children exposed to violent conditions and crisis services for children should be expanded. Programmes for the rehabilitation and reintegration of physically or psychologically disturbed and traumatized children need to be developed, with the cooperation of non-governmental organizations.

•          Nicaragua, CRC, CRC/C/43 (1995) 10 at paras. 44 and 49.

Paragraph 44

The fact that children are often abused in the media to the detriment of their personality and status as minors is of concern.

Paragraph 49

The problems of abuse and violence, which persist in the family and society in general, are of deep concern. In view of this reality, the adequacy of measures to prevent such abuse and violence, to respond to children's reports of their abuse, to safeguard children who report abuse and to prevent the impunity of those who have committed abuse against children, remains a matter of considerable concern.

•          Sri Lanka, CRC, CRC/C/43 (1995) 26 at para. 157.

The substantial number of children working as domestic servants, who are often also subjected to sexual abuse, is of grave concern. The increasing number of children exploited sexually, especially young boys forced into prostitution, both locally and in international sex tourism is of concern.

•          Ukraine, CRC, CRC/C/46 (1995) 11 at paras. 60 and 75.

Paragraph 60

Appropriate measures have not yet been taken to effectively prevent and combat ill-treatment of children in schools or in institutions where children may be placed. The large scale existence of child abuse and violence within the family and the insufficient protection afforded by the existing legislation and services in that regard is of concern. The problem of sexual exploitation of children also requires special attention.

Paragraph 75

The clear prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment in the family, should be reflected in the national legislation. Procedures and mechanisms should be developed to monitor complaints of maltreatment and cruelty within or outside the family. Special programmes should be set up to promote physical and psychological recovery and social reintegration of child victims of any form of neglect, abuse, exploitation, torture or ill-treatment in an environment which fosters the health, self-respect and dignity of the child.

•          Yemen, CRC, CRC/C/50 (1996) 9 at para. 34.

Insufficient measures and programmes have been undertaken for the protection of the rights of the most vulnerable children, in particular girls, children living in rural areas, child victims of abuse, children affected by armed conflicts, disabled children, "akhdam" children and children who are forced to live and/or work in the streets, including child beggars.

•          Yugoslavia (Serbia and Montenegro), CRC, CRC/C/50 (1996) 17 at paras. 88, 95, 114 and 118.

Paragraph 88

The abuse of children and teachers by the police, as well as at the prevailing opinion of the victims of such abuse that the police are able to act with impunity, is a concern.

Paragraph 95

There appears to be an increase in violent and aggressive behaviour among children and adolescents in the State party. In this context, the problem of the abuse of children is a concern.

Paragraph 114

With reference to the efforts required to prevent and combat the abuse of children, consideration should be given to the elaboration of a comprehensive and integrated public information campaign, to the undertaking of a review of the national legislative measures in this field and their compliance with the Convention's provisions, as well as to the further development of training programmes for professionals involved in this field of work.

Paragraph 118

Serious consideration should be given to the possibility of allocating further resources to programmes for the prevention of sexual abuse and exploitation and the rehabilitation of victims, including training of and support to the professionals dealing with these issues and the development of an integrated and coordinated approach to assist both the victims and the perpetrators of such abuse. In connection with this point, the State party should consider greater use of the media in relation to awareness-raising and education on the dangers of sexual exploitation and abuse and the issues of HIV/AIDS and other sexually transmitted diseases.

•          Republic of Korea, CRC, CRC/C/50 (1996) 26 at paras. 164 and 177.

Paragraph 164

With regard to child abuse and domestic violence, the lack of preventive policies and of adequate reporting mechanisms are a concern. Abandonment of children, the high rate of child-headed families and the persistence of corporal punishment, widely envisaged by parents and teachers as an educational measure, are other subjects of concern.

Paragraph 177

The State should adopt further measures to prevent situations of child abuse and domestic violence and to protect and ensure appropriate physical recovery and social reintegration of children affected thereby. Consideration should be given to the establishment of a system of early detection, surveillance and referral.

•          Croatia, CRC, CRC/C/50 (1996) 31 at paras. 185 and 206.

Paragraph 185

The efforts to bring domestic law and practice into line with the principles and provisions of the Convention are noted with satisfaction, including the enactment of legislation on the family and on the protection of children against all types of abuse.

Paragraph 206

The system of foster-care should be carefully monitored in order to eliminate any possible acts of abuse against the children placed in such care.

•          Finland, CRC, CRC/C/50 (1996) 35 at paras. 226 and 235.

Paragraph 226

Insufficient detection and prevention measures in the areas of sexual abuse and domestic violence are a concern.

Paragraph 235

In the areas of sexual abuse and domestic violence, more systematic attention should be given to detection measures and preventive policies.

•          China, CRC, CRC/C/54 (1996) 18 at para. 120.

Serious concerns remain as to the effectiveness of measures taken to ensure the registration of all children, through the household registry. Deficiencies in the registration system deprive children of basic safeguards for the promotion and protection of their rights, including in the areas of child trafficking, abduction, sale and maltreatment, abuse or neglect.

•          Nepal, CRC, CRC/C/54 (1996) 25 at paras. 168 and 183.

Paragraph 168

Appropriate measures have not yet been taken to effectively prevent and combat any form of ill-treatment and corporal punishment of children within the family. The absence of adequate legislation and mechanisms designed to ensure the recovery and reintegration of child victims in the light of article 39 of the Convention is also a concern.

Paragraph 183

The Government should take all appropriate measures, including those of a legislative nature, to combat any form of ill-treatment and sexual abuse of children, including within the family. The authorities should gather information and initiate a comprehensive study to improve the understanding of the nature and scope of the problem and set up social programmes to prevent all types of child abuse and neglect.

•          Guatemala, CRC, CRC/C/54 (1996) 31 at paras. 198, 210 and 223.

Paragraph 198

The decades of conflict affecting society have resulted in the frequent use of violence, including within the family.

Paragraph 210

The high number of child victims of violence raises serious concern, particularly in view of the ineffectiveness of investigations into crimes committed against children, which paves the way for widespread impunity.

Paragraph 223

A comprehensive public information campaign should be developed and implemented urgently to combat the abuse of children in the family and within society as well as the use of corporal punishment in schools.

•          Cyprus, CRC, CRC/C/54 (1996) 38 at paras. 251 and 262.

Paragraph 251

The recent incidence of prostitution, which affects particularly non-Cypriot children, is a concern. The increasing number of children working as domestic servants in illegal conditions, who are vulnerable to all types of abuse, including sexual abuse and exploitation, is also a concern.

Paragraph 262

Special programmes should be set up to prevent the problem of child neglect and abuse.

•          Nigeria, CRC, CRC/C/57 (1996) 12 at paras. 89, 93 and 96.

Paragraph 89

Major efforts are required to address harmful practices such as early marriage, betrothals of children, female genital mutilation and abuse of children in the family. All legislation should be reviewed to ensure its compatibility with the eradication of such violations of children's rights and campaigns should be developed and pursued with the involvement of all sectors of society with a view to changing attitudes in the country as to the non-acceptance of harmful practices. As far as female genital mutilation is concerned, all action necessary to eradicate this violation of children's rights must be taken on a priority basis. Public awareness and information campaigns must support education and advice on other family matters, including equal parental responsibilities and family planning in order to foster good family practices in line with the principles and provisions of the Convention.

Paragraph 93

The best interests of the child should prevail in proceedings concerning child victims of parental abuse, especially in deciding whether parents have the right to represent their child in such cases.

Paragraph 96

Further measures should be taken with a view to ensuring the physical and psychological recovery and rehabilitation of the child victims of abuse, neglect, ill-treatment, violence or exploitation.

•          United Kingdom of Great Britain and Northern Ireland (Hong Kong), CRC, CRC/C/57 (1996) 23 at para. 152.

Despite the recent increase in the number of social workers employed for child abuse cases, the case load of each professional may still be too high and the question of taking additional action to address such matters requires further study. The Committee encourages the efforts made to accord high priority to and to pursue more intensely the establishment of day-care centres in the community, including as a measure to prevent children being left unattended at home. The Committee also encourages the initiative undertaken to ensure within the future reviews of the Family Life Education Programme and an assessment of its effectiveness in preventing abuse.

•          Mauritius, CRC, CRC/C/57 (1996) 29 at paras. 176, 178 and 191.

Paragraph 176

The provisions of the Penal Code relating to protection against sexual abuse, which provide no safeguards for the protection of boy victims, are of concern.

Paragraph 178

The reported increase in child abuse, including infanticide, domestic violence and child prostitution, and the lack of adequate measures for the psycho-social recovery of child victims of such abuse are of concern.

Paragraph 191

All appropriate measures should be taken to prevent and combat ill-treatment of children, including child abuse within the family, corporal punishment, child labour and the sexual exploitation of children, including victims of sexual tourism. Further measures should be taken with a view to ensuring the physical and psychological recovery and rehabilitation of the victims of abuse, neglect, ill-treatment, violence or exploitation.

•          Bulgaria, CRC, CRC/C/62 (1997) 7 at para. 54.

All appropriate measures should be taken to prevent and combat corporal punishment, sexual abuse and exploitation and ill-treatment of children, including in institutions and in detention centres. Corporal punishment should be prohibited by civil legislation and appropriate legal measures should be taken to combat sexual abuse and exploitation of children. Cases of abuse should be properly investigated, sanctions applied to perpetrators and publicity given to the decisions taken in those cases. Further measures should be taken with a view to ensuring the physical and psychological recovery and social reintegration of the victims of abuse, neglect, ill-treatment, violence or exploitation.

•          Ethiopia, CRC, CRC/C/62 (1997) 12 at para. 75.

Since children are able to lodge complaints only through their parents or legal guardians, the right to adequate recourse and complaint procedures for children victims of abuse, including sexual abuse, neglect or ill-treatment within their families, does not seem to be secured and is of concern. The enjoyment by children of their right to participate actively in the promotion of their own rights does not seem to be guaranteed and is also of concern.

•          Myanmar, CRC, CRC/C/62 (1997) 25 at para. 178.

All appropriate measures should be taken to prevent and combat child abuse, including sexual abuse, and the sale and trafficking of children, child prostitution and child pornography. The establishment of bilateral agreements between concerned parties are encouraged to prevent and combat transnational trafficking and sale of children for sexual exploitation.

•          New Zealand, CRC, CRC/C/62 (1997) 38 at para. 243.

Legislation should be reviewed with regard to corporal punishment of children within the family in order to effectively ban all forms of physical or mental violence, injury or abuse.

•          Cuba, CRC, CRC/C/66 (1997) 9 at paras. 49 and 65.

Paragraph 49

Serious concern remains in relation to a child's opportunity to report abuse and other violations of his/her rights in the family, schools or other institutions and to have a complaint taken seriously and responded to effectively.

Paragraph 65

Further measures should be undertaken to protect children from abuse and maltreatment, in particular through the development of a widespread public information campaign for the prevention of corporal punishment and bullying of children, whether by adults or by other children.

•          Ghana, CRC, CRC/C/66 (1997) 15 at paras. 100 and 121.

Paragraph 100

The absence of information and data concerning sexual abuse and exploitation, including in the family, is of concern. In this regard, the fact that children aged between 14 and 18 years do not benefit from appropriate legal and social protection measures is also worrisome.

Paragraph 121

The legislative framework should be reinforced to fully protect children from all forms of sexual abuse or exploitation, including within the family. The State party should engage in studies with a view to designing and implementing appropriate policies and measures, including in the area of rehabilitation, to combat this phenomenon comprehensively and effectively. In this regard, it is hoped that the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996 will be considered.

•          Bangladesh, CRC, CRC/C/66 (1997) 22 at paras. 141, 161, 162 and 170.

Paragraph 141

The lack of appropriate measures to combat and prevent ill-treatment and abuse, including sexual abuse, both within and outside the family, and the lack of awareness and information on this matter are matters of concern. The persistence of corporal punishment and its acceptance by the society and instances of violence committed by law enforcement officials against abandoned or "vagrant" children are matters of serious concern.

Paragraph 161

Public awareness campaigns and measures should be developed to provide appropriate assistance to families in carrying out their child-rearing responsibilities with a view, inter alia, to preventing domestic violence, prohibiting corporal punishment, and preventing early marriages and other harmful traditional practices.

Paragraph 162

Additional measures are needed to combat violence against and abuse of children, including sexual abuse. Programmes for the rehabilitation and reintegration of traumatized children need to be developed and adequate procedures and mechanisms devised to deal with complaints of both physical and psychological ill-treatment. Allegations of violations of children's rights should be investigated and prosecuted.

Paragraph 170

All appropriate measures should be taken to prevent and combat sexual abuse and sexual exploitation of children and to ensure their physical and psychological recovery and social reintegration. Bilateral and regional cooperation should be reinforced to prevent and combat the serious problem of trafficking of children.

See also:

•          Panama, CRC, CRC/C/62 (1997) 19 at para. 132.

•          Uganda, CRC, CRC/C/69 (1997) 21 at para. 132.

•          Trinidad and Tobago, CRC, CRC/C/69 (1997) 33 at para. 215.

•          Paraguay, CRC, CRC/C/66 (1997) 29 at paras. 192 and 198.

Paragraph 192

The social and economic disadvantages faced by children, in particular those living in rural and certain urban areas, have led to various forms of exploitation of those children, including their placement as domestic servants in wealthier families, thus exposing them to ill-treatment and abuse, including sexual abuse in some cases.

Paragraph 198

A clear strategy to combat the abuse and sexual exploitation of children does not exist and is of concern.

•          Azerbaijan, CRC, CRC/C/66 (1997) 41 at para. 305.

A comprehensive study of child abuse, including sexual abuse and ill-treatment in the family, as well as a study on youth suicide should be undertaken. Adequate programmes should also be designed and adopted to prevent sexual abuse and exploitation of children, especially child prostitution.

•          Lao People’s Democratic Republic, CRC, CRC/C/69 (1997) 8 at paras. 47, 60 and 71.

Paragraph 47

The lack of awareness and information on the ill-treatment and abuse of children, including sexual abuse, both within and outside the family, and the lack of appropriate measures and mechanisms to prevent and combat such abuse are of concern. The lack of special structures for child victims of abuse and their limited access to justice, the persistence of corporal punishment within the family and its acceptance by the society, and the lack of rehabilitation measures for such children are also matters of concern.

Paragraph 60

With a view to improving the general framework for the protection of children from all forms of abuse, neglect and exploitation, the development of a social worker's system is encouraged.

Paragraph 71

Adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as multidisciplinary teams to handle cases, special rules of evidence, and special investigators or community focal points.

•          Australia, CRC, CRC/C/69 (1997) 16 at para. 108.

Cases of abuse and ill-treatment of children, including sexual abuse within the family, should be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken. Further measures should be taken with a view to ensuring the physical and psychological recovery and social reintegration of the victims of abuse, neglect, ill-treatment, violence or exploitation.

•          Uganda, CRC, CRC/C/69 (1997) 21 at paras. 141 and 152.

Paragraph 141

The insufficiency of the measures taken for the physical, psychological recovery and social reintegration of child victims of war and abuse and the lack of material, financial resources and specialized personnel for alternative care institutions are matters of concern.

Paragraph 152

Special attention should be given to the problems of ill-treatment and abuse, including sexual abuse of children within the family and corporal punishment in schools, and the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence against children is stressed. Comprehensive studies on these problems should be initiated in order to understand them better and to facilitate the elaboration of policies and programmes to combat them effectively, including rehabilitation programmes.

•          Czech Republic, CRC, CRC/C/69 (1997) 28 at paras. 179 and 192.

Paragraph 179

Measures, including legal ones, being taken to address the problems of child abuse, including sexual abuse within the family, and the sale and trafficking of children, child prostitution and child pornography, are insufficient. The Committee is concerned that the State party may serve as a transit country for the trafficking of children.

Paragraph 192

Further measures should be taken to protect children from abuse and maltreatment, in particular through the development of a widespread public information campaign for the prevention of corporal punishment at home, at school, and in other institutions.

•          Trinidad and Tobago, CRC, CRC/C/69 (1997) 33 at para. 230.

Efforts should be strengthened to prevent and combat ill-treatment and sexual abuse of children, within and outside the family. The authorities should initiate a comprehensive study on abuse, ill-treatment and domestic violence, to improve the understanding of the nature and the scope of the problem, and strengthen social programmes to prevent all types of child abuse and to rehabilitate the child victims. Law enforcement should be strengthened against perpetrators of abuse, including sexual abuse, and adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as the establishment of a family court.

•          Togo, CRC, CRC/C/69 (1997) 39 at paras. 261, 268 and 283.

Paragraph 261

The persistence of child abuse, including ill-treatment within the family, and the absence, at the administration level, of an appropriate mechanism to prevent and combat this phenomenon is worrisome.

Paragraph 268

The absence of comprehensive information and data concerning sexual abuse and exploitation of children, including in the family and when serving as domestic workers, is of concern.

Paragraph 283

With a view to combatting all forms of child abuse, all appropriate measures should be taken, including law enforcement and rehabilitation measures.

•          Libyan Arab Jamahiriya, CRC, CRC/C/73 (1998) 9 at para. 57.

The State party should take all appropriate measures, including of a legislative nature, with an aim of prohibiting corporal punishment at home. It is further suggested that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity. Cases of abuse and ill-treatment of children, including rape and sexual abuse within the family, should be properly investigated, sanctions should be applied to perpetrators and publicity should be given to decisions taken in such cases, with due regard given to protecting the right to privacy of the child. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, and the prevention of criminalization and stigmatization of victims.

See also:

•          Ireland, CRC, CRC/C/73 (1998) 14 at para. 101.

•          Micronesia, CRC, CRC/C/73 (1998) 20 at para. 120.

The insufficient awareness of and the lack of information on ill-treatment and abuse, including sexual abuse, both within and outside the family, the absence of specific laws in all the states and of appropriate resources, both financial and human, as well as the lack of adequately trained personnel to prevent and combat such abuse are of concern. The lack of rehabilitation measures for such children and their limited access to justice are also matters of concern.

•          Hungary, CRC, CRC/C/79 (1998) 7 at paras. 41, 45 and 47.

Paragraph 41

Cases of ill-treatment of children in the family and in institutions as well as the lack of adequate measures for the psycho-social recovery of child victims of such abuses, and cases of ill-treatment by law enforcement personnel in or outside detention centres are matters of deep concern.

Paragraph 45

The legal and other measures being taken to address the problems of child abuse, including sexual abuse within the family, are insufficient. The lack of research on the issue of sexual abuse within the family is also of concern.

Paragraph 57

All appropriate measures should be taken to prevent and combat ill-treatment of children, including physical and sexual abuse within the family, at school and in child-care institutions. Prevention campaigns, including through education, should be undertaken to protect children against abuse and maltreatment. Comprehensive studies on these issues should be initiated in order to understand them better and facilitate the elaboration of policies and programmes, including rehabilitation programmes, to combat them effectively.

See also:

•          Mongolia, CRC, CRC/C/50 (1996) 13 at paras. 64 and 76.

•          Democratic People’s Republic of Korea, CRC, CRC/C/79 (1998) 13 at paras. 82 and 94.

Paragraph 82

The amount of attention afforded to the phenomenon of child abuse and ill-treatment within the family is insufficient.

Paragraph 94

A comprehensive study should be launched to enhance the understanding of the nature and scope of child abuse and ill-treatment within the family, with a view to combating these harmful practices adequately.

•          Fiji, CRC, CRC/C/79 (1998) 18 at paras. 124, 136 and 144.

Paragraph 124

The insufficient rehabilitation measures for ill-treated, sexually abused and economically exploited children as well as their limited access to the justice system are of concern.

Paragraph 136

All appropriate measures, including revision of legislation, should be taken to prevent and combat ill-treatment within the family, including domestic violence and sexual abuse of children. Authorities should set up social programmes to prevent all types of child abuse as well as to rehabilitate the child victims. Law enforcement should be strengthened with respect to such crimes, and adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as special rules of evidence and special investigators or community focal points.

Paragraph 144

Further efforts should be undertaken to establish rehabilitation centres for child victims of ill-treatment, sexual abuse and economic exploitation.

•          Japan, CRC, CRC/C/79 (1998) 25 at paras. 165 and 186.

Paragraph 165

The increase of child abuse and ill-treatment, including sexual abuse, within the family is of concern. The insufficient measures that have been taken to ensure that all cases of abuse and ill-treatment of children are properly investigated, sanctions applied to perpetrators and publicity given to decisions taken are of concern. The insufficient measures taken to ensure the early identification, protection and rehabilitation of abused children are also of concern.

Paragraph 186

Cases of abuse and ill-treatment of children should be properly investigated, sanctions should be applied to perpetrators and publicity should be given to decisions made in order to enhance understanding of this phenomenon, and in order to achieve this, an easily accessible and child-friendly complaint procedure should be established.

•          Maldives, CRC, CRC/C/79 (1998) 31 at paras. 211 and 231.

Paragraph 211

The insufficient awareness of and lack of information on ill-treatment and abuse, including sexual abuse both within and outside the family, the insufficient legal protection measures, the inappropriate resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse are of concern. The insufficiency of rehabilitation measures for such children and their limited access to justice are also matters of concern.

Paragraph 231

All appropriate measures should be taken to prevent and combat ill-treatment within the family and sexual abuse. The authorities should set up social programmes to prevent all types of abuse as well as to rehabilitate child victims. Law enforcement should be strengthened with respect to such crimes. Adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as special rules of evidence and special investigators or community focal points.

•          Luxembourg, CRC, CRC/C/79 (1998) 38 at paras. 257 and 279.

Paragraph 257

Of concern is the Penal Code which provides restricted protection from all forms of abuse and neglect to children under 14 years old.

Paragraph 279

Legislation, policies and programmes should be reinforced to prevent and combat all forms of sexual exploitation and abuse, including child prostitution, child pornography and trafficking in children. In this regard, a comprehensive national plan of action should be established and the recommendations of the 1996 Stockholm Congress against Commercial Sexual Exploitation of Children should be implemented.

•          Ecuador, CRC, CRC/C/80 (1998) 9 at para. 44.

That child abuse is a culturally accepted and justified practice is a matter of concern. All appropriate steps should be taken, including the setting up of social programmes and the introduction of rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. Law enforcement should be strengthened with respect to such crimes and adequate procedures and mechanisms to deal with complaints of child abuse should be developed. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. To this effect international cooperation from UNICEF and international non-governmental organizations is encouraged.

•          Iraq, CRC, CRC/C/80 (1998) 15 at para. 78.

Studies should be undertaken on ill-treatment and abuse, including sexual abuse, and adequate measures and policies should be adopted, with a view to changing traditional attitudes. Cases of abuse and ill-treatment of children, including sexual abuse within the family, should be properly investigated, sanctions should be applied to perpetrators and publicity given to decisions taken in such cases, and due regard should be given to protecting the right to privacy of the child. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, and the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation.

•          Bolivia, CRC, CRC/C/80 (1998) 22 at para. 107.

The persistent ill-treatment of children is of concern. There is an insufficient awareness and a lack of information, research, statistics and data on ill-treatment and abuse, including sexual abuse, both within and outside the family. There are insufficient legal protection measures, appropriate resources, both financial and human, as well as a lack of adequately trained personnel to prevent and combat such abuse. The insufficiency of rehabilitation for such children and their limited access to justice are also matters of concern. All appropriate measures should be taken to prevent and combat ill-treatment and sexual abuse of children within the family, schools and society at large. Social programmes should be set up to prevent all types of child abuse and to rehabilitate victims. Law enforcement should be strengthened with respect to such crimes, and adequate procedures and mechanisms to deal with complaints of child abuse should be developed.

•          Kuwait, CRC, CRC/C/80 (1998) 28 at para. 140.

The insufficient awareness of and lack of information on domestic violence, ill-treatment and abuse, including sexual abuse, both within and outside the family, the insufficient legal protection measures and insufficient resources, as well as the lack of adequately trained personnel to prevent and combat such abuse are of concern. Multidisciplinary studies on the nature and scope of ill-treatment and abuse, including sexual abuse, with a view to adopting adequate measures and policies, should be undertaken in order to change traditional attitudes. A special complaint mechanism should be established for children to report such ill-treatment, domestic violence and abuse. Cases of abuse and ill-treatment of children, including sexual abuse within the family, should be properly investigated, sanctions applied to perpetrators and publicity given to decisions taken in such cases, with due regard being given to protecting the right to privacy of the child. Furthermore, consideration should be given to adopting child-friendly rules for the provision of evidence in such proceedings. Further measures should be taken with a view to ensuring the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, and the prevention of criminalization and stigmatization of victims.

•          Thailand, CRC, CRC/C/80 (1998) 35 at para. 174.

Studies should be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, to understand the scope and nature of the phenomenon, in order to adopt adequate measures and policies and contribute to changing traditional attitudes. Furthermore, cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, should be properly investigated within a child-friendly judicial procedure, sanctions should be applied to perpetrators and publicity should be given to decisions taken in such cases, with due regard being given to protecting the right to privacy of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment, violence or exploitation, and prevention of the criminalization and stigmatization of victims.

•          Belize, CRC, CRC/C/84 (1999) 12 at para. 81.

The lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse, and the lack of appropriate financial and human resources remain matters of grave concern. Of particular concern is that domestic legislation on sexual abuse does not include protective measures for boys. Studies on domestic violence, ill-treatment and sexual abuse should be undertaken in order to adopt adequate measures and policies and help change traditional attitudes. Cases of domestic violence, ill-treatment and sexual abuse of children should be properly investigated within a child-friendly judicial procedure, sanctions applied to perpetrators and publicity given to decisions taken in such cases, with due regard for the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims. The proposal to introduce legislation should be implemented, making the reporting of child abuse mandatory and legal reform should be undertaken to ensure that boys are protected. Technical assistance should be sought from UNICEF.

•          Guinea, CRC, CRC/C/84 (1999) 21 at para. 113.

The insufficient awareness and lack of information on ill-treatment and abuse, including sexual abuse, both within and outside the family, and the insufficient legal protection measures, resources and trained personnel to prevent and combat such abuses are of concern. All appropriate measures, including revision of legislation, should be taken to prevent and combat ill-treatment, including domestic violence and sexual abuse of children. Law enforcement should be strengthened with respect to such crimes, and adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as special rules of evidence, and special investigators or community focal points.

•          Barbados, CRC, CRC/C/87 (1999) 9 at paras. 44 and 53.

Paragraph 44

The Sexual Offences Act, 1992, offers no special protection to children over the age of 16 and only limited protection to those between 14 and 16 years of age. Children over 16 years of age also appear to receive limited protection in legislation regulating the prevention of cruelty to children. Legislation should be reviewed so as to increase the level of protection accorded to all children.

Paragraph 53

Existing legislation is still not sufficient to provide strong protection against child abuse, including sexual abuse. The Sexual Offences Act, 1992 provides very harsh sentences for only one specific form of sexual abuse of children under 14 and there are considerable difficulties in applying this legislation, in particular when a parent is reluctant to testify or to allow the abused child to testify. The Domestic Violence (Protection Orders) Act, 1992, although showing progress in removing police discretion in the referral to court of cases of domestic violence, still fails to ensure a sufficient level of protection for children in cases of domestic violence. Legislative measures should be ensured to provide full protection from all forms of abuse and to guarantee that child maltreatment will not be tolerated. The impact of current measures and policies should be reassessed and projects and programmes should be systematically developed and implemented to address the need for: prevention of child abuse; protection from abuse, including procedures to protect children from possible further victimization by the legal system; and provision of rehabilitation services; and to this effect, awareness-raising campaigns should be carried out and existing legislation should be reviewed.

•          Saint Kitts and Nevis, CRC, CRC/C/87 (1999) 17 at para. 86.

The lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse, and the lack of appropriate financial and human resources remain of grave concern. The lack of a standardized approach to the reporting and management of child abuse, neglect and abandonment as well as the delineation of roles between the police, the Community Affairs Department and health and education agencies are also of concern. Studies should be undertaken on domestic violence, ill-treatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes. Cases of domestic violence, ill-treatment and sexual abuse of children should be properly investigated within a child-friendly judicial procedure and sanctions should be applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims and the prevention of criminalization and stigmatization of victims. Technical assistance should be sought from UNICEF.

•          Honduras, CRC, CRC/C/87 (1999) 26 at paras. 118 and 120.

Paragraph 118

Judicial mechanisms should be reinforced to deal with complaints of police brutality, ill-treatment and abuse of children. Cases of abuse should be duly investigated in order to avoid impunity for perpetrators.

Paragraph 120

The lack of appropriate measures and mechanisms to prevent and combat ill-treatment, neglect and abuse of children, including sexual abuse; the lack of appropriate resources (both financial and human); the lack of adequately trained personnel to prevent and combat abuse; and the lack of awareness and information, including statistical data on these phenomena, are matters of concern. All appropriate measures, including setting up multidisciplinary programmes and rehabilitation measures, should be taken to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. Law enforcement should be strengthened with respect to such crimes and adequate procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders. Educational programmes should be established to combat traditional attitudes within society regarding this issue. In this regard, international cooperation should be sought from UNICEF and international non-governmental organizations.

•          Benin, CRC, CRC/C/87 (1999) 35 at para. 154.

The lack of appropriate measures and mechanisms to prevent and combat ill-treatment, neglect and abuse of children, including sexual abuse; the lack of appropriate resources (both financial and human); the lack of adequately trained personnel to prevent and combat abuse; as well as the lack of awareness and information, including statistical data on these phenomena, are matters of concern. Studies should be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, in order to understand the scope and nature of these practices. Adequate measures and policies should be adopted to contribute to changing attitudes. Cases of domestic violence, ill-treatment and abuse of children, including sexual abuse within the family, should be properly investigated with a child-friendly judicial procedure and sanctions should be applied to perpetrators with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, and the prevention of criminalization and stigmatization of victims. Technical assistance should be sought from UNICEF.

•          Chad, CRC, CRC/C/87 (1999) 45 at paras. 189 and 197.

Paragraph 189

The insufficient awareness and lack of information on ill-treatment and abuse, including sexual abuse, both within and outside the family, especially in schools and other institutions, is of concern. The insufficient legal protection measures, resources and trained personnel to prevent and combat such abuse and the lack of rehabilitation measures for the physical and psychological recovery of abused children are also matters of concern. All appropriate measures should be taken, including adoption of the proposed legislation, to prevent and combat ill-treatment of children, including domestic violence and sexual abuse. Law enforcement should be strengthened with respect to such crimes, and adequate procedures and mechanisms to deal with complaints of child abuse should be developed, such as special rules of evidence and special investigators or community focal points.

Paragraph 197

Of concern is the family preference for negotiated settlement of incidents of sexual abuse and exploitation of girls by teachers, which does not provide adequate protection and may lead to double victimization. This issue should be reviewed to ensure that priority is given to protection from sexual abuse and exploitation, taking fully into account the best interests of the child, and perpetrators should be appropriately sanctioned.

•          Nicaragua, CRC, CRC/C/87 (1999) 54 at paras. 233 and 237.

Paragraph 233

Judicial mechanisms should be strengthened to deal with complaints of police brutality, ill-treatment and abuse of children, and cases of abuse of children should be duly investigated. Ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment should be considered.

Paragraph 237

There is insufficient public awareness regarding the harmful consequences of ill-treatment and abuse, including sexual abuse, both within and outside of the family. Concern is expressed at the insufficient resources, both financial and human, as well as the lack of adequately trained personnel, to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for such children and their limited access to justice are also matters of concern. All appropriate measures should be taken, including setting up multidisciplinary programmes and rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and other institutions, including the juvenile justice system, and in society at large. Law enforcement should be strengthened with respect to such crimes, and adequate child-friendly procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice to avoid impunity for the offenders. Educational programmes should be established to combat traditional attitudes within society regarding this issue. To this effect, international cooperation should be sought from UNICEF and international non-governmental organizations.

•          Venezuela, CRC, CRC/C/90 (1999) 10 at para. 52.

The insufficient awareness of the harmful consequences of neglect and abuse, including sexual abuse, both within and outside the family; the insufficient financial and trained human resources allocated to prevent abuse and neglect; and the insufficient rehabilitation measures and facilities available for victims are of concern. All appropriate measures should be taken to prevent and combat child abuse and neglect of children in society at large, including setting up multidisciplinary treatment, rehabilitation programmes, and educational programmes. Law enforcement should be strengthened with respect to such crimes and procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice, in order to avoid impunity of the offenders. Educational programmes should be established to combat traditional attitudes in society regarding this issue. International cooperation to this effect from, inter alia, UNICEF and international non-governmental organizations is encouraged.

•          Russian Federation, CRC, CRC/C/90 (1999) 18 at paras. 93-95, 97 and 100.

Paragraph 93

The persistent ill-treatment and neglect of children in the context of the family and the widespread incidence of violence against women and its impact on children are of concern.

Paragraph 94

Special attention should be given to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family.

Paragraph 95

The need for information and education campaigns to prevent and combat all forms of physical or mental violence against children is stressed.

Paragraph 97

Child-friendly procedures for complaint, investigation and presentation of evidence for child victims of violence and abuse, the reinforcement of investigations of crimes committed, and the prosecution and appropriate punishment of perpetrators is encouraged.

Paragraph 100

Effective measures should be taken to provide families where children may be at risk of neglect or abuse with support, education and counselling services, so as to prevent the occurrence of abuse and the need to remove children from parental care. As alternatives to institutionalization, adoption and foster care should be used.

•          Vanuatu, CRC, CRC/C/90 (1999) 29 at para. 152.

The lack of data, appropriate measures, mechanisms and resources to prevent and combat domestic violence, including child sexual abuse, are matters of grave concern. Studies should be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, to understand the scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes. Cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, should be properly investigated within a child-friendly judicial procedure, sanctions should be applied to perpetrators, and due regard should be given to protecting privacy rights of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, and the prevention of criminalization and stigmatization of victims. In this connection, technical assistance should be sought from, inter alia, UNICEF and WHO.

•          Mexico, CRC, CRC/C/90 (1999) 34 at para. 184.

Physical and sexual abuse - within and outside the family - is a serious problem in the State party. Concern is expressed that domestic legislation, at both the federal and state levels, does not explicitly prohibit the use of corporal punishment in schools. Effective measures, including setting up multidisciplinary treatment and rehabilitation programmes, should continue to be taken to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. Law enforcement should be strengthened with respect to such crimes, adequate procedures and mechanisms to deal effectively with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and the use of corporal punishment at home, in schools and other institutions, should be explicitly prohibited by law. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue. The State party is encouraged to consider seeking international cooperation to this effect from UNICEF and international non-governmental organizations.

•          Mali, CRC, CRC/C/90 (1999) 43 at para. 217.

The lack of appropriate measures and mechanisms to prevent and combat ill-treatment, neglect and abuse of children, including sexual abuse within the family; the inadequate resources (both financial and human); the insufficient number of adequately trained personnel to prevent and combat abuse; as well as the lack of awareness and information, including statistical data on these phenomena, are matters of concern. Studies should be undertaken on domestic violence, ill-treatment and abuse in order to understand the scope and nature of these practices, and the State party should adopt adequate measures and policies, and contribute to changing attitudes. Cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, should be properly investigated within a child-friendly judicial procedure and sanctions should be applied to perpetrators, with due regard being given to protecting the right to privacy of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill- treatment, violence or exploitation, and the prevention of criminalization and stigmatization of victims. Technical assistance should be sought from, inter alia, UNICEF and WHO.

•          The Netherlands, CRC, CRC/C/90 (1999) 53 at paras. 248 and 258.

Paragraph 248

The growth in reported cases of child abuse and the level of protection available to children are matters of concern. Increased priority should be given to the prompt implementation and support of monitoring and reporting systems based on the position paper of the Ministries of Justice, and Health, Welfare and Sport concerning the prevention of child abuse and the protection and rehabilitation offered to victims of child abuse. Furthermore it is recommended that, in line with developments in other European countries, legislative measures be taken to prohibit the use of all forms of mental and physical violence against children, including corporal punishment, within families.

Paragraph 258

The balance sought between protecting children against sexual abuse and protecting their sexual freedom may still unduly limit protection from abuse and is of concern. That efforts to increase the protection of children against exploitation in the production of pornography have not made further progress also remains of concern. Legislation and policies should be reviewed so as to modify the “complaint requirement” for prosecution of sexual offences committed against children over 12. Legislation should be changed with a view to improving the protection of all children from inducement to participate in the production of pornographic shows or materials, and from other forms of commercial sexual exploitation. The “dual criminality” requirement in legislation establishing extraterritorial jurisdiction for cases of sexual abuse of children should be considered for review.

•          India, CRC, CRC/C/94 (2000) 10 at paras. 70, 77, 106 and 108.

Paragraph 70

With respect to article 37 (a) of the Convention, concern is expressed about numerous reports of routine ill-treatment, corporal punishment, torture and sexual abuse of children in detention facilities, and alleged instances of killings of children living and/or working on the streets by law enforcement officials.

Paragraph 77

Legislative measures should be taken to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions. These measures should be accompanied by public education campaigns about the negative consequences of ill-treatment of children. Positive, non-violent forms of discipline should be promoted as an alternative to corporal punishment, especially in the home and in schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened, and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill-treatment.

Paragraph 106

Concern is expressed about the sexual abuse and exploitation of children, especially those belonging to the lower castes and from poor urban and rural areas, in the contexts of: religious and traditional culture; child domestic workers; children living and/or working on the streets; communal violence and ethnic conflict; abuse by the security forces in areas of conflict; and trafficking and commercial exploitation.

Paragraph 108

Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation.

•          Sierra Leone, CRC, CRC/C/94 (2000) 24 at paras. 165 and 200-204.

Paragraph 165

Deep concern is expressed about the large number of children who have been deprived of a family environment through the death of, or separation from, their parents or other family. Children deprived of their family environment may increasingly travel to the main towns, where they may live on the streets and be particularly vulnerable to exploitation and abuse.

Paragraph 200

The Committee is concerned that provisions in national domestic legislation providing protection to children from sexual exploitation and abuse only offer such protection to children up to the age of 14.

Paragraph 201

Domestic legislation should be reviewed in order to raise the age levels of such protection and to ensure that boys benefit from the same protection as girls.

Paragraph 202

The many incidents of sexual exploitation and abuse of children are of concern, particularly in the context of the conscription or abduction of children by armed persons and in the context of attacks on civilian populations by armed persons. Concern is also expressed at reports of commercial sexual exploitation and of widespread sexual abuse of girls within the family, within internally displaced person camps and within communities.

Paragraph 203

The State party is urged to include studies of incidents of sexual abuse in the context of the armed conflict among the issues to be discussed by the truth and reconciliation commission. The State party should initiate information campaigns alerting the public to the risks of sexual abuse within the family and within communities. The necessary psychological and material assistance should be provided to the victims of such exploitation and abuse their protection assured from any possible social stigmatization.

Paragraph 204

With regard to sexual abuse in the family and communities, it is recommended that the State party consider the establishment of mechanisms through which incidents can be identified, reported and addressed, inter alia through medical professionals, law enforcement and judicial officials.

•          Costa Rica, CRC, CRC/C/94 (2000) 37 at paras. 217 and 229.

Paragraph 217

The establishment of the Ministry of Women’s Affairs and the enactment of the Law against Domestic Violence (1996) and the Law on the Equality of Women are regarded as important contributions to the prevention and treatment of violence against children in general and as significant support to the improvement of the situation of girls in particular, in line with the Committee’s prior recommendation (see CRC/C/15/Add.9 and 16).

Paragraph 229

While the State party’s efforts to prevent and combat cases of abuse and ill-treatment of children are noted, these measures need to be reinforced. There is insufficient awareness about the harmful consequences of neglect and abuse, including sexual abuse, both within and outside the family. Concern is expressed about the insufficient resources, both financial and human, and about the lack of adequately trained personnel, to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for victims and their limited access to justice are also matters of concern. In the light of articles 19 and 39 of the Convention, effective measures should be taken, including reinforcing current multidisciplinary programmes and rehabilitation measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and in society at large. Law enforcement should be strengthened with respect to such crimes. Procedures to deal with complaints of child abuse should be reinforced. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue.

•          The Former Yugoslav Republic of Macedonia, CRC, CRC/C/94 (2000) 45 at paras. 265 and 266.

Paragraph 265

It is of concern that incidents of sexual abuse and family violence may not be adequately identified and addressed.

Paragraph 266

Training should be conducted for the police and the staff of the Centres for Social Work on the detection of child abuse and domestic violence and on suitable responses.

•          Armenia, CRC, CRC/C/94 (2000) 53 at paras. 326, 327 and 349.

Paragraph 326

The Committee reiterates the concerns expressed by the Committee on the Elimination of Discrimination against Women (A/52/38/Rev.1) and the Human Rights Committee (CCPR/C/79/Add.100) that the State party has failed to acknowledge and address the matter of domestic violence. Notwithstanding protection under the Rights of the Child Act, the ill-treatment of children, including sexual abuse, not only in schools and institutions, but also within the family is a concern. Limited access to complaints mechanisms and the insufficiency of rehabilitation measures for such children are also matters of concern.

Paragraph 327

In the light of, inter alia, articles 19 and 39 of the Convention, it is recommended that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions are prohibited. Programmes for the rehabilitation and reintegration of abused children need to be strengthened and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill-treatment. The State party should launch awareness-raising campaigns on the ill-treatment of children and its negative consequences. Positive, non-violent forms of discipline should be promoted as an alternative to corporal punishment, especially in the home and schools. The training of teachers, law-enforcement officials, care workers, judges and health professionals in identification, reporting and management of cases of ill-treatment is recommended.

Paragraph 349

It is recommended that the State party undertake a national study on the nature and extent of sexual abuse and sexual exploitation of children, and that disaggregated data be compiled and kept up to date to serve as a basis for designing measures and evaluating progress. The State party should review its legislation and ensure that it criminalizes the sexual abuse and exploitation of children and penalizes all offenders, whether local or foreign, while ensuring that the child victims of these practices are not penalized. It is recommended that the State party ensure that domestic laws concerning the sexual exploitation of children are gender neutral; provide civil remedies in the event of violations; ensure that procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; include provisions to protect from discrimination and reprisals those who expose violations; and vigorously pursue enforcement. Rehabilitation programmes and shelters should be established for child victims of sexual abuse and exploitation. There is a need for trained personnel. The State party should carry out awareness-raising campaigns to sensitize and mobilize the general public on the child’s right to physical and mental integrity and safety from sexual exploitation. Bilateral and regional cooperation should be reinforced, involving cooperation with neighbouring countries.

See also:

•          Jordan, CRC, CRC/C/97 (2000) 31 at para. 208.

•          Egypt, CRC, CRC/C/103 (2001) 36 at para. 247.

•          Peru, CRC, CRC/C/94 (2000) 64 at paras. 359 and 375.

Paragraph 359

The State party’s accession to the Inter-American Convention to Prevent, Sanction and Eradicate Violence against Women, the enactment of Law 26260 for protection against domestic violence, and of Law 27055 containing reforms criminalizing sexual violence issues are regarded as positive steps to combat violence against children and for the treatment of victims, in line with the Committee’s prior recommendation.

Paragraph 375

Legislative reforms aimed at preventing and combatting domestic violence are welcomed. Concern remains that physical and sexual abuse of children - within and outside the family - is a widespread phenomenon in the State party. In light of, inter alia, articles 3, 6, 19, 28(2) and 39 of the Convention, the State party should continue taking effective measures to prevent and combat abuse and ill-treatment of children within the family, at school and in society at large, including through setting up multidisciplinary treatment and rehabilitation programmes. It is suggested, inter alia, that law enforcement be strengthened with respect to such crimes; that adequate procedures and mechanisms to deal effectively with complaints of child abuse be reinforced in order to provide children with prompt access to justice; and that the use of corporal punishment at home, in schools and other institutions be explicitly prohibited by law. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue.

Paragraph 397

Concern is expressed that the Criminal Code does not provide boys the same legal protection against sexual abuse and exploitation as girls. In this regard, it is noted that the Code refers to the protection of the “female child” only. Legislation should be amended to ensure that boys are provided equal and adequate protection against sexual abuse and exploitation.

Paragraph 403

The recent initiatives of the State party to address the issues of child abuse and domestic violence are welcomed, including the establishment of a crisis hotline for domestic violence and child abuse as well as the opening of an emergency shelter for battered women and their children. The efforts to train teachers and police officers and to sensitize the media and the general public on child abuse are noted. The intention of the State party to include a child abuse register is also noted. Concerns remain about the lack of awareness and information on domestic violence, ill-treatment and abuse of children, including sexual abuse; and the insufficient financial and human resources allocated, as well as the inadequate programmes established to prevent and combat these abuses. Insufficient efforts have been made to protect the right to privacy of child victims of abuse. In the light of article 19, it is recommended that the State party undertake studies on domestic violence, ill-treatment and sexual abuse in order to adopt adequate policy measures and contribute to changing traditional attitudes. Cases of domestic violence, ill-treatment and sexual abuse of children should be properly investigated within a child-friendly judicial procedure, and sanctions applied to perpetrators, including treatment, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the physical and psychological recovery and social reintegration of victims, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims.

See also:

•          South Africa, CRC, CRC/C/94 (2000) 81 at para. 440.

•          United Kingdom of Great Britain and Northern Ireland (Isle of Man), CRC, CRC/C/100 (2000) 31 at paras. 188 and 189.

•          United Kingdom of Great Britain and Northern Ireland (Overseas Territories), CRC, CRC/C/100 (2000) 40 at paras. 241 and 242.

•          Lesotho, CRC, CRC/C/103 (2001) 57 at paras. 351 and 352.

•          Islamic Republic of Iran, CRC, CRC/C/97 (2000) 8 at paras. 66 and 67.

Paragraph 66

The large numbers of children living and/or working on the streets are a concern, particularly in urban centres such as Tehran and Isfahan, who are amongst the most marginalized groups of children in Iran.

Paragraph 67

The State party should establish mechanisms to ensure that these children are provided with identity documents, food, clothing and housing. Moreover, the State party should ensure that these children have access to health care; rehabilitation services for physical, sexual, and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid.

See also:

•          India, CRC, CRC/C/94 (2000) 10 at paras. 86 and 87.

•          Kyrgyzstan, CRC, CRC/C/97 (2000) 51 at paras. 316 and 317.

•          Georgia, CRC, CRC/C/97 (2000) 18 at paras. 116, 117, 131, 142 and 143.

Paragraph 116

The high and increasing incidence of abuse of children, including sexual abuse, neglect, abandonment and domestic violence is a concern. Concern is also expressed at the lack of awareness and information on domestic violence, ill-treatment and abuse (physical, sexual and psychological) of children and the insufficient financial and human resources allocated, as well as at the inadequacy of the programmes established to prevent and combat all forms of abuse of children. While the State’s programme for the protection, development and social adaption of minors has been established, the funding allocated for its implementation is insufficient.

Paragraph 117

In light of article 19, the State party should undertake studies on domestic violence, ill-treatment and abuse (including sexual abuse within the family) with a view to adopting adequate policy measures and to changing traditional attitudes. All appropriate measures should be taken to introduce mandatory reporting of abuse, including sexual abuse of children. Cases of domestic violence, ill-treatment and abuse of children should be properly investigated within a child-friendly judicial procedure and sanctions applied to perpetrators, including treatment, with due regard given to protecting the right to privacy of the child. Additional measures should also be taken to ensure the physical and psychological recovery and social reintegration of child victims in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims. The State party should take all appropriate measures to discourage the neglect and abandonment of children. The State party is encouraged to allocate funds to implement the State programme for the protection, development and social adaptation of minors.

Paragraph 131

All appropriate measures should be taken to protect the rights of refugee, asylum-seeking and unaccompanied children and to facilitate their access to adequate housing, education, health and other social services. In this regard, the State party should consider the adoption of legislation on asylum-seekers. Additionally, measures should be taken to facilitate family reunification and to establish an efficient refugee status determination procedure for unaccompanied minors. The State party should undertake a study on refugee, asylum-seeking and unaccompanied children to ascertain the extent to which they are victims of torture or other cruel, inhuman or degrading treatment and punishment; economic exploitation, including forced labour; commercial sexual exploitation; sale, trafficking and abduction; and abandonment, abuse and neglect.

Paragraph 142

Concern is expressed about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. It is noted with concern that there have been reported incidents of sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation.

Paragraph 143

In light of article 34 and other related articles of the Convention, the State party should undertake studies with a view to designing and implementing appropriate legislation, policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children, as well as the sale, trafficking and abduction of children for commercial sexual exploitation.

See also:

•          Suriname, CRC, CRC/C/97 (2000) 84 at paras. 487 and 488.

•          Jordan, CRC, CRC/C/97 (2000) 31 at paras. 187 and 198.

Paragraph 187

The establishment of the Family Protection Unit and efforts to address domestic violence are noted. Concerns remain, in light of articles 19 and 39 of the Convention, about the incidence of ill-treatment of children in schools and within the family. Apart from Penal Code provisions with respect to abandonment, abduction and indecent assault with violence, existing legislation is inadequate, and there is no comprehensive plan with effective measures to prevent and treat cases of abuse. Concurring with CEDAW, the Committee is concerned that the serious problem of violence against women in Jordan has harmful consequences on children.

Paragraph 198

The legal provisions criminalizing vagrancy and begging should be repealed. Mechanisms should be established to ensure that street children are provided with identity documents, food, clothing and shelter. Moreover, the State party should ensure that these children have access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with their families; comprehensive education, including vocational and life-skills training; and legal aid. The State party should cooperate and coordinate its efforts with civil society in this regard. The State party should seek assistance from UNICEF.

•          Norway, CRC, CRC/C/97 (2000) 43 at para. 265.

Efforts should be continued to prevent and address cases of sexual abuse by increasing the resources available, including for an appropriate review of the employment of adult staff working with children, by monitoring, through the legal processes of responding to accusations of child abuse, by training of legal and other relevant professionals, and by the timely provision of care to the victims of such acts.

•          Kyrgyzstan, CRC, CRC/C/97 (2000) 51 at paras. 279, 300, 301, 306 and 307.

Paragraph 279

Emphasis is placed on the important role civil society plays as a partner in implementing the provisions of the Convention, including with respect to civil rights and freedoms, ill-treatment, and juvenile justice. A systematic approach to involve civil society should be considered, especially children’s associations and advocacy groups, throughout all stages of the implementation of the Convention, including policy-making. Greater efforts should be made to involve relevant State actors, such as local government officials and the police, in the dialogue with civil society. The State party is encouraged to support initiatives aimed at strengthening the role of civil society and to equip State actors with the knowledge and skills essential for working in partnership with local institutions.

Paragraph 300

Concern is expressed about the numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, torture and abduction. It is of further concern that victims of such treatment are largely from vulnerable groups, such as refugees; that children are often detained for payment from their families; and that fear of reprisals and inadequate complaints procedures discourage children and their parents from filing complaints. Like the Committee against Torture (CAT/C/23/6), the Committee expresses concern at the absence of a definition of torture in the 1998 Criminal Code and appropriate penalties, and the apparent failure to provide prompt, impartial and full investigation into allegations of torture, as well as the failure to prosecute alleged perpetrators.

Paragraph 301

In light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169), the State party should take all necessary and effective steps to prevent incidents of ill-treatment from occurring. The recommendations made by the Committee against Torture (CAT/C/23/6) should be implemented; the militia should be provided with training on how to deal with persons under 18; persons should be adequately informed of their rights when they are detained; complaints procedures should be simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; and rehabilitative support should be provided to victims.

Paragraph 306

It is of concern that ill-treatment of children takes place in the family, institutions and schools. Concern is expressed that violence against women is on the rise and is a problem in Kyrgyzstan, and that this has harmful consequences on children.

Paragraph 307

In light of articles 19 and 39 of the Convention, it should be ensured that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions, are prohibited. These measures should be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The State party should promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened. Moreover, adequate procedures and mechanisms need to be established to receive complaints; monitor, investigate and prosecute instances of ill-treatment; and ensure that the abused child is not victimized in legal proceedings. As regards violence against girls and women, the State party should implement the recommendations of the Committee on the Elimination of Discrimination against Women (A/54/38). Attention should be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance.

•          Cambodia, CRC, CRC/C/97 (2000) 64 at paras. 372 and 373.

Paragraph 372

Concern is expressed at the insufficient awareness of the scope and harmful consequences of mistreatment and abuse of children, including sexual abuse, both within and outside the family; the insufficient resources, both financial and human, to prevent and combat child abuse; and the insufficient care and rehabilitation measures, including facilities available for child victims of abuse.

Paragraph 373

Effective measures should be taken, including setting up multidisciplinary programmes and care and rehabilitation measures, to prevent and combat child abuse and ill-treatment of children within the family, at school and other institutions, and in society at large. Law enforcement should be strengthened with respect to such crimes. Adequate child-friendly procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue.

See also:

•          Malta, CRC, CRC/C/97 (2000) 75 at paras. 430 and 431.

•          Colombia, CRC, CRC/C/100 (2000) 64 at paras. 367 and 368.

•          Dominican Republic, CRC, CRC/C/103 (2001) 91 at paras. 514 and 515.

•          Malta, CRC, CRC/C/97 (2000) 75 at para. 441.

Legislation should be enacted on asylum procedures and family reunification of refugees. The State party should continue undertaking effective measures to provide refugee children with access to education, health services and housing and should establish measures to assist refugee children who are victims of any form of neglect, exploitation or abuse.

•          Suriname, CRC, CRC/C/97 (2000) 84 at paras. 498, 505 and 506.

Paragraph 498

In accordance with article 27 of the Convention, it is recommended that the State party increase its efforts to provide material assistance and support to economically disadvantaged families and guarantee the right of children to an adequate standard of living. The State party should establish mechanisms to ensure that children living and/or working on the streets are provided with identity documents, food, clothing and housing. Moreover, the State party should ensure that these children are provided adequate access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with families; and education, including vocational and life-skills training. It is recommended that the State party cooperate and coordinate its efforts with civil society in this regard.

Paragraph 505

The increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, involving both boys and girls, is of concern. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation.

Paragraph 506

In light of article 34 and other related articles of the Convention, studies should be undertaken with a view to understanding the scope of the problem and implementing appropriate policies and measures, including the physical and psychological recovery and social reintegration of victims. It is recommended that the State party take into account the recommendations formulated in the Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996.

See also:

•          Liechtenstein, CRC, CRC/C/103 (2001) 19 at paras. 112 and 113.

•          Djibouti, CRC, CRC/C/97 (2000) 96 at paras. 542 and 543.

Paragraph 542

Concern is expressed about the lack of detailed information regarding cases of children separated from their parents against their will when necessary for the best interests of the child and respecting the legal guarantees set by the provisions of article 9 of the Convention.

Paragraph 543

The State party is encouraged to review its legislation, programmes and policies so as to promote the equal sharing of parental responsibility, discourage the practice of polygamy, and ensure adequate protection of children from abuse and neglect even when it may involve the need to separate children from their parents against their will.

•          Finland, CRC, CRC/C/100 (2000) 8 at paras. 63 and 64.

Paragraph 63

Although the State party was the second State in the world to prohibit all corporal punishment of children in the family in its Child Custody and Rights of Access Act of 1983, concern is expressed about the number of cases of violence against children, including sexual abuse in their homes.

Paragraph 64

The State party should consider taking additional measures to prevent and, where this has not been possible, to identify in a timely manner instances of violence against children within families, to intervene at an early stage, and to develop child-friendly programmes and services for prevention, treatment and rehabilitation with personnel specially trained to work with children.

•          Burundi, CRC, CRC/C/100 (2000) 17 at paras. 133, 134, 147, 148 and 155.

Paragraph 133

The Committee joins the State party in expressing concern at acts of cruelty, ill-treatment, abuse, including sexual abuse, and neglect and practices such as the seizure of property belonging to orphans which are committed against children in the context of the family, including the extended family.

Paragraph 134

In light of article 19, steps should be taken to establish effective mechanisms for the timely reporting of and response to domestic violence and abuse against or affecting children, to prosecute individuals who violate criminal law and to protect children from cruelty and other harmful acts such as the seizure of property from orphans. Furthermore, measures should be taken to offer both physical and psychological care to those who have suffered, including assisting child victims through court and other proceedings and avoiding the risk of secondary victimization, and these measures should be implemented in accordance with article 39 of the Convention.

Paragraph 147

Noting the current efforts to address trauma, concern is expressed at the inadequacy of specialized psychological care in almost all regions of the State party and the substantial need for such assistance among children who have suffered from, inter alia, the ongoing armed conflict, displacement, regroupment, sexual abuse and living conditions in camps. The current ratio of mental health workers to population is very low.

Paragraph 148

Efforts should be increased to make psychological assistance available to those children who have experienced trauma and to increase human resources in the area of psychological care by providing specialized mental health training for existing health professionals.

Paragraph 155

Current efforts should be reinforced on behalf of street and “hill” children and it should be ensured that these children are protected and have access to health and education services. Taking into consideration the limited availability of social workers and the scarcity of resources, greater support should be given to the work of NGOs in this domain and the police services should be provided with training on children’s rights so that the police can contribute to the protection of children from acts of violence or other abuse while on the street. Special attention should be given to improving the situation of girls.

•          Central African Republic, CRC, CRC/C/100 (2000) 77 at paras. 449 and 450.

Paragraph 449

Concern is expressed at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children.

Paragraph 450

The State party should implement measures to address the abuse and neglect of children including through improved monitoring, reporting and responses to such practices. The State party should sensitize parents and the population in general on this issue.

•          Marshall Islands, CRC, CRC/C/100 (2000) 89 at paras. 525, 526, 541 and 542.

Paragraph 525

While noting the Child Abuse and Neglect Act, concerns remain about the lack of data, appropriate measures, mechanisms and resources for the prevention of and fight against domestic violence, including child sexual abuse, and the absence of public debate and awareness-raising on this issue. Deep concern is expressed that incest is not expressly prohibited by law, even though it is forbidden by customary practice, and that the legislation protects only girls from sexual abuses.

Paragraph 526

In light of article 19, studies should be undertaken on domestic violence, ill-treatment and abuse, including sexual abuse, in order to understand the scope and nature of these practices, adopt adequate measures and policies, and contribute to changing attitudes. Cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, should be properly investigated within a child-friendly investigative and judicial procedure, especially in light of the restrictive rules on evidence against family members, and sanctions applied to perpetrators, with due regard given to protecting the right to privacy of the child. Measures should also be taken to ensure the provision of support services to children in legal proceedings, the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and the prevention of criminalization and stigmatization of victims. The State party should adopt appropriate legislative measures to prohibit incest and protect boys as well as girls from sexual abuse.

Paragraph 541

The vulnerability of young girls to sexual exploitation and abuse is noted with concern.

Paragraph 542

The State party should expedite the adoption of the legislation on prostitution and undertake a study on this issue in order to understand its scope and causes, to enable effective monitoring of the problem and to develop all necessary measures and programmes to prevent and combat sexual exploitation and abuse of children, taking into account the Agenda for Action of the Stockholm World Congress against Commercial Sexual Exploitation of Children. The State party is invited to consider ratifying the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography.

•          Slovakia, CRC, CRC/C/100 (2000) 100 at paras. 574 and 575.

Paragraph 574

The establishment of special units in the Police Corps to deal with cases of neglect of children and domestic violence is welcomed. The introduction in January 1999 of a special children’s hotline to receive and address complaints in this area is a welcome development. It is of concern that violence against women is a problem in Slovakia, and that this has harmful consequences on children.

Paragraph 575

In light of articles 19 and 39 of the Convention, the State party should prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions. Attention should be given to ensuring that the abused child is not victimized in legal proceedings; strengthening programmes for the rehabilitation and reintegration of abused children; and addressing sociocultural barriers that inhibit victims from seeking assistance. The State party should continue to undertake public education campaigns about the negative consequences of ill-treatment of children, including within the family. The State party should continue to promote the use of the hotline and other mechanisms to receive complaints throughout the country.

•          Comoros, CRC, CRC/C/100 (2000) 110 at paras. 626-629.

Paragraph 626  

While noting the positive aspects of the placement of children in informal foster care, in particular of children from rural areas, for educational reasons, concern is expressed about the lack of adequate monitoring to prevent possible abuse of these children, such as their use as domestic workers.

Paragraph 627

The necessary measures should be undertaken to establish outside supervision of these placements, in order to prevent the child being abused by his/her foster family.

Paragraph 628

Insufficient awareness regarding the harmful consequences of ill-treatment and abuse of children, including sexual abuse, both within and outside the family, is a concern. Concern is expressed about the fact that the practice of corporal punishment in the home is socially and legally accepted, particularly for boys. The practice of corporal punishment in Koranic schools is also a matter of concern.

Paragraph 629

Effective measures should be taken to prevent and combat child abuse and ill-treatment of children within the family, at school and in other institutions, and in society at large. Furthermore, educational programmes should be established to combat traditional attitudes in society regarding this issue. In particular, the State party should include in its legislation a specific prohibition on the use of corporal punishment within the family and at school.

•          Latvia, CRC, CRC/C/103 (2001) 9 at paras. 58, 59 and 77.

Paragraph 58

The lack of data, appropriate measures and mechanisms and resources to prevent and combat domestic violence, including child sexual abuse, are of concern. Further, child victims do not have the right to free legal assistance and the judicial procedure is not child-friendly, in particular because the child victims are subjected to repeated questioning.

Paragraph 59

In light of article 19 of the Convention, studies on domestic violence, ill-treatment and abuse, including sexual abuse, should be undertaken to understand the extent, scope and nature of these practices, adopt adequate measures and policies, and to contribute to changing attitudes. Cases of domestic violence and ill-treatment and abuse of children should be properly investigated within a child-friendly inquiry. Judicial procedure should be implemented in order to ensure better protection of child victims, including the protection of their right to privacy. Measures should also be taken to provide support services to children in legal proceedings and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention.

Paragraph 77

Existing mechanisms should be supported to provide children living in the streets with food, clothing, housing, health care and educational opportunities, including vocational and life-skills training. Moreover, the State party should ensure that these children are provided, whenever necessary, with rehabilitation services for physical, sexual and substance abuse; protection from police brutality; and services for reconciliation with their families.

•          Liechtenstein, CRC, CRC/C/103 (2001) 19 at paras. 106 and 107.

Paragraph 106

The possible under-reporting of abuse of children and the fact that medical doctors are exempted from the obligation to report cases of child abuse are matters of concern.

Paragraph 107

In light of articles 19 and 39 of the Convention, effective measures should be taken, including reinforcing current multidisciplinary programmes and rehabilitative measures, to prevent and combat abuse and ill-treatment of children within the family and at school. The State party should reconsider the rule concerning the reporting of cases of child abuse by medical doctors in order to make the reporting system more effective and should take other measures to reduce under-reporting of child abuse. Adequate procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice and to avoid impunity for the offenders.

•          Ethiopia, CRC, CRC/C/103 (2001) 24 at paras. 162, 163, 188 and 189.

Paragraph 162

It is of concern that violence against women in the context of the family remains widespread and continues to have a negative impact on children. In particular, domestic violence against women may lead to child abuse in the family.

Paragraph 163

The State party should make further efforts to address and condemn violence against women, including in the context of the family. Steps should be taken to monitor and address any incidence of violence and sexual or other abuse against children.

Paragraph 188

Reports of sexual exploitation, prostitution, rape and other sexual abuse of children are of concern.

Paragraph 189

The State party is urged to address practices of sexual exploitation, rape and other sexual abuse of children through, inter alia, the provision of care to and the rehabilitation and social reintegration of victims, the enforcement of criminal law, the prosecution of perpetrators of these acts and increased monitoring and reporting of such incidents. Grassroots awareness campaigns on sexual exploitation and other sexual abuse of children should be undertaken, including the translation of relevant terms into local languages.

•          Lithuania, CRC, CRC/C/103 (2001) 47 at paras. 282 and 283.

Paragraph 282

For a long time, issues such as abuse and neglect of children were not recognized as problems and deprivation of parental rights was the only legal way of protecting a child from abuse and violence within the family. Concern is expressed about the lack of data, appropriate measures, mechanisms and resources to prevent and combat all forms of child abuse and other forms of domestic violence.

Paragraph 283

In light of article 19 of the Convention, the State party should undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, to enable it to understand the extent, scope and nature of these practices, adopt adequate measures and policies and thereby contribute to changing attitudes. It is noted that while such measures are included in the new Civil Code, it is not yet in force. The State party should ensure that cases of domestic violence and ill-treatment and abuse of children, including sexual, are properly investigated within a child-friendly inquiry and judicial procedure in order to guarantee better protection of child victims, including their right to privacy. All necessary measures should be taken to make sure that placement of children outside their family only occurs when it is evidently in the best interests of the child and for the shortest period possible. Measures should also be taken to ensure the provision of support services to children in legal proceedings and the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention.

•          Saudi Arabia, CRC, CRC/C/103 (2001) 71 at paras. 409 and 410.

Paragraph 409

In light of articles 19 and 39 of the Convention, concern is expressed about the incidence of ill-treatment of children in schools and within the family. Domestic violence is a problem in Saudi Arabia. This has harmful consequences on children.

Paragraph 410

Legislative measures should be taken to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, the schools and care institutions. These measures should be accompanied by public education campaigns about the negative consequences of ill-treatment of children and the promotion of positive, non-violent forms of discipline as an alternative to corporal punishment. Adequate procedures and mechanisms need to be established to receive complaints; monitor, investigate and prosecute instances of ill-treatment; and ensure that the abused child is not victimized in legal proceedings. The State party should recruit, train and employ women police officers. Attention should also be given to addressing and overcoming socio-cultural barriers that inhibit victims from seeking assistance. The State party should establish hotlines and shelters, staffed by women, for the protection of women and children at risk of or fleeing abuse.

See also:

•          Islamic Republic of Iran, CRC, CRC/C97 (2000) 8 at para. 61.

•          Jordan, CRC, CRC/C/97 (2000) 31 at para. 188.

•          Tajikistan, CRC, CRC/C/100 (2000) 53 at paras. 301 and 302.

•          Egypt, CRC, CRC/C/103 (2001) 36 at paras. 232 and 233.

•          Palau, CRC, CRC/C/103 (2001) 79 at para. 464.

It is noted that abortion is illegal except on medical grounds and concern is expressed regarding the best interests of child victims of rape and/or incest in this regard.

•          Dominican Republic, CRC, CRC/C/103 (2001) 91 at paras. 526 and 527.

Paragraph 526

The large number of children living and/or working on the streets is of concern.

Paragraph 527

A comprehensive policy should be developed to address this issue, including: adequate access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with families; and education, as well as vocational and life-skills training. The State party should cooperate and coordinate its efforts with civil society in this regard and provide existing non-governmental programmes with more support.

•          Denmark, CRC, CRC/C/108 (2001) 10 at paras. 66, 67, 70, 71, 74 and 75.

Paragraph 66

Concern is expressed about the lack of information on the magnitude of abuse and neglect of children and the effects of the various measures implemented to address this issue.

Paragraph 67

A comprehensive policy should be developed and implemented that includes an effective reporting and referral system of all cases of child abuse, including sexual abuse and neglect; regular evaluation of the results of the various measures taken; and legislation that ensures child-sensitive, multi-disciplinary procedures conducted by well-trained professionals, in order to avoid further traumatizing the child.

Paragraph 70

The rather high level of bullying in schools and the inadequate protection of children from abuse, including sexual abuse, in day-care and other institutions, are matters of concern.

Paragraph 71

The State party should strengthen its measures, in participation with children, to prevent and combat violence and bullying in schools. Furthermore, the State party is encouraged to take the necessary measures to prevent persons convicted of crimes against children from working in care and other institutions for children.

Paragraph 74

Concern is expressed about the lack of awareness about child abuse and exploitation and the inadequate efforts to address child pornography. The need for training for professionals working with and for child victims of abuse is noted, including police officers, lawyers and social workers, is noted.

Paragraph 75

In light of article 34 and other related articles of the Convention, it is recommended that the State party reinforce its efforts to strengthen current policies and measures, including care and rehabilitation, to prevent and combat these phenomena. All appropriate measures should be taken to introduce and/or reinforce training for professionals working with and for child victims of abuse and exploitation.

•          Turkey, CRC, CRC/C/108 (2001) 18 at paras. 125 and 126.

Paragraph 125

Concern is expressed about the lack of data, appropriate measures, mechanisms and resources to prevent and combat domestic violence, ill-treatment and abuse, including sexual abuse and related virginity tests. It is noted that societal attitudes towards women and children often mean that these cases are not reported, and when they are reported the police do not systematically intervene. The limited number of services for abused children is also a cause of concern.

Paragraph 126

The State party should undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, in order to enable it to understand the extent, scope and nature of these practices, adopt adequate measures and polices, and contribute to changing attitudes. It is also recommended that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse withing the family, be properly investigated within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy, and the elimination of virginity tests. Measures should also be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence.

•          Democratic Republic of the Congo, CRC, CRC/C/108 (2001) 31 at paras. 195 and 196.

Paragraph 195

Concern is expressed about practices of abuse, including sexual abuse, in the family.

Paragraph 196

In light of article 19 of the Convention, the State party is urged to end practices of sexual abuse through monitoring, reporting, use of the criminal justice process to prosecute adults guilty of such abuse, and through information campaigns targeting parents, communities and children. Instances of abuse and neglect of children should be properly investigated within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy. Measures should also be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence, in accordance with article 39 of the Convention.

•          Guatemala, CRC, CRC/C/108 (2001) 47 at paras. 232, 257, 258, 263, 264, 281 and 282.

Paragraph 232

The creation of a National Commission against Child Abuse and the holding of two National Campaigns against Child Abuse in 1996 and 1998 are welcomed.

Paragraph 257

It is deeply disturbing that violence against children is increasing. It particular, it is noted with great concern that many children fear for their lives because they are continually threatened and are victims of violence, not only when they are living and/or working in the street but also when they are at home. Of particular concern is the alleged involvement of the State Civil Police in some of the alleged cases of violence and the lack of proper investigation of these cases by Guatemalan authorities.

Paragraph 258

It is recommended that the State party take, as a matter of the highest priority, all the necessary steps to prevent these serious violations of children’s rights and to ensure that they are properly investigated and that those responsible are brought to justice. In light of article 39, the State party is also invited to take all appropriate measures to ensure the physical and psychological recovery and social reintegration of child victims of torture and/or ill-treatment and to provide adequate compensation. International cooperation could also be sought in this regard.

Paragraph 263

The adoption of the Act on the Prevention, Punishment and Eradication of Domestic Violence in 1996, the creation of CONACMI and the conducting of national campaigns against child abuse are positive measures in line with the Committee’s previous recommendation. However, concern is expressed about the lack of data and appropriate measures, mechanisms and resources to prevent and combat domestic violence, including child physical and sexual abuse and neglect, and at the limited number of services for abused children, in particular in rural areas.

Paragraph 264

In light of article 19 of the Convention, the State party should undertake studies on domestic violence, ill-treatment and abuse, including sexual abuse, in order to understand the extent, scope and nature of these practices, adopt and effectively implement adequate measures and policies, and encourage changes in attitudes. It is also recommended that cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, be properly investigated within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy. Measures should also be taken to provide support services to children in legal proceedings, and for the physical and psychological recovery and social reintegration of the victims of rape, abuse, neglect, ill-treatment and violence. It is recommended that the State party seek, in this regard, international cooperation and technical assistance from, among others, UNICEF and WHO.

Paragraph 281

Concern is expressed about the significant number of children living in the streets and it is noted that assistance to these children is provided mainly by non-governmental organizations. Serious concern is expressed at allegations of rape, ill-treatment and torture, including murder for the purpose of “social cleansing”, of children living in the streets.

Paragraph 282

The State party should expedite the adoption of a National Plan for the Care of Street Children and ensure that children living in the streets are provided with nutrition, clothing, housing, health care and educational opportunities, including vocational and life-skills training, in order to support their full development. Moreover, the State party should ensure that these children are provided with rehabilitation services for physical, sexual and substance abuse; protection from police brutality; and services for reconciliation with their families. The State party is encouraged to seek additional international cooperation from, among others, UNICEF and WHO.

•          Côte d’Ivoire, CRC, CRC/C/108 (2001) 59 at paras. 318, 323 and 324.

Paragraph 318

The State party should take all necessary measures to improve the conditions of detention of children in prisons and to ensure that each case of violence and abuse is duly investigated in order to avoid impunity being enjoyed by the perpetrators.

Paragraph 323

While noting the establishment of a national committee to combat violence against women and children, the Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children. The Committee is also particularly concerned at the high level of domestic violence and at sexual abuse of girls in schools, which leads to a high rate of primary and secondary school drop-out. In addition, there is a lack of appropriate financial and human resources and a lack of adequately trained personnel to prevent and combat physical and sexual abuse.

Paragraph 324

In light of article 19 of the Convention, studies should be undertaken on domestic violence, ill-treatment and child abuse, including sexual abuse, in order to understand the scope and nature of these practices, to adopt effective measures and policies, and to contribute to changing attitudes. Cases of domestic violence and sexual abuse at schools should be properly investigated through a child-sensitive judicial procedure and the perpetrators should be sanctioned, with due regard for the right to privacy of the child. Appropriate weight should be given to children’s views in legal proceedings; support services should be provided to child witnesses in legal proceedings; provision should be made for the physical and psychological recovery and social reintegration of victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention; and measures should be taken to prevent the criminalization and stigmatization of victims. Technical assistance should be sought from, among others, UNICEF.

•          United Republic of Tanzania, CRC, CRC/C/108 (2001) 71 at paras. 396, 397, 407, 410, 411, 414 and 415.

Paragraph 396

The high and increasing incidence of sexual abuse of children, including within the family, is a matter of concern. Also of concern is the lack of awareness and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children and the insufficient financial and human resources allocated to programmes to prevent and combat all forms of abuse against children and to rehabilitate child victims in this regard.

Paragraph 397

Studies should be undertaken on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt adequate policies and contribute to changing traditional attitudes. The State party should consider introducing mandatory reporting of abuse, including sexual abuse of children. Cases of domestic violence, ill-treatment and abuse of children should be properly investigated within a child-sensitive judicial procedure and sanctions applied to the perpetrators, with due regard given to protecting the right to privacy of the child. In accordance with article 39 of the Convention, measures should be taken to ensure the rehabilitation of victims as well as the perpetrators. Efforts should also be made to prevent the criminalization and stigmatization of child victims of abuse. The State party is encouraged to continue its regional cooperation in combating all forms of violence against women and children. Technical assistance should be sought from, among others, UNICEF and UNDP.

Paragraph 407

The State party should establish mechanisms to ensure that children living and/or working on the streets are provided with nutrition, clothing and housing. Moreover, it should be ensured that these children are provided adequate access to health care; rehabilitation services for physical, sexual and substance abuse; services for reconciliation with their families; and education, including vocational and life-skills training. The State party should cooperate and coordinate its efforts with civil society and local communities.

Paragraph 410

Concern is expressed regarding the situation of abuse, including sexual abuse, and violence against girls in and around refugee camps.

Paragraph 411

All effective measures should be taken to ensure the adequate protection of refugee, asylum-seeking and unaccompanied children, especially girls, and further policies and programmes should be implemented to guarantee their adequate access to health, educational and social services.

Paragraph 414

Concern is expressed about the large and increasing number of child victims of commercial sexual exploitation and sex tourism, including prostitution and pornography. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation.

Paragraph 415

In light of article 34 and other related articles of the Convention, studies should be undertaken with a view to understanding the scope of commercial sexual exploitation and sex tourism, including prostitution and pornography, and implementing appropriate preventive policies and rehabilitative and social reintegration programmes for child victims. The State party should take into account the recommendations formulated in the Agenda for Action adopted at the 1996 World Congress against Commercial Sexual Exploitation of Children held in Stockholm.

•          Bhutan, CRC, CRC/C/108 (2001) 85 at paras. 462 and 463.

Paragraph 462

Noting the respect for children in Bhutan, concern is expressed that there is insufficient information and awareness of the ill-treatment of children in schools and within the family.

Paragraph 463

The State party should conduct a study to assess the nature and extent of ill-treatment of children, and design policies and programmes to address it. Legislative measures should be taken to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in institutions. Public education campaigns should be carried out about the negative consequences of ill-treatment of children and should promote positive, non-violent forms of discipline as an alternative to corporal punishment. The State party should also establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary; prosecute instances of ill-treatment, ensuring that the abused child is not victimized in legal proceedings; and train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases. The State party should seek assistance from, among others, UNICEF and WHO.