supporting inclusion, challenging exclusion
Concluding observations of the UN Committee on the Rights of the Child – extracts concerning inclusive education and disability, gender and ethnic background and related issues, 2002-2023
A
- Afghanistan
- Albania
- Algeria
- Andora
- Angola
- Antigua and Barbuda
- Argentina
- Armenia
- Australia
- Austria
- Azerbaijan
Afghanistan
“The Committee welcomes the National Strategy for Children with Disabilities (2008) and the Law on the Rights and Privileges of People with Disabilities and Martyrs' Families (2010), which should ensure access to education and health services, and promote the participation of children with disabilities. The Committee is however concerned about the limited measures taken so far to implement the law and the strategy, and in particular to collect reliable data on children and their disabilities and support families raising children with disabilities. The Committee also expresses serious concern at the extent of maltreatment of children with disabilities in families and institutions, including psychiatric medication and deprivation of education for the majority of children with disabilities, in spite of the goals set in the above-mentioned National Strategy for Children with Disabilities.
“The Committee recommends that the State Party strengthen its efforts to implement the National Strategy for Children with Disabilities (2008) and the Law on the Rights and Privileges of People with Disabilities and Martyrs' Families (2010) , and in particular:
(a) Collect data enabling analysis of the extent and nature of disabilities , and the conditions under which the children live ;
(b) Provide adequate financial, technical and educational support to families caring for children with disabilities in order to prevent their institutionalization;
(c) Make sure that children with disabilities are not exposed to violence or neglect , and carefully monitor all facilities which work with children with disabilities;
(d) Ensure access to education for all children with disabilities , and implement inclusive education by a realistic time-bound strategy which is effectively monitored;
(e) Ensure that the right of children with disabilities to participate in all measures of concern to them is respected;
(f) Take guidance from the Committee’s General comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9); and
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities.
“...The Committee is however concerned that almost half of the State party’s children are not enrolled in school, and that extreme gender disparity...
“The Committee recommends that the State party:
(a) Allocate increased resources to the education sector in order to expand, build and reconstruct adequate school facilities throughout the State party , and create a truly inclusive educational system welcoming children with disabilities a s well as children from all minorities…”
Albania
“The Committee is concerned about the situation of children with disabilities in the State party, most of them being totally excluded from mainstream society, kept isolated in their homes and living in situations of poverty at high risk of being ill-treated. The Committee notes with particular concern the poor implementation of the National Strategy on Disabled People and the absence of effective measures and strategies for children with disabilities to enjoy de facto their rights. The Committee is also concerned that:
(a) Early identification and early intervention services are lacking, a situation which has detrimental impact on the lives of children with disabilities and undermines their chances of inclusion in the society;
(b) Only children with the most serious disabilities receive financial support while children with mental, hearing and speech disabilities receive no support at all and that families having several children with disabilities receive financial support for only one of their children; and
(c) Most children with disabilities are deprived of their right to education.
“In the light of its general comment No. 9 (CRC/C/GC/9 , 2006) , the Committee recommends that the State party address as a matter of priority the situation of extreme marginalization of children with disabilities in the State party. In particular, the Committee recommends that the State party:
(a) Undertake long-term awareness - raising programmes in order to change and combat negative societal attitudes prevailing against children with disabilities;
(b) Set up mechanisms for early detection and multidisciplinary intervention services for children with disabilities and their families and take all the necessary measures to increase their access to preschool education;
(c) Ensure that all children with disabilities, including children with mental, hearing and speech disabilities receive proper financial support and care from the State and that support to families is no longer restricted to one child per family;
(d) Develop a comprehensive national strategy on disability, promoting the full enjoyment of all human rights and fundamental freedoms by all children with disabilities, with special focus on time - bound measures to ensure that children with disabilities access mainstream education; and
(e) Consider ratifying the Convention on the Rights of Persons with Disabilities.
“While the Committee welcomes the introduction of the “Second Chance” programme, it is concerned that only 3.2 per cent of the State party’s gross domestic product (GDP) was devoted to education in 2011…
“The Committee is also concerned that...
… (c) There are barriers to accessing education for children lacking birth registration and identity documents, including Roma children, children with disabilities, children from remote areas and children with HIV/AIDS…
“In the light of its general comment No. 1 (CRC/GC/2001/1), the Committee urges the State party to significantly increase its budgetary allocations to the education sector. The Committee also urges the State party to take all necessary measures to…
… (d) Ensure effective access to education to children with disabilities children, children infected by HIV/AIDS, Roma children and pregnant girls;
(e) Ensure that Roma children, children with disabilities, children of single mothers and households classified as poor have priority access to comprehensive preschool programmes to facilitate early learning and socialization and ensure adequate funding for an effective implementation of policies which encourage their enrolment in preschool education;
(31 March 2005, CRC/C/15/Add.249, Concluding observations on initial report, paras. 52, 53, 61 and 64)
"The Committee welcomes the establishment of an inter-ministerial group to develop a National Strategy for Persons with Disabilities, but remains concerned at the large number of children with disabilities who are institutionalized, are not included in the mainstream education system, or are without education at all, and at the general lack of resources and specialized staff for these children....
"The Committee encourages the State party to actively pursue its current efforts and continue:
a) to review existing policies and practices in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and of the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (see CRC/C/69, paras. 310-339);
b) to pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate their inclusion in the mainstream education system....
"The Committee urges the State party: ...
b) to devise more child-sensitive methods to combat repetition and reduce dropout rates and to address the causes thereof, with a view to preventing such occurrences and achieving universal attendance; particular attention in this respect should also be given to the situation of girls....
"The Committee welcomes the progress made in establishing a clearer legal framework governing the treatment of refugees and the prevention of statelessness, including the progress made in securing access by all refugee and asylum-seeking children to Albanian schools...."
Algeria
(22nd June 2018, CRC/C/OPAC/DZA/CO/1, Concluding observations on the report submitted by Algeria under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 17, 18, 23, 24, 35 and 36) - 78th Session
“The Committee notes that the National Body for the Protection and Advancement of Children is mandated to establish a national information system to monitor the situation of children in Algeria. It is, however, concerned about the absence of data relating to the implementation of the Optional Protocol, including data on asylum-seeking, refugee, migrant and unaccompanied children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee urges the State party to establish a centralized mechanism for the comprehensive collection of information and statistical data, disaggregated by age, sex, nationality and ethnic origin, on the implementation of the Optional Protocol, and for the identification and registration of all children under its jurisdiction who may have been recruited or used in hostilities abroad, including asylum-seeking, refugee, migrant and unaccompanied children.”
“The Committee notes the measures taken by the State party to prevent radicalization and recruitment into violent extremist groups. It is, nevertheless, concerned that measures to address the leading factors in the recruitment of children by non-State armed groups, notably poverty, a lack of education and economic opportunities, discrimination against certain ethnic and religious minorities and a lack of proper birth registration for children born to unmarried parents, asylum-seeking, refugee and stateless children, including sub-Saharans and Sahrawis and children of suspected terrorists born in the maquis, have proved insufficient.”
“The Committee urges the State party to develop a strategy to tackle the growing problem of extremism and radicalization in order to ensure that no children on its territory are recruited by non-State armed groups and to:
(a) Address the root causes of the recruitment of children by armed groups and launch a public information campaign to ensure that communities are aware of the dangers of child recruitment and how to protect their children from it;
(b) Pay particular attention to the prevention of the recruitment of children in vulnerable situations, and increase the security and protection of civilian populations in border areas, in particular by controlling borders effectively and strengthening cross-border frameworks of cooperation with neighbouring countries.”
“The Committee expresses serious concern at the numerous cases of refoulement and collective expulsion of refugee, asylum-seeking and migrant children and at the lack of mechanisms for ensuring the early identification of those who may have been recruited or used in hostilities abroad…”
“The Committee recommends that the State party:
(a) Comply with the principle of non-refoulement and the prohibition against arbitrary and collective expulsions;
(b) Provide systematic training on the early identification of refugee, asylum-seeking and migrant children who may have been recruited to serve in armed conflicts to all professionals working with or for children, particularly to immigration personnel, law enforcement officers, judges, prosecutors, social workers and medical professionals;
(18 July 2012, CRC/C/DZA/CO/3-4, Concluding observations: Algeria, paras. 55, 56, 63 and 64)
“The Committee reiterates its concern (CRC/C/15/Add.269, para. 53) that social stigma, fears and misconceptions surrounding children with disabilities remain strong in society, leading to the marginalization and alienation of these children. The Committee is also concerned that in the absence of an inclusive education policy in the State party, children with disabilities rarely access mainstream education and that although integrated classes reportedly exist for children with visual impairments, these classes are in fact specialized classes placed in ordinary schools. The Committee is also concerned that:(a) There are no specialized teachers for children with intellectual impairment in the State party which deprive those children of any access to education;
(b) The lack of a transportation system for pupils with disabilities and the lack of accessibility of school buildings are major obstacles to their integration into mainstream schools;
(c) Mainstream school teachers are not trained to support children with disabilities and that there is lack of personnel to provide individual support to children with disability in the classrooms;
(d) Children with multiple disabilities are not accepted in specialized centres and are therefore totally deprived of any educational opportunities; and
(e) Programmes and support provided to children with disabilities in specialized centres are obsolete.
“The Committee reiterates its previous recommendations ( CRC/C/15/Add.269 , para. 54). The Committee urges the State party to review the situation of children with disabilities in terms of their access to suitable health - care and education services and adopt as a matter of priority a comprehensive policy to develop inclusive education. In this regard, the Committee urges the State party:
(a) To promote the social and human rights based approach which acknowledges that the disabling factors reside in the environmental and attitudinal barriers created by society, and that all children with disabilities are subjects of their own rights , and undertake awareness - raising campaigns aimed at the government, public and families to promote the positive image of children and adults with disabilities and their role as active participants and contributors to society ;
(b) To ensure that the development of inclusive education is given priority over the placement of children in specialized institutions, paying particular attention to children with mental and multiple disabilities;
(c) To provide sufficient numbers of specialist teachers and professionals providing individual support into all schools and ensure that all professionals are adequately trained so that all children with disabilities can effectively enjoy their right to quality inclusive education ;
(d) To ensure transportation and support in classrooms, and the accessibility of educational materials, curricula, and school environments;
(e) To ensure that enforceable remedies are provided to children with disabilities and their families who have been refused access to inclusive education, or who have been denied the provision of reasonable accommodation with respect to education;
(f) To consider ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities; and
(g) To take guidance from the Committee 2006 general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9).”
(12 October 2005, CRC/C/15/Add.269, Concluding observations on second report, paras. 54, 62, 64, 65, 66, 67, 73 and 84)
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures: ...
c) to provide children with disabilities with access to adequate social and health services, quality education, the physical environment, information and communication; ...
e) to ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers, are adequately trained.
“The Committee welcomes the fact that all children aged 6 to 16 years, including non-national children, are entitled to compulsory and free education without any discrimination. While noting with appreciation the generally increasing literacy rates among youth, the Committee is concerned that the literacy rate of girls does not keep pace with the increasing literacy of boys.
“While commending the State party for its efforts to increase enrolment in primary education, the Committee is concerned about the disparities in the enrolment rate between wilayas and the high repetition rates....
“The Committee notes with appreciation the State party’s efforts to address gender disparities in education, inter alia through implementing a literacy programme for women and girls (Projet d’alphabétisation de la femme et de la jeune fille, 1990-2002) and eliminating boarding school fees for girls. Nevertheless, the Committee remains concerned about the findings of an inter-wilaya analysis which reveals persisting gender disparities in the gross enrolment ratio for girls.
“With regard to access to quality education by nomadic children having a pastoral lifestyle, the Committee refers to its previous recommendation made upon the consideration of the State party’s initial report and regrets that the State party’s second periodic report lacks information about this issue. The Committee is deeply concerned that the State party is not able to meet the educational needs of nomadic children.
“The Committee recommends that the State party allocate adequate financial, human and technical resources in order to: ...
e) take effective measures to address gender disparities in education, for example by expanding literacy programmes for women and girls and developing and adopting a gender-specific education strategy, including scholarship programmes for girls living in rural areas; ...
g) provide nomadic children with access to quality education through flexible models of education such as mobile schools and distance learning programmes...
“In light of article 22 and other relevant provisions of the Convention, the Committee recommends that the State party take all feasible measures to ensure full protection and care, as well as access to health and social services and to education, of Western Saharan refugee children living in refugee camps in Algeria, and in this respect continue its cooperation with, among others, UNHCR and WFP.
“In light of article 30 of the Convention, the Committee recommends that the State party continue and strengthen its efforts to protect and promote the identity and the rights of the Amazigh children, including by allocating adequate human and financial resources for the teaching of the Amazigh language, Tamazight, in schools....”
Andora
“The Committee notes with appreciation the significant legislative, institutional and policy measures taken to ensure that children with disabilities enjoy the same protection and rights as other children in the State party. However, it is concerned that children with disabilities continue to experience social discrimination.
“Taking into account its general comment No. 9 (2006) , the Committee recommends that the State party:
(a) Reinforce efforts to raise awareness and sensitize the public about rights and special needs of children with disabilities, including children with mental health concerns to help remove cultural and social barriers;
(b) Increase budget allocations to provide children with disabilities with equal access to adequate social and health services, including psychological support , counsel l ing services, parental guidance for families of children with disabilities, and tailored services for children with learning difficulties and behavioural disorders, and raise awareness about all services available.”
Angola
(29th June 2018, CRC/C/OPAC/AGO/CO/1, Concluding observations on the report submitted by Angola under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 16, 17, 26 and 27 ) - 78th Session
“The Committee acknowledges the information provided by the State party that 11 children within its territory, who had reportedly been recruited by militias in the Democratic Republic of the Congo, have been registered. It is, however, concerned that there are no comprehensive data on migrant, refugee and asylum-seeking children, including unaccompanied or separated children, who enter the State party and who may have been recruited or used in hostilities abroad or who are otherwise victims of practices prohibited under the Optional Protocol. The Committee is further concerned about the lack of information regarding the use of children in Cabinda Province by armed groups associated with the Front for the Liberation of the State of Cabinda and associated separatist armed groups during the civil war. The Committee is aware that practices such as the abuse of girls as porters, domestic workers or sex slaves are regrettably common in the context of children in armed conflict and notes that the State party denies any knowledge of that within its territory.”
“The Committee recommends that the State party establish a centralized mechanism for the comprehensive collection of data, disaggregated by sex, age, nationality and ethnic origin, on all children who may have been recruited or used in hostilities by non-State armed groups within its territory and abroad, including asylum-seeking, refugee, migrant and unaccompanied children, with a view to their identification and registration. It also recommends that the State party encourage girl victims of abuse during armed conflict to come forward, and that it provide them with compensation or other services. The Committee requests that the State party provide information on the implementation of this recommendation in its next periodic report.”
“The Committee welcomes the protection and assistance provided by the State party, in cooperation with United Nations agencies, to unaccompanied or separated children having entered its territory from the Kasai region in the Democratic Republic of the Congo. It is, however, concerned at the overall lack of effective mechanisms to identify, at an early stage, refugee, asylum-seeking and migrant children, including unaccompanied children, who enter the State party and who may have been recruited or used in hostilities. The Committee is particularly concerned that the State party has only identified 11 children as child soldiers from the group of almost 32,000 people who have fled the Kasai region and entered the State party. The Committee is also concerned that there are 210 children below the age of 5 in residential shelters.”
“The Committee recommends that the State party:
(a) Put in place mechanisms to identify, at an early stage, refugee, asylum-seeking or migrant children, including unaccompanied children, coming from countries with past or current armed conflicts and who may have been involved in hostilities;
(b) Ensure that the personnel responsible for such identification are trained in children’s rights, child protection and interviewing skills;
(c) Develop protocols and specialized services to ensure that such children are provided with appropriate assistance for their physical and psychological recovery and social reintegration;
(d) Ensure that unaccompanied or separated foreign children in the jurisdiction of the State party who have been involved in armed conflict are treated in accordance with paragraphs 54 to 60 of the Committee’s general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin. In particular, the State party should consider family-based care, including foster care or adoption, for the 210 children aged under 5 currently living in shelters.”
(27 June 2018, CRC/C/AGO/CO/5-7, Concluding observations on the combined fifth to seventh periodic reports, paras 15, 26, 34 and 35) - 78th Session
“The Committee urges the State party to continue and strengthen its activities to combat discrimination, in particular with regard to children with disabilities, pregnant girls, children with HIV/AIDS, San children, lesbian, gay, bisexual, transgender and intersex children and children in street situations, who are still exposed to discriminatory attitudes and behaviours.”
“The Committee commends the State party’s efforts to ensure the implementation of the rights of children with disabilities. Recalling its previous recommendations (see CRC/C/AGO/CO/2-4, para. 48) and taking into account its general comment No. 9 (2006) on the rights of children with disabilities and target 4.5 of the Sustainable Development Goals on ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, the Committee recommends that the State party:
(a) Pursue and strengthen its programmes and services for all children with disabilities aimed at enhancing their social inclusion, and ensure in particular their access to health and social services, inclusive education and vocational training so that they can participate actively in the community;
(b) Increase human, financial and material resources to develop inclusive education and ensure that it is given priority over the placement of children in specialized institutions and classes, and invest in the development of the professional skills of children with disabilities;
(c) Continue building the capacity, including through training, of all professionals working with children with disabilities, including teachers, social workers, medical personnel and paramedics;
(d) Intensify measures, including awareness-raising, to combat the stigma attached to children with disabilities, including children with psychosocial or intellectual disabilities, and to encourage parents of children with disabilities to support the fullest possible social integration and individual development of their children.”
“The Committee recognizes the State party’s efforts regarding education and training, which led to a sharp increase in the number of students attending preschool, primary and secondary school, and an increase in the gross enrolment rate in primary and secondary schools from 13.19 per cent in 2014 to 97.5 per cent in 2016. With reference to its general comment No. 1 (2001) on the aims of education and target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, and recalling its previous recommendations (see CRC/C/AGO/CO/2-4, para. 60), the Committee recommends that the State party:
(a) Expedite the adoption of the draft early childhood development policy;
(b) Increase enrolment in schools by overcoming obstacles for out-of-school children, including by waiving fees for educational materials, eradicating the practice of paying bribes to education officials to secure placement, providing greater secondary school opportunities in rural areas and developing alternative education strategies, including through context-adapted curricula, to improve parents’ perception of the value of education;
(c) Develop durable solutions, including by expediting the approval of the draft policy on teacher training, improving school management, providing supportive supervision to teachers and adopting strategies to motivate and retain teachers in rural areas and to address the reported root causes of children dropping out of school, such as gender-based violence in schools, child marriage, teenage pregnancy, poor preparation for schooling, a lack of teachers, poor teaching quality, insufficient access to educational materials, lack of water and sanitation and overcrowded schools;
(d) Ensure the allocation of sufficient and adequate human, technical and financial resources to the education system, in particular in rural areas, for girls and for children from the State party’s nomadic population.”
“While noting the adoption of Law No. 3/14 on Crimes Underlying Money Laundering in 2014, which prohibits the use of child labour and establishes the Office of the Labour Inspector General, and Presidential Decree No. 30/17, which establishes a list of 57 hazardous occupations and activities that cannot be carried out by children, the Committee remains concerned that child labour is still highly prevalent in the State party, especially in rural areas. Recalling its previous recommendations (see CRC/C/AGO/CO/2-4, para. 66), the Committee recommends that the State party:
(a) Further strengthen the institutional structures and mechanisms to protect children from economic exploitation, including the worst forms of child labour…
(e) Further engage with international donors, agencies, civil society organizations and the business sector to combat child labour and economic exploitation, particularly for disadvantaged children, girls, children in street situations, orphans and children involved in drug and substance abuse, who are at risk of becoming engaged in the worst forms of child labour;
(f) Build the awareness of teachers about the risks of child labour with a view to keeping children in school…”
(19 October 2010, CRC/C/AGO/CO/2-4, Concluding observations: Angola, paras. 28, 29, 47, 48 and 76)
“The Committee welcomes the fact that the new Constitution contains an article on non-discrimination that explicitly includes children with disabilities and recognizes the efforts of the State party to combat discrimination, but is concerned about ongoing discrimination against children with disabilities [...] due to traditional attitudes in society…
“The Committee urges the State party to continue and strengthen its activities undertaken to combat discrimination, in particular with regard to children with disabilities [...] who are still exposed to ongoing discriminatory attitudes and behaviours...
“The Committee notes that that the Constitution acknowledges the rights of children with physical and mental disabilities to live “full and decent lives” without discrimination based on their disability. The Committee also notes that programmes are carried out to care for persons with disabilities and to ensure their social inclusion. However, the Committee remains concerned that there is still resistance to the full integration of persons with disabilities in society, that legislative and policy gaps in the protection of the rights of children with disabilities remain and that professional staff working with children with disabilities may not be adequately trained. The Committee also notes with regret that the State party has not yet ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee recommends that the State party:
(a) Ensure full implementation of, and, if necessary create additional, legislation and policies for the protection of the rights of children with disabilities;
(b) Continue and further strengthen its programmes and services for all children with disabilities in order to ensure that appropriate care, protection and inclusive education are provided to these children and that they can actively participate in the community. In this regard, the State party should make certain that such services receive adequate human and financial resources;
(c) Provide adequate training for professional staff working with children with disabilities, such as teachers, social workers and medical, paramedical and related personnel;
(d) Consider signing and ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
(e) Take into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006 ) on the rights of children with disabilities.
“The Committee encourages the State party to consider ratifying:
(d) The Convention on the Rights of Persons with Disabilities,”
(1 October 2010, CRC-C-AGO-CO-2-4 Concluding observations: Angola Paras. 47, 48, 59 and 60.)
“The Committee notes that that the Constitution acknowledges the rights of children with physical and mental disabilities to live “full and decent lives” without discrimination based on their disability. The Committee also notes that programmes are carried out to care for persons with disabilities and to ensure their social inclusion. However, the Committee remains concerned that there is still resistance to the full integration of persons with disabilities in society, that legislative and policy gaps in the protection of the rights of children with disabilities remain and that professional staff working with children with disabilities may not be adequately trained. The Committee also notes with regret that the State party has not yet ratified the Convention on the Rights of Persons with Disabilities and its Optional Protocol.”
“The Committee recommends that the State party:
(a) Ensure full implementation of, and, if necessary create additional, legislation and policies for the protection of the rights of children with disabilities;
(b) Continue and further strengthen its programmes and services for all children with disabilities in order to ensure that appropriate care, protection and inclusive education are provided to these children and that they can actively participate in the community. In this regard, the State party should make certain that such services receive adequate human and financial resources;
(c) Provide adequate training for professional staff working with children with disabilities, such as teachers, social workers and medical, paramedical and related personnel,;
(d) Consider signing and ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
(e) Take into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
“The Committee notes with interest the National Education for All Plan, which seeks to broaden access to primary and secondary education as well as the 2006-2015 Integrated Strategies to Improve the Education System in terms of Gender, Literacy and Rehabilitation of Children Left Behind, and a back-to-school campaign. The Committee is concerned that despite recent increases in budget allocations to education, the budget of the education sector remains inadequate, which also slows down efforts to rehabilitate the many schools destroyed in the war. The Committee is also concerned at:
(a) The high number of children not enrolled in primary school and the high dropout rate of those who are enrolled;
(b) The low attendance in secondary school;
(c) The shortage of properly trained and qualified teachers,
(d) The lack of appropriate teaching-learning materials and textbooks.
(e) Reports of violence and sexual harassment by teachers or other students in many schools despite the development of child-friendly schools as models;
(f) The limited existence of early childhood education programmes;
(g) The absence of human rights education in the school curricula.”
“The Committee recommends that the State party:
(a) Take steps to ensure universal enrolment in primary school for both boys and girls and to increase attendance of secondary schools;
(b) Strengthen efforts to prevent children from dropping out and reintegrate those children who have dropped out before completing primary school;
(c) Take steps to ensure, by the construction of new schools and the rehabilitation of destroyed schools, that there are an adequate number of schools and classrooms within communities and that these schools and classrooms have gender sensitive sanitation facilities;
(d) Improve the quality of education through, inter alia, ensuring that teachers are well-trained and fully qualified, curricula updated and appropriate teaching-learning materials and textbooks available in all schools and classrooms;
(e) Make sure that, following the end of compulsory education at age 12, vocational training facilities are available;
(f) Protect children, in particular girls, against violence and sexual harassment in school practiced by teachers and other students;
(g) Take steps to ensure the integration of human rights, in particular the rights of the child, into school curricula at all levels;
(h) Increase budget allocations for education, so that plans and strategies can be implemented with adequate personnel and material resources;
(i) Raise awareness of the general public about early childhood education and ensure that early childhood education facilities are also provided with the necessary resources so that they are adequately staffed and furnished; and
(j) Take into account the Committee's general comment No. 1 (2001) on the aims of education.”
(3 November 2004, CRC/C/15/Add.246, Concluding observations on initial report, paras. 40, 41, 52 and 53)
“The Committee ... regrets the lack of official data on the number of children with disabilities and the lack of care facilities for these children, especially in rural areas, and the fact that a large number of children with disabilities do not attend any form of education.
“In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures: ...
c) to provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities in regular schools....
“... The Committee notes with concern, however, the very low enrolment of children in pre-school and primary school and the even lower enrolment in secondary school, in particular of girls. It is also concerned about the marked disparities in enrolment between rural and urban areas....
“The Committee urges the State party to take all necessary measures: ...
f) to prevent and eliminate gender and urban-rural disparities in school attendance and completion rates;
g) to undertake campaigns to instil awareness among parents of the importance of sending their children, particularly girls, to school....”
Antigua and Barbuda
(30 June 2017, CRC/C/ATG/2-4, Concluding observations on the combined second to fourth periodic reports, Paras. 20, 21, 38, 39 and 50) - 75th session
“The Committee welcomes the adoption of the revised Status of Children Act (2015) as a means of eliminating stigma against children born out of wedlock. However, it remains concerned that the grounds for constitutional protection from discrimination are not in full compliance with article 2 of the Convention and that no additional legislation exists that explicitly prohibits all forms of discrimination. It is also concerned that some groups of children, in particular children with disabilities, children living in poverty, children of migrant parents and informally adopted children, suffer from discriminatory attitudes and disparities in accessing basic services.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to eradicate all discriminatory policies and practices with a view to ensuring that children enjoy all the rights set out in article 2 of the Convention;
(b) Continue and strengthen its anti-discrimination awareness-raising and public education campaigns in relation to children of migrant parents, children with disabilities and informally adopted children, and those living in socially and economically disadvantaged families;
(c) Enact comprehensive anti-discrimination legislation with effective enforcement mechanisms that prohibit discrimination on all grounds.”
“While noting the State party’s efforts to address the needs of children with disabilities, the Committee is deeply concerned that:
(a) The absence of a standard legal definition of a child with a disability, combined with the lack of reliable data and of a national policy on children with disabilities hinders the delivery and evaluation of services for them;
(b) There is no explicit legal provision mandating the provision of services for children with disabilities or their access to public buildings, public spaces and all service delivery areas;
(c) Full inclusion of children with intellectual and psychosocial disabilities remains unsatisfactory owing to a shortage of trained specialists, including speech therapists, mental health professionals and psychologists;
(d) There is a reliance on special schools and inadequate attention to the inclusion of children with disabilities in regular schools, while an insufficient number of teachers have the skills required to ensure an inclusive education.”
“With reference to general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Enhance data collection on children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention;
(b) Reform the system of social assistance for children with disabilities and their families in order to improve its coherence and coordination and avoid institutionalization;
(c) Take measures to facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, including in leisure activities, in community-based care and in the provision of social housing;
(d) Promote inclusive education by training and assigning specialized teachers and professionals to inclusive classes, providing individual support and due attention to children with learning difficulties, and address the shortage of speech therapists and qualified professionals for children with intellectual and psychosocial disabilities;
(e) Undertake awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities.”
“Taking note of Goal 4 and, in particular, targets 4.1 and 4.2, of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Further strengthen its efforts to improve access to quality education for all children, including access to preschool and to secondary and higher education;
(b) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development;
(c) Fully implement the Education Sector Development Plan with the aim of realizing children’s rights to access, participate in and benefit from the outcomes of quality educational and early childhood services.”
(3 November 2004, CRC/C/15/Add.247, Concluding observations on initial report, paras. 49, 50, 57, 58 and 59)
“While noting the existence of the State-run special programme, institutions and special units for children with disabilities and the “Early Intervention Programme” instituted in 1990, and the information that making public buildings accessible for persons with disabilities is under consideration, the Committee remains concerned at the lack of: ...
d) full integration of children with disabilities into the regular schooling system.
“The Committee recommends that the State party: ...
b) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities, and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
c) in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; ...
e) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.
“The Committee ... remains concerned about a variety of problems, including: shortage of schools and overcrowding; material shortages in schools; equality of access to education; drop-out of boys. The Committee is also concerned that, owing to the entrance examination system, not all students are guaranteed entry into the free public secondary schools.
“The Committee is also concerned that a significant number of pregnant teenagers do not generally continue their education, and that the Golden Opportunity Programme initiated by the Ministry of Education seems to have had little success. The Committee is also concerned that girls and young women are often forced to leave school because of pregnancy.
“The Committee recommends that the State party carefully examine the budgetary allocations for and measures taken within the field with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party:
a) take further measures to facilitate access to education by children from all groups in society by, inter alia, building more schools, improving the provision of school materials, and abolishing the entrance examination system so as to guarantee all students access to public secondary schools; ...
c) provide education opportunities for pregnant teenagers....”
Argentina
(1st October 2018, CRC/C/ARG/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 14, 29, 35, 36 and 37) - 78th Session
“The Committee recognizes the adoption of anti-discrimination legislation and the development of a national plan against discrimination. It remains deeply concerned, however, at reports of persisting de facto discrimination, social exclusion and physical, sexual and psychological abuse of children on the grounds of disability, indigenous origin and socioeconomic status. In this regard, the Committee reiterates its previous recommendations (CRC/C/ARG/CO/3-4, para. 33), and urges the State party:
(a) To ensure full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards indigenous children, children with disabilities, minority children,
(b) children from migrant backgrounds, and lesbian, gay, bisexual, transgender and intersex children;
(b) To ensure that children living in rural areas and in indigenous communities are not discriminated against in their access to quality education, adequate health care and housing;
(c) To introduce a unit within the National Institute against Discrimination, Xenophobia and Racism to address cases of discrimination against children;
(d) To ensure that all cases of discrimination against children are addressed effectively, including by disseminating accessible information about what constitutes discrimination, establishing disciplinary, administrative or, if necessary, penal sanctions, and guaranteeing children’s access to psychosocial and legal counselling in cases of discrimination.”
“Welcoming the establishment of the national disability agency under Decree No. 698/2017, the Committee refers to its general comment No. 9 (2006) on the rights of children with disabilities, and urges the State party to implement fully a human rights-based approach to disability, and recommends that it:
(a) Incorporate a disability perspective into Act No. 26061 and the system for the comprehensive protection of children’s and adolescents’ rights;
(b) Expedite the second national accessibility plan, and ensure its implementation with regard to the inclusion of children with disabilities;
(c) Ensure equal access to good-quality inclusive education in mainstream schools for children with disabilities, and prioritize inclusive education over the placement of children in specialized institutions and classes;
(d) Establish appropriate channels through which appeals against education placement decisions may be lodged;
(e) Organize the collection of data on children with disabilities, increase resources in mainstream schools to match the diversity of students, and develop an efficient system for identifying the individual support needs of children;
(f) Take comprehensive measures to address existing differences between provinces in the context of the transformation to an inclusive education system;
(g) Provide high-quality ongoing training for all education personnel in mainstream classes, and ensure the provision of sufficient individual support for and due attention to children with learning difficulties;
(h) Ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(i) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat stigmatization of and prejudice against children with disabilities and promote a positive image of such children as rights holders;
(j) Intensify efforts to put an end to discrimination against children with disabilities, and ensure that they are covered by health insurance schemes and receive the services and benefits, such as pensions and housing, to which they are entitled.”
“The Committee is seriously concerned that levels of multidimensional poverty and child poverty remain high, while social protection systems available to children are limited, in particular during early childhood and for indigenous children, children with disabilities and children living in remote areas. It is also concerned that the financial crisis has had a negative impact on the social protection systems in the State party, resulting in insufficient coverage and delays in the processing of benefit allowances for children and their families, particularly at the provincial level. It is further concerned about cases of children living in housing of substandard quality and with limited access to basic services, such as clean and safe drinking water and sanitation, particularly indigenous children and children with a migrant background.”
“The Committee draws attention to target 1.3 of the Sustainable Development Goals on implementing nationally appropriate social protection systems and measures for all, and recommends that the State party strengthen comprehensive social protection policies for children and their families, with a specific focus on children and families at risk and in most need of support. It also recommends that the State party:
(a) Strengthen the support available to children living below the poverty line, in particular those in single-parent families, families with three or more children, families with children with disabilities and families of indigenous children, and ensure that social protection measures cover the real costs of a decent standard of living for children, including expenses relevant to their right to health, a nutritious diet, education, adequate housing, water and sanitation…”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee urges the State party to foster a national dialogue on the basic and structural characteristics of the education system and to protect resources dedicated to education and training for children in all provinces. The Committee also recommends that the State party:
(a) Allocate sufficient financial resources for the development and expansion of early childhood education, on the basis of a comprehensive and holistic policy of early childhood care and development, and strengthen measures to increase access to school places and support across all provinces, particularly for children between 3 and 4 years of age;
(b) Guarantee access to high-quality mandatory education for all children, including coverage of related indirect costs;
(c) Actively develop measures to ensure that indigenous children and children with migrant backgrounds have adequate support to remain in school and ensure equal access to high-quality education;
(d) Take measures to tackle the high school dropout rate, especially in secondary education, bearing in mind the barriers to access to education owing to socioeconomic inequalities;
(e) Establish a strategy to combat bullying and harassment, including cyberbullying, that encompasses prevention, early detection mechanisms, the empowerment of children and professionals, intervention protocols and harmonized guidelines for the collection of case-related data;
(f) Seek technical cooperation from UNICEF.”
(11 June 2010, CRC/C/ARG/CO/3-4 Concluding Observations: Argentina Paras. 8, 31, 32, 55, 56, 65, 66, 67, 68 and 69)
“The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the second periodic report that have not yet been implemented or sufficiently implemented. These include such issues as … multicultural education (para. 57), … as well as to provide adequate follow-up to the recommendations contained in the present concluding observations on the third and fourth report.”
“The Committee notes Decree No. 1086/2005 establishing a national plan against discrimination. While welcoming the State party’s effort to favour disadvantaged children, to establish programs to promote bilingual and intercultural education for indigenous children and health program focusing on the needs of indigenous children, the Committee is nevertheless concerned at persistent reports of discrimination, social exclusion and physical, sexual and psychological abuse of indigenous children, , amounting to around 3 to 5% of the total population in the country.”
“… The Committee further requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account General comment No.1 (CRC/GC/2001/1) on the aims of education.”
“The Committee welcomes efforts of the State party to implement the rights of children with disabilities to education, by improving standards of special education as a part of educational system. It notes with concern that only 42 % of children with disabilities below the age of 14 years have health insurance. The Committee further notes with concern that children with disabilities are often victims of discrimination, including economically due to, inter alia, unresolved pension issues and access to housing. The Committee is also concerned at insufficient efforts to equip all professionals working with children with disabilities, during training programs, with all needed knowledge and skills, with special focus on inclusive education.”
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party:
(a) Ensure that children with disabilities are included in the system of education and health insurance plans;
(b) Take all necessary measures to ensure the implementation of legislation providing services for children with disabilities and consider adopting specific legislation on the issue;
(c) Continue and further strengthen its programmes and services for all children with disabilities, including through the development of early identification programmes, to cover all children with disabilities in need of its services and special education as part of the school curriculum. In this regard, the State party should ensure that such services receive adequate human and financial resources;
(d) Enhance and broaden training for professional staff working with children, such as medical, paramedical and related personnel.”
“The Committee notes with appreciation adoption of Law No. 26.206, on National Education, preceded by an ample national debate, as well as the objective to reach 6% of GDP for education. The Committee welcomes in particular that compulsory secondary and pre-school education is introduced, expressly acknowledging that ¨education is a personal and social right to be guaranteed by the State¨. The Committee also notes the scholarship programme to favour inclusion of adolescents, the construction of new schools and the distribution of computers in secondary schools.”
“The Committee, nevertheless, observes that there is still a significant number of adolescents who drop out and that there are insufficient measures to ensure a child’s transition from school to employment. This affects in particular indigenous adolescents living in extreme poverty. Furthermore, the Committee notes that the proportion of children with disabilities receiving special education is growing (78% of those between the age of 3 and 17 years), nevertheless, it regrets that only 53 % are integrated into regular educational facilities. The Committee further regrets the absence of reliable information regarding the number and reasons for drop out, especially of pregnant girls.”
“The Committee recommends that the State party, taking into account its General comment No. 1 (CRC/GC/2001/1) on the aims of education:
Reduce disparities across the provinces, particularly those related to children with disabilities, indigenous children and pregnant girls, in access to education and full enjoyment of the right to education;
a. Invest additional resources in order to ensure the right of all children to a truly inclusive education;
b. Take all measures to ensure that children complete their schooling, taking concrete action to address the reasons behind non-completion of schooling and take measures to ensure children’s transition from school to employment;
c. Expand and improve the quality of vocational education and training for children, including for those who have left school without certificates, enabling them to acquire competencies and skills in order to enhance their work opportunities;“The Committee notes the study carried out in the State party on incidents of violence in schools and associated institutions. It expresses concern at the high levels of children having been exposed to incidents of violence or physical and other kinds of aggression, including bullying among children.” “The State party should take urgent measures to protect children from exposure to violence or physical and other aggression, including bullying among children in educational facilities.”
(9 October 2002, CRC/C/15/Add.187, Concluding observations on second report, paras. 29, 53, 56 and 57)
“The Committee is concerned that the principle of non-discrimination is not fully implemented for children living in poverty, indigenous children, children of migrant workers, primarily those from neighbouring countries, street children, children with disabilities and marginalized adolescents who are neither studying nor working, especially with regard to their access to adequate health care and educational facilities.
“In light of article 23 of the Convention, the Committee recommends that the State party: ...
f) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and their inclusion into society, including by providing special training to teachers and by making schools more accessible.
“The Committee, while noting the increase in school enrolment for both primary and secondary education, remains concerned at the limited access to education and at the high drop-out and repetition rates, especially at secondary school level, which affect, in particular, children from marginalized urban and rural areas, indigenous children and children from migrant families, particularly illegal migrants....
“In light of articles 28 and 29 of the Convention, the Committee recommends that the State party: ...
b) enforce the Social Plan of Education in order to ensure regular attendance at school and the reduction of drop-out rates, especially with regard to the most vulnerable children....”
Armenia
(8 July 2013, CRC/C/ARM/CO/3-4, Concluding observations on the combined third and fourth periodic reports of Armenia, adopted by the Committee at its sixty-third session, paras. 45, 46 (27 May – 14 June 2013)
Education, leisure and cultural activities (arts. 28, 29 and 31 of the Convention)
Education, including vocational training and guidance
The Committee welcomes that children belonging to minority groups have access to education and textbooks in their mother tongue. However the Committee remains concerned that:
(a) The poor infrastructure for schools, in particular pre-primary schools, including poor heating and poor water and sanitation remain a problem;
(b) The quality of education remains poor and there is a low demand for professional teachers;
(c) There is a high number of dropouts from schools after the primary education;
(d) Study of the dominant religion in the country is a compulsory subject in the curriculum of schools.
Taking into account its general comment No. 1 (2001) on the aims of education , the Committee recommends that the State party:
(a) Invest in improving the school infrastructure, including access to heating, safe water and sanitation, in particular for buildings of pre-primary schools;
(b) Allocate adequate human, technical and financial resources for improving teacher training and establish strict qualification requirements for those working as teachers;
(c) Undertake a study on the root causes of dropouts from schools and provide incentives for children to continue their education in secondary school;
(d) Revise the curriculum of schools in order to reflect the freedom of religion of all children and eliminate the compulsory subject of the History of Armenian Church from the curriculum.
(26 February 2004, CRC/C/15/Add.225, Concluding observations on second report, paras. 43, 44, 54 and 55)
“The Committee remains concerned at the prevailing poor situation of children with disabilities, who are often institutionalized. Furthermore, while noting the measures taken to enable children with disabilities to receive instruction within regular schools, the Committee regrets that access by children with disabilities to mainstream and special education remains limited.
“Reiterating its previous recommendations, and in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee encourages the State party to make greater efforts to implement alternatives to the institutionalization of children with disabilities, including community-based rehabilitation programmes. The Committee also encourages the State party to strengthen ongoing efforts to integrate children with disabilities into mainstream education. The Committee also reiterates its recommendation that awareness-raising campaigns focusing on prevention, inclusive education, family care and the promotion of the rights of children with disabilities be undertaken, and that adequate training be made available to persons working with these children.
“... in line with the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/61/CO/1), the Committee expresses its concern about the inadequate access by minority children to education in their mother tongue.
“The Committee recommends the State party:
a) allocate the required resources (human, technical and financial) to ensure access to quality education for all children, including the most vulnerable groups; ...
e) ensure, whenever possible, that children belonging to minority groups have access to education in their mother tongue....”
Australia
(1st November 2019, CRC/C/AUS/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 19, 35, 36 and 43 )
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee recalls its previous recommendations on non-discrimination (CRC/C/AUS/CO/4, para. 30) and urges the State party:
(a) To address disparities in access to services by Aboriginal and Torres Strait Islander children, children with disabilities, children in alternative care and asylum-seeking, refugee and migrant children, regularly evaluate the enjoyment by those children of their rights and prevent and combat discrimination;
(b) To strengthen its awareness-raising and other activities aimed at preventing discrimination, including through school curricula, and take affirmative action for the benefit of the groups of children mentioned above.”
“The Committee welcomes the establishment of the National Disability Insurance Scheme in 2013 and, recalling its previous recommendations on children with disabilities (CRC/C/AUS/CO/4, para. 58) and other recommendations contained in the present concluding observations, further recommends that the State party:
(a) Make clear the eligibility criteria and the types of support covered by the Scheme and ensure that the Scheme has the human, technical and financial resources necessary for its optimal and timely implementation;
(b) Conduct awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“With reference to its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health and recalling its previous recommendations on health and health services (CRC/C/AUS/CO/4, paras. 60–61), the Committee urges the State party:
(a) To promptly address the disparities in health status of Aboriginal and Torres Strait Island children, children with disabilities, children living in remote or rural areas and children in alternative care;
(b) To address the increasing rate of child obesity”
“The Committee is still concerned that the efforts made to close the gap for Aboriginal and Torres Strait Islander children remain insufficient. The Committee, taking note of target 4.1 of the Sustainable Development Goals, urges the State party:
(a) To address the shortcomings of the Closing the Gap measures for Aboriginal and Torres Strait Islander children and to reach the targets on school attendance, retention rates, literacy and numeracy standards by paying particular attention to these children in remote areas and investing in teachers’ cultural competency of these communities’ history;
(b) To invest more in improving education at the early childhood, primary and secondary levels, paying particular attention to children living in remote areas, Aboriginal and Torres Strait Islander children, children with disabilities, children in marginalized and disadvantaged situations, children in alternative care and children from refugee and migrant backgrounds;
(c) To ensure that all children with disabilities have access to inclusive education in mainstream schools and are provided with the support they need and to address the use of restraints and seclusion;
(d) To strengthen the school-based Respectful Relationships initiative to promote gender equality and respect;
(e) To intensify its efforts to prevent and address bullying in schools, including online bullying, through the eSafety Commissioner and provide support to child victims, in particular lesbian, gay, bisexual, transgender and intersex children.”
“The Committee also welcomes the ratification or signature of:
c) The Convention on the Rights of Persons with Disabilities, in 2009;
(d) The Optional Protocol on the Rights of Persons with Disabilities, in 2009;
“The Committee is gravely concerned at the high levels of violence against women and children prevailing in the country and notes that there is an inherent risk that the coexistence of domestic violence, lawful corporal punishment, bullying, and other forms of violence in the society are interlinked, conducing to an escalation and exacerbation of the situation. The Committee is particularly concerned that:
(a) Women and children of Aboriginal origin are particularly affected;
(b) Sterilization of women and girls with disabilities continues;
“The Committee appreciates the State party’s assessment of its disability support system with its Productivity Commission in July 2011 However, taking note of the findings of the Commission, the Committee shares the concerns that the current disability support system is “under-funded, unfair, fragmented and inefficient, and gives people with a disability little choice and no certainty of access to appropriate supports, with children with disabilities frequently failing to receive crucial and timely early intervention services, support for life transitions, and adequate support for the prevention of family or carer crisis and breakdown.” Furthermore, while noting the State party’s five-year implementation of its Disability Standards for Education 2005, the Committee remains concerned that a significant disparity remains between educational attainments for children with disabilities compared to children without disabilities. Further elaborating on its concerns on the non-therapeutic sterilization stated earlier in this report, the Committee is seriously concerned that the absence of legislation prohibiting such sterilization is discriminatory and in contravention of article 23(c) of the Convention on the Rights of Persons with Disabilities. Furthermore, the Committee is concerned that the State party’s legislation allows for disability to be the basis for rejecting an immigration request.
“In light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party:
(a) To establish a clear legislative definition of disability, including for learning, cognitive and mental disabilities, with the aim of promptly and accurately identifying children with disabilities to effectively address their needs in a non-discriminatory manner;
(b) To strengthen support measures for parents to care for their children with disabilities, and, where such placement in care is considered, to ensure that it is done with full regard to the principle of the best interests of the child;
(c) To adopt a social model approach that is in accordance with the Convention on the Rights of Persons with Disabilities, addressing attitudinal and environmental barriers that hinder the full and effective participation of children with disabilities in society on an equal basis, and train all professionals working with or for children with disabilities accordingly;
(d) To undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parent support groups;
(e) To ensure that children with disabilities are able to exercise their right to education, and provide for their inclusion in the mainstream education system to the greatest extent possible, including by considering developing a disability education action plan to specifically identify current inadequacies in resources, and to establish clear objectives with concrete timelines for the implementation of measures to address the educational needs of children with disabilities ;
(f) Enact non-discriminatory legislation that prohibits non-therapeutic sterilization of all children, regardless of disability; and to ensure that when sterilization which is strictly carried out on therapeutic grounds does occur, that this be subject to the free and informed consent of children, including those with disabilities;
(g) Ensure that all of the State party’s legislation, including its migration and asylum legislation, does not discriminate against children with disabilities and is in full compliance with its legal obligations under article 23 of the Convention on the Rights of Persons with Disabilities.”
(20 October 2005, CRC/C/15/Add.268, Concluding observations on second/third report, paras. 46, 59, 61, 63, 75 and 77)
“In the light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on “Children with disabilities” (see CRC/C/69), the Committee encourages the State party to actively pursue its current efforts and: ...
d) to implement the Disability Standards for Education and give adequate support to the Literacy, Numeracy and Special Learning Needs Programme, a key targeted programme aimed at improving the literacy, numeracy and other learning outcomes of students who are educationally disadvantaged, including students with disabilities....
“While the Committee acknowledges the State party’s efforts in this field, including the Jobs Education and Training Child Care Programme, it continues to be concerned at the serious difficulties that indigenous children and children living in remote areas face with regard to education, and in particular their lower level of achievement and high dropout rate.
“The Committee recommends that the State party:
a) take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. indigenous children, homeless children, children living in remote areas, children with disabilities, etc.); ...
c) ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality, include children with disabilities in the mainstream school system to the extent possible and provide them with the necessary assistance.
“The Committee is further concerned that children who are granted a temporary protection visa (those arriving in the country without any travel document) do not have the right to family reunification and have limited access to social security, health services and education.
“Despite the numerous measures taken by the State party’s authorities, including the Indigenous Child Care Support Programme, the Committee remains concerned about the overall situation of indigenous Australians, especially with regard to their health, education, housing, employment and standard of living.
“The Committee recommends that the State party strengthen its efforts to continue developing and implementing - in consultation with the indigenous communities – policies and programmes aimed at ensuring equal access for indigenous children to culturally appropriate services, including social and health services and education....”
Austria
(6th March 2020, CRC/C/AUT/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 16, 17, 30, 31 and 37) - 83rd session
“The Committee welcomes measures taken by the State party to combat hate speech and manifestations of neo-Nazism, racism, xenophobia and associated intolerance, such as the establishment of specialized units in the public prosecution offices for the investigation of incitement to hatred, and the inclusion of the issues of racism, xenophobia and associated intolerance in the syllabuses of the Austrian school system. However, the Committee remains concerned about reports of persistent direct and indirect discrimination against children on the grounds of race, disability, religion, national origin and socioeconomic status.”
“Recalling its previous recommendation (CRC/C/AUT/CO/3-4, para. 25), the Committee recommends that the State party continue its efforts to raise awareness among the public, those working with and for children, civil servants and law enforcement officials about the importance of cultural diversity and inter-ethnic understanding, in order to combat stereotyping, prejudice and discrimination against, inter alia, asylum-seeking, refugee and migrant children, children with disabilities, children belonging to ethnic, religious or racial minorities, including Roma and Muslim children, and children living in poverty.”
“While the Committee welcomes the objectives of the National Action Plan on Disability 2012–2020 to set up inclusive model regions in all Länder by 2020, it remains seriously concerned that:
(a) The State party still lacks a comprehensive plan in all Länder for the deinstitutionalization of children with disabilities;
(b) The accessibility of public buildings, public transport and places such as schools and playgrounds remains insufficient;
(c) Service providers disagree regarding responsibility for coverage of costs, with serious impacts on the rights of children with disabilities…”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability in implementing the comprehensive national policy for the inclusion of children with disabilities and to:
(a) Develop the National Action Plan on Disability 2021–2030 in a participatory way, and formulate as part of it a coherent strategy for the deinstitutionalization and prevention of separation of children with disabilities from their families with a clear time frame and a mechanism for its effective implementation and monitoring;
(b) Ensure that children with disabilities have effective access to public services and spaces and improve the physical accessibility of all public and private buildings, spaces and means of transport in all Länder;
(c) Consider merging disability and child and youth welfare policies and assistance into one system…”
“Recalling target 4.1 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Take the necessary measures to strengthen access for all children to free, equitable and quality primary and secondary education, regardless of their socioeconomic status;
(b) Strengthen the right to inclusive education in mainstream schools for all children with disabilities, including those with intellectual and psychosocial disabilities;
(c) Set up comprehensive measures to develop inclusive education, including adequately trained teachers and adapted curricula and school materials;
(d) Train and assign specialized teachers and professionals in integrated classes providing individual support and due attention to children with learning difficulties;
(e) Delay the selection process of children with regard to their further schooling;
(f) Expand all-day schooling and other free learning opportunities for children in order to address the increasing prevalence of private extracurricular education;
(g) Consider abolishing the law that bans young girls from wearing headscarves in primary schools, classing them as ideological or religious clothing, which may lead to girls’ exclusion from mainstream education.”
“The Committee welcomes the adoption of the following legislative, measures:
(b)The Convention on the Rights of Persons with Disabilities and its Optional Protocol, in September 2008;
“The Committee welcomes the recent adoption of a National Plan of Action for Persons with Disabilities (2012-2020) and that article 6 of the Federal Constitutional Law on the Rights of Children provides for the equal treatment, care and protection of children with disabilities. However, it notes with concern that children with disabilities continue to be excluded from participation in various aspects of public life in the State party due to the limited accessibility of their physical environment, and the lack of appropriate services and information. The Committee is also seriously concerned about the high number of children with disabilities in institutional care in the State party. While noting the decrease in the percentage of children with disabilities attending special schools, the Committee is concerned that the decision whether a child with disabilities should attend a special school or an inclusive school rests with the parents, which may conflict with the best interests of the child. The Committee also expresses concern about the paucity of information on education for minority children with disabilities.
“In light of its general comment No. 9 (2006) , the Committee urges the State party to:
(a) Take measures to fully integrate children with disabilities in all areas of public life;
(b) Ensure that their environment, including, buildings, transportation and other public areas, is physically accessible for them;
(c) Take measures to de-institutionalize children with disabilities and further strengthen support to families to enable them to live with their parents;
(d) Ensure that children with disabilities have full access to information, communications and other services;
(e) Give priority to inclusive education of children with disabilities and ensure that the best interests of each child are a primary consideration in decisions concerning his/her school enrolment;
(f) Provide in its next periodic report information on education for minority children with disabilities.
“The Committee recommends that the State party take into account its general comment No. 1 (2001) and adopt measures to ensure affordable access to adequate early childhood care and pre-school education services throughout the country. It also recommends that the State party strengthen its efforts to provide migrant children with equal opportunities in the education system, including through special support to reduce language barriers, and consider adopting an integrated system for compulsory public schools, as recommended by the independent expert in the field of cultural rights (A/HRC/17/38/Add.2, para. 20 ). The Committee further recommends that the State party adopt a comprehensive policy and legislation on inclusive education.”
Azerbaijan
“The Committee welcomes the National Strategy for Children with Disabilities (2008) and the Law on the Rights and Privileges of People with Disabilities and Martyrs' Families (2010), which should ensure access to education and health services, and promote the participation of children with disabilities. The Committee is however concerned about the limited measures taken so far to implement the law and the strategy, and in particular to collect reliable data on children and their disabilities and support families raising children with disabilities. The Committee also expresses serious concern at the extent of maltreatment of children with disabilities in families and institutions, including psychiatric medication and deprivation of education for the majority of children with disabilities, in spite of the goals set in the above-mentioned National Strategy for Children with Disabilities.
“The Committee recommends that the State Party strengthen its efforts to implement the National Strategy for Children with Disabilities (2008) and the Law on the Rights and Privileges of People with Disabilities and Martyrs' Families (2010) , and in particular:
(a) Collect data enabling analysis of the extent and nature of disabilities , and the conditions under which the children live ;
(b) Provide adequate financial, technical and educational support to families caring for children with disabilities in order to prevent their institutionalization;
(c) Make sure that children with disabilities are not exposed to violence or neglect , and carefully monitor all facilities which work with children with disabilities;
(d) Ensure access to education for all children with disabilities , and implement inclusive education by a realistic time-bound strategy which is effectively monitored;
(e) Ensure that the right of children with disabilities to participate in all measures of concern to them is respected;
(f) Take guidance from the Committee’s General comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9); and
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities.
“...The Committee is however concerned that almost half of the State party’s children are not enrolled in school, and that extreme gender disparity...
“The Committee recommends that the State party:
(a) Allocate increased resources to the education sector in order to expand, build and reconstruct adequate school facilities throughout the State party , and create a truly inclusive educational system welcoming children with disabilities a s well as children from all minorities…”
(17 March 2006, CRC/C/AZE/CO/2, Concluding observations on second report, paras. 47, 48, 57, 58 and 59)
“The Committee is also concerned that children with disabilities do not have access to the mainstream education service and that a strong medical approach to this problem does not facilitate their inclusion.
“The Committee recommends that the State party:
a) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 20 December 1993;
b) ensure that children with disabilities may exercise their right to education and facilitate inclusion in the mainstream education system....
“The Committee welcomes the information that 96 per cent of the over-15 population is literate and recognizes the progress made with regard to the implementation of the right to education of IDPs and refugee children. However, it is concerned that: ...
e) access to education is difficult for children living in poverty, refugee and IDPs children, children with disabilities, children in conflict with the law and children living in rural and remote areas....
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the Aims of Education (2001), take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented. In particular, the State party should: ...
f) ensure that refugee and displaced children are placed in schools in the local communities in order to facilitate their integration....
“The Committee notes with appreciation that Azerbaijan provides protection to refugees, including refugee children of Chechen ethnicity from the Russian Federation. Nonetheless, the Committee remains concerned that 35 per cent of about 600,000 IDPs and 200,000 refugees are children and that they live in very poor conditions, lacking basic sanitary and hygienic services, potable water and educational facilities among other things.”
B
- Bahamas
- Bahrain
- Bangladesh
- Barbados
- Belarus
- Belgium
- Belize
- Benin
- Bhutan
- Bolivia
- Bosnia and Herzegovina
- Botswana
- Brazil
- Brunei Darussalam
- Bulgaria
- Burkina Faso
- Burundi
Bahamas
(31 March 2005, CRC/C/15/Add.253, Concluding observations on initial report, paras. 45, 46 and 53)
“The Committee takes note of the 2000 Census Report, which provides mainly quantitative information but lacks specific details on persons with disabilities. The Committee is concerned at the societal discrimination experienced by children with disabilities, the inaccessibility of buildings and transportation for them and the absence of an inclusive policy. The Committee is particularly concerned that children with disabilities in less populated islands suffer particular disadvantage regarding access to services.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party ensure the integration of these children into mainstream education. In this respect, the State party should take into account the principle of non-discrimination and accessibility to all services, including public buildings and transportation, and specifically address the situation of children in less populated islands.
“The Committee ... notes that the PACE Programme (Providing Access to Continued Education Programme) ensures that pregnant teenagers are given an opportunity to complete their education. However, the Committee remains concerned at the dropout rates within the formal public education system, especially among boys....”
(3 August 2011, CRC/C/BHR/CO/2-3, Concluding observations: Bahrain, paras. 54, 61 and 63)
Bahrain
(3 August 2011, CRC/C/BHR/CO/2-3, Concluding observations: Bahrain, paras. 54, 61 and 63)
“The Committee recommends that the State party:
(a) Adopt a national policy on children with disabilities that includes, inter alia, the establishment of a special coordinating body that places the needs of children with disabilities and their contribution to society in focus;
(b) Establish centres for the early detection of childhood disability and rapid intervention by trained officials and to conduct studies and research in this field;
(c) Strengthen its efforts to ensure that adequate human, technical and financial resources are allocated to achieve the fullest possible inclusion of children with disabilities in mainstream education facilities, including by revising the school curricula;
(d) Ensure that professionals working with children with disabilities, especially teachers, receive adequate training, in line with the Committee’s general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9);
(e) Ensure the rights of all children with disabilities in order to prevent them from becoming victims of abuse, exclusion and discrimination and give them the necessary support so as to enable them to become full and active members of society; and
(f)Ratify the Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto and proceed with their implementation.
“The Committee urges the State party:
(a) To provide access to early childhood education and raise awareness and motivation of parents with respect to pre-schools and early-learning opportunities;
(b) To ensure that primary and secondary education is provided free and make it compulsory for all children without discrimination…”
Bangladesh
(30th October 2015, CRC/C/BGD/CO/5, Concluding observations on the fifth periodic report, paras 52, 53, 66, 67, 72 and 73) - 70th Session
“While noting with appreciation the State party’s efforts to put in place an online database to store data and information on persons and children with disabilities and provide reports for planning and programming, the Committee is concerned:
(a) At the lack of reliable disaggregated data on children with disabilities in the State party;
(b) At the absence of specific information on initiatives and programmes for the rehabilitation and reintegration of children with disabilities, particularly for those children suffering from multiple and intersecting forms of discrimination;
(c) At the persistence of negative attitudes and discrimination against children with disabilities;
(d) At the deprivation of a high number of children with disabilities of education and that most schools are not accessible and lack adapted education;
(e) That children with disabilities face major obstacles in accessing appropriate social and health-care services.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Expedite the launch of the online database on persons and children with disabilities and take other necessary measures;
(b) Develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities, including rehabilitation and reintegration programmes for children suffering from multiple and intersecting forms of discrimination;
(c) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(d) Set up comprehensive measures to develop inclusive education and ensure that such education is given priority over the placement of children in specialized institutions and classes;
(e) Train specialized teachers and professionals in inclusive education and assign them to integrated classes providing individual support and all due attention to children with learning difficulties;
(f) Immediately take measures to ensure that schools are accessible and that educational services are tailored to children’s needs;
(g) Immediately take measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes.”
“The Committee welcomes the adoption of the National Education Policy in 2010. However, it is concerned about:
(a) The limited implementation of the policy due to the lack of adequate resources;
(b) The quality of education, in particular in madrasas, not being up to national standards;
(c) The lack of access to education for refugee children;
(d) The low level of stipends provided by the State party to children;
(e) The persistent dropout rate due to fees and other costs, such as for books and uniforms, to violence and harassment on the way to and from and at school, and to the lack of sanitation facilities that are separate for girls and boys and accessible for children with disabilities.”
“Building on its previous recommendations (see CRC/C/BGD/CO/4, para. 75) and in the light of its general comment No. 1 (2001) on the aims of education, the Committee urges the State party to:
(a) Increase the State budget dedicated to education and the implementation of the National Education Policy;
(b) Ensure that education is available to all children in the State party, including asylum-seeking and refugee children;
(c) Address the barriers faced by out-of-school children, particularly the direct and indirect costs of education, violence, in particular against girls, harmful traditional practices and negative attitudes towards children in vulnerable situations, including children with disabilities, children in street situations, refugee children and children belonging to minority groups;
(d) Take the measures necessary to improve the accessibility and quality of education, including by providing stipends, and provide high-quality training for teachers, with particular emphasis on rural areas;
(e) Provide guarantees that schools remain a safe and secure environment for the educational and personal development of every child, by prosecuting violence against and sexual abuse of children;
(f) Develop and promote high-quality vocational training for all children and adolescents, in particular children and adolescents who drop out of school, and strengthen the training programmes for children, particularly in rural and remote areas.”
“The Committee is concerned that children from minority groups, in particular Dalit children and indigenous children face discrimination and violence and lack access to quality education, in particular to education in their mother tongue. The Committee is also concerned about the lack of recognition by the State party of indigenous identity of the Adivasi indigenous peoples.”
“In the light of its general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee recommends that the State party:
(a) Take all measures necessary to protect minority and indigenous children from discrimination and violence;
(b) Establish a standardized system for the collection and analysis of data on minority and indigenous children related to all areas covered by the Convention and its Optional Protocols;
(c) Adopt comprehensive measures, including affirmative measures to ensure that minority and indigenous children enjoy all their rights, in particular in the areas of health and education.”
(12 June 2009, CRC/C/BGD/CO/4 Advance unedited version, Concluding observations on third/fourth report, paras. 8, 9, 73, 74, 75 and 79)
"The Committee notes with appreciation the efforts made by the State party to implement the Committee’s concluding observations made upon the consideration of the State party’s second periodic report in 2003 (CRC/C/15/Add.221). Nevertheless, the Committee regrets that several concerns and recommendations have been insufficiently or only partly addressed, including those related to ... equitable access to and quality of health and education services....
“The Committee urges the State party to take all necessary measures to address the previous recommendations that have not been fully implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the third and fourth periodic reports.
“While noting the progress made in increasing primary school enrolment, reducing the gender gap and expanding programmes supporting the access of marginalized groups of children living in poverty to school, the Committee remains concerned about ... the marked disparities in access to education among the regions....
“In addition, the Committee is concerned about the reported mistreatment of children by their teachers and the frequent cases of bullying and sexual harassment particularly of girls at school and on the way to school; the lack of separate sanitation facilities for girls and boys....
“The Committee recommends that the State Party: ...
e) consider making multilingual education available in remote areas for minority and indigenous children;
f) increase the transition rate to secondary school and support girls to continue education at the secondary level; ...
h) effectively level out the access and quality disparities of the educational system across the regions of the country, with special attention to the less developed regions;
i) better equip schools with educational materials and adequate sanitation facilities for girls and boys; and
j) conduct vigorous awareness-raising campaigns in schools and communities to combat the mistreatment of children and prevent bullying and sexual harassment of children in schools and on the way to school, especially of girls.
“The Committee reiterates its recommendation to the State party to: ...
b) consider allowing children residing in the refugee camps and their families to access, inter alia, education ...;
c) address the concerns of approximately 100,000 – 200,000 Rohingya [from Myanmar], including children, not registered as refugees by the State party but who reside in the country for similar reasons as the registered refugees in official camps and to provide them with ... access to education....”
(27 October 2003, CRC/C/15/Add.221, Concluding observations on second report, paras. 28, 55, 56, 63, 65 and 68)
“The Committee welcomes the measures undertaken by the State party to enhance the situation of girls, especially in relation to education....
“The Committee is concerned at the situation of children with disabilities, and societal discrimination against these children, including their exclusion with the exception of the visually impaired, from the educational system.
“The Committee recommends that the State party: ...
b) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the issue of “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible to children with disabilities....
“The Committee welcomes the progress made by the State party in the field of education, notably with regard to increases in primary and secondary enrolments, the reduction in gender disparities in enrolment and improvement in the literacy rates.... However, the Committee is concerned that ... the school dropout rate is high and that gender-based discrimination persists within schools. Other concerns include reports of abuse and sexual molestation, especially of girls, inaccessibility to schools, inadequate sanitation and the misuse of allocated resources.
“The Committee recommends that the State party: ...
b) continue to address gender-based discrimination and other difficulties encountered by girls within the educational system and school environment; ...
d) provide appropriate sanitation facilities, especially for females, in all schools.... “The Committee recommends that the State party: ...
c) in collaboration with and with support from international agencies, undertake effective measures to improve the living conditions of refugee families and children, particularly with regard to educational and health-care services;
d) provide unaccompanied refugee children with adequate care, education and protection....”
Barbados
(3 March 2017, CRC/C/BRB/2, Concluding observations on the second periodic report, Paras. 21, 22, 45, 46, 49, 50 and 53)- 74th session
“While the Committee notes that the Constitution provides for non-discrimination on the grounds of race, place of origin, political opinions, colour, creed or sex, it is concerned at the persistent discrimination against migrant children and children with disabilities.”
“The Committee urges the State party to:
(a) Consider amending section 23 of the Constitution to include a reference to discrimination on the basis of nationality or other status, in line with article 2 of the Convention;
(b) Ensure the full implementation of the relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards migrant children and children with disabilities.”
“The Committee notes with appreciation the adoption of the policy on persons with disabilities, the development of special curricula and individualized education plans, and the establishment of the first secondary school and vocational centre for adolescents with special needs. It is, however, concerned at the lack of information on the implementation of the policy, as well as on measures taken by the State party in relation to the assessment, prevention, early detection, intervention, treatment and rehabilitation of children with disabilities, their access to social services, inclusive education and funding available to support the programmes and policies.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Adopt a human rights-based approach to disability;
(b) Set up a comprehensive strategy for the inclusion of children with disabilities;
(c) Ensure effective implementation of the policy on persons with disabilities;
(d) Strengthen its efforts to improve inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(e) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(f) Train and assign specialized teachers and professionals in integrated classes, providing individual support and all due attention to children with learning difficulties;
(g) Undertake awareness-raising campaigns aimed at government officials, the public and families, to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee welcomes efforts made by the State party to improve the enjoyment of the right to education. It is, however, concerned at the lack of information on dropout rates, in particular among girls, due to early pregnancy.”
“The Committee recommends that the State party:
(a) Undertake a study on children who drop out of school;
(b) Ensure that girls are not expelled from school because they are pregnant;
(c) Ensure the adoption and implementation of re-entry policies, enabling adolescent mothers to return to school after pregnancy.”
“The Committee recommends that the State party develop a national plan of action for human rights education, including on children’ s rights, as recommended in the framework of the World Programme for Human Rights Education”
Belarus
(28th February 2020, CRC/C/BLR/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 15, 18, 20, 21, 30, 31 and 36) - 83rd Session
“Noting that the principle of non-discrimination is enshrined in article 6 of the Law on the Rights of the Child and that research is being conducted on the necessity of comprehensive anti-discrimination legislation, and recalling target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party…
(b) Ensure that all children have access to education, medical care and social benefits on an equal basis, particularly children living in poverty, rural children, children without parental care, Roma children, migrant and stateless children, children with disabilities and children in institutions;
(c) Remove all barriers for the admission of children living with HIV to educational institutions and to health recovery, including by revising relevant regulations.”
“While welcoming the 2015 amendments to the law on citizenship that provide for a citizenship entitlement for children born in Belarus to stateless parents temporarily residing there, the Committee, recalling target 16.9 of the Sustainable Development Goals, recommends that the State party…
(c) Ensure that all stateless children have access to education and health care…”
“Noting the reinstallation of the national hotline for violence against children and the steps taken to address domestic violence, the Committee is seriously concerned about….
(e) Prevalent peer violence, including bullying, in schools, institutions and communities and online, especially in relation to lesbian, gay, bisexual and transgender children and children with disabilities”
“Recalling its general comments No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and No. 13 (2011) on the right of the child to freedom from all forms of violence, as well as target 16.2 of the Sustainable Development Goals, the Committee urges the State party to:
(d) Formulate, with the involvement of children, a comprehensive strategy for preventing, combating and monitoring all forms of violence against children, including bullying and online violence, paying particular attention to lesbian, gay, bisexual and transgender children and children with disabilities…”
“The Committee notes the adoption of the action plan on the implementation of the Convention on the Rights of Persons with Disabilities and of the policy framework and action plan for inclusive education. It also notes that the draft law on the rights of persons with disabilities and revisions to the draft education code are pending before the parliament. However, the Committee remains seriously concerned about:
(a) Discrepancies in the definitions related to disabilities, which are also reflected in the collection of data, that make it difficult to comprehensively assess and address the number and situation of children with disabilities, including in mainstream education…
(e) Widespread discrimination of, stigmatization of and violence against children with disabilities.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Adopt a single definition of disability based on the Convention on the Rights of Persons with Disabilities and make use of the International Classification of Functioning, Disability and Health: Children and Youth Version;
(b) Organize the systematic and comprehensive collection of data on children with disabilities, including in education;
(c) Ensure improved coordination between authorities, strengthened inclusive policies, in particular those on inclusive care and education, and the provision of adequate financial, human and technical resources…”
“Welcoming the increase in preschool coverage, the Committee recalls targets 4.2 and 4.5 of the Sustainable Development Goals and recommends that the State party:
(a) Remove barriers preventing Roma children from gaining access to education, including by raising awareness of the importance of education and school registration requirements among the Roma community and facilitating parents’ access to documents required for school registration for their children;
(b) Ensure that all children with disabilities progressively have access to inclusive education, and ensure inclusive education in integrated classes, including by: (i) training and assigning the number of specialized teachers and assistants necessary to provide individual support to children with disabilities in order to keep them in inclusive education; (ii) providing assistive technologies and devices; (iii) developing individual education plans; and (iv) ensuring reasonable accommodation in school infrastructure, places for sport and leisure, school transportation and training;
(c) Ensure that children in correctional facilities have access to education, including final examinations and certification, and review the education code accordingly;
(d) Update school curricula, textbooks and teacher-training materials to integrate twenty-first century skills and remove gender-stereotypical content;
(e) Ensure that girls and boys can choose non-traditional fields of study, and improve career orientation for all children, paying particular attention to children with disabilities, to ensure that children’s views form the basis for their career choices;
(f) Expand the availability of preschools, especially in rural areas, strengthen specialized training for preschool teachers and develop a comprehensive and holistic policy of early childhood care and development.”
(8 April 2011, CRC/C/BLR/CO/3-4, Concluding observations: Belarus, paras. 51, 52, 65 and 66)
“The Committee notes as positive the implementation of rehabilitation and vocational training programmes to promote the integration into society of children with disabilities. It is, however, concerned that:
(a) There is no comprehensive national policy on children with disabilities in the State party;
(b) There is no modern data-collection system on children with disabilities;
(c) Many children with intellectual disabilities are still living in residential institutions and do not receive access to education and other community-based services;
(d) There is an insufficient number of childcare specialists, and access to quality services is difficult, especially in rural areas; and
(e) Nearly half of all children with disabilities remain outside the regular education system.
“The Committee recommends that the State party :
(a) Develop a national policy on children with disabilities, with clear goals;
(b) Develop a modern data - collection system in the field of children with disabilities;
(c) Develop a policy for children with intellectual disabilities in line with the WHO European Declaration on the Health of Children and Young People with Intellectual Disabilities and their Families (endorsed by all Ministers of Health of WHO European region, including Belarus, in November 2010, in Bucharest);
(d) Provide adequate support to parents of children with severe disabilities, to enable them to live with their families;
(e) Systematically train professionals and ensure access to quality services for children with disabilities; and
(f) Ensure access to education for all children with disabilities and , as far as possible, integrate them in to mainstream education.
Belgium
11 June 2010, CRC/C/BEL/CO/3-4 Concluding observations: Belgium Paras. 31, 54, 55, 66, 67, 68 and 69.
“The Committee notes the initiatives taken at community level to combat discrimination, in particular in accessing education. However, the Committee reiterates its serious concern as to the multiple forms of discrimination to which children living in poverty are subjected in the State party, in particular regarding their access to education, health care and leisure. The Committee is also concerned at continuous discrimination suffered by children with disabilities and children of foreign origin.”
“While noting the adoption on 5 February 2009 of a decree in the French community on the integration of children with disabilities in to regular education, the Committee expresses serious concern that children with disabilities may be deprived from any schooling possibilities as the result of insufficient inclusive education and the shortage of places in special education …”
“In light of art 23 of the Convention and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to take more practical actions to ensure inclusive education for children with disabilities and integration into day-care centres. The Committee also calls upon the State party to ensure that resources allocated to children with disabilities are sufficient – and earmarked so that they are not used for other purposes – to cover all their needs, including programmes established for training professionals working with children with disabilities, especially teachers working with children with disabilities, in mainstream schools.”
“While noting the measures adopted by the State party to ensure the right to education, including the adoption in June 2002 of the decree on the equal opportunity in education in the Flemish Community and the 2006 circular on free education, the Committee expresses concern about the significant inequality in the enjoyment of the right to education among children in the State party, and particularly at the impact of socioeconomic status on the education opportunities accessible to children and their school performance. The Committee notes with particular concern that:
(a) Schools fees imposed in spite of the constitutional guarantee of free education greatly contribute to discrimination in the access to education;
(b) Children from poor families and foreign children are likely to be relegated to special education programmes;
(c) School dropout tends to be criminalized and young persons absent from schools reported to judicial authorities; and
(d) Initiatives are being taken in the Flemish community to cut the school allowances of children who do not attend school.”
“The Committee urges the State party to:
(a) Take the necessary measures to abolish school fees in accordance with its Constitution;
(b) Ensure that all children have access to education regardless of their socio-economic status and that children from poor families are no longer relegated to special education programmes;
(c) Strengthen efforts to reduce performance disparity, giving special attention to promoting education of children of foreign origin; and
(d) Refrain from taking repressive measures that will negatively impact on the most economically and socially disadvantaged families and are unlikely to contribute to their greater involvement in the school system and instead build coherent strategies involving teachers, parents and children to address the root causes of school dropout.”
“The Committee is concerned at the prevalence of bullying in schools, particularly of children of foreign origin.”
“The Committee strongly recommends that the State party develop comprehensive prevention and sensitization programmes to combat bullying and any other forms of violence in schools.”
Belize
(31 March 2005, CRC/C/15/Add.252, Concluding observations on second report, paras. 25, 27, 50, 51, 61, 62, 72 and 73)
“While appreciating that some measures have been taken to promote the principle of non-discrimination against children, such as the enactment in 1998 of the Families and Children Act, which guarantees that all children are of equal status in the application of the Belizean legislation, the Committee is concerned at the persistent discrimination faced by girls, children with disabilities, migrant children, children living in poverty, children belonging to minorities, indigenous children, children infected with or affected by HIV/AIDS, children living in rural areas, and pregnant students and teenage mothers in schools.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, with due regard to the Committee’s general comment No. 1 on the aims of education (2001).
“The Committee expresses grave concern about the situation of children with disabilities and regrets that de facto discrimination against them still exists. The Committee notes with concern the lack of specific legislation which would ensure full and equal participation in social life, including access to social and health services, education, training, information and communication, rehabilitation, recreation and care, for children with disabilities. The Committee is concerned about the lack of basic services supporting children with disabilities and of adequate financial and human resources partially caused by the closing of the Disability Services Division, resulting in a situation in which the non-governmental organization CARE-Belize can only provide very limited services for children with disabilities. Furthermore, the Committee expresses its concern about the lack of statistical data on children with disabilities.
“The Committee urges the State party, taking into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and the recommendations adopted by the Committee at its day of general discussion on “The rights of children with disabilities” (see CRC/C/69, paras. 310-339):
a) to enact special legislation dealing exclusively with disability issues, including access to social and health services, rehabilitation, support services, physical environment, information and communication, education, recreation and sports, in order to achieve the objectives of full participation and equality for children with disabilities; ...
d) to integrate education for children with disabilities into national educational planning and curriculum and to include children with disabilities in the mainstream school system to the extent possible, including by providing the necessary financial and human resources for the training of teachers....
“... With respect to the treatment of pregnant students and teenage mothers in schools, the Committee expresses its grave concern that the State party does not have a policy to prevent and combat the school-based practices of educational exclusion of these students....
“The Committee recommends that the State party allocate adequate financial, technical and human resources in order: ...
b) to progressively ensure that all children, without any distinction as to gender or ethnic origin, from all areas of the country, have equal access to compulsory and free quality primary education, without any financial obstacles; ...
d) to pay special attention to the needs of children belonging to vulnerable groups, including girls, migrant children, working children, children living in poverty, children deprived of their liberty, children belonging to minorities and indigenous children, in order to safeguard their right to education at all levels;
e) to address the educational needs of pregnant students and teenage mothers in schools and to introduce a national policy on equal treatment of all students in respect of their right to education at all levels....
“With regard to children belonging to minorities and indigenous peoples, such as Maya and Garifuna children, the Committee is concerned about the widespread poverty among them and the limited enjoyment of their rights, particularly concerning their access to social and health services and education....
“The Committee recommends that the State party strengthen its efforts to improve the equal enjoyment of all rights of children belonging to minorities and indigenous peoples, in particular, by prioritizing effective measures to reduce poverty among them....”
Benin
(29th November 2018, CRC/C/OPSC/BEN/CO/1, Concluding observations on the report submitted by Benin under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 20 and 21) - 79th Session
“The Committee notes the legislative and administrative measures taken by the State party to prevent offences under the Optional Protocol, including the adoption of the 2015 Children’s Code, the National Policy for the Development of the Judiciary and its related strategy, the National Plan to Combat Trafficking in Persons (2018–2025), the national plan of action to eliminate the worst forms of child labour (2012–2015), the National Child Protection Policy (2014–2025), and the zero-tolerance campaign to end child marriage (2017). However, the Committee is concerned about…
(c) The sexual abuse of children, particularly girls, by teachers in return for better grades, and children’s exchange of sex for money with older men who act as their “protectors”…
(e) The persistence of harmful practices that may amount to crimes under the Optional Protocol, such as vidomegon (placing children in families which traditionally are responsible for their care and their education, in particular), placing children in voodoo convents, and attacking and killing “witch children” and children with albinism to obtain their body parts…”
“The Committee recommends that the State party increase its preventive measures to address all areas covered by the Optional Protocol, and in particular that it…
(c) Establish child-friendly mechanisms and guidelines for the mandatory reporting of cases of sexual abuse and exploitation of children, especially in schools, and ensure that perpetrators are brought to justice…
(e) Investigate and prosecute persons responsible for harmful practices that may amount to offences under the Optional Protocol, and work closely with traditional leaders and community-based organizations to raise awareness of the harmful effects of those”
(28th November 2018, CRC/C/OPAC/BEN/CO/1, Concluding observations on the report submitted by Benin under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 23, 24, 26 and 27) - 79th Session
“The Committee regrets that the State party’s legislation does not explicitly criminalize the recruitment or use of children in hostilities by the armed forces or non-State armed groups. The Committee is also concerned that the recruitment of children below the age of 15 has not been defined as a war crime in the State party’s legislation.”
“The Committee recommends that the State party:
(a) Explicitly prohibit and criminalize the recruitment and use of children under 18 years of age in hostilities by armed forces and non-State armed groups and ensure that the perpetrators are prosecuted;
(b) Define and punish the recruitment and use of children under the age of 15 in hostilities as a war crime.”
“The Committee notes the development of a matrix to identify vulnerable children requiring social protection. However, the Committee is concerned at the lack of information on the effectiveness of this tool to identify, at an early stage, refugee, asylum-seeking and migrant children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party:
(a) Strengthen the vulnerability matrix to identify, at an early stage, refugee, asylum-seeking and migrant children, including unaccompanied children, coming from countries with past or current armed conflicts and who may have been involved in hostilities;
(b) Ensure that the personnel responsible for identifying these children are trained in children’s rights, child protection and interviewing skills;
(c) Develop protocols and specialized services to ensure that such children are provided with appropriate assistance for their physical and psychological recovery and social reintegration.”
(20 October 2006, CRC/C/BEN/CO/2, Concluding observations on second report, paras. 25, 26, 27, 49, 50, 61 and 62)
“While noting that the Constitution and other domestic laws guarantee the principle of non-discrimination, the Committee notes with concern that this principle is not fully implemented for girls, including vidomégons (the practice of placing children with a third part as an act of mutual assistance or family or community solidarity), children in need of alternative care, children with disabilities, street children, children infected by HIV/AIDS, children living in rural areas, and children living in poverty, in particular with regard to their access to adequate health and educational facilities.
“The Committee recommends that the State party make greater efforts to ensure that all children within its jurisdiction enjoy the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention, by effectively implementing the existing laws which guarantee the principle of non-discrimination. The Committee recommends that the State party adopt a proactive and comprehensive strategy to eliminate de factor discrimination on any grounds and against all children, paying particular attention toe children belonging to vulnerable groups, and prioritize social and health services and equal opportunities to education and recreational activities for these children. The Committee also encourages the State party to create a supportive and gender-sensitive environment which promotes the equal rights of girls to participate in the family, at school, within other institutions, in local communities and in society in general.
“Furthermore, the Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention taken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account the Committee’s general comment No. 1 (2001) on the aims of education (art. 29.1).
“While noting measures undertaken by the State party, in particular the implementation of the programme of action for 2001-2006, the Committee reiterates its concern at the persisting de facto discrimination, lack of statistical data on the number of children with disabilities and insufficient educational opportunities for these children.
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (see CRC/C/69): ...
c) consider creating an inter-institutional plan with the support of local government and civil society and thereby strengthen cooperation between teachers, school management, parents, children and the society at large; ...
f) provide the necessary financial resources for the development of education for children with special needs and further encourage their inclusion into the general educational system and into society....
“The Committee notes with appreciation the various efforts undertaken by the State party, including the adoption of the national plan of action entitled “Education for All” and the Ten Year Development Plan for the Education Sector which, according to the delegation, will be revised....
“In the light of articles 28 and 29 of the Convention and taking into account the Committee general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to: ...
d) pay specific attention to gender, socio-economic and regional disparities in access to and full enjoyment of the right to education, including by introducing specific measures to ensure that children from economically disadvantaged households are not excluded and have equal opportunities;
e) reinforce the implementation of the Essential Learning Package to accelerate girls education and take effective measures to reduce the growing gender disparity in literacy levels, including measures aimed at altering cultural conceptions that literacy is aimed primarily at boys....”
Bhutan
(5 July 2017, CRC/C/BTN/3-5, Concluding observations on the combined third to fifth periodic reports, Paras. 15, 31, 32, 38, 39, 43 and 44) - 75th session
“While noting that discrimination is prohibited by law, the Committee recommends that the State party:
(a) Take prompt measures to end instances of discrimination in practice against girls, children with disabilities, children of ethnic Nepalese origin, children of single parents and undocumented children, in particular regarding the right to a nationality and education;
(b) Establish accessible and effective mechanisms and procedures to monitor, receive and address complaints of discrimination, in particular in circumstances of denial of school enrolment, as previously recommended (see CRC/C/BTN/CO/2, para. 26 (b)).”
“The Committee welcomes the studies conducted by the State party regarding the situation of and the services available to children with disabilities, the endorsement of the Standards for Inclusive Education at the National Education Conference, held in January 2017, and the creation of 14 inclusive education schools. The Committee is however concerned about the absence of a national law, a policy and programme on disabilities that affects the provision of adequate services to children with disabilities. The Committee is also concerned about the limited measures taken to promote inclusive education of children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and, in particular:
(a) Adopt an appropriate legal human rights-based framework for children with disabilities;
(b) Finalize promptly the development of a national policy on disabilities;
(c) Develop and implement a comprehensive strategy on the rights of children with disabilities, with their full and meaningful participation;
(d) Develop an efficient system for diagnosing disability at an early stage;
(e) Establish comprehensive measures for implementing inclusive education and, in particular, ensure that inclusive education is given priority over the placement of children in specialized institutions and classes across the whole country;
(f) Train teachers and education staff in inclusive education, enabling them to provide the individual support that is required by children with disabilities;
(g) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(h) Consider ratifying the Convention on the Rights of Persons with Disabilities.”
“The Committee welcomes the progress in reaching near universal primary education enrolment and the adoption of the strategic document entitled “Bhutan Education Blueprint 2014-2024”. The Committee is however concerned about:
(a) The absence of an appropriate legal education framework, including to make primary education compulsory and to regulate private education providers, namely, in terms of curriculum and teachers’ qualification;
(b) The construction of “central schools” (i.e., regional boarding schools) replacing schools in rural areas, which provide for children as young as 6 years, and the impact that may have on the child’s development and right to family life;
(c) Children continuing to being denied access to education owing to lack of documentation, affecting predominantly children of Nepalese ethnic origin;
(d) The high dropout or repetition rates;
(e) The gender gap in secondary education, particularly affecting girls in rural areas, and the enduring disparities between girls and boys in gaining access to tertiary education;
(f) The lasting practice of corporal punishment in schools, notwithstanding the directive from the Ministry of Education banning it;
(g) The occurrence of peer violence and sexual harassment in schools, also affecting lesbian, gay, bisexual, transsexual and intersex children.”
“The Committee recommends that the State party:
(a) Adopt comprehensive legislation on the right to education, in accordance with articles 28 and 29 of the Convention, which should make primary education compulsory and applicable to both public and private educational institutions, and should regulate private education providers in terms of the curriculum taught and the qualifications of the teachers employed;
(b) Conduct consultations with communities, parents and children from rural areas on any decision to close rural schools and build regional boarding schools and ensure that the cultural and emotional needs of children away from their homes are adequately met and regularly overseen to ensure their welfare;
(c) Review the education policy to ensure that all children in the territory of the State party, independently of their or their parents’ citizenship or immigration status, have the right to have access to education and ensure that local administrative practices are aligned with such policy;
(d) Adopt specific programmes aimed at lowering the dropout and repetition rates in primary and secondary education, and develop and promote quality vocational training to enhance the skills of children and young people who drop out of school;
(e) Address the social factors, including parental support and cultural expectations on the role of girls and women, to ensure girls’ equal access to all levels of education, including tertiary education, and give special consideration to education aimed at the empowerment of girls;
(f) Adopt national legislation to explicitly prohibit corporal punishment in all educational settings and develop public education and awareness-raising programmes, involving children, families, communities, teachers and religious leaders on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice, and to promote positive, non-violent and participatory forms of child-rearing and discipline;
(g) Develop and implement initiatives to combat violence, sexual harassment and bullying among children in schools, including towards lesbian, gay, bisexual, transsexual and intersex children, and train teachers and students to resolve conflicts peacefully, to create an environment of tolerance and respect;
(h) Seek technical assistance from UNICEF in the implementation of these recommendations.”
“The Committee remains seriously concerned about the situation of children of Nepalese ethnic origin in the State party and regrets the limited information provided on the enjoyment of rights by such children, and in particular in relation to their right to a nationality, to education, to health and to enjoy their own culture, practise their own religion and use their own language.”
“The Committee urges the State party to:
(a) Review the Citizenship Act of 1985 to extend citizenship to children born to at least one Bhutanese parent;
(b) Identify and correct practices that may discriminate against children of ethnic Nepalese origin who lack adequate documentation in their access to education and health services;
(c) Recognize the rights of children of ethnic Nepalese origin to enjoy their own culture, practise their religion and use their language;
(d) Seek the technical assistance of UNICEF in the implementation of these recommendations.”
(3 October 2008, CRC/C/BTN/CO/2 Unedited version, Concluding observations on second report, paras. 25, 26, 50, 51, 60, 61, 62 and 63)
“The Committee ... remains concerned over gender discrimination, the lack of services for children with disabilities, the gap of resources between rural and urban areas and the disparities in the enjoyment of rights experienced by children of Nepalese ethnic origin, particularly in relation to their right to a nationality, to education and to health services.
“The Committee recommends that the State party: ...
b) establish accessible and effective mechanisms and procedures to monitor, receive and address complaints of discrimination (e.g. prompt appeal in circumstances of denial of school enrolment)....
“The Committee notes measures the State party has undertaken in order to enhance access to specialised services and education for children with disabilities....
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities, take all necessary measures to:
a) adopt an inclusive education strategy and elaborate a plan of action in order to increase the school attendance of children with special needs and focus on day care services for these children in order to prevent their institutionalisation; ...
d) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol....
“The Committee welcomes that the Constitution guarantees free education to all children of school going age up to the class ten. The Committee also notes achievements in education indicators, such as the decrease of the gender gap, and the planned construction of primary and community schools. However, the Committee is concerned that ... a remarkable number of children are not enrolled, that regional disparities persist, that repetition and dropout rates are still high and that gender parity has yet to be still achieved....
“The Committee recommends that the State party:
a) ensure that primary education is compulsory and free of all costs and accessible in an equitable manner for all children; ...
d) provide more early education facilities and vocational training centres accessible in all regions of the country;
“The Committee, while noting as positive the planned re-opening of schools in south Bhutan and the abolishment of the ‘no objection certificate’ announced by the State party during the dialogue, is still concerned over prevailing discrimination in the field of education against children of Nepalese ethnic origin. The Committee notes with concern that these children have reduced access to education due to the lack of educational institutions at all levels and that they are denied education in their own language. The Committee is concerned over the lack of data on children of Nepalese ethnic origin attending school.
“The Committee recommends that the State party, in light of its obligations under articles 28, 2 and 30 of the Convention to provide education for all children within its jurisdiction, including for children of Nepalese ethnic origin, non-Bhutanese and stateless children.”
Bolivia
- (6 March 2023 CRC/C/BOL/CO/5-6 Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, paras. 23, 26, 30, 33, 39, 48.) - 92nd Session
- (2 October 2009, CRC/C/BOL/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 28, 51, 52, 67, 68, 85 and 86)
- (11 February 2005, CRC/C/15/Add.256, Concluding observations on third report, paras. 25, 26, 45, 46, 53 and 54)
(6 March 2023 CRC/C/BOL/CO/5-6 Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, paras. 23, 26, 30, 33, 39, 48.)
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: violence against children, sexual exploitation and abuse, children deprived of a family environment, children with disabilities, standard of living, and administration of child justice .”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(2 October 2009, CRC/C/BOL/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 28, 51, 52, 67, 68, 85 and 86)
“... The Committee is further concerned about the significant disparities in the State Party in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators such as enrolment in and completion of education, infant mortality rates and access to health care, indicating persistent discrimination against indigenous and afro-descendant children, girls, children with disabilities, children living in rural and remote areas and children from economically disadvantaged families.
“The Committee notes with appreciation initiatives to ensure the rights of children with disabilities, such as the new Constitution of 2009 which recognizes their right to universal education without discrimination. Nevertheless, the Committee is concerned that children with disabilities continue to experience discrimination, that most teachers are not properly trained to work with children with disabilities, and at the lack of collection and analysis of data concerning children with disabilities.
“The Committee recommends that the State Party: ...
d) proceed to ratify the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed on 13 August 2007; and
e) take into account art. 23 of the Convention, General Comment no. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the UN Standard Rules for Equalizing the Possibilities for Persons with Disabilities (General Assembly resolution 48/96).
“The Committee welcomes the new Constitution which establishes free and compulsory primary and secondary education. It also welcomes the “Juancito Pinto Bonus Programme” which has reduced dropout and increased school attendance, and takes note of the planned new educational law “Avelino Sinani” which deals with the cultural diversity in the country. The Committee is however concerned that not all children, particularly indigenous children, attend primary school despite the introduction of compulsory education ... and [at] the marked gender disparity in secondary school.
“The Committee recommends that the State Party: ...
c) ensure that also girls and indigenous children fully realize their right to education;
d) improve the quality of teacher training, particularly with regard to inter-cultural and bilingual education; ...
“While welcoming political, legal and institutional reforms with the aim of reversing the situation of exclusion and marginalization of the indigenous peoples, the Committee shares the concerns of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people at ... the failure to adapt the national education system to the traditional indigenous cultures....
“The Committee recommends that the State Party take all necessary measures to protect the rights of indigenous children and to guarantee their enjoyment of the rights enshrined in the national constitution, domestic law and in the Convention. In this regard, the Committee refers the State Party to its General Comment no. 11 (2009) on Indigenous Children and their rights under the Convention (CRC/C/GC/11) and to the recommendations issued by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, contained in his report (A/HRC/11/11, 2008).”
(11 February 2005, CRC/C/15/Add.256, Concluding observations on third report, paras. 25, 26, 45, 46, 53 and 54)
“The Committee is deeply concerned about the significant disparities in the State party in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators like enrolment in and completion of education, infant mortality rates and birth registration, indicating persistent discrimination against indigenous children, girls, children with disabilities and children living in rural areas.
“In light of article 2 of the Convention, the Committee recommends that the State party intensify its efforts to prevent and eliminate all forms of de facto discrimination against indigenous children, children with disabilities, girls and children living in rural areas.
“... The Committee also notes with concern the lack of public assistance and special education for children with disabilities; the large number of children with disabilities who do not attend any form of school education, especially in rural areas; and the lack of an integration policy in general for these children.
“The Committee recommends that the State party take all necessary measures: ...
c) to ensure and monitor the implementation of the Equality of Opportunity Act and Policy and to take into consideration the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex);
d) to provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within regular schools.
“While welcoming the recent reform of the education system and the increase in coverage of both primary and secondary education achieved in the last years, the Committee is concerned at continuing low enrolment rates, especially among girls and indigenous children; the considerable disparities in the coverage and quality of education between urban and rural areas; and high dropout rates and persistently high illiteracy rates, particularly among rural and indigenous children and girls....
“The Committee encourages the State party: ...
c) to strengthen efforts to bridge the gender disparity in education, giving special attention to promoting the education of rural girls;
d) to take measures to identify the causes of the high dropout rate in schools, particularly in rural areas, and to take steps to address the situation; ...
i) to ratify the UNESCO Convention against Discrimination in Education of 1960.”
Bosnia and Herzegovina
(5th December 2019, CRC/C/BIH/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 18, 33, 39 and 40)
“While welcoming the adoption of the revised Law on Prohibition of Discrimination (2016) and taking note of target 10.3 of the Sustainable Development Goals, the Committee recalls its previous concluding observations (para. 30) and recommends that the State party:
(a) Continue efforts to effectively implement the Law at all levels, includingby disseminating information on where children can report discrimination and harmonizing the legislation at all levels within the State party, in compliance with the Law;
(b) Address the negative impact of stereotyping and discriminatory attitudes on children’s rights and ensure that the media is sensitized to this stigmatization of children, particularly children in disadvantaged situations, including by encouraging the media to adopt codes of conduct.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee reiterates its previous recommendation (CRC/C/BIH/CO/2-4, para. 53) and recommends that the State party:
(a) Provide sufficient human, technical and financial resources to effectively implement the strategy for the advancement of the rights and status of persons with disabilities of the Federation of Bosnia and Herzegovina (2016–2021);
(b) Adopt a human rights-based approach to disability in all existing laws and accelerate their harmonization;
(c) Ensure that parents or caregivers of children with disabilities are given the support and financial assistance necessary to bring up their children;
(d) Provide a sufficient number of specialized teachers in all schools to ensure that all children with disabilities have access to high-quality inclusive education, including reasonable accommodation for their educational needs;
(e) Ensure that children with disabilities, including children with intellectual and psychosocial disabilities, have equal access to appropriate services, including health care, early detection and intervention programmes;
(f) Undertake awareness-raising campaigns targeted at government officials, the population and families in order to combat stigmatization and prejudice against children with disabilities and to promote a positive image of children with disabilities as rights holders.”
“The Committee notes with appreciation the efforts made by the State party, such as the adoption of the Platform for the Development of Preschool Education (2017–2022) and the Framework Action Plan on the Educational Needs of Roma in Bosnia and Herzegovina (2018–2022) as well as the Programme for International Student Assessment study in 2018. However, it remains concerned about:
(a) The segregation of children in education in relation to the system of two schools under one roof and mono-ethnic schools and the introduction of the so-called national group of subjects in the context of the process of integration of schools;
(b) The insufficient coordination efforts made by the Ministry of Civil Affairs of Bosnia and Herzegovina to reduce gaps in the quality of education among different jurisdictions, particularly in rural areas;
(c) Inadequate training for teachers with respect to their discriminatory attitude against students;
(d) The low rate of secondary education enrolment among Roma children;
(e) The high rates of school dropout owing to poverty and economic hardship;
(f) The inadequate conditions of school materials and capacities, including sanitary conditions, classroom equipment, heating systems and accessible facilities for children with disabilities;
(g) The still low enrolment rate in preschool, particularly among children in rural areas and those belonging to disadvantaged groups, and the lack of sufficient budgetary means to implement policies and programmes to improve preschool education”
“Taking note of target 4.A of the Sustainable Development Goals, and with reference to its previous recommendations (para. 63), the Committee urges the State party to:
(a) Abolish, without delay, the segregation of children in education and promote a common core curriculum across the State party with reference to the recommendations made by the Special Rapporteur in the field of cultural rights (A/HRC/25/49/Add.1, para. 104);
(b) Eliminate the “national group of subjects” from the school curriculum;
(c) Strengthen the role of the Ministry of Civil Affairs of Bosnia and Herzegovina and of the Conference of the Ministers of Education as a coordinating mechanism to ensure the quality of education in all territories of the State party, with particular emphasis on rural areas, including through the provision of quality training for teachers, and eliminate discrimination against students by teachers;
(d) Ensure the effective functioning of the monitoring mechanism for the revised action plan on the educational needs of Roma and increase financial resources to meet all the educational needs of Roma children, so as to increase their participation and inclusion in education at all levels, particularly secondary and higher education;
(e) Strengthen its efforts to improve school transportation, ensure free textbooks for all children in the State party and provide financial support to parents for educational costs to reduce school dropout at all levels of education;
(f) Increase the necessary funding and measures to improve school equipment, including with respect to hygiene and accessibility for children with disabilities and school heating systems;
(g) Allocate sufficient financial resources for the effective implementation of early childhood education policies and programmes with special attention paid to children in rural areas, Roma children and children with disabilities, and raise awareness of the importance of preschool education among parents and family members of children.”
“The Committee welcomes the State party’s ratification of the Convention on the Rights of Persons with Disabilities in 2010. However, the Committee is concerned that no concrete steps have been taken to establish a clear legislative definition of disability and ensure the alignment of national, entity and cantonal legislation with the provisions of that Convention. In particular, the Committee is concerned about:
(a) Inclusive education remaining severely limited, with the majority of children with disabilities staying at home or being segregated in special institutions/schools, resulting in stigmatization and compromised access to employment opportunities and social services;
(b) Insufficient and inadequate care and support, with service providers, in particular centres for social work and health-care centres, not being adequately equipped and prepared to provide services and support necessary for addressing the needs of children with disabilities while allowing them to continue living with their families;
(c) The inadequate application of legal provisions on construction, resulting in the persistence of architectural and physical barriers in public areas, including schools;
(d) The disparity between the protection afforded to persons with war-related disabilities and persons with disabilities resulting from an accident, illness or existing since birth, in particular children, resulting in unequal and lesser protection being provided to the latter.
“In the light of its general comment No. 9 ( CRC/C/GC/9 and Corr.1 , 2006 ) , the Committee urges the State party to establish a clear legislative definition of disability and ensure conformity of the legislation, policies and practices in all its territories with, inter alia, articles 23 and 27 of the Convention, particularly for cognitive and mental disabilities, with the aim of effectively addressing the needs of children with disabilities in a non-discriminatory manner. Furthermore, the Committee recommends that the State party:
(a) Ensure that children with disabilities enjoy their right to education, and provide for their inclusion in the mainstream education system to the greatest extent possible, including by developing a disability education action plan to specifically identify current inadequacies in resources, and to establish clear objectives with concrete timelines for the implementation of measures to address the educational needs of children with disabilities;
(b) Strengthen support measures for parents to care for their children with disabilities, and, where placement in care is necessary, ensure that it is done with full regard for the principle of the best interests of the child and in care centres that are provided with adequate human, technical and financial resources to provide the services and support necessary for children with disabilities and their families;
(c) Ensure that legal provisions on construction and their implementation address environmental barriers that hinder the full and effective participation of children with disabilities in society on an equal basis;
(d) Address the disparity between the protection afforded to persons with war - related disabilities and children with disabilities resulting from an accident, illness or existing since birth in order to ensure that equal protection and support is provided to the latter.
(21 September 2005, CRC/C/15/Add.260, Concluding observations on initial report, paras. 44, 45, 46, 57, 58 and 59)
“While the Committee welcomes the various legislative measures taken for the protection of children with disabilities, it notes with concern that discriminatory practices and prejudices still exist towards disabled persons, including children and that they lack sufficient medical care and educational opportunities.
“While the Committee welcomes the new framework law on primary and secondary education (2003), which requires inclusive learning and integration of children with special needs into mainstream education, it regrets that, so far, the implementation of the law has been inconsistent.
“The Committee encourages the State party to actively pursue its current efforts and to continue to:
a) review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69);
b) make efforts to detect disabilities within the educational system and ensure better evaluation of the overall needs of students with disabilities;
c) take concrete and specific measures to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system, including vocational education....
“The Committee is concerned that there exists extensive discrimination regarding access to education by ethnic and/or national minorities, especially Roma (only 33 per cent of whom attend primary school). Furthermore, the Committee is concerned that other marginalized groups of children, including refugees and returnees and children with disabilities face difficulties of access to schooling.
“The Committee is also concerned about:
a) the still existing phenomenon of the “two-schools-under-one-roof” system, whereby - in some Cantons - common premises are either divided or being used at different times by children of different ethnicity, who are taught a different curriculum depending on their national origin....
“The Committee recommends that the State party: ...
b) take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. minority groups, those living in poverty, refugee and returnee children, Roma children, children with disabilities, etc.); ...
f) in the light of article 29 on the aims of education, harmonize the educational system throughout the country, eliminate the so-called system of “two-schools-under-one-roof” and establish adequate programmes and activities with a view to create an environment of tolerance, peace and understanding of cultural diversity shared by all children to prevent intolerance, bullying and discrimination in schools and society at large....”
Botswana
((26 June 2019, CRC/C/SR.2388 and 2389, Concluding observations on the combined second and third reports, paras. 11,13, 21, 22, 43, 44, 52, 53) - 81st Session
The Committee commends the State party for the substantial resources allocated to the social sector, including child and family benefits, but is concerned that budget allocations do not match the needs. It also regrets the insufficient resources allocated to health and primary education, and the lack of a tracking system for the allocation and use of resources to implement children’s rights. Furthermore, while the Committee notes the efforts of the State party to combat corruption, it is concerned about incidences of corruption and illicit financial flows that divert resources necessary for the implementation of children’s rights.
Recalling its previous recommendations (CRC/C/15/Add.242, para. 22), the Committee recommends that the State party:
(a) Expeditiously establish the social registry and ensure that it functions as a comprehensive data - collection system that covers all areas of the Convention, with data disaggregated by age, sex, disability, nationality, geographic location and socioeconomic background in order to facilitate analysis on the situation of all children;
(b) Ensure the effective coordination and harmonization of data collection by the ministries concerned, civil society organizations and development partners to avoid duplication and discrepancies in data, including by widely sharing the data and indicators available;
(c) Ensure that data is used for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention;
(d)Strengthen its technical cooperation with, among others, the United Nations Children ’ s Fund (UNICEF) and take into account the report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) entitled Human Rights Indicators: A Guide to Measurement and Implementation when defining, collecting and disseminating statistical information.
The Committee notes the prohibition of discrimination in the Children’s Act but is concerned that some groups of children suffer from discriminatory attitudes and disparities in accessing basic services.
The Committee recommends that the State party:
(a) Strengthen its efforts to eradicate all discriminatory policies and practices by, inter alia, ensuring access to social services for children living in remote areas and children of foreign nationality, providing anti-discrimination training to law enforcement officials and integrating the principle of non-discrimination into the school curriculum, with a view to ensuring that children enjoy all the rights set out in article 2 of the Convention;
(b) Conduct comprehensive public education and awareness-raising programmes, including campaigns, to combat and prevent discrimination against children with disabilities, children in street situations, children born to unmarried parents, orphans and children in foster care, children affected by HIV/AIDS and children of foreign nationality.
The Committee welcomes the establishment of the Disability Public Education Office to combat the stigmatization of and discrimination against children with disabilities and the steps taken by the State party towards adopting a human rights-based approach to disability. It also notes that a draft national disability framework is pending approval by parliament. It is concerned, however, about the lack of information regarding the situation of children with disabilities and the insufficient progress in ensuring their access to inclusive education.
Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Adopt, as a matter of priority, the draft national disability framework and allocate sufficient human, technical and financial resources for its implementation;
(b) Undertake a study on the situation of children with disabilities, including those not currently accessing services or support, and use its findings to inform the implementation of the Convention and existing laws and policies;
(c) Guarantee all children with disabilities, including those with intellectual and psychosocial disabilities, the right to inclusive education in mainstream schools, with adequately trained specialized teachers and professionals to provide individual support and all due attention to them;
(d) Prevent the separation of children with disabilities from their families by providing support and services to enable families to care for their children, including through cash grants;
(e) Continue strengthening its awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities, especially children with psychosocial and intellectual disabilities, and promote a positive image of such children.
The Committee welcomes the efforts made by the State party to improve children’s access to quality education, including through the Education and Training Sector Strategic Plan 2015–2020, the Inclusive Education Policy and the out-of-school education for children programme. It also notes that primary education is free and compulsory under the Children’s Act. The Committee remains concerned, however, that primary education is not free for children of foreign nationality and dropout rates remain high, particularly among girls due to pregnancy. It is also concerned about low completion rates, the large number of children who are out of school and the introduction of fees for secondary school in 2006.
Taking note of targets 4.1, 4.4, 4.5 and 4.7 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Guarantee the right to free quality education for all girls and boys, including of foreign nationality, and effectively reduce regional disparities in access to education;
(b) Enhance efforts to improve the quality of education at all levels, including by reducing the pupil-teacher ratio, providing continuous training to teachers, improving school equipment and infrastructure, conducting a midterm review of the Education and Training Sector Strategic Plan 2015–2020 and reviewing the curriculum to make education relevant to children ’ s social, cultural, environmental and economic context and to equip all children with essential life skills;
(c) Strengthen efforts to keep pregnant girls in mainstream schools and reintegrate pregnant girls and adolescent mothers into the mainstream school system by providing counselling in parenting skills and childcare facilities;
(d) Develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school, with a particular emphasis on those living in remote areas.
(3 November 2004, CRC/C/15/Add.242, Concluding observations on initial report, paras. 27, 28, 29, 46 and 47)
“... The Committee is deeply concerned at the situation of girls, in particular adolescent girls who, as acknowledged by the State party, suffer marginalization and gender stereotyping, compromising their educational opportunities....
“The Committee recommends that the State party: ...
c) pay special attention to the situation of girls through education campaign, participation, support and protection of girls....
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in 2001, taking into account General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“While welcoming the formulation of a national policy on the care of people with disabilities, the Committee is concerned that children with disabilities are still discriminated against and often considered “an embarrassment” by their parents, are not adequately integrated in the society or in the mainstream school system and do not have adequate access to social services, including health care, especially those living in remote areas.
“In the light of the Standards Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of the children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party continue to strengthen its efforts to combat discriminatory attitudes towards children with disabilities, particularly amongst children and parents, and promote their participation in all aspects of social and cultural life. The State party should also ensure that all children with disabilities have access to health care facilities and education and, wherever possible, they are integrated into the mainstream education system.”
Brazil
(30th October 2015, CRC/C/BRA/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 23, 24, 49, 50, 71, 72, 73, 74, 75 and 76) - 70th Session
“The Committee is concerned about the structural discrimination against indigenous and Afro-Brazilian children, children with disabilities, lesbian, gay, bisexual, transsexual and intersex children, children in street situations, and children living in rural, remote, and marginalized urban areas, including favelas. The Committee is also seriously concerned that strategies aimed at eliminating discrimination based on gender, sexual orientation and race have been removed from the education plans of several states. Furthermore, it is concerned about the patriarchal attitudes and gender stereotypes that underpin discrimination against girls and women.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to combat discrimination against and stigmatization and social exclusion of children living in poverty in marginalized urban areas, such as favelas, as well as children in street situations, and Afro-Brazilian and indigenous children and girls;
(b) Enact legislation to prohibit discrimination or the incitement of violence on the basis of sexual orientation and gender identity and continue the Schools without Homophobia project;
(c) Prioritize the elimination of patriarchal attitudes and gender stereotypes, including through educational and awareness-raising programmes.”
“The Committee takes note of Act No. 11.942 of 2009 governing minimum assistance services for incarcerated mothers and their children. However, it is concerned that this legislation has not been implemented effectively. The Committee is seriously concerned about overcrowding and poor sanitation facilities in prisons, as well as about limited access to health services, education and recreational activities for incarcerated mothers and their children.”
“The Committee urges the State party to take all necessary measures to implement Act No. 11.942 of 2009 effectively and to improve the conditions for children incarcerated with their mothers, including by increasing the human, technical and financial resources allocated to female prisons, with a view to expeditiously ending overcrowding and guaranteeing access to adequate sanitation and to health services, and to education and recreational activities for the children.”
“The Committee is deeply concerned about the forced eviction of over 250,000 people, including children, in the implementation of urban infrastructure projects and in the construction of stadiums for the 2014 World Cup and 2016 Olympic Games. It is particularly concerned about:
(a) The worsening living conditions for evicted families, due, among other things, to insufficient compensation, as well as cases where demolitions took place before resettlement, resulting in the deprivation of housing for families;
(b) The severe disruption and hindrance to access to health services and education for children who are victims of forced evictions;
(c) Threats and intimidation of families to leave their homes, by government authorities;
(d) The lack of independent and effective mechanisms for investigations and redress for cases of forced evictions.”
“The Committee urges the State party to:
(a) Guarantee timely, fair and adequate compensation for families that are evicted in the course of urban infrastructure projects and/or the construction of stadiums prior to the 2016 Olympic Games;
(b) Ensure that the rights of the child to an adequate standard of living, access to education and health care are guaranteed in cases of forced eviction;
(c) Ensure transparency, consultation, dialogue, fair negotiation and the participation of communities affected by evictions, especially in connection with the 2016 Olympic Games;
(d) Establish an independent complaints mechanism for communities and children affected by forced evictions.”
“The Committee welcomes Constitutional Amendment No. 59 of 2009 making education compulsory for children between 4 and 17 years of age. However, the Committee is concerned about:
(a) The disparities in the access to and quality of education between urban and rural or remote areas, with the latter having significantly lower enrolment rates, particularly at the secondary level, as well as lower completion and literacy rates among Afro-Brazilian and indigenous children;
(b) The very high dropout rates of teenage mothers, pregnant girls and girl child domestic workers;
(c) Budget cuts in the education sector and their negative effects on the implementation of the National Education Plan;
(d) The increasing number of public schools that are managed by the military police and employ non-civilian teachers who are not adequately trained and use authoritarian teaching and disciplinary methods.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Invest in improving the school infrastructure, including the access to water and sanitation, particularly in rural and remote areas; set up new schools in those areas; allocate adequate human, technical and financial resources to those schools; and provide quality training for teachers, with a view to guaranteeing accessibility and quality of education for indigenous children and children living in rural and remote areas;
(b) Address the root causes of children living in marginalized urban areas, particularly Afro-Brazilian children, dropping out of school, including poverty, family violence, child labour and teenage pregnancy, and develop a comprehensive strategy to address the problem; inter alia, the measures adopted should include support for pregnant teenagers and adolescent mothers to continue their education;
(c) Increase funds to the education sector in order to strengthen public education and to prioritize the implementation of the National Education Plan, and in doing so, ensure that in instances of resource scarcity, allocations to public education institutions are prioritized;
(d) Ensure that all schools are operated by civilian authorities that apply child-friendly disciplinary rules and teaching methods; and expeditiously phase out public schools run by the military.”
“The Committee is concerned about the increased involvement of the private sector in education, in particular:
(a) The high fees for private schools, which exacerbate existing structural discrimination in access to education and reinforce educational inequalities;
(b) The increase in public funding for the private education sector, including for profit-oriented educational institutions, as well as in the form of tax incentives for enrolment in private education and funding for nurseries, preschools and special education institutions through public-private partnerships (conveniamentos);
(c) The increasing purchase by municipalities of standardized teaching and school management systems from private companies, which include teaching and teacher training materials and school management packages that may not be adequately customized for effective use.”
“The Committee reminds the State party of its primary responsibility for guaranteeing and regulating education and reiterates the importance of public investment in education. In this regard, the Committee recommends that the State party take into consideration the recommendations made by the Special Rapporteur on the right to education (see A/HRC/29/30) and establish a comprehensive framework of regulations for private education providers. The Committee also recommends that the State party:
(a) Establish a clear regulatory framework, under which all private education providers are obliged to report regularly to designated public authorities on their financial operations, in line with prescriptive regulations, covering matters such as school fees and salaries, and to declare, in a fully transparent manner, that they are not engaged in for-profit education as recommended by the Special Rapporteur on the right to education (see A/HRC/29/30, para. 125);
(b) Phase out the transfer of public funds to the private education sector and review its policies with regard to tax incentives for enrolment in private educational institutions in order to ensure access to free high-quality education at all levels, in particular nurseries and preschools, for all children, by strictly prioritizing the public education sector in the distribution of public funds;
(c) Stop the purchase of standardized teaching and school management systems by municipalities from private companies.”
(28th October 2015, CRC/C/OPAC/BRA/CO/1, Concluding observations on the report submitted by Brazil under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 20, 21, 30 and 31)- 70th Session
“The Committee notes that children enrolled in military schools are allowed to join and leave them voluntarily, are not considered military personnel, do not receive military training, are not subject to military discipline or to mobilization in case of an armed conflict and are not obliged to pursue a military career. It is, nevertheless, concerned about:
(a) Students below 18 years of age who are enrolled in the reservist training course or in preparatory military schools receiving specific military training, including on the use of firearms, and being subject to the Military Penal Code and to the army’s disciplinary regulations;
(b) The lack of disaggregated data by age, state, rural/urban areas and socioeconomic and ethnic origin on the students attending these military schools and preparatory military schools;
(c) The lack of access to an independent complaints and investigation mechanism for students under the age of 18 years enrolled into military schools and preparatory military schools.”
“The Committee recommends that the State party take all necessary measures to:
(a) Ensure that children who are enrolled in the reservist training course or in preparatory military schools are considered as civilians until they turn 18, are exempt from receiving military training, in particular on the use of firearms, and are not subject to military discipline or punishment;
(b) Provide systematic information and disaggregated data by age, region, rural/urban areas and socioeconomic and ethnic origin on the students attending military schools and preparatory military schools;
(c) Provide children attending military schools and preparatory military schools with adequate access to independent complaints and investigation mechanisms.”
“While noting the creation in 2015 of a working group on the situation of migrant and unaccompanied children with a view to improving procedures related to documentation and migratory regularization, the Committee remains concerned about the lack of mechanisms for ensuring the early identification of refugee, asylum seeking or migrant children who may have been recruited or used in hostilities abroad. The Committee also regrets the lack of information on the steps taken by the State party to provide for their physical and psychological recovery and rehabilitation and to promote their reintegration into society.”
“The Committee recommends that the State party:
(a) Provide systematic training on the early identification of migrant, refugee and asylum seeking children who may have been recruited into armed conflicts to all professionals working with and/or for children, particularly immigration personnel, law enforcement officers, judges, prosecutors, social workers and medical professionals;
(b) Collect comprehensive data on those children disaggregated by age, sex and nationality;
(c) Take all necessary measures to ensure that those children are provided with physical and psychological recovery and have access to rehabilitation and reintegration programmes. Such measures should include careful assessment of the situation of those children, reinforcement of the legal advisory services available for them and the provision of immediate, culturally responsive, child-sensitive and multidisciplinary assistance for their physical and psychological recovery and their social reintegration in accordance with the Optional Protocol;
(d) Seek technical assistance from the United Nations Children’s Fund (UNICEF) and the Office of the United Nations High Commissioner for Refugees for the implementation of these recommendations.”
(3 November 2004, CRC/C/15/Add.241, Concluding observations on initial report, paras. 50, 51, 71 and 72)
“The Committee ... remains concerned at the very poor living conditions of children with disabilities, their lack of integration in schools and society and at prevailing societal discriminatory attitudes towards them.
“The Committee recommends that the State party: ...
b) take measures to eliminate physical and architectural barriers to the access and use of persons with disability to public buildings, transport, etc.; ...
e) establish special education programmes for disabled children and include them in the regular school system to the extent possible; ...
h) take into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendation adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339);
i) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.
“The Committee welcomes the fact that social organization, customs, languages, creeds and traditions are recognized to indigenous communities in the Constitution of 1988. However, as noted by the State party, the Indian Statute promotes for an integration which is not in accordance with the principle of respect for diversity of cultures. The Committee also welcomes the fact that, according to law 10.406/02, indigenous people are no longer considered “relatively incapable citizens”. It also welcomes the efforts made by the State party to stimulate bilingual education. However, the Committee is deeply concerned by the low standard of living of indigenous children, low educational opportunities and quality of health services, and malnutrition.
“The Committee urges the State party to pursue measures to effectively address the gap in life opportunities of indigenous children. Training and awareness-raising activities should be provided to break social prejudice, in order to revert the historical logic of colonization, which jeopardizes any chance of attaining genuinely equal treatment.”
Brunei Darussalam
(27 October 2003, CRC/C/15/Add.219, Concluding observations on initial report, paras. 48, 49 and 50)
“The Committee recommends that the State party: ...
b) review the existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on the issue of “The rights of children with disabilities” (see CRC/C/69); ...
f) undertake greater efforts to promote and expand community-based rehabilitation programmes, including parent support groups, and inclusive education of children with all forms of disability....
“The Committee notes the very good education indicators, the broad scope of education in schools, encompassing a development-oriented co-curriculum besides the academic curriculum, and the intention to incorporate the Convention into school curricula, but remains concerned that: ...
b) insufficient services are provided for children with learning difficulties.
“The Committee recommends that the State party: ...b) taking into account the Committee’s general comment No. 1 on the aims of education, include human rights education, including about children’s rights, in the curricula, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities;
c) further develop services for children with learning difficulties....”
Bulgaria
(21st November 2016, CRC/C/BGR/CO/3-5, concluding observations on the combined third to fifth periodic reports, paras 19, 20, 38, 39, 46, 47, 48 and 49) - 72nd Session
“While noting as positive the introduction of the National Strategy for Roma Integration (2012-2020), the Committee remains deeply concerned at the persistent discrimination against Roma children. Of particular concern are reports indicating that existing discrimination against Roma in all areas of life is among the principal reason leading to the placement of Roma children in institutions. Further concern is expressed that Roma children, as well as children with disabilities, asylum seeking and refugee children, minority children and children living in remote areas, continue to face discrimination with regard to access to education, health care and adequate housing. The Committee is also concerned that the Commission for the Protection against Discrimination does not have a special unit to deal with cases of discrimination against children.”
“The Committee urges the State party to:
(a) Ensure full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards Roma children, children with disabilities, minority children and refugees and asylum seeking children;
v(b) Ensure that children living in rural areas have access to quality education, adequate health care and housing;(c) Implement the National Strategy for Roma Integration (2012-2020) and ensure the availability of sufficient human, technical and financial resources;
(d) Introduce a specific mechanism within the Commission for Protection against Discrimination to address cases of discrimination against children.”
“While the Committee welcomes the ratification by the State party of the Convention on the Rights of Persons with Disabilities, in 2012, and the adoption of a number of strategic national plans, it is concerned that:
(a) The absence of a standard legal definition providing for children with disabilities, combined with a lack of reliable data, hinders the delivery and evaluation of services for them;
(b) A disproportionate number of children with disabilities continue to live in institutions, owing to, inter alia, stigmatization of children with disabilities and a fragmented system of social assistance, which does not sufficiently encourage and support families to keep their children at home;
(c) Parents may decide not to place a child with disabilities in inclusive education, without taking into account his or her best interests, which results in a large proportion of children with disabilities attending special schools;
(d) Although the draft law on Preschool and School Education proposes the development of an inclusive education system, it does not provide for the necessary measures to change teaching methods, nor for the provision of specialized training for teachers. It, however, proposes establishing three categories of alternative support centres for children with disabilities, which may undermine efforts to ensure inclusive education for all;
(e) Inclusion of children with intellectual and psychosocial disabilities remains unsatisfactory due to a lack of trained specialists, including speech therapists, mental health professionals and psychologists.”
“In the light of its general comment no. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and establish a comprehensive strategy to ensure the inclusion of children with disabilities. It also urges the State party to:
(a) Enhance data collection relating to children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention and the existing laws and policies;
(b) Reform the social assistance system for children with disabilities and their families in order to improve coherence and coordination and avoid institutionalization;
(c) Give priority to measures that facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, including leisure activities, community-based care and provision of social housing with reasonable accommodation;
(d) Undertake awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities;
(e) Guarantee all children with disabilities the right to inclusive education in mainstream school, independent of parental consent;
(f) Train and assign specialized teachers and professionals in integrated classes to provide individual support and due attention to children with learning difficulties and address the shortage of speech therapists and qualified professionals for children with mental and psychosocial disabilities;
(g) Revise the draft law on Preschool and School Education to ensure that the proposed three categories of alternative support centres for children with disabilities do not undermine efforts to ensure inclusive education for all.”
“While noting as positive the efforts made by the State party to address poverty and social exclusion through the National Strategy for Reducing Poverty and Encouraging Social Inclusion and the National Development Programme, the Committee remains deeply concerned that:
(a) Children in marginalized and remote and rural communities continue to be disproportionately affected by poverty, while families with more than three children, Roma families and families with children with disabilities are at higher risk of experiencing multidimensional poverty;
(b) Inadequate housing continues to be a problem, particularly for Roma families who are often subjected to forced evictions, which leaves children without access to basic services — including clean and safe drinking water and sanitation — and therefore vulnerable to serious health problems.”
“The Committee draws the State party’s attention to Sustainable Development Goal 1.3 on implementing nationally appropriate social protection systems and measures for all and recommends that the State party…
(c) Review its legislation, policies and programmes on housing in order to prevent and eliminate homelessness, taking into account the special needs of children, including Roma children, children with disabilities, their families and young people leaving alternative care…”
“The Committee welcomes efforts made to: reduce urban and rural disparities in accessing quality education, enhance the provision of early childhood education, integrate Roma children into mainstream schools, reduce dropout rates and guarantee access to free public education and educational support services for asylum-seeking and refugee children. However, the Committee remains seriously concerned that:
(a) Children living in rural areas and small towns still face inequality in accessing quality education;
(b) The high levels of non-attendance and the large number of students who drop out of school is still a problem in many parts of the country;
(c) Participation in preschool, primary, secondary and vocational education for Roma children, particularly for Roma girls, remains low with many Roma children continuing to face segregation in the school system.
(d) Asylum-seeking children placed in detention centres based in remote areas do not have access to full-time education.”
“In the light of its general comment No. 1 (2001) on the aims of education and with reference to Sustainable Development Goals 4.1 and 4.2 on ensuring that, by 2030, all girls and boys complete free, equitable and quality primary and secondary education and have access to quality early childhood development, care and pre- primary education, the Committee recommends that the State party:
(a) Further strengthen its efforts to improve access to quality education in rural areas and in small towns, including access to preschool and secondary and higher education;
(b) Develop programmes with monitoring and evaluation mechanisms to reduce drop-out rates;
(c) Facilitate the participation and inclusion of Roma children in education at all levels — including preschool education — raise awareness of teachers and staff of psychological and pedagogical counselling centres about the history and culture of Roma people and ensure the use of non-verbal and culturally sensitive tests;
(d) Ensure the full enjoyment of the right to education by asylum-seeking children, regardless of their status, length of stay or residence, on equal footing with all other children in the country.”
(6 June 2008, CRC/C/BGR/CO/2 Unedited version, Concluding observations on second report, paras. 24, 39, 40, 43, 44, 55, 56, 57, 58, 71 and 72)
“While noting the efforts undertaken by the State party to counter discrimination, including through the Law on Protection against Discrimination, the Committee is deeply concerned at the persistent discrimination against Roma children, as well as children living in institutions and children with disabilities, in particular with regard to access to education, healthcare and housing....
“While noting the Government’s efforts to deinstitutionalize children, and also to improve the situation of children in institutions, the Committee is concerned that limited progress has been made in reducing the large number of children, especially Roma children, placed in institutions....
“The Committee recommends that the State party, while taking into account the recommendations of the Day of General Discussion on children without Parental Care (CRC/C/153): ...
e) provide these children with mainstream education....
“The Committee is concerned at the persisting shortage of resources for the development of educational, social and health services for children with disabilities and their families in their own living environment. Furthermore, the Committee is concerned that children with disabilities are often placed in large residential institutions and that these institutions do not provide the professional competence and special equipment required. The Committee is also concerned at the lack of efforts to develop an effective monitoring and data collection systems on the situation in social care homes for children with disabilities, particularly with regard to the right of children with disabilities to education. The Committee is also concerned that Roma children with disabilities experience double discrimination.
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 (CRC/C/GC/9) on the rights of children with disabilities, take all necessary measures to:
b) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers;
c) establish a formal monitoring system for residential care homes for children which closely examines the right to education of children with mental and other disabilities, as well as ensure that monitoring incorporates concrete steps to follow up recommended actions, and favours the participation of civil society organizations;
d) develop and effectively apply new regulations to ensure that management of homes for children with mental disabilities is regularly evaluated in relation to securing the right to education and other rights for children living in the homes;
e) establish and implement a comprehensive data collection system which takes into consideration the number of children with disabilities (disaggregated by age, sex, and ethnic or social origin), number and categories of homes for children with mental disabilities, number of children entering and leaving the homes, information on where children are moved to, information on the number of children who have been integrated into special schools or mainstream schools....
“... The high drop-out rates, a concern of the Committee in the Concluding Observations following the Initial Report in 1997, were not reduced, so that more than 25 % of the children in rural areas do not even finish the 8th grade. In general, the quality of education and the marked urban-rural disparities are a serious concern of the Committee.
“The Committee notes the efforts of the State party to better integrate Roma children in mainstream schools, including the National Programme and the Action Plan of 2005, but regrets the lack of data about Roma children and their educational achievements and remains concerned at the limited success of the efforts resulting in the continuation of segregated schools for Roma children and high repetition and drop-out rates. The Committee welcomes the goal of including the majority of children with disabilities in general education schools and regrets that the goal could not be realized. The Committee is concerned that many of these children are still regarded as uneducable and live in special boarding schools and that schools which enrol children with disabilities do not receive additional resources to assist these children appropriately.
“The Committee welcomes that one preschool year is mandatory and free, but is concerned that preschool facilities, which, according to the State party report, have unoccupied places, are not used for preparation of children with disabilities and Roma children for school. Furthermore, the Committee is concerned at the insufficient provision of vocational education and training, including for children who dropped out of school.
“The Committee recommends that the State party: ...
c) strengthen its efforts to integrate Roma children into the general school system by enhanced teacher training, curriculum revisions and appropriate teaching and learning methods as well as intensified parental education and participation;
d) include children with disabilities in the general school system, provide the needed personnel and material resources to the schools in which these children are enrolled and reduce the number of schools for children with special educational needs to the unavoidable minimum taking into account the Committee's General Comment No. 9 ‘The rights of children with disabilities’ (CRC/C/GC/9);
e) expand early childhood development programmes and preschool education to more children and in particular use the mandatory year before primary school for a better preparation of children from ethnic minorities, in particular Roma children, and children with disabilities taking into account the Committee's General Comment No. 7 ‘Implementing child rights in early childhood’ (CRC/C/GC/7/Rev.1)....
“While noting that efforts are undertaken to ensure equal enjoyment of rights for Roma children as through the National Action Plan on the Decade of Roma Inclusion, the Committee remains deeply concerned at the negative attitudes and prejudices of the general public as well as about the overall situation of children of minorities and in particular Roma children, especially with regard to discrimination and disparities, poverty and their equal access to health, education, housing, employment and decent standard of living.
“The Committee urges the State party to:
a) initiate campaigns, at all levels and in all regions, aimed at addressing the negative attitudes towards the Roma in society at large, including among police and professionals;
b) strengthen its efforts to remove discrimination and to continue developing and implementing - in close collaboration with the minority communities and especially the Roma community - policies and programmes aimed at ensuring equal access to culturally appropriate services, including education; and
c) develop curricula units for children at school level, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for the rights of Roma in Bulgarian society.”
Burkina Faso
(10 July 2013, CRC/C/OPSC/BFA/CO/1, Concluding observations on the initial report of Burkina Faso, submitted under article 12 of the Optional Protocol on the sale of children, child prostitution and child pornography, adopted by the Committee at its sixty-second session, paras. 19)
“Recalling its previous recommendations under the Convention (CRC/C/BFA/CO/3-4, paras. 35 and 55, 2010), the Committee urges the State party to:
(a) Strengthen its efforts to establish a national system of free birth registration and increase its awareness-raising activities about birth registration, especially in rural areas;
(b) Set up educational programmes for parents and children in order to challenge discriminatory customs and traditions and stereotypical attitudes regarding the roles and responsibilities of women and girls in the family and in society;
(c) Adopt a comprehensive and targeted approach which studies and addresses the relevant root causes and risk factors of offences under the Optional Protocol, including poverty and absence of parental care, and which targets children in the most vulnerable situations;
(d) Intensify its efforts to design and implement preventive strategies against all the offences covered by the Optional Protocol and take effective steps to remove children from situations of forced labour and other situations of servitude, including by establishing effective mechanisms for the detection and referral of children in need; and
(e) Consider ratifying International Labour Organization (ILO) Convention No. 189 (2011) concerning decent work for domestic workers.
- (29 January 2010, CRC/C/BFA/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 52, 53, 64 and 65)
- (9 October 2002, CRC/C/15/Add.193, Concluding observations on second report, paras. 23, 46, 47, 50 and 51)
(29 January 2010, CRC/C/BFA/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 52, 53, 64 and 65)
“The Committee takes notes of the current adoption of a Law and a Strategy on the protection of disabled persons as well as the creation in 2005 of a multisectoral committee for the equalization of opportunities for persons with disabilities. However, while the Committee notes that efforts were made to provide children with disabilities with financial support and school opportunities, it expresses concern that children with disabilities continue to have a limited access to appropriate health care, education and job opportunities....
“While adopting its Law and Strategy on disabled persons, the Committee urges the State carefully review and implement the previous recommendations of the Committee (CRC/C/15/Add.193 para. 47) and to: ...
c) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities; ...
e) strengthen policies and programmes of inclusion in regular education, train teachers and make schools accessible; ...
h) take into account the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006)
“The Committee ... is however concerned that: ...
e) significant disparities persist in accessing education between provinces, urban and rural areas and between girls and boys; ...
“The Committee recommends that the State party: ...
e) reduce disparities among provinces in access to and full enjoyment of the right to education; ...
h) take into consideration General Comment No. 1 on the aims of education of 2001 and General Comment No.7 on Implementing child rights in early childhood of 2005.”
(9 October 2002, CRC/C/15/Add.193, Concluding observations on second report, paras. 23, 46, 47, 50 and 51)
“While noting that discrimination is prohibited under the Constitution, that acts of discrimination are an offence under the new Penal Code and that several measures have been taken to promote the rights of girls and women (establishment of the Ministry for the Advancement of Women and of the Department for the Promotion of Girls’ Education, etc.), the Committee is concerned at the persistence of de facto discrimination in the State party. In particular, the Committee is concerned at the disparities in the enjoyment of rights, e.g. in education, experienced by children belonging to the most vulnerable groups, among others, girls, children with disabilities, children born out of wedlock, children born of incest and children living in rural areas.
“While noting the plans for a national rehabilitation policy and a national plan of action, the Committee is concerned at the lack of statistical data on children with disabilities in the State party, at the situation of children with physical and mental disabilities and, in particular, at the limited specialized health care, education and employment possibilities available to them. The Committee is concerned further that poor health conditions and poverty are leading to an increase in the number of children with disabilities.
“The Committee recommends that the State party:
a) ensure the use of adequate and comprehensive data in the development of policies and programmes for children with disabilities;
b) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities;
c) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339); ...
e) strengthen policies and programmes of inclusion in regular education, train teachers and make schools accessible....
“The Committee ... remains deeply concerned at the ... important regional disparities.... The Committee also welcomes the efforts undertaken by the State party to increase the school enrolment of girls, but remains concerned at the disparities in school enrolment between boys and girls....
“The Committee recommends that the State party:
a) ensure that all children, especially girls, wherever they live, including the least developed areas, have equal access to educational opportunities; ...
h) take measures to enable children with disabilities to have access to regular schools and to ensure that these children have access to formal and vocational educational opportunities....”
Burundi
(20 October 2010, CRC/C/BDI/CO/2, Concluding observations: Burundi, paras. 50, 51)
“Noting the efforts by the State party, the Committee is concerned at the situation of children with physical and mental disabilities, in particular the limited access to education and health-care services. The Committee is further concerned that poor health conditions, poverty and years of armed conflict are leading to an increase in the number of children with disabilities.
“The Committee recommends that the State party:
(a) Revise and adopt legislation in order to fully protect all children with disabilities, and establish a monitoring system, which carefully records progress made and identifies shortcomings in implementation;
(b) Provide community-based services that focus on enhancing the quality of life of children with disabilities, meeting their basic needs and ensuring their inclusion and participation;
(c) Carry out awareness-raising campaigns to combat existing discriminatory attitudes and sensitize the public about the rights and special needs of children with disabilities, encourage their inclusion in society and promote respect for the right of children and their parents to be heard;
(d) Make every effort to provide programmes and services for children with disabilities with adequate human and financial resources;
(e) Equip schools with the necessary facilities for the inclusive education of children with disabilities and ensure that they can choose their preferred school or move between regular schools and special needs schools according to their best interests;
(f) Provide training for professional staff working with children with disabilities including teachers, social workers, health care professionals; and
(g) Take into account, in this regard, the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.
“The Committee recommends that the State take all necessary steps to ratify:
[...] (b) The Convention on the Rights of Persons with Disabilities and its Optional Protocol;”
(1 October 2010, CRC-C-BDI-CO-2 Concluding Observations: Burundi Paras. 29, 30, 50, 51, 64, 65, 78 and 79 )
“The Committee notes as positive that article 22 of the Constitution incorporates the principle of non-discrimination. It remains concerned however that de facto discrimination of children prevails and is tolerated in the State party, in particular vis-à-vis girls with regard to access to education and succession rights as well as children born out of wedlock, albino children, children belonging to the Batwa minority and those placed into kafala families.”
“The Committee also encourages the State party to review legislative instruments as well as to adopt a comprehensive strategy, including awareness-raising, to eliminate discrimination on any grounds and against all vulnerable groups especially the girl child with regard to succession rights and access to education, children born out of wedlock, albino children, children belonging to the Batwa minority and those placed into kafala families.”
“Noting the efforts by the State party, the Committee is concerned at the situation of children with physical and mental disabilities, and in particular the limited access to education and health care services …”
“The Committee recommends that the State party:
(a) Revise and adopt legislation in order to fully protect all children with disabilities, and establish a monitoring system, which carefully records progress made and identifies shortcomings in implementation;
(b) Provide community-based services that focus on enhancing the quality of life of children with disabilities, meeting their basic needs and ensuring their inclusion and participation;
(c) Carry out awareness-raising campaigns to combat existing discriminatory attitudes and sensitize the public about the rights and special needs of children with disabilities, encourage their inclusion in society and promote respect for the right of children and their parents to be heard;
(d) Make every effort to provide programmes and services for children with disabilities with adequate human and financial resources;
(e) Equip schools with the necessary facilities for the inclusive education of children with disabilities and ensure that they can choose their preferred school or move between regular schools and special needs schools according to their best interests;
(f) Provide training for professional staff working with children with disabilities including teachers, social workers, health care professionals; and
(g) Take into account, in this regard, the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly res. 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
“The Committee appreciates the Government’s decision on free primary education for all children in 2005 which has increased considerably the enrolment rates. However, the Committee remains seriously concerned about:
(a) The fact that the enrolment in early childhood education and pre-school remains low;
(b) The limitation of compulsory school education to six years, the poor primary school attendance and completion rate and the low secondary school enrolment rate;
(c) The large number of school dropouts, especially of girls;
(d) The lack of vocational education and training, including for dropout children;
(e) The overcrowded schools and shortage of classroom materials; and
(f) The insufficient number of trained teachers and available school facilities.”
“The Committee recommends that the State party:
(a) Ensure access to and completion of at least primary school and progressively expand compulsory education to secondary school up to grade 10 (16 years) , in all regions of the State party and pay particular attention to girls;
(b) Make quality early childhood education and pre-school accessible to all children, including children growing up under poor and disadvantaged living conditions;
(c) Create and strengthen promotion of vocational education and training, including for children who have dropped out of primary or secondary schools, especially for girls;
(d) Improve the quality of education through, inter alia, revising outdated curricula and decreasing the student-teacher ratio, ensuring at the same time that teachers are well-trained and fully qualified and that they receive adequate salaries;
(e) Include human rights and child rights in the curricula of schools; and
(f) Take into account the Committee’s general comment No. 1 (2001) on the aims of education.”
“The Committee remains concerned that Batwa children suffer from discrimination in relation to the enjoyment of their rights, including the rights to health care, food, survival and development. The Committee is particularly concerned at the discrimination faced by the Batwa girls who do not attend school or complete primary or secondary school.”
“The Committee urges the State party urgently to take measures to strengthen the representation of Batwa in national policy-making and to elaborate a plan of action to protect the rights of Batwa children, including in particular those rights of persons belonging to minorities and indigenous peoples. The Committee recommends that the State party:
(a) Take all measures to ensure that Batwa children, especially Batwa girls benefit from the policy of free primary education including the possible creation of a fund to cover essential items for education (such as school materials, clothing and nutritional support);
(b) Create effective policies and programmes to improve the marginalised situation of Batwa girls; and
(c) Collect accurate data disaggregated by ethnicity and gender in order to develop and monitor effective programmes for Batwa girls.”
C
- Cabo Verde
- Cambodia
- Cameroon
- Canada
- Central African Republic
- Chad
- Chile
- China
- Colombia
- Cook Islands
- Congo (Democratic Republic of)
- Costa Rica
- Croatia
- Cuba
- Cyprus
- Czech Republic
Cabo Verde
(27 June 2019, CRC/C/SR.2386 and 2387, Concluding observations on the second periodic report, paras. 25, 26, 39, 40, 58, 59, 76, 77, 83, 84)
The Committee welcomes the adoption of the Special Law on Gender-Based Violence in 2011 and the training and awareness-raising activities conducted. It is concerned, however, about the prevalence of discrimination against girls rooted in patriarchal attitudes and stereotypes concerning the roles of women and men.
Taking note of target 10.3 of the Sustainable Development Goals, the Committee urges the State party to strengthen its measures to promote equality among girls and boys, and to cooperate in this regard with the widest range of stakeholders, including children, parents, communities, education and health staff, and law enforcement officials.
The Committee is concerned about complaints of police brutality against children, particularly children in street situations, as a form of extrajudicial punishment, and the absence of measures to duly record and investigate such complaints, prosecute and sanction perpetrators and provide redress to child victims.
Recalling its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence and taking note of target 16.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Provide police with special training on child-friendly techniques for dealing with children, including children in street situations, and introduce guidelines and protocols specific to children as victims and witnesses and in situations of conflict with the law;
(b) Investigate and prosecute all allegations of torture and ill-treatment of children by the police and ensure that perpetrators are duly sanctioned and that child victims receive remedies;
(c) Strengthen independent monitoring by human rights organizations and the National Commission for Human Rights and Citizenship in police stations.
The Committee welcomes the measures taken by the State party to promote the rights of children with disabilities, including the establishment of the Centre for Special Education and Educational Inclusion within the Ministry of Education and the integration of children with disabilities through sports. The Committee is, however, concerned about the lack of information on the measures specific to children with disabilities in the National Action Plan for the Rights of Persons with Disabilities or undertaken by the National Council on the Rights of Persons with Disabilities and the Paralympic Committee of Cabo Verde.
Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Organize the collection of data on children with disabilities and develop an efficient system for the early identification of disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities within the child rights policies and plans of action, as well as within the framework of the National Action Plan for the Rights of Persons with Disabilities, the National Council on the Rights of Persons with Disabilities and the Paralympic Committee of Cabo Verde;
(b) Ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(c) Continue training specialized teachers and professionals and assigning them to integrated classes to provide individual services and support to children with specific learning requirements;
(d) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of such children.
The Committee commends the State party for achieving almost universal free primary education, adopting eight years of compulsory schooling and allocating significant budgetary resources to education. The Committee is, however, concerned about:
(a) The quality and relevance of education;
(b) The high repetition and dropout rates in secondary education, including among pregnant teenagers and adolescent mothers;
(c) The significant number of children not attending preschool;
(d) The regional differences in access to education.
Taking note of targets 4.1 and 4.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Strengthen its efforts to improve the quality and relevance of education, including by adapting the curricula to students’ learning needs, reinforcing the pedagogical management of the education system, investing in the professionalization of education staff and improving school facilities;
(b) Strengthen its efforts to prevent repetition and dropout, particularly in secondary education, and ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(c) Develop and promote quality vocational training to enhance the skills of adolescents, especially those who drop out of school;
(d) Strengthen its efforts to develop and expand early childhood education;
(e) Promote equal access to education throughout the archipelago, with emphasis on rural areas and remote islands.
The Committee is concerned about the situation of children from migrant communities, mainly from West African countries, regarding birth registration, access to nationality, education and health, and vulnerability to exploitation and maltreatment, particularly for unaccompanied children and those whose parents are in an irregular migrant situation.
Recalling joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee recommends that the State party take the necessary measures to identify and provide support to children in situations of migration, ensuring their access to adequate services, with particular attention to the islands of Santiago, Sal and Boa Vista.
Cambodia
(26th February 2015, CRC/C/OPSC/KHM/CO/1, Concluding observations on the report submitted by Cambodia under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 12 and 13) - 68th Session
“The Committee is concerned that the State party’s efforts in collecting data remain fragmented as the existing databases focus mainly on trafficking, are insufficiently linked to each other and are not accessible at the provincial and municipal levels. It is particularly concerned at the lack of research, information and data disaggregated, inter alia, by sex, age, nationality and ethnic origin, geographical location and socioeconomic status, on child prostitution and on child pornography on the Internet, which greatly limits the State party’s capacity to monitor, assess and prevent these offences under the Optional Protocol.”
“The Committee recommends that the State party intensify its efforts to develop and implement a comprehensive, coordinated and effective system of data collection, analysis, monitoring and impact assessment on all areas covered by the Optional Protocol, including on child prostitution, child pornography and child sex tourism. The data should be disaggregated, inter alia, by sex, age, nationality and ethnic origin, region and socioeconomic status, with particular attention to children who are at risk of becoming victims of crimes under the Optional Protocol.”
“While noting the State party’s initiatives to raise awareness about human trafficking, the Committee is concerned that the Optional Protocol has not been sufficiently promoted and disseminated, in particular among implementing agencies, parents, teachers, law enforcement personnel, children and the public at large. The Committee also notes with concern that issues related to the Optional Protocol are not yet included in school curricula for children.”
“The Committee urges the State party to take all necessary measures to make the provisions of the Optional Protocol widely known. To this end, the State party should in particular:
(a) Develop and conduct, in consultation with communities, civil society organizations and children, long-term educational and awareness-raising programmes on the preventive measures and harmful effects of all the offences covered by the Optional Protocol, including on assistance and reporting mechanisms established to prevent children from falling victim to the offences in the Optional Protocol;
(b) Disseminate systematically the Optional Protocol among government officials at the national, provincial and district levels, as well as to all relevant professional groups, especially police officers, judges and prosecutors;
(c) Consider incorporating issues related to the Optional Protocol into the curricula of primary and secondary schools.”
(23rd February 2015, CRC/C/OPAC/KHM/CO/1, Concluding observations on the report submitted by Cambodia under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 14, 15, 23 and 24)- 68th Session
“While noting the efforts the State party has conducted nationwide to ensure birth registration, the Committee remains concerned about:(a) The low level of birth registration, in particular in remote areas and villages and among children in street situations;
(b) Impediments that prevent the effective implementation of the birth registration campaign, such as a 30-day time limit to register a child after his/her birth, sanctions for late registration and the requirement of an address;
(c) Gaps in the implementation of existing recruitment procedures in armed forces and in military schools, due to the lack of measures in place to detect forged documents, which may have an impact on the effectiveness of age verification procedures.”
“The Committee calls on the State party to:
(a) Continue and strengthen its efforts to ensure the birth registration of all children, including through mobile units, as a measure to prevent the recruitment of children, including children living in remote areas and villages and children in street situations, as recommended by the Committee in its previous concluding observations (CRC/C/KHM/CO/2-3, para. 37);
(b) Remove all impediments with a view to facilitating universal access to birth registration procedures;
(c) Ensure that existing recruitment procedures are strictly adhered to by all military and police institutions that recruit professional or contracted personnel and by all military schools, and establish measures to detect the use of forged documents by persons under the age of 18.”
“The Committee regrets the lack of information about mechanisms in place to identify children who may have been recruited or used in hostilities abroad, particularly among asylum seeking, refugee, migrant and unaccompanied children present within its jurisdiction.”
“The Committee recommends that the State party put in place mechanisms and procedures to ensure the full protection of asylum seeking, refugee, migrant and unaccompanied children under the State party’s jurisdiction, by identifying at an early stage children who may have been involved in armed conflict and ensuring that personnel responsible for such identification are trained on children’s rights, child protection and child-friendly interviewing skills. The Committee further recommends that the State party ensure that such children are provided with adequate assistance for their physical and psychological recovery and their social reintegration.”
(3 August 2011, CRC/C/KHM/CO/2-3, Concluding observations: Cambodia, paras. 51 and 65)
“The Committee welcomes the adoption of the Law on Promotion and Protection of the Rights of Persons with Disabilities in July 2009 and the 2008 Policy on Education for Children with Disabilities. The Committee is however concerned that:
(a) Accurate disaggregated statistical data on children with disabilities and the types of disabilities is lacking;
(b) The State party does not have a system for early screening, identification, early intervention and prevention of disabilities;
(c) Children with disabilities, especially those living in remote areas (e.g. the North Eastern provinces) and children with mental disabilities remain extremely marginalized in the society, rejected by their own families and highly discriminated against, in particular with regard to their access to health and education services;
(d) Most services for children with disabilities are provided by NGOs.
“The Committee urges the State party to ensure effective implementation of the Law on Promotion and Protection of the Rights of Persons with Disabilities and the 2008 Policy on Education for Children with Disabilities, notably by allocating the necessary human, technical and financial resources. The Committee also recommends that the State party:
(a) Collect comprehensive data on children with disabilities disaggregated by age, sex, type of disabilities, geographic location, ethnicity and socio-economic background and use such data to analyse the causes of disabilities and develop policies and programmes to prevent disabilities and to assist children with disabilities;
(b) Adopt a policy for early screening, identification, early intervention and prevention of disabilities;
(c) Ensure that basic services for children with disabilities are provided as a State responsibility;
(d) Train more health specialists and conduct mobile clinics offering health services to children with disabilities, especially in rural areas;
(e) Conduct programmes with the assistance of the media, civil society organizations and community leaders to raise awareness of the rights of children with disabilities and to combat discrimination against them;
(f) Improve the quality of mainstream and special education, and further develop non-formal education programmes as well as comprehensive and regular teacher training adapted to the different types of disabilities;
(g) Ratify the International Convention on the Rights of Persons with Disabilities;
(h)Take into consideration the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.
“The Committee notes with satisfaction the remarkable progress made by the State party to increase primary and secondary school enrolment…
“The Committee also expresses concern that:
(a) Children with disabilities, those from ethnic minorities and indigenous children remain highly discriminated against in their access to education…
“The Committee recommends that the State party:
(a) Make basic education compulsory;
(b) Allocate increased resources to the education sector in order to expand, build and reconstruct adequate school facilities throughout the State party, and create a truly inclusive educational system welcoming children with disabilities as well as children from all minorities;”
Cameroon
(6 July 2017, CRC/C/CMR/3-5, Concluding observations on the combined third to fifth periodic reports, Paras. 14, 15, 26, 33, 35, 38, 39 and 42) - 75th session
“The Committee welcomes the adoption of article 242 of the amended Penal Code prohibiting discrimination on the grounds of race, religion, sex or health status. It is concerned, however, about the persistent discrimination against children in marginalized and disadvantaged situations, including girls, children born out of wedlock, children with disabilities, children with HIV/AIDS, children with albinism, indigenous children, children in street situations, children suspected of association with Boko Haram, refugee, asylumseeking and internally displaced children, and the lack of an overall strategy to combat such discrimination. The Committee is deeply concerned about the State party’s rejection during the dialogue of the identity of lesbian, gay, bisexual, transgender and intersex children and the stigmatization and discrimination experienced by such children.”
“The Committee, reiterating its previous recommendation (see CRC/C/CMR/CO/2, para. 28), urges the State party to:
(a) Adopt and implement comprehensive legislation, accompanied by a global strategy, to protect all children against discrimination, especially girls, children born out of wedlock, children with disabilities, children with HIV/AIDS, children with albinism, indigenous children, children in street situations, children suspected of association with Boko Haram, refugee, asylum-seeking and internally displaced children;
(b) Recognize the identity of lesbian, gay, bisexual, transgender and intersex children and protect them against discrimination in law and in practice;
(c) Conduct awareness-raising and educational programmes, including campaigns, targeting children, families, communities and religious and traditional leaders, on eliminating all forms of discrimination against children.”
“The Committee welcomes the adoption of sections 297 and 302-1 of the amended Penal Code providing, respectively, that a rapist cannot be exonerated by marrying his victim and criminalizing sexual harassment, imposing imprisonment where the victim is a minor and considering as an aggravating factor where the perpetrator has educational authority over the victim. However, the Committee expresses grave concern that:
(b) Over 22 per cent of girls aged 15-19 have experienced sexual violence, notably within the context of child marriage, and that consequently the high rate of HIV/AIDS of this group persists;”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Expedite the issuance of the draft decree implementing Law No. 2010/002 of 13 April 2010 on the promotion and protection of persons with disabilities, ensuring that it requires the provision of reasonable accommodation;
(b) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(c) Immediately release any children institutionalized on the basis of their disability and ensure they receive community-based support;
(d) Implement the national policy on inclusive education, train specialized teachers and professionals and assign them to inclusive classes, providing individual support and all due attention to children with learning difficulties;
(e) Undertake awareness-raising campaigns aimed at the families of children with disabilities, teachers and society to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(f) Consider ratifying the Convention on the Rights of Persons with Disabilities.”
“With reference to its general comment No. 4 (2003) on adolescent health and development in the context of the Convention, the Committee recommends that the State party:
(b) Improve adolescent girls’ access to reproductive health care and related services and increase support for reproductive health and family planning services and access to affordable contraceptives;
(c) Decriminalize abortion in all circumstances and repeal section 339 (2) of the amended Penal Code to remove the requirement to obtain certification from the prosecutor before attaining a legal abortion in the case of rape, ensure girls’ access to safe abortion and post-abortion care services and ensure that their views are always heard and given due consideration in decisions on abortion;”
“The Committee notes the initiatives taken by the State party to improve children’s access to schools, including the creation of new schools throughout its territory and the increased recruitment of teachers, and the elaboration of early childhood development and preschool policies. However, it regrets that the efforts are insufficient and a significant number of school-age children remain out of school. The Committee is concerned at:
(a) The continued low level of funding for education, including for implementation of the education sectoral strategy, resulting in a lack of qualified teachers, pedagogical materials, school equipment and adequate infrastructure, including inadequate access to potable water and sanitary facilities and a lack of transport services to and from most schools;
(b) The closure of schools owing to insecurity in the Far North, North, East, Adamaoua, North-West and South-West regions;
(c) Excessive costs for education in the form of informal fees disproportionately affecting the large number of families in the State party living in poverty;
(d) The low school enrolment rate of girls and, particularly, high dropout rates in secondary school owing to the prevalence of sexual harassment by teachers, child marriage and adolescent pregnancy;
(e) The disproportionate impact on indigenous, refugee and asylum-seeking children and children living in remote areas of the requirement to produce a birth certificate to qualify for the secondary school entrance exam.”
“Taking note of Sustainable Development Goal 4, the Committee recommends that the State party:
(a) Increase the allocation of resources to the education sector and improve transparency and accountability in spending;
(b) Improve the quality of education through increased spending on teacher training, the acquisition of pedagogical materials and school equipment and infrastructure, in particular with regard to access to potable water and adequate sanitation facilities and transport services to and from schools;
(c) Ensure the safety of children and school personnel and take measures to urgently reopen schools in security-affected regions;
(d) Remove any indirect costs for primary education and sanction educators demanding the payment of informal fees;
(e) Intensify efforts to eliminate child marriage and facilitate the re-entry of young mothers into the regular school programme, free from stigma;
(f) Encourage the confidential reporting of sexual abuse of children by teachers, ensuring thorough investigations are conducted and perpetrators are prosecuted;
(g) Remove administrative barriers to school enrolment, including the requirement to produce a birth certificate to take the entry examinations for secondary school;
(h) Create vocational education and training programmes for children who have dropped out of school, particularly targeting groups of children in vulnerable situations.”
“In view of the discrimination experienced by the Pygmies and the Mbororo peoples in the State party and the absence of any law protecting their rights, the Committee, with reference to its general comment No. 11 (2009) on indigenous children and their rights under the Convention, reiterates its previous recommendation (see CRC/C/CMR/CO/2, para. 83) and urges the State party to:
(a) Allocate adequate resources for the implementation of the national action plan for indigenous peoples (2014), ensuring its objective is to respect, protect and promote the rights of indigenous children and to eliminate their food insecurity, poverty and vulnerability to violence and exploitation, with their full and effective participation;
(b) Accelerate efforts to promote the education of indigenous children and counteract the extremely high illiteracy rate of the indigenous peoples through the construction of adequately resourced schools in their communities and the delivery of culturally appropriate curricula;
(c) Ensure indigenous peoples’ access to social services and benefits through facilitating birth registration and the issuance of national identity cards.”
(29 January 2010, CRC/C/CMR/CO/2 Advance Unedited Version, Concluding observations on second report, paras. 27, 51, 52, 65, 66, 67, 68 and 82)
“The Committee is deeply concerned at the persistence of de facto discrimination among children in the enjoyment of their rights. It is especially concerned that girls, indigenous children, children with disabilities, refugee children, children from poor rural areas, and children in street situations suffer particular disadvantages with regard to education, access to health and social services....
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: ...
c) increase human, technical and financial resources allocated to children with disabilities focusing on the development of community based services which could better reach families with children with disabilities in all areas and provide basic education, social and health services;
d) effectively provide children with disabilities with access to adequate social and health services, as well as to quality and inclusive education;
e) continue its effort to carry out awareness campaigns to sensitize the public about the rights and special needs of children with disabilities and encourage their inclusion in education and in society; and
f) provide training for professional staff working with children with disabilities, such as teachers, social workers and medical, paramedical and related personnel.
“The Committee ... remains concerned over ... the significant gender and regional disparities in access to education, particularly in the Far North, North, Adamoua, East and Southern regions....
“The Committee strongly recommends that the State party:
b) ensure access to education, including early childhood education, in all regions of the State party and pay particular attention to girls and all vulnerable groups of children, including indigenous children and children without birth certificates;
c) undertake impact assessments of educational programmes and strategies and take corrective measures where necessary to redress disparities between children, in particular gender and regional disparities; ...
j) take into account the Committee’s General Comment No. 1 (CRC/GC/2001/1) on the aims of education.
“The Committee ... commends the State party for the measures taken in cooperation with the UNHCR to ensure birth registration and schooling of refugee children.... However, the Committee ... is also concerned at ... the limited access of refugees to health services, education....
“The Committee recommends the State party to strengthen the protection and assistance of refugee children and to: ...
b) take necessary measures, including allocation of adequate resources, to prevent and combat malnutrition among refugee children and ensure that they have adequate access to essential health services, education, sanitation as well as safe drinking water....
“The Committee ... takes note of the State party’s continuous efforts to improve the situation of disadvantaged indigenous children, particularly in the areas of education, social welfare and health, and the initiative to develop a law on the rights of indigenous peoples....”
Canada
“The Committee welcomes the ratification of the Convention on the Rights of Persons with Disabilities in 2010. While recognizing that progress has been made on the inclusion of children with disabilities within the State party, the Committee is deeply concerned that:
(a) The PALS (Participation and Activity Limitation Survey) was last conducted by the State party in 2006 without it having been substituted to date by any other data collection effort on children with disabilities. As a result, there are no global or disaggregated data since 2006 on which to base a policy on inclusion and equal access for children with disabilities;
(b) There is great disparity among the different provinces and territories of the State party in access to inclusive education, with education in several provinces and territories being mostly in segregated schools;
(c) The cost of caring for children with disabilities often has a negative economic impact on household incomes and parental employment and some children do not have access to the necessary support and services;
(d) Children with disabilities are more than twice as vulnerable to violence and abuse as other children and despite an overall drop in homicide rates among the general population, there appears to be an increase in homicide and filicide rates against people with disabilities.
“The Committee recommends that the State party implement the provisions of the Convention on the Rights of Persons with Disabilities and in light of its general comment No. 9 (2006) , the Committee urges the State party to:
(a) Establish as soon as possible a system of global and disaggregated data collection on children with disabilities, which will enable the State party and all its provinces and territories to establish inclusive policies and equal opportunities for all children with disabilities;
(b) Ensure that all children with disabilities have access, in all provinces and territories, to inclusive education and are not forced to attend segregated schools only designed f or children with disabilities;
(c) Ensure that children with disabilities, and their families, are provided with all necessary support and services in order to ensure that financial constraints are not an obstacle in accessing services and that household incomes and parental employment are not negatively affected;
(d) Take all the necessary measures to protect children with disabilities from all forms of violence.
“While welcoming the State party’s various initiatives to improve educational outcomes for children in vulnerable situations, the Committee is concerned about the following:
… (d) The high number of segregated schools primarily for minority and disabled children, which leads to discrimination;
“The Committee recommends that the State party:
… (d) Ensure integration of minority and disabled children in educational settings in order to prevent segregation and discrimination;
(e) Enhance the measures undertaken to combat all forms of bullying and harassment, such as improving the capacity of teachers and all those working at schools and of students to accept diversity at school and in care institutions, and improve conflict resolution skills of children, parents, and professionals.”
(27 October 2003, CRC/C/15/Add.215, Concluding observations on second report, paras. 21, 23, 44, 45, 47 and 58)
“The Committee notes positive developments with respect to measures to promote and protect cultural diversity and specific legislative measures regarding discrimination, including the Multiculturalism Act, in particular as it bears upon the residential school system, the Employment Equity Act, and the amendment to the Criminal Code introducing racial discrimination as an aggravating circumstance (see also the 2002 annual report of the Committee on the Elimination of Racial Discrimination (CERD) (A/57/18), paras. 315-343). However, the Committee joins CERD in its concerns, in particular as they relate to children, such as those relating to the Indian Act, ... and to the exclusion from the school system of children of migrants with no status....
“The Committee, while noting reservations expressed by Canada on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recommends that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme of Action and taking account of general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee values the exemplary literacy rates and high level of basic education in the State party and welcomes the numerous initiatives to promote quality education, both in Canada and at the international level. The Committee is in particular encouraged by initiatives to raise the standard of education of Aboriginals living on reserves.... The Committee nevertheless reiterates the concern of the Committee on the Elimination of Racial Discrimination (A/57/18, para. 337) about allegations that children of migrants with no status are being excluded from school in some provinces. Furthermore, the Committee is concerned about ... the high dropout rate of Aboriginal children and the availability of instruction in both official languages only “where numbers warrant”.
“The Committee recommends that the State party further improve the quality of education throughout the State party in order to achieve the goals of article 29, paragraph 1, of the Convention and the Committee’s general comment No. 1 on the aims of education by, inter alia:
a) ensuring that free quality primary education that is sensitive to the cultural identity of every child is available and accessible to all children, with particular attention to children in rural communities, Aboriginal children and refugees or asylum-seekers, as well as children from other disadvantaged groups and those who need special attention, including in their own language; ...
c) ratifying the United Nations Educational, Scientific and Cultural Organization Convention against Discrimination in Education of 1960....
“In accordance with the principles and provisions of the Convention, especially articles 2, 3, 22 and 37, and with respect to children, whether seeking asylum or not, the Committee recommends that the State party: ...
e) ensure that refugee and asylum-seeking children have access to basic services such as education and health and that there is no discrimination in benefit entitlements for asylum-seeking families that could affect children....
“The Committee welcomes the Statement of Reconciliation made by the Federal Government expressing Canada’s profound regret for historic injustices committed against Aboriginal people, in particular within the residential school system....”
Central African Republic
(8 March 2017, CRC/C/CAF/2, Concluding observations on the second periodic report, Paras. 24, 25, 42, 43, 44, 45, 52, 53, 60, 61, 68 and 69) - 74th session
“The Committee notes that discrimination is prohibited in the State party but is concerned about the persistent discrimination in practice against children, based on religious affiliation, and against girls, pygmy children, albino children (peulhs), Fulani children, children with disabilities, children from disadvantaged socioeconomic backgrounds, orphans, children with HIV/AIDS and children accused of witchcraft.”
“The Committee recommends that the State party conduct awareness-raising and educational programmes, including campaigns, targeting children, families, communities and religious and traditional leaders, on eliminating these forms of discrimination.”
“The Committee is seriously concerned about the very high percentage of child marriages and the prevalent practice of genital mutilation of girls, which is predominant in rural areas. The Committee is also concerned about article 105 of the Family Code of 1997 establishing that an abductor or kidnapper may marry the abducted or kidnapped girl and that as a wife she does not have the right to file a legal complaint, which is required for prosecution.”
“The Committee urges the State party to:
(a) Take all measures necessary to eliminate child marriage, in particular of girls from rural areas and economically disadvantaged backgrounds, in line with the State party’s obligations under the Convention;
(b) Review article 105 of the Family Code to allow girls to file a legal complaint against their kidnapper or abductor, including when married to him;
(c) In the light of the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014), take the measures necessary to strictly enforce the legal provisions criminalizing the genital mutilation of girls, including by making the national committee against female genital mutilation operational and by developing and implementing education and awareness-raising programmes, involving local officials, law enforcement officers, community leaders, women and the media, to address social norms and harmful rites against girls;
(d) Promote awareness of children’s rights among communities which apply customary law that affects children.”
“The Committee is further concerned about violence perpetrated against children with albinism, children with disabilities and children accused of witchcraft, who may be subject to violent rituals amounting to torture, cruel, inhuman or degrading treatment, kidnapping and even death. These children may also be expelled from their families and communities, exposing them to trafficking or to living on the streets.”
“Taking note of target 16.2 of the Sustainable Development Goals on ending all forms of violence against children, the Committee urges the State party to take all measures necessary to protect children with albinism, children with disabilities and children accused of witchcraft from all forms of violence, including from State authorities, communities and families, both in rural and urban areas, promptly investigate and prosecute such incidents and bring perpetrators to justice.”
“The Committee takes note of act No. 00.007 on the health, protection and promotion of persons with disabilities, of December 2000, but is concerned about its lack of implementation. The Committee is particularly concerned about the fact that most children with disabilities do not attend school and that pervasive poverty and extensive armed violence have exacerbated the discrimination and exclusion already faced by these children and further limited their access to adequate care and assistance. It is further concerned that the number of children with impairments due to armed conflict has increased.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it: (a) Take urgent measures to elaborate and implement specific programmes for children with disabilities aimed at enhancing their social inclusion, and ensure in particular their access to health and social services, inclusive education and vocational training; (b) Establish a system for collecting data on children with disabilities in order to design inclusion policies; (c) Ensure that children with disabilities have access to social protection and poverty reduction programmes; (d) Pay special attention to the recovery and social reintegration of children who suffer disabilities as a result of armed conflict; (e) Undertake, in close collaboration with non-governmental organizations and local communities, awareness-raising programmes, including campaigns, on eliminating discrimination against children with disabilities.”
“The Committee is seriously concerned about: (a) The fact that primary education is not provided for free to all children; (b) The extremely low school enrolment rate of children, lower for girls but also decreasing for boys, and the high dropout levels when transitioning from primary to secondary education, an enduring situation exacerbated by the political and security crisis; (c) The poor school infrastructure, the lack of teachers and educational staff and the low quality of education.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee urges the State party to:
(a) Take measures to provide free primary education to all children;
(b) Take the measures necessary to steadily increase the enrolment rates of all children in primary education and decrease the dropout rate from primary to secondary levels, with particular attention paid to girls;
(c) Invest in measures to improve the schools infrastructure, increase accessibility, improve the number of teachers and school staff, and provide quality training for teachers, including maîtres-parents, with particular emphasis on rural areas;
(d) Taking note of target 4.1 of the Sustainable Development Goals, ensure that by 2030 that all girls and boys complete free, equitable and quality primary and secondary education;
(e) Continue to cooperate with UNICEF, the United Nations Educational, Scientific and Cultural Organization and others to achieve the present recommendations.”
“The Committee welcomes the measures taken by the State party to protect the rights of pygmy children, but is concerned about their still limited access to birth registration, identity documents, health and educational services and the persistently high rates of infant mortality and malnutrition among pygmy children.”
“With reference to the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee urges the State party to:
(a) Develop a national action plan to decrease the infant mortality and malnutrition rates of pygmy children, with the participation of pygmy communities and children, in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures related to them;
(b) Provide all pygmy children with birth certificates and identity documents and promote their access to health and education services;
(c) Adopt the draft law implementing the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), on the rights of indigenous children, in particular civil rights, the right to education, the right to health and protection from forced labour;
(d) Develop a public awareness campaign on the rights of pygmy children to address negative social attitudes towards them.”
Chad
(January 2009, CRC/C/TCD/CO/2 Unedited version, Concluding observations on second report, paras. 30, 31, 55, 56, 67 and 68)
“The Committee ... notes with regret that while articles 13 and 14 of the State party’s Constitution affirm the principle of non – discrimination, including equality between the sexes, de facto discrimination between boys and girls exists, particularly in the areas of education and succession and inheritance.
“The Committee urges the State party to continue and strengthen its efforts to eradicate all discriminatory laws from its legislation. In particular, the Committee urges the State party to adopt legislation with a view to ensuring that the practical application of the Constitution’s provisions guaranteeing the principle of non-discrimination are in full compliance with article 2 of the Convention. The Committee also encourages the State party to adopt a comprehensive strategy, including awareness-raising, to eliminate discrimination on any grounds and against all vulnerable groups, in particular regarding education and succession and inheritance rights.
“The Committee notes that a National Action Plan for disabled persons is in the process of being elaborated. The Committee welcomes the State party’s indication that registration for children with disabilities in public schools is free and in private schools is at a reduced cost. The Committee is concerned however, at reports that children with disabilities are often discriminated against and cannot go to school.
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: ...
d) carry out awareness campaigns to sensitize the public about the rights and special needs of children with disabilities and encourage their inclusion in education and in society;
e) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
f) consider signing and ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee notes with appreciation that the right to education is set out in the Chadian Constitution and welcomes the adoption of a 10-year Support Programme for Reform of the Educational System (2004-2015) ... the Committee notes with concern ... the low rate of school attendance of girls as compared to boys ....
“The Committee recommends that the State party:
a) ensure access to education, including early childhood education, in all regions of the State party and pay particular attention to girls and all vulnerable groups of children, including nomadic children and children in remote areas; ...
c) make every effort to ensure that schools are safe places for children, in particular for girls, and that they are free from sexual and physical violence and recruitment into armed conflict; ...
h) take into account the Committee’s general comment No. 1 (CRC/GC/2001/1) on the aims of education.”
Chile
(30th October 2015, CRC/C/CHL/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 24, 25, 40, 41, 56, 57, 67 and 68) - 70th Session
“The Committee welcomes the legislative and policy measures taken by the State party to address discrimination. However, it is concerned that girls continue to be subjected to gender-based discrimination, owing to the persistence of adverse and traditional attitudes and norms. It is also concerned about persistent discriminatory attitudes and practices against indigenous children, children with disabilities and immigrant children. The Committee is further concerned about continuing negative attitudes against and discrimination faced by lesbian, gay, bisexual, transgender and intersex children.”
“The Committee recommends that the State party:
(a) Strengthen policy and programme measures to combat the multiple forms of discrimination against girls, indigenous children and children with disabilities, and target the stereotypes on which those discriminatory attitudes are based;
(b) Strengthen its efforts to combat negative attitudes and eliminate discrimination against children on the basis of their actual or perceived sexual orientation, gender identity and sex characteristics.”
“The Committee welcomes the enactment of Act No. 20536 (2011) addressing school violence, but it is deeply concerned about the high levels of violence in educational settings, including homophobic and transphobic bullying.”
“Recalling the recommendations of the independent expert for the United Nations study on violence against children (see A/61/299), taking into account its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence and taking note of Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee recommends that the State party:
(a) Develop, based on Act No. 20536 (2011), a comprehensive strategy to prevent and address all forms of violence against children in educational settings, including gender-based violence, encompassing the following:
(i) Raising awareness about the phenomenon of violence inside the education community and the importance of prevention and timely action against it;
(ii) Making available specialized technical and professional advice to students, educational staff and parents;
(iii) Promoting a training and educational approach, instead of a punitive approach, to address violent behaviours;
(iv) Monitoring the policies on coexistence in order to protect the exercise of other rights that may be affected by the punishment processes provided for in Act No. 20536 (2011);
(b) Evaluate the work of existing structures to address violence against children and report on the results and measures taken in the next periodic report;
(c) Continue to cooperate with UNICEF in this regard.”
“The Committee welcomes the measures taken by the State party to promote the rights of persons with disabilities. However, it is concerned that public policy still favours the assistance approach and that the National Plan on Disabilities only vaguely mentions children. It is also concerned about the lack of updated and disaggregated data on children with disabilities, the limited availability of inclusive education and occupational training and the insufficient provision of appropriate rehabilitation services for children with disabilities, including mental health care for them and their caregivers. The Committee is further concerned about the cases of mentally disabled and deaf girls being sterilized, despite its prohibition, which affects their reproductive and sexual rights.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Develop a rights-based public policy approach that includes all children with disabilities;
(b) Develop goals, indicators and monitoring mechanisms to assess the effectiveness of Act No. 20422 in promoting the social inclusion of children with disabilities;
(c) Collect and analyse data on the situation of all children with disabilities, disaggregated by, inter alia, age, sex, type of disability, ethnic and national origin, geographic location and socioeconomic background;
(d) Step up its efforts to ensure inclusive education and occupational training for children with disabilities, without discrimination, including through the allocation of the necessary resources, adequate training of professionals and improvement of mobility infrastructure;
(e) Expand the provision of appropriate health-care services for all children with disabilities, including mental health care for them and their caregivers;
(f) Take all necessary measures to enforce the prohibition on sterilization and respect the reproductive and sexual rights of girls with disabilities;
(g) Develop advocacy activities at the national and local levels to promote the effective participation of children with disabilities in matters that affect them.”
“The Committee takes note of Act No. 20845 on school inclusion, which regulates the admission of students, eliminates shared funding and prohibits educational institutions receiving State funding from earning a profit. However, the Committee is concerned about:
(a) The high level of segregation in the school system, the differences in the quality of education, the still limited coverage in rural areas and the deterioration of the material conditions in public educational institutions;
(b) Discrimination in access to education faced by pregnant girls and adolescent mothers and the levels of school dropouts;
(c) Children resorting to violence to address divergent political opinions;
(d) The absence of a regulatory and monitoring framework regarding private educational establishments.”
“The Committee recommends that the State party:
(a) Promptly take measures to decrease segregation and to promote an egalitarian and inclusive education system, prohibiting all schools, independently of their source of funding, whether public or private, from selecting students on arbitrary criteria or based on their socioeconomic background;
(b) Emphasize the quality of education and accelerate the allocation of increased targeted resources to education, in particular in free public schools;
(c) Provide quality training for teachers and dedicate resources to improving adequate and accessible infrastructure;
(d) Increase efforts to improve conditions in schools in remote and rural areas and eliminate disparities in access to quality education between urban and rural areas;
(e) Ensure that pregnant teenagers and adolescent mothers and fathers are supported and assisted in continuing their education in mainstream schools;
(f) Develop and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(g) Promote the development of competencies, instances and procedures, aimed at children in school, for the peaceful resolution of conflicts, in particular those of a political nature;
(h) Develop and implement a regulatory and monitoring framework for the private education sector ensuring respect for the principle of non-discrimination and promoting inclusion and respect for diversity;
(i) Seek technical assistance from UNICEF and United Nations Educational, Scientific and Cultural Organization in this regard.”
(23 April 2007, CRC/C/CHL/CO/3, Concluding observations on third report, paras. 29, 31, 51, 53, 61, 62, 63, 64, 73 and 74)
“The Committee recognises the policy measures undertaken to advance the implementation of the principle of non-discrimination, in particular in the areas of health services, however remains concerned that certain vulnerable groups, including indigenous, migrant and refugee children, children with disabilities, as well as children from disadvantaged socio-economic backgrounds and those living in rural areas, continue to be victims of discrimination, particularly in their reduced access to education. The Committee further notes the prevalence of gender based discrimination and that pregnancy continues to result in the exclusion of girls from educational establishments, despite an explicit prohibition of discrimination on this ground....
“The Committee also request that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party, to provide special protection to vulnerable groups and to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account General Comment No. 1 on article 19, paragraph 1 of the Convention (aims of education).
“The Committee is concerned that the resources available for children with disabilities are inadequate, in particular in order to guarantee their right to education.
“The Committee recommends that the State party, taking into account general comment No.9 (2006) on the rights of children with disabilities (CRC/C/GC/9):
a) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993;
b) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification;
c) pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible....
“The Committee ...notes the affirmative action undertaken to improve equal access to education, however it is concerned that access for children belonging to vulnerable groups, such as indigenous peoples, refugees and children living in poverty and rural areas is still inadequate.
“The Committee recommends that the State party: ...
c) ensure the expansion of the bilingual intercultural programme for indigenous peoples and maintain consultations with indigenous communities in order to evaluate the programme....
“... The Committee is also concerned that refugee, asylum-seeking and migrant children ... face de facto discrimination in exercising their right to education....
“The Committee recommends that the State party: ...
c) ensure that refugee, asylum-seeking and migrant children are guaranteed speedy processing of their registration and identity documents and that they not be denied access to health services and education during this period....
“... The Committee is concerned over the high level of correlation between poverty and indigenous origins and the de facto discrimination indigenous children continue to face, in particular in the areas of education and health. The Committee welcomes the positive steps taken to establish a bilingual education programme, however it notes that the coverage and resources are limited and that dropout rates remain high....
“The Committee recommends the State party: ...
c) take affirmative measures to ensure that indigenous children gain de facto enjoyment of their rights, in particular in the area of education and health....”
China with Hong Kong and Macau
(24 November 2005, CRC/C/CHN/CO/2, Concluding observations on second report, paras. 32, 75, 77, 81 and 82)
“The Committee recommends that on the mainland the State party strengthen efforts to eliminate discrimination against girls; children infected with or affected by HIV/AIDS; children with disabilities; Tibetan, Uighur and Hui children and children belonging to other ethnic and religious minorities; internal migrant children and other vulnerable groups by:
a) ensuring that these children have equal access to basic services, including health, education and other social services, and that services used by these children are allocated sufficient financial and human resources....
“While noting efforts made by the State party in mainland China, the Committee is concerned about remaining disparities in access to and availability of education, which negatively affect girls, children with learning difficulties, ethnic minority children, children living in rural areas and western provinces, and migrant children....
“The Committee recommends that in mainland China, the State party: ...
b) increase the allocation of resources to education in step with increases in GDP, as directed by the Education Law, and target those resources towards ensuring that all children, in particular girls, children with learning difficulties, and ethnic minority and migrant children, complete nine years of compulsory education and have equal access to early childhood education and development programmes;
c) promote the development of flexible learning systems so that children who have dropped out of school, in particular because of poverty or migration, are able to complete compulsory education and earn appropriate accreditation through non-formal channels, and also ensure the availability and accessibility of suitable technical and vocational education and training;
d) ensure that all teaching and learning materials for the primary and secondary level are also available in ethnic minority languages and with culturally sensitive content....
“With regard to the Hong Kong SAR, the Committee notes that refugee children and undocumented migrant children are not guaranteed access to education.
“The Committee recommends that the State party extend all human rights guarantees in its Constitution and in the Convention to all children within its jurisdiction on both the mainland and the SARs, including refugees, asylum-seekers and other undocumented migrants. In particular, the Committee recommends that the State party: ...
c) amend legislation and regulations to ensure that all refugee, asylum-seeking or undocumented migrant children in the Hong Kong SAR are able to attend school without undue delay.”
Colombia
(6th March 2015, CRC/C/COL/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 19, 20, 37, 38, 51, 52, 61 and 62) - 68th Session
“While noting the measures taken to eliminate discrimination against children in marginalized or disadvantaged situations, the Committee is deeply concerned about:
(a) The structural discrimination against indigenous, Afro-Colombian and displaced children, children with disabilities, children living with HIV/AIDS, lesbian, gay, bisexual, transgender and intersex children, and children living in rural, remote and marginalized urban areas, particularly affecting their right to education and health and exposing them to violence;
(b) The persistent patriarchal attitudes and gender stereotypes that discriminate against girls and women, resulting in an extremely high prevalence of violence against girls.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to eliminate discrimination against children in marginalized situations by providing adequate resources for relevant policies and affirmative measures to ensure that children gain de facto enjoyment of their rights, in particular their rights to education and health.
(b) Take the necessary measures to eliminate patriarchal attitudes and gender stereotypes that discriminate against girls and women, including through strengthening the implementation of the Public Policy on Gender Equality and through educational and awareness-raising programmes;
(c) Monitor the portrayal of children in the media, on the Internet and in statements of public officials, and ensure that the authorities, civil servants, the media, teachers, children and the general public are sensitized to the negative impact of stereotypes on children’s rights;
(d) Facilitate child-friendly complaint mechanisms in educational establishments, health centres, juvenile detention centres, alternative-care institutions and in any other setting;
(e) Include information in its next periodic report on measures in this regard undertaken by the State party as follow-up to the Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, as well as the outcome document of the 2009 Durban Review Conference.”
“The Committee welcomes the measures taken by the State party to improve the conditions of children with disabilities, such as the adoption in 2013 of the National Economic and Social Policy Council (CONPES) paper 166 on persons with disabilities. It remains concerned, however, that:
(a) Some regulations still need to be adopted to ensure the implementation of the relevant legal provisions;
(b) There is a lack of strategy to achieve inclusive education, inclusive services, accessible buildings and adequate health services, and leisure activities are not available, in particular in rural areas, and insufficient measures have been adopted to ensure the coordination between the relevant entities;
(c) Comprehensive disaggregated data on children with disabilities is lacking.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Adopt all pending regulations in this regard, in particular on social benefits for parents of a child with disabilities;
(b) Set up a comprehensive strategy to develop inclusive education and ensure that inclusive education is given priority over education in specialized institutions;
(c) Take measures to ensure coordination between the Colombian Family Welfare Institute and the national system on disability, including at the local level;
(d) Ensure the availability and accessibility of specialized health-care services, buildings, inclusive services, participatory forums, and leisure and cultural activities for children with disabilities, in particular in remote and rural areas, including by allocating adequate resources;
(e) Strengthen administrative remedies for children with disabilities whose rights have been violated and facilitate their access to justice, including by providing free legal aid;
(f) Collect disaggregated data on children with disabilities.”
“While welcoming the progress made towards introducing free education at all levels in public schools and the statement made by the delegation that more resources will be invested in education, the Committee remains concerned about:
(a) The low quality of education, insufficient and deficient infrastructure and lack of qualified teachers, resulting from an inadequate budget allocation;
(b) The significant differences in education coverage, mostly affecting indigenous, Afro-Colombian, displaced and rural children, in particular girls;
(c) The ineffective implementation of the policy on education for indigenous and Afro-Colombian children, while noting the adoption of Decree 1953 in October 2014 aiming at reinforcing the autonomy of indigenous peoples in the area of education;
(d) The high dropout rate, the insufficient measures to identify and address its root causes, and reports that many of the girls who drop out do so because of pregnancy;
(e) Teachers’ exposure to an increasing number of death threats and violence, attacks against schools, military bases and military units near schools, the occupation of schools and school study visits to military centres against directives;
(f) The need to strengthen educational programmes on human rights, gender equality, international humanitarian law and peace.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Increase its efforts to improve the quality of education and its availability and accessibility to displaced and rural children, particularly girls, by substantially increasing the education budget, providing quality training for teachers and ensuring that schools are built far away environmental at-risk areas and from military targets;
(b) Ensure the effective implementation of the policy on education for indigenous and Afro-Colombian children by allocating adequate resources and fully implementing Decree 1953 aiming at reinforcing the autonomy of indigenous peoples in the area of education;
(c) Strengthen measures to address school dropout, taking into consideration the particular reasons why boys and girls drop out;
(d) Increase its efforts to ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(e) Closely monitor compliance with directives prohibiting civilian-military activities, the occupation of schools and other actions that put the educational community at risk, and sanction those who do not comply with them;
(f) Undertake an assessment of the measures taken so far to protect teachers and other school staff who have been threatened or attacked and, on the basis of the lessons learned, establish effective mechanisms and protocols for their protection;
(g) Strengthen its efforts to include comprehensive educational programmes on human rights, gender equality, international humanitarian law and peace, in the mandatory school curricula.”
“The Committee notes the measures taken to address the phenomenon of children in street situations. It remains concerned, however, that these efforts are insufficient, do not adequately address structural problems and are limited to some of the main cities. It notes with concern that these children are generally stereotyped as criminals.”
“The Committee reiterates its recommendation (CRC/C/COL/CO/3, para. 85) and recommends that the State party…
(c) Strengthen its efforts to ensure that children in street situations are provided with adequate nutrition, shelter, health care, educational opportunities and protection from all forms of violence, including sexual abuse, and that they are not viewed as criminals.”
(8 June 2006, CRC/C/COL/CO/3, Concluding observations on third report, paras. 35, 37, 64, 76, 77, 94 and 95)
“The Committee is deeply concerned that widespread discrimination exists towards certain vulnerable groups, such as displaced children, Afro-Colombian and indigenous children and children living in rural and remote areas. Their ability to access education and health facilities is severely reduced by disproportionate allocation of resources....
“The Committee also requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to provide special protection to vulnerable groups including girls, indigenous and Afro-Colombian children and to follow up on the Declaration and Programme of Action adopted at the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee recommends that the State party, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69):
a) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the General Assembly on 23 December 1993;
b) pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible....
“... The Committee continues to have a number of serious concerns with regards to the implementation of the right to education, including the following: ...
e) the policy of etnoeducacion (bilingual education) for indigenous communities lacks coverage and is often done without sufficient consultation with the communities;
f) female students suffer discrimination and termination of their schooling as a consequence of early pregnancies and marriages. Schools continue to apply expulsion on the grounds of pregnancy despite a Constitutional Court ruling that such gender-based discrimination constitutes an infringement on the right to education....
“The Committee urges that national legislation be amended to clearly reflect the right to free primary education and also recommends the State party to: ...
d) increase efforts to eliminate the discrimination in access to education by monitoring the effective abolition of enrolment fees and other costs in order to counteract high dropout and low completion rates. The Committee recommends the use of proactive measures, such as additional support to compensate for hidden costs, in order to combat the pervasive discrimination and social exclusion which affects vulnerable groups, such as children in rural areas, internally displaced, Afro-Colombian and indigenous children;
e) provide further resources and conduct prior consultations with indigenous communities in order to design and effectively provide them with bilingual and culturally sensitive education;
f) effectively monitor discrimination against female students who are expelled due to pregnancy and to sanction educational institutions that fail to comply....
“... Despite an established programme for bilingual education (etnoeducacion) the coverage is limited and illiteracy rates high....
“The Committee recommends that the State party: ...
c) take affirmative measures to ensure that children of ethnic minorities gain de facto enjoyment of their rights, in particular in the area of health and education....”
Cook Islands
(2nd April 2020, CRC/C/COK/CO/2-5, Concluding observations on the combined second to fifth periodic reports, paras 18, 19, 37, 38, 46 and 47) - 84th session
“The Committee is concerned about the prevalence of discriminatory legislation, in particular the Crimes Act, in which consensual sexual activity between boys is criminalized, as well as the Cook Islands Act, in relation to the rights of adopted children.”
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party repeal the discriminatory provisions in its legislation to ensure respect for the rights set forth in the Convention.”
“The Committee commends the State party for having increased the provision of child grants for children with disabilities from the previous upper limit of 12 years of age to 16 years of age. It also commends the steps taken to facilitate access for children with disabilities to inclusive education, including by providing them with individualized support in mainstream schools and by improving the accessibility of school buildings. However, the Committee is concerned about the gaps in the implementation of the State party’s laws and policies concerning children with disabilities.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party, with the full and effective participation of children with disabilities:
(a) Prioritize infrastructure adaptation to improve access to public buildings and spaces, including schools;
(b) Continue to provide individualized support to children with disabilities to ensure their full participation in inclusive education in mainstream schools, including by training and appointing a sufficient number of suitable teacher’s aides;
(c) Continue to provide support and services in the community to enable families to care for children with disabilities;
(d) Undertake awareness-raising campaigns aimed at government officials, the public, traditional, religious and community leaders and families to promote a positive image of children with disabilities, with a view to ensuring their full inclusion in society.”
“The Committee welcomes the fact that education is compulsory for children between 5 and 16 years of age and the support provided to pregnant teenagers and adolescent mothers to continue their education. While noting with appreciation the information on the high enrolment rates in primary schools and the high level of retention in secondary schools, the Committee remains concerned about the disparities between children in Rarotonga and those in the outer islands, in their access to quality education, especially to early childhood education and vocational training.”
“Taking note of targets 4.2, 4.4, 4.5, 4.7 and 4.c of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Intensify its efforts to combat disparities within the country in access to quality education and encourage equal opportunities in education for children living in the outer islands;
(b) Continue to improve the availability and quality of vocational training to enhance the skills of children and young people, especially those who discontinue their schooling;
(c) Allocate sufficient human, technical and financial resources to enhance access to quality early childhood education and care across the country.”
(3 August 2011, CRC/C/CRI/CO/4, Concluding observations: Costa Rica, paras. 55, 56, 71 and 72)
“The Committee commends the Adoption of the Disability Act in 2008 supported by a Disability Strategy together with the Education Amendment Act 2003/20, that, inter alia, seek to enhance the right to education for children with disabilities. However, the Committee notes with concern that children with disabilities are still not fully integrated into the education system due to lack of facilities to cater for their needs, and that in fact only half of the children with disabilities in the State party attend school despite compulsory attendance policy.
“The Committee urges the State party to strengthen its efforts to implement the Disability Strategy and the Disability Act 2008, and in particular to ensure access to education for all children with disabilities, with particular attention to the geographically disadvantaged group of children with disabilities in the Outer Islands, and to implement inclusive education policy.”
Costa Rica
(4th March 2020, CRC/C/CRI/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 16, 17, 26, 27, 35, 40 and 43) - 83rd session
“The Committee, while noting the 2015 constitutional reform recognizing the State party as a multi-ethnic and pluralistic society, and the adoption of the national policy for a society free from racism, racial discrimination and xenophobia for the period 2014–2025, is concerned about:
(a) Persisting gender stereotypes against girls, which heighten the risks of sexual violence and exploitation, early pregnancies and the imposition of barriers in access to education and sexual and reproductive health;
(b) Multiple and intersectional discrimination against indigenous and Afrodescendent children and children with disabilities;
(c) Information about hate speech mainly affecting children in situations of migration, as well as refugee and asylum-seeking children, and lesbian, gay, bisexual, transgender and intersex children.”
“With reference to targets 5.1 and 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Strengthen its efforts to eliminate gender stereotypes and remove patriarchal ideologies in education, and in the family, including through awareness-raising campaigns, and strengthen its measures, including temporary special measures, and budgetary, human and administrative resources to ensure equal access of girls to education and health;
(b) Expedite the adoption of legislation to sanction and address all forms of violence related to racism, xenophobia and discrimination, including sanctions for perpetrators of hate speech, and adopt a comprehensive national strategy and action plan to eliminate discrimination, racism, sexism and all forms of discrimination against children, addressing multiple and intersectional discrimination against them;
(c) Strengthen campaigns to counter hate speech, harassment, bullying and negative portrayal affecting migrant, asylum-seeking and refugee children, and lesbian, gay, bisexual, transgender and intersex children.”
“The Committee is deeply concerned about…
(b) Harassment and bullying experienced by children in schools and the community on the basis of their sex orientation or gender identity…”
“With reference to its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and taking note of target 16.2 of the Sustainable Development Goals on ending all forms of violence against children, the Committee urges the State party to:
(a) Strengthen coordination among State party authorities to implement policies for the prevention of violence against children, and adopt indicators to monitor progress achieved in the prevention of violence and in combating factors underpinning violence against children at home, in school and in society….
(d) Strengthen its efforts to combat cyberbullying and harassment against lesbian, gay, bisexual, transgender and intersex children and ensure child-friendly accessible complaint mechanisms in schools, or through electronic platforms safeguarding the privacy of child victims…”
“Noting the measures taken by the State party to implement inclusive education, including the development of resource centres and universal design in education teaching methods, and with reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party…
(e) Strengthen measures to promote inclusion of children with disabilities in the community, including through personal assistance, and ensure their equal access to all services in the community, including education, health, cultural sites, leisure and recreation, and tourism”
“Taking note of targets 4.1, 4.2, 4.3, 4.5, 4.A and 4.C of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Strengthen its measures to address gaps in school enrolment of children in rural and coastal areas, indigenous and Afrodescendent children, children with disabilities, and migrant children, and to combat school dropout;
(b) Ensure that school curricula and teaching methodologies adapt to the requirements of pupils, regardless of their sex or their cultural, ethnic or disability background;
(c) Expedite measures to implement recommendations issued by the Committee on the Elimination of Discrimination against Women (CEDAW/C/CRI/CO/7, paras. 27 (a) and (b)) aimed at improving the enrolment of girls, developing culturally appropriate bilingual education, eliminating stigmatization of pregnant adolescent girls in education and facilitating re-entry to school for young mothers;
(d) Strengthen efforts to implement inclusive education and facilitate the enrolment of all children with disabilities in mainstream schools, regardless of the type of impairment, age or place of residence, ensuring the provision of accessibility measures and individualized supports;
(e) Implement a monitoring and evaluation system of teacher performance, and introduce accreditation procedures for teachers and other staff working in the education system;
(f) Ensure that school curricula promote democratic coexistence, tolerance and respect for diversity, non-violent conflict resolution, safe use of the Internet, and skills to combat bullying and raise awareness of its harmful effects.”
“The Committee commends the State party’s adoption of the Comprehensive Migration Policy for the period 2020–2023 and its protocols providing for the identification and protection of migrant children. With reference to joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee recommends that the State party…
(c) Ensure that the private and public schools and universities facilitate access to education for asylum-seeking, refugee and migrant children, in line with legislation, and that lack of documents is not an obstacle or cause of rejection at school…”
(3 August 2011, CRC/C/CRI/CO/4, Concluding observations: Costa Rica, paras. 55, 56, 71 and 72)
“While welcoming the State party’s ratification of the Convention on the Rights of Persons with Disabilities, the Committee notes with concern that it has not adopted any implementing legislation or an integrated policy to protect the rights of children with disabilities. It is also concerned that, owing to excessive centralization of health services in urban areas, the coverage and quality of health-care services for children and adolescents with disabilities is inadequate in rural areas, and that there is a lack of specialized rehabilitation services in the State party. The Committee is concerned about the lack of screening programmes for early detection of disabilities. The Committee is seriously concerned that there is still no inclusive education programme for children with disabilities in the State party.
“In light of article 23 of the Convention and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party
:(a) Adopt a comprehensive policy for the integration and participation of children with disabilities in public, social and community life, including the provision of inclusive education;
(b) Improve the coverage and response of the public support network aimed at children and adolescents with disabilities to ensure that they have adequate access, including in rural areas, to specialized equipment, financial subsidies, medical care, transportation, social services, and spaces for rehabilitation as part of the National Health System;
(c) Progressively develop screening services for prevention and early detection of disabilities; and
(d) Ensure that all health services provided to children and adolescents with disabilities, including mental health services and, in particular, the administration of psychotropic substances, are based on the free and informed consent of the children concerned, according to their evolving capacities.
“While taking note of the measures taken by the State party to train special education teachers, adjust curricula in the regular school system and improve the school infrastructure for children with disabilities, the Committee is nevertheless concerned about the limited accessibility of both public and private educational institutions for children and adolescents with disabilities.
“The Committee recommends that the State party:
(a) Ensure that schools and classrooms are physically ( and buildings-wise) accessible for children with disabilities;
(b) Give priority to the progressive implementation of inclusive education for children with disabilities rather than education in specialized institutions, including through teacher training and special classroom support for teachers;
(c) Develop individual education plans for all students with disabilities and ensure the availability of assistive devices and support in classrooms;
(d) Ensure that education on sexual and reproductive health and rights is provided in age-appropriate and accessible formats and respectful of the dignity of students with disabilities.”
(21 September 2005, CRC/C/15/Add.266, Concluding observations on third report, paras. 18, 19, 20, 39, 40, 45, 57 and 58)
“The Committee welcomes the elaboration of the first National Development Plan for Costa Rica’s Indigenous People, the translation into indigenous languages of the Childhood and Adolescence Code, the Law against Domestic Violence and the Law on Responsible Paternity, as well as the incorporation of the rights of indigenous people into the National Plan for Children and Adolescents. The Committee is concerned however at the limited access of indigenous children, migrant children and those living in rural areas, to basic education and health services, and at their low standard of living. ... While welcoming the revocation by resolution No. 008857-99 of articles 6 and 7 of Executive Decree (Decreto ejecutivo) No. 21989-MEP-MTSS, the Committee is concerned at information received whereby migrant children are still neither eligible for scholarships, nor entitled to take part in students’ councils.
“The Committee encourages the State party to continue to pay due attention to the needs of indigenous people by taking appropriate measures to address the high rate of infant mortality among the indigenous communities, and to substantially increase their level of education and standard of living, and endorses the recommendation of the Committee on the Elimination of Racial Discrimination in that regard (CERD/C/60/CO/3, para. 11). The Committee further recommends that the State party provide information on the number of migrant children who benefited from scholarships since the adoption of resolution No. 008857-99. In addition, the Committee recommends that the State party take steps to disseminate the contents of the resolution to the public at large. The Committee also recommends that the State party take appropriate measures to ensure the right of migrant children to take part in students’ councils. The State party should provide information in its next periodic report on the action taken to protect children of migrant families in irregular situations against discrimination as recommended by the Committee in its previous concluding observations.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking account of the Committee’s general comment No. 1 (2001) on the aims of education.
“The Committee notes the steps taken by the State party to strengthen the access to health services and information for children with disabilities, and train professionals working in public health institutions on the rights of disabled children, as well as the efforts to include children with disabilities in regular school, the prenatal and post-natal screening programmes. The Committee remains concerned, however, at the limited coverage of this progress to the economically disadvantaged and rural populations.
“The Committee recommends that the State party continue to expand programmes for children with disabilities including the prenatal and post-natal screening programmes, and ensure their access, inter alia through mobile clinics, to economically disadvantaged people in rural areas. The Committee further recommends that the State party strengthen its policy to integrate children in regular schools.
“The Committee takes note of the efforts made by the State party to increase the level of school infrastructure at the country level, and ensure that all children, including refugee children, have access to education. ...
Although courses and institutions for technical and vocational training were expanded, the Committee regrets ... the low completion rate of secondary school, in particular in rural areas, especially of deprived children and indigenous children, as well as the lack of school infrastructure in remote areas of the country.
“With respect to indigenous communities, the Committee takes note of the State party’s efforts to increase the number of schools providing bilingual education. It is however concerned at the insufficient number of indigenous teachers and schools, and at the fact that education does not fully take into account indigenous culture.
“The Committee recommends that the State party continue to increase the number of indigenous schools and adequately trained indigenous teachers, and ensure the right of indigenous children to learn to read and write in their own language through methods adapted to their own culture....”
Croatia
(13th October 2014, CRC/C/HRV/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 42, 43, 50, 51, 52 and 53) - 67th Session
“The Committee welcomes the measures taken by the State party to ensure inclusive education for children with disabilities. The Committee is however concerned that:
(a) Cross-sectoral coordination and standardized developmental screening protocols and tools are lacking, resulting in missed opportunities for early childhood intervention;
(b) The number of children with disabilities in institutional care is increasing and adequate treatment and care are lacking in the institutions;
(c) There have been incidents of ill-treatment of children with disabilities in some health care institutions;
(d) The support system for children with disabilities to ensure inclusive education is unevenly developed, particularly in rural areas; many schools do not provide the necessary conditions for inclusive education; funding for teaching assistants is not always available; and teachers and other school personnel are not sufficiently trained;
(e) Abandoned children with disabilities are primarily placed in health-care institutions, not in children’s institutions, and are therefore not included in official data of children available for adoption.”
“In the light of article 23 of the Convention and its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Improve and strengthen early detection and treatment services in the health and education sectors;
(b) Prevent institutionalization of, and ensure sufficient alternative family- and community-based care options for, children with disabilities deprived of a family environment;
(c) Ensure adequate training of personnel working in health-care institutions on the medical practice regarding respect for the dignity of children with disabilities, and carry out regular inspections of institutions with long-term placement;
(d) Strengthen its efforts to establish State-wide inclusive education, including through the allocation of necessary resources, and ensure regular training for teachers and other school personnel;
(e) Ensure that abandoned children with disabilities are included in the list of children available for adoption.”
“The Committee notes the efforts made by the State party with regard to improving inclusive education. However, it remains concerned that many children in vulnerable and disadvantaged situations, including Roma children, children with disabilities, children living in poverty, children living in remote areas and foreign children, do not have equal access to the education system. Moreover, the Committee is concerned that:
(a) Roma children continue to be segregated in schools;
(b) The education system continues to be centralized and uniform in the design of programmes;
(c) There is a lack of systematic human rights education programmes;
(d) There are insufficient support mechanisms for, and lack of monitoring of, children outside the educational and vocational training system.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure that all children have equal access to education, in particular children in vulnerable and disadvantaged situations;
(b) End segregation of Roma children and ensure their full integration into mainstream education;
(c) Strengthen measures to move towards decentralization and pluralism in the design of educational programmes, with a view to encouraging child-centred learning and the active participation of children;
(d) Strengthen the national plan of action for human rights education, as recommended in the framework of the World Programme for Human Rights Education proclaimed by the General Assembly in its resolution 59/113;
(e) Expand support for, and vocational education and training of, children who have left school, so as to enable them to acquire competencies and skills to enhance their work opportunities.”
“The Committee is concerned about limited availability of affordable and high quality early child care and education and other community-based services, in particular for families in remote or less developed areas and in situations of poverty.”
“The Committee recommends that the State party allocate sufficient financial resources for the development and expansion of early childhood education, including by ensuring a sufficient number of kindergartens, based on a comprehensive and holistic policy of early childhood care and education, as well as other community-based services for all families.”
(1 October 2004, CRC/C/15/Add.243 Unedited version, Concluding observations on second report, paras. 22, 57, 58, 60,61 and 62)
“The Committee reiterates its recommendation that the State party should take measures aimed at developing a culture of tolerance in the society at large through all possible channels, including the schools, the media and the law.
“While noting the efforts made by the State party with regard to education, e.g. the 2001 Law on the Changes and Amendments of the Primary Education Law, it remains concerned about the different access to education of children belonging to minority and the most vulnerable groups, including Roma children, children living in poverty, children with disabilities and foreign children, which hampers their full enjoyment of a system of education adequate to their values and identity....
“The Committee recommends that the State party:
a) take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. minority groups, children living in poverty, etc.);
b) ensure the implementation of the National Programme for Roma, providing it with adequate human and financial resources and with periodic evaluation of its progress; ...
g) take the necessary measures to integrate children with disabilities in the mainstream education system, including vocational education, and in society....
“... The Committee expresses its concern about the difficult access to education and health care for refugee and internally displaced children.
“The Committee recommends that the State party ensure the effective implementation of the new Asylum Law and that refugee and asylum-seeking children have access to basic services such as education and health, and that there is no discrimination in benefit entitlements for asylum-seeking families that could negatively affect children.
“The Committee ... recommends that effective measures be undertaken to ensure that displaced children have equal access to education and health care.”
Cuba
(30th October 2015, CRC/C/OPAC/CUB/CO/1, Concluding observations on the report submitted by Cuba under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 21 and 22) - 70th Session
“The Committee is concerned that children as young as 14 years of age may enrol in military schools operated by the Armed Forces. It is also concerned that the minimum age for entering a military school of higher education is 17 and that military training, including the use of weapons, is provided from the first year. The Committee is concerned about the lack of information regarding military schools operated by the Ministry of the Interior, in particular the school curricula, the civilian status of students and the applicable disciplinary rules and regulations.”
“The Committee recommends that the State party ban military-type training, including the use of firearms, for children under the age of 18 and ensure that any military school for children takes into account human rights principles.”
(30th October 2015, CRC/C/OPSC/CUB/CO/1, Concluding observations on the report submitted by Cuba under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 37 and 38)
“The Committee is concerned that there is no comprehensive system of data collection on all areas covered by the Optional Protocol and that information is not publicly available.”
“The Committee recommends that the State party develop and implement a comprehensive and coordinated system of data collection, analysis, monitoring and impact assessment regarding all areas covered by the Optional Protocol, including on the sale of children, child prostitution, child pornography and child sex tourism. The data should be disaggregated, inter alia, by sex, age, ethnic origin, geographic location and socioeconomic status, with particular attention paid to children who are at risk of becoming victims of crimes under the Optional Protocol. The data system should also collect information on the number of cases reported, prosecutions, judgements and redress provided to victims, disaggregated by the nature of the offence, the category of perpetrator and the above-mentioned characteristics of victims. The data should include all victims under the age of 18 and should be made publicly available on a regular basis.”
“While welcoming the creation of a 24-hour telephone line operated by the Attorney General’s office to receive and attend to complaints, the Committee is concerned about the lack of information on cases involving offences under the Optional Protocol, the limited training received by the staff of the telephone line and the fact that children do not make use of it.”
“The Committee recommends that the State party:
(a) Collect information on the operations of the telephone helpline regarding offences under the Optional Protocol, namely on the number of cases received, disaggregated by the nature of the offence, the age and sex of the victim, ethnic group, geographic location and socioeconomic background, and on measures taken to immediately provide protection to the victims and investigate such cases;
(b) Ensure that the telephone helpline is accessible to children and that the staff is adequately trained in child-sensitive procedures and in directing complaints to the relevant services.”
(3 August 2011, CRC/C/CUB/CO/2, Concluding observations: Cuba, para. 43)
“The Committee acknowledges the efforts undertaken by the State party to guarantee the rights of children with disabilities, in particular with regard to their access to education. Nonetheless, the Committee is concerned at the lack of information explaining the reasons for the disproportionate number of children under the special education regime (40,176) vis-à-vis the number of children under the inclusive education regime (23,161) in the State party. The Committee regrets the lack of specific information on other measures aimed at guaranteeing the rights of children with disabilities in other spheres, such as the adoption of specific legislation prohibiting discrimination against people with disabilities.
“The Committee recommends that the State party take all necessary measures to promote inclusive education of children with all forms of disabilities and invites the State party to adopt a law which prohibits discrimination against persons with disabilities, in particular children, taking into consideration its general comment No. 9 (2006) on the rights of children with disabilities and the Convention on the Rights of Persons with Disabilities. The Committee further recommends that the State party review existing policies and practices in relation to children with disabilities, taking due regard of the Standard Rules on Equalization of Opportunities for Persons with Disabilities and the Committee’s recommendations adopted at its day of general discussion on children with disabilities, and provide detailed information in its next periodic report on the measures taken.”
Cyprus
“The Committee welcomes the State party’s Ministry of Education and Culture establishing a mechanism for identification and support of children with learning difficulties, emotional and other problems. However, it is concerned that the State party has no definition of inclusive education incorporated into its law. It is further concerned that there are insufficient measures to ensure that mainstream schools are accessible to all children with disabilities.
“The Committee recommends that the State party establish a clear legislative definition of inclusive education. It further recommends that the State party adopt measures, including reasonable accommodation in all schools, to ensure that children with disabilities are able to exercise their right to education, and provide for their inclusion in the mainstream education system.”
(2 July 2003, CRC/C/15/Add.205, Concluding observations on second report, paras. 27, 29, 51, 52, 53 and 54)
“The Committee is encouraged by positive developments, as noted by the Committee on the Elimination of Racial Discrimination (CERD) in August 2001, with respect to legislative reform. However, the Committee reiterates the concern of CERD relating to the lack of legal provisions expressly outlawing racial discrimination by private persons in education and employment....
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).
“The Committee ... is concerned about the broad scope of special schools for children with physical, mental or emotional needs, which, inter alia is not conducive to the integration of those children into mainstream schools.
“The Committee encourages the State party to strengthen its efforts to include children with special needs wherever possible in mainstream schools, in accordance with article 23 (3) of the Convention. In this respect, the Committee draws the attention of the State party to the Standard Rules for the Equalization of Opportunities for Persons with Disabilities.
“The Committee ... remains concerned about difficulties that some children who have been given temporary protection may be experiencing in access to public education....
“The Committee recommends that the State party: ...
b) introduce further amendments to the Refugee Law in order to ensure access to public educational facilities to persons afforded temporary protection....”
Czech Republic
<(22nd October 2021, CRC/C/CZE/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 18, 28, 34, 35 and 42)
“Recalling target 10.3 of the Sustainable Development Goals and its previous recommendations to the State party, the Committee recommends that the State party:
(a) Intensify its measures to eliminate discrimination against Roma children in all areas of life;
(b) Adopt a national action plan for combating racism and hate crimes;
(c) Ensure that children from economically deprived households, rural children, children with disabilities, children in alternative care, migrant children and children belonging to minority groups have access to education, health care, essential services, housing, social benefits and participatory structures;
(d) Ensure the availability of avenues to seek justice for children who are victims of discrimination and organizations representing them, including by introducing the class action pleading.”
“Recalling joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices and target 5.3 of the Sustainable Development Goals, the Committee urges the State party to:
(a) Explicitly criminalize forced marriage and raise awareness about the harmful effects of child marriage on the physical and mental health and well-being of girls, targeting in particular the Roma community, encourage the reporting of child marriage and establish protection schemes for victims who file a complaint;
(b) Ensure that no child, including intersex children, is subjected to unnecessary medical or surgical treatment during childhood, in line with the rights of children to bodily integrity, autonomy and self-determination, and provide social, medical and psychological services, as well as adequate counselling, support and reparations, to intersex children and families with intersex children;
(c) Adopt the draft law to compensate children who are victims of forced sterilization.”
“The Committee notes the significant decrease in the number of children with disabilities in institutional care and the efforts made in developing inclusive education. However, the Committee is concerned about the following:
(a) The lack of a definition of reasonable accommodation compliant with theConvention on the Rights of Persons with Disabilities;
(b) The fragmentation of care, which hinders its effectiveness;
(c) Delays in the allocation of the “care allowance”, and its unavailability during the first year of life, and regional disparities in the provision of specialized medical and social care, especially for children with very serious, combined or rare disabilities, which prompts the institutionalization and hospitalization of such children, at times together with adults;
(d) The overrepresentation of children with disabilities in institutions, specifically in “social care homes” that mix children and adults, which are based on a contract with parents and are outside the control of the child protection system;
(e) Insufficient early and effective interventions for children with autism and developmental disorders;
(f) Widespread discrimination against children with disabilities, in particular Roma children”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, to set up a comprehensive strategy for the inclusion of children with disabilities and to:
(a) Align the definition of reasonable accommodation with the Convention on the Rights of Persons with Disabilities;
(b) Improve the coordination and interconnection between the social, health- care and legal protection authorities charged with caring for children with disabilities and train staff to initiate appropriate care options and enable timely referrals;
(c) End the practice of placing children with disabilities in “social care homes” with adults;
(d) Strengthen support for the parents of children with disabilities, including those with very serious, combined or rare disabilities, to meet the demand in urban, rural and remote areas, reduce regional disparities and ensure the right of those children to grow up in their family environment, including by increasing the availability of early care, home nursing and relief services, creating a network of community and outpatient health-care services, training and ensuring an adequate number of paediatricians, child psychiatrists and psychologists and ergotherapists, providing timely and adequate socioeconomic support to all children with disabilities, regardless of their age and type of disability, and improving outreach to parents about the services available;
(e) Ensure early and effective detection of, and intervention for, children with autism and developmental disorders, provide adequate training to professionals and comprehensive information, services and support to parents, on educating and raising children with disabilities, and ensure that such children benefit from scientifically based early development programmes and inclusive education;
(f) Undertake awareness-raising campaigns to combat the stigmatization of, and prejudice against, and to promote a positive image of, children with disabilities.”
“The Committee welcomes the measures taken to promote inclusive education, including the inclusive education action plans and Decree No. 27/2016, and the gradual decrease in the number of children with disabilities and Roma children in special education. Recalling targets 4.1, 4.2 and 4.5 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Review its legislation and practices, including amendments to Decree No. 27/2016, to ensure the full and effective integration of all children, including Roma children, migrant children and children with disabilities, into mainstream education at all levels and provide adequate financial support for children in socially or financially disadvantaged situations;
(b) Reaffirm its commitment to inclusive education, including by employing an adequate number of teachers and adequately remunerated teaching assistants, ensuring reasonable accommodation at school, facilitating access to advisory centres and providing the necessary support to schools;
(c) Collect and analyse disaggregated data on Roma children, children with disabilities and migrant children who enrol in, complete and drop out of school, to inform its policies and programmes;
(d) Establish and apply a national standardized education curriculum, giving particular attention to digital skills, supply an adequate number of qualified and adequately remunerated teachers, strengthen teacher training in information and communications technology skills and improve digital equipment in schools;
(e) Allocate sufficient State funds for developing early childhood education and creating an adequate number of childcare facilities, giving particular attention to children in socially and financially disadvantaged situations;
(f) Address inequalities generated by the COVID-19 crisis during home schooling, including by ensuring the availability of computer equipment and sufficient Internet access, giving particular attention to children in rural areas and children with disabilities.”
(4 August 2011, CRC/C/CZE/CO/3-4, Concluding observations: Czech Republic, paras. 51, 61)
“While welcoming the State party’s Education Act (Act No. 73/2005 Coll.) which provides for the integration of children with disabilities into mainstream schools, the Committee is seriously concerned that:
(a) The Executive Ordinance of the Education Act (Act No. 73/2005 Coll.) allows schools to refuse to provide integrated education on the basis of insufficient material resources, which results in de facto exclusion of children with disabilities from mainstream schools remaining the norm; furthermore, parents of children with special educational needs are required to contribute to the extra cost of providing their child with education in a mainstream environment, inappropriately transferring the onus from the State to parents to fund their children's education in a free public school;
(b )Current legislation precludes children with disabilities who are less than one year old from receiving care allowances;
(c) The majority of children with disabilities are placed in institutions because parents are unable or do not want to care for these children;
(d) A medical model approach is applied in addressing the needs of children with disabilities;
(e) The availability of data concerning children with disabilities is quantitatively as well as qualitatively limited.
“The Committee recommends that the State party:
(a) Ensure the provision of adequate financial, technical and human resources for schools to effectively provide mainstream education for children with disabilities; and amend its legislation to prohibit schools from refusing children on the grounds of insufficient material resources;
(b) Provide socio-economic support to children with disabilities regardless of their age;
(c)Promote and facilitate care for children with disabilities in a family environment by providing adequate support to their parents or guardians;
(c) Adopt a social model approach which is in accordance with the Convention on the Rights of Persons with Disabilities, addressing attitudinal and environmental barriers that hinder the full and effective participation of children with disabilities in society on an equal basis, and train all professionals working with or for children with disabilities accordingly;
(d) Establish mechanisms for the collection of comprehensive and disaggregated data on children with disabilities and provide the human, technical and financial resources necessary for using such data to guide State party policy and programming for inclusive education.
“In the implementation of the above recommendations, the Committee highlights to the State party articles 23 and 29 of the Convention, its general comment No. 9 (2006) on the rights of children with disabilities, and article 24 of the Convention on the Rights of Persons with Disabilities.
“The Committee notes as positive the Education Act (2004), which formally abolished the State party’s so-called special schools, and the ongoing implementation of the National Action Plan for Inclusive Education (2010), which aims at establishing clear and objective criteria for placement in special education as well as enhancing the sensitivity of educational professionals and fostering a system based on cultural diversity…
… (d) The absence of financial support for children from socially or financially disadvantaged situations resulting in the tendency for such children to be categorized as having “disabilities” in order to receive additional financial resources designated for children with disabilities…
(e) The lack of genuine informed consent in the process leading to a child’s placement in the Framework Education Programme for Children with Light Mental Disabilities, due to the fact that the informed consent materials have, up to now, been written in technical language that is not readily comprehensible. Furthermore, the documentation does not provide for any clear means for contesting a decision on placing the child in “special education” or reviewing it on a regular basis.
“The Committee recommends that the State party ensure:
… (d) The provision of adequate financial support for children from socially or financially disadvantaged situations, so as to rectify systemic tendencies for schools to intentionally place children without disabilities in special education in order to obtain additional financial resources…
(f) That the Ministry of Education and other relevant authorities, including school autho rities interacting directly with parents, take all measures to ensure that (i) the information, materials and processes relating to the placement of a child in special education are in language that is comprehensible and fully explains the implications of such placement, (ii) the decision for such placement be properly documented in written form, (iii) channels for contesting such placement decisions be made readily and practicably accessible to parents, and (iv) regular review by an independent body be undertaken to ensure that continued placement in special education is in the best interests of the child.
The Committee also urges the State party to establish a detailed timeline with defined benchmarks in order to expeditiously implement the above recommendations and regularly monitor the State party’s progress in doing so.”
(18 March 2003, CRC/C/15/Add.201, Concluding observations on second report, paras. 28, 48, 49, 56, 67 and 68)
“The Committee welcomes the Method Instruction of the Ministry of Education, Youth and Sports on education against expressions of racism, xenophobia and intolerance. The Committee also notes the numerous initiatives of the State party to counter discrimination in education, in particular against children belonging to the Roma minority, including the adoption of legislation to counter discrimination in employment (Act No. 167/1999 Coll.)....
“The Committee welcomes information on the national plan to equalize opportunities for citizens with medical disabilities and is encouraged by the growing number of children with disabilities who are integrated into mainstream education....
“The Committee recommends that the State party: ...
c) in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible.
“The Committee ... recognizes the cooperation with the Office of the United Nations High Commissioner for Human Rights (UNHCHR) in the drafting process of the new Foster Care Law defining modalities of education and accommodation for foreigners who are also unaccompanied minors. However, the Committee remains concerned that: ...
c) compulsory school attendance is not always observed.
“The Committee welcomes the implementation of strategies aimed at promoting Roma children’s rights to health-care services and inclusion in education. The Committee also welcomes Roma NGO participation in promoting the rights of their children. However, it remains concerned at the negative attitudes and prejudices among the general public, media representations, incidents of police brutality, and discriminatory behaviour on the part of some persons working with and for children, including teachers and doctors.
“In accordance with article 2 of the Convention, the Committee recommends that the State party:
a) initiate campaigns, at all levels and in all regions, aimed at addressing the negative attitudes towards Roma in society at large, and in particular among authorities such as the police, and professionals providing health care, education and other social services;
b) based on the evaluation of previous strategies, develop and implement a comprehensive proactive strategy for the improvement of access to primary health care, education and social welfare services, in cooperation with Roma NGO partners, and targeting the whole Roma child population....”
D
- Democratic Republic of Congo
- Democratic People's Republic of Korea
- Denmark
- Djibouti
- Dominica
- Dominican Republic
Democratic Republic of Congo
(28 February 2017, CRC/C/COD/3-5, Concluding observations on the combined third to fifth periodic reports, Paras. 15, 25, 27, 28, 34, 39 and 40) - 74th session
“While noting the persistent discrimination against children in vulnerable and marginalized situations, including children with disabilities, children with HIV/AIDS, children accused of witchcraft, children with albinism, indigenous children, lesbian, gay, bisexual and transgender children, demobilized child soldiers and internally displaced children, and the lack of an overall strategy to combat such discrimination, the Committee recommends that the State party adopt comprehensive legislation prohibiting discriminatory behaviour on any grounds. The Committee, reiterating its previous recommendation (see CRC/C/COD/CO/2, para. 29), also urges the State party to:
(a) Take all measures, including administrative measures, to ensure the implementation of legislation protecting children against discrimination;
(b) Adopt a comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups;
(c) Conduct studies to identify and act on causes of discrimination, carry out awareness-raising activities in order to combat such discrimination, and train professionals working with and for children.”
“The Committee notes the efforts made by the State party in the past several years, including the adoption of a law against sexual violence (2006) and a national strategy to combat sexual violence and gender-based violence, and the information provided during the dialogue that sexual violence had been reduced by half over the past two years. However, the Committee expresses its deep concern that:
(a) The rate of sexual violence against children, notably rape, reportedly remains high;
(b) Rape and other types of sexual violence against women and children are used as weapons of war in conflict-affected areas of the country;
(c) Children surviving sexual violence receive little access to health care, psychological support and compensation;
(d) Perpetrators of rape and sexual violence against children enjoy impunity.”
“While welcoming the amendments to the Family Code in 2016 that increased the legal age of marriage for girls to 18 years, the Committee is seriously concerned that the number of child marriages, including customary marriages, in the country has been high, affecting a large number of girls. The Committee is also concerned about the continued practice of female genital mutilation in some parts of the country, in particular in Mweso, North Kivu, which remains largely unreported.”
“The Committee urges the State party to take effective measures to implement its legislation and eliminate child marriages, including customary marriages, and to raise awareness of the harmful effects of child marriage on the physical and mental health and well-being of girls, in collaboration with civil society, the media, traditional leaders and families. In the light of joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014), the Committee also urges the State party to put an end to the practice of female genital mutilation by raising awareness of the harmful effects of the practice and bringing to justice those who carry out the practice and those who collaborate with such practitioners.”
“In the light of article 23 of the Convention and of general comment No. 9 (2006) on the rights of children with disabilities, and given that the vast majority of children with disabilities face discrimination and have limited access to services, including health and education services, and that children with mental disabilities, namely intellectual and psychosocial disabilities, are confined to psychiatric clinics, the Committee recommends that the State party, in cooperation with civil society organizations working on issues related to children with disabilities:
(a) Take all measures necessary to ensure the implementation of legislation providing protection for children with disabilities and consider adopting specific legislation in line with the Convention on the Rights of Persons with Disabilities;
(b) Make every effort to provide programmes and services for all children with disabilities and ensure that such services are supported with adequate human and financial resources;
(c) Carry out campaigns to raise public awareness about the rights and special needs of children with disabilities and encourage the inclusion of such children in society;
(d) Implement inclusive education for all children with disabilities in mainstream schools;
(e) Provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers.”
“The Committee notes the initiatives taken by the Government to improve access by children to schools, including efforts to reduce disparities between girls and boys as regards enrolment in primary school, to build 1,000 schools throughout its territory and, in 2013, to prohibit the occupation of schools by the military. However, it regrets that the efforts are not sufficient and that a large number of school-age children in the country remain out of school. In particular, the Committee expresses its serious concern that:
(a) Only half of children aged between 6 and 11 years attend primary school, owing to the fact that education is not genuinely free;
(b) Large numbers of children abandon school early due to excessive costs, early marriage and fear of violence, especially in conflict-affected areas of the country;
(c) Access to schools in various provinces remains unequal, on the basis of differences between urban and rural areas and the socioeconomic and educational background of parents;
(d) The quality of education remains poor owing to insufficiently qualified teachers, who are also paid irregularly and lack pedagogical materials;
(e) The infrastructure and equipment of schools are insufficient and inadequate, that most schools have no access to potable water and sanitary facilities and that no transport services are provided to and from most schools;
(f) Armed groups continue to attack schools, students and teachers in conflictaffected areas, putting children at risk of abduction and recruitment, and use schools for military purposes;
(g) Only a small number of children attend preschool.”
“In the light of general comment No. 1 (2001) on the aims of education and taking note of Goal 4 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure access to primary education, free of charge, including by removing any additional indirect costs, for all children without discrimination;
(b) Take all measures necessary to ensure that children complete their compulsory schooling, taking concrete action to address the causes behind non-completion of schooling, including, inter alia, direct and indirect costs, early marriage and persisting zones of insecurity;
(c) Create vocational education and training programmes for children, including children who have dropped out of primary or secondary school;
(d) Eliminate differences regarding access to schools and ensure that all children in its territory, both in urban and rural areas and from all socioeconomic backgrounds, have access to free education of adequate quality;
(e) Improve the quality of teaching by, inter alia, ensuring that teachers receive appropriate training and can upgrade their skills further through in-service training, and that they receive adequate salaries that are paid in a timely manner;
(f) Implement its plans to build additional schools and increase expenditure in the education sector, including on school equipment and infrastructure, in particular with regard to access to potable water and adequate sanitation facilities, and ensure that transport services are available to children to facilitate access to schools;
(g) Implement the existing laws and regulations that prohibit attacks on and occupation of schools by the military and take measures to bring those responsible to justice;
(h) Promote early childhood education and take steps to provide children in all regions with access to such education.”
(25 February 2014, CRC/C/COG/2-4, Concluding observations on the combined second to fourth periodic report, para. 28, 29, 56, 57, 66, 67) - 65th Session
The Committee welcomes measures taken by the State party to strengthen national legislation guaranteeing the principle of non-discrimination, including the law on the promotion and protection of the rights of indigenous peoples. Nevertheless, the Committee is concerned by the slow implementation of such legislation and regrets that the Constitution has yet to be amended to prohibit discrimination on any grounds covered by the Convention (CRC/C/COG/CO/1, para. 27 (a)). The Committee expresses its strong concern about the lack of systematic efforts to combat and change discriminatory attitudes and practices, and is particularly concerned about:
(a) The widespread ethnic-based discrimination against children belonging to indigenous groups, who are often the target of insults, physical violence and bullying;
(b) Discrimination against children living in isolated, rural areas in the enjoyment of their rights, in particular regarding access to health services, food, water, schooling and birth registration;
(c) Discrimination against children in street situations and refugee children, in particular those from Rwanda;
(d) Multiple forms of discrimination and prejudice against children with albinism;
(e) The multiple gender-based discrimination against girls.
Recalling its previous recommendation (CRC/C/COG/CO/1, para. 27), the Committee recommends that the principle of non-discrimination, as provided for under article 2 of the Convention, be fully and vigorously applied by the State party and integrated into the implementation of all other articles to guarantee, without discrimination, the rights set out in the Convention. The Committee also recommends that the State party make systematic, adequate and effective efforts to address persistent discrimination in the family, in schools and in other settings, in particular concerning indigenous children, children from rural areas, children with albinism, children in street situations and refugee children, especially girls. It further recommends that the State party include in its next periodic report information on measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party in follow-up to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference.
The Committee notes with interest the National Plan of Action for Persons with Disabilities (2009) and the strategic framework on schooling and re-schooling of children with disabilities (2007) but is concerned at their slow implementation. It also notes with concern that, despite the existence of Law No. 9/92 (1992) on the promotion and protection of disabled persons, no application decrees have been finalized. It also expresses concern that many children with disabilities, especially in rural areas, remain at home and receive no schooling owing to the lack of practical measures to ensure that the national education system has the necessary capacities to facilitate their access to and to integrate them into the education system.
In the light of article 23 of the Convention and of the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, reiterates its previous recommendations (CRC/C/COG/CO/1, para. 57), and recommends that the State party:
(a) Implement the existing national plan of action and strategic framework through dissemination and by ensuring adequate resources;
(b) Finalize decrees for the implementation of Law No. 9/92;
(c) Take practical measures to encourage the inclusion of children with disabilities in the mainstream educational system and in society;
(d) Strengthen special training for teachers and make the physical environment, including schools and all other public areas, accessible for children with disabilities;
(e) Improve and strengthen early detection and treatment services in the health and education sectors.
The Committee welcomes ministerial order No. 278/MEFB/METP/MEPSA putting into effect the constitutional provisions on free primary and secondary education, and notes the national plan and the strategy for education. Nevertheless, the Committee is concerned about the absence of information regarding any evaluation of the implementation and impact of those measures. The Committee remains concerned that:
(a) Parents continue to have to pay registration fees for examinations, fees for lesson notes from some teachers and other unofficial charges;
(b) Vulnerable groups of children continue to face difficulties in enjoying access to education, in particular indigenous and poor children, girls and children with disabilities;
(c) No information was provided on holistic early childhood development for all children in the State party;
(d) The quality of education is low, primary school dropout rates are high and vocational training for children, in particular those who drop out of school, is lacking;
(e) Schools for indigenous children set up with support from religious and international groups as a response to the discrimination faced by indigenous children at school are not yet part of the public system and, as they are dependent on external funding, are unsustainable in the long run;
(f) There are disparities in terms of access, affecting in particular children in remote and poor areas, and reflected in shortages of teachers and the low level of teachers’ skills and knowledge, as well as in poor facilities.
Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Guarantee the right to free mandatory education, without direct or hidden costs; take the necessary measures to ensure that all children are enrolled in school; and improve accessibility to education, paying particular attention to disparities in access to schools based on sex and socioeconomic, ethnic and regional grounds;
(b) Adopt a holistic early childhood development strategy and invest in the training of early childhood development teachers and the provision of integrated formal and community-based programmes involving parents and covering health care, nutrition and breastfeeding, early stimulation and early learning for children from birth to the first year of school;
(c) Undertake additional efforts to improve the quality of education and training for teachers, and develop and promote high-quality informal education and vocational training to enhance the skills of children and young people, especially those who drop out of school;
(d) Provide additional school facilities, particularly in rural areas, and incorporate schools for indigenous children into the national budget, to increase access to education for all children;
(e) Review and update school curricula at all levels with a view to incorporating human rights education with a focus on child rights, as well as peace education.
(7 March 2012, CRC/C/OPAC/COD/CO/1, Consideration of reports submitted by States parties under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; Concluding observations, paras. 8, 20, 22, 28, 29, 48, 49)
“The Committee, notes with deep concern that children continue to be the primary victims of the ongoing conflicts especially in the Eastern provinces of the State party. Referring to its previous concluding observations (CRC/C/COD/2, paras. 33 and 34), the Committee remains alarmed that all parties to the conflict continue to kill and to subject children to the worst forms of violence, including torture and mutilation. The Committee expresses its deepest concern about: [...]
(d) The deliberate attacks of schools and hospitals which continue to be carried out by all parties to the conflict in breach of the Geneva Conventions.”
“The Committee is concerned that awareness of the Optional Protocol among the general public is low and that efforts to disseminate its relevant provisions among children, families, teachers and local authorities have been insufficient, in particular in areas affected by the armed conflict.”
“[...] The Committee also recommends that the State party develop training programmes on the provisions of the Optional Protocol for relevant professional groups working with children, notably [...] social workers, medical professionals, teachers [...]”
“While welcoming the State party’s indication that peace education will be incorporated in school curricula at all levels of primary and secondary education in 2012, 2013, the Committee is however concerned that so far, access to human rights and peace education has been extremely limited.
Considering that human rights and peace education are essential to enhance a culture of peace and promote harmonious relationships which guarantee the culture of non-violence and gender equality among children and the larger society, the Committee recommends that the State party take prompt and concrete measures to ensure the provision of human rights education and, in particular, peace education, for all children in school and train teachers and other professionals to help students to resolve conflict through conflict-resolution and peer-mediation training.”
“The Committee notes with concern that less than half of returning child soldiers have had access to reintegration support and that when such programmes exist, they often fail to address the medical, psychological or socio-economic needs of former child soldiers. As a result, a significant proportion of demobilized children are re-recruited. The Committee is also particularly concerned that:(a) Girl soldiers, although comprising up to thirty per cent of children involved in armed forces and groups, have been and are still underrepresented in release and reintegration programmes and have often no alternative but to return to their former commanders or drift into other marginal activities such as prostitution;
b) Children surviving sexual violence still have little chance to obtain access to health care, psychological support and compensation;
(c) The stabilization and reconstruction program (STAREC) for the five conflict-affected eastern provinces fails to include education and employment programmes.”
“The Committee urges the State party to rebuild an effective and adequately funded national reintegration strategy for child soldiers which should be fully integrated into STAREC. In particular, the Committee urges the State party to: [...]
b) As a matter of priority, develop and implement in collaboration with the United Nations and child protection actors a strategy to identify and provide effective reintegration assistance to current and former girl soldiers and their children, which meet their complex medical, economic and psychosocial needs; [...]
d) Ensure that school reintegration; access to vocational training and the development of youth employment opportunities for demobilized children are incorporated into STAREC;
(20 October 2006, CRC/C/COG/CO/1, Concluding observations on initial report, paras. 26, 56, 57, 68, 69, 73, 74, 88 and 89)
“... the Committee is concerned at the visible gender-based discrimination in education, clearly reflected in the ratio boys/girls in schools....
“... The Committee is also concerned that children with disabilities are not included in regular schools as much as possible.
“The Committee recommends that the State party, in accordance with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted at its day of general discussion on the rights of children with disabilities held on 6 October 1997 (CRC/C/69, paras. 310-339):
a) further encourage the inclusion of children with disabilities into the regular education system and their inclusion into society;
b) pay more attention to special training for teachers and make the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“... the Committee is concerned at the limited access of indigenous children to education.
“The Committee recommends that the State party: ...
b) ensure that primary education is free of direct and hidden costs and compulsory, and that all children are enrolled in mandatory school;
c) pay specific attention to disparities in access to schools based on sex, socio-economic, ethnic and regional grounds, and ensure all children’s full enjoyment of the right to education....
e) undertake additional efforts to ensure access to informal education to those children who dropped out of school before graduation, including indigenous children, street children, orphans, children with disabilities, and former child soldiers....
“In this respect, the Committee draws the attention of the State party to its general comment No. 1 (2001) on the aims of education....
“The Committee notes with satisfaction that the revised asylum policy in place has enhanced the protection of asylum-seeker and refugee children who are unaccompanied or separated from their parents. However, the Committee is concerned that access to education and health is not fully guaranteed for refugee children. The Committee is also concerned at reports of increased violence and discrimination against refugee children, especially from Rwanda, and at the fact that Rwandan children are not integrated in the regular education system.
“The Committee recommends that the State party ensure access to health and education to all refugee children in the country....
“... the Committee is concerned at the alarming situation of [indigenous populations], in particular indigenous children, who are victims of economic exploitation, systematic violence, including rape, and systematic discrimination, in particular with respect to access to health services, education and birth registration....
“The Committee recommends that the State party: ...
d) take affirmative measures to ensure that indigenous children gain de facto enjoyment of their rights, in particular in the area of health and education; and
e) take due account of the recommendations adopted by the Committee following its day of general discussion on the rights of indigenous children held in September 2003.”
(January 2009, CRC/C/COD/CO/2 Unedited version, Concluding observations on second report, paras. 28, 52, 65, 66 and 75)
“The Committee notes with interest the measures taken to eliminate the disparity between education of girls and of boys, in particular through the acceleration strategy for education of girls (2003-2007). The Committee is nevertheless deeply concerned that certain groups of children face discrimination and marginalization, including children with disabilities .... The Committee also expresses its concern at the persisting societal discrimination against girls.
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: ...
e) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
f) consider signing and ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee recognizes the Constitutional provision for free public primary education but notes with concern that, in reality, schooling costs remain relatively high. The Committee welcomes the ‘Initiative 25 pour 2005’, which aims to ensure gender parity in schools. However, the Committee notes with concern that, despite governmental efforts, school enrollment rates in primary and secondary schools are low, particularly for girls, children living in rural areas and children from vulnerable groups....
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education: ...
c) continue its efforts to reduce gender disparities in access to and full enjoyment of the right to education; ...
g) promote early childhood education and take steps to provide access to such education for children in all regions....
“The Committee urges the State party, taking into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied children and separated children outside their country of origin, to continue and strengthen its efforts in order to ensure that all refugees and displaced persons, particularly children, are provided with adequate and appropriate assistance, including food, medical and psychological care and access to education....”
Democratic People’s Republic of Korea
(23 October 2017, CRC/C/PRK/5, Concluding observations on the fifth periodic report, Paras. 15, 36, 45, 46, 50 and 55) - 76th session
“The Committee recalls it previous concluding observations (CRC/C/PRK/CO/4, para. 20) and recommends that the State party strengthen its efforts to monitor the implementation of the legal provisions against discrimination, in particular article 65 of the Constitution and article 3 of the Act on the Protection of the Rights of the Child, in compliance with article 2 of the Convention. The Committee also recommends that the State party:
(a) Take prompt measures to end discrimination against children based on the social status or political views of their parents;
(b) Make information regularly available on the implementation of anti-discrimination laws, particularly regarding girls, children in rural and remote areas, children of non-nationals and children with disabilities.”
“The Committee welcomes the State party’s ratification of the Convention on the Rights of Persons with Disabilities, its amendment in November 2013 of the Act on the Protection of Persons with Disabilities and the measures taken to promote the education and health, including through sports, of children with disabilities. With reference to its general comment No. 9 (2006) on the rights of children with disabilities, and Sustainable Development Goals 4 and 11, the Committee recommends that the State party strengthen the measures taken and:
(a) Adopt a human rights-based approach to disability and set up a comprehensive strategy for the inclusion of children with disabilities;
(b) Take account of all children under the age of 18, including those under the age of 5, in the collection of disaggregated data on children with disabilities, and develop an efficient system for diagnosing disability, with a view to putting in place appropriate policies and programmes for children with disabilities;
(c) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is progressively prioritized over the placement of children in specialized institutions and classes, including for children with hearing and visual impairments;
(d) Train and assign specialized teachers and professionals in inclusive classes providing individual support for children’s learning requirements;
(e) Review the nine-year curriculum for children with disabilities to align it with the 12-year mandatory system;
(f) Provide support to parents and families of children with disabilities to enable them to adequately care for these children”
“The Committee notes the adoption of the Act on General Secondary Education, in 2011, the Ordinance on the Enforcement of Universal 12-year Compulsory Education, in 2012, and the Education Strategy (2015-2032), in 2014. The Committee, however, remains seriously concerned about consistent reports of:
(a) Children continuing to spend a considerable amount of the time allocated to education on performing different types of labour, including agriculture and construction projects that sometimes involve massive mobilization for periods of one month at a time, and cases of students spending their afternoons performing tasks for teachers, such as working in fields and transporting firewood;
(b) Discrimination against students based on their social status and their parents’ political views, which defines the schools and type of education to which children have access and the treatment they receive from teachers;
(c) The burden faced by children being required to pay informal school fees either by contributing materials or money, which is especially difficult for children from economically deprived families who miss school when they are unable to comply with these demands;
(d) Children being victims of verbal and physical punishment and discrimination by teachers when they are unable to achieve an “economic assignment” or to participate in a mass mobilization;
(e) The number of children who do not attend school because of economic difficulties or because their parents are sick;
(f) The continuing limited resources allocated to maintaining and investing in school infrastructure and teaching and learning materials, particularly outside the capital.”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of Sustainable Development Goal 4, the Committee urges the State party to:
(a) Ensure that children are not required to perform labour tasks that interfere with their learning, their rights to rest and leisure and their physical and mental well-being;
(b) Take prompt measures to end discrimination against children based on their social status or their parents’ political views in terms of access to schools, type of education and treatment by educational staff;
(c) Take prompt measures to effectively ban schools from requesting contributions in the form of fees, food and materials;
(d) Promptly strengthen monitoring systems in schools to ensure that teachers do not ill-treat or punish students, implement in practice the ban on corporal punishment, and investigate and discipline school staff who fail to respect the child’s right to physical and mental integrity;
(e) Prevent children from dropping out of school due to economic difficulties;
(f) Promote gender equality between girls and boys at all levels of the education system, including the freedom for girls and boys to choose their courses based on their interests;
(g) Take the measures necessary to continuously invest in the quality and infrastructure of education, with particular emphasis on rural and remote areas;
(h) Take measures to promote child-friendly schools, based on the principles of creating healthy and protective environments for learning, inclusiveness and gender-sensitivity and establishing partnerships between schools and the community, to empower children and allow them to develop in a holistic manner;
(i) Make information on learning outcomes at all levels of education available regularly;
(j) Seek technical cooperation from, among others, UNICEF and the United Nations Educational, Scientific and Cultural Organization (UNESCO) in the implementation of these recommendations.”
“The Committee recommends that the State party develop a national plan of action for human rights education, as recommended in the framework of the World Programme for Human Rights Education, and incorporate human rights and children’s rights into the school curriculum at all levels.”
“Recalling its previous concluding observations (CRC/C/PRK/CO/4, para. 61), and with reference to target 8.7 of the Sustainable Development Goals, the Committee urges the State party to:
(b) Take prompt measures to ensure that children are not requested to perform “economic assignments” as part of their education and ensure that all children are treated equally in this regard, independently of their economic situation;
(d) Ban the practice of assigning children under the age of 18 to dolgyeokdae and provide all children with equal opportunities to further their education;”
(1 July 2004, CRC/C/15/Add.239, Concluding observations on second report, paras. 48, 49 and 55)
“The Committee notes with appreciation the new legislation enacted in 2003 to protect the rights of disabled persons and the active work undertaken since 1998 by the Korean Association for Supporting the Disabled, including its first survey. It remains nevertheless concerned at the very poor living conditions of the disabled, their lack of integration in schools and society at large, the lack of recovery measures, and at prevailing discriminatory attitudes toward them in society.
“In line with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69), it is recommended that the State party:
a) establish a comprehensive and inclusive policy for children with disabilities; ...
d) establish special education programmes for disabled children and integrate them in the regular school system to the extent possible; ...
f) increase resources, both financial and human, for special education, including vocational training, and the support given to families of children with disabilities;
(g) Seek technical cooperation from, among others, UNICEF and WHO for the training of professional staff, including teachers working with children with disabilities.
“The Committee welcomes the recent efforts of the State party to increase the quality of its education system and encourages that these efforts be pursued. It also recommends that the State party: ...
b) ensure that female pupils have the same opportunities as male pupils to access higher education;
c) sensitize the general public and children in particular to ensure that traditional gender stereotypes do not dictate the subjects studied by male and female pupils....”
Denmark
(26 October 2017, CRC/C/DNK/5, Concluding observations on the fifth periodic report, paras. 12, 22, 28, 29, 36, 37, 39 and 40) - 76th session
“While noting that discrimination is generally prohibited by law, the Committee recommends that the State party:
(a) Ensure that all children, including those attending boarding schools, or foreign children attending a temporary educational facility, have access to the standard educational system in accordance with the Act on Public Schools;
(b) In view of discrimination based on disability or sexual orientation being prohibited solely in relation to employment, adopt specific anti-discrimination legislation explicitly prohibiting discrimination in all areas against children with disabilities and lesbian, gay, bisexual, transgender and intersex children;
(c) Continue taking awareness-raising measures to combat all forms of discrimination against children from ethnic minorities, asylum-seeking, refugee or Roma children, children with disabilities, and lesbian, gay, bisexual, transgender or intersex children.”
“In view of the results of a European Union-wide survey in 2014, according to which 46 per cent of women in Denmark had experienced some form of physical, sexual or psychological violence before the age of 15, and with reference to general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and target 5.2 of the Sustainable Development Goals on eliminating violence against all women and girls, including sexual and other types of exploitation, the Committee recommends that the State party:
(a) Take adequate awareness-raising measures, in cooperation with the media and the education sector, targeted at the public at large to promote positive, non-violent behaviour and to dismantle all notions about the inferiority of women and girls;
(b) Introduce mandatory elements at all levels of the school curriculum on the unacceptability of violence against women and girls.”
“Children with disabilities
The Committee notes with concern that:
(a) Forced treatment and the use of restraint by staff in institutions remains legal under the State party’s legislation;
(b) Current austerity measures have led to a relative reduction in support for disability-related extra costs, which may also have an impact on children with disabilities;
(c) Education is insufficiently inclusive, and the proportions of children with disabilities in primary school who take their final exams and those attending upper secondary education are significantly below the corresponding figures for children without disabilities;
(d) Public facilities, including schools, are not always fully accessible;
(e) Certain groups of deaf persons, in particular children born deaf who have cochlear implants, are reportedly prevented from learning and communicating in Danish sign language, as recently noted with concern by the Committee on the Rights of Persons with Disabilities (see CRPD/C/DNK/CO/1, para. 44).”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Ensure that children with disabilities, including those with psychosocial and/or intellectual disabilities, are not, under any circumstances, forcibly hospitalized or institutionalized, but provided with assistance in a community care environment, and ensure that until this aim is achieved, those children who reside in an institution or psychiatric hospital are not, under any circumstances, subjected to excessive restraint;
(b) Commit to not making any further cuts to the budget that might infringe the rights of children with disabilities;
(c) Further increase comprehensive measures to develop inclusive education, prioritize inclusive education over the placement of children in specialized institutions and classes, and train and assign specialized teachers accordingly in integrated classes providing individual support and all due attention to children with learning difficulties, with a view to increasing the number of children with disabilities graduating from school to the same level as that of their peers without disability;
(d) Further increase the accessibility of public facilities, including schools;
(e) In line with the recommendation by the Committee on the Rights of Persons with Disabilities (see CRPD/C/DNK/CO/1, para. 45), recognize the right of all deaf children to have the possibility to learn and communicate in Danish sign language, regardless of the medical treatments that they have undergone;
(f) Speedily adopt the guidelines for the prevention and detection of violence and sexual abuse against children and young people with and without disabilities that are currently being developed.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee recommends that the State party:
(a) Ensure that children placed in alternative care have regular and adequate access to education at the same level as their peers who are not in alternative care;
(b) Significantly increase the number of qualified teachers in small towns and settlements in Greenland;
(c) Provide specific training to teachers to increase the support provided to children with Danish as a second language;
(d) In accordance with the recommendations by the Committee on the Elimination of Discrimination against Women (see CEDAW/C/DNK/CO/8, para. 28 (a)), intensify its efforts aimed at diversifying academic and vocational choices for women and men and girls and boys.”
“While noting that human rights education in primary and secondary school was strengthened following the school reform in 2014, the Committee draws the State party’s attention to the World Programme for Human Rights Education, and recommends that the State party further step up its efforts to increase human rights education at all levels of education in all types of schools and also strengthen teacher training in this regard and refrain from adopting the proposed amendments to the “common goals” (Fælles Mål), which would shift human rights education from being a binding learning goal to being a guiding one. It also recommends that the State party introduce mandatory elements on the Convention into school curricula at all levels of education.”
“The Committee welcomes the State party’s integration efforts with regards to refugee children and their families, and notes the challenges connected to the high number of children who have arrived in the State party and the number of asylum applications granted. It notes with serious concern, however, that:
(a) Asylum-seeking families with children may, under certain circumstances, be detained awaiting deportation;
(b) Efforts to identify children in vulnerable situations whose life and safety, if deported, may be in peril are insufficient;
(c) Despite the recent granting by the Refugee Appeals Board of refugee status based on the risk of female genital mutilation in two cases, which the Committee notes with appreciation, safeguards to identify girls who are at such a risk are insufficient;
(d) The best interests of the child are not adequately assessed and taken into account in immigration cases;
(e) Accompanied children are currently not heard in the context of the asylum procedure;
(f) Children aged 15 or older do not have an automatic right to family reunification and thus their parents would not benefit from international protection in the State party, and the right to family reunification is also postponed for three years for those benefiting from temporary subsidiary protection;
(g) Children and pregnant women who are not registered with the immigration authorities only have very limited access to health care other than emergency services;
(h) Children whose asylum claims have been rejected do not enjoy the same social protection as children legally residing in the State party.”
“The Committee urges the State party to:
(a) Refrain from placing asylum-seeking children and their families awaiting deportation in detention;
(b) Put into place mechanisms to monitor the situation of vulnerable individuals and groups in receiving countries after their deportation, even in cases in which their return was voluntary, and act upon reports of torture and ill-treatment, including for the purpose of informing its asylum policies;
(c) Take specific measures and train law enforcement personnel, social workers and immigration personnel on the identification of victims or girls at risk of female genital mutilation in order to ensure that they are not, under any circumstances, subjected to refoulement, and also establish complaint mechanisms, including at airports, for girls who fear becoming victims of female genital mutilation;
(d) Ensure that the best interests of the child are a primary consideration in all decisions and agreements in immigration cases;
(e) Introduce interviews for accompanied children in the context of the asylum procedure;
(f) Take all necessary measures to guarantee the principle of family unity for children in need of international protection by, inter alia, increasing the age limit for children entitled to family reunification from 15 to 18 years, repealing the provision in the Alien Act according to which persons with temporary protection status cannot benefit from family reunification within the first three years, and providing effective access to embassies and consulates;
(g) Increase capacities and the number of personnel specialized in topics affecting children with mental health issues to ensure that asylum-seeking and refugee children are afforded full and adequate support and treatment to address the traumas and other mental health issues that they may be experiencing;
(h) Provide full access to health care beyond emergency care for unregistered children and unregistered pregnant women;
(i) Ensure equal access to social protection by children whose asylum claims have been rejected.”
(7 April 2011, CRC/C/DNK/CO/4, Concluding observations: Denmark, paras. 45 and 46)
“While noting the efforts undertaken by the State party to improve the fulfilment of the rights of children with disabilities [...] With respect to education, the Committee notes with appreciation the analysis undertaken by the State party and shares its concern as to the high number of children with disabilities receiving education in segregated contexts. It also notes with appreciation the recent changes to the teacher training syllabus to include a mandatory module on special needs education, while it remains concerned that the educational achievements of children with disabilities are markedly low in comparison to other children. The Committee is concerned that in general, in schools as well as in care institutions and foster-family settings, the views of the child with disabilities are not often heard, including during supervisory visits.
“The Committee strongly recommends that the State party…
… (b) T ake steps, in accordance with article 12 of the Convention and article 7 , paragraph 3 , of the Convention on the Rights of Persons with Disabilities, to amend legislation to ensure that children and young people in all settings, including mental health settings, are guaranteed the right and opportunity to freely express their views on matters of treatment, services and support, and that they have access to age- and disability-appropriate support to exercise these rights;
(c) Provide, where necessary, alternative communications facilities for children with disabilities;
(d) Further strengthen its measures to provide adequate training to all teachers on the needs of children with disabilities with a view to ensuring that the quality of education received by such children is of an equal level to that of all children;
(e) Expeditiously implement its planned transition of children with disabilities into elementary schools, and in doing so take into account the Committee’s general comment No. 9 ( 2006 ) on the rights of children with disabilities.”
(23 November 2005, CRC/C/DNK/CO/3, Concluding observations on third report, paras. 39, 48 and 49)
“The Committee recommends that the State party take all necessary measures to: ...
b) ensure that equal accesses to services is provided to children with disabilities, taking into consideration the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96); and
c) provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within the regular schools.
“The Committee welcomes various measures undertaken by the State party, including the Working Group on Improved Integration and the campaign “All young people are needed”, which aim to ensure that all young people, irrespective of their ethnic background, enjoy equal opportunities in the Danish education system.
“The Committee recommends that the State party:
a) take the necessary measures to ensure that all children have access to primary and secondary education to all children; and
b) strengthen efforts to bridge the racial disparity in education, giving special attention to promoting the education of ethnic minorities.”
Djibouti
(3 October 2008, CRC/C/DJI/CO/2 Unedited version, Concluding observations on second
“The Committee welcomes efforts to ensure that all children have access to education, health and other social services, in particular, through the construction of schools and health centres in rural localities, awareness-raising campaigns for equal access to schools of girls, and the repeal of provisions reserving school for children born of Djiboutian parents. Nevertheless, the Committee regrets that disparities remain, in particular with regard to children belonging to vulnerable groups, including children living on the streets, migrant children, refugee children and children with disabilities.
“The Committee reiterates its previous recommendation (CRC/C/15/Add.131, paragraph 28) that the State party continue and strengthen its efforts to ensure full implementation of the principle of non-discrimination and full compliance with article 2 of the Convention and that it take measures to address instances of discrimination that impact on equal access of all children to education, health and other social services....
“The Committee notes with appreciation the draft law relating to the social inclusion of persons with disabilities and the integration in the Educational Plan of Action 2006-2008 of measures in support of the refurbishing of academic establishments that is more appropriate for persons with disabilities....
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party:
a) take all necessary measures to ensure the implementation of legislation relating to the rights of children with disabilities and consider adopting specific legislation on the issue;
b) make every effort to provide community-based programmes and services, in particular specialized services, for all children with disabilities and ensure that such services receive adequate human and financial resources, with a particular focus on the right to education of children with disabilities;...
d) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
e) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee ... expresses its concern that, with increasing age, the majority of children do not go to school and gender disparities, reflecting societal attitudes and poverty, remain a concern. The Committee is also concerned about regional disparities.
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education:
a) ensure that schools covering the years of compulsory education (primary and middle school) are accessible to all children; ...
c) continue efforts to diminish regional and socio-cultural disparities in the full enjoyment of the right to education at all levels of the educational system, particularly those related to gender;
i) expand vocational education and training in regular schools and in special training centres, including for children who have dropped out of school.
“... The Committee is concerned that no systematic measures are undertaken by the State party to ensure that refugee children have access to healthcare, education and other services.
“The Committee recommends that the State party take all measures to ensure the protection of the rights of refugee children both inside and outside refugee camps and their access to social services, particularly health and education services....”
Dominica
(30 June 2004, CRC/C/15/Add.238, Concluding observations on initial report, paras. 36, 37, 42, 43 and 49)
“The Committee is concerned about children with disabilities who often suffer from societal discrimination, and that a significant proportion of them do not attend school or participate in social and cultural life.
“The Committee recommends that the State party: ...
b) formulate a strategy that includes appropriate teacher training, to ensure that all children with disabilities have access to education and, wherever possible, that they are integrated into the mainstream education system;
c) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee's recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339).
“... the Committee is deeply concerned about the quality of education, access to education by pregnant girls and teenage mothers and the high drop-out rate, in particular among boys.
“The Committee recommends that the State party, in the light of the Committee's General Comment No. 1 (2001) on the aims of education: ...
b) seek to implement further participatory measures to encourage children, especially boys, to stay in school during the period of compulsory education; take further measures to facilitate the access to education of children from all groups in society, particularly children living in poverty; ...
d) provide education opportunities for pregnant girls and teenagers mothers so that they can complete their education....
“The Committee acknowledges the various measures undertaken with regard to the Carib Indian children. However, the Committee is concerned about the limited enjoyment of their rights; particularly with regard to their access to education and health owing to widespread poverty.”
Dominican Republic
(6th March 2015, CRC/C/DOM/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 47, 48, 57, 58, 67 and 68) - 68th Session
“While welcoming the adoption of Act No. 5-13 on Disabilities, the Committee is concerned about:
(a) Reports that, in 2013, only 52 per cent of schools received students with disabilities, of which around 60 per cent had no specialized staff, strategies or resources to implement inclusive education;
(b) Lack of access for children with disabilities to adequate health care, to public spaces because of architectural barriers, and to adequate spaces for recreation and participation;
(c) Lack of support to families with children with disabilities living in poverty;
(d) Insufficient information on the functioning, services, results and sustainability of the Centres of Care for Children with Disabilities.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Ensure that inclusive education is given priority over education in specialized institutions;
(b) Ensure the availability and accessibility of specialized health-care services, buildings and spaces for recreation, and participation for children with disabilities, including by allocating adequate resources;
(c) Guarantee social-protection programmes, including subsidies for families with children with disabilities living in poverty, and free access to treatment and rehabilitation programmes;
(d) Take measures to ensure coordination among relevant entities at the national and local levels, in particular between CONANI and the National Council on Disability;
(e) Strengthen administrative remedies for children with disabilities whose rights have been violated and facilitate their access to justice, including by providing free legal aid;
(f) Organize awareness-raising campaigns aimed at the Government, the general public and families to combat stigmatization of and prejudice towards children with disabilities and to promote a positive image of children and adults with disabilities.”
“The Committee notes the adoption of the Ten-Year Education Plan 2008-2018 and the increase in educational coverage, in particular in regard to primary education. It is, however concerned about:
(a) Children who lack a birth certificate and children of Haitian descent who lack official documentation not being allowed to take the national examinations required to graduate from primary and secondary education;
(b) Challenges in ensuring the permanence and completion of primary education, and information that in 2012 only 19.5 per cent of girls and 15.4 per cent of boys completed their secondary education;
(c) The low quality of education, owing to, for instance, the weak institutional capacity to implement relevant laws and policies effectively;
(d) The inadequate training of teachers and the lack of adequate supervision of teachers;
(e) The insufficient educational infrastructure and resources, in particular in marginalized urban and rural areas;
(f) The high number of dropouts among pregnant girls and adolescent mothers, and reports of them being expelled from school or forced to change shifts because of being pregnant;
(g) Reports that the majority of children aged 3 and 4 do not have access to early educational programmes;
(h) Educational programmes not sufficiently addressing human rights and gender equality.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure equal access to education at all levels, regardless of nationality and status of documentation, in line with international obligations, in particular for children of Haitian descent and children lacking a birth certificate, and allow them to take the examinations required to graduate from primary and secondary education;
(b) Improve the availability, accessibility and quality of education for all children, including by adopting high educational quality standards, completing the curriculum review, ensuring adequate infrastructure, providing a fair recruitment process and high-quality training for teachers and allocating adequate resources;
(c) Strengthen the institutional capacity to manage, coordinate and supervise the educational system;
(d) Strengthen measures to address school dropout and increase the completion of secondary education;
(e) Ensure that pregnant teenagers and adolescent mothers receive support for continuing their education and are not expelled from schools or forced to change shifts;
(f) Ensure the effective implementation of the Early Childhood Development Plan with a view to facilitating access to preschool education for all children, including children living in poverty;
(g) Include comprehensive educational programmes on human rights, gender equality and peace in the mandatory curricula.”
“While noting the adoption of the guidelines on the protection of children in street situations (2007-2012) and the related projects, the Committee is concerned about their insufficient implementation and the lack of a comprehensive strategy to respond to the needs of these children. It is also concerned about the lack of information on the scope of the phenomenon.”
“The Committee reiterates its recommendation (CRC/C/DOM/CO/2, para. 83) and recommends that the State party:
(a) Conduct a study on the scope of the phenomenon of children in street situations, which would serve as a basis for developing targeted programmes;
(b) Evaluate the results of the guidelines on comprehensive protection for children in street situations and ensure that they are implemented effectively by including adequate resources and a monitoring mechanism under CONANI;
(c) Take measures to ensure that children in street situations are protected from discrimination and violence and have access to care, education and reintegration programmes, including by financially supporting relevant non-governmental organizations.”
(1 February 2008, CRC/C/DOM/CO/2 Unedited version, Concluding observations on second report, paras. 27, 29, 58, 59, 70, 71, 72 and 73)
“The Committee ... is seriously concerned that children of Haitian immigrants and Haitian descendants have restricted access to education, health and social services to which all children on the territory of the Dominican Republic are equally entitled according to the Convention....
“The Committee also requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to provide special protection to vulnerable groups and to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account general comment No. 1 (2001) on the aims of education and general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child.
“The Committee notes ... the programmes and initiatives for children with disabilities, including the funding of special education centres for children with disabilities which have led to relatively high attendance rates in some provinces, but is concerned that services in other provinces, inter alia San Juan de la Maguana and San Jose de Ocoa, are scarcely only available, Furthermore, the Committee is concerned that the capacities of many children with disabilities are not promoted in an appropriate way and that these children are not included in the regular educational system to the extent possible....
“The Committee recommends that the State party, take into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and
a) ensure the implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993;
b) strengthen efforts to ensure the right to education of children with disabilities to the maximum extent possible everywhere in the Dominican Republic....
“The Committee recommends that the State party ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol, both signed on 30 March 2007.
“The Committee welcomes the clear improvements that have taken place in the area of education but is concerned that not all children are enrolled in primary school, in particular children of the migrant population and children living in remote areas.... The Committee also regrets the low secondary school enrolment and is concerned about the lower enrolment of boys compared to girls at this school level and the early termination of school attendance by pregnant girls who are not encouraged to continue education....
“The Committee recommends that the State party: ...
b) strengthen efforts to enrol all children in school, including children of the migrant population and children in remote areas and to reduce dropout rates in order to ensure the right to education for all children living on the territory of the Dominican Republic;
c) places increased emphasis on boys completing their secondary education and encourage the high number of girls leaving the educational system due to pregnancy to complete their education.
“The Committee notes that children are allowed to enrol in primary school up to sixth grade without having to show birth certificates but is seriously concern at information that this welcomed regulation often still has discriminatory effect on children of Haitian or of mixed parenthood....
“The Committee recommends that the State party
a) expand its year of ‘initial education’ to all children living in the Dominican Republic, including migrant children and children in remote areas;
b) guarantee the enrolment in schools on all levels to children who cannot present a birth certificate and make sure they are not discriminated in practice.”
E
Ecuador
- (26 October 2017, CRC/C/ECU/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 16, 26, 27, 32, 37, 40) - 76th session
- (29 January 2010, CRC/C/EDU/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 56, 57, 64, 65, 66, 67, 82 and 83)
- (13 September 2005, CRC/C/15/Add.262, Concluding observations on second/third report, paras. 49, 50, 59, 60, 64, 73 and 74)
(26 October 2017, CRC/C/ECU/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 16, 26, 27, 32, 37, 40) - 76th session
“The Committee recommends that the State party ensure full protection against discrimination on all grounds and in coordination with a wide range of stakeholders, including girls, and:
(a) Adopt strategies, including affirmative action programmes, to address disparities in access to education, health services and a minimum standard of living by children belonging to indigenous peoples and nationalities, Montubio, Afro-Ecuadorian children, children with disabilities and children of families living in poverty, with measurable outcomes and goals to be met in the short and long term;
(b) Design and implement a strategy with a clear definition of targets and a monitoring mechanism aimed at eliminating patriarchal attitudes and gender stereotypes that discriminate against girls in all areas of life, paying special attention to education. In the context of such strategy, the State party should adopt measures to combat prejudices and de facto discrimination against pregnant girls and adolescent mothers;
(c) Adopt a strategy, specific legal provisions and clear guidelines for public authorities aimed at upholding non-discrimination against children on any grounds and combating stigma against children of single-parent families, children born to persons deprived of their liberty, children in families composed of same-sex couples and lesbian, bisexual, gay, transgender and intersex children;
(d) Ensure that all cases of discrimination against children are addressed effectively, including by disseminating information in accessible formats about what constitutes discrimination, and establishing disciplinary, administrative or, if necessary, penal sanctions, and that children can access psychosocial and legal counselling in cases of discrimination;
(e) Monitor strategies and measures to combat discrimination and include an assessment of the results achieved in its next report.”
“While noting the information about the National Plan for the Eradication of Sexual Offences (2011) and the “zero tolerance” approach to sexual violence in schools, the Committee is extremely concerned about the prevalence of gender-based violence, in particular sexual violence, harassment and abuse against girls in all areas, as well as about the high level of impunity in cases of sexual violence.”
“The Committee draws attention to target 5.2 of the Sustainable Development Goals to eliminate all forms of violence against women and girls in the public and private sphere, including sexual and other types of exploitation, and urges the State party to:
(a) Adopt a nationwide strategy to eliminate sexual violence against girls at home, including in urban and rural areas, and in the education system without delay and ensure that girls have access to effective complaint mechanisms about sexual violence and to information about their sexual and reproductive rights;
(b) Introduce compulsory screening processes and background checks of all professionals and staff working with and for children in public and private schools and redouble its efforts to provide compulsory training and capacity-building activities about children’s rights and gender equality among families, parents, caregivers and teachers;
(c) Expedite judicial proceedings against alleged perpetrators of sexual violence against girls and ex officio investigations, as agreed by the Ministry of Education and the Office of the Attorney General concerning sexual violence in school settings, and gather disaggregated data by age, geographic area and national origin and/or ethnic status;
(d) Adopt clear standards for the provision of remedies and redress for girl victims of sexual violence and abuse, including psychosocial redress and counselling, reparations, compensations and guarantees of non-repetition.”
“While welcoming the measures taken by the State party, including the Joaquín Gallegos Lara grant, the Committee recommends that the State party:
(a) Adopt a comprehensive, child-rights and participatory approach for the realization of the rights of children with disabilities and ensure that all policies concerning children apply the human rights model of disability;
(b) Strengthen efforts to combat marginalization and discrimination against children with disabilities in their access to health, education, support and protection services;
(c) Set up a comprehensive strategy to ensure that all children with disabilities access the mainstream inclusive education system and develop guidelines aimed at providing reasonable accommodation and appropriate support for children with disabilities in education and in the development of inclusive education environments, teaching tools and teaching methodologies.”
“Taking note of target 4.a of the Sustainable Development Goals to build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all, the Committee recommends that the State party:
(a) Adopt affirmative action policies and programmes aimed at ensuring enrolment in education and preventing the dropout of children belonging to indigenous peoples and nationalities, Montubio, Afro-Ecuadorian, migrant, asylum-seeking and refugee children;
(b) Ensure appropriate human, technical and financial resources for programmes aimed at enrolling children in school, safe and regular transportation for children in rural areas, school meals and appropriate settings for leisure and recreation in schools;
(c) Develop a strategy aimed at combating discrimination and xenophobia in schools, in particular against migrant, refugee and asylum-seeking children;
(d) Undertake public consultations with children’s organizations and civil society organizations with the aim of assessing the implementation of the Millennium Schools and identifying remaining challenges to the provision of intercultural education and barriers to accessing schools.”
“While welcoming the measures taken by the State party, such as the participatory process for the development of the Agenda for Indigenous Children, the Committee is concerned about:
(a) The negative impacts of the extractive mega-projects and activities in indigenous areas, including violence against indigenous children in the context of law enforcement activities;
(b) The low quality of intercultural bilingual education;
(c) The insufficient system of data collection concerning the situation of Afro-Ecuadorian and Montubio children.”
(29 January 2010, CRC/C/EDU/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 56, 57, 64, 65, 66, 67, 82 and 83)
“While welcoming that the Constitution (articles 50 and 53) guarantees full social integration and equal opportunities for children with disabilities, as well as the Ecuador without Barriers Programme (Programa Ecuador sin Barreras), and that children with disabilities have been included in mainstream education, the Committee is concerned at the lack of support provided to the families and at the high cost for the family of treating children with disabilities.
“In light of art. 23 of the Convention, the Committee’s general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the Convention on the Rights of Persons with Disabilities, the Committee recommends that the State party take all necessary measures to protect and promote the rights of children with disabilities, including access to education....
“The Committee ... is however concerned at the still high dropout rates, especially of indigenous girls.... It also notes with concern that the low completion rate in secondary education, especially among indigenous children and pregnant girls, point to the inadequate quality of education. The Committee is further concerned that children of irregular migrant workers do not have access to the educational system.
“The Committee recommends that the State party:
a) improve the quality of education and take all measures to ensure that children complete primary and secondary school by addressing the reasons behind non-completion of schooling. In doing so, ensure that the Millennium Educational Units are the centre of a network aiming at reforming all schools at district level rather than diverting resources from the application of mainstream education....
b) address disparities more effectively by allocating specific budget and long-term support targeting the most deprived children, namely indigenous children and girls in rural areas, paying attention to alternative informal education and ensuring vocational training leading both to employment and/or to further technical education; ...
f) provide access to school for all children, irrespective of their legal status in the State party, paying special attention to the children of migrants and to migrant unaccompanied children; ...
h) take into account the Committee’s general comment No. 1 (2001) on the aims of education (CRC/GC/2001/1).
“While welcoming the new Constitutional recognition of the right to asylum and the rights of refugees, in line with international human rights instruments, the Committee is concerned at the situation of asylum-seeking and refugee children in the State party, inter alia, their inadequate access to education, despite legislation explicitly guaranteeing the access of refugee children to the national education system....
“The Committee recommends that the State party adopt legislative or other measures to protect asylum-seeking and refugee children, in particular those who are unaccompanied or separated. In this respect it should take into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6). It further recommends ensuring that asylum-seeking and refugee children have an adequate standard of living, including water and food, as well as access to health care services and schools without discrimination.
“The Committee welcomes the constitutional definition of Ecuador as a plurinational and intercultural State as well as the participatory process and framework of understanding that has produced the Agreement between the State and Indigenous Peoples and Nationalities for Children as well as the Plan for Good Living from the Beginning of Life, which encompasses the Minimum Agenda for Indigenous Children of Ecuador. It also welcomes current efforts to define and implement local goals for protection and promotion of indigenous children’s rights in 54 cantons. Nevertheless, and in line with Art. 30 of the Convention and having noted the serious breaches to the principle of non-discrimination as they affect indigenous children and girls of all ethnic origins, it remains concerned at the insufficient application of the intercultural bilingual education system and the low budgetary allocation per capita to the educational system in provinces with majority indigenous population, and the lack of information on its evaluation....
“The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children, respect their culture and guarantee their enjoyment of the rights enshrined in the national constitution, domestic law and in the Convention.... The Committee encourages the State party to continue strengthening the intercultural and bilingual education, paying due attention to the culture of indigenous children in accordance with article 30 of the Convention.”
(13 September 2005, CRC/C/15/Add.262, Concluding observations on second/third report, paras. 49, 50, 59, 60, 64, 73 and 74)
“While welcoming the establishment of the Consejo nacional de discapacidades, the Committee remains concerned at the lack of comprehensive data on the number of children with disabilities in the State party. It also notes with concern that these children face various forms of discrimination and that a high number of children with disabilities do not attend any form of educational institution, in particular in rural and remote areas.
“The Committee recommends that the State party: ...
c) in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion in society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities.
“The Committee acknowledges the remarkable improvement made in the field of education, including the forthcoming implementation of bilingual education. ... However, the Committee is concerned at the low level of government investment in education, the poor equipment for schools, the limited access to educational facilities for street children and the regional disparities in the full enjoyment of the right to education.
“The Committee recommends that the State party: ...
b) increase enrolment in primary and secondary education, reducing socio-economic, ethnic and regional disparities in the access and full enjoyment of the right to education....
“The Committee recommends ... that the State party strengthen its efforts to secure full access of all refugee and asylum-seeking children to education, health and other services....
“The Committee takes note of the various measures undertaken by the State party with regard to indigenous children, including the implementation of the bilingual intercultural education system. However, the Committee remains concerned about the limited enjoyment of rights by indigenous children, particularly with regard to access to education and health due to widespread poverty....
“The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. In this regard, the Committee refers the State party to its recommendations adopted following its day of general discussion on the rights of indigenous children at its thirty-fourth session in 2003....”
Egypt
(15 July 2011, CRC/C/EGY/CO/3-4, Concluding observations: Egypt, paras. 60 and 74)
“The Committee welcomes the strengthening of legal protection for children with disabilities pursuant to the Child Law (2008) [...] The Committee is concerned at the extremely low number of children with disabilities (4 per cent) who access services provided by the State. It finds particularly worrisome that rehabilitation services and the general health insurance do not cover children with disabilities who are outside the education system, affecting especially children with mental, severe and multiple disabilities. Despite efforts of the State party to establish community-based services, the number of villages providing such services through health centres remains very low.While noting the integration of inclusive education as a key component of the national plan for educational reform, the Committee is concerned at the limited number of schools in this regard and the extremely low number of children with disabilities (1,1 per cent) enjoying their rights to education compared to other children.
“The Committee urges the State party to:
… (b) Adopt a national strategy on the rights of persons with disabilities with special attention to children, so as to ensure respect for difference and acceptance of persons with disabilities;
(c) Strengthen the availability and accessibility of community-based educational and health services for children with disabilities, in particular by strengthening inclusive education which promotes the child’s self-reliance and active participation in the community in line with article 23, paragraph 1 of the Convention;
“The Committee welcomes institutional and programmatic initiatives by the State party to improve the enjoyment of all children of their right to education, notably the Strategic Plan for improving the quality of education…”
El Salvador
(29th November 2018, CRC/C/SLV/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 13, 33, 43, 44, 47 and 49) - 79th Session
“The Committee urges the State party to strengthen its efforts to eliminate discrimination: against girls, particularly regarding their access to education and to sexual and reproductive health services, and in relation to sexual violence, civil unions and teenage pregnancy; against boys concerning stereotypes related to criminality, violence and conflict with the law; and against indigenous children, children with disabilities and lesbian, gay, bisexual, transgender and intersex children.”
“While welcoming the measures taken by the State party regarding the health and education of and data collection on children with disabilities, the Committee, referring to its general comment No. 9 (2006) on the rights of children with disabilities, recommends that the State party adopt a human rights-based approach to disability and:
(a) Consider reviewing the Child and Adolescent Protection Act with a view to ensuring the full inclusion of children with disabilities in society;
(b) In the light of the National Policy for the Comprehensive Care of Persons with Disabilities, define objectives and time frames focused specifically on the rights of children with disabilities;
(c) Continue to invest in measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes, and inclusive education;
(d) Develop awareness-raising programmes, with the participation of children with disabilities, aimed at health and educational professionals, the public and families, to combat the stigmatization of and prejudice against children with disabilities, and to promote a positive image of those children.”
“While noting the slight increase in the education budget, the Committee remains seriously concerned about:
(a) The overwhelming impact of violence on children’s access to education, with the majority of schools situated in communities where maras are active, or in areas affected by drug circulation, the presence of weapons or extortion, and with the occurrence of sexual violence and child trafficking in schools and the high number of killings of teachers and students;
(b) The dangers faced by children on their way to school and within school;
(c) The insufficient funds allocated to education, with only 3.2 per cent of the gross domestic product allocated to education in 2018;
(d) The insufficient number of teachers and the precarious school infrastructure, with schools lacking water, electricity, adequate sanitation and access to educational resources such as libraries, computers and the Internet;
(e) The high number of dropouts in primary and, in particular, secondary schools;
(f) The lower educational attainment of teenage mothers, with pregnant girls being forced to leave education and finding it difficult to resume after giving birth, hindering their personal development;
(g) The difficulties faced by children in migration situations and internally displaced students in continuing and resuming their education.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on free, equitable and quality primary and secondary education, the Committee urges the State party to:
(a) Ensure the human, technical and financial resources necessary for the effective implementation of the national education plan and its six components, aimed at violence-free schools, quality teachers, improved early childhood care, 12 levels of schooling, and improved higher education and infrastructure, which would help to ensure children’s rights to both education and freedom from violence;
(b) Identify, with the participation of children, the causes of danger and violence on the way to school and inside school and take the measures necessary to address them, with a focus on prevention policies;
(c) Take the measures necessary to address the root causes of school absenteeism and the high number of dropouts among children aged 4 to 18 years old, as identified by the Directorate General of Statistics and Censuses in 2017;
(d) Take urgent measures to ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools and have access to support mechanisms from schools and social services;
(e) Invest in and develop flexible education measures to allow children in situations of migration or internal displacement to continue their studies with minimal disruption.”
“Taking note of target 4.2 of the Sustainable Development Goals on ensuring that all girls and boys have access to quality early childhood development, care and pre-primary education, the Committee recommends that the State party increase access to early childhood care for children under 2 years old and to preschool education for children under 6 years old.”
“With reference to its general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee recommends that the State party strengthen its measures to promote quality education for indigenous children, including intercultural and bilingual education, and to improve their standard of health and eliminate food insecurity and poverty, with the full and effective participation of indigenous children.”
“With reference to its general comment No. 21 (2017) on children in street situations, the Committee recalls its previous recommendation (CRC/C/SLV/CO/3-4, para. 79), and recommends that the State party develop, implement, monitor and evaluate a national strategy for children living and working on the streets, with the active involvement of those children and with a strong emphasis on education, preventive measures at the community level and reunification with their families, when appropriate and in the best interests of the child.”
- (29 January 2010, no ref, Advance Unedited Version, Concluding observations on third/fourth report, paras. 56, 57, 68, 69, 91 and 92)
- (30 June 2004, CRC/C/15/Add.232, Concluding observations on second report, paras. 45, 46, 57 and 58)
(29 January 2010, no ref, Advance Unedited Version, Concluding observations on third/fourth report, paras. 56, 57, 68, 69, 91 and 92)
“The Committee notes with appreciation the various initiatives taken by the National Council for Comprehensive Attention to Persons with Disabilities (Consejo Nacional de Atención Integral a las Personas con Discapacidad, CONAIPD) aimed at promoting and ensuring equal rights of children with disabilities, including the efforts to integrate children with disabilities into the regular education system....
“The Committee recommends that the State party continue the measures to protect and promote the rights of children with disabilities, by taking into account the General Comment No. 9 (2006) (CRC/C/GC/9), on the rights of children with disabilities, art. 23 of the Convention, the Convention on the Rights of Persons with Disabilities as well as the Inter-American Convention on the Elimination of All Forms of Discrimination against persons with disabilities; and: ...
c) establish concrete mechanisms to improve equal access of children with disabilities to education and health services; in this respect, inclusive education should be encouraged as much as possible; the offer of education for children with disabilities should have as priority concern the special needs of each child; ...
f) implement the provisions contained in the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee ... is concerned at: ...
d) the substantial discrepancy in the access to education between urban and rural areas as well as between girls and boys; ...
f) the high number of young girls and boys who drop out of school due to teenage pregnancy, child labour or reasons related to economic migration.
“The Committee recommends that the State Party: ...
d) increase access and quality of secondary education as a fundamental safeguard to guarantee equal opportunities and prevent recruitment in youth gangs;
e) provide more accurate data on access to education, especially with gender, age and geographic indicators;
f) ratify the UNESCO Convention against Discrimination in Education of 1960.
“The Committee remains concerned at ... the lack of sufficient opportunities for the expression of indigenous culture and practices, including intercultural and bilingual education, as well as at the daily life discrimination to which indigenous people and their children are subjected.
“The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention, including the right to intercultural and bilingual education, in accordance with article 30 of the Convention. To this end, the State party should take into account, inter alia, the General Comment No. 11 on Indigenous Children and their rights under the Convention (February 2009), as well as the recommendations contained in the outcome document of the Durban Review Conference (April 2009).”
(30 June 2004, CRC/C/15/Add.232, Concluding observations on second report, paras. 45, 46, 57 and 58)
“... despite the adoption of policies for the accessibility of education to children with special educational needs, the Committee notes with concern that a high number of children with disabilities do not attend any form of school education, especially in rural areas.
“The Committee recommends that the State party take all necessary measures: ...
c) to ensure and monitor implementation of the Equality of Opportunity Act and Policy and to take into consideration the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96);
d) to provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within regular schools.
“The Committee ... is concerned at persisting gaps in coverage and quality of education between urban and rural areas; high drop-out rates, particularly among rural children; persistent high illiteracy rates among children in rural areas, particularly among girls; and the lack of additional funds allocated for education to address the needs that were previously met by voluntary fees. The Committee is also concerned that pregnant adolescents face discrimination in access to education....
“The Committee encourages the State party: ...
b) to strengthen efforts to bridge the gaps in coverage and quality of education, including vocational training, throughout the country, giving special attention to promoting education of rural girls;
c) to take measures to identify the causes of the high drop-out rate in primary schools, particularly in rural areas, and take steps to address the situation; ...
e) to ensure that pregnant adolescents are not prevented from continuing their schooling; ...
h) to take steps to increase the quality of teaching methods and provide adequate training to teachers, including on how to handle “learning difficulties” of children;
i) to ratify the 1960 UNESCO Convention Against Discrimination in Education.”
Equatorial Guinea
(3 November 2004, CRC/C/15/Add.245, Concluding observations on initial report, paras. 48 and 49)
“The Committee is concerned at the absence of statistical data and a comprehensive policy for disabled children, who continue to face discrimination in particular with regard to their integration in society, access to education, health and participation in social and cultural life.
“In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party: ...
c) formulate a strategy that includes appropriate teacher training, to ensure that all children with disabilities have access to education and, wherever possible, that they are integrated into the mainstream education system; ...
e) allocate further resources for special education, including vocational training, and for the support given to families of children with disabilities....”
Eritrea
(6 June 2008, CRC/C/ERI/CO/3 Unedited version, Concluding observations on second/third report, paras. 51, 52, 66 and 67)
“The Committee notes as positive the State party’s assistance for children with disabilities, in particular the measures undertaken to improve access to education. The Committee however notes that further measures are required in order to extend the coverage of assistance and rehabilitation to all children with disabilities, particularly in rural and remote areas.
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations of the Committee’s Day of General Discussion on children with disabilities (1997), take all necessary measures [to]: ...
c) provide children with disabilities with access to adequate social and health services, as well as, to quality education;
d) ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained.
“The Committee welcomes ... the provision of education in various languages.... The Committee is concerned that considerable challenges still hamper eliminating inequalities which disadvantage children’s access to education, in particular in rural regions among nomadic groups, and on the basis of ethnicity and sex....
“The Committee recommends that the State party, taking into account its General Comment No. 1 (2001) on the aims of education; ...
b) increase public expenditure for education, in particular primary education with specific attention to improving access and addressing sex, socio-economic, ethnic and regional disparities in the enjoyment of the right to education;
d) undertake additional efforts to ensure access to adaptable informal education of high quality to vulnerable groups, including street children, orphans, refugee and displaced children, children with disabilities and child domestic workers, inter alia by addressing indirect and hidden costs of school education;
e) further expand pre-school facilities supplied with qualified teachers, make them free of costs and make special attempts to include children from vulnerable and school distant groups at early ages; ...
i) seek technical assistance from UNESCO and UNICEF, in particular to improve access to education for girls.”
(2 July 2003, CRC/C/15/Add.204, Concluding observations on initial report, paras. 47, 48, 51 and 52)
“The Committee welcomes the information provided by the State party during the dialogue that it has drafted a National Child and Family Welfare Policy, which includes measures to integrate children with disabilities into the education system. Yet, it remains concerned that children with disabilities often suffer from societal discrimination and that a significant proportion do not attend school or participate in social and cultural life.
“The Committee recommends that the State party: ...
b) adopt and implement the draft National Child and Family Welfare Policy; ...
d) formulate a programme that includes appropriate teacher training in order to ensure that all children with disabilities have access to education, including vocational training, and that wherever possible they are integrated into the mainstream education system.
“The Committee is encouraged by the State party’s efforts to ... provide education in the native language of all nine ethnic groups. However, it is concerned that ... there is a significant disparity between the number of boys and girls in school....
“The Committee recommends that the State party:
a) continue to strengthen measures aimed at increasing enrolment rates in primary and basic education, in particular for girls; ...
e) prioritize and continue to strengthen and expand efforts at teacher training and expand recruitment of qualified teachers, in particular women and persons from all ethnic groups for education in mother-tongue programmes....”
Estonia
(8 March 2017, CRC/C/EST/2-4, Concluding observations on the combined second to fourth periodic reports, Paras. 38, 39, 44 and 45)- 74th session
“While welcoming the ratification by the State party of the Convention on the Rights of Persons with Disabilities, in 2012, the Committee is seriously concerned about the insufficient protection against discrimination for children with disabilities, particularly:
(a) The continued limited physical accessibility of public institutions and the inability of State-funded rehabilitation services to satisfy the existing demand, resulting in children not receiving the required treatment;
(b) Unequal accessibility and quality of social welfare services for children across all regions, inadequate coordination among State services and the absence of a comprehensive approach to the needs of children with disabilities and their families;
(c) The insufficient allowance and services provided to children with severe or profound disabilities and their families;
(d) Inability of local authorities to guarantee all children with disabilities a place in a kindergarten and school in their place of residence;
(e) Limited access to education for children with disabilities and the fact that teachers do not receive sufficient support to teach children with disabilities;
(f) Children with intellectual and psychosocial disabilities being placed in reform schools along with young offenders and children with behavioural problems.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Amend the Equal Protection Act to provide a clear basis for protection against discrimination based on disability, including in the social and educational sectors and in the provision of services;
(b) Strengthen measures to remove physical barriers so as to enable effective access for children with disabilities to schools and other institutions and services;
(c) Establish a database on children with disabilities that is necessary for the development of appropriate policies and programmes for children with disabilities;
(d) Take immediate measures to ensure that all children with disabilities have access to health care, including early detection and intervention programmes;
(e) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(f) Train and assign specialized teachers and professionals (including mental health specialists) in integrated classes so as to provide individual support and all due attention to children with learning difficulties;
(g) Conduct awareness-raising campaigns for government officials, the public and families with a view to combating the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(h) Take measures to ensure that children with mental disabilities are not placed in reform schools along with young offenders and children with behavioural problems
.(i) Provide adequate support payments and services for all children with disabilities including those with severe or profound disabilities, up to the age of 18 years, and increase awareness about these services, including in the Russian language.”
“The Committee is concerned about:
(a) The drop-out rate which, while decreasing, remains relatively high, especially among boys;
(b) Discrimination faced by children belonging to ethnic minorities and children with disabilities in accessing education and the continued insufficient integration of such children;
(c) The language policy in secondary education, which often prevents Russianspeaking students from acquiring mastery in core subjects that are taught only in Estonian;
(d) The limited availability of preschool education and the absence of uniform regulation thereof.”
“The Committee recommends that the State party:
(a) Strengthen measures to address drop-out rates, especially among boys;
(b) Ensure that children belonging to linguistic and ethnic minorities and children with disabilities have adequate access to education, including instruction in or on their mother tongue and inclusive education, respectively;
(c) Encourage the inclusion of non-Estonian-speaking children in kindergartens;
(d) Allocate sufficient resources on the new national integration plan, to provide different forms of communication opportunities in the Estonian-speaking environment for students in Russian-speaking schools, such as student exchanges, language camps, hobby activities, among others;
(e) Review the language policy to facilitate the transition of Russianspeaking students by allowing them to first acquire sufficient knowledge of Estonian before being required to learn core subjects;
(f) Strengthen the system of quality preschool education and increase availability and affordability of preschool education, including for children from marginalized families.”
(17 March 2003, CRC/C/15/Add.196, Concluding observations on initial report, paras. 23, 25, 38, 39, 43, 52 and 53)
“The Committee is concerned that the current discriminatory attitudes towards linguistic minority communities (e.g. the Russian-speaking community), non-citizens, especially those without legal status, and other disadvantaged groups may restrict directly or indirectly the rights guaranteed under the Convention to children belonging to those groups. In particular, the Committee is concerned: ...
b) that there is no legislation at present prohibiting discrimination in housing, and access to education and public services....
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in 2001, taking account of the Committee’s General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee appreciates the many efforts made in this field, as well as the fact that the State party acknowledges that challenges remain with regard to guaranteeing children with disabilities the rights contained in the Convention and integrating them in mainstream education and support for families. It notes with concern that the implementation of the Education Act does not sufficiently envisage the inclusion of disabled children; that negative societal attitudes towards inclusion persist; and that support payments are only payable for disabled children up to 16 years of age.
“The Committee recommends that the State party:
a) review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (CRC/C/69, para. 338);
b) provide early childhood care and special education for children with disabilities; ...
d) undertake awareness-raising campaigns which focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities; ...
f) provide adequate support, supervision and training to persons working with these children, including the teaching staff, in mainstream schools;
g) take measures to remove physical barriers to enable effective access of children with disabilities to schools and other institutions and services in a manner conducive to the child’s achieving the fullest possible social integration and individual development.
“The Committee encourages the State party: ...
d) to further enhance the system of education for national minorities; ...
f) to take all the appropriate measures to implement Regulation No. 209 for mother-tongue instruction for students whose mother tongue is not Estonian, providing also for the teaching of their culture and history....
“While welcoming the Programme on Integration in Estonian Society, 2000-2007, the Committee notes the tension arising around the question of the language of instruction of children belonging to minority groups in Estonia.
“The Committee recommends that the State party:
a) take all measures to implement effectively Regulation No. 209 for mother-tongue instruction for students whose mother tongue is not Estonian;
b) implement the Programme on Integration in Estonian Society in such a way that all the children of Estonia will be taught about the culture, history and identity of the various groups living in Estonia and that exchanges are organized between pupils of different schools in order to foster contacts, friendships and mutual respect among children from all groups of society;
c) guarantee the quality of instruction of the Estonian language to children belonging to minority groups so as to ensure that minority-language-speaking children can participate on a more equal level with Estonian-speaking children, in particular at higher education levels.”
Eswatini
(22nd October 2021, CRC/C/SWZ/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras. 26, 27, 50, 51, 62 and 63)
“While the Committee notes the prohibition of all forms of discrimination in the Children’s Protection and Welfare Act, it remains concerned:
(a) That several pieces of legislation that have the potential to provide vulnerable children with protection against discrimination have not yet been passed into law, such as the marriage bill, or are lacking regulations, such as the Persons with Disabilities Act of 2018;
(b) About the discrimination against certain groups of children, particularly girls, children living in poverty, children with disabilities, children with albinism, orphans, children infected with and affected by HIV/AIDS, refugee children, asylum-seeking children and lesbian, gay, bisexual, transgender and intersex children.”
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee reiterates its previous concluding observations10 and recommends that the State party:
(a) Expedite the adoption of the marriage bill and the regulations for the Persons with Disabilities Act;
(b) Strengthen its efforts to eliminate discrimination and stigmatization against groups of children in marginalized and disadvantaged situations, particularly girls, children living in poverty, children with disabilities, children with albinism, orphans, children infected with and affected by HIV/AIDS, refugee children, asylum-seeking children and lesbian, gay, bisexual, transgender and intersex children, including by developing policies and addressing the root causes of de facto discrimination;
(c) Conduct comprehensive public education and awareness-raising programmes, including campaigns, to combat and prevent stigmatization of and discrimination against children in vulnerable situations.”
“The Committee welcomes the adoption of the Persons with Disabilities Act in 2018, the National Disability Policy of 2013 and the development of the National Disability Plan of Action (2015–2020). The Committee further welcomes the revised Education and Training Sector Policy of 2018, which promotes inclusive education. However, the Committee remains concerned about:
(a) The absence of disaggregated data on children with disabilities;
(b) The limited access to early identification and referral programmes for children with disabilities;
(c) The insufficiency of measures to ensure that children with disabilities can fully enjoy their rights, in particular to health, quality of life, and inclusive education;
(d) Reports that some children with disabilities are isolated and that they face stigmatization, discrimination and abuse;
(e) The limited human, technical and financial resources available for the work of the Disability Unit in the Office of the Deputy Prime Minister.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities, and:
(a) Organize and analyse data collection, disaggregated by, inter alia, age, sex, type of disability, national origin, ethnicity, geographic location and socioeconomic status;
(b) Ensure that children with disabilities have access to health care, inclusive education, early detection and early intervention systems, and various forms of social protection of high quality supported with adequate human, technical and financial resources;
(c) Intensify efforts to end the isolation, stigmatization, abuse and ill-treatment of children with disabilities;
(d) Undertake ongoing awareness-raising campaigns targeting public officials, the public and families to promote a positive image of these children as rights holders;
(e) Ensure adequate allocation of human, technical and financial resources for the Disability Unit in the Office of the Deputy Prime Minister;
(f) Guarantee that the National Disability Plan of Action (2015–2020) has sufficient financial and human resources, in addition to having monitoring mechanisms that allow the measurement of results”
“The Committee welcomes the adoption of the Free Primary Education Act in 2010, which increased total school enrolment to 98 per cent. It however remains concerned about:
(a) High dropout rates, with significant urban and rural differences;
(b) Pregnant students and adolescent mothers dropping out of school and facing stigmatization;
(c) Low enrolment rates in secondary education;
(d) The quality of education outcomes being inadequate at all levels;
(e) Inequalities in accessing education during the COVID-19 crisis due to the lack of access to online classes;
(f) The large number of unqualified teachers and the in-service training department being understaffed and underresourced;
(g) The hidden costs related to education, in particular top-up fees, and uniform and transport costs, and the fact that grants to orphaned and vulnerable children are insufficient to cover all costs;
(h) The underfunding of, and the limited and inequitable access to, early childhood care and education.”
“Taking note of targets 4.a and 4.c of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Address dropout rates, in particular in rural areas, and ensure that pregnant girls and adolescent mothers remain in school or have the ability to reintegrate by eliminating stigma and providing counselling and access to childcare;
(b) Increase enrolment and reduce dropout in secondary education by addressing obstacles such as repetition rates, early pregnancy, distance from secondary school and poor infrastructure quality;
(c) Take the measures necessary to improve the quality of education, including by providing continuous training to teachers, further improving the student-to-teacher ratio and ensuring that teaching material is available to all students;
(d) Address inequalities generated by the COVID-19 crisis during online schooling, including by ensuring the availability of phone and computer equipment and sufficient Internet access, paying particular attention to rural areas and children with disabilities;
(e) Strengthen efforts to eliminate all hidden costs of schooling, in particular top-up tuition fees and costs for uniforms and transportation to school, and conduct regular monitoring and evaluation of the programme of grants for orphaned or vulnerable children in order to increase its effectiveness;
(f) Adopt and adequately resource the early childcare and development strategy, and ensure and assess the possibility of expanding the usage of national care points as early childhood education centres.”
Ethiopia
(1 November 2006, CRC/C/ETH/CO/3, Concluding observations on third report, paras. 24, 25, 26, 51, 52, 63, 64, 65 and 66)
“... The Committee acknowledges the positive steps taken to enhance the status of the girl child such as criminalizing FGM and raising the minimum age of consent for marriage, however the Committee remains concerns that vulnerable groups of girls remain victims of harmful traditional practices, deprived of education (primary and secondary), victims of sexual and physical violence as well as commercial exploitation.
“The Committee recommends that the State party make combating discrimination against vulnerable girls a national priority, design programmes which enable the girl child to access her rights without discrimination and raise awareness of the value of the girl child among all stakeholders. Furthermore, in relation to other forms of discrimination, the Committee urges the State party to take adequate measures to ensure the practical application of the provisions guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention, and to adopt a comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups.
“The Committee regrets that information was not included in the report on the measures and programmes relevant to the Convention on the Rights of the Child implemented by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No. 1 (2001) on the aims of education. The Committee requests that specific information, as outlined above, be provided in the next periodic report.
“The Committee ... is concerned about the persisting de factor discrimination, lack of statistical data on the number of disabled children and insufficient educational opportunities....
“The Committee recommends that, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations of the Committee’s day of general discussion on children with disabilities held on 6 October 1997 (see CRC/C/66), the State party take all necessary measures to: ...
c) provide children with disabilities with access to adequate social and health services, as well as, to quality education;
d) ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained.
“... Considerable challenges remain in order to overcome inequalities which impact on children’s access to education, in particular in rural regions, and on the basis of ethnicity and sex.
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 (2001) on the aims of education:
a) ensure that primary education is free and compulsory and take the necessary measures to ensure that all children are enrolled in primary education;
b) increase public expenditure on education, in particular pre-primary, primary and secondary education with specific attention to improving access and addressing sex, socio-economic, ethnic and regional disparities in the enjoyment of the right to education; ...
d) undertake additional efforts to ensure access to informal education to vulnerable groups, including street children, orphans, children with disabilities, child domestic workers and children in conflict areas and camps, inter alia by addressing indirect and hidden costs of school education ....
“The Committee notes the presence of some 115,000 refugees from neighbouring countries and that the State [arty has applied asylum policies which to a large extent conform to international obligations. However, the Committee regrets that the State party did not withdraw its reservation to the 1951 Refugee Convention with regard to the right to education. Furthermore, the Committee is concerned at the low enrolment rates in school among refugee children and in particular the high dropout rates among girls, the lack of female staff at school ....
“The Committee urges the State party to:
a) withdraw its reservation to the 1951 Refugee Convention regarding the right to education;
b) take practical measures to increase enrolment rates, especially among girls, such as providing better access to education and ensuring a greater number of female teaching staff....”
F
Federated States of Micronesia
(3rd April 2020, CRC/C/FSM/CO/2, Concluding observations on the second periodic report, paras 48, 49, 58, 59, 64 and 65) - 84th session
“The Committee takes note of the national policy on disability, 2009–2016, the special education programme and the children with special health-care needs programme, as well as the fact that Kosrae, Pohnpei and Yap have passed a Disability Act. However, the Committee is concerned about the following:
(a) The fact that the applicability of the national policy on disability expired in 2016 and has not yet been extended;
(b) The limited access of children with disabilities to inclusive education, transportation, public spaces, rehabilitation and service delivery in all areas;
(c) The lack of funding and technical support provided to service providers for children with disabilities or the parents of such children.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Adopt a national policy on disability aimed at strengthening health-care services for children with disabilities and ensuring that all children with all types of disabilities enjoy inclusive education;
(b) Increase the budget for and expenditure on children with disabilities;
(c) Improve access for children with disabilities to all public and private buildings, spaces, service delivery and transportation, in all areas, especially in the outer islands;
(d) Ensure that all schools have specialized teachers and professionals providing individual support and that teaching staff are adequately trained;
(e) Expand community-based rehabilitation, early identification and referral programmes to cover all children with disabilities and provide the necessary human, technical and financial support to service providers and families of children with disabilities.”
“The Committee notes with appreciation that primary education is free and compulsory for all children and that the education goals in the strategic development plan were revised in 2015 in order to focus on improving the quality of education. Nevertheless, the Committee is concerned about the following:
(a) The decreasing enrolment and completion rates in primary and secondary schools, as well as the increasing dropout rates among both boys and girls;
(b) The regional disparities in the quality of education, due to a shortage of qualified teachers and learning resources, in particular in the outer islands;
(c) The lack of measures in place to ensure that pregnant girls and adolescent mothers can remain in school.”
“Taking note of targets 4.1 and 4.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure that all girls and boys complete equitable and quality primary and secondary education leading to relevant and effective learning outcomes;
(b) Enhance efforts to improve the accessibility and quality of education throughout the State party, including by allocating adequate human, financial and technical resources, increasing the number of secondary schools, providing continuous training to teachers and improving school equipment, infrastructure and learning materials, with particular emphasis on the outer islands.
Fiji
(13th October 2014, CRC/C/FJI/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 39, 40, 59, 60, 61 and 62) - 67th Session
“The Committee welcomes the provisions for the protection of the rights of persons with disabilities in the 2013 Constitution and the Inclusive Education Policy of 2010, as well as the draft disability decree of 2013. However, the Committee notes with great concern that children with disabilities are frequently faced with discrimination and exclusion, and furthermore regrets that:
(a) Children with disabilities are often faced with extreme poverty, and that insufficient measures are taken by the State party to ensure the effective access of children with disabilities to health, education and social services, and to facilitate their full inclusion into society;
(b) Children with disabilities, particularly girls, are more vulnerable to sexual exploitation and violence, including prostitution;
(c) Special schools for children with disabilities are preferred over inclusive education, and secondary-level education is non-existent for them;
(d) The number of well-trained professionals working with and for children with disabilities is insufficient, and there are no speech therapists in the country, although speech impairment constitutes the main impairment in the Fiji Early Intervention Centre.”
“In the light of general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, and specifically recommends that it:
(a) Ensure that all children with disabilities, including children with mental, speech, hearing and visual disabilities, receive adequate financial support, and increase budget allocation to ensure the equal access of children with disabilities to adequate social and health services, placing particular focus on children in remote areas;
(b) Raise awareness about the risk of violence and sexual exploitation faced by children with disabilities, and take all necessary measures to increase the protection of children with disabilities within communities, the home and institutional settings;
(c) Ensure that the development of inclusive education is given priority over special schooling and train teachers accordingly, as well as provide full access to children with disabilities to secondary education;
(d) Undertake greater efforts to make available all the professional specialists necessary, in particular in remote areas, and increase the allocation of human, technical and financial resources in that regard.”
“While welcoming the tuition-fee assistance by the Ministry of Education, the “One laptop per child” programme for primary school students and the Prime Minister’s announcement of fee-free education in his address on the 2014 budget, the Committee notes that indirect costs, such as for uniforms, books and transport, partly remain in place, leading to children dropping out of schools as their families cannot afford those costs. Furthermore, the Committee is concerned about:
(a) Adolescent pregnant girls or adolescent mothers being frequently forced to drop out of school;
(b) Rural schools being frequently faced with a lack of access to water, electricity or means of communication;
(c) The education system, despite being considered as one of the best in the Pacific region, not being well adapted to the needs of the community and labour force, with a significant number of the State party’s school leavers being unable to find employment.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Increase its budgetary allocations for basic and secondary education and make sure that all indirect and hidden costs are eliminated;
(b) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(c) Allocate sufficient financial support to ensure that all schools are provided with the infrastructure necessary to provide for an effective learning environment;
(d) Undertake impact assessments of educational programmes and strategies and take corrective measures to ensure that school leavers are prepared for the demands of the national job market.”
“The Committee welcomes the increased access to schooling, which has reduced the practice of sending children to major urban centres to go to school, although it notes that the practice persists.”
“The Committee recommends that the State party further increase schooling opportunities in remote areas, as well as transportation services.”
Finland
(3 August 2011, CRC/C/FIN/CO/4, Concluding observations: Finland, para. 40)
“While welcoming the amendments to the Act on Services and Assistance for the Disabled in 2009 emphasizing assistance based on the individual needs of persons with disabilities and the Disability Policy Programme for 2010–2015, the Committee remains concerned about the insufficient supply of health-care services for children with disabilities in some municipalities and the lack of financial commitment by the State party in this respect. The Committee is also concerned that children with disabilities face limited mobility due to obstacles in the physical environment and public transportation, and thus the level of segregation of students with disabilities is high. Furthermore, it is concerned that teachers are not sufficiently trained to work with children with disabilities and families with children with disabilities do not receive sufficient, high-quality and up-to-date assistance or educational guidance to support their children’s rehabilitation.
“In light of article 23 of the Convention, the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Establish a holistic legal and policy framework to guarantee the equal right of children with disabilities to access good-quality health-care services, public buildings and transportation and to obtain education in mainstream schools;
(b) Ensure a sufficient number of personal assistants, interpretation and transportation services for children with disabilities;
(c) Improve the capacity of teachers to teach children with disabilities and special needs;
(d) Support families with children with disabilities by providing them with educational guidance; and
(e) Accelerate the process of ratification of the Convention on the Rights of Persons with Disabilities.”
(20 October 2005, CRC/C/15/Add.272, Concluding observations on third report, paras. 42, 43, 56 and 57)
“While noting the State party’s efforts in this regard, the Committee expresses concern at the high drop-out rate from school among Roma children and at their difficulties in accessing education, which negatively impact their development and future access to employment. In addition, the Committee also notes with concern the lack of teachers and of pre-school teaching material in the Roma language.
“The Committee recommends that the State party take all necessary measures to ensure that article 28 and 29 of the Convention are fully implemented for all children throughout the country, including children belonging to the most vulnerable groups such as Roma children.
“The Committee expresses concern at the continuing disparities between Finnish and Roma children, which seriously affect the full enjoyment by Roma children of their rights, in particular to housing and education.
“The Committee recommends the State party continue to take measures towards social inclusion and to combat marginalization and stigmatization of Roma children. Furthermore, additional measures are needed to ensure the full enjoyment of the rights enshrined in the Convention by Roma children, in particular concerning access to education and an adequate standard of living.”
France
(23rd February 2016, CRC/C/FRA/CO/5, Concluding observations on the fifth periodic report, paras 23, 24, 57, 58, 59, 60, 71 and 72) - 71st Session
“The Committee welcomes the efforts made by the State party to combat discrimination. The Committee is concerned, however, about the persistence of discrimination on the grounds of sex, gender identity, disability, national origin, social and economic origin or other grounds. It further expresses its concern at the persistence of racial discrimination against and stigmatization of Roma children. The Committee is also concerned that the action plan for equality that replaced the “ABCD of Equality” programme was developed without the involvement of children, is not targeted specifically at children and lacks measurable objectives and a time frame.”
“The Committee reiterates its previous recommendation and urges the State party to strengthen its efforts to foster a culture of equality, tolerance and mutual respect, to prevent and combat persistent discrimination and to ensure that all cases of discrimination against children in all sectors of society are effectively addressed (see CRC/C/FRA/CO/4 and Corr.1, para. 31). The Committee also recommends that the State party strengthen its efforts to challenge gender stereotypes, including within the framework of the action plan for equality, with measurable objectives and a time frame, aimed specifically at children in all levels of education, and to make relevant training for educators compulsory.”
“The Committee recognizes the efforts made by the State party to strengthen the inclusion of children with disabilities. However, the Committee is concerned by the slow and unequal implementation of Law No. 2005-102 of 11 February 2005 and Law No. 2013 595 of 8 July 2013 regarding inclusive education for all children, and that progress in ensuring that children with disabilities attend mainstream schools rather than hospitals or medico-social institutions has been slow, with an exacerbated situation in the overseas departments and territories. The Committee is also concerned that the law provides for a system of special units within mainstream schools for children as young as the age of 3; that some children with disabilities are institutionalized; that some are still in segregated schools; and that others drop out of school as a result of a lack of accommodation and support. The Committee is further concerned about:
(a) Persistent discrimination against children with disabilities, especially children with multiple disabilities, in accessing education, regarding equality with others, including during recreational and extracurricular activities, in school facilities and during vocational training;
(b) Families facing major obstacles to obtaining and maintaining the necessary support they are entitled to receive, including enough hours of school assistance;
(c) School personnel who are insufficiently trained and supported, the insufficient number of specialized and qualified assistants, and the scarce number of accessible and adapted school curricula, teaching and evaluation materials and classrooms.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to effectively adopt a human-rights-based approach to disability without delay, to recognize the right of all children to inclusive education and to ensure that inclusive education is given priority over the placement of children in specialized institutions and in segregated classes at all levels. The Committee specifically recommends that the State party:
(a) Organize the collection of data on children with disabilities and develop an efficient system for early identification to facilitate the design of appropriate strategies and programmes for them;
(b) Adopt measures to facilitate and ensure access to appropriate support;
(c) Train all teachers and education professionals on providing inclusive education and individual support, creating inclusive and accessible environments, and giving due attention to the specific situation of each child;
(d) Ensure sufficient resource allocation for all children, including children with disabilities, to be supported with the most appropriate plan for responding to their needs and circumstances;
(e) Undertake awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities.”
“The Committee is concerned that, in spite of three successive autism plans, children with autism continue to be subjected to widespread violations of their rights. The Committee is particularly concerned that the majority of children with autism do not have access to education in mainstream schools, or receive limited education on a part-time basis with no specifically trained personnel to support their inclusion. The Committee is also concerned that:
(a) The implementation of the 2012 recommendations of the High Health Authority is not mandatory and that children with autism are still offered inefficient psychoanalytical therapies, overmedication and placement in psychiatric hospitals and institutions, including in a neighbouring country;
(b) Professionals trained in internationally recognized therapies, as well as development and education programmes, are scarce and are not covered by the health insurance system;
(c) Some parents who oppose the institutionalization of their children are intimidated and threatened and, in some cases, lose custody of their children, with the children being forcibly institutionalized or subject to administrative placement.”
“The Committee urges the State party to take immediate measures to ensure that the rights of children with autism, especially their right to inclusive education, are respected, that the 2012 recommendations of the High Health Authority are legally binding on professionals working with children with autism, and that only therapies and educational programmes that conform with the recommendations of the High Health Authority are authorized and reimbursed. The State party should also ensure that children with autism are not subjected to forced institutionalization or administrative placement and that parents are no longer subjected to reprisals when refusing the institutionalization of their children.”
“The Committee welcomes the State party’s decision to fill, on a priority basis, 60,000 vacant teacher positions by 2017. However, the Committee is concerned about the grave impact on children of the elimination in recent years of 80,000 teaching posts, the recruitment of untrained replacement personnel and the very high student-teacher ratio in certain schools. The Committee is also concerned about the large deterministic role that the socio-economic origin of children plays in school achievement in the State party and the disparities in the allocation of resources to schools, which varies by local municipality. Furthermore, it is concerned that:
(a) Certain categories of children face difficulties in entering, continuing or re entering education, school-related activities and facilities, especially children with disabilities, children living in shantytowns, unaccompanied migrant children (particularly in Mayotte) and children in conflict with the law;
(b) Some children, including Roma children, unaccompanied migrant children and children living in precarious housing, face numerous difficulties with regard to enrolling in ordinary schools or gaining access to school canteens, and in some cases have not been allowed to do so by municipalities;
(c) Progress has been slow with regard to reducing the large numbers of children dropping out of school early and without qualifications;
(d) Training provided to education professionals is insufficient and inadequate;
(e) Specialized assistance networks in schools are progressively disappearing, which particularly affects children with learning difficulties;
(f) Violence and widespread bullying among students are common and education professionals lack the capacity to prevent and address them.”
“The Committee recommends that the State party strengthen its educational reform with a view to reducing the effects of the social background of children on their achievement in school, and that it take additional measures to guarantee the availability of a sufficient number of qualified teachers to ensure the right to education to all children. It also recommends that the State party:
(a) Continue to strengthen measures to decrease dropout and repetition rates and expand vocational education and training for children who have left school without certificates, enabling them to re-enter education and acquire competencies and life skills;
(b) Ensure the right to education without discrimination to all children;
(c) Take measures to increase teachers’ qualifications, including through continuing training programmes;
(d) Redeploy and appropriately fund specialized assistance networks in schools;
(e) Intensify its efforts to tackle bullying and violence in schools, including through the adoption of policies and tools in schools for the prevention and handling of cases of bullying and the appropriate training of school personnel on detecting, preventing and countering violence and bullying.”
(11 June 2009, CRC/C/FRA/CO/4 Advance unedited version, Concluding observations on third/fourth report, paras. 30, 31, 32, 33, 69, 70, 80, 81, 85, 86, 101 and 102)
"While welcoming the inclusion in school curricula of activities to counter racism, anti-Semitism and xenophobia, the Committee expresses concern at persistent discrimination, in particular in the field of economic and social rights, hampering social progress, justice and non discrimination, especially with respect to children residing in the Overseas Departments and Territories, asylum seeking and refugee children, as well as children belonging to minority groups such as Roma, travellers (“gens du voyage”) and religious minorities....
“The Committee urges the State party to ensure full protection against discrimination in the field of economic and social rights and on the grounds of race, origin, colour, name, ethnic or social origin, name or other grounds. It urges the State party to continue its efforts to eliminate regional disparities and to take measures to prevent and combat the persistent discrimination of foreign children and children belonging to minority groups, and create a climate of social progress, justice and equality. The Committee further urges the State party to take all necessary measures to ensure that cases of discrimination against children in all sectors of society are effectively addressed.
“The Committee is also concerned at the stigmatisation, including in the media and in school, of certain groups of children, in particular vulnerable children and children living in poverty, such as Roma and disabled children, children belonging to minorities and children living in suburbs (banlieues), which leads to a general climate of intolerance and negative public attitudes towards these children, especially adolescents, and may be often the underlying cause for further infringements of their rights. The Committee is further concerned at the general negative attitude of the police towards children, in particular adolescents.
“The Committee recommends that the State party take measures to address the intolerance and inappropriate characterization of children, especially adolescents, within the society, including in the media and in school, and to promote the positive and constructive attitude of the police towards children and adolescents.
“The Committee welcomes the adoption of the Law No. 2005-102 of 11 February 2005, which enshrines the equal right to education and enrolment in school for children with disabilities in accordance with article 23 of the Convention. However, it is concerned at the high number of children with disabilities who, in practice, attend school only a few hours per week. While welcoming the establishment of additional posts for specialized assistants (auxiliaires de vie), the Committee expresses concern at the instability in contractual arrangements and insufficient training opportunities. The Committee further notes some deficiencies with regard to specialized care, in particular for children suffering from multiple disabilities, access to leisure and cultural activities, as well as the lack of structures in Mayotte, Wallis and Futuna which hampers the implementation of aforementioned law.
“In light of the Convention on the Rights of Persons with Disabilities and the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
a) take all necessary measures to ensure that legislation providing access to education, as well as programmes and specialized assistance for children with disabilities, are effectively implemented and ensure the full enjoyment of their rights under the Convention on the entire territory of the State party, including in Overseas Departments and Territories; ...
c) provide training and stability for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers....
“The Committee notes with appreciation the numerous efforts of the State party in the field of education, in order to guarantee the objectives set out in the Convention. The Committee nevertheless is concerned: ...
b) that significant inequalities persist with regard to school achievement of children living with parents in economic hardship. Several groups of children encounter problems being enrolled in school or continuing or re-entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.), and teenage mothers....
“The Committee recommends that the State party:
a) continue and strengthen its efforts to reduce the effects of the children’s social background on their achievement in school; ...
d) invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalized and school-distant groups;
e) use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and include social workers and educational psychologists in school in order to help children in conflict with school.
“The Committee also expresses concern at the lack of a systematic inclusion of unaccompanied minors into systems of social services, education and language schools....
“The Committee ... expresses concern over the lack of validation of cultural knowledge transmitted to children belonging to minority groups, in particular travellers and Roma children and the discrimination they face in particular with regard to economic, social and cultural rights, including right to ... education....
“The Committee recommends that the State party ensures that minority groups and indigenous peoples of Overseas Departments and Territories enjoy equal enjoyment of their rights and that children receive the possibility to validate their cultural knowledge without discrimination. It further urges the State party to take measures to eliminate all discrimination of children belonging to minority groups, in particular with regard to their economic and social rights.”
(30 June 2004, CRC/C/15/Add.240, Concluding observations on second report, paras. 40, 41, 48 and 49)
“The Committee welcomes the programmes for the integration of children with disabilities in mainstream schools, such as Plan Handiscol’, and progress made in this respect. Nevertheless, the Committee is concerned that these remain insufficient and that too many children are not included in these efforts and remain without appropriate care with the main burden upon the families alone. Furthermore, the Committee is concerned that efforts aimed at detecting disabilities may not be adequate.
“The Committee encourages the State party to actively pursue its current efforts and to continue:
a) to review existing policies and practice in relation to children with disabilities, with due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69);
b) to make efforts, within the educational system, to detect disabilities in children and ensure better evaluation of the overall needs of students;
c) to pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate their integration in the mainstream education system....
“The Committee ... is concerned that thousands of children with disabilities are deprived of their right to education.
“The Committee urges the State party, taking into account its General Comment No. 1 on the aims of education, to pursue its efforts to ensure that all children enjoy the right to education consistent with articles 28 and 29 of the Convention, and that children with disabilities are integrated into mainstream education as far as possible, in keeping with article 3 of the Convention....”
G
Gabon
(14th July 2016, CRC/C/OPSC/GAB/CO/1, Concluding observations on the report submitted by Gabon under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 20, 21, 24 and 25) - 72nd Session
“The Committee is seriously concerned about the lack of detailed information on the number of reported cases of offences under the Optional Protocol, as well as on the number of prosecutions and convictions.”
“The Committee urges the State party to:
(a) Develop and implement a comprehensive, coordinated and effective system of data collection for all areas covered by the Optional Protocol, including the sale of children, child prostitution and child pornography, in order to ensure effective analysis and monitoring of the situation of children as well as assessment of the impact of measures taken. The data should be disaggregated, inter alia by sex, age, nationality, ethnic origin, geographical location and socioeconomic status;
(b) Conduct a situation analysis of the sale of children, including its connection to child marriage, female genital mutilation, child pornography, child prostitution, child trafficking and irregular migration;
(c) Collect data on the number of prosecutions and convictions, disaggregated by the nature of the offence.”
“The Committee welcomes the training, meetings and awareness-raising activities conducted by the State party to prevent and fight child trafficking, and notes the cooperation with Benin, Mali and Togo. It is, however, concerned about the lack of specific measures to prevent the occurrence and reoccurrence of offences prohibited under the Optional Protocol notwithstanding the information available about trends and causes, including child poverty, child domestic labour, child marriage and children being in street situations.”
“The Committee recommends that the State party:
(a) Adopt a comprehensive and targeted approach that addresses the root causes and risk factors of offences under the Optional Protocol, including child poverty, child domestic labour, child marriage and children living in street situations, and that targets children in the most vulnerable situations who are at risk of becoming victims of the offences prohibited under the Optional Protocol;
(b) Strengthen its efforts to identify, report and support children who are at risk of becoming victims, or are victims, of offences under the Optional Protocol, including through the provincial committees for preventing and combating child trafficking, civil-society organizations and community-based organizations.”
“The Committee is seriously concerned about the lack of specific studies and data regarding tourism-related child sexual exploitation and pornography and the absence of measures to address commercial sexual exploitation of girls, in particular in Port Gentil.”
“The Committee recommends that the State party:
(a) Study the root causes of and risk factors for tourism-related child sexual exploitation and child pornography, especially that involving girls, and take the measures necessary to prevent those offences, in particular in Port Gentil;
(b) Conduct advocacy with the tourism industry concerning the harmful effects of child sex tourism, widely disseminate the World Tourism Organization Global Code of Ethics for Tourism among travel agents and tourism agencies, and encourage these enterprises to become signatories to the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism.”
(8th July 2016, CRC/C/GAB/CO/2, Concluding observations on the second periodic report, paras 22, 23, 44, 45, 55 and 56)- 72nd Session
“The Committee is seriously concerned about the continuing de facto discrimination in access to basic services, such as health, education and social services, against children from poor communities, children from pygmy communities, orphans, children in street situations, children with HIV/AIDS, children with disabilities, child victims of trafficking and asylum-seeking and refugee children. The Committee is also concerned about discrimination against lesbian, gay, bisexual, transgender and intersex children.”
“The Committee recommends that the State party prioritize investment in education, health and social services, taking into account the rights of children in vulnerable situations, including those living in remote and indigenous areas, and pay particular attention to guaranteeing effective access to health, education and social services to children from poor communities, children from indigenous pygmy communities, orphans, children in street situations, children infected with HIV/AIDS, children with disabilities, child victims of trafficking and asylum-seeking and refugee children. The Committee also recommends that the State party raise awareness of equality and non-discrimination based on sexual orientation and gender identity to foster a culture of tolerance and mutual respect.”
“The Committee notes the sectoral measures taken by the State party regarding health, education, nutrition, recreation and protection of children with disabilities. However, the Committee is seriously concerned about:
(a) The continuing absence of an integrated system to regularly collect comprehensive and disaggregated data on children with disabilities, which does not allow for informed policies and measures to address their different vulnerabilities;
(b) The lack of investment in inclusive education and of a policy conducive to the future employment of children with disabilities;
(c) The insufficient resources allocated to support children with disabilities and their families, including access to health care and social services, and that the few available structures exist only in the capital;
(d) The lack of measures to prevent and address incidents of incest against children with psychosocial and/or intellectual disabilities;
(e) The abandonment of children with disabilities by their parents or families;
(f) The persistent prejudice against children with disabilities by their families a
nd communities, which leads to isolation and ill-treatment.”“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and set up a comprehensive strategy for the inclusion of children with disabilities, including to:
(a) Organize the collection of data on children with disabilities and develop an efficient system for identifying disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(b) Set up comprehensive measures to develop inclusive education and ensure that it is given priority over the placement of children in specialized institutions and classes, and invest in the development of the professional skills of children with disabilities;
(c) Take immediate measures to ensure that children with disabilities have access to appropriate health care, including early detection and intervention programmes and social services, available throughout the country;
(d) Promptly investigate incidents of incest against children with psychosocial and/or intellectual disabilities, prosecute suspects and duly sanction perpetrators. It also recommends that sex education be taught to children with psychosocial and/or intellectual disabilities and that law enforcement personnel be trained to handle violence against girls with disabilities;
(e) Combat the root causes for the abandonment of boys and girls with disabilities and provide adequate community-based services and assistance to parents and families, including in rural areas;
(f) Undertake awareness-raising programmes, including campaigns, for parents and communities to eliminate discrimination and combat prevailing negative societal attitudes against children with disabilities.”
“The Committee welcomes the 2010-2020 plan to invest in education and thus increase the number of teachers and the number and quality of schools, in particular in rural areas. The Committee also welcomes Act No. 21/201168 of 2012, recognizing children’s right to appropriate conditions for learning and development, including from preschool onwards. The Committee is, however, concerned about:
(a) The decrease in the education budget in relation to the public resources available;
(b) The persistently high repetition and dropout rates;
(c) The lack of a sustainable strategy for education infrastructure at the district administrative level and the existence of large classes;
(d) The repeated strikes affecting the school year, resulting from delays in paying teachers’ wages and scholarships for students;
(e) The prevalence of violence and abuse against students, including sexual violence and harassment, in educational settings and the impunity of perpetrators;
(f) The absence of early childhood care for children under 3 years of age.”
“The Committee draws attention to target 4.1 of the Sustainable Development Goals, on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes and recommends that the State party:
(a) Increase the education budget to guarantee a quality and egalitarian education for all, in accordance with the recommendations of the African Union during the Day of the African Child in 2014;
(b) Promptly implement measures to decrease repetition and dropout rates among students and review them periodically to assess their effectiveness and make the adjustments necessary to guarantee their success;
(c) Develop and implement a sustainable strategy to improve education infrastructure at the district administrative level, including to prevent overcrowded classrooms;
(d) Ensure a sound financial management of the education budget to prevent delays in the payment of teachers’ salaries and students’ benefits;
(e) Develop and implement a programme to stop and prevent violence against children in schools, including a monitoring and reporting mechanism and sanctions for perpetrators;
(f) Invest in early childhood education on the basis of a comprehensive and holistic policy of early childhood care and development for children under 3 years of age.”
Gambia
(20th February 2015, CRC/C/GMB/CO/2-3, Concluding observations on the combined second and third periodic reports, paras 58, 59, 68, 69, 74 and 75) - 68th Session
“The Committee welcomes the adoption of the Special Needs Education and Inclusive Policy Framework 2009–2015 and the large number of measures taken by the State party for the rights of children with disabilities. However, the Committee remains concerned about:
(a) The high level of discrimination against, and stigmatization of, children with disabilities;
(b) The lack of adequate financial and human resources allocated to the Special Needs Education Unit;
(c) The lack of full implementation of the Special Needs Education and Inclusive Policy Framework;
(d) The lack of adequately prepared and equipped schools to receive children with disabilities, in particular in rural areas;
(e) The inadequate provision of infrastructure and personnel for access of children with disabilities to health care.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that the State party:
(a) Strengthen awareness-raising programmes, including campaigns, for the community at large, aimed at combating the high level of discrimination against, and stigmatization of, children with disabilities;
(b) Increase the human and financial resources of the Special Needs Education Unit with a view to achieving inclusive education as far as possible for all children concerned and to eliminating all barriers that lead to educational disparities for children with disabilities;
(c) Ensure the effective implementation of the recommendations of the Special Needs Education and Inclusive Policy Framework 2009-2015 and the National Disability Study Report 2013;
(d) Improve health-care services for persons with disabilities by ensuring that the necessary professional and financial resources as well as adequate infrastructure are available;
(e) Further encourage the inclusion of children with disabilities in society and in the mainstream educational system, including by making schools more accessible;
(f) Expedite the adoption of the Integrated National Disability Policy and the ratification of the Convention on the Rights of Persons with Disabilities.”
“The Committee welcomes the improvement of school infrastructure and of the enrolment and attendance rates in school, as well as the efforts made towards the achievement of free primary education. It also welcomes the existence of the School Improvement Grant, the Scholarship Trust Fund for Girls, the Empowerment for Girls’ Education Programme and the Re-entry of School Dropouts Scheme. However, it remains concerned about:
(a) The low quality of education and the disparities between urban and rural areas in this regard;
(b) The insufficient number of well-trained teaching staff;
(c) High school dropout of girls in remote areas due to child marriages.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Strengthen its focus on improving the accessibility and quality of education, and provide high-quality training for teachers;
(b) Strengthen its efforts to reduce disparities between urban and rural areas in access to and full enjoyment of the right to education;
(c) Continue its efforts to eliminate all types of hidden educational costs in the school system in order to ensure unhindered and equal access to education for all children;
(d) Strengthen its focus on the retention of children, and in particular girls, in school and ensure the effective implementation of section 28 of the Women’s Act 2010, which prohibits the withdrawal of girls from school for the purpose of marriage.”
“While welcoming the progress made in providing birth registration to children in the State party, the Committee is concerned about reports indicating the lack of provision of identification documents to refugee children born in the State party or arriving as minors, which puts them at particular risk of statelessness.”
“The Committee recommends that the State party ensure the provision of adequate protection measures for child refugees born in the State party or arriving as minors, including by providing them with identification documents to avoid the risk of statelessness, and with equitable access to free primary education, secondary education, and health and social services at the community level.”
Georgia
(9 March 2017, CRC/C/GEO/4, Concluding observations on the fourth periodic report, Paras. 15, 29, 30 and 36)- 74th session
“While welcoming the adoption of the law on the elimination of all forms of discrimination in May 2014, the Committee recalls its previous concluding observations (see CRC/C/GEO/CO/3, para. 22) and urges the State party to:
(a) Allocate the necessary human, technical and financial resources to institutions in charge of monitoring the implementation of the law on the elimination of all forms of discrimination and especially to the Office of the Public Defender, and collect disaggregated data on cases of discrimination against children, including children with disabilities, children in street situations, children in the juvenile justice system, children belonging to minorities, children of disadvantaged families, children living in rural or remote areas and children who are refugees or internally displaced, with a view to developing comprehensive strategies aimed at ending all forms of discrimination;
(b) Ensure that the law is appropriately integrated and consistently interpreted and applied, that perpetrators are adequately sanctioned and child victims of discrimination are provided with effective and appropriate remedies;
(c) Combat the practice of sex-selective abortion, including by addressing its root causes and the long-term implications for society, expanding family planning services and carrying out awareness-raising activities on the detrimental impact of sex selection and on the equal value of girls and boys, in line with previous recommendations of the Human Rights Committee (see CCPR/C/GEO/CO/4, para. 7 (f)).”
“While welcoming efforts for the integration of children with disabilities in social, recreational and cultural activities, the Committee is seriously concerned by:
(a) Limited availability of early identification and intervention programmes, the system exclusively based on health needs determining disability status, which ignores some developmental disabilities of infants and young children, and the absence of an effective referral system based on cooperation between medical personnel, social workers and service providers;
(b) Slow progress in the deinstitutionalization of children with disabilities in rural areas;
(c) Incomplete data on children with disabilities;
(d) Low awareness in the families concerned of the services available for children with disabilities and the limited access to health, education and care services for children with disabilities, especially those with autism, Down syndrome and severe disabilities, as well as for children in rural areas.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Introduce individual functional assessments of disability status, based on the International Classification of Functioning, Disability and Health, and a biopsychosocial approach for their support, train service providers on the assessments, guarantee effective cooperation between services and timely medical interventions and referral to adequate health and educational services, and establish early identification and referral mechanisms for vulnerable children;
(b) Accelerate the deinstitutionalization process in rural areas, ensure sufficient alternative family- and community-based care options for children deprived of a family environment, in particular for children with disabilities, and reinforce reintegration services;
(c) Organize disaggregated data collection on children with disabilities;
(d) Develop a monitoring system for children with disabilities and their participation in health and education systems;
(e) Undertake awareness-raising campaigns aimed at government officials, the public and families, to combat the stigmatization of and prejudice against children with disabilities, promote a positive image of such children and strengthen knowledge of the specific services available.”
“In the light of its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee recommends that the State party:
(a) Take the necessary measures to improve the accessibility of education and focus on creating the conditions to increase the access of children of vulnerable groups, such as children in situations of poverty, those from ethnic minorities and those with disabilities, as well as young mothers after childbirth;
(b) Take the necessary measures to improve the quality of education and strengthen quality training for teachers, with particular emphasis on rural areas, in line with the Committee’s previous concluding observations (see CRC/C/GEO/CO/3, para. 57 (b));
(c) Further develop and promote quality vocational education to enhance the skills of children as an alternative for those who leave school early;
(d) Take all necessary measures to implement the draft law on early learning and preschool education and allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development;
(e) Adopt and implement the national standards and technical regulations on water, sanitation, hygiene and nutrition for preschool institutions and establish monitoring mechanisms and tools for their enforcement in order to eliminate existing regional disparities in the quality of water and sanitation facilities in preschool institutions and schools, which continue to have a negative impact on the health of children in rural areas.”
(6 June 2008, CRC/C/GEO/CO/3 Unedited version, Concluding observations on third report, paras. 42, 43, 56, 57, 60, 61, 76 and 77)
“The Committee, while welcoming the various measures aimed at promoting inclusive education for children with disabilities with a view to using the model in all schools, regrets the lack of a comprehensive government policy for children with disabilities which takes into account their overall developmental needs, including their right not to be discriminated against, the right to education and the right to health.
“The Committee recommends that the State party, taking into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9):
a) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
b) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993;
c) pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible....
“The Committee ... remains concerned about ... the growing disparity in educational standards between rural and urban areas. The Committee is concerned ... that drop-out rates are progressively higher in later stages of schooling, particularly in rural areas.
“The Committee recommends that the State party:
b) focus on an overall improvement of the quality of education provided, particularly in rural and minority regions, by, inter alia, ensuring that teachers are fully qualified and trained;
c) take further measures to facilitate the accessibility to education of children from all groups in society ....
“While welcoming the newly adopted draft action plan for the implementation of the national strategy on internally displaced persons adopted on 2 February 2007 with an increased focus on integration, the Committee remains concerned that internally displaced children in the State party continue to face serious socio-economic deprivation, especially their limited access to housing, health services and education, as well as the physical and psychological impact of displacement on children. The Committee is further concerned about the potential negative impact of segregated schools for internally displaced children.
“The Committee recommends that the State party give the highest priority to the protection of the rights of internally displaced children. In this regard, the Committee recommends that the State party: ...
c) take measures to close segregated schools for internally displaced children, and integrate them in mainstream schools without delay....
“The Committee ... is concerned that insufficient efforts have been made by the State party to facilitate learning by children belonging to minority groups in Georgia, both in Georgian and in their own language.
“The Committee urges the State party to: ...
b) guarantee, in the context of the State Language Programme, the quality of instruction of the Georgian language to children belonging to minority groups so as to ensure that minority-language-speaking children can participate on a more equal level with Georgian-speaking children, in particular at higher education levels;
c) take the necessary measures to ensure that access to higher education by pupils belonging to minority groups is not hindered by their inability to pass the Georgian language exams alone;
d) implement the National Civic Integration Strategy and Action Plan in such a way that all the children of Georgia will be taught about the culture, history and identity of the various groups living in Georgia and that exchanges are organized between pupils of different schools in order to foster contacts, friendships and mutual respect among children from all groups of society....”
(27 October 2003, CRC/C/15/Add.222, Concluding observations on second report, paras. 46, 47, 56, 57 and 71)
“... The Committee remains concerned that children with disabilities remain outside mainstream education and are marginalized in society.
“The Committee encourages the State party to pursue actively its current efforts and continue:
a) to review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on the issue of “The rights of children with disabilities” (see CRC/C/69); ...
d) to take the necessary measures to integrate children with disabilities in the mainstream education system and society....
“The Committee ... is concerned that education is provided to mentally and physically disabled persons only in residential institutions, and that their number has significantly increased from 1997 to 2000, despite the general decline in the population.
“The Committee urges the State party, taking into account its general comment No. 1 on the aims of education, pursue its efforts to ensure that all children enjoy the right to education consistent with articles 28 and 29 of the Convention, and that children with disabilities are integrated into the mainstream education in keeping with article 3 of the Convention....
“The Committee encourages the State party to take measures to combat racism, xenophobia, discrimination and intolerance by, inter alia, ensuring follow-up to the recommendations of the United Nations treaty bodies and ECRI, in particular as they relate to children. The Committee recognizes the important role of education in this respect and encourages the State party to continue to support education in languages of the minorities as well as education in their mother tongue for the ethnic Georgian population not having access to it.”
Germany
(13 October 2022 CRC/C/DEU/CO/5-6, Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, paras. 23, 36, 40 and 45.) - 91st Session
“4.The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: violence against children; education, including vocational training and guidance; asylum-seeking, refugee and migrant children; and the Optional Protocol on the involvement of children in armed conflict.”
“The Committee recommends that the State party ensure the realization of children’s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(25 February 2014, (CRC/C/DEU/3-4, Concluding observations on the combined third and fourth periodic reports, paras. 24, 25, 50, 51, 52, 53, 54, 55, 66, 67) - 65th Session
The Committee welcomes the anti-discrimination measures adopted by the State party, particularly those aimed at promoting a culture of understanding and tolerance. However, the Committee remains concerned that children with disabilities and children with a migration background continue to face discrimination in the State party, particularly regarding education and health-care services.
The Committee recommends that the State party increase measures to combat discrimination, in particular discrimination against children with disabilities and children with a migration background, through programmes and policies to reduce inequalities in access to education, health and development. The Committee also recommends that the State party continue its efforts to raise awareness of discrimination and foster an inclusive and tolerant environment in schools and other spaces for children.
The Committee welcomes the initiatives undertaken by the State party to analyse and improve the situation of children with disabilities. The Committee is, however, concerned about the non-inclusive nature of education, particularly at the secondary school level. In that context, the Committee also notes with concern that:
(a) There is insufficient cooperation between the federal and Länder levels in the educational sector, and no adapted curricula or systematic training of all teachers and school personnel on an inclusive approach to education;
(b) The need for individual support and reasonable accommodation in the area of education is not recognized and regulations concerning sign language vary across the Länder;
(c) In certain Länder, children at the primary level are assigned to special schools against their parents’ will, the vast majority of pupils with disabilities attend special schools, and a high number of children with disabilities leave school without a diploma.
In the light of article 23 of the Convention and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that the State party:
(a) Pursue the establishment of State-wide inclusive education and ensure that the necessary resources are available, including through the use of the resources available in the special schools;
(b) Undertake all the necessary legislative and structural reforms to ensure that the right to inclusive education is guaranteed to children with disabilities, and that it encompasses the right to individual support and reasonable accommodation in the area of education;
(c) Ensure that children with disabilities and their families have a say when the decision is made about whether the child should attend a special school.
The Committee is concerned about the findings of a recent study undertaken by the State party, according to which girls with disabilities are frequently at risk of violence, including sexual violence.
The Committee recommends that the State party take every necessary measure to prevent all forms of violence against children with disabilities, paying particular attention to the safety of girls with disabilities. In that regard, the Committee recommends that the State party provide particular protection and complaints mechanisms for children with disabilities who have become victims of violence.
The Committee notes with concern that children with disabilities from migrant families often do not receive the same support as their peers without a migration background, owing to a lack of information and/or their parents’ difficulties in accessing the necessary forms and applications, and/or ignorance or lack of awareness about the disability.
The Committee recommends that the State party take all the necessary steps to ensure that families with children with disabilities who have a migration background are provided with sufficient information and assistance regarding access to support.
The Committee notes that responsibility for the field of education lies almost exclusively with the Länder. However, it is concerned that the various systems have not been harmonized, producing differences among the Länder in important areas. The Committee also notes that in most Länder, the school system is divided into lower, intermediate and academic track schools and it is concerned that the choice has to be made at a very early age and it may be difficult to change tracks later. The Committee also regrets that children from ethnic-minority backgrounds have a significantly weaker record of school achievement; twice the number of children from ethnic-minority backgrounds leave school without qualifications, compared to pupils from non-ethnic minority backgrounds.
Taking into account its general comment No. 1 (2001) on the aims of education, and the recommendations made by the Special Rapporteur on the right to education in the report on his visit to Germany in 2006 (A/HRC/4/29/Add.3), the Committee recommends that the State party:
(a) Adopt the necessary measures to harmonize the school programmes to a greater extent between all the Länder in order to facilitate students’ mobility between Länder;
(b) Undertake a revision of the current education system, whereby students are separated into various tracks at a very early stage, and make it more inclusive;
(c) Allocate sufficient human, technical and financial resources to provide additional support to children from an ethnic-minority background within school facilities.
(26 February 2004, CRC/C/15/Add.226, Concluding observations on second report, paras. 52 and 53)
“The Committee ... is concerned at the lack of adequate services for the education of children with learning difficulties.
“The Committee recommends that the State party: ...
c) further develop services for children with learning difficulties....”
Ghana
(17 March 2006, CRC/C/GHA/CO/2, Concluding observations on second report, paras. 47, 48, 59 and 60)
“While welcoming the establishment of the Community Based Rehabilitation Programme, the Committee remains concerned about the lack of statistics regarding children with disabilities, the limited capacities for early detection and treatment of children with disabilities, the inaccessibility of buildings and transportation and the absence of a policy aimed at inclusion and integration.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee further encourages the inclusion of children with disabilities into the regular educational system and their integration into society, inter alia, by giving more attention to special training for teachers, educating parents and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“... the Committee is concerned about the persisting gender and geographical disparities with regard to access to and quality of education.
“The Committee recommends that the State party: ...
b) improve access to vocational training and informal education for vulnerable groups, including street children, orphans, children with disabilities and child workers;
c) increase enrolment in primary and secondary education and reduce social-economic, regional and gender disparities in the access and full enjoyment of the right to education....”
Greece
13 August 2012, CRC/C/GRC/CO/2-3, Concluding observations: Greece, paras. 50 and 51)
“The Committee notes that the State party has adopted laws and established services and institutions with the aim of supporting children with disabilities, promoting their social participation, including joint learning in schools, and developing their independence. However, the Committee remains concerned that deep-rooted discrimination still exists and that measures for children with disabilities are not carefully monitored, as well as that statistical data on children with disabilities in the State party is still unavailable. It is deeply concerned at the widespread use of institutionalization, which is mainly because of a lack of day-care and community services for children with the most serious forms of disabilities. The Committee is further deeply concerned about the recently reported case of the Children’s Care Centre in Lechaina,regarding children with disabilities living under inhumane and unacceptable conditions, including being systematically sedated and subject to practices such as being tied to their beds, and the use of cage beds due to a shortage of staff.
“The Committee recommends that the State party, in accordance with the Committee’s general comment No. 9 (2006) on the rights of children with disabilities:
(a) Revise and adopt specific legislation in order to fully protect all children with disabilities, and establish a monitoring system that carefully records progress made and identifies shortcomings in implementation;
(b) Provide community-based services that focus on enhancing the quality of life of children with disabilities, meeting their basic needs and ensuring their inclusion and participation;
(c) Make every effort to provide programmes and services for children with disabilities with adequate human and financial resources and periodic monitoring of placement of children with disabilities , and to adopt, as a matter of priority, measures to ensure that no children with disabilities are placed under such inhumane conditions. Furthermore, placement in residential institutions should be the last resort, depending on the needs of the child ;
(d) Equip schools with the necessary facilities for the inclusive education of children with disabilities and ensure that they can choose their preferred school or move between regular schools and special needs schools according to their best interests;
(e) Provide assistance to NGOs working for and with children with disabilities; and
(f) Ensure that residential centres for children and persons with disabilities are adequately staffed and that training is provided for professional staff working with children with disabilities, such as teachers, social workers, and health, medical, therapeutic and care personnel.”
Grenada
11 June 2010, CRC/C/GRD/CO/2 Concluding observations: Grenada Paras. 27, 41, 42, 53 and 54.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance as well as the outcome document adopted at the 2009 Durban Review Conference, taking into account general comment No.1 (2001) on the aims of education.”
The Committee notes with interest the work of the Task Force on Special Education established in 2002 by the Ministry of Education and the development of the Strategic Plan for Educational Enhancement and Development (2006-2015). It also notes other initiatives and programmes to assist children with disabilities, including the existence of two schools for special education in Grenada, of Itinerant Teacher programmes targeting visually impaired and hearing impaired children and of the dedication of a Month of Awareness for persons with disabilities. Nevertheless, the Committee is concerned that access to education for children with disabilities is limited and that the Itinerant Teacher programme covers only a limited proportion of the children with disabilities who could benefit from its services. Furthermore, recalling its previous recommendations (CRC/C/15/Add.121, para.) the Committee regrets that no early identification programmes to prevent disabilities have been developed.”
“The Committee recommends that the State party:
(a) Take all necessary measures to ensure the implementation of legislation providing services for children with disabilities;
(b) Continue and further strengthen its programmes and services for children with disabilities, including through the development of early identification programmes, the broadening of its Itinerant Teacher Programme to cover all children with disabilities in need of its services. In this regard, the State party should ensure that such services receive adequate human and financial resources;
(c) Continue, strengthen and broaden training for professional staff working with children with disabilities, such as teachers, medical, paramedical and related personnel and social workers; and
(d) Proceed with the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
(e) Take into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
“The Committee notes with appreciation the high enrolment rates for primary schools, the introduction of School Attendant Officers responsible for encouraging school attendance on a regular basis and the adoption of the Education Act of 2002, which makes provisions for early childhood education, home education and special education and provides for a curriculum that, inter alia, prepares students for “the opportunities, responsibilities and experiences of adult life”. The Committee notes that full access for all students to secondary education has been implemented in some Parishes and that a school feeding programme is available in all Government primary schools. However, the Committee regrets that:
(a) Twenty-one per cent of enrolled students drop out of school before reaching grade five;
(b) Despite increased enrolment rates, one child in six is not enrolled in secondary school;
(c) While there is a high pre-school enrolment rate in the country, the action plan linked to the State party’s Early Childhood Development Policy is not being systematically implemented;
(d) That early childhood facilities are inadequately staffed and furnished;
(e) There is a trend for children who are accused of crimes to be asked to leave school until the matter is resolved.”
“The Committee recommends that the State party:
(a) Take steps to ensure equal access to education without discrimination, including for pregnant girls and children accused of crimes;
(b) Take all necessary measures to ensure that children complete their schooling, taking concrete action to address the reasons behind non-completion of schooling;
(c) Continue and strengthen efforts to address the high incidence of truancy and drop out rates of boys, particularly from secondary school;
(d) Improve the quality of education by ensuring at the same time that teachers are well-trained and fully qualified;
(e) Ensure that the Early Childhood Development Policy is fully implemented and that pre-school education facilities are provided with the necessary resources so that they are adequately staffed and furnished;
(f) Strengthen the promotion of vocational education and training for children who drop out of primary or secondary school;
(g) Take steps to ensure sufficient and adequate resources to implement a full school curriculum that addresses life skills, human rights and child rights;
(h) Take into account its general comment No. 1 (2001).”
Guatemala
(28th February 2018, CRC/C/GTM/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 8, 13, 30, 31 and 38) 77th Session
“With reference to its general comment No. 19 (2016) on public budgeting for the realization of children’s rights, the Committee recommends that the State party:
(a) Increase budgetary resources for the implementation of children’s rights and, in particular, increase the budget allocated to social sectors and children in disadvantaged situations and for the implementation of measures related to birth registration, chronic malnutrition, health, education, measures to combat violence against children and deinstitutionalization;
(b) Address the inequality faced by, and define budgetary lines for, indigenous and Afro-descendant children, children living in poverty, both in rural and urban areas, migrant and refugee children, children with disabilities and lesbian, gay, bisexual, transgender and intersex children…”
“Noting the structural discrimination of children based on their age and the persistent discrimination and exclusion of girls, indigenous and Afro-descendant children, children with disabilities, migrant, asylum-seeking and refugee children, and lesbian, gay, bisexual, transgender and intersex children and taking into consideration measures to recognize discrimination as a criminal offence, the Committee urges the State party to:
(a) Develop and implement awareness-raising strategies at the community level and in schools, to ensure an attitude of respect for children and their recognition as rights holders, irrespective of their age;
(b) Ensure adequate budget allocation for the implementation of the public policy for coexistence and the elimination of racism and racial discrimination;
(c) Adopt a national strategy with clear benchmarks, indicators and monitoring mechanisms aimed at addressing structural and multiple discrimination against children belonging to the above-mentioned groups in areas such as health, education, social protection and standard of living;
(d) Strengthen measures to tackle poverty and extreme multidimensional poverty among indigenous and Afro-descendant children, prioritizing action at the municipal level.”
“The Committee is deeply concerned:
(a) About multiple and intersectional discrimination against children with disabilities in all areas of life, and lack of access by those children to community services;
(b) That children with disabilities face a high risk of abuse, neglect and violence in all its forms;
(c) That institutionalization is used as a main measure in cases of poverty, neglect, violence or family separation;
(d) About the prevalence of segregated special education for children with disabilities and insufficient teacher-training programmes.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, and recalling the recommendations that the Committee on the Rights of Persons with Disabilities addressed to the State party (see CRPD/C/GTM/CO/1, para. 24), the Committee urges the State party to:
(a) Adopt a human rights-based model of disability and set up a comprehensive strategy for the inclusion of children with disabilities in society, encompassing, inter alia, the development of accessible services, including health, education, social protection and support services;
(b) Ensure that antidiscrimination legislation and policies include measures to tackle multiple and intersectional discrimination against children with disabilities;
(c) Adopt measures to prevent abuse and neglect of, and violence against, children with disabilities;
(d) Ensure that all children with disabilities are able to live in a family setting, on an equal basis with other children, and adequately train foster parents for that purpose;
(e) Immediately set up a comprehensive strategy aimed at ensuring full access by children with disabilities to inclusive education, and develop guidelines aimed at providing support for children with disabilities in education.”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of target 4.a of the Sustainable Development Goals on building and upgrading education facilities that are child, disability and gender sensitive and providing safe, non-violent, inclusive and effective learning environments for all, the Committee recommends that the State party:
(a) Adopt a strategy aimed at increasing the enrolment of children in primary, secondary school and preschool, in particular those living in areas with high levels of multidimensional poverty;
(b) Develop programmes aimed at improving the quality of education, and seek technical cooperation and assistance for the training of teachers and for access to education technologies;
(c) Take measures to tackle school dropout, bearing in mind the barriers to access to education that affect indigenous girls.”
(25 October 2010, CRC/C/GTM/CO/3-4, Concluding observations: Guatemala, paras. 9, 68 and 69)
“The Committee also welcomes the ratification of the following international treaties:
[...] (b)The Convention on the Rights of Persons with Disabilities and its Optional Protocol (2009).
“The Committee is concerned at the limited access to education, health, community and cultural life and services for children with disabilities, as well as at the lack of sufficient measures undertaken by the State party in this regard.
“The Committee recommends that the State party guarantee the rights of all children with disabilities in order to prevent them from becoming victims of abuse, exclusion and discrimination and to give them the necessary support to enable them to exercise their rights as active members of their communities. The State party should take into account the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
(1 October 2010, CRC.C.GTM.CO.3-4 Concluding Observations: Guatemala Paras. 41, 42, 68, 69, 79, 80, 81, 101 and 102.)
“The Committee recommends that the State party urgently address the situation of discrimination against Maya, Garifuna and Xinca children in its policies and plans for the elimination of racial discrimination, as well as in social development plans, ensuring the sustainability and cultural suitability of these programmes. In light of article 2 of the Convention, the Committee recommends that the State party ensure full implementation in practice of all legal provisions prohibiting discrimination, combat discrimination by, inter alia, ensuring equal access to education, health-care, facilities and poverty reduction programmes, and take measures to address the inappropriate characterization and stigmatization of children and adolescents.”
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the 2009 Durban Review Conference, taking into account the Committee’s general comment No. 1 (2001) on the aims of education (article 29 (1) of the Convention).”
“The Committee is concerned at the limited access to education, health, community and cultural life and services for children with disabilities, as well as at the lack of sufficient measures undertaken by the State party in this regard.”
“The Committee recommends that the State party ensure the rights of all children with disabilities in order to prevent them from becoming victims of abuse, exclusion and discrimination and to give them the necessary support so that are able to exercise their rights as active members of their communities. The State party should take into account the Committee’s General Comment No. 9 (2006) on the Rights of Children with Disabilities.”
“The Committee welcomes the Governmental agreement No. 22-2004, which establishes the comprehensive application of bilingual education and the compulsory use of national languages in instruction. Under this agreement, the teaching and practice of multiculturalism and interculturalism in the classroom in Mayan languages, Garifuna or Xinca and/or Spanish is compulsory.”
“The Committee also notes with satisfaction that Article 37 of the PINA Law provides for free and compulsory education up to the last grade of secondary education, as well as the free school program launched in 2009. It is however concerned that the increased demand for education has not been met with adequate educational infrastructure, human and technical resources. The Committee is also concerned at the very low rate of school retention.”
“The Committee recommends that the State party:
(a) Ensure gratuity of education in practice as well as a sufficient number of schools, school materials and adequately trained teachers;
(b) Take all the necessary measures to ensure that children complete primary and secondary school by taking concrete action to address the reasons behind non-completion of schooling; and
(c) Take into account the Committee’s general comment No. 1 (2001) on the aims of education.”
“The Committee is concerned at the exclusion of Maya, Garifuna and Xinca children in relation to access to basic services necessary for their comprehensive development, such as registration in the civil registry, health services and education adapted to their culture, history and languages, the difficult access to land and the lack of respect of their traditional territories …”
“The Committee recommends that:
(a) The State party ensure that indigenous children are registered in the civil registry, and that they receive health services and education adapted to their culture, history and languages
(c) The State party should provide relocation sites equipped with basic utilities, such as drinking water, electricity, and washing and hygiene facilities, and with appropriate services, including schools, health-care centres and means of transportation. In this regard, the Committee reiterates the recommendation expressed by the Committee on the Elimination of Racial Discrimination …”
Guinea
(13 June 2013, CRC/C/SR.1764 and CRC/C/SR.1765, Concluding observations on the second periodic report, paras. 35, 36, 37, 63, 64, 71, 72, 73, 74, 79, 80, 81, 82)
“The Committee acknowledges the State party’s efforts to eliminate discrimination against children in situations of vulnerability, including children with disabilities, children living in rural areas, children living in poverty, refugee children and children born out of wedlock. The Committee, however, notes with concern that these measures remain insufficient to significantly improve education and health service delivery to these children.”
“The Committee expresses serious concern that girls are still subjected to gender- based discrimination from the earliest stages of their life through their childhood due to the persistence of adverse and traditional attitudes and norms. The Committee is also concerned that no systematic efforts have been undertaken, including with religious leaders, opinion makers, and the mass media, to combat and change discriminatory attitudes and practices concerning the tasks and roles of women and girls.”
“The Committee urges the State party to adopt and implement a comprehensive strategy addressing all forms of discrimination, and ensuring that all children have equal access to education and health services while ensuring that both girls and boys have access to inheritance. Particular emphasis should be put on promoting the rights of girls, children with disabilities, children living in rural areas, children living in poverty, refugee children and children born out of wedlock.”
“The Committee welcomes the ratification of the Convention on the Rights of Persons with Disabilities in 2008 and notes with satisfaction the elaboration of as strategy of education for children with disabilities. However, the Committee regrets that the implementation of the aforementioned strategy has not resulted in improved access to basic social services, notably in the areas of education and health for children. The Committee is further concerned that there is only one secondary school facility accessible to children with disabilities in the State party.”
“In the light of its General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/2006/9) the Committee urges the State party to ensure that children with disabilities fully enjoy their rights under the Convention in particular their right to health, education and adequate standard of living. The Committee encourages the State party to allocate the necessary resources for effective implementation of the national strategy with a view to guaranteeing to all children with disabilities, in particular those living in rural areas, access to education and health care, opportunities for play and culture, family life, protection from violence, an adequate standard of living and the right to be heard.”
“…The Committee is also concerned that social programmes targeting families in the most vulnerable situations such as free education and health services hardly reach the poorest children and that these programmes rely heavily on international cooperation and international NGOs.”
“The Committee urges the State party to strengthen its efforts to eradicate poverty and to this end, to address the root causes and structural determinants of poverty. The Committee also urges the State party to:…
(d) Take all the necessary measures to increase education and apprenticeship opportunities for children in order to keep families out of poverty in a sustainable manner.”
“While noting the adoption of the National Policy on Pre-school Education and Child Protection (2007), the Committee is, however, concerned at the limited budgetary allocations to that sector and that one third of children remain completely deprived of access to education. The Committee is particularly concerned that:
(a) The disparity in schooling between boys and girls remains an important challenge in all indicators related to education as are disparities between rural and urban environments, and between regions and prefectures;
(b ) Even though public school tuition is free, parents must still pay for books and uniform;
(c) Only one child in every 5 ends primary school at the required age of 12; the teacher/pupil ratio remains high, 44.1 for primary and 35 for secondary education; giving teachers less time to devote to students thereby reducing the quality of education;
(d) Poor hygiene facilities pose major problems for children, especially girls;
(e) Private schools are not regulated; and children in Koranic schools are often forced by their teachers to beg or work in fields; and…”
“The Committee urges the State party to:
(a) Ensure that education is effectively free for all children in the State party without hidden costs;
(b) Allocate increased resources to the education sector in order to improve, expand, build and reconstruct adequate school facilities and infrastructure throughout the State party, and create a truly inclusive educational system welcoming children with disabilities as well as children from all minorities;
(c) Increase education funding allocations to the poorest, most conflict- affected and remote districts so as to ensure equitable access to education including pre-school for all children, including the most vulnerable and disadvantaged children;
(d) Take active measures to promote the right of girls to education through social mobilization campaigns;
(e) Improve the quality of education by reducing the teacher/pupil ratio and take all measures to ensure that children complete their schooling, including concrete action to address the reasons behind failure to complete schooling; and
(f) Enforce professional standards and guidelines to be adopted in both public and private Koranic schools.”
“The Committee reiterates its concern (CRC/C/15/Add.100, para. 32) at the large number of children who are involved in labour activities, including in the informal sector, in agriculture, in the fishing industries and in domestic labour. The Committee is also concerned that different minimum ages of employment are applied when parents or legal guardians consent to the economic activities of children.
The Committee is particularly concerned that:
(a) Children work in mines, agriculture and the fishing industries, for long hours in hazardous conditions; and
(b) Girls as young as 5 years who perform domestic labour and carry heavy loads, are often not paid for their work and are subject to emotional, physical and sexual abuse.”
“The Committee recommends that the State party:
(a) Fix strict age limits for children engaged in labour activities, including in the informal and private sectors, according to ILO Convention No. 138 and enforce mechanisms to control, investigate and prosecute violations of the law;…
(d) Provide educational opportunities for children who must work for their family’s survival;…”
“The Committee is concerned at the growing number of children who are forced to live and work on the streets and at the lack of statistical information available on children in street situations. The Committee is further concerned that these children do not have access to any form of education and are vulnerable to various types of abuse and exploitation.”
“The Committee recommends that the State party develop and implement a comprehensive holistic strategy, with the active participation of street children themselves, NGOs and other relevant professionals, to address the root causes of the phenomenon of children in street situations, with the aim of eliminating it.”
Guyana
(18 June 2013, CRC/C/GUY/CO/2-4, Concluding observations on the combined second to fourth periodic reports of Guyana, adopted by the Committee at its sixty-second session, paras. 45, 46, 57, 58)
“The Committee welcomes the adoption of the 2010 Persons with Disabilities Act and the implementation of the National Commission on Disability Strategic Plan for 2008– 2011. However, the Committee is concerned that:
(a) There is a lack of detailed and disaggregated data hindering the State party formulating and taking effective measures to address the needs of children with disabilities;
(b) Societal discrimination against children with disabilities remains widespread;
(c) Accessible health treatment and rehabilitation services for children with disabilities are extremely limited in the hinterland;
(d) Inclusive education and training of teachers for its provision remain severely limited, particularly for children with sensory, cognitive, and/or mental impairments, which leads to the majority of children with disabilities staying at home, resulting in isolation, stigmatization and compromised access to employment opportunities and social services.
“In the light of its general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9), the Committee urges the State party to ensure conformity of its legislation, policies and practices with, inter alia, articles 23 and 27 of the Convention with the aim of effectively addressing the needs of children with disabilities in a non-discriminatory manner. Furthermore, the Committee recommends that the State party:
(a) Undertake measures for compiling and analysing data that is disaggregated by, inter alia, age, gender, ethnicity, geographic location and socio-economic background on children with disabilities with a view to using such data to formulate policy and measures for meeting their needs;
(b) Undertake long-term awareness-raising programmes in order to combat negative societal attitudes prevailing against children with disabilities;
(c) Allocate adequate human, technical and financial resources for ensuring the availability of health and rehabilitation services for children with disabilities, and in doing so prioritize addressing the situation in the hinterland;
(d) Ensure that children with disabilities effectively enjoy their right to education, and provide for their inclusion in the mainstream education system to the greatest extent possible, including by developing a disability education action plan to specifically identify current inadequacies in resources, and to establish clear objectives with concrete timelines for the implementation of measures to address the educational needs of children with disabilities; and in doing so, pay particular attention to increasing capacity for children with hearing impairments and autism; and
(e) Consider ratifying the Convention on the Rights of Persons with Disabilities which it signed in April 2007.
Education, leisure and cultural activities (arts. 28, 29 and 31 of the Convention)
Education, including vocational training and guidance
“The Committee notes as positive the State party’s 2008-2013 Education Strategic Plan and the 2011 School Retention and Child Labour Prevention Programme and welcomes the achievement of almost universal primary education and the present focus on secondary enrolment. However, the Committee is concerned about:
(a) The low quality of education and shortage of trained teachers;
(b) The high rates of student withdrawal from schooling, particularly in the transition between primary and secondary schools as well as from the latter;
(c) The significant disparities along regional, socio-economic, ethnic and gender lines at the secondary level of education.
“Taking into account its general comment No. 1 on the aims of education (CRC/GC/2001/1), the Committee recommends that the State party:
(a) Allocate adequate human, technical and financial resources for improving teacher training and the quality of education;
(b) Assess the underlying reasons for failure to complete schooling, and on that basis undertake measures to ensure that children complete their schooling, including concrete action to review school curricula to make them relevant to the pupils’ lives; and
(c) Undertake targeted measures for improving the accessibility of education in rural and hinterland areas and for children with special needs.
(26 February 2004, CRC/C/15/Add.224, Concluding observations on initial report, paras. 39, 40, 47, 48 and 57)
“... the Committee remains concerned at the societal discrimination experienced by children with disabilities, the inaccessibility of buildings and transportation for them, the absence of an inclusive policy and the situation of children with disabilities in remote areas who are doubly disadvantaged.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of the children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party ensure that the National Policy on the Rights of People with Disabilities addresses children’s rights, taking into account the provision for non-discrimination, accessibility to all services, including public buildings and transportation, and integration into mainstream education and that it specifically addresses the situation of children in remote areas.
“... the Committee remains concerned at the high dropout rates, especially among boys, which are influenced by the economic situation of the families. The Committee is also concerned at the decrease in the quality of education, teacher availability and training and at the widening of educational disparities in the hinterland regions.
“The Committee recommends that the State party:
a) continue to strengthen measures aimed at increasing enrolment rates in primary and secondary education and to further increase attempts to bring dropouts back to school and other training programmes;
b) ensure that pregnant teenagers are given an opportunity to complete their education....
“The Committee is concerned at the living conditions of Amerindian children with regard to the full enjoyment of all rights enshrined in the Convention, especially the degradation of their natural environment and the fact that they are not taught in their own languages.”
H
Haiti
(18 March 2003, CRC/C/15/Add.202, Concluding observations on initial report, paras. 50, 51, 52 and 53)
“The Committee notes that a colloquium, held in 1999, adopted recommendations regarding children with disabilities to be implemented by the State party, but remains concerned at the absence of a comprehensive strategy for children with disabilities, at the lack of data and at the insufficient measures taken by the State party to ensure effective access of these children to adequate health services, education and social services, and to facilitate their full inclusion in society....
“The Committee recommends that the State party: ...
b) collect data on disabled children in order to review their situation in terms of their access to suitable health care, education services and employment opportunities;
c) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339)....
“... The Committee further welcomes the increasing budget allocated to education, as well as the establishment of the National Committee for the Education of Girls. However, the Committee is concerned at the still low enrolment ratios, and the disparities in enrolment between girls and boys and between rural and urban areas.... The Committee is also concerned that pregnant girls are excluded from schools....
“In the light of articles 28 and 29 and other relevant provisions of the Convention, the Committee recommends that the State party: ...
b) continue its efforts to ensure that all children, especially girls, have equal access to educational opportunities, paying special attention to those living in rural and remote areas;
c) take the necessary measures to guarantee access to adapted and adequate curricula designed for vulnerable children like street children, restaveks and over-age children or adolescents....”
Holy See
(25 February 2014, CRC/C/VAT/2, Concluding observations on the second periodic report, paras. 25, 26, 27, 28)- 65th Session
The Committee welcomes the information provided by the delegation of the Holy See during the interactive dialogue that it has initiated a review of its legislation with a view to withdrawing the discriminatory expression “illegitimate children”, contained in the Canon Law, in particular Canon 1139. While also noting as positive the progressive statement delivered by the Pope in July 2013, the Committee is concerned about past statements and declarations made by the Holy See on homosexuality, which contribute to the social stigmatization of and violence against lesbian, gay, bisexual, and transgender adolescents and children raised by same sex couples.
The Committee recommends that the Holy See bring all its laws and regulations as well as policies and practices into conformity with article 2 of the Convention and promptly abolish the discriminatory classification of children born out of wedlock as illegitimate children. The Committee also urges the Holy See to make full use of its moral authority to condemn all forms of harassment, discrimination or violence against children based on their sexual orientation or the sexual orientation of their parents, and to support efforts at the international level for the decriminalization of homosexuality.
With reference to its previous concern about gender-based discrimination (CRC/C/15/Add.46, para. 8), the Committee regrets that the Holy See continues to place emphasis on the promotion of complementarity and equality in dignity, two concepts which differ from equality in law and practice provided for in article 2 of the Convention, and which are often used to justify discriminatory legislation and policies. The Committee also regrets that the Holy See did not provide precise information on the measures taken to promote equality between girls and boys and to remove gender stereotypes from textbooks used in Catholic schools, as requested by the Committee in 1995.
The Committee urges the Holy See to adopt a rights-based approach to address discrimination between girls and boys and refrain from using terminology that could challenge equality between girls and boys. The Committee also urges the Holy See to take active measures to ensure that textbooks used in Catholic schools do not contain gender stereotyping that might limit the development of the talents and abilities of boys and girls and undermine their educational and life opportunities.
Honduras
(3rd July 2015, CRC/C/HND/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 25, 26, 39, 40, 58, 59, 70 and 71) - 69th Session
“The Committee welcomes the State party’s measures to integrate the principle of non-discrimination in its legislation and in designing public policies and programmes. The Committee is nonetheless concerned about:
(a) The lack of detailed information on the situation of girls;
(b) The impact of increased poverty and inequality among children, in particular indigenous children and children living in rural areas;
(c) The continued use of sex-based discrimination language in certain laws, institutional plans and programmes for children.”
“The Committee recommends that the State party:
(a) Collect information, disaggregated by sex, on all areas of the Convention;
(b) Take the measures necessary to mitigate the impact of poverty and inequality on the situation of indigenous children and children living in rural areas;
(c) Review its laws, policies and programmes to ensure the effective abolishment of the different classification of boys and girls in law and in practice.”
“The Committee is concerned about the lack of official data on and the limited availability of mechanisms and expertise to provide support for victims of bullying, despite information indicating that Honduras has one of the highest rates of school violence, with 80 per cent of children being affected.”
“The Committee recommends that the State party increase efforts to implement effectively the Standards for Harmonious Coexistence in Public and Private Schools and related initiatives and closely monitor their implementation.”
“The Committee welcomes the adoption of the Public Policy for the Exercise of the Rights of Persons with Disabilities and their Social Inclusion in Honduras, and the prioritization of inclusive education in the Educational Goals for 2021. It is however concerned that almost half of children with disabilities are deprived of education. The Committee is also concerned that although the State party overly relies on non-governmental organizations to ensure the rights of children with disabilities, there has been a decrease in resources provided to those organizations. It is further concerned about the possible negative impact of the decision to merge the Directorate for People with Disabilities with the Directorate for Senior Citizens.”
“Taking into account its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Take urgent measures to ensure that all children with disabilities are effectively enrolled in mainstream schools;
(b) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(c) Train specialized teachers and professionals in inclusive education and assign them to inclusive classes providing individual support and all due attention to children with disabilities;
(d) Review the situation of children enrolled in the special education system with a view to integrating them into the mainstream education system as soon as possible;
(e) Increase the resources allocated to organizations that provide services for children with disabilities;
(f) Monitor and assess the impact of the new directorate on the protection of the rights of children with disabilities.”
“The Committee welcomes the significant progress made by the State party to improve access to education. However, it is concerned about:
(a) The decrease in financial allocations to education in relation to the central budget;
(b) The high dropout rate, in particular in rural and indigenous areas;
(c) The low enrolment rate in preschool and secondary education, in particular in rural and indigenous areas.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Increase the State budget dedicated to education to improve accessibility and the quality of education;
(b) Reduce dropout rates, in particular in rural, remote and indigenous areas;
(c) Continue to support preschool education and substantially increase access to secondary education.”
(3 May 2007, CRC/C/HND/CO/3, Concluding observations on third report, paras. 31, 32, 56, 57 and 67)
“... The Committee is also concerned at the persistence of traditional patriarchal cultural attitudes that discriminate against girls, thus making them more vulnerable to human rights violations.
“The Committee urges the State party to: ...
b) combat discrimination by ensuring equal access to education, health-care facilities and poverty alleviation programmes and pay special attention to the situation of girls; ...
“The Committee notes the enactment in October 2005 of the Law for Integral and Equal Development for the Disabled, and welcomes the work of CONAMED (National Council for the Care of Disabled Children). But it expresses concern that this body enjoys limited support. The Committee is also concerned at the general situation of children with disabilities, and especially concerned that very limited infrastructure exists for their car, and that a very high percentage of children with disabilities do not attend primary school and do not complete any level of education.
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 9 on the Rights of Children with Disabilities and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96):
a) pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible, and facilitate their inclusion in the mainstream education system; ...
g) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification.
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (2001): ...
d) increase educational opportunities for indigenous children, inter alia by continuing to provide bilingual education, where necessary....”
Hungary
(3rd March 2020, CRC/C/HUN/CO/6, Concluding observations on the sixth periodic report, paras 16, 29, 30, 35 and 36) - 83rd Session
“With reference to target 10.3 of the Sustainable Development Goals and recalling its previous recommendations (CRC/C/HUN/CO/3-5, para. 20), the Committee urges the State party:
(a) To implement its laws that prohibit discrimination against children in marginalized and disadvantaged situations, such as girls, children with disabilities, Roma children, migrant and unaccompanied children and lesbian, gay, bisexual, transgender and intersex children, and to take measures to educate the public about equality and non-discrimination and to expand its programmes in schools;
(b) To strengthen its measures aimed at eliminating discrimination against Roma children, through the adoption of a national action plan with a particular focus on education, health, child protection services and housing, and to increase support to the anti-segregation working groups created in 2017;
(c) To strengthen the work of the Equal Treatment Authority to address discrimination against children with disabilities and Roma children;
(d) To ensure that the mandatory review of equal opportunity plans in public education takes place at least every three years, as per government decree 229/2012 (30.VIII), which came into effect in April 2018.”
“The Committee is seriously concerned about:
(a) Children with disabilities being deprived of their families and living in institutions, children’s homes and small group homes;
(b) The insufficient measures to end the institutionalization of children with disabilities and to promote accessible health and rehabilitation services, transport, leisure and sports to ensure their inclusion in the community;
(c) Cases of child sexual abuse and maltreatment of children with disabilities in institutional care, such as at Topház Special Home, Kossuth Zsuzsa children’s home in Bicske and the children’s home in Zalaegerszeg;
(d) The inadequate provision of State care services to children with disabilities;
(e) The lack of information on the situation of Roma children with disabilities;
(f) The continuing stigma endured by children with disabilities.”
“Recalling its previous recommendations (CRC/C/HUN/CO/3-5, para. 45), the Committee urges the State party:
(a) To strengthen its efforts to support the families of children with disabilities, including through financial assistance, so that they can provide adequate care for their children and ensure their integration in the community;
(b) To rapidly phase out the institutionalization of children with disabilities and urgently close Topház and other institutions that do not comply with the required standards, while increasing access to community services that are inclusive of children with disabilities, particularly health and rehabilitation services, transport, leisure and sports, in order to promote their inclusion in society;
(c) To provide adequate training to child protection workers on the rights and needs of children with disabilities;
(d) To ensure that reporting of cases of violence, abuse and neglect of children with disabilities is mandatory for all persons working with them, to ensure access to judicial remedies and redress for children with disabilities, to strengthen the independent monitoring of psychiatric hospitals and other institutions where children with disabilities are institutionalized, and to ensure access to independent lawyers and human rights defenders for the provision of legal aid and counselling;
(e) To conduct a study on the rights of Roma children with disabilities;
(f) To conduct awareness-raising campaigns to combat stigmatization of and prejudice against children with disabilities and promote a positive image of children with disabilities, their recognition as rights holders and respect for their dignity and evolving capacities on an equal basis with other children.”
“The Committee welcomes the introduction of early childhood education from the age of 3 years, the creation of the working group on diversity education, and the creation of the MONDO card game and the “Wise Up!” programme to teach children about their rights. However, the Committee is seriously concerned about:
(a) The number of students leaving school early, most of them from disadvantaged backgrounds;
(b) The allocation of public schools to religious communities (church-run schools) in some settlements, which can contribute to segregation based on religion or belief;
(c) The continuing segregation of Roma children in special education, the increased gap in attainment between Roma and non-Roma children at different levels of education, and the lack of official data on Roma children in education;
(d) The bullying, abuse and exclusion faced by children in schools, in particular lesbian, gay, bisexual, transgender and intersex children;
(e) The fact that the methods of discipline used in schools do not always comply with the legal requirement that children are to be protected from physical and mental violence.”
“The Committee, recalling its previous recommendations (CRC/C/HUN/CO/3-5, para. 53), urges the State party to:
(a) To re-establish compulsory education until the age of 18 years to prevent children leaving school early;
(b) To limit the allocation of public education services to religious groups in order to avoid segregation;
(c) To strengthen efforts to eliminate discrimination against Roma children in schools, to take prompt measures to close the gap in attainment between Roma and non-Roma children in primary education, and to collect data on the situation of Roma children in education to inform policy measures;
(d) To intensify its efforts to prevent and address bullying in schools, including online bullying, and to provide support to child victims, in particular lesbian, gay, bisexual, transgender and intersex children;
(e) To ensure that the legal protection of children in schools against physical and mental violence is strictly upheld.”
(3rd November 2014, CRC/C/OPSC/HUN/CO/1, Concluding observations on the report submitted by Hungary under article 12, paragraph 1 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 11, 12, 15 and 16) - 67th Session
“The Committee welcomes the detailed statistics provided on the reports, investigations and prosecutions of and sentences handed down to perpetrators of numerous crimes relevant to the Optional Protocol. It notes that, even though the statistics are disaggregated to a certain extent by sex and age, they are not fully disaggregated on the basis of other criteria, such as socioeconomic origin, nationality, urban and rural residence or ethnic origin.”
“The Committee recommends that the State party ensure that data relevant to the Optional Protocol are consistently disaggregated by, inter alia, age, sex, socioeconomic origin, nationality, ethnic origin and urban and rural residence, and systematically collected on all crimes covered by the Optional Protocol. The data should be analysed and utilized as essential tools for assessment, policy development, implementation, monitoring and evaluation of preventive measures. The Committee also recommends that the State party provide in its next periodic report information on statistics for all crimes under the Optional Protocol.”
“The Committee notes the information provided by the State party on numerous training sessions and seminars attended by judges, police officers, prosecutors and other investigating bodies. It is concerned, however, that the majority of such activities seem to be organized by non-governmental organizations and financed by international donors, and do not target children who are at risk of becoming victims to offences under the Optional Protocol. It is also concerned that the State party has not assessed the impact of such training activities on tackling the issues under the Optional Protocol.”
“The Committee recommends that the State party take the measures necessary to organize continuous and systematic dissemination and awareness-raising activities on the Optional Protocol throughout the country. These activities should involve children who belong to marginalized and disadvantaged groups and are at greater risk of becoming victims to offences under the Optional Protocol. It also recommends that the State party conduct regular assessment of its training activities for judges and law enforcement personnel to ensure that their knowledge is effectively translated into practice.”
“The Committee notes the measures taken by the State party to prevent trafficking in human beings in general, but is concerned that there are no mechanisms in place to identify and monitor children at risk of becoming victims to the offences under the Optional Protocol. In particular, the State party lacks programmes that target specifically children in vulnerable and marginalized situations.”
“The Committee encourages the State party to establish a mechanism to identify and monitor children in vulnerable situations who are at risk of becoming victims to the offences under the Optional Protocol, and to establish special programmes targeting Roma children, children living in poverty, children affected by migration, children in institutions and other children in vulnerable and marginalized situations.”
(3rd November 2014, CRC/C/OPAC/HUN/CO/1, Concluding observations on the report submitted by Hungary under article 8, paragraph 1 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 6, 7, 12 and 13) - 67th Session
“The Committee regrets the lack of data on asylum-seeking, refugee and migrant children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party establish a mechanism for the comprehensive collection of data, disaggregated by sex, age, nationality and ethnic origin, on asylum-seeking, refugee and migrant children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee notes that Act LXXX on Asylum of 2007 defines the notion of a “person in need of special treatment” and prioritizes asylum applications of unaccompanied children. Nevertheless, the Committee is concerned at the lack of mechanisms in place to identify at an early stage refugee, asylum-seeking and migrant children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party put in place mechanisms to identify at an early stage refugee, asylum-seeking and migrant children coming from countries where there are or have been armed conflicts and who may have been involved in hostilities. It also recommends that the State party ensure that the personnel responsible for such identification are trained in children’s rights, child protection and interviewing skills. The Committee further recommends that the State party develop protocols and specialized services to ensure that such children are provided with appropriate assistance for their physical and psychological recovery and social reintegration.”
14th October 2014, CRC/C/HUN/CO/3-5, Concluding observations on the combined third, fourth and fifth periodic reports, paras 19, 20, 44, 45, 53 and 54) - 67th Session
“The Committee notes that Act C of 2012 criminalizes acts that are racially motivated, and acknowledges programmes and projects to promote tolerance among schoolchildren. However, the Committee is concerned about the still-prevalent discriminatory attitude of the public against children in marginalized and disadvantaged situations — such as children with disabilities, children living in family forms other than heterosexual marriage, children belonging to ethnic or religious minorities, children with different sexual identities, and migrant and unaccompanied children — which has been exacerbated by the economic crisis and poverty. Furthermore, the Committee is concerned about the intrinsic gender stereotypes in the society, which have a significant negative effect on girls.”
“The Committee urges the State party to implement its laws that prohibit discrimination against categories of children in marginalized and disadvantaged situations, such as children with disabilities, children born out of wedlock or living with same-sex parents, children belonging to the Roma or Jewish minorities, migrant and unaccompanied children, lesbian, gay, bisexual, transgender or intersex children, and girls, and to take measures to educate the public about equality and non-discrimination and to expand its programmes in schools. The Committee further recommends that the State party include information in its next periodic report on measures and programmes relevant to the Convention and undertaken by the State party in follow-up to the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance as well as the outcome document adopted at the 2009 Durban Review Conference.”
“The Committee is concerned at the:
(a) Insufficient support, including financial assistance, provided to families with children with disabilities;
(b) Widespread institutionalization of children with disabilities;
(c) Insufficient steps taken to develop a system of inclusive education for children with disabilities and to provide reasonable accommodation within educational institutions;
(d) Shortage of early development programmes for children with mental disabilities and complex disabilities, in places outside the capital;
(e) Insufficient access to educational institutions for children with autism;
(f) Lack of information on Roma children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights o
f children with disabilities, the Committee urges the State party to ensure conformity of its legislation, policies and practices with, inter alia, articles 23 and 27 of the Convention, with the aim of effectively addressing the needs of children with disabilities in a non-discriminatory manner. Furthermore, the Committee recommends that the State party take all necessary measures to:(a) Increase support, including financial assistance, to families with children with disabilities in order to enable such families to provide care and support for their children;
(b) Prevent widespread institutionalization of children with disabilities and ensure sufficient alternative family- and community-based care options for children with disabilities deprived of a family environment;
(c) Provide inclusive education for children with disabilities by training teachers, providing schools with necessary equipment and accommodation and sensitizing the school personnel, schoolchildren and public in general on the rights of children with disabilities;
(d) Ensure that all children with mental disabilities and children with complex disabilities have access to early development programmes, throughout the country;
(e) Remove any barriers to the enrolment of children with autism in regular schools;
(f) Undertake a study on the rights of children with disabilities who are of Roma background and provide the findings from such study in its next periodic report.”
“The Committee welcomes the numerous programmes, and measures taken, under the National Social Inclusion Strategy and the new Public Education Act to provide inclusive education for children from disadvantaged groups, including Roma children. However, the Committee is concerned about the:
(a) Lowering of the compulsory education age from 18 to 16 years;
(b) Continued segregation of Roma children into separate classes and schools, as well as into special remedial schools for children with mental disabilities;
(c) Limited admission of asylum-seeking children into education;
(d) Lack of special integration programmes and intercultural education focused on individual needs for migrant children; and
(e) Limited capacity of the early childhood education and care system.”
“Taking into account its general comment No. 1 on the aims of education, the Committee recommends that the State party:
(a) Reinstate compulsory education until the age of 18 years;
(b) Continue its efforts to provide inclusive education for children belonging to the Roma community in mainstream schools;
(c) Take measures to ensure access to education for all children in the territory of the State party, regardless of the status of their asylum application;
(d) Take measures to respond to the individual needs of each child attending school, by providing extra integration classes and intercultural education, especially for migrant children; and
(e) Increase the capacity and quality of its early childhood education and care establishments.”
(17 March 2006, CRC/C/HUN/CO/2, Concluding observations on second report, paras. 19, 20, 21, 39, 40, 48, 49, 50, 51, 56, 62 and 63)
“Despite legislative advances by way of the Act on Equal Treatment and the Promotion of Equal Opportunities adopted in 2003 and several measures and programmes aiming at the elimination of discrimination, the Committee is concerned that discriminatory and xenophobic attitudes, in particular towards the Roma population, remain prevalent and that especially Roma children suffer from stigmatization, exclusion and socio-economic disparities, notably related to housing, unemployment, access to health services, adoption and educational facilities because of their ethnic status.
“The Committee strongly recommends that the State Party: ...
d) systematically abolish all institutional settings which segregate children based on discriminatory grounds; and
e) expeditiously terminate the practice of withdrawing public responsibility for the education of certain children by assigning them “private” student status.
“The Committee also requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account general comment No. 1 on article 29 (1) of the Convention (aims of education).
“The Committee is concerned about the lack of an inclusion policy and integration mechanisms and inadequate assistance for children with disabilities.
“The Committee recommends that the State party:
a) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993;
b) pursue efforts to ensure that children with disabilities exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system....
“... The Committee notes with regret that the non-attendance of a number of children is not adequately controlled or prevented and that many Roma children leave the school system before graduation, although the Government has established programmes and scholarships in order to further the learning performance of Roma children.
“The Committee, while recognizing certain efforts to reduce segregated education, is concerned that many Roma children are still arbitrarily placed in special institutions or classes. Furthermore, the Committee is concerned that the quality of schools suffers from regional disparities and that access to pre-schools is reportedly limited in regions where poverty is high and Roma population is dominant.
“The Committee recommends that the State party take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, while taking into account general comment No. 1 (2001), when legislation and policies in the area of education are designed. Particular attention should be paid to abolishing segregation in schools that continues to disadvantage Roma children.
“The Committee further suggests that recommendations regarding suitable measures in the field of segregated education as proposed by the Parliamentary Commissioners on Civil Rights and the Parliamentary Commissioner for National and Ethnic Minorities Rights be given due consideration.
“The Committee notes with appreciation that the State party has improved the conditions for refugee and asylum-seeking children by guaranteeing their legal right to education....
“The Committee expresses concern at the continuing problems faced by Roma children that seriously affect the full enjoyment of their rights. In particular, the Committee is concerned about their high drop-out rate from school, which has a negative impact on their education and on their future access to employment.
“The Committee recommends that the State party continue to take measures towards social integration of these children and to combat marginalization and stigmatization of Roma children. Furthermore, additional measures are needed to ensure the full enjoyment of the rights enshrined in the Convention by Roma children, in particular as to their access to education and adequate standard of living.”
I
Iceland
(23 January 2012, CRC/C/ISL/CO/3-4, Concluding observations: Iceland, paras. 34, 35, 46 and 47)
“The Committee welcomes Act No. 22/2006 and the 2007 amendments thereto, providing payment to parents of chronically ill or severely disabled children, and its efforts to integrate children with disabilities into regular schools. However, the Committee is concerned that access to services by children with disabilities may be limited by public allocations. The Committee also regrets lack of data on children with disabilities disaggregated by types of disabilities, age and gender.
“In light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Continue and strengthen measures to include children with disabilities in all areas of life;
(b) Ensure that children with disabilities are provided with all necessary support and services without undue delay and financial constraints should not be an obstacle in accessing services;
(c) Ensure that data collected on persons with disabilities is disaggregated also by the nature of the disability , age and gender ; and
(d) Ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol without delay.
“The Committee welcomes numerous legislative acts adopted by the State party aimed at strengthening the best of interest of the child in education and promoting the welfare of children in schools. However, the Committee is concerned that
(a) the recent cutbacks may leave children with special needs, including children with disabilities, with less attention;
(b) children are often subjected to serious and protracted bullying without satisfactory and clear steps of action taken by school authorities; and
(c) the drop-out of immigrant children from upper secondary schools remains a problem.
“Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Take necessary measures to meet the need of children with special needs, including training for teachers who work with children with special needs, including children with disabilities;
(b) Enhance the measures undertaken to combat all forms of bullying and harassment by improving school regulations on misbehaving and improving the capacity of teachers, all those working at schools and students to accept diversity and improve their conflict resolution skills;
(c) Strengthen measures to address the problem of immigrant children dropouts from upper secondary schools.”
(31 January 2003, CRC/C/15/Add.203, Concluding observations on second report, paras. 23, 32, 36 and 37)
“The Committee recommends that the State party: ...
c) study the situation of immigrant children in the municipalities, especially in the school system, and the effectiveness of measures taken to facilitate their integration;
d) include in its next report measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action, adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking account of General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee welcomes the State party's policy of inclusion of children with disabilities and notes the recently adopted policy relating to chronically ill children, including provisions for health, social security, education and finance....
“The Committee ... is concerned: ...
b) About the high drop-out rates of immigrant children, particularly at the secondary level.
“The Committee recommends that the State party, taking into account the Committee's General Comment No. 1 on the aims of education:
a) explicitly include human rights education, including children's rights, in the curricula of all primary and secondary schools, particularly with regard to development and respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities;
b) strengthen measures to address the problem of immigrant children drop-outs.”
India
(7th July 2014, CRC/C/IND/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 31, 32, 61, 62, 71, 72, 73, 74, 75 and 76) - 66th Session
“The Committee is concerned at the disparity among different groups of children in access to education, health care, safe water and sanitation and other social services and to the enjoyment of the rights enshrined in the Convention. It is also concerned at the persisting discrimination against children from scheduled castes and scheduled tribes, children with disabilities, children with HIV/AIDS, as well as asylum-seeking and refugee children.”
“The Committee recommends that the State party:
(a) Adopt and implement a comprehensive strategy to address all forms of discrimination, including multiple forms of discrimination, against all categories of children in marginalized and disadvantaged situations and ensure adequate human, financial and technical resources to implement it in collaboration with a wide range of stakeholders and involving all sectors of society, with a view to facilitating social and cultural change;
(b) Ensure that children in marginalized or disadvantaged situations, such as children from scheduled castes and scheduled tribes, children with disabilities, children with HIV/AIDS, and asylum-seeking and refugee children, have access to basic services and enjoy their rights under the Convention, and to that end, adopt adequate programmes and assess their results.”
“The Committee is deeply concerned at the high rate of abandonment of children with disabilities by their parents. It is further concerned at the lack of coordination among relevant ministries in planning and implementing programmes for children with disabilities as well as at the State party’s approach to children with disabilities, which is mostly centred on institutional care and medical treatment.”
“In the light of article 23 of the Convention and of the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Develop a national plan of action for children with disabilities which integrates all the provisions of the Convention as well as indicators to measure outcomes and ensure effective coordination among relevant ministries for its implementation;
(b) Allocate adequate human, technical and financial resources to support parents of children with disabilities with the aim of preventing the abandonment of children with disabilities;
(c) Take adequate measures to ensure that children with disabilities fully enjoy their rights as enshrined in the Convention, including access to education, health care and social services;
(d) Conduct awareness-raising and educational campaigns targeting children with disabilities, the public at large and specific groups of professionals, with a view to preventing and eliminating discrimination against children with disabilities throughout the State party.”
“The Committee welcomes the adoption of the Right of Children to Free and Compulsory Education Act, 2009, and the almost-universal enrolment rate of children in Grade 1. However, it is concerned at the high drop-out rates, in particular among children from the scheduled castes and scheduled tribes and girls. The Committee is also concerned about the large number of children who are not in school, the high drop-out rates at Grade 5, poor numeracy and literacy skills, the low quality of education, as well as the shortage of qualified teachers and classrooms.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to fully implement the Right of Children to Free and Compulsory Education Act, 2009, at the federal and state levels, including by, inter alia, drawing up development plans for schools, in compliance with the Act;
(b) Take the necessary measures to improve the quality of education and provide adequate training for teachers, in particular at the state level and in rural areas;
(c) Introduce child-rights education in the school curricula nationwide;
(d) Address various discriminatory practices in the education setting, such as forcing children in marginalized situations to sit at the back of the classroom;
(e) Improve preparedness for schooling and expansion of programmes on early childhood education;
(f) Further adopt specific programmes aimed at decreasing the high drop- out rates and ensure that out-of-school children, child labourers, children in disadvantaged and marginalized situations, as well as girls, are supported and assisted in exercising their right to education;
(g) Improve data and information systems to track out-of-school children, measure quality and learning outcomes and correlate education and child protection data for effective planning and response;
(h) Take measures to increase access by adolescents to secondary education, and develop and promote quality vocational training for children who have dropped out of school to enhance the skills of children.”
“The Committee expresses its serious concern about attacks on school facilities by non-State armed groups and the occupation of schools by the security forces.”
“The Committee urges the State party to use all means to protect schools, teachers and children from attacks, and include communities in the development of measures to better protect schools against attacks and violence. It also urges the State party to prohibit the occupation of schools by its security forces and to urgently rehabilitate and repair damaged schools as necessary.”
“While noting with appreciation the adoption of the National Early Childhood Care and Education Policy in September 2013, the Committee is concerned that the Right of Children to Free and Compulsory Education Act, 2009, does not require the provision of early childhood care and education, and that the Policy has not yet been implemented.”
“The Committee recommends that the State party incorporate early childhood care and education into the Right of Children to Free and Compulsory Education Act as part of the education system, in compliance with the National Early Childhood Care and Education Policy, and allocate sufficient resources for the implementation of the policy at all levels, with the aim of ensuring universal, high-quality early childhood education and care services to all 0 to 6-year-old children.”
(7th July 2014, CRC/C/OPSC/IND/CO/1, Concluding observations on the report submitted by India under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 15, 16, 21 and 22) - 66th Session
“While noting that the State party has developed a child-tracking system for missing children, the Committee is concerned about the lack of a comprehensive system to collect data on all offences under the Optional Protocol, as envisaged in the Integrated Child Protection Scheme launched in 2009-2010, which would enable the State party to identify the extent and the forms of sale of children, child prostitution and child pornography. The Committee also regrets the very limited statistics available, for instance through the National Crime Records Bureau, on offences covered under the Optional Protocol.”
“The Committee urges the State party to:
(a) Develop and implement a comprehensive and systematic mechanism for data collection, analysis, monitoring and impact assessment of all the areas covered by the Optional Protocol;
(b) Ensure that data are systematically collected on all crimes covered by the Optional Protocol, and on children in vulnerable situations who are at risk of becoming victims of such crimes. The data should be disaggregated by, inter alia, sex, age, national and ethnic origin, state or autonomous region, rural or urban residence, indigenous and socioeconomic status, with particular attention to children living in the most vulnerable situations;
(c) Ensure that data are also collected on the number of prosecutions and convictions, disaggregated by the nature of the offence;
(d) Analyse and use the data collected as a basis for designing policies to implement the Optional Protocol, assessing progress achieved towards this objective and for the purposes of prevention;
(e) Establish a system of common indicators for collecting data on the various states and union territories.”
“While noting that the State party has carried out awareness-raising activities, such as developing a communication strategy on prevention of trafficking of children for commercial sexual exploitation, the Committee is concerned at the lack of systematic and comprehensive activities aimed at raising awareness of and disseminating the Optional Protocol in the State party, which has contributed to a low level of understanding and awareness among the public in general, as well as children and professionals working with and for children.”
“The Committee recommends that, further to article 9, paragraph 2, of the Optional Protocol, the State party make the provisions of the Optional Protocol widely known among the public, particularly among all professionals working with and for children, including through appropriate media and educational campaigns, programmes and training focusing on, among others, preventive measures and the harmful effects of all the offences covered therein.”
“The Committee notes the State party’s efforts to prevent offences covered by the Optional Protocol. However, the Committee regrets that preventive measures remain inadequate and fragmentary, in particular in relation to the prevention of child prostitution and child pornography. In particular, the Committee is concerned about:
(a) The inadequacy of the mechanisms in place to detect, identify and monitor children at risk of becoming victims of the offences under the Optional Protocol, such as children from scheduled castes and scheduled tribes, children deprived of their family environments, children in street situations, children subject to child marriages and children of sex workers;
(b) The insufficiency of measures taken to address the root causes and contributing factors that lead to the vulnerability of children in relation to the offences under the Optional Protocol, such as gender discrimination, cultural stereotypes, poverty, displacement and unsafe migration;
(c) The prevalence of culturally sanctioned harmful practices, such as the practice of devadasi or bride purchasing;
(d) The inadequate protection of boys and intersex children from sexual abuse and exploitation;
(e) The lack of information both in the report and during the dialogue, on programmes aimed at preventing the illegal transfer of organs of children for profit, sale of children and the engagement of children in child prostitution and child pornography, and on the impact of such programmes.
“The Committee urges the State party to:
(a) Establish effective mechanisms to identify and monitor children at risk of becoming victims of the offences under the Optional Protocol;
(b) Carry out research on the nature and extent of the sale of children, child prostitution and child pornography, in order to identify the root causes and their extent, and adopt a comprehensive and targeted approach to address all the offences under the Optional Protocol;
(c) Strengthen its efforts to eliminate culturally sanctioned harmful practices that amount to the sale of children, paying particular attention to groups of children who are in the most vulnerable situations;
(d) Ensure that prevention strategies incorporate key actions to address protection of boys and intersex children from sexual abuse;
(e) Strengthen technical cooperation with, inter alia, UNICEF and other international organizations and agencies in view of more effective prevention in the areas covered by the Optional Protocol.”
(7th July 2014, CRC/C/OP AC/IND/CO/1, Concluding observations on the report submitted by India under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 18, 19, 22, 23, 24, 25, 26 and 27) - 66th Session
“The Committee notes with concern the lack of data and statistics on most areas covered by the Optional Protocol.”
“The Committee recommends that the State party:
(a) Develop and implement a comprehensive system of data collection, analysis, monitoring and impact assessment of all the areas covered by the Optional Protocol;
(b) Ensure that the data are disaggregated, inter alia, by sex, age, national and ethnic origin, state or autonomous region, rural or urban residence, indigenous, socioeconomic status, with particular attention to the most vulnerable groups of children;
(c) Analyse and use the data collected as a basis for designing policies to implement the Optional Protocol and assessing progress achieved towards that objective;
(d) Seek assistance from the relevant United Nations agencies and programmes, including the United Nations Children’s Fund (UNICEF), in that regard.”
“The Committee is deeply concerned at the phenomena of children under 18 years of age being recruited by various non-State armed groups and their use in hostilities in the disturbed districts in the north-eastern states, in areas where Maoist armed groups are operating and in Jammu and Kashmir. The Committee is further concerned at the practice of forced recruitment of children from families of poor and marginalized segments of society by non-State armed groups in the disturbed districts.”
“The Committee urges the State party to expeditiously enact legislation that prohibits and criminalizes the recruitment and use of children under the age of 18 years in hostilities by non-State armed groups. The Committee further urges the State party to take all necessary measures to prevent and eliminate the root causes of forced recruitment of children from families of poor and marginalized segments of society by non-State armed groups in the disturbed districts. Those measures should include implementing awareness-raising programmes addressing the root causes of forced recruitment, enabling schooling for such children, and establishing a monitoring and reporting system for parents and families to report any forcible recruitment of children.”
“The Committee is concerned that children as young as 13 years of age are enrolled in military colleges and schools and that they participate in basic military training involving firearms. The Committee is also concerned that no concrete information on their military status in case of mobilization or clashes with armed opposition groups or other emergency situations, minimum service time and conditions for early discharge has been provided. It is further concerned that there are no independent and confidential reporting mechanisms in such colleges and schools.”
“The Committee recommends that the State party:
(a) Take measures to ban military-type training, including on the use of firearms, for all children under the age of 18 at military schools. Those recruited to a military establishment should have a birth certificate or other document enabling age verification;
(b) Establish regular monitoring of military schools to ensure that the school curriculum and the teaching personnel comply with the Optional Protocol;
(c) Ensure that children who study in military schools are considered as civilians until they turn 18;
(d) Ensure that children under the age of 18 who are admitted to cadet schools and higher military institutes are not subjected to military discipline;
(e) Set up independent, confidential and gender-sensitive mechanisms for complaints and investigation that are accessible to children in military colleges and schools, in order to monitor the welfare of and investigate complaints by children in such programmes.”
“While welcoming that the Central Board of Secondary Education has taken steps to introduce a human rights course for military schools, the Committee regrets the lack of programmes systematically incorporating human rights and peace education into school curricula.”
“With reference to its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party take effective measures to include peace education in school curricula and encourage a culture of peace and tolerance within schools. It also encourages the State party to include human rights and peace education in the training of teachers.”
(26 February 2004, CRC/C/15/Add.228, Concluding observations on second report, paras. 29, 56,57, 64, 65, 71 and 81)
“The Committee welcomes the National Plan of Action for the Girl Child and the Platform for Action, but is deeply concerned at the persistence of discriminatory social attitudes and harmful traditional practices towards girls, including low school enrolment and high dropout rates....
“... Concern is also expressed at the limited facilities and services for children with disabilities and at the limited number of teachers trained to work with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion into the educational system and generally within society. The Committee also notes with concern that inadequate resources have been allocated to special education programmes for children with disabilities.
“In line with its previous recommendations (ibid., para. 47) and in light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (see CRC/C/69), it is recommended that the State party: ...
d) establish special education programmes for disabled children and include them in the regular school system to the extent possible; ...
g) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, WHO.
“The Committee welcomes the adoption of the Constitution (86th Amendment) Act, 2002 providing for free and compulsory education for all children aged 6-14, the continued efforts of the State party to increase girls’ enrolment in school and the Midday Meal Scheme. While noting an increased enrolment rate, the Committee is seriously concerned that 60 million children do not attend primary school. The Committee is further concerned at the high, although decreasing, level of illiteracy and the striking disparities in terms of access to education, attendance at primary and secondary school and dropout rates between boys and girls. The Committee is also concerned that striking disparities regarding these rates also exist between different states, between rural and urban areas, and between the affluent and the poor and disadvantaged groups....
“The Committee recommends that the State party: ...
b) strengthen its efforts to progressively ensure that that all girls and boys, in urban, rural and least developed areas and children belonging to Scheduled Castes and Tribes, have equal access to educational opportunities....
“In light of article 22 of the Convention, the Committee recommends that the State party consider acceding to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and adopt comprehensive legislation to ensure adequate protection of refugee and asylum-seeking children, including in the fields of physical safety, health, education and social welfare, and to facilitate family reunification.
“The Committee is concerned at the situation of children belonging to minorities, including to the Primitive Tribal Groups, and at their limited access to social services, including health care, immunization and education, and the violation of their rights to survival and development, to enjoy their own culture and to be protected from discrimination.”
Indonesia
(10th July 2014, CRC/C/IDN/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 29, 30, 45, 46, 59, 60, 61, 62, 69, 70, 71 and 72) - 66th Session
“The Committee is deeply concerned about repressive government actions against the freedom of religion of children belonging to religious minorities that are not listed in Law No. 1 of 1965, in particular:
(a) The obligation to attend religious instruction in school in one of the six religions listed in Law No. 1 of 1965;
(b) The use of regulations against blasphemy and proselytizing to prosecute persons belonging to religious minorities not listed in Law No. 1 of 1965, including their children, and the draft law on “religious harmony”, which carries the risk of increasing discrimination;
(c) Explicitly requiring non-Muslims to follow Sharia law in Aceh or as indicated by the State party, social pressure on non-Muslim students to wear Islamic dress at school.”
“The Committee urges the State party to amend its legislation in order to effectively guarantee the right to freedom of thought, conscience and religion of children of all beliefs and take all necessary measures, including awareness-raising and public-education campaigns, to combat intolerance on the grounds of religion or other beliefs, promote religious dialogue in society, ensure that religious teachings promote tolerance and understanding among children from all communities and religious or non-religious backgrounds and combat every kind of social pressure on children to adhere to the rules of a religion with which he or she is not affiliated. Furthermore, the Committee urges the State party to take all necessary measures to ensure that non-Muslims are exclusively governed by secular law.”
“While welcoming the National Plan of Action on Disabilities 2013–2022, the Committee is seriously concerned about the situation of children with disabilities, in particular:
(a) Children with disabilities, in particular girls, who face multiple forms of discrimination in exercising their rights, including their right to education and health care;
(b) The many children with disabilities who are hidden or placed in institutions because of social stigma or the economic cost of raising them;
(c) The small number of children with disabilities attending school and having access to health care, special services and rehabilitation centres;
(d) The absence of systematic data collection on children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party make every effort to implement the National Plan of Action on Disabilities 2013–2022, and urges the State party to:
(a) Amend its legislation to ensure that discrimination on the grounds of disability is expressly prohibited and ensure that all provisions resulting in de facto discrimination of persons with disabilities are repealed;
(b) Conduct awareness-raising and educational campaigns aimed at eliminating all kinds of de facto discrimination, in particular attitudinal and environmental barriers, against children with disabilities, inform and sensitize the public about the rights and special needs of children with disabilities and ensure that children with disabilities are provided with adequate financial support and have full access to social and health services;
(c) Ensure that children with disabilities can fully exercise their right to education and take all necessary measures to provide for their inclusion in the mainstream school system;
(d) Collect specific and disaggregated data on children with disabilities so as to adapt policies and programmes to their needs.”
“While welcoming the programme for universal education up to the age of 18, the Committee is very concerned about the large number of children of compulsory school age who are out of school, particularly in Java, and about the obstacles to access to, and quality of, education. It is particularly concerned that:
(a) Education is accessible by citizens only, which excludes children who do not have a birth certificate, refugee children and children of migrant workers;
(b) A significant number of children, in particular those from poor families, stop going to school owing to high education fees or other costs such as for books and uniforms;
(c) Measures to prevent adolescent girls from dropping out of school in case of pregnancy are lacking, pregnant girls are expelled from schools or discouraged from continuing their education during pregnancy and married children frequently discontinue their education;
(d) There is a high occurrence of violence at school, including on the part of the teaching personnel, a large number of teachers do not have the minimum qualifications required by the Government and teachers often do not go to work.”
“Building on its previous recommendation (CRC/C/15/Add.223, para. 63), the Committee urges the State party to take prompt measures to ensure that quality education is accessible by all children in the State party. It further urges the State party to:
(a) Ensure that education is available to all asylum-seeking and refugee children, children of migrant workers and children who do not have a birth certificate;
(b) Increase funding for education, with particular focus on families living in the poorest and most remote districts, and take concrete action to effectively address the reasons for failure to complete schooling;
(c) Ensure that married adolescents, pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools and that they can combine child rearing and completing education;
(d) Increase the number of teachers, provided adequate training for them and ensure that they present themselves for work;
(e) Take all necessary measures, including developing school-specific action plans and regular school inspections, aimed at putting an end to corporal punishment and other forms of violence in school, including bullying.”
“The Committee is concerned about the economic and urban–rural disparities with regard to attendance of preschool education programmes, insufficient budget allocations for early childhood care and education, inadequate infrastructure and lack of adequate personnel in early childhood care and education in remote areas.”
“The Committee recommends that the State party ensure that early childhood care and education is free and that institutions are accessible, including for children living in remote areas, adequately staffed and furnished, and able to provide early childhood care and education in a holistic manner, including with regard to overall child development and strengthening parental capacity.”
“The Committee is furthermore concerned about the situation of children belonging to indigenous communities, in particular Papuans, who are subjected to poverty, militarization, extraction of natural resources on their lands, as well as poor access to education and health care.”
“In the light of its general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee urges the State party to take all necessary measures to eliminate poverty among indigenous communities and monitor progress in that regard, as well as provide for their equal access to all public services, pursue demilitarization efforts and ensure the prior informed consent of indigenous peoples with regard to exploitation of the natural resources in their traditional territories.”
“The Committee welcomes the National Plan of Action for the Elimination of the Worst Forms of Child Labour and the Child Labour Reduction Programme. However, the Committee is deeply concerned about the high prevalence of child labour in the State party, which is significantly higher in rural areas than in urban areas. It is particularly concerned about…
(c) The large number of child domestic workers, some of whom are only 11 years old, their early dropout from school and their vulnerability to violence and exploitation, including physical, psychological and sexual abuse, child trafficking and forced labor, and their exclusion from the Manpower Act which affords basic labour rights…”
“The Committee urges the State party to make every effort to ensure that children who work, do so in accordance with international standards. In particular, it urges the State party to:
(a) Ensure that no child is exposed to any hazardous conditions or the worst forms of child labour, and that the involvement of children in labour is based on genuine free choice, in accordance with international regulations, subject to reasonable time limits and does not in any way hamper their education…
(f) Establish a centralized data collection system to obtain independently verifiable data on children engaged in work. The data should be disaggregated by the type of labour, age, sex, geographic location, ethnicity and socioeconomic background…”
(26 February 2004, CRC/C/15/Add.223, Concluding observations on second report, paras. 53, 54, 61, 63, 66 and 90)
“While acknowledging the development of special services and rehabilitation centres for children with disabilities, the Committee is concerned that only very few children with disabilities have access to these services.
“The Committee recommends that the State party: ...
b) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
c) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339)....
“... the Committee is very concerned: ...
c) that married children and pregnant teenagers do not generally continue their education....
“The Committee recommends that the State party: ...
b) progressively ensure that girls and boys, from urban, rural and least developed areas, have equal access to educational opportunities, without any financial obstacles; ...
e) provide education opportunities for married children and pregnant teenagers....
“The Committee recommends that the State party:
a) take immediate steps to ensure that all displaced and refugee children and their families have access to basic health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth....
“The Committee welcomes the adoption of the Human Rights Act of 1999, which recognizes the right to freedom of religion and worship of everyone. However, the Committee is still concerned that the rights of children belonging to a minority or ethnic group are not recognized by the Act and that these children also do not have adequate access to education, health and social services.”
Ireland
- (28 February 2023 CRC/C/IRL/CO/5-6 Concluding observations on the combined fifth and sixth periodic reports, paras. 15, 24, 32, 35, 37, 45.) - 92nd Session
- (1st March 2016, CRC/C/IRL/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 27, 28, 35, 36, 47, 48, 63, 64, 65 and 66) - 71st Session
- (29 September 2006, CRC/C/IRL/CO/2, Concluding observations on second report, paras. 41, 42, 43, 58, 59, 60, 61, 78 and 79) - 43rd Session
(28 February 2023 CRC/C/IRL/CO/5-6 Concluding observations on the combined fifth and sixth periodic reports, paras. 15, 24, 32, 35, 37, 45.)
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination, violence, mental health, standard of living, education and child justice.”
“The Committee recommends that the State party ensure the realization of children’s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(1st March 2016, CRC/C/IRL/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 27, 28, 35, 36, 47, 48, 63, 64, 65 and 66) - 71st Session
“The Committee is concerned about the structural discrimination against Traveller and Roma children and their families, including alleged impunity for publicly expressed discriminatory remarks by public representatives. The Committee takes note of the explanation by the State party regarding the retention of mechanisms and funding streams arising from the National Action Plan against Racism 2005-2008; it remains concerned, however, that no appropriate updated national action plan has been enacted. The Committee is also concerned about discrimination against lesbian, gay, bisexual, transgender and intersex children.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to combat discrimination against and the stigmatization and social exclusion of Traveller and Roma children, as well as that based on the sexual orientation or gender identity of children;
(b) Establish an appropriately high-level, comprehensive successor to the National Action Plan against Racism 2005-2008.”
“The Committee is concerned that children are not ensured the right to effectively opt out of religious classes and access appropriate alternatives to such classes.”
“The Committee recommends that the State party ensure accessible options for children to opt out of religious classes and access appropriate alternatives to such classes, in accordance with the needs of children of minority faith or non-faith backgrounds.”
“The Committee is concerned that:
(a) There is no comprehensive strategy for the inclusion of children with disabilities in mainstream education and the encouragement of their autonomy; and, the Education for Persons with Special Educational Needs Act 2004 has yet to be fully commenced and implemented;
(b) There are inadequate measures for facilitating the care of children with disabilities in the home environment, where possible or appropriate, in lieu of hospitalization of institutionalization;
(c) Children with disabilities do not have adequate access to early childhood education services;
(d) Reasonable accommodation, such as Braille and sign language, is not provided to all children with special needs, including children with visual and hearing impairments; and, there is no clear and objective framework, for the State party’s State Examination Commission, for providing reasonable accommodation for children with disabilities in the context of State examinations.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Adopt a human rights-based approach to disability and establish a comprehensive strategy for the inclusion of children with disabilities;
(b) Ensure adequate measures to facilitate the care of children with disabilities in the home environment; in doing so, the State party should consider adopting a national policy and framework in order to ensure consistency and adequate standards for such measures throughout its territory;
(c) Train and employ a sufficient number of specialized teachers and professionals in order to provide special needs education support and early childhood education for children with disabilities;
(d) Establish a clear and objective framework to ensure that children with disabilities are provided with reasonable accommodation for their education needs, including in the context of State examinations.”
“The Committee welcomes the establishment of the Forum on Pluralism and Patronage in the Private Sector to attempt to address the need for diversity in the types of schools available to children in the State party. It remains concerned, however, at the very small number of non-denominational schools. The Committee is also concerned about:
(a) Schools continuing to practise discriminatory admissions policies on the basis of the child’s religion and/or whether his or her parent(s) are former students of the school;
(b) Incomplete structures in the education sector for the handling of complaints;
(c) The pressure that the Leaving Certificate examination places on children;
(d) Insufficient physical activities in school that can be enjoyed by all students.”
“The Committee recommends that the State party:
(a) Expeditiously undertake concrete measures to significantly increase the availability of non-denominational or multi-denominational schools and to amend the existing legislative framework to eliminate discrimination in school admissions, including the Equal Status Act;
(b) Establish an effective complaints mechanism for students in schools;
(c) Consider reforming the Leaving Certificate examination with a view to reducing the stress caused to children;
(d) Develop a curriculum of physical leisure activities that can be enjoyed by all students.”
“The Committee is concerned about reports that the majority of children in an asylum-seeking or refugee situation are accommodated in privately run centres that are not covered by national standards relating to children and that the majority of inspections and evaluations of such centres are carried out by an internal inspectorate that is not adequately independent. The Committee notes the information, provided during the dialogue, on there being one designated appeals officer to address complaints relating to the direct provision policy for refugees and asylum seekers. It remains concerned, however, that this does not ensure independent oversight and that it may not be adequately known or accessible to children. In that light, the Committee is concerned about reports that…
(b) Asylum and refugee accommodation centres do not offer adequate child protection services, sufficient access to education for children or sufficient access to appropriate clothing and food in general, including culturally appropriate food for minority faith children accommodated in such centres…”
“In the light of its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party take the necessary measures to bring its asylum and refugee policy, procedures and practice into line with its international obligations, as well as principles outlined in other documents, including the Statement of Good Practices produced by the United Nations High Commissioner for Refugees. Furthermore, the Committee recommends that the State party strengthen its measures to ensure that children in an asylum-seeking or refugee situation are ensured the same standards of and access to support services as Irish children. The Committee urges the State party to ensure independent inspections of all refugee accommodation centres. Furthermore, the Committee recommends that the State party take measures to ensure that asylum and refugee accommodation centres have…
(b) Adequate child protection services, education for children and appropriate clothing and food for children, including food that is of adequate quality and culturally appropriate for children of minority faiths; these centres should also address the needs of children with dietary requirements and, to the extent possible, allow for residents to store and cook their own food…”
(29 September 2006, CRC/C/IRL/CO/2, Concluding observations on second report, paras. 41, 42, 43, 58, 59, 60, 61, 78 and 79) - 43rd Session
“While welcoming legislative and policy developments such as the Disability Act of 2005 and the National Disability Strategy of 2004, the Committee remains concerned that the legal framework inadequately addresses the specific needs of children with disabilities and their access to necessary health services and educational facilities and that many of the provisions of the Children Act have not been fully enacted.
“The Committee recommends that the State party:
a) adopt an inclusive and rights-based legal framework that addresses the specific needs of children with disabilities and implement all relevant provisions of the existing legislation related to children with disabilities;
b) undertake, with the involvement of children, awareness-raising campaigns which focus on prevention and inclusion, available support and services for children with disabilities, and on combating negative societal attitudes towards children with disabilities.
“The Committee also urges the State party to review existing policies and practices in relation to children with disabilities, giving due attention to the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (see CRC/C/69).
“The Committee welcomes the State party’s efforts to develop and strengthen the legal and policy framework for the right to education. The Committee is, however, concerned ... that particular high dropout rates exist among children belonging to the Traveller community and children with disabilities.
“The Committee recommends that the State party:
a) continue taking measures to create an educational environment where the special needs of the child are taken into consideration, inter alia, by undertaking appropriate professional assessment of the specific needs of children, providing technical and material support for children with special needs, ensuring children in schools have the right to be heard in all matters concerning their well-being, and by continuing efforts to reduce overall class sizes to provide education to all children on an equal footing; ...
d) publish and disseminate the prepared Traveller Education Strategy and undertake training activities for teachers in order to sensitize them to Traveller issues and inter-cultural approaches.
“The Committee reiterates the concern raised by the Committee on the Elimination of Racial Discrimination in its concluding observations on the initial and second periodic reports of the State party (CERD/C/IRL/CO/2) that non-denominational or multidenominational schools represent less than 1% of the total number of primary education facilities.
“The Committee encourages the State party to take fully into consideration the recommendations made by the Committee on the Elimination of Racial Discrimination (CERD/C/IRL/CO/2, para. 18) which encourages the promotion of the establishment of non-denominational or multidenominational schools and to amend the existing legislative framework to eliminate discrimination in school admissions.
“... the Committee remains concerned that adequate recognition, action and positive measures have not yet been taken to enhance the enjoyment of the rights of children belonging to the Traveller community and, in particular, to facilitate their access to education, housing and health services.
“The Committee recommends that the State party: ...
b) undertake or use existing research or comprehensive needs assessment with a particular focus on children belonging to the Traveller community in the fields of health, housing and education to further serve as a basis for policies and strategies and concrete measures for the improvement of the well-being of children; ...
d) provide in its next report detailed information on measures taken in order to enhance the enjoyment of the rights of children belonging to the Traveller community, in particular with regard to enjoyment and access to education, health services and housing facilities.”
Iran (Islamic Republic of)
(14th March 2016, CRC/C/IRN/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 1, 2, 31, 32, 67, 68, 75, 76, 77, 78, 81 and 82) - 71st Session
“The Committee takes note of several pieces of legislation adopted by the State party during the reporting period, and the amendments to the Islamic Penal Code in 2013. However, the Committee remains concerned that a number of the State party’s laws, including the Islamic Penal Code, remain discriminatory against girls and against religious and ethnic minorities, depriving them of a number of their rights under the Convention. The Committee is also concerned about the wide discretion given to the judiciary in interpreting and implementing laws.”
“The Committee urges the State party to urgently repeal its laws and policies that are discriminatory against girls and religious and ethnic minorities and ensure that all children, irrespective of their gender, ethnicity or religious beliefs, enjoy equal rights and freedoms as guaranteed under the Convention. In particular, the Committee urges the State party to ensure that the State party’s legislation does not leave the interpretation and implementation of its legislation to the wide discretion of the judiciary without providing them with the necessary training and interpretative guidelines.”
“The Committee is also concerned about the continued discrimination against children belonging to religious minorities, especially Baha’i children and Sunni children, as well as children who belong to minority ethnic and linguistic groups, children born out of wedlock, and to a certain extent, asylum-seeking and refugee children. Furthermore, it is concerned that lesbian, gay, bisexual, transgender and intersex (LGBTI) children continue to face discrimination because of their real or perceived sexual orientation or identity and that the same-sex sexual behaviour of adolescents above the current age of criminal responsibility is criminalized and punished with penalties ranging from flogging to the death penalty.”
“The Committee recommends that the State party take effective measures, including accountability, to put an end to discrimination against religious, ethnic and linguistic minorities, children born out of wedlock and asylum-seeking and refugee children, and that it ensure that those responsible for any forms of discrimination against such groups are held accountable. Furthermore, the Committee recommends that the State party decriminalize same-sex relations and take measures to eliminate discrimination against LGBTI children.”
“The Committee welcomes the information provided by the State party that it is in the process of including children with disabilities in mainstream schools and assessing the effects of its legislation in this regard. However, it regrets the lack of information on the extent of such inclusion and on measures taken to provide human, technical and financial support for the process. It also regrets the lack of information on the access of children with disabilities to health-care facilities and the support and assistance available to families with children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Collect data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(b) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(c) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(d) Train and assign specialized teachers and professionals for integrated classes providing individual support and due attention to children with learning difficulties.”
“The Committee is concerned about the high levels of poverty in certain underdeveloped regions. In particular, it is concerned about poor living conditions in regions traditionally inhabited by ethnic minorities, that in some cases completely lack basic services such as electricity, plumbing, sewage systems, public transport, medical facilities or schools, which has a direct negative impact on the rights of children living in those regions.”
“The Committee recommends that the State party strengthen its efforts to further reduce poverty and extreme poverty, in particular in provinces populated by ethnic minorities, such as Sistan and Baluchestan, Khuzestan and Kurdistan. The Committee recommends that the State party take immediate steps, inter alia by increasing budgetary allocations, to improve housing and living conditions in these regions, including the provision of access to safe drinking water, adequate sanitation, electricity, transportation facilities, schools and health-care centres.”
“The Committee welcomes the progress in the area of education, including the high rate of enrolment of children in primary and secondary schools. However, the Committee is concerned about:
(a) The high dropout rates of girls in rural schools upon reaching puberty, and of indigenous Arab children;
(b) The restrictions on the right of girls to education, by court ruling, if the husband finds the wife’s education to be “incompatible with the interests of the family or with his or his wife’s dignity”;
(c) Lack of availability of education in the native languages of ethnic minorities, such as Azeri, Kurdish, Arabic and other languages;
(d) Identification, intimidation and harassment of Baha’i children in schools and the lack of access for such children to higher education;
(e) Harassment, bullying and expulsion of LGBTI children from schools for failing to observe social expectations of femininity or masculinity;
(f) Lack of female teachers in rural areas;
(g) The differences in teaching staff capacities and in the materials and equipment available, between schools in urban and rural areas.”
The Committee recommends that the State party:
(a) Ensure that girls, including married girls, have access to primary and secondary education without any barriers, including those established by husbands, parents and communities, and raise the awareness of the public about the importance of education, in particular among indigenous Arab communities;
(b) Take measures to provide access to education based on the national curriculum in the native languages of ethnic minorities, in particular in Azeri, Kurdish, Arabic and other languages;
(c) End the practice of identifying Baha’i children in schools and intimidating and expelling children on account of their religion;
(d) Prohibit, prevent and punish the harassment, bullying, and expulsion from schools of LGBTI children;
(e) Invest in training and providing more female teachers, especially in rural areas of the country;
(f) Ensure adequate human, technical and financial resources to schools in rural areas.
The Committee notes with appreciation that the State party is one of the largest refugee-hosting countries in the world, but regrets the lack of gender- and age- disaggregated statistics on its refugee population. The Committee is concerned that:
(a) While the State party provides access to education and health for registered refugees, those without a valid registration (Amayesh card) face difficulties in accessing all services, including education;
(b) Refugee children are forced to pay school fees, while education is free for Iranian children;
(c) Children can easily be separated from their families in the process of deportation, with no opportunity for communication or for challenging the deportation.
The Committee recommends that the State party:
(a) Systematically collect disaggregated data on its refugee and asylum-seeking children in order to be able to develop programmes and policies that respond to their needs;
(b) Ensure prompt registration of all its asylum-seeking and refugee children in order to provide them with access to all basic services, including health care and education for free;
(c) Ensure that unaccompanied asylum-seeking and refugee children are given guardianship, free legal assistance with immigration proceedings, and access to adequate shelter, food, health care and education;v
(d) Ensure that immigration proceedings involving children are decided on the basis of the best interests of the child, and prevent separation of families during the deportation process.
(31 March 2005, CRC/C/15/Add.254, Concluding observations on second report, paras. 53, 54, 59, 60, 61 and 63)
“While welcoming the programmes undertaken by the State party on the causes and prevention of disabilities, the Committee is concerned at the low number of disabled children attending school and the lack of information provided by the State party on attempts to integrate disabled children into the mainstream school system since the consideration of the initial report....
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (see CRC/C/69, paras. 310-339), the Committee recommends that the State party adopt measures to integrate children with disabilities into mainstream education, including adopting the necessary measures to adapt schools to receiving children with different kinds of disability....
“Although the Committee notes the high level of literacy in Iran and the measures taken by the State party to increase school enrolment and lower dropout rates, it remains concerned that not all children are enrolled in or graduate from primary school. Working children, children living on the streets and children without complete personal documents, particularly refugee children with binational parents, have reduced access to schools. It is also concerned that refugee children are currently only being enrolled in schools if their parents have registered with the authorities, and that the enrolment of refugee children is not currently being offered free of charge. It is further concerned about well-documented information that a large number of Baha’i students were not admitted to university on the grounds of their religious affiliation.
“The Committee is also concerned about the disparity that continues to exist between boys and girls; the high dropout rates of girls in rural schools upon reaching puberty; the lack of female teachers in rural areas; long distances between homes and schools, which keep girls at home, particularly after primary school and the lack of mobile schools for nomadic children, as well as the remarkable differences in the personal and material equipment between schools in urban and rural areas and between the most and least developed provinces, resulting in unequal educational opportunities. In addition, it regrets that the decision to expand compulsory education beyond the five years of primary school has been delayed for many years.
“While welcoming the State party’s initiatives with respect to youth, the Committee encourages the State party to continue its efforts to reach its goal of universal basic education and recommends that the State party: ...
b) ensure that all children, including refugee children, have equal educational opportunities on all levels of the educational system without discrimination based on gender, religion, ethnic origin, nationality or statelessness;
c) eliminate all disparities in resources provided to schools in urban and rural areas in order to guarantee equal educational opportunities throughout the country....
“The Committee recommends that the State party: ...
d) ensure that all refugee children are registered and have full access to free education, health and other services....”
Iraq
(5th March 2015, CRC/C/OPSC/IRQ/CO/1, Concluding observations on the report submitted by Iraq under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 16 and 17) - 68th Session
“The Committee notes with concern that the State party does not have any mechanism for systematic data collection on crimes covered under the Optional Protocol.”
“The Committee recommends that the State party develop and implement a comprehensive and systematic mechanism for data collection, analysis, monitoring and impact assessment of all the areas covered by the Optional Protocol. The data should be disaggregated by, inter alia, sex, age, national and ethnic origin, geographical location, indigenous status and socioeconomic status, with particular attention to children in the most vulnerable situations. Data should also be collected on the number of prosecutions and convictions, disaggregated by the nature of the offence.”
“The Committee notes with concern that existing policies and programmes are insufficient to address the root causes of the sale of children, child prostitution and child pornography, which include severe gender-based discrimination and violence, poverty, discrimination of children belonging to minorities, internal displacement and migration, lack of access to education and children being forced to live and/or work in the streets. The Committee is extremely concerned that:
(a) Many children remain unregistered, which makes them especially vulnerable to offences under the Optional Protocol;
(b) Iraqi refugee children, especially girls, who return to Iraq from the Syrian Arab Republic are particularly vulnerable to all forms of exploitation and trafficking, as they do not often have a community to which to return and lack access to any kind of State support.”
“The Committee urges the State party to adopt a comprehensive approach and concrete measures to address the root causes of offences under the Optional Protocol and to target families and children in the most vulnerable situations. In particular, the Committee recommends that the State party:
(a) Ensure full implementation of the recommendations made by the Committee under the Convention (CRC/C/IRQ/CO/2–4), especially those relating to standard of living (para. 63); non-discrimination (para. 17); internally displaced and refugee children (para. 67); children in street situations (para. 75); education, including vocational training and guidance (para. 65); and children deprived of a family environment (paras. 47 and 49);
(b) Take all necessary measures to rescue children who are under the control of the so-called Islamic State of Iraq and the Levant (ISIL) and provide them with access to adequate recovery and reintegration services;
(c) Continue and strengthen its measures to ensure that all children are registered at birth;
(d) Ensure that returnees are provided with access to support, and develop prevention programmes targeting children in the most vulnerable situations and, in particular, take all necessary measures to ensure that internally displaced children, children in migration situations and children in street situations are provided with adequate and secure shelter, health care, education and clothing.”
(3rd March 2015, CRC/C/IRQ/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 6, 58, 59, 72, 73, 78 and 79) - 68th Session
“The Committee notes the particularly severe effects of the ongoing armed conflict, political instability and presence of armed groups in the State party, the reinforcement of sectarian and ethnic divisions and the rise of religious extremism, which have led to severe violations of children’s rights and constitute a serious obstacle to the implementation of the rights enshrined in the Convention, particularly worsened by terrorist acts committed by criminal groups belonging to the so-called Islamic State of Iraq and the Levant (ISIL). The Committee reminds the State party of the continuity of international human rights obligations and that the rights under the Convention apply to all children at all times. The Committee also reminds the State party that it bears the primary responsibility to protect its population and should therefore take immediate measures to stop the use of excessive and lethal force against civilians and to prevent further violence against children, including killing and injury.”
“The Committee is concerned about the situation of children with disabilities being particularly worsened by the current conflict, as well as about the continuing societal discrimination and stigma towards children with disabilities.
In particular, it is concerned about:(a) School buildings being insufficiently accessible for children with disabilities, the absence of appropriate learning materials, the shortage of specially qualified teachers and the lack of adequate early childhood development services for children with disabilities;
(b) The insufficient access of children with disabilities to social services and to financial support.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, placing particular focus on children who have become injured during conflict, and specifically recommends that it:
(a) Ensure effective inclusive education and allocate all the necessary human, technical and financial resources for its implementation;
(b) Undertake awareness-raising programmes on eliminating discrimination against children with disabilities, and strengthen its enforcement mechanisms for ensuring compliance with its legislation prohibiting such discrimination;
(c) Ensure equal access of children with disabilities to all social services and provide financial assistance to families caring for a child with disabilities.”
“The Committee welcomes the National Education and Higher Education Strategy (2011–2020). It notes with concern, however, that only half of secondary school-age children are currently attending school, as a consequence of schools being attacked and schoolchildren kidnapped on their way to school, and that a very high number of internally displaced and refugee children have no access to school. The Committee is also concerned about:
(a) The state of disrepair of school buildings which have been bombed and destroyed or which have been occupied by displaced communities;
(b) Insufficient and inadequate education materials, as well as lack of access to clean drinking water and adequate sanitation in schools;
(c) The highly insecure situation of teachers, many of whom have been assassinated or kidnapped, have fled the country or have been obliged to work under threat for the so-called ISIL;
(d) Girls’ access to school being hampered by negative patriarchal customs and norms, which leads to a significant number of girls being illiterate;
(e) The inadequacy of the budgetary allocation for education.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party take all necessary measures to reintegrate children affected by armed conflict into the education system, including through non-formal education programmes and by prioritizing the restoration of school buildings and facilities and ensuring the provision of water, sanitation and electricity in conflict-affected areas, and that it:
(a) Relocate internally displaced persons in non-school buildings, if feasible, while ensuring their safety;
(b) Take all necessary measures to protect children on their way to school as well as education facilities and teaching staff;
(c) Consider establishing provisional schools as well as teacher training programmes enabling citizens to work in these schools as provisional staff;
(d) Increase financial support to families living in poverty and undertake campaigns to instil awareness among parents of the importance of sending their children, particularly girls, to school;
(e) Call upon partners to provide increased humanitarian funding for education, and adequately equip schools with books and sufficient appropriate teaching and learning materials.”
“The Committee expresses concern that children belonging to minority groups have also been facing other forms of discrimination in the State party and that attacks against minority groups have often been carried out with impunity, mainly owing to the reluctance of State law enforcement authorities to hold the perpetrators accountable, the lack of confidence in State officials and fear of repercussions. The Committee is also concerned that:
(a) Children belonging to minority groups continue to face legislative and practical obstacles to access services, in particular identification documents, health care, education, safe drinking water, electricity and adequate housing;
(b) Children from the Black community and Roma villages do not have primary education facilities and many Turkmen schools do not receive assistance from the Ministry of Education;
(c) Despite the constitutional guarantee for children to be educated in their mother tongue, this right is frequently not respected for children from minority groups. The Committee further regrets that the history or culture of minorities is hardly represented in the curriculum and that there have been cases of marginalization of children belonging to minority groups by teachers;
(d) There are regular instances of hate speech against minorities and lack of legal protection against it, and children from minority groups suffer from everyday societal marginalization and discrimination, including harassment of girls from minority groups for not being veiled.”
“The Committee recommends that the State party amend its legislation to ensure the equal treatment of children from minority groups and fully prohibit any form of discrimination towards them. The Committee also recommends that the State party:
(a) Ensure that minority groups are fully protected from attacks and that all cases of officials aiding and abetting crimes against minorities are thoroughly investigated and prosecuted;
(b) Enact a law implementing article 125 of the Constitution, which guarantees the administrative, political, cultural, and educational rights of children of the various nationalities, and repeal all legislation contradicting this constitutional guarantee;
(c) Set up a monitoring system to ensure that all children have the possibility to be taught in their mother tongue;
(d) Establish awareness-raising campaigns to combat discrimination and stereotypes vis-à-vis children belonging to minorities and promote respect and tolerance for different cultures, beliefs and lifestyles.”
Israel
(9 October 2002, CRC/C/15/Add.195, Concluding observations on initial report, paras. 26, 52, 53 and 57)
“The Committee is concerned that discrimination, contrary to article 2 of the Convention, persists in the State party, and that non-discrimination is not expressly guaranteed under the Constitution. In particular, the Committee is concerned about discrimination against girls and women, especially in the context of religious laws, discrimination on religious grounds, inequalities in the enjoyment of the economic, social and cultural rights (i.e. access to education, health care and social services) of Israeli Arabs, Bedouins, Ethiopians and other minorities, children with disabilities and children of foreign workers, and of the rights and freedoms of Palestinian children in the occupied territories.
“The Committee is concerned about the serious deterioration of access to education of children in the occupied Palestinian territories as a result of the measures imposed by the Israeli Defence Forces, including road closures, curfews and mobility restrictions, and the destruction of school infrastructure.
“The Committee recommends that the State party guarantee that every Palestinian child has access to education, in accordance with the Convention. As a first step, the State party should ensure that restrictions on mobility are lifted throughout the occupied Palestinian territories during school hours.
“The Committee is concerned that the aims of education outlined in article 29 of the Convention, including the development of respect for human rights, tolerance and equality of the sexes and religious and ethnic minorities, are not explicitly part of the curricula throughout the State party.”
Italy
(31 October 2011, CRC/C/ITA/CO/3-4, Concluding observations: Italy, paras.
“The Committee regrets the limited information in the State party’s report on children with disabilities. While welcoming efforts to integrate children with disabilities in the school system, the Committee is concerned that disability is still conceptualized as a “handicap” rather than approached with the aim of ensuring the social inclusion of children with disabilities, and that there are regional disparities in the provision of specialist teachers in schools. The Committee is further concerned at inadequacies and delays with respect to ensuring special care for children with disabilities in early childhood and the lack of statistical data for children with disabilities in the age group of 0-6 years.
“The Committee recommends that the State party review existing policies and programmes to ensure a rights-based approach in relation to children with disabilities, and consider information and training initiatives to ensure that relevant Government officials and community at large are sensitized in this respect. The Committee also recommends that the State party provide sufficient numbers of specialist teachers to all schools so that all children with disabilities can enjoy access to high-quality inclusive education…”
(18 March 2003, CRC/C/15/Add.198, Concluding observations on second report, paras. 3, 20, 22, 43, 44, 54 and 55)
“The Committee welcomes: ...
g) the widespread inclusion of children with disabilities into the mainstream schools;
“The Committee ... is concerned at racist incidents against minorities the use of hate speech in public presentations, and the disparities in the enjoyment of economic and social rights, particularly in the fields of health, social welfare, education and housing, experienced by poor children, Roma children, non-Italian children, including unaccompanied minors, and disabled children.
“The Committee requests that specific information be included in the next periodic report on measures and programmes relevant to the Convention undertaken by the State party as a follow-up to the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in 2001, taking into account the Committee’s General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee ... remains concerned at the high rate of drop-out in upper secondary education; the variations in educational outcomes for children according to their cultural and socio-economic background, and to other factors such as gender (more girls than boys do obtain a secondary education diploma), disability and ethnic origin....
“The Committee recommends that the State party: ...
b) take all necessary measures to eliminate the inequalities in educational achievement between girls and boys and among children from different social, economic or cultural groups and to guarantee to all children quality education....
“While noting the efforts undertaken by the State party to improve the situation of Roma children, the Committee remains concerned at their difficult social situation and their insufficient access to education and health services....
“The Committee recommends that the State party develop, in cooperation with Roma NGOs, comprehensive proactive policies and programmes to prevent social exclusion and discrimination and to allow Roma children to enjoy fully their rights, including access to education and health care.”
J
Jamaica
(10th March 2015, CRC/C/JAM/CO/3-4, Concluding observations on the combined third and fourth periodic report, paras 42, 43, 54 and 55) - 68th Session
“The Committee welcomes the numerous initiatives to ensure that the rights of children with disabilities are fully respected, including the adoption in 2014 of the Disabilities Act, the National Strategic Plan for Early Childhood Development (2014–2018), the Early Stimulation Programme, the National Policy for Persons with Disabilities and a new curriculum to address the needs of children with disabilities. The Committee is nonetheless concerned that:
(a) There is insufficient coordination at the national level for the implementation of laws and policies regarding children with disabilities;
(b) Children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life, including the education system;
(c) Training for teachers who work with children with disabilities is insufficient;
(d) There is a lack of public awareness of the rights of children with disabilities;
(e) There is insufficient support for caregivers of children with disabilities;
(f) Sufficient and adequate facilities for children with disabilities, including schools, sports and leisure facilities and residential facilities are lacking.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, and specifically recommends that it:
(a) Continue to strengthen its efforts to coordinate laws and policies for the promotion and protection of the rights of children with disabilities at the national level, including by implementing the Disabilities Act and the Policy on Special Education;
(b) Ensure that schools provide inclusive education, that both schools and care facilities are accessible, and adequately staffed and funded, and that children with disabilities are treated with dignity and respect, and benefit from effective protection;
(c) Ensure that training is provided for professionals working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel, and undertake sustained public awareness campaigns to familiarize the public and other stakeholders with the rights of children with disabilities;
(d) Strengthen the provision of support to caregivers of children with disabilities, including by increasing the Special Rehabilitation Grant;
(e) Take all necessary measures to ensure that children with disabilities are fully integrated into all areas of social life, including schools, sport and leisure activities, and that facilities and other public areas are accessible to children”
“The Committee commends the State party for the high levels of school enrolment, and welcomes the numerous initiatives to improve the quality of education, the programmes that foster a safe environment in school, the gender initiative and the policy for the reintegration of school-age mothers into the education system. It also welcomes the information that the number of secondary school places is being increased. The Committee, however, is concerned about:
(a) The relatively low educational achievements of children in the State party, in particular boys and children from economically disadvantaged communities;
(b) The insufficient number of professionally trained teaching staff in rural areas, and inadequate teacher training and materials, in particular at the early childhood level;
(c) Insufficient access to education by children from low-income families, and the shortage of upper secondary school places;
(d) The number of students, especially boys, who drop out of school, and violence in schools.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care;
(b) Continue to improve the accessibility and quality of education for all children, and provide quality training for teachers, with particular emphasis on rural areas;
(c) Ensure access to education regardless of ability to pay auxiliary fees, especially for children in vulnerable situations, and continue to expand its capacity to address the shortage of school facilities;
(d) Strengthen efforts to reduce the premature dropout rate, especially among boys, including by addressing the reasons behind the non-completion of schooling, and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school;
(e) Mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training are made an integral, substantive and mandatory component of teacher training at all levels, in particular to address the situation of boys in the State party;
(f) Implement the Compulsory Education Policy, the Safe Schools Policy, and the School-wide Positive Behaviour Intervention and Support Framework.”
(4 July 2003, CRC/C/14/Add.210, Concluding observations on second report, paras. 23, 25, 38, 39, 48 and 49)
“The Committee is concerned that: ...
c) children with disabilities are de facto discriminated against by the absence of specific guarantees for their integration into regular schools and are hindered, inter alia, by limited access to facilities....
“The Committee further requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).
“While noting the progress made in the area of the rights of children with disabilities, including the work done in cooperation with NGOs and United Nations agencies and, inter alia, the adoption of the Copenhagen Declaration and Plan of Action of 1995, the Committee remains concerned that: ...
d) insufficient efforts have been made to facilitate the inclusion of children with disabilities into the educational system and society in general, including efforts to change traditional attitudes towards persons with disabilities and to improve the access to information, medical facilities, etc.
“The Committee recommends that the State party: ...
b) in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“The Committee welcomes the State party’s progress in the field of education, but remains concerned about: ...
c) the equality of access to education, in particular concerning boys and children from poor families....
“The Committee recommends that the State party, in the light of the Committee’s general comment No. 1 on article 29 (1) of the Convention (aims of education): ...
c) seek to further implement participatory measures to encourage children, especially boys, to stay in school during the period of compulsory education; take further measures to facilitate the accessibility to education of children from all groups in society, particularly children from poor backgrounds, including reviewing the system of school fees; and make every effort to raise awareness in society of the importance of education for all children....”
Japan
(11 June 2010, CRC/C/JPN/CO/3 Concluding observations: Japan Paras 5, 33, 34, 58, 59, 70, 71, 72, 73, 74 and 75)
“The Committee notes with appreciation the adoption of the following legislative measures: …
(e) The amendment, in 2010, of the Fundamental Law on Education.”
“… The Committee reiterates the concern of the Committee on the Elimination of Discrimination against Women (CEDAW/C/JPN/CO/6) that article 5 of the Fundamental Law on Education, which referred to the promotion of gender equality, has been removed.
“The Committee recommends that the State party:
(a) Enact a comprehensive anti-discrimination law and repeal all legislation which discriminates against children on any basis;
(b) Take the necessary measures, including awareness-raising campaigns and human-rights education, to reduce and prevent discrimination in practice, particularly against girls, children belonging to ethnic minorities, children of non-Japanese origin and children with disabilities.”
“The Committee notes that the State party has adopted laws, established services and institutions with the aim of supporting children with disabilities, promoting their social participation, including joint learning in schools, and developing their independence. The Committee remains concerned that deep-rooted discrimination still exists and that measures for children with disabilities are not carefully monitored. It also notes with concern that children with disabilities continue to have limited access to education due to lack of political will and financial resources for the necessary equipment and facilities.”
“The Committee recommends that the State party:
(a) Revise and adopt legislation in order to fully protect all children with disabilities, and establish a monitoring system, which carefully records progress made and identifies shortcomings in implementation;
(b) Provide community-based services that focus on enhancing the quality of life of children with disabilities, meeting their basic needs and ensuring their inclusion and participation;
(c) Carry out awareness-raising campaigns to combat existing discriminatory attitudes and sensitize the public about the rights and special needs of children with disabilities, encourage their inclusion in society and promote respect for the right of children and their parents to be heard;
(d) Make every effort to provide programmes and services for children with disabilities with adequate human and financial resources;
(e) Equip schools with the necessary facilities for the inclusive education of children with disabilities and ensure that they can choose their preferred school or move between regular schools and special needs schools according to their best interests;
(f) Provide assistance to non-governmental organizations (NGOs) working for and with children with disabilities;
(g) Provide training for professional staff working with children with disabilities, such as teachers, social workers, health, medical, therapeutic and care personnel;
(h) Take into account, in this regard, the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly res. 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities;
(i) Ratify the 2006 Convention on the Rights of Persons with Disabilities, which it has signed, and its Optional Protocol.”
“The Committee recognizes the exceptional academic excellence delivered by the Japanese school system, but notes with concern that, in spite of the reduced numbers of children competing for admission to schools and universities, complaints about excessive competition continue to rise. It is also concerned that this highly competitive school environment may contribute to bullying, mental disorders, truancy, drop-out and suicides among children of school-going age.”
“The Committee recommends that the State party review its school and academic system with a view to combining academic excellence and child-centred promotion of capacities and to avoiding negative consequences engendered by an extremely competitive environment. In this regard, the State party is encouraged to take into account the Committee's general comment No. 1 (2001) on the aims of education. The Committee also recommends that the State party strengthen its efforts to combat bullying among peers and include children's views in the development of such measures.”
“The Committee is concerned that schools for children of Chinese, North Korean or other origin are insufficiently subsidised. It is also concerned that graduates from these schools may not be eligible for entrance examinations to universities and colleges in Japan.”
“The Committee encourages the State party to increase subsidies to non-Japanese schools and ensure that access to university and college entrance examinations is non-discriminatory. The State party is encouraged to consider ratifying the UNESCO Convention against Discrimination in Education.”
“The Committee is concerned at information that Japanese history textbooks do not enhance the mutual understanding of children from different countries in the region as they represent a Japanese interpretation of historical events only.”
“The Committee recommends that the State party ensure that officially reviewed textbooks present a balanced view of historical events in the Asia-Pacific region.”
(26 February 2004, CRC/C/15/Add.231, Concluding observations on second report, paras. 43, 44, 49 and 50)
“The Committee is concerned that children with disabilities, including mental disabilities, remain disadvantaged in the enjoyment of their rights guaranteed by the Convention, and are not fully integrated into the education system as well as other recreational or cultural activities.
“Taking into account the Committee's 1997 day of general discussion on ‘The rights of children with disabilities’ (CRC/C/66, annex V) and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993), the Committee recommends that the State party:
a) in collaboration with children with disabilities and relevant non-governmental organizations, review all policies affecting children with disabilities to ensure that they meet the needs of children with disabilities and are in accordance with the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities;
b) promote greater integration of children with disabilities in education and recreational and cultural activities;
c) increase the human and financial resources allocated to special education and services for children with disabilities.
“The Committee notes the State party's efforts to reform the education system and bring it into greater conformity with the Convention; however, it is concerned that: ...
d) although eligibility criteria have been broadened for graduates from foreign schools in Japan applying to university, some continue to be denied access to higher education; ...
f) children of minorities have very limited opportunities for education in their own language....
“The Committee recommends that the State party: ...
d) expand opportunities for children from minority groups to enjoy their own culture, profess or practise their own religion and use their own language....”
Jordan
(8th July 2014, CRC/C/JOR/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 41, 42, 51, 52, 53, 54, 55 and 56) - 66th Session
“The Committee welcomes the adoption in 2007 of Act No. 31 on persons with disabilities and the establishment of the Higher Council for Persons with Disabilities, as well as the adoption of the National Strategy for Persons with Disabilities (2007–2015). The Committee is, however, concerned that :
(a) Article 2 of Act No. 31 does not use the definition of disability provided in the Convention on the Rights of Persons with Disabilities, but rather a medical model of disability;
(b) Limited data is available regarding children with disabilities;
(c) Because of the limited measures taken to develop inclusive education, children with disabilities are, in most cases, placed in special classes where the promotion of inclusion is limited;
(d) The vast majority of children with disabilities and children with learning difficulties do not benefit from adequate support, such as the presence of specialized teachers, social workers and personnel, to ensure their effective inclusion in ordinary schools;
(e) Measures aimed at the inclusion of children with disabilities in leisure and cultural activities remain rare in the State party.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt and promote the social and human rights-based approach to disability, which acknowledges that the disabling factors reside in the environmental and attitudinal barriers created by society, and that all children with disabilities are the subjects of their own rights and can become active participants and contributors to society. The State party should:
(a) Amend article 2 of Act No. 31 of 2007 to reflect the social model of disability;
(b) Organize the collection, during the 2014 national census, of appropriate data on children with disabilities which are necessary for the development of policies and programmes for children with disabilities;
(c) Set up a comprehensive policy to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions, paying particular attention to children with mental and multiple disabilities;
(d) Recruit sufficient numbers of specialized teachers and professionals to provide individual support in all schools, and ensure that all professionals are adequately trained so that all children with disabilities can enjoy effectively their right to good quality inclusive education;
(e) Take all necessary measures to ensure the inclusion of children with disabilities in leisure and cultural activities;
(f) Undertake awareness-raising campaigns targeting the Government, the public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of children and adults with disabilities;
(g) Consider ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities.”
“The Committee notes as positive the measures taken over the reporting period to reduce school dropout and to develop early education. Nevertheless, the Committee is concerned that:
(a) Non-Jordanian children, and among them children of Jordanian mothers and non-Jordanian fathers, as well as children of parents of Palestinian origin who had their Jordanian nationality withdrawn, are sometimes victims of discriminatory practices with regard to attending State elementary and secondary schools and are ineligible for free public education;
(b) Young married women have limited access to the education system;
(c) An increase in the number of students, especially boys, who have dropped out for economic reasons has been noticed during recent years;
(d) Violence in schools remains widespread, especially against children of non-Jordanian fathers.”
“The Committee urges the State party to:
(a) Take immediate measures to ensure that all children living in the State party enjoy their right to free primary education without discrimination and, to that end, amend legislation and address practices which lead to discrimination against children of Palestinian origin and children of Jordanian mothers and non-Jordanian fathers;
(b) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(c) Take the necessary measures to improve the accessibility and quality of education, and provide good quality training for teachers, with a particular emphasis on rural areas, with a view to addressing school dropout;
(d) Continue to expand early childhood education, on the basis of a of a comprehensive and holistic policy of early childhood care and development.”
“The Committee welcomes the initiatives on gender mainstreaming in education described in the State party’s report, in particular the development of school textbooks and manuals for teachers that challenge negative stereotypes. The Committee is concerned, however, that those initiatives are insufficient to address the persistence of deep-rooted negative stereotypes against girls that undermine the image that girls have of themselves. The Committee also regrets that education relating to tolerance and peace has not been sufficiently developed.”
“Taking into account its general comment No. 1 (2001) on the aims of education, the Committee urges the State party to strengthen its efforts to generalize non-stereotyped educational curricula that address the structural causes of gender discrimination, and enhance educational opportunities and achievement for girls and boys at all levels. The Committee also recommends that the State party strengthen its efforts to include in the school curricula education on tolerance and peace.”
“The Committee commends the State party for all the measures it has put in place to cope with the massive arrival of Syrian refugees, half of them children, including the establishment of a Subcommittee on Syrian Refugee Child Labour. The Committee is, however, concerned that most Syrian refugee children remain without access to education and experience malnutrition….”
“The Committee urges the State party to take all appropriate measures and implement specific programmes to improve the living conditions of Syrian refugee children, ensuring, inter alia, their access to education, to health care and to good nutrition and protecting them from various forms of labour exploitation, violence and, with regard to young girls, forced or early marriage practices…”
(7th July 2014, CRC/C/OPAC/JOR/CO/1, Concluding observations on the report submitted by Jordan under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 13, 14, 17, 18, 21, 22, 27 and 28) - 66th Session
“In view of the large number of child refugees present in the State party coming from countries affected by armed conflicts, the Committee is concerned about the absence of a central data collection system to identify and register all refugee children within the jurisdiction of the State party who may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party establish a central data collection system to identify and register all children within its jurisdiction who may have been recruited or used in hostilities abroad. The Committee also recommends that the State party ensure that data on refugee and asylum-seeking children who have been victims of such practices are properly collected. All data should be disaggregated by, inter alia, sex, age, nationality, ethnic origin and socioeconomic background, as well as by the time frame of the use of the child.”
“The Committee welcomes the initiatives undertaken by the State party as regards the inclusion of peace education and notions of international humanitarian law in school curricula. However, the Committee regrets that human rights and peace education, as well as knowledge on the Optional Protocol, is not specifically incorporated as a mandatory part of the primary and secondary school curricula and in the teacher-training programme.”
“The Committee recommends that the State party include mandatory human rights and peace education in the curricula of all schools, including military schools, with special reference to the Optional Protocol.”
“The Committee expresses serious concern that Syrian refugee children are reportedly being recruited in the State party’s refugee camps by Syrian armed groups and used in both combat and support roles.”
“The Committee urges the State party to establish effective measures in cooperation with relevant international organizations to protect children from being recruited and sent to neighbouring countries for use in armed conflict. To that end, the State party should organize awareness-raising campaigns about the situation of children involved in armed conflict, and increase its efforts to provide appropriate educational and recreational activities for adolescents living in refugee camps as a way to effectively prevent their recruitment by armed groups.”
“While acknowledging the massive amount of assistance provided by the State party to Syrian refugee children, the Committee is seriously concerned that insufficient attention has been paid to the early identification of refugee and asylum-seeking children who may have been involved in conflict or subject to conflict-related trauma. The Committee is also concerned that Syrian children who are suffering profound distress and sensory, intellectual or mental health disabilities after experiencing and witnessing war-related violence and affliction in the Syrian Arab Republic have had limited access to assistance for their physical and psychological recovery.”
“The Committee recommends that the State party provide systematic training on the early identification of children who may have been involved in conflict or affected by it to all professionals working with or for children, particularly border control and immigration personnel, the military, education professionals and medical professionals. The State party should also strengthen the assistance and support provided to refugee and asylum-seeking children who may have been involved in conflict or subject to conflict-related trauma and displacement and provide them with special support and assistance by, inter alia, seeking assistance from international partners and agencies in establishing programmes for their physical and psychological recovery.”
“While noting the establishment in April 2012 of a counter-trafficking unit affiliated with the Criminal Investigation Department which has the mandate to record all cases of human trafficking and all relevant data, and the signature of a memorandum of understanding for the training of labour inspectors on methods for gathering data on working children, the Committee is concerned that the State party has not established a data collection system covering all offences under the Optional Protocol.”
“The Committee recommends that the State party set up a comprehensive and centralized data collection system and analyse the data collected as a basis for assessing the progress achieved and to help design policies and programmes for implementing the Optional Protocol. The data should be disaggregated by age, sex, geographic location, ethnicity and national origin and socioeconomic background, in order to facilitate analysis of the offences covered by the Optional Protocol. Data on the number of prosecutions and convictions, disaggregated by the nature of the offence, should also be collected. The Committee recommends that the State party strengthen its technical cooperation with, among others, the United Nations Children’s Fund (UNICEF) and the United Nations Development Programme in that regard.”
“While noting that some measures have been taken in order to prevent offences under the Optional Protocol and, in particular, to prevent children from gaining access to pornography online, the Committee is concerned that targeted preventive measures regarding the sexual exploitation of children, as well as measures to identify and address the root causes and extent of all offences under the Optional Protocol, remain limited. In particular, the Committee is concerned that:
(a) Even though the Ministry of Social Development has established a database of “families at risk” of domestic violence, no definition or list of criteria to identify the category is provided;
(b) Insufficient measures have been taken to combat gender-based discrimination and violence, which constitute major factors in the sale of children, child prostitution and child pornography. In that regard, the Committee expresses serious concern at the extent of discrimination and violence against girls in the State party;
(c) Very few specific activities targeting children in vulnerable situations, such as refugee children who are particularly at risk of sexual exploitation and trafficking, have been conducted over the reporting period.”
“The Committee recommends that the State party adopt a comprehensive and targeted approach addressing the root causes of offences under the Optional Protocol and focusing on children in the most vulnerable situations. In particular, the Committee urges the State party to:
(a) Strengthen its poverty reduction strategies and supportive social protection measures for disadvantaged and marginalized families by establishing criteria for the delivery of child-centred early intervention programmes to support parents in better performing their care and protection responsibilities towards children;
(b) Eradicate gender-based discrimination and violence and, in particular, repeal laws still in force that discriminate against women and girls, and criminalize without further delay all forms of domestic violence, including marital rape;
(c) Address the root causes of offences under the Optional Protocol and conduct public awareness programmes, as well as public debates, in order to identify and protect the most vulnerable children, including children living in poverty, migrant and refugee children, and children of unknown parentage, who are at particular risk of being victims of the offences covered by the Optional Protocol, and provide them with the necessary support and assistance;
(d) Promote awareness and understanding of social norms and perceptions regarding child prostitution and child pornography with a view to changing the attitudes and behaviour of those demanding sexual services.”
“The Committee is deeply concerned about the widespread practice of early and forced marriage in the State party, which often amounts to the sale of children. The Committee is also particularly concerned about reports that Iraqi girls as young as 11 years of age are sent to Jordan for so-called muta’a marriages, whereby the girl’s family receives a payment for the girl while the “husband” can sexually abuse and exploit her, and the marriage is terminated at a pre-determined time. Some of those girls are also reported to have been forced into a trafficking ring by their “husbands”.”
“The Committee strongly urges the State party to adopt firm and immediate measures to ensure the effective enforcement of the legal prohibition of child marriage. The State party should in particular:
(a) Ensure that all those involved in the sale of girls for the purpose of forced marriage, sexual abuse and exploitation are held accountable and punished with penalties commensurate with the gravity of the crime;
(b) Develop and implement a functioning system with neighbouring countries to prevent girls from being sold for the purpose of early or forced marriage.”
“The Committee expresses deep concern about the numerous reports of Syrian refugee girls being forced into prostitution.”
“The Committee urges the State party to take more active measures to rescue girls forced into prostitution in the State party and to bring perpetrators to justice. The Committee urges the State party to provide in its next report under the Convention detailed information on the number of persons arrested, prosecuted, brought to justice and condemned, as well as the sanctions they received.”
(29 September 2006, CRC/C/JOR/CO/3, Concluding observations on third report, paras. 30, 31, 32, 33, 34, 35, 58, 59, 74, 81 and 82)
“The Committee recommends that the State party make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination, in accordance with article 2, by effectively implementing the existing laws that guarantee the principle of non-discrimination. The Committee also recommends that the State party abolish the discriminatory classification of children as “illegitimate” and adopt a proactive and comprehensive strategy to eliminate de factor discrimination on any grounds and against all vulnerable groups of children, and prioritize social and health services and equal opportunities to education for children belonging to the most vulnerable groups.
“... The Committee is also concerned that due to the traditional roles of women and men in Jordanian society, the education of girls is not seen as such a valuable investment as the education of boys.
“The Committee recommends ... that the State party promote the inclusive role of women in society, inter alia, by developing school curricula, such as recommended by the Committee on the Elimination of Discrimination against Women in its observations on the first and second periodic reports of Jordan at its twenty-second session in 2000 (A/55/38, paras. 139-193).
“The Committee remains concerned about the de facto discrimination faced by children with disabilities. It also notes with concern the inadequate implementation of the Law on the Care of the Disabled (Law No. 12 of 1993) and its amendments, particularly at the local level.
“The Committee recommends that, taking into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (CRC/C/69, paras. 310-339), the State party prevent and prohibit all forms of discrimination against children with disabilities and ensure equal opportunities for their full participation in all spheres of life by implementing the Law on the Care of the Disabled (Law No. 12 of 1993).
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention adopted by the State party to follow up on the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking into account the Committee’s general comment No. 1 (2001) on the aims of education.
“... Despite the establishment of mobile units to provide services for children with disabilities living in the most remote and disadvantaged regions, the Committee is concerned that many children with disabilities live in poverty and have limited access to social and health services and education.
“The Committee further recommends that the State party: ...
b) provide children with disabilities with access to adequate social and health services, including psychological and counselling services, and tailored services for children with learning difficulties and behavioural disorders, and raise awareness about all services available;
c) ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained....
“In the light of articles 28 and 29 of the Convention, and taking into account the Committee’s general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to:
a) ensure that all children have equal access to quality education at all levels of the educational system....
“Despite the fact that the State party support universal education for all children, the Committee notes with particular concern that asylum-seeking and refugee children have restricted access to primary education. Reports that Jordanian public schools do not accept Iraqi refugee students and that private schools only accept Iraqis possessing residency permits are issues of serious concern to the Committee.
“The Committee recommends, referring to articles 2, 22 and 28 of the Convention, that the State party take urgent measures to ensure that asylum-seeking and refugee children have access to free primary education.”
K
Kazakhstan
(19 June 2007, CRC/C/KAZ/CO/3, Concluding observations on second/third report, paras. 47, 48, 58 and 59)
“The Committee notes the efforts undertaken by the State party to improve the situation of children with disabilities, such as the increase of budget allocations and the training provided to medical and educational staff. However, the Committee deeply concerned that a large number of children with disabilities are in schools without special equipment and professional competence for the needs of these children. Furthermore, the Committee is concerned that the predominant method used to address these problems is still by establishing boarding schools. The Committee further notes the persisting shortage of resources for the development of educational, social and health services for children with disabilities and their families in their living environment.
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities, take all necessary measures to:
a) adopt an inclusive education strategy and elaborate a plan of action in order to increase the school attendance of children with special needs and focus on day care services for these children in order to prevent their institutionalisation; ...
d) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee recommends that the State party:
a) ensure that compulsory education is free of cost and accessible for all children, by undertaking targeted programmes that address children living in rural and remote areas, children with special needs, refugee children, children of migrant workers, and children with HIV/AIDS....
“The Committee regrets that no sufficient effort has been made to effectively improve the situation of refugee children. In particular, the Committee is concerned that many of them live in severe economic hardship and their access to education and health services remains limited....
(10 July 2003, CRC/C/15/Add.213, Concluding observations on initial report, paras. 27, 28, 29, 52, 54, 55, 61, 62, 63 and 64)
“The Committee is concerned that de facto discrimination persists, in particular, for children with disabilities, children in institutions, children of single parents, children living in rural areas, children living in ecologically hazardous areas, children born at home, children belonging to minority groups and girls.
“The Committee recommends that the State party closely monitor the situation of these groups of children and develop comprehensive proactive strategies containing specific and well-targeted actions aimed at preventing and eliminating all forms of discrimination, including access to education, health care and employment.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).
“The Committee welcomes the legislation relating to social, medical and educational support for children with special needs and is aware of the efforts of the State party to address the problems children with disabilities face, particularly relating to education, health and employment.
“The Committee is concerned at the prevailing poor situation of children with disabilities. In particular it is concerned: ...
h) at the limited inclusion of and access by children with disabilities to various areas of daily life, in particular with regard to the education system.
“In light of article 23 of the Convention, the Committee recommends that the State party: ...
e) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible.
“... The Committee remains concerned at the many difficulties education is facing, inter alia: ...
d) important regional disparities in the number of educational establishments and in the quality of education, with rural areas being at particular disadvantage....
“The Committee recommends that the State party to:
a) ensure the availability of free primary education and accessibility for all children in the State party, giving particular attention to children in rural communities, children from minorities, including repatriates and refugees or asylum-seekers, children from disadvantaged groups and those who need special attention, and high-quality education, including in children’s own languages; ...
e) improve the quality of education in the whole country in order to achieve the goals mentioned in article 29 (1) of the Convention and the Committee’s general comment No. 1 on the aims of education, and ensure that human rights education, including children’s rights, is included into the school curricula, in the different languages of instruction where applicable.
“The Committee ... is concerned that: ...
b) problems exist in accessing education for children who have not been granted refugee status and do not have other documents that are required....
“The Committee recommends that the State party: ...
d) consider measures through which asylum-seeking and refugee children can be granted equal access to services, in particular education, irrespective of who they are and where they live....”
Kenya
(21st March 2016, CRC/C/KEN/CO/3-5, Concluding observations on the combined third to fifth periodic reports of Kenya, paras 45, 46, 57, 58, 61, 62, 69 and 70) - 71st Session
“The Committee notes that progress has been made in relation to early detection, prevention and mitigation of disabilities. However, the Committee is concerned that:
(a) Children with disabilities, in particular those living in rural areas, are often stigmatized, confined at home, denied opportunities for development or abandoned;
(b) There is a lack of the disaggregated data that are necessary for designing a comprehensive strategy for the inclusion of children with disabilities;
(c) Many mainstream schools are not equipped for inclusive education, some refuse admission to children with disabilities, and specialized schools are not available, accessible or affordable;
(d) Health care and reasonable accommodation for children with disabilities are mainly unaffordable.”
“With reference to the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to set up a comprehensive strategy, based on disaggregated statistical data, for the inclusion of children with disabilities. It also recommends that the State party:
(a) Intensify measures, including awareness-raising, to combat stigma against children with disabilities, including children with psychosocial or intellectual disabilities, and to encourage parents of children with disabilities to support the fullest possible social integration and individual development of their children, in particular in rural areas;
(b) Give priority to inclusive education at mainstream schools over special schooling and allocate adequate human, financial and technical resources for schools to provide inclusive education in an effective way, including for refugee children with disabilities;
(c) Fully implement the Persons with Disabilities Act (2003) in line with article 23 of the Convention and the Convention on the Rights of the Persons with Disabilities and ensure that children with disabilities have effective access to health services, including rehabilitation services, free of charge whenever possible.”
“The Committee welcomes the increase in enrolment and completion rates in respect of primary and secondary education. However, the Committee is concerned about:
(a) The very low school enrolment and completion rates in the arid and semi-arid areas and in urban informal settlements, as well as the low retention rate of teachers in these areas which undermines the quality of education;
(b) Higher barriers faced by girls, compared to boys, in obtaining education, due to heavy domestic workloads, adolescent marriages and pregnancies, and negative societal attitudes towards the importance of educating the girl child, as well as unaffordable menstrual protection and sanitary wear and the lack of sanitation facilities in schools;
(c) The Basic Education Act (2013) allowing schools to charge tuition fees to non-Kenyan citizens;
(d) The low quality of education, and the rapid increase in private and informal schools, including those funded by foreign development aid, providing substandard education and deepening inequalities.”
“With reference to the Committee’s general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Prioritize the elimination of geographical and gender disparities through targeted programmes and resource allocations that improve primary access, completion rates, retention, and transition to secondary school;
(b) Guarantee the legal right to free compulsory education for all, without direct or hidden costs, including for non-Kenyan citizens such as, in particular, refugee children. In doing so, prioritize the provision of quality, free primary education at public schools over the provision of education at private schools, including informal low-cost schools, and regulate and monitor the quality of education provided by private schools in line with the Convention;
(c) Address the root causes of the low educational attainment of girls, including stereotypes that are discriminatory against girls, and harmful practices.”
“The Committee welcomes the issuance of “refugee identity passes” to refugee children. However, the Committee is also concerned that individual identification cards, which are used as a basis for accessing social services such as education or health care, are issued only to those who are living in urban areas and are over 16 years old or recognized as unaccompanied or separated children.”
“The Committee recommends that the State party issue individual identity documentation to all refugee and asylum-seeking children regardless of their age, residence or status of family unification in order to guarantee their refugee or asylum-seeking status and their access to essential services.”
“The Committee is concerned about the increasing number of children in street situations and about the apparent lack of adequate protection measures in place in the State party.”
“The Committee therefore recommends that the State party…
(c) In coordination with non-governmental organizations (NGOs), provide children in street situations with the necessary protection, including a family environment, adequate health-care services, the possibility to attend school and other social services…”
(19 June 2007, CRC/C/KEN/CO/2, Concluding observations on second report, paras. 45, 46, 57, 58, 69, 70)
“While welcoming the establishment of the National Council for Persons with Disabilities, the Committee remains concerned at the limited capacities for early detection and treatment of children with disabilities, the lack of governmental institutions and infrastructure to provide for the needs of disabled children, the inaccessibility of buildings and transportation for children with disabilities, and the absence of an inclusive policy for them.
“The Committee recommends that the State party take fully into account the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), and more specifically:
a) further encourage the inclusion of children with disabilities into the regular educational system and their inclusion into society;
b) pay more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; ...
e) increase the financial allocation given to children with disabilities in schools. The allocation of resources should take into consideration the specific needs of each child;...
“.... The Committee is concerned at ... the disparities in the access to quality education, which particularly disadvantages girls and pastoralist and hunter-gatherer children.
“The Committee further recommends that the State party, taking into account its General Comment No. 1 (CRC/GC/2001/1) on the Aims of Education: ...
d) increase enrolment in primary and secondary education, reducing socio-economic, gender, ethnic and regional disparities in the access and full enjoyment of the right to education;
e) undertake additional efforts to ensure access to informal education to vulnerable groups, including in particular pastoralist and hunter-gatherer children, as well as street children, orphans, children with disabilities, child domestic workers, children living in conflict risk areas and refugee camps by, for example, introducing mobile schools, evening classes and eliminating indirect costs of school education; ...
“The Committee acknowledges the efforts deployed by the Government to provide special treatment to children belonging to indigenous peoples, including pastoralist and hunter-gatherer communities, as well as to other minority groups. The Committee notes with concern the elevated poverty rates among these groups and the limited access of their children to basic health, sanitation and education. Despite the Government’s effort to ensure free universal primary education, enrolment and literacy rates among children from minority and indigenous peoples’ communities continuously fare below the national average, especially in the case of girls. The Committee notes that, in addition to cultural practices such as early marriages and child labour, the major reasons for their low enrolment rates are poverty and the lack of education adapted to the lifestyle of these communities....
“In the light of the recommendations adopted during its day of general discussion on the rights of indigenous children (CRC/C/133, paras. 624), the Committee recommends that the State Party: ...
c) put into place affirmative-action measures and the corresponding resources to ensure free universal primary education and basic health care for children belonging to indigenous peoples and minority communities. These measures should include further efforts to establish clinics and mobile schools, and conduct birth-registration campaigns, as well as specific incentives and training for health workers and teachers. Such measures should be developed in consultation with and with the participation of the communities concerned.”
Kiribati
(29 September 2006, CRC/C/KIR/CO/1, Concluding observations on initial report, paras. 25, 44, 45 and 56)
“The Committee welcomes the indication by the State party that the gender gap in school enrolment has decreased....
“While noting that children with mental and physical disabilities are protected from discrimination under section 15 of the Constitution, the Committee notes with concern that the resources available for these children are inadequate. The Committee is concerned, in particular, that schooling is not possible for all children with disabilities, especially in remote areas, and that possibilities for inclusion of children with disabilities have not been explored.
“The Committee recommends that, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (see CRC/C/69), the State party take all necessary measures to:
a) address all forms of discrimination, including social discrimination and discrimination against children with disabilities in remote areas, giving due consideration to implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex);
b) pursue its efforts to provide equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to education children with disabilities within regular schools.
“The Committee welcomes the reported increased access to primary and secondary education and the consequential increase in enrolment rates, as well as the reduction of the gender gap.... The insufficient bilingual education in English and I-Kiribati is also a cause of concern as it negatively impacts access to higher education, which is only available in English in neighbouring countries....”
Kyrgyzstan
(7th July 2014, CRC/C/KGZ/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 18, 19, 37, 38, 45, 46, 55, 56, 59 and 60) - 66th Session
“The Committee notes the efforts of the State party in combating discrimination, but is concerned that discrimination continues to be prevalent against children in marginalized and disadvantaged situations, such as children belonging to minority groups, including Lyuli children, children in care institutions, children with disabilities, girl children, children of migrant workers, children not registered as residents and children belonging to the lesbian, gay, bisexual, transgender and intersex (LGTBI) group.”
“The Committee urges the State party to take urgent measures to prevent discrimination against children in marginalized and disadvantaged situations, such as children belonging to minority groups, including Lyuli children, children in care institutions, children with disabilities, girl children in rural areas, children of migrant workers, children not registered as residents and children belonging to the LGTBI group, and periodically evaluate the outcomes of its measures. The Committee also recommends that the State party include information in its next periodic report on measures and programmes relevant to the Convention and undertaken by the State party in follow-up to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference.”
“The Committee welcomes the amendments to the Criminal Code increasing the punishment to up to 10 years’ imprisonment for kidnapping of “brides” below the age of 17 years and notes that, as the result of a one-year campaign on “bride-kidnapping”, the number of incidents of bride-kidnapping has decreased. However it is seriously concerned about the continuing widespread practice of bride-kidnapping of underage girls and that cases often remain unreported by the victims owing to social stigma and pressure. The Committee is also concerned about the increasing numbers of early marriage of girls forced by parents owing to social and economic difficulties.”
“The Committee recommends that the State party take all necessary measures to ensure that all incidents of “bride-kidnapping” are promptly, impartially and effectively investigated, that all those responsible for such abuses are held accountable, prosecuted and sanctioned, and that victims of such abuses obtain redress. It also recommends that the State party prevent early marriages of girls by developing and undertaking comprehensive awareness-raising programmes on the negative implications of early marriage for the girl child’s rights to health, education and development, targeting in particular traditional and religious leaders, parents and State parliamentarians.”
“The Committee notes the Education Development Strategy for 2012–2020 and the Presidential National Sustainable Development Strategy for 2013–2017, which prioritize inclusive education for children with disabilities. However, the Committee is concerned at:
(a) Widespread institutionalization of children with disabilities and that institutions are often located far from their home;
(b) Social and economic exclusion of children with disabilities owing to widespread stigmatization and negative attitudes towards them;
(c) Lack of adequate support for families with children with disabilities aimed at providing access to care at home;
(d) Insufficient social benefits for families with children with disabilities;
(e) Lack of access to preschool and school education for children with disabilities owing to a lack of trained teachers, a rigid curriculum and physical and social barriers;
(f) Deaths of children with disabilities in care institutions reportedly owing to the neglect of their health and the lack of monitoring mechanisms to prevent such incidents;
(g) Lack of stimulating activities for the development of children with mental disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to ensure the conformity of its legislation, policies and practices with, inter alia, articles 23 and 27 of the Convention, with the aim of effectively addressing the needs of children with disabilities in a non-discriminatory manner. Furthermore, the Committee recommends that the State party take all the necessary measures to:
(a) Develop a policy on deinstitutionalization and prevent excessive institutionalization of children with disabilities by providing all the necessary support to families with children with disabilities and ensure sufficient alternative family and community-based care options for children with disabilities deprived of family environment;
(b) Raise the awareness of the public, in particular children, about the rights of children with disabilities and take measures for their successful integration into society;
(c) Ensure that social benefits for families with children with disabilities are sufficient to cover the basic needs of such children;
(d) Provide inclusive education for children with disabilities by training teachers, providing schools with necessary equipment and raising the awareness of school personnel, children and the public in general of the rights of children with disabilities;
(e) Ensure prompt and effective investigation into cases of deaths of children with disabilities in care institutions and establish an independent monitoring of care institutions, in particular of the health-care services provided to children in such institutions;
(f) Ensure that all children with mental disabilities are provided with appropriate stimulating activities.”
“The Committee is concerned about:
(a) The increasing number of children not attending schools owing to their involvement in the labour market, the trend being especially high among Lyuli children;
(b) The lack of qualified teachers owing to low salaries, which leads to a very low quality of education, and the lack of textbooks;
(c) Extortion of fees from parents, which prevents many children from attending school;
(d) Poor infrastructure of educational facilities which do not meet safety standards and lack water supply and sewage system, adequate heating and electricity;
(e) Widespread violence and racketeering in schools, which has led to suicides and barred many high school students from attending school for safety concerns;
(f) The tendency to reassign Uzbek-language schools as Kyrgyz and mixed-medium schools following the 2010 ethnic violence.”
“Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure that all children, including minority children, have access to free and compulsory education, which is not compromised by their involvement in the labour market;
(b) Take measures to improve the quality of education, by training teachers, providing incentives to attract qualified teachers, ensuring a sufficient number of textbooks and conducting independent, regular assessments of children;
(c) Put an end to the practice of extorting fees from the parents of children attending school;
(d) Take measures to invest in and maintain the infrastructure of schools, including on access to water, sewage systems, heating and electricity, and ensure that school buildings respond to high safety standards;
(e) Put an end to school racketeering by supervising the behaviour of children and sanctioning those who are involved in racketeering activities;
(f) Take measures to ensure that children from minority communities, in particular Uzbek children, have access to education in their native language without any restrictions.”
“The Committee is concerned about discriminatory practices against minority groups and the continuing atmosphere of insecurity and tension since the ethnic conflict in 2010. It is particularly concerned about the increased segregation of minorities in many respects, such as through language and social polarization, largely mono-ethnic schools and a decrease in inter-ethnic friendships. The Committee is furthermore concerned about discriminatory practices against members of the Lyuli community in daily life.”
“The Committee recommends that the State party strengthen its efforts to reconcile communities and prevent discrimination against members of minority groups, through multilingual, common education and awareness-raising campaigns to promote tolerance and friendship among communities.”
(3 November 2004, CRC/C/15/Add.244, Concluding observations on second report, paras. 47, 48, 53 and 54)
“The Committee notes with appreciation the efforts being made by the State party to provide more inclusive education for children with disabilities. However, the Committee is concerned about the still significant number of children with disabilities who do not receive an education and at the still prevalent trend of institutionalizing children with disabilities....
“The Committee recommends that the State party: ...
d) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and into society, including by providing special training to teachers and by making schools more accessible; ...
f) increase resources, both financial and human, for special education, including vocational training, and the support given to families of children with disabilities;
g) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.
“The Committee ... is, however, concerned at the high dropout rates, especially among girls, due to forced marriages. ... The Committee is also concerned that ... access to education is made difficult for children who are migrants with no formal residence permits, working children and/or street children.
“The Committee recommends that the State party: ...
d) establish special educational programmes in order to accommodate the needs of working children, street children, migrants with no formal residence permits and children deprived of their liberty....”
Kuwait
(19 October 2022 CRC/C/KWT/CO/3-6, Advance Unedited Version, Concluding observations on the combined third to sixth periodic reports, paras 18, 27 and 39) - 91st Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination; violence against children, including abuse and neglect and, education, including vocational training and guidance”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children .”
L
- Lao People's Democratic Republic
- Latvia
- Lebanon
- Lesotho
- Liberia
- Libyan Arab Jamahiriya
- Liechtenstein
- Lithuania
- Luxembourg
Lao People's Democratic Republic
(1st November 2018, CRC/C/LAO/CO/3-6, Concluding observations on the combined third to sixth periodic reports, paras 14, 29, 30 and 38) - 79th Session
“The Committee welcomes the amendments to the Constitution in 2015, which incorporated a policy of solidarity and equality between ethnic minorities, as well as the revisions to the Law on Education, which introduced equal rights to education for all Lao citizens. However, the Committee is seriously concerned at the persistent disparities between children of different ethnic groups and between children residing in urban and rural areas. The Committee urges the State party to adopt a proactive and comprehensive strategy containing specific and well-targeted actions, including affirmative social actions to eliminate discrimination against children in marginalized or vulnerable situations — including girls, children belonging to ethnic or religious minorities and children living in rural areas.”
“The Committee commends the State party’s efforts to ensure the implementation of the rights of children with disabilities, including through the adoption of the Decree on Persons with Disabilities in 2014 and the ratification of the Convention on the Rights of Persons with Disabilities. The Committee is, however, concerned at:
(a) The strong correlation between poverty, ethnicity and disability in the State party, and the fact that children with disabilities are still stigmatized in society which may impede their access to education, health care and future employment;
(b) The absence of a systematic data-collection system to gather information on the situation of children and families affected by disability;
(c) The insufficient coordination and lack of quality services to provide early identification of disability and the necessary rehabilitation and other services to assist the social inclusion of children with disabilities;
(d) The lack of teachers trained to teach children with learning or developmental difficulties and the lack of adequate teaching equipment and materials.”
“Recalling its previous recommendations (see CRC/C/LAO/CO/2, para. 50), and taking into account its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Allocate financial and human resources to implement the National Plan of Action on Persons with Disabilities;
(b) Provide regular cash benefits to children with disabilities as a basic social protection;
(c) Organize the collection of data on children with disabilities, which is necessary in order to put in place appropriate policies and programmes for children with disabilities, especially targeting children with psychosocial or intellectual disabilities, including those from minority ethnic groups and rural areas;
(d) Strengthen coordination and referral mechanisms and improve the quality of services available to children with disabilities and their families, including through early identification and intervention programmes, targeting especially children from minority ethnic groups and rural areas and children living in poverty;
(e) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(f) Increase resources in mainstream schools and develop an efficient system for identifying the individual support needs of children with disabilities;
(g) Train specialist teachers and professionals and assign them to integrated classes providing individual support and all due attention to children with learning difficulties;
(h) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of such children.”
“The Committee welcomes the adoption of the revised Law on Education, which makes primary and lower secondary education compulsory and raises the age of compulsory education to at least 14 years, as well as the reaching of near universal coverage. The Committee notes the important disparities still remaining between girls and boys, urban and rural areas, and between ethnic groups. With reference to target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access at all levels of education and vocational training, and especially for children in vulnerable situations, the Committee recommends that the State party:
(a) Take the necessary measures to improve the accessibility to and quality of education, including for early childhood care and education;
(b) Provide quality training for teachers, with a particular emphasis on rural areas;
(c) Undertake additional and concerted efforts to eliminate “secondary costs”;
(d) Continue its efforts to improve the technical and vocational education and training programme with a view to making it market-driven, affordable and flexible, and prepare children to have better employment opportunities during adulthood;
(e) Ensure that child rights education is taught at all levels of the education system as appropriate.”
(3rd July 2015, CRC/C/OPSC/LAO/CO/1, Concluding observations on the report submitted by the Lao People’s Democratic Republic under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 21 and 22) - 69th Session
“The Committee is concerned about the lack of disaggregated data on children who are vulnerable to being sold and to being used for prostitution and pornography, such as children from ethnic minorities, particularly Mon-Khmer and Tibeto-Burman, migrant and refugee children, children living in institutions, transgender boys, children working in exploitative conditions, children from rural areas and children living in poverty. The Committee is also concerned about the lack of a comprehensive data collection system covering all offences under the Optional Protocol, which would enable the State party to identify the extent to which children are being sold or used for prostitution and pornography, and the specific forms of those crimes.”
“The Committee recommends that the State party develop and implement a comprehensive, coordinated and effective system of data collection, analysis, monitoring and impact assessment on all areas covered by the Optional Protocol. The data should be disaggregated by, inter alia, sex, age, nationality and ethnic origin, region and socioeconomic status, and particular attention should be given to children who are at risk of becoming victims of crimes under the Optional Protocol. Data should also be collected on the profile of perpetrators and the number of prosecutions and convictions, disaggregated by the nature of the offence.”
“The Committee notes that the State party has made some efforts to prevent sexual exploitation of and trafficking in children, including through awareness-raising campaigns in communities about the risk of child trafficking and sexual exploitation. However, the Committee is seriously concerned that the State party is primarily a country of origin for human trafficking, with the primary destination being Thailand, that an overwhelming majority of victims of sexual exploitation are girls aged between 10 and 18 years and that most of them are forced into child prostitution. The Committee is particularly concerned that:
(a) The current policies and programmes are inadequate to address the underlying root causes of the sale of children, child prostitution and child pornography, such as discrimination against children belonging to ethnic minorities, poverty, a high rate of school dropouts, lack of access to free education, children living in street situations and unsafe labour migration, particularly to Thailand;
(b) The construction of hydropower dams and the operations of large-scale extractive industries are leading to the displacement of communities, particularly children from ethnic minorities, and consequently exposing them to abuse, sexual exploitation and trafficking;
(c) Despite the increasing birth registration, around 67 per cent of registered children do not possess birth certificates and birth registration among Hmong-Mien households is particularly low, leaving them vulnerable to the offences under the Optional Protocol;
(d) Lack of public awareness of crimes of sexual exploitation of children, including among parents and children themselves, and the social and cultural tolerance of sexual exploitation of children in communities are preventing the reporting and prosecution of such crimes;
(e) There is a lack of child participation mechanisms in the development of legislation, policies and programmes to address sexual exploitation of and trafficking in children.”
“The Committee urges the State party to adopt a comprehensive approach to addressing the root causes of offences under the Optional Protocol and target families and children in the most vulnerable situations, including members of the Mon-Khmer and Tibeto-Burman ethnic groups. In particular, the Committee recommends that the State party strengthen its poverty reduction strategies and supportive social protection measures for families in disadvantaged and marginalized situations, including child-centred early intervention programmes, to support parents in better performing their care and protection responsibilities towards children. It further urges the State party to:
(a) Prevent and/or end the displacement of indigenous children owing to the construction of hydropower dams and the operations of large-scale extractive industries, and mitigate the risk of children being exposed to the offences under the Optional Protocol and enable access to effective judicial and non-judicial mechanisms to provide remedy for them and their families when their rights have been violated;
(b) Expand the State party’s existing legal requirement to conduct impact assessments that explicitly address children’s rights and include the differential CRC/C/OPSC/LAO/CO/1 6 impact on certain categories of children, such as indigenous children, using the framework of the Optional Protocol and relevant concluding observations and general comments issued by the Committee;
(c) Continue and strengthen its measures to ensure that all children, including children from Hmong-Mien households, are registered at birth;
(d) Carry out intensive awareness-raising activities through mass media and community participation, including mobilization of community leaders, local teachers and youth and children’s groups to change attitudes about sexual exploitation of children, including child pornography, and encourage reporting of such crimes;
(e) Incorporate child participation mechanisms when developing legislation, policies and programmes to effectively prevent sexual exploitation of and trafficking in children. To this end, the Committee further recommends that the State party create an enabling environment, free of intimidation and reprisals, to encourage and support children to participate and freely express their views.”
“The Committee welcomes the ratification by the State party in September 2009 of the Convention on the Rights of Persons with Disabilities and the inclusive education policy that exists in the State party…
“The Committee recommends that the State party:
(a) Continue, develop and strengthen programmes and services, including those providing support to families with children with disabilities, aimed at encouraging the inclusion of children with disabilities in society…”
Latvia
(28 June 2006, CRC/C/LVA/CO/2, Concluding observations on second report, paras. 20, 39, 40, 41, 50, 51, 53, 63 and 64)
“The Committee ... reiterates its previous concern that the principle of non-discrimination is not fully implemented in Latvia for children belonging to minorities, including Roma children, children with disabilities, and children living in rural areas, in particular with regard to their access to adequate health and education facilities.
“... The Committee is also concerned that in spite of the declared inclusive policy of the State party, the majority of children with disabilities attend special schools, and that an unknown but allegedly high number of children do not attend school at all.
“The Committee recommends that the State party: ...
b) provide early childhood education and care and primary and secondary education for children with disabilities in a way that corresponds to the needs of these children, preferably in mainstream educational facilities, and is conducive to the child’s achievement of the fullest possible social integration and individual development, and that it provide adequate support, supervision and training to persons working with children with disabilities, including teachers in mainstream schools, and pay special attention to children not attending school; ...
d) undertake awareness-raising campaigns that focus on prevention, inclusive education, family care and the promotion of the rights of children with disabilities, as well as combating negative societal attitudes towards children with disabilities; and
e) remove physical barriers to enable effective access of children with disabilities to schools and other institutions and services.
“The Committee also urges the State party to review existing policies and practice in relation to children with disabilities, giving due attention to the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69).
“... The Committee also expresses concern regarding unsatisfactory conditions of State boarding schools for children with special needs or who are deprived of parental care.
“The Committee recommends that the State party take immediate steps to allocate appropriate financial and human resources:
a) to ensure that all children from all areas of the country, without distinction, including children in pretrial custody and detention, have equal access to quality education, including human rights education;
b) to strengthen measures aimed at decreasing drop-out and repetition rates in primary and secondary education in all regions, and to ensure that all children have equal opportunities to complete their education....
“The Committee recommends that the State party:
a) undertake measures to ensure the availability of adequate facilities for refugee children in Latvia, including access to legal counsel and medical care, as well as the availability of education, irrespective of the status of the refugee child....
“The Committee notes that bilingual education for minorities will be provided until the ninth grade only (end of primary education), and that comprehensive and professional secondary education, as well as vocational education, will be provided in the Latvian language only, with the exception of subjects related to language, identity and culture of minorities, which can be taught in the minority language. While the State party declares that it is carefully monitoring this process, the Committee remains concerned that those children required to learn a new language may experience difficulties in following the instruction:
“The Committee recommends that the State party:
a) continue to provide information to children and their parents about the shift to the Latvian language in secondary education;
b) assist children who have language deficits;
c) train teachers to ensure that children are not disadvantaged by the new medium of instruction; and
d) continue to monitor and to include information on the implementation of the language policy in the educational system in the next State party report.”
Lebanon
(22 June 2017, CRC/C/LBN/4-5, Concluding observations on the combined fourth and fifth periodic report, Paras. 14, 28, 29, 34, 35 and 36) - 75th session
“The Committee recommends that the State party:
(a) Ensure that all children enjoy equal rights under the Convention, in law and practice, without discrimination;
(b) Intensify efforts to eliminate all forms of discrimination against children of migrant workers, refugee children and children in marginalized situations, including Dom and Bedouin children and children with disabilities, by reviewing relevant laws, including the 1951 Registration of Personal Status Law, and by conducting awareness-raising campaigns at the community level and in schools;
(c) Undertake a national dialogue with the relevant religious communities and civil society organizations with a view to establishing a common civil code regarding personal status and inheritance applicable to all children regardless of religious affiliation.”
“While noting legislative initiatives to further protect the rights of children with disabilities and efforts to integrate them into mainstream education, the Committee is concerned about:
(a) Children with disabilities continuing to face discrimination and not being integrated effectively into all areas of social life, including the education system, in particular Palestinian and Syrian refugee children;
(b) Inadequate health-care services, in particular in public hospitals, and inadequate and insufficient rehabilitation services, in particular for Syrian refugee children;
(c) Lack of financial assistance and other support services to families of children with disabilities;
(d) The high rate of institutionalization of children with disabilities, inadequate care in residential care institutions and abuse and violence by service providers, including sexual abuse”
“Taking into account its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and finalize the national plan of action in line with the State party’s strategy on the rights of the child with disabilities. It specifically recommends that it:
(a) Strengthen efforts to implement the requisite legislative framework and policies for the effective protection of the rights of children with disabilities on the basis of a human rights-based approach to disability, in particular children in situations of poverty, including Palestinian and Syrian refugee children, and take all the necessary measures to ensure that children with disabilities are integrated fully into all areas of social life;
(b) Ensure that public and private schools provide inclusive education and that all schools and care facilities are accessible, including by stepping up the implementation of Law No. 220 of 2000;
(c) Continue to strengthen measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(d) Continue to strengthen support to caregivers of children with disabilities, including by increasing social benefits and other services, with a view to deinstitutionalizing such children;
(e) Ensure periodic review of the placement of children with disabilities in alternative care settings and monitor the quality of care therein, especially in relation to children with psychosocial or intellectual impairments, including by providing accessible channels for reporting, monitoring and remedying maltreatment;
(f) Continue to undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities;
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities.”
“The Committee commends the State party for its overall high net enrolment rates, for raising the age of compulsory education to 15 years, for expanding early childhood education and for adopting numerous initiatives to ensure Syrian refugee children have access to education, including through the implementation of the “Reaching All Children Through Education” initiative. However, it is seriously concerned about:
(a) Inadequate funding for public schools, relatively low educational achievements of children from economically disadvantaged communities, low retention and high dropout rates, in particular among Palestinian and Syrian refugee children;
(b) Insufficient access to education by non-Lebanese children, including children of migrant workers, and children from low-income families, as well as barriers to education, including costs for uniforms, books, supplies and transportation;
(c) Insufficient access to early childhood care and education, in particular within the public school system;
(d) The insufficient number of professionally trained teaching staff at all levels and insufficient number of specialized teachers for children with disabilities, inadequate teacher training and materials, and poor infrastructure in the public school system.”
“Taking note of targets 4.1, 4.2, 4.5 and 4.a of the Sustainable Development Goals, the Committee urges the State party to:
(a) Ensure the right to compulsory and free education for all and continue efforts aimed at improving access to education by refugee, asylum-seeking and stateless children by addressing barriers to access to education, including inadequate facilities and funding;
(b) Strengthen efforts to improve the retention and reduce the premature dropout rate and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school;
(c) Take measures to increase the overall quality of education, in particular with respect to the public schools, and increase the number of qualified teachers, including teachers working with children with disabilities, and enforce quality standards for non-formal programmes;
(d) Update the school curricula, ensuring that it is broad, relevant and inclusive, develops rights-based learning and assessment and ensures children’s participation;
(e) Implement its policy on early childhood care and education and allocate sufficient financial resources for its implementation, in particular in areas outside of Beirut and Mount Lebanon;
(f) Ensure access to safe play areas, green spaces and cultural facilities for all children, in particular those from marginalized backgrounds.”
“Noting the commendable role that the State party has played in ensuring the protection of the overwhelming number of refugees in its territory, the Committee recommends that the State party:
(a) Further improve security, housing, access to clean water and sanitation facilities and access to education and health care;”
(8 June 2006, CRC/C/LBN/CO/3, Concluding observations on third report, paras. 27, 28, 50, 51, 64 and 73)
“The Committee ... is concerned at the persistent de facto discrimination faced by children with disabilities, the aforementioned foreign, refugee and asylum-seeking children, Palestinian children, children living in poverty, children in conflict with the law, and children living in rural areas, especially with regard to their access to adequate social and health services and educational facilities....
“The Committee recommends that the State party strengthen its efforts to eliminate discrimination against children with disabilities, foreign, refugee and asylum-seeking children, Palestinian children, children living in poverty, children in conflict with the law, and children living in rural areas and other vulnerable groups: ...
b) by ensuring that these children have equal access to health and social services and to quality education, and that services used by these children are allocated sufficient financial and human resources....
“The Committee expresses its concern at many constraints that prevent the full implementation of the Law No. 220 of 2000 on the rights of persons with disabilities. Despite the efforts of the National Committee for Disabled Affairs and the intergovernmental; disability committee under the Ministry of Social Affairs, the Committee notes with concern that children with disabilities are not provided with equal opportunities for full participation in all spheres of life, e.g. they have limited access to the physical environment, including public buildings, and transportation, information and communication, and inclusion of these children in the mainstream school system is still occasional....
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (see General Assembly resolution 48/96) and the recommendations adopted by the Committee on its Day of General Discussion on the rights of children with disabilities (see CRC/C/69): ...
d) ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs....
“The Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to: ...
c) ensure that primary education is free for all children and attended by all children, and adopt effective measures to decrease the repetition and dropout rates in primary education;
d) continue to take measures to increase enrolment rates in secondary education as well as technical and vocational education and training, including for girls, children living in rural areas, and children with disabilities....
“... the Committee continues to be deeply concerned about the harsh social and economic living conditions of Palestinian refugee children in refugee camps, their limited access to public services, including social and health services and education....”
Lesotho
(25th June 2018, CRC/C/LSO/CO/2, Concluding observations on the second periodic report of Lesotho, paras 18, 30, 31, 41, 42,, 53, 54, 55 and 56) - 78th Session
“The Committee recalls its previous concluding observations (para. 26) and recommends that the State party take more active measures to end all forms of discrimination against children, with special attention to discrimination against girls and their right to inheritance, as well as to access to education and to basic services, in particular for children living in rural areas, herd boys and girls, children with disabilities and albinism, children with HIV/AIDS, children born to unmarried parents and ethnic minorities.”
“The Committee is seriously concerned at the reportedly increasing sexual abuse of school girls and girls engaged in domestic work...”
“With reference to its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and taking note of target 5.2 of the Sustainable Development Goals, on eliminating all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation, the Committee urges the State party to:
(a) Take all measures necessary to prevent and combat the sexual abuse of school girls and girls engaged in domestic work…”
“The Committee notes the adoption of the Policy on Disability (2016) and the Disability Equity Bill (2018), and that in accordance with the Constitution, under the principles of State policy, the Government should provide for the needs of persons with disabilities. However, the Committee is seriously concerned at:
(a) The fact that the National Disability Bill has been awaiting adoption since 2011 and that there is no strategy for the inclusion of children with disabilities;
(b) Limited access to community-based rehabilitation, early identification and referral programmes for children with disabilities and the inadequate support and resources for service providers and families of children with disabilities;
(c) Stigmatization of children with disabilities owing to societal and cultural attitudes;
(d) Limited access to transportation, schools, health care, public spaces and service delivery in all areas, especially in rural communities;
(e) Inadequate social assistance provided to children with disabilities;
(f) The scarcity of documents and information in Braille;
(g) The absence of disaggregated data on children with disabilities by type of disability, age and gender.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, and taking note of Sustainable Development Goals 4, 9, 10 and 11, the Committee urges the State party to:
(a) Adopt a human rights-based approach to disability;
(b) Strengthen the legislative framework by reviewing and adopting the National Disability Bill and enforcing the implementation of the Policy on Disability;
(c) Set up a comprehensive strategy for the inclusion of children with disabilities;
(d) Increase financial, human and technical resources for children with disabilities and expand community-based rehabilitation, early identification and referral programmes for children with disabilities and provide the necessary human, technical and financial support to service providers and families of children with disabilities;
(e) Develop and support community campaigns and programmes to address discrimination and stigma against children with disabilities and create awareness of early detection and interventions;
(f) Improve access to transportation, schools, health care, public spaces/buildings and service delivery in all areas, especially in rural communities;
(g) Provide access to documents and information in Braille;
(h) Undertake measures to improve the collection and analysis of disaggregated data on children with disabilities with a view to informing law, policy and practice.”
“The Committee welcomes the Education Act (2010), which made primary education free and compulsory for learners 6 to 13 years of age for a duration of 10 years; initiatives such as the Orphans and Vulnerable Children Bursary Programme, free meals in pre-primary and primary schools and the National Policy on Integrated Early Childhood Care and Development (2013); and the increases in the availability of preschool places and in the number of primary and secondary schools. However, the Committee is concerned at:
(a) The hidden costs of public primary education, such as for transportation and lunches, in particular in rural areas, and high school fees for secondary education;
(b) Low enrolment rates in secondary school, for boys in particular, especially in rural areas;
(c) Poor school infrastructure, overcrowding, lack of certified teachers and the long distances students must travel to attend school;
(d) Disparities between urban and rural areas in the quality of and access to education;
(e) Pregnant teenagers and adolescent mothers being expelled from school as a form of discipline and being barred from returning after childbirth;
(f) Limited access for children with disabilities to inclusive education, in particular at the secondary level, owing to the lack of assistive devices and well-trained specialized teachers…”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of target 4.1 of the Sustainable Development Goals, on ensuring that all girls and boys complete free, equitable and quality primary and secondary education, and target 4.2, on having access to quality early childhood development, care and pre-primary education, the Committee recommends that the State party:
(a) Review the implementation of its free and compulsory primary education programme to identify and address the challenges therein;
(b) Address the hidden costs of education, in particular in rural areas, and provide sufficient budget funding to the education sector;
(c) Identify factors contributing to low enrolment rates at the secondary education level, of boys in particular, and take effective measures to increase children’s enrolment in and access to secondary school, including by expanding subsidy schemes to cover the fees for disadvantaged children;
(d) Provide sufficient resources to improve school infrastructure, increase the number of certified teachers and provide transportation to schools;
(e) Adopt effective measures to improve the access of children to quality education;
(f) Address the high number of dropouts among girls owing to pregnancy and ensure that pregnant girls and adolescent mothers are supported and assisted in continuing their education;
(g) Undertake measures, including through international cooperation, to provide assistive devices, in particular in secondary schools, to train a sufficient number of specialist teachers and professionals to provide individualized support, and to ensure that professionals are adequately trained, so that children with all forms of disabilities can effectively enjoy their right to high-quality inclusive education…”
“The Committee notes the special action programme for the elimination of the worst forms of child labour (APEC) and the establishment of a child labour unit that is responsible for addressing child labour issues in the country. However, the Committee is concerned that…
(c) Child labour negatively affects schooling and leisure time, in particular for children in rural areas…”
The Committee recommends that the State party…
(c) Raise awareness among parents on the importance of education and provide financial support for children in the most disadvantaged situation
Liberia
“The Committee notes as positive the incorporation of an inclusive policy in the Education Sector Plan 2010-2020 as well as in the Children’s Law and commends the State party for establishing the Commission on Disabilities in 2008. However, it is concerned about:
(a) The high level of stigmatization of children with disabilities;
(b) The Education Reform Act, which does not include an obligation for the education of children with disabilities;
(c) The lack of trained teachers to cater for the needs of children with disabilities at schools;
(d) Children with disabilities who do not receive standard immunizations or basic health care, and face difficulties in accessing confidential reproductive health services due to the stereotyped misconception that they are not sexually active;
(e) The absence of support for families with children with disabilities; and
(f) The inadequate resources allocated to the Commission on Disabilities, which prevents it from fulfilling its role effectively, including the collection of disaggregated data on the situation of children with disabilities.
“In light of its general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) , t he Committee recommends that the State party:
(a) Develop and launch active awareness - raising programmes including campaigns with a view to changing the societal misconceptions about children with disabilities and eliminating stigmatization;
(b) Strictly implement the Children’s Law and amend the Education Act to ensure that children with disabilities have equal access to education;
(c) Provide sufficient numbers of specialist teachers and professionals providing individual support in all schools and ensure that all professionals are adequately trained so that all children with disabilities can effectively enjoy their right to quality inclusive education…”
Libyan Arab Jamahiriya
(4 July 2003, CRC/C/15/Add.209, Concluding observations on second report, paras. 35 and 36)
“The Committee, while welcoming the efforts taken by the State party to guarantee rights to children with disabilities, remains concerned that the rights of children with disabilities have yet to be fully implemented, notably with respect to non-discrimination and to inclusion in regular education.
“The Committee recommends that the State party:
a) review existing policies and practice in relation to children with disabilities, taking due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on children with disabilities (see CRC/C/69); ...
d) undertake greater efforts for inclusive education of children with all forms of disability....”
Liechtenstein
(16 March 2006, CRC/C/LIE/CO/2, Concluding observations on second report, paras. 16)
“The Committee welcomes the adoption in 2003 of the five-year National Action Plan on the follow-up to the Durban Programme of Action and welcomes the inclusion in school curriculum of activities on the prevention of exclusion, intolerance and racism....”
Lithuania
(17 March 2006, CRC/C/LTU/CO/2, Concluding observations on second report, paras. 26, 27, 28, 47, 54 and 55)
“The Committee reiterates its concern at the fact that the principle of non-discrimination is not being fully implemented for children living in vulnerable families and in institutions, children with disabilities, Roma children, refugee and asylum-seeking children and children living in rural areas, in particular with regard to their access to adequate health and educational facilities.
“The Committee recommends that the State party take more effective measures to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention, by effectively implementing the existing laws which guarantee the principle of non-discrimination. The Committee also recommends that the State party prioritize social and health services and equal opportunities to education for children belonging to the most vulnerable groups.
“Furthermore, the Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account the Committee’s general comment No. 1 (2001) on article 29, paragraph 1, of the Convention (aims of education) (CRC/GC/2001/1) and general comment No. 4 (2003) on adolescent health (CRC/GC/2003/4).
“The Committee recommends that the State party: ...
c) further encourage their inclusion into the mainstream educational system and their integration into society;...
e) give due attention to the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (see CRC/C/69).
“... The Committee is also concerned that there exists discrimination regarding access to education by ethnic and/or national minorities, especially Roma, and that other marginalized groups of children, including children with disabilities, as well as children in the socially and economically vulnerable families face difficulties of access to schooling....
“The Committee recommends that the State party:
a) take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. Roma children, those living in poverty, children with disabilities, etc.); ...
d) strengthen the support to children of the rural communities, minority groups and risk group families so that these children are able to attend school....”
Luxembourg
(21 June 2021, CRC/C/LUX/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 3, 22, 23, 27 and 32) - 87th session
“Finally, the Committee welcomes the adoption of the Act of 28 February 2018 on strengthening measures to combat the exploitation of prostitution, and procuring, and trafficking in human beings for sexual purposes, which establishes the seeking, accepting or obtaining of sexual relations with a child in exchange for payment or a promise of payment as a criminal offence.“
“The Committee welcomes the measures taken by the State party during the COVID-19 pandemic to provide support to families with children with disabilities. It takes note of the Act of 20 July 2018 providing for the establishment of nine centres of expertise in educational psychology for inclusive education, but remains concerned that there is insufficient professional training aimed at inclusion. It is also concerned that:
(a) Girls with disabilities remain at high risk of multiple forms of discrimination, and of being victims of gender-based violence, including domestic violence and sexual exploitation, which are difficult for them to report;
(b) Although there are positive measures in place for the use of contraception by sexually active adolescents with disabilities, the policy on forced sterilization of children with disabilities is not clearly formulated;
(c) There are gaps in the availability of qualified and trained personnel, including speech therapists, child psychiatrists who establish diagnoses, psychomotor therapists and occupational therapists;
(d) The 2019–2024 national action plan for the implementation of the Convention on the Rights of Persons with Disabilities is focused on inclusion in non-formal education and does not propose measures for inclusion in formal education;
(e) Creation of reasonable accommodation is a lengthy process, with very complicated administrative procedures, and is not always put into action;
(f) Children with disabilities are not asked to express themselves directly in matters that concern them, and often their parents are not consulted.“
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Address all forms of discrimination against children with disabilities in all settings;
(b) Set up comprehensive measures to develop inclusive education, and train and assign specialized teachers and professionals in integrated classes providing individual support and all due attention to children with learning difficulties;
(c) Take measures to detect, prevent and combat violence against children – especially girls – with disabilities, and collect and publish disaggregated statistics on the incidence of such violence;
(d) Ensure that there is a rights-compliant policy in place to prevent forced sterilization and that the relevant professionals are trained to apply the policy;
(e) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes, and to specialists such as speech therapists, child psychiatrists who establish diagnoses, psychomotor therapists and occupational therapists;
(f) Take all measures necessary to provide children with disabilities with reasonable accommodation in all settings, including at school and in leisure centres.“
“The Committee welcomes the introduction of French-speaking and/or English-speaking classes in certain high schools, as well as the creation of the first public and free international school in Differdange. It also welcomes the creation of the school mediation services aimed at preventing violence among children, handling complaints and providing recommendations. Taking note of target 4.1 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Continue measures to address inequalities generated by the COVID-19 crisis during home schooling, including by ensuring, among other things, the availability of computer equipment and sufficient Internet access;
(b) Continue investing the necessary resources to improve and/or expand schooling facilities and opportunities to ensure the right of all children, including children of migrant workers and asylum-seeking and refugee children, to access quality education in the State party;
(c) Continue its efforts to ensure that language does not become an obstacle in education, including through the provision of support classes and welcome units to provide assistance to children and their families with regard to languages;
(d) Continue its efforts to reduce school dropout and exclusions from school and to raise awareness about the services available to children and their families, in particular school mediation services, and implement the recommendations of school mediation services.“
“The Committee welcomes the measures taken by the State party to implement the recommendations contained in its concluding observations of 3 June 2016 on the State party’s initial report under the Optional Protocol on the sale of children, child prostitution and child pornography, in particular the development of training courses for professionals working in this area, and the adoption of the Act of 28 February 2018 on strengthening measures to combat the exploitation of prostitution, and procuring, and trafficking in human beings for sexual purposes. With reference to its 2019 guidelines on the implementation of the Optional Protocol, and recalling its previous recommendations, the Committee recommends that the State party:
(a) Strengthen its efforts to ensure that prevention efforts also target children in vulnerable and marginalized situations, including asylum-seeking and refugee children, as well as children affected by migration situations;
(b) Establish specialized mechanisms and procedures for the identification of children at risk of becoming victims of the offences covered in the Optional Protocol, in particular among children in vulnerable situations, and strengthen prevention programmes and the protection of potential victims;
(c) Ensure that the national legislation provides for definitions of “sexual exploitation of children in prostitution” and “commercial distribution of child abuse materials” in accordance with article 2 (b) and (c) of the Optional Protocol;
(d) Criminalize improperly inducing consent, as an intermediary, for the purpose of illegal adoption, in conformity with article 3 (1) (a) (ii) and article 5 of the Optional Protocol;
(e) Ensure that all children under the age of 18 are fully protected by the Criminal Code;
(f) Increase in-country expertise to ensure that specialized services, adequate support and age-appropriate information are provided to child victims of crimes under the Optional Protocol in a language they understand;
(g) Take the measures necessary to facilitate and increase access to appropriate accommodation for child victims of offences, particularly for children in the most vulnerable situations;
(h) Increase legal and psychological training opportunities for all professional groups responsible for assisting child victims and likely to come into contact with child victims of any of the offences covered in the Optional Protocol“
(20th July 2016, CRC/C/OPSC/LUX/CO/1, Concluding observations on the report submitted by Luxembourg under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 17, 18, 21 and 22) - 72nd Session
“While noting the efforts of the State party to prevent offences prohibited under the Protocol, the Committee is concerned that measures appear fragmented and do not cover all areas of the Protocol. In particular, the Committee is concerned about:(a) The limited information on efforts to protect children in vulnerable and marginalized situations, including asylum-seeking and refugee children, unaccompanied children and undocumented children;
(b) Insufficient provision at existing care facilities for identifying children at risk of becoming victims of offences under the Optional Protocol, and for guaranteeing the protection of victims, especially children outside the family environment;
(c) The lack of a legal framework to ensure that Internet-hosting services registered in the State party speedily remove illegal child pornographic content.”
“The Committee recommends that the State party increase its preventive measures to cover all areas of the Optional Protocol and in particular that it:
(a) Strengthen its efforts to ensure that prevention efforts also target children in vulnerable and marginalized situations, including asylum-seeking and refugee children, as well as children affected by migration situations;
(b) Establish specialized mechanisms and procedures for the identification of children at risk of becoming victims of the offences covered in the Optional Protocol, in particular among children in vulnerable situations, and strengthen prevention programmes and the protection of potential victims;
(c) Adopt legislative and other measures to ensure the prompt removal of child pornographic content and combat child pornography through other digital means such as peer-to-peer systems, newsgroups and e-mail.”
“The Committee welcomes the amendments made to the Criminal Code, through the adoption of the Law of 9 April 2014 on Strengthening the Rights of Victims of Human Trafficking and introduction of a definition of the sale of children, to reflect the provisions of the Optional Protocol. However, the Committee is concerned that:
(a) The existing legal framework does not cover all the forms of the sale of children covered by article 3 (1) (a) (i) of the Optional Protocol and that they are not classified as offences distinct from human trafficking;
(b) The provision of the Criminal Code punishing online grooming only protects children up to the age of 16;
(c) A definition of child prostitution as found in article 2 (b) of the Optional Protocol is lacking in the existing legal framework.”
“The Committee recommends that the State party:
(a) Define and criminalize the sale of children as defined in article 3 of the Protocol, a concept that is similar, but not identical, to trafficking in persons;
(b) Ensure that all children under the age of 18 are fully protected by the Criminal Code;
(c) Adopt a definition of child prostitution in accordance with article 2 (b) of the Optional Protocol.”
(31 March 2005, CRC/C/15/Add.250, Concluding observations on second report, paras. 48, 49, 50 and 51)
“... The Committee is also concerned about the information that educational facilities for children with behavioural problems and/or learning disabilities are limited in Luxembourg and that, in some cases, these children have been excluded from regular schools and located in facilities for mentally and physically disabled children.
“The Committee ... recommends that the State party take all necessary steps to put an end to the practice of placing children with learning disabilities and/or behavioural problems in facilities for mentally and physically disabled children.
“The Committee notes with satisfaction that refugee and asylum-seeking children have free access to the school system in Luxembourg and that the Ministry of Education has appointed intercultural mediators in order to facilitate the integration of foreigners in the educational system. However, the Committee is still concerned that a large number of foreign children (more than 40 per cent of the school population) are often disadvantaged by the educational programme and teaching methods in Luxembourg, including language problems.
“The Committee recommends that the State party consider all possible measures through which foreign children and children of asylum-seekers can be granted equal access to the same standard of services in the field of education. The Committee also encourages the State party to ensure that language does not become an obstacle in education and recommends any initiative, including support classes, to help children to learn the needed languages.”
M
- Macedonia
- Madagascar
- Malawi
- Malaysia
- Maldives
- Mali
- Malta
- Marshall Islands
- Mauritania
- Mauritius
- Mexico
- Federated Sate of Micronesia
- Monaco
- Mongolia
- Montenegro
- Morocco
- Mozambique
- Myanmar
Macedonia
(11 June 2010, CRC/C/MKD/CO/2 Concluding observations: The Former Yugoslav Republic Of Macedonia Paras. 7, 52, 53, 65, 66, 84 and 85. )
“The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report (CRC/C/15/Add.118, 2000) that have not yet been implemented, including those related to the review of national legislation for compliance with the Convention, birth registration, resources available to the social work centres, and the integration of children with disabilities into educational and recreational programmes, and to provide adequate follow-up to the recommendations contained in the present concluding observations.”
“The Committee notes the efforts of the State party at developing day care centres for children with disabilities but is concerned at the persisting inadequacy of educational, social and health services for children with disabilities and their families in their own living environment. In particular, the Committee notes that there remain many obstacles to ensuring equal access to education for children with disabilities.”
“The Committee recommends that the State party, in accordance with article 23 of the Convention and taking into account its General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), continue to strengthen measures to protect and promote the rights of children with disabilities, inter alia, by:
(a) Developing a comprehensive policy for the protection of children with disabilities and for their equal access to social, educational and other services;
(b) Undertaking greater efforts to make available the necessary resources, especially at the local level, and to promote and expand community-based and family-focussed programmes, including parent support groups;
(c) Pursuing efforts to ensure that children with disabilities, including moderate and severe developmental disabilities, are able to exercise their right to education to the maximum extent possible;
(d) Creating the conditions for participation of children with disabilities in the elaboration, execution and evaluation of programmes directed to them;
(e) Providing training for professional staff working with children with disabilities such as teachers, social and health care workers.”
“The Committee notes that the right to education of all nationals and resident stateless children is guaranteed by law, that efforts have been made to improve the quality of education, and that the State party plans to introduce conditional cash transfers with a view to encouraging enrolment and attendance in secondary schools. The Committee is, nevertheless, concerned that:
(a) There exist barriers to accessing education for children lacking birth registration and identity documents, children with disabilities and children in street situations;
(b) There is an increasing trend of separation along ethnic lines in schools, which has resulted in disparities in the quality of education and limited opportunities for children belonging to the different communities to interact with one another and in the intensification of inter-ethnic violence;
(c) The primary-level enrolment and completion rates remain low for Roma children, particularly girls, and that Roma children experience segregation and discriminatory treatment in schools;
(d) Roma children are allegedly overrepresented in schools for children with special needs and that the decision to refer children to such schools is not done by interdisciplinary teams and based on objective criteria;
(e) There is low availability of holistic early childhood development and education, facilities and institutions; and
(f) Religious education may be a factor of division and conflict among children in school and does not sufficiently contribute to a spirit of understanding, tolerance and friendship among all ethnic and religious groups as stipulated in Article 29(1)(d) of the Convention.”
“The Committee recommends that the State party:
(a) Undertake immediate measures to ensure that children are not denied access to education on any grounds;
(b) Develop specialised services to prepare children in street situations for reintegration into the school system;
(c) Work with the communities to encourage the enrolment of children in ethnically-mixed schools and provide in practice possibilities for children from the different communities to study together in a manner that allows every-day interaction and possibilities to learn about one another. The State party should undertake immediate measures to reverse the current trend of segregation along ethnic lines at all levels – national, regional and municipal;
(d) Taking into account its General Comment No. 1 (CRC/GC/2001/1) on the aims of education and Article 29(1) of the Convention, the Committee recommends that the State party invest in the training of teachers, in the development of curricula, textbooks and other aides for the active promotion of understanding, peace, tolerance and multi-cultural solidarity and cohesion among the different ethnic and religious communities;
(e) Continue and strengthen the measures to promote the integration of Roma children in mainstream education, especially by sensitising teachers and other professionals and assisting families in economic hardship;
(f) Strengthen measures to ensure that the decision to refer children to special schools is based on objective criteria, is taken by an interdisciplinary team of professionals, is subject to a periodic review, takes due account of the child’s linguistic and cultural background, and is not based on socio-economic reasons;
(g) Promote, develop and ensure access to early childhood development and education, especially for children at risk of delayed development and socioeconomic deprivation, taking into account the Committee’s General Comment No. 7 on implementing child rights in early childhood (CRC/C/GC/7); …
(i) Ensure that religious education is optional taking into consideration the best interests of the child, and is conducted in a manner that contributes to a spirit of understanding, tolerance and friendship among all ethnic and religious groups as stipulated in article 29(1)(d) of the Convention.”
“While noting with appreciation that mother tongue education is available for most communities, namely in the Macedonian, Albanian, Turkish and Serbian languages and the introduction of “Romani language and culture”, the Committee regrets the limited availability and lower quality of education in the language of certain minorities, particularly the Roma and Vlach communities.”
“The Committee recommends that the State party:
(a) Take all necessary measures to protect the rights of children belonging to minority groups, respect their culture and guarantee their enjoyment of the rights enshrined in the national constitution, domestic law and the Convention;
(b) Train educators and develop curricula, textbooks and other aides in order to increase the availability and raise the quality of minority language education, particularly for Roma (for all those groups who are using their own language) and Vlach children; and
(c) Ratify the European Charter for Regional and Minority Languages, which it has already signed.”
Madagascar
((9th March 2022, CRC/C/MDG/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 16 and 30)
“Taking note of targets 5.1 and 10.3 of the Sustainable Development Goals, the Committee recommends that the State party strengthen measures to eliminate discrimination, in particular against girls, twins, children with disabilities, children living with HIV/AIDS, children with albinism and children living in rural areas, through programmes and policies to eliminate inequalities in access to education, health care and development, and to raise awareness of non-discrimination and foster an inclusive and tolerant environment in schools and other spaces for children”
“While noting the absence of reliable data on children with disabilities in the State party and recalling the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights- based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Accelerate the establishment of the national committee for persons with disabilities;
(b) Organize the collection of data on children with disabilities and develop an efficient and harmonized system for disability assessment in order to facilitate access for children with all types of disabilities to all public services, including education and health, social protection and support services;
(c) Actively promote access for children with disabilities to inclusive education in mainstream schools equipped with trained and specialized teachers, accessible infrastructure and teaching materials adapted to the needs of children with disabilities;
(d) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(e) Undertake awareness-raising campaigns aimed at government officials, members of the public and families to combat the stigmatization of, and prejudice against, children with disabilities and promote a positive image of children with disabilities as rights holders;
(f) Address the specific needs of children with intellectual and psychosocial disabilities, such as autism spectrum disorders and trisomies, and in particular ensure that they are fully integrated into all areas of social life”
(30th October 2015, CRC/C/OPAC/MDG/CO/1, Concluding observations on the report submitted by Madagascar under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 18 and 19)- 70th Session
“The Committee regrets that legislation does not specifically criminalize the recruitment and use of children in hostilities by armed forces and non-State armed groups.”
“The Committee recommends that the State party expressly prohibit and criminalize the recruitment and use of children under the age of 18 in hostilities by armed forces and non-State armed groups.”
(28th October 2015, CRC/C/OPSC/MDG/CO/1, Concluding observations on the report submitted by Madagascar under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 19, 20, 25 and 26)- 70th Session
“The Committee is concerned that insufficient resources have been allocated to the implementation of the Optional Protocol, and in particular by the extremely limited resources allocated to the Ministry of Population, Social Affairs and the Promotion of Women. The Committee notes with concern that the decrease of the budget devoted to the sectors of health and education and reports that the high level of corruption faced by the State party continue to divert the scarce resources allocated to the implementation of the Optional Protocol.”
“The Committee recommends that the State party provide a sufficient operating budget to bodies monitoring violations of children’s rights, such as the National Child Protection Committee, the National Action Committee against child labour and the Independent National Commission on Human Rights, to help ensure the implementation and monitoring of the Optional Protocol. Adequate resources must be allocated to the Ministry of Population, Social Affairs and the Promotion of Women to ensure the sustainability of child protection networks and the adequate training of actors in those networks in each region. The Committee urges the State party to provide adequate resources for health and education and to intensify its efforts to combat corruption through the rigorous investigation of any diversion of resources allocated to the implementation of the Optional Protocol and to ensure that any act of corruption is penalized.”
“The Committee reiterates its concern at the widespread and continuing practice of child and forced marriages (CRC/C/MDG/CO/3-4, para. 53) and harmful practices, such as probationary one-year marriages involving underage girls (moletry) and “de facto unions” that can amount to the sale of children. It is particularly concerned about the lack of preventive measures, the small number of cases identified and the alarmingly low number of prosecutions.”
“In the light of its concluding observations on the implementation of the Convention (CRC/C/MDG/CO/3-4, para. 54), the Committee urges the State party to intensify its efforts to ensure that laws against child and forced marriages are duly implemented.”
(8 March 2012, CRC/C/MDG/CO/3-4, Concluding observations: Madagascar, paras. 47 and 48)
“The Committee is concerned about widespread discrimination against and social exclusion of children with disabilities in the State party. The Committee is particularly concerned about the situation of children with disabilities who are isolated in the home, and about their particular vulnerability to abuse, including sexual abuse, and their reduced access to appropriate health-care services. While welcoming efforts by the State party to facilitate access to education for children with disabilities, the Committee remains seriously concerned about the very low rate of access for education, where only 4 per cent of children with disabilities attend school.
“The Committee recommends that the State party urgently address the high level of discrimination against children with disabilities and take all available measures to ensure that the rights of such children are realized, in line with the Committee’s general comment No. 9 (2006) on the rights of children with disabilities. In particular, the Committee recommends the State party to:
(a) Eradicate impunity for abuse of children with disabilities by ensuring investigation, prosecution and appropriate sentencing of perpetrators of such abuse;
(b) Expand and strengthen awareness - raising activities for the community at large, aimed at combating prejudice and discrimination against children with disabilities;
(c) Strengthening the monitoring of situations of children with disabilities in the home, including training social workers on detecting signs of sexual abuse, in particular in children with mental disabilities;
(d) Take all available measures to improve the access to education for children with disabilities;
(e) Strengthen implementation of program me s and policies on inclusive education to improve the numbers of children with disabilities who have access to education;
(f) Increase access to appropriate health care for children with disabilities, including by providing training in relevant skills to health - care workers and encouraging families to access health - care services for children with disabilities; and
(g) Ratify the Convention on the Rights of Persons with Disabilities.”
(27 October 2003, CRC/C/15/Add.218, Concluding observations on second report, paras. 25, 27, 53, 54, 57 and 58)
“... the Committee is concerned at the disparities in the enjoyment of rights, e.g. to education, experienced by children belonging to the most vulnerable groups, including girls, children with disabilities, children born out of wedlock and children living in remote areas....
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking account of general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“... the Committee is concerned at the ... limited specialized health care, education and employment possibilities available for them....
“The Committee recommends that the State party: ...
d) review the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities;
e) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (see CRC/C/69); ...
g) strengthen policies and programmes of inclusion in regular education, train teachers and make schools accessible...
“The Committee ... remains deeply concerned at the high illiteracy rate in the State party, which affects more women than men ... and the important regional disparities between rural and urban areas. ... The Committee also welcomes the efforts undertaken by the State party to increase the enrolment of girls in school, notably through the National Plan of Action for Education of Girls (PANEF - 1996-2000), but it remains concerned at the disparities in school enrolment between boys and girls, with a much lower rate for the latter....
“The Committee recommends that the State party:
a) ensure that all children, especially girls, wherever they live, including in the least developed areas, have equal access to educational opportunities; ...
h) take measures to enable children with disabilities to have access to regular schools and to ensure that these children have access to formal and vocational educational opportunities; ...
j) provide teachers with adequate training and encourage more women to become teachers....”
Malawi
(6 March 2017, CRC/C/MWI/3-5, Concluding observations on the combined third to fifth periodic reports, Paras. 14, 25, 32 and 37) - 74th session
“The Committee welcomes the adoption by the State party of several recent acts and policies and recommends that it:
(a) Intensify its efforts to eliminate discrimination against groups of children in the most vulnerable situations, such as girls, children with disabilities, children with albinism, children living with HIV/AIDS and children in rural areas;
(b) Cooperate with the widest range of stakeholders, in particular the judiciary, through local structures, including children, community and traditional leaders and all sectors of society, to promote social and cultural change and create an enabling environment that promotes equality among children;
(c) Translate into local languages the existing laws and policies relating to the non-discrimination of children and raise awareness by disseminating them among the communities.”
“In the light of its general comment No. 18 (2014) on harmful practices, adopted jointly with the Committee on the Elimination of Discrimination against Women, the Committee urges the State party to:
(a) Take all measures necessary to eliminate child marriages;
(b) Disseminate the Childcare Protection and Justice Act and other relevant legislation at the local level, and particularly among traditional and religious leaders;
(c) Develop comprehensive awareness-raising campaigns and programmes on the provisions criminalizing harmful practices and on their negative consequences on children, as well as campaigns on the harmful effects of child marriage on the physical and mental health and well-being of girls, targeting households, local authorities, teachers, religious, traditional and community leaders and judges and prosecutors;
(d) Provide appropriate financial resources to front-line staff who implement legislation at the grass-roots level and strengthen the capacity-building of volunteers and police officers responsible for providing victim support unit services in order to ensure that they discharge their duties in the best interests of the child and in a child-sensitive manner.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Implement the Disability Act 2012 and corresponding national action plan, establish the Disability Trust Fund, identify strategies to deal with challenges experienced by children with disabilities and allocate adequate resources to the Department of Disability to implement the laws and policies effectively;
(b) Review the disability-related legislation and policies, particularly the 1971 Handicapped Persons Act, to ensure that they are aligned with the Disability Act and that the needs of children with disabilities are met;
(c) Establish national mechanisms for monitoring and reporting on disability, with particular focus on children with disabilities;
(d) Ensure that children with disabilities have access to inclusive early childhood care and education, early development programmes, health-care and other services, and ensure that such services receive adequate human, technical and financial resources;
(e) Adopt measures towards fully inclusive education;
(f) Collect and analyse data on the situation of all children with disabilities, disaggregated by, inter alia, age, sex, type of disability, ethnic and national origin and geographic location;
(g) Develop comprehensive campaigns to increase awareness among parents and relatives of children with disabilities, teachers and society in order to accept and respect the rights of such children.”
“In the light of its general comment No. 1 (2001) on the aims of education, and taking note of target 4.1 of the Sustainable Development Goals to ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee recommends that the State party:
(a) Eliminate the hidden cost of education, such as “development fees”, as well as gender and regional disparities in gaining access to education;
(b) Recruit newly qualified teachers to reduce the ratio of pupils to teachers;
(c) Address the high number of drop outs, particularly among girls, due to pregnancy, child marriage, poor sanitary conditions, poverty and family responsibilities;
(d) Address the sexual abuse of children, especially girls, by teachers and peers;
(e) Decentralize and simplify the re-admission process for adolescent girls returning to school after pregnancy and ensure they are given the appropriate support;
(f) Make schools accessible to children with disabilities and provide them with infrastructure, teaching and learning materials that are disability-friendly;
(g) Improve efficiency in the spending of resources allocated to the education sector;
(h) Reinforce and develop programmes to encourage the training of female teachers.”
(30 January 2009, CRC/C/MDA/CO/2 Unedited version, Concluding observations on second report, paras. 50, 62, 63, 64 and 65)
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party:
f) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
g) Consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee notes the adoption of the National Education Sector Plan and the Policy for Investment Framework. The Committee also notes the efforts made by the State party in order to achieve MDG 2 (primary education for all) and MDG 3 (gender parity). It further welcomes the special attention given to Early Childhood Education as well as the introduction of a Re-entry Policy to ensure that pregnant children can go back to school and the decrease of drop-out rates. However, the Committee remains concerned that while primary school is free it is not compulsory, and there are persistent gender and regional disparities, low quality of education, particularly due to limited number of teachers and high level of abuse and violence in the schools.
“The Committee recommends that the State party:
a) ensure that primary education is compulsory, free of direct and indirect costs and accessible to all children, including children living in rural and remote areas; ...
h) take into account the Committee’s general comment No. 1 (CRC/GC/2001/1) on the aims of education; and
i) seek technical assistance from UNICEF and UNESCO.
“While noting the information that the State party has established primary schools in refugee camps, and where there are no schools in the camps, children are allowed access to local schools, the Committee remains concerned at the lack of data on refugee children attending schools and accessing health care facilities, as noted in State party’s report.
“The Committee recommends that the State party: ...
b) allocate adequate resources to ensure refugee children greater access to education and health care facilities; ....”
Malaysia
(2 February 2007, CRC/C/MYS/CO/1 Unedited Version, Concluding observations on initial report, paras. 33, 34, 60, 61, 73, 74, 75, 83 and 84)
“Despite the efforts of the State party to address the issue of equality between sexes, the Committee notes with concern that the persistence of stereotypical attitudes concerning the roles and responsibilities of women and men still constitute an impediment to the full enjoyment of all human rights and fundamental freedoms by girls.
“The Committee recommends ... that the State party promote the inclusive role of women in society, among other things, by developing school curricula, such as recommended by the Committee on the Elimination of Discrimination against Women in its observations on the combined initial and second periodic report of Malaysia at its thirty-fifth session in 2006 (crc/C/MYS/CO/2, paras. 15-16).
“The Committee notes with appreciation that a number of measures have been taken by the State party to improve the situation of children with disabilities, particularly the establishment of community based rehabilitation centres which provide diagnosis, rehabilitation, treatment and special education for children with disabilities.
“The Committee recommends that the State party, taking into account the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), take all necessary measures to:
d) continue and increase the provision of community based programmes and services in order to allow children with disabilities to stay at home with their families; and
e) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification.
“The Committee commends the State party’s progress in quantitative expansion and qualitative upgrading of the educational system. It welcomes the Education Amendment Act 2002 (Act A1152) which made primary education compulsory to all children aged 6. The Committee notes as a positive factor that the enrolment rate of girls and boys in primary education is relatively equal.... The Committee also regrets that many children, in particular boys, drop out from secondary education....
“The Committee notes with appreciation the State party’s efforts to address the special educational needs of indigenous children and in particular the Orang Asli but it notes with deep concern their high drop-out rate....
“In the light of articles 28 and 29 of the Convention, and taking into account the Committee’s General Comment No. 1 (2001) on the aims of education (CRC/GC/2001/1), the Committee’s recommends that the State party continue to allocate adequate financial, human and technical resources in order to:
a) ensure that all children have equal access to quality education at all levels of the educational system and also ensure that access to education is not impeded by economic shortcomings;
b) continue to take measures to prevent children from dropping out of primary and secondary education, paying special attention to the causes resulting in the drop-out of boys, and take all necessary measures to address regional disparities in this respect;
c) strengthen its efforts to address the special educational needs of the Orang Asli and children from other indigenous groups, including by implementing “Stay with the School Programme”....
“The Committee notes with concern that many asylum-seeking and refugee children, among them the Muslim children from Myanmar, including the Rohingya refugee children who have lived in Malaysia since 1990s, lack access to formal education.
“With reference to articles 2, 22 and 28 of the Convention, the Committee recommends, that the State party take urgent measures to ensure that asylum-seeking and refugee children have access to free and formal primary, secondary and other forms of education, and that in particular refugee and asylum-seeking children who are engaged in informal education have access to official exams.”
Maldives
(14th March 2016, CRC/C/MDV/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 26, 27, 54, 55, 60, 61, 62 and 63) - 71st Session
“The Committee is concerned about:
(a) The discrepancy between article 20 of the Constitution, on equality of all citizens, and article 9 (b), which requires citizens to be Muslims and provides that non Muslims are excluded from obtaining citizenship;
(b) Continued discrimination against girls in law and practice, including subjecting them to the will of their paternal guardians under the Family Law and the denial of inheritance;
(c) Reports that some political figures and religious leaders have made remarks that are considered to be demeaning to girls and promote gender-based discrimination;
(d) Continued discrimination against children born out of wedlock or following out-of-court marriages, including denial of the right to establish a legal relation with their biological father and to carry their biological father’s surnames, as well as denial of inheritance;
(e) That children who are or are perceived to be lesbian, gay, bisexual, transgender or intersex are stigmatized and marginalized in the society.”
“The Committee urges the State party to make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination. The Committee also urges the State party to amend its legislation in order to eliminate any discrimination against girls, children born out of wedlock or following out-of-court marriages, and lesbian, gay, bisexual, transgender or intersex children. The Committee further urges the State party to investigate and punish all cases of political figures and religious leaders making remarks that are demeaning to girls and that promote gender-based discrimination and violence. The Committee encourages the State party to use legislative, policy and educational measures, including sensitization and awareness-raising, to end stigmatization of girls, of children born out of wedlock or following out-of-court marriages, and of lesbian, gay, bisexual, transgender or intersex children.”
“While welcoming the adoption of the Protection and Financial Assistance to Persons with Disabilities Act in 2010 and of the inclusive education policy in 2012, the Committee is concerned about the lack of full implementation of the Act. The Committee also remains concerned about the stigmatization of children with disabilities, the absence of disaggregated data on children with disabilities, and their lack of access to health services.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human-rights-based approach to disability, set up a comprehensive strategy, based on disaggregated statistical data, for the inclusion of children with disabilities and:
(a) Allocate sufficient resources for the full implementation of the Protection and Financial Assistance to Persons with Disabilities Act;
(b) Ensure that all children with disabilities are included in the disability registry and remove any existing financial or other obstacles to such registration;
(c) Strengthen its efforts to implement the inclusive education policy and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(d) Strengthen its efforts to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(e) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee welcomes the amendment made in 2014 to Law No. 9/91 (Child Rights Protection Act), which entitles all children living in the Maldives, including foreign children, to free education. The Committee notes the information that the draft Education Bill will introduce compulsory education up to grade 10 (15 years of age) but remains concerned about the delay in passing this bill. The Committee is also concerned that:
(a) The State party lacks a comprehensive early childhood care and education policy;
(b) Despite the provisions of the Disability Act 2010, children with disabilities have virtually no access to secondary education, especially in the atolls, and those included in ordinary schools face serious discrimination inside the classroom;
(c) A number of girls are reportedly being withdrawn from school.”
“The Committee urges the State party to adopt the Education Bill without further delay and in conformity with the Convention. The Committee further recommends that the State party:
(a) Adopt a comprehensive early childhood care and education policy;
(b) Ensure that all children, including children with disabilities, enjoy their right to education in equality with others;
(c) Undertake a study on the reasons for the withdrawal of girls from schools, with a view to designing and implementing appropriate policies and measures.”
“While noting the information provided during the dialogue that teaching resources are currently being reviewed, the Committee is seriously concerned about reports that some teaching resources from grade four onwards contain sexist and xenophobic material, as well as other elements that do not promote understanding, peace and tolerance.”
“With reference to its general comment No. 1 (2001) on the aims of education, the Committee urges the State party to immediately withdraw all content that is derogatory and that calls for discrimination and violence on the basis of sex and religious belief, and replace it with educational materials and programmes that reflect a spirit of understanding, peace, tolerance, equality of the sexes and friendship among all peoples, ethnic, national and religious groups, and promote the development of respect for human rights and for all civilizations.”
(13 July 2007, CRC/C/MDV/C0/3, Concluding observations on third report, paras. 35, 36, 37, 38, 65, 66, 77 and 78)
“Despite the efforts of the State party to address the issue of equality between the sexes, including through Maldives Vision 2020, the Committee continues to be disappointed that the persistence of stereotypical attitudes concerning the roles and responsibilities of women and men still constitute an impediment to the full enjoyment of all human rights and fundamental freedoms by girls. In particular, the Committee notes with concern that there is an emerging trend amongst certain religious groups to keep girls out of school.
“The Committee recommends that the State party continue to address the problems faced by the girl child and to campaign and create awareness among the population of the equality of girls and boys. The Committee suggests that local, religious and other leaders be invited to take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child and to provide guidance to communities in this regard. It also recommends that the State party promote the inclusive role of women in society, among other things, by developing textbooks and educational materials in schools, as recommended by the Committee on the Elimination of Discrimination against Women (crc/C/MDV/CO/3, paras. 17-18) in January 2007.
“The Committee remains concerned about the de facto discrimination faced by children with disabilities. It notes with concern that children with disabilities have limited access to social and health-care services and that they have very few opportunities for inclusive education....
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), prevent and prohibit all forms of discrimination against children with disabilities and ensure equal opportunities for their full participation in all spheres of life by implementing the Section 5 of Law No. 9/91 and other relevant provisions of domestic law....
“... The Committee regrets that a very limited number of children with disabilities are included in the mainstream education....
“The Committee recommends that the State party, taking into account the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), take all necessary measures: ...
d) to ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs; ...
f) to ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained;
g) to sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol....
“The Committee is concerned that gender biases and stereotypes in school textbooks, curricula and school management as well as the lack of appropriate sanitary facilities, including separate toilets, impede the full participation of girls in education, particularly in secondary schools.
“In the light of article 28 of the Convention, Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to: ...
c) remove gender biases and stereotypes from school textbooks and ensure the provision of girls’ sanitary facilities in all schools, and also provide school management and personnel with gender training....”
Mali
(3 May 2007, CRC/C/MLI/CO/2, Concluding observations on second report, paras. 48, 49, 60 and 61)
“While noting the development and increase in programmes and training courses related to children with disabilities as well as their inclusion into the regular educational system, the Committee is concerned at the lack of information and statistical data on the status of children with disabilities. The Committee is further concerned at reports that services for children with disabilities may be insufficient and are being reduced, that public area are not at all accessible for children with disabilities and that the legal framework to address the specific needs of children with disabilities is lacking.
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities, take all necessary measures to:
a) continue to encourage the inclusion of children with disabilities into the regular educational system and into society, inter alia by giving more attention to special training for teachers and making the physical environment – including schools, sports and leisure facilities and all other public areas – accessible for children with disabilities;
b) adopt an inclusive and rights-based legal framework that addresses the specific needs of children with disabilities;...
e) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification.
“The Committee acknowledged the efforts of the State party towards improving access to education, including for children with disabilities and nomadic children, increasing attendance rates and combating gender disparities by achieving education for all by 2015. However, it remains deeply concerned at the persistence of low rates of school enrolment and especially at the gender and geographical disparities with regard to access to education. The Committee is also concerned at ... the high dropout and repetition rates, particularly of girls....
“The Committee recommends that the State party:
a) continue with its programme to achieve education for all by 2015 by paying particular attention to increasing enrolment and enrolment parity between girls and boys and between urban, rural and remote areas....”
Malta
(26 June 2019, CRC/C/SR.2376 and 2377, Concluding observations on the combined third to sixth periodic reports, paras. 19, 31) - 81st Session
The Committee welcomes the amendments made to the Equality for Men and Women Act and to the Criminal Code to include sexual orientation, gender identity and religion as prohibited grounds of discrimination. Taking note of target 10.3 of the Sustainable Development Goals, the Committee recalls its previous recommendations (CRC/C/MLT/CO/2, para. 29) and recommends that the State party:
(a) Adopt and implement a comprehensive strategy addressing all forms of discrimination, that includes awareness-raising and educational programmes targeting children, families, the general public and faith-based organizations;
(b) Strengthen its efforts to combat racism, racial discrimination, xenophobia and related intolerance, which negatively affects children, especially asylum-seeking, refugee and migrant children;
(c) Take affirmative action for the benefit of children and in particular children in vulnerable and marginalized situations, such as asylum-seeking, refugee and migrant children, children with disabilities, and children born to unmarried parents.
With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights model of disability and:
(a) Organize the collection of data on children with disabilities and develop, with the participation of organizations of persons with disabilities, including children with disabilities, an efficient system for disability assessment, which is necessary for putting in place appropriate budgets, policies and programmes for children with disabilities;
(b) Adopt national minimum standards on early childhood care and education and on educational staff’s qualifications and training that are suited to the rights and educational needs of children with disabilities;
(c) Develop and implement a deinstitutionalization strategy ensuring sufficient alternative family- and community-integrated care, including appropriate assistance for parents to care for children with disabilities;
(d) Strengthen the implementation of the Policy on Inclusive Education in Schools, with specific measures to ensure that students with disabilities, including students with intellectual or psychosocial disabilities, are provided with reasonable accommodation; and train specialized teachers and professionals to provide individual support and all due attention to children with learning difficulties;
(e) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.
While recognizing the State party’s efforts to reduce the incidence of dropping out of school after the completion of compulsory education at 16 years of age, to address bullying behaviour in schools, and to integrate asylum-seeking and refugee children into mainstream education, the Committee notes with concern that children in vulnerable and marginalized situations, such as asylum-seeking, refugee and migrant children and children with disabilities, continue to face barriers in their access to quality education, including owing to delays in the registration of the asylum applications or to the lack of reasonable accommodation for children with disabilities in mainstream schools. It is also concerned about the phenomenon of bullying and cyberbullying, in the school environment and beyond.
Taking note of targets 4.5 and 4.A of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Take measures necessary for improving the accessibility to and the quality of education, including for children in vulnerable and marginalized situations, such as asylum-seeking, refugee and migrant children and children with disabilities, and implement a human rights-based approach to the entire educational system that is more inclusive and supports all children’s aspirations;
(b) Further strengthen and allocate adequate human, technical and financial resources for the implementation, monitoring and evaluation of the Framework for the Education Strategy (2014–2024);
(c) Continue its efforts to implement the Alternative Learning Programme, and further promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(d) Strengthen measures to combat bullying and raise awareness of its harmful effects, with particular emphasis on combating cyberbullying, including through ensuring the effective implementation of the Safe Schools Programme and allocating adequate human, technical and financial resources to the Child Safety Service and the Anti-Bullying Unit;
(e) Revise the curricula and the educational methodology to place further emphasis on the value of education, critical thinking, accepting differences, embracing diversity and building social cohesion.
(18 June 2013, CRC/C/MLT/CO/2, Concluding observations on the second periodic report)
“The Committee notes as positive the amendment of the Civil Code which aims at ensuring equality of rights for children regardless of the marital status of their parent(s). However, the Committee remains deeply concerned about serious instances of discrimination against children in irregular migration situations.”
“In accordance with article 2 of the Convention, the Committee urges the State party to increase its efforts to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds, including by considering targeted programmes for addressing discrimination against children in irregular migration situations. Furthermore, the Committee recommends that the State party develop, in consultation with the media, a code of conduct for the media with a view to eliminating stereotyping and stigmatization of persons in irregular migration situations. Furthermore, the Committee requests that the State party provide specific information in its next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related In tolerance, taking into account general comment No. 1 on article 29, paragraph 1, of the Convention on
the aims of education (CRC/GC/2001/1).”
“The Committee notes as positive the various initiatives undertaken by the State party to combat abuse, including its adoption of a Child Protection Policy for Schools and its successful prosecution of two priests for perpetrating abuse at the Saint Joseph Home in the State party. The Committee reiterates its previous concern (CRC/C/15/Add.129, para 33) at the under-reporting of child abuse and limited information available for determining the scope and frequency of it, the limited measures for the rehabilitation of child victims, and the insufficient awareness within society regarding the harmful consequences of ill-treatment and abuse, including sexual abuse, both within and outside the family.”
“The Committee recommends that the State party undertake concrete measures to establish a national database on all cases of domestic abuse and/or violence against children with a view to undertaking a comprehensive assessment of the extent, causes and nature of it. The Committee also reiterates its previous recommendations (CRC/C/15/Add.129, para. 34) to the State party to strengthen awareness-raising and education programmes including campaigns with the involvement of children in order to prevent and combat child abuse. In addition, the State party should strengthen measures to encourage reporting of instances of child abuse and prosecute perpetrators of these acts.”
“The Committee is concerned that unplanned adolescent pregnancies continue to be a significant problem in the State party. Furthermore, the Committee is gravely concerned that abortion is illegal in all cases and with no exception under the law of the State party and that girls and women who choose to undergo abortion are subject to imprisonment. In this context, the Committee is also concerned at this frequently resulting in girls and women in these situations seeking risky illegal abortions.”
“Referring to its general comment No. 4 on adolescent health (CRC/GC/2003/4), the Committee recommends that the State party:
(a) Develop and implement a policy which addresses the issues faced by adolescent mothers and protects them and their children from discrimination and violations of their rights; and in so doing , pay particular attention to ensuring that pregnant adolescents and adolescent mothers are supported and assisted in continuing their education; and
(b) Review its legislation concerning abortion , and consider including specific exceptions which allow for abortions with appropriate counselling and aftercare when this is in the best interests of the pregnant adolescent.”
“The Committee notes that the State party has a national agency (SEDQA) for prevention, treatment, and rehabilitation services to persons with drug, alcohol, and/or gambling problems, while supporting their families. However, the Committee is concerned that tobacco and alcohol consumption as well as drug and substance abuse among adolescents continue to be a significant problem in the State party.”
“The Committee recommends that the State party systematically analyse information that it collects through its participation in the European School Survey Project on Alcohol and Other Drugs on the consumption of alcohol, tobacco and illegal drugs amongst adolescents with the aim of using this information to formulate awareness-raising and education campaigns against substance abuse. Furthermore, the Committee recommends that the State party undertake measures necessary for the effective enforcement of the prohibition of the sale and marketing of such products to children; the Committee also recommends that the State party consider prohibiting all forms of advertisements promoting alcohol and tobacco products in media and/or information commonly accessed by children.”
“While noting that the State party has compulsory education for children between the ages of 5and 16, the Committee is concerned at the high rate of children discontinuing schooling after the completion of compulsory education at the age of 16.”
“The Committee recommends that the State party undertake a study to determine the root causes of why children choose to cease schooling after the completion of compulsory education. In so doing, the Committee recommends that the State party use the findings of the study to recommend specific improvements and reform measures of its education syllabus and teacher training to ensure that children are provided with quality education. This should include adequate vocational training options that are relevant to improving the quality and coverage of education services for all children.”
“The Committee notes that the State party has legislation criminalizing forced inducement, violence, threats or deceit to coerce prostitution, international trafficking, child labour and sexual exploitation. However, the Committee remains concerned that notwithstanding this, the State party remains a significant source and destination country for women and children subjected to sex trafficking.”
“The Committee recommends that the State party further intensify its efforts to raise awareness on sex trafficking and proactively identify trafficking victims among vulnerable populations, particularly migrants, women in prostitution, and foreign workers. It further recommends that the State party develop formal procedures for the identification and care of child victims of sale, sex trafficking and forced labour . The Committee recommends that the State party establish mechanisms to detect , investigate and prosecute, with commensurate sanctions, cases of child sale, trafficking and abduction. Furthermore, the Committee recommends that the State party undertake a study on the potential linkages between tourism and sexual exploitation in its territory.”
Marshall Islands
(27th February 2018, CRC/C/MHL/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 14, 27, 35, 36 and 37) - 77th Session
“While noting that the Constitution and legislation provide for protection from discrimination on several grounds, the Committee recommends that the State party:
(a) Amend section 12 of the Constitution to include disability as a prohibited ground for discrimination, in line with article 2 of the Convention and Proposal No. SC 13 of the Constitutional Convention (Amendment) Act of 2016, and ensure the full enforcement of relevant existing laws prohibiting discrimination;
(b) Take prompt measures to end de facto discrimination against all groups of marginalized and vulnerable children, particularly girls, children living in disadvantaged urban communities and on the outer islands, children living with HIV/AIDS and children with disabilities, including through targeted programmes ensuring equal access to all public services, in particular to adequate food, water, sanitation, quality education, adequate health care and housing;
(c) Carry out comprehensive education campaigns targeting relevant professionals working with and for children to prevent and combat all forms of discrimination, and establish accessible and effective mechanisms and procedures to monitor, receive and address complaints of discrimination.”
“While noting the adoption of the Rights of Persons with Disabilities Act 2015, the National Policy on Disability Inclusive Development (2014–2018) and Individualized Education Plans, as well as the creation of the Disability Coordinator’s Office, and with reference to its general comment No. 9 (2006) on the rights of children with disabilities and to Sustainable Development Goals 4, 9, 10 and 11, the Committee recommends that the State party adopt a human rights-based approach to disability and:
(a) Ensure the effective implementation of the Rights of Persons with Disabilities Act and the National Policy on Disability Inclusive Development;
(b) Develop and support community campaigns and programmes to address discrimination and stigma against children with disabilities;
(c) Give priority to measures that facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, such as leisure activities, community-based care and provision of social housing, with reasonable accommodation;
(d) Ensure access to all public buildings and public spaces, and all service delivery, and transportation in all areas, especially in the outer islands;
(e) Guarantee that all children with disabilities, including children with intellectual and psychosocial disabilities, have the right to inclusive education in mainstream schools, independent of parental consent, and ensure the availability of qualified assistance in integrated classes providing individual support and due attention to children with learning difficulties;
(f) Expand community-based rehabilitation, early identification and referral programmes for all children with disabilities and provide the necessary resources for families of children with disabilities.”
“The Committee draws attention to target 1.3 of the Sustainable Development Goals on implementing nationally appropriate social protection systems and measures for all, and recommends that the State party…
(b) Strengthen the support available to children living in poverty, in particular those in single-parent families, families with three or more children and families with children with disabilities, and ensure that social protection measures cover the real costs of a decent standard of living for children, including expenses relevant to their right to health, a nutritious diet, education, adequate housing, water and sanitation…”
“The Committee welcomes the adoption of the Public School System Act, which provides for the free and compulsory enrolment and attendance of children; the Public School System Strategic Plan for implementing the Child Rights Protection Act and the Public School System Child Protection Policy; the suspension in 2013 of the registration fee for all levels of public education; the nearly equal enrolment rates of boys and girls in both public and private elementary and secondary schools; and the solar panel installation project, which improved the access by students in the outer islands to education. However, the Committee is concerned about:
(a) The negative impact of indirect costs of education on children’s access to education, especially for children living in poverty;
(b) The low enrolment rates at the pre-primary, primary and secondary levels of education;
(c) The high dropout rates at all levels of education, owing, inter alia, to child marriage, child pregnancy and child labour;
(d) The insufficient measures taken to facilitate access to education for children in situations of vulnerability, in particular those living on the outer islands.”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations, the Committee recommends that the State party:
(a) Effectively implement the Public School System Act and the Public School System Strategic Plan for implementing the Child Rights Protection Act, and expeditiously adopt the new Child Protection Policy;
(b) Analyse the root causes of the low enrolment rates at the pre-primary, primary and secondary levels of education and implement appropriate actions to remedy it, including by eliminating the indirect costs of education;
(c) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(d) Develop and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(e) Take measures to ensure equal access to quality education in all areas, particularly in the outer islands, including by establishing more boarding facilities for students, especially girls and children with disabilities;
(f) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development.”
(19 November 2007, CRC/C/MHL/CO/2, Concluding observations on second report, paras. 48, 49, 62 and 64)
“The Committee is concerned ... at the limited access of children with disabilities to specialized educational programmes, in particular in the outer islands, as well as at the absence of specialized programmes outside the school environment.
“The Committee recommends that the State party, in accordance with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and General Comment No. 9 on the rights of children with disabilities:
a) further encourage the inclusion of children with disabilities into the regular educational system and into society;
b) facilitate access of children with disabilities to specialized educational programmes when required, in particular in the outer islands, including programmes outside the school environment;
c) pay more attention to special training for teachers and make the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; ...
g) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification.
“The Committee is concerned ... at the decline in female enrolment both at the elementary and secondary levels....
“The Committee recommends that the State party, while taking into account General Comment No. 1 on the aims of education, undertake measures to adopt the deficiencies in the area of education, inter alia by: ...
c) promoting female enrolment and ensuring the reduction of the dropout rate for both male and female students....”
Mauritania
(26th November 2018, CRC/C/MRT/CO/3-5, Concluding observations on the combined third to fifth periodic reports of Mauritania, paras 31, 35, 36, 38, 40 and 41) - 79th Session
“While welcoming the various legislative measures to ensure the rights of persons with disabilities and the establishment of the Directorate for Persons with Disability, the Committee urges the State party to adopt a human rights-based approach to disability and:
(a) Ensure that all children with disabilities, including those in rural and remote communities, have access to adequate health-care and mental health services, including early detection and intervention programmes;
(b) Guarantee all children with disabilities the right to inclusive education in mainstream schools, ensure that inclusive education is given priority over the placement of children in specialized educational institutions and classes, and train and assign specialized teachers and professionals working in integrated classes to support children with learning difficulties;
(c) Undertake awareness-raising campaigns aimed at government officials, the general public and families in order to combat the stigmatization of and prejudice against children with disabilities, especially children with psychosocial and intellectual disabilities, and promote a positive image of such children”
“The Committee welcomes the National Programme for the Development of the Education Sector 2011–2020 and the integration of human rights education into the school curriculum, but reiterates it previous concerns regarding the poor quality of education, low transition rates to secondary school and insufficient monitoring of private and Qur’anic schools (CRC/C/MRT/CO/2, para. 66). It is also deeply concerned about the recent closure, with no apparent replacement, of six public schools in Nouakchott, the high illiteracy rates, the limited availability of preschool education and primary schools, and the proliferation of private schools, which makes quality education prohibitively expensive for children living in disadvantaged or vulnerable situations.”
“Taking note of targets 4.1 and 4.2 of the Sustainable Development Goals, on ensuring that, by 2030, all girls and boys complete free, equitable and quality primary and secondary education, and have access to quality early childhood development, care and pre-primary education, the Committee recalls its previous recommendations (CRC/C/MRT/CO/2, para. 66) and recommends that the State party:
(a) Enhance efforts to increase the quality of education throughout the State party, including by providing continuous training to teachers, constructing and improving educational facilities and schools, including in rural areas, and strengthening vocational education programmes;
(b) Eliminate all hidden costs of education and increase access to secondary education;
(c) Adopt and implement national standards and technical regulations on water, sanitation, hygiene and nutrition for all educational institutions, including Qur’anic schools, and establish monitoring mechanisms and tools for their enforcement;
(d) Develop a policy aimed at monitoring the quality of Qur’anic schools, particularly in terms of their structure, management and curricula;
(e) Reduce the discriminatory effects of privatization and private education on children from financially disadvantaged families and establish mechanisms to monitor private schools’ compliance with minimum educational standards, curriculum requirements and teacher qualifications.”
“While welcoming the ongoing cooperation with OHCHR and other United Nations agencies to provide assistance to refugee and migrant children residing in the Mbera camp, the Committee notes with concern that refugee and migrant children living outside of the Mbera camp are not receiving the necessary protection and services and are being subjected to various forms of exploitation, and also notes with concern the detention of asylum-seeking, refugee and migrant children for immigration-related purposes, as well as the reports of Malian refugee children being allegedly recruited by non-State armed groups to participate in the armed conflict in Mali. The Committee recommends, in line with joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, that the State party…
(b) Ensure that all asylum-seeking, refugee and migrant children, regardless of their status, can obtain individual identity documentation and have access to formal education and medical care…”
“While welcoming the adoption of the National Action Plan for the Elimination of Child Labour 2015–2020, the Committee remains seriously concerned about the high prevalence of child labour in the informal, agricultural, fishery and mining sectors, including unregulated and forced work, and the lack of resources allocated for the implementation of the National Action Plan. It also notes with concern that more than half of all domestic workers in the State party are children, with the majority of them being girls, that such children are not only separated from their families but are also exposed to economic exploitation, violence, discrimination and abuse, including sexual abuse, and that boys in Qur’anic schools are forced to beg on the street for the economic gain of their teachers (marabouts).”
“The Committee reiterates its previous recommendations (CRC/C/MRT/CO/2, para. 76) and urges the State party to:
(a) Expeditiously adopt the draft legislation aimed at prohibiting the worst forms of child labour, ensuring that it is in line with the Convention, and allocate sufficient human, technical and financial resources for the implementation of laws and policies on child labour, including the National Action Plan for the Elimination of Child Labour 2015–2020;
(b) Intensify its efforts to eliminate child labour, in particular in domestic work and agricultural and mining activities, and enforce the prohibition of employment of children under 16 years of age in both the formal and informal sectors by expanding and strengthening labour inspection services and prosecuting perpetrators of violations related to child labour;
(c) Establish protective mechanisms and services to safeguard children at risk of being subject to child labour, including children who are sent abroad for domestic work and girls subjected to the practice of confiage, and ensure that child victims of exploitation have access to social, medical, psychological and rehabilitative services and legal remedies;
(d) Take all measures necessary to remove talibé children from the control of marabouts who exploit and mistreat them, and fully implement legislation prohibiting the exploitation of children for begging, including by promptly investigating, prosecuting and punishing perpetrators accordingly;
(e) Consider ratifying the Domestic Workers Convention, 2011 (No. 189) of the International Labour Organization, concerning decent work for domestic workers.”
(12 June 2009, CRC/C/MRT/CO/2 Advance unedited version, Concluding observations on second report, paras. 54, 65, 66, 67, 68 and 70)
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations of the Committee’s Day of General Discussion on children with disabilities (1997), take all necessary measures to: ...
c) provide children with disabilities with access to ... quality education;
d) ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained;
e) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol. “The Committee ... recognises ... efforts to improve literacy rates among girls. The Committee however remains concerned ... over the high illiteracy rates, especially among girls, and over the regional disparities in access to education....
“The Committee recommends that the State party, taking into account its General Comment No. 1 (2001) on the aims of education;
a) ensure that primary education is free (without hidden costs) and accessible and take the necessary measures to ensure that all children are enrolled in primary education;
b) continue to increase public expenditure for education, in particular primary education with specific attention to improving access and addressing gender, socio-economic, ethnic and regional disparities in the enjoyment of the right to education;
c) train more teachers, especially female and improve school facilities, notably water and sanitation, including separate facilities for boys and girls, in particular in rural areas; ...
e) undertake additional efforts to ensure access to adaptable informal education of high quality to vulnerable groups; including ... children with disabilities ... and refugee and migrant children as well as children in remote and rural areas, inter alia by addressing indirect and hidden costs of school education;
f) further expand pre-school facilities supplied with qualified teachers, and make special attempts to include children from vulnerable and school distant groups at early ages; ...
j) seek technical assistance from UNESCO and UNICEF, in particular to improve access to education for girls.
“The Committee notes as positive the efforts by the State party to resolve the situation of those who were exiled two decades ago and to facilitate the return of refugees and their families.... The Committee notes that particular challenges remain in providing access to education for these children.
“The Committee urges the State party to:
a) strengthen its efforts to facilitate return of refugees and their families by adopting a comprehensive and long-term reintegration strategy for returnees which inter alia ensures the inclusion of children, including non-Arabic speakers, into the Mauritanian education system....
“The Committee urges the State party to take all measures to guarantee protection of refugee children in line with international human rights and refugee law, while taking into account the Committee’s General Comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin. Specifically, the Committee urges the State party to ensure that unaccompanied children receive protection, access to ... education.”
Mauritius
- (23 February 2023 CRC/C/MUS/CO/6-7 Advance Unedited Version, Concluding observations on the combined sixth and seventh periodic reports, paras. 23, 25, 28, 32, 44.) - 92nd Session
- (27th February 2015, CRC/C/MUS/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 27, 28, 49, 50, 61 and 62) - 68th Session
- (17 March 2006, CRC/C/MUS/CO/2, Concluding observations on second report, paras. 50 and 51) - 41st Session
(23 February 2023 CRC/C/MUS/CO/6-7 Advance Unedited Version, Concluding observations on the combined sixth and seventh periodic reports, paras. 23, 25, 28, 32, 44.) - 92nd Sessession
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the attention of the State party to the recommendations concerning the following areas, in respect of which urgent measures must be taken: child abuse, violence and neglect of children, sexual exploitation and abuse of children, children deprived of a family environment, children with disabilities.”
“The Committee recommends that the State party ensure the realization of children’s rights in accordance with the Convention , the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children .”
(27th February 2015, CRC/C/MUS/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 27, 28, 49, 50, 61 and 62) - 68th Session
“While noting the establishment of the Equal Opportunities (Amendment) Act, the Committee is concerned that discrimination persists, notably in the form of obstacles to accessing and enjoying various services and facilities, particularly for children from disadvantaged and marginalized families, including street children, children who are affected and/or infected by HIV/AIDS, children using drugs, children deprived of their family environment, children with disabilities and minor offenders.”
“The Committee recommends that the State party take all necessary measures to eliminate all forms of discrimination, including by incorporating a general prohibition on direct and indirect discrimination in a children’s act and putting in place and implementing effectively relevant policies and mechanisms to eliminate discrimination, such as training for public officers. Furthermore, the Committee recommends that the State party integrate the principle of non-discrimination into educational curricula, and increase the visibility and effectiveness of the complaints mechanisms of the Equal Opportunity Commission.”
“The Committee welcomes the codification of Mauritian sign language, including a dictionary of that language, and the development of a database on disability. The Committee is concerned, however, that the State party continues to apply the medical model of disability which consists in integrating children with disabilities instead of eliminating the physical, socioeconomic and cultural barriers that prevent the full inclusion of children with disabilities in schools and in society, and their full enjoyment of their rights. The Committee is particularly concerned that:
(a) The State party has not taken adequate measures to build an inclusive system of education and continues to over-rely on NGOs to provide specialized services to children with disabilities; and has not taken adequate measures to prevent the placement of children with disabilities in centres de sauvegarde;
(b) Children with disabilities attending schools face rejection and stigmatization;
(c) The vast majority of children with disabilities do not benefit from adequate support, such as the presence of a multidisciplinary specialized team, social workers and an individual follow-up process to ensure their effective inclusion in ordinary classes, and the social stigma, fear and misconceptions surrounding children with disabilities remain strong in society, leading to their marginalization and alienation;
(d) Children with disabilities do not often acquire a Certificate of Primary Education, and there are no alternatives to this certificate for children with mental disabilities;
(e) Children with disabilities who are placed in shelters because they are abandoned, orphaned and homeless do not often receive special care or psychological support;
(f) Statistics on children suffering from specific disabilities are not regularly accessible.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes. To this effect, the Committee urges the State party to urgently remove children with disabilities from centres de sauvegarde;
(b) Train and assign specialized teachers and professionals to integrated classes providing individual support and all due attention to children with learning difficulties;
(c) Undertake awareness-raising campaigns aimed at the public and families to combat stigmatization and prejudice against children with disabilities and promote a positive image of children and adults with disabilities;
(d) Facilitate acquisition of a Certificate of Primary Education for children with disabilities to have access to secondary or tertiary education, provide for alternatives to this certificate for children with mental disabilities, and develop vocational training for children with disabilities;
(e) Ensure that children with disabilities who are placed in shelters because they are abandoned, orphaned and homeless receive special care or psychological support from adequately trained personnel.”
“The Committee is concerned that children who lack birth registration might be prevented from accessing education. The Committee is also concerned that schools are not adequately provided with educational materials in Creole, which remains an optional language, thereby limiting access to education for Creole-speaking children and resulting in high dropout rates for them, which amount to 20 per cent in primary education. Furthermore, the Committee is concerned at the limited access to vocational training, in particular in rural areas, by children who drop out of school, the lack of adequate financial resources for early childhood education and the lack of human rights education in the school curriculum.”
“Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure that children without birth registration are not denied access to education;
(b) Take measures to improve the accessibility and quality of education, including by limiting the impact of the language of instruction on access to education and on school completion and dropout rates, in particular for Creole-speaking children, children in street situations and those that are deprived of their family environment, through the use of Creole at the early childhood development stage and at the primary and secondary school levels; and provide high-quality training for teachers, with particular emphasis on rural areas;
(c) Further develop and promote high-quality vocational training, in particular in rural areas, to enhance the skills of children and young people, especially those who drop out of school;
(d) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy;
(e) Introduce age-appropriate human rights education based on the principles and provisions of the Convention on the Rights of the Child into the school curriculum, including for lower secondary schools.”
(17 March 2006, CRC/C/MUS/CO/2, Concluding observations on second report, paras. 50 and 51) - 41st Session
“The Committee notes the progress made by the State party, especially in codifying the Mauritian sign language and in launching a dictionary of such language. However, it remains concerned about the low proportion of children with disabilities attending schools, particularly due to the poor accessibility to schools most of which are located in the urban areas. It is further concerned about the reluctance of schools to admit children with disabilities as this is perceived to slow down teaching....
“The Committee recommends that the State party, taking into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their fullest possible social integration....”
Mexico
(2 June 2006, CRC/C/MEX/CO/3 Unedited version, Concluding observations on third report, paras. 23, 46, 47, 56, 57, 72 and 73)
“The Committee is deeply concerned about the significant disparities in the State party in the implementation of the rights enshrined in the Convention, reflected in a range of social indicators like enrolment in and completion of education, infant mortality and access to health care, indicating persistent discrimination against indigenous children, girls, children with disabilities, children living in rural and remote areas and children from economically disadvantaged families.
“... The Committee also notes with concern the large number of children with disabilities who do not attend any form of school education, especially in rural areas; and the lack of an integration policy in general for these children.
“The Committee recommends that the State party take all the necessary measures: ...
c) to provide equal opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within regular schools.
“... the Committee is concerned at continuing low enrolment rates, especially among migrants and indigenous children; the insufficient resources allocated to education; the considerable disparities in the coverage and quality of education between urban and rural areas; the high dropout rates, particularly among adolescents as well as rural, indigenous and migrant children; and the low quality of teaching. The insufficient bilingual inter-cultural education in indigenous areas is also a cause of concern as it negatively affects the drop out rate in these areas....
“The Committee recommends that the State party: ...
c) strengthen measures to reduce the high drop-out rate among indigenous children, inter alia by providing them with bilingual and bicultural education; ...
e) strengthen educational and vocational programmes, in particular for children who do not attend regular school education, especially migrant children....
“While welcoming the measures taken to encourage indigenous children to attend schools, the Committee remains deeply concerned at the limited enjoyment of rights by indigenous children, especially indigenous migrant workers, in particular their very limited access to education and health....
“The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. The Committee further recommends that the State party provide indigenous communities, with sufficient information, in their own language as well as in a child friendly format, regarding ... education and health....”
Monaco
(29 October 2013, CRC/C/MCO/CO/2-3, Concluding observations on the combined second and third periodic reports of Monaco, adopted by the Committee at its sixty-fourth session, paras. 43, 44 (16 September–4 October 2013)
Education, leisure and cultural activities (arts. 28, 29 and 31 of the Convention)
43. The Committee notes with appreciation the efforts of the State party in the sphere of education, in particular measures undertaken to integrate foreign children into national schools. However, the Committee is concerned that domestic legislation does not expressly guarantee free education to children of foreign nationalities whose parents or legal representatives are neither resident nor lawfully established in the State party.
44. Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party consider all possible measures through which foreign children can be granted equal access to the same standard of education services in the field of education.
Mongolia
(12 July 2017, CRC/C/MNG/5, Concluding observations on the fifth periodic report, paras. 15, 16, 29 and 38)- 75th session
“The Committee is seriously concerned about the growing and persistent inequality in the State party and reports of increasing instances of discrimination, with impunity, against children in marginalized and disadvantaged situations, such as children from low-income families, migrant and unregistered children, children from rural areas, children with disabilities, children from ethnic and linguistic minority groups and indigenous groups, and lesbian, gay, bisexual and transgender children, particularly in schools and dormitories.”
“The Committee urges the State party to adopt concrete measures to strengthen compliance with its legislation prohibiting such discrimination and to eliminate stereotypes and attitudes leading to discrimination, including by:
(a) Encouraging reporting of cases of discrimination;
(b) Ensuring prompt and appropriate action against the perpetrators;
(c) Implementing awareness-raising and educational activities targeting children, families and professionals working with and for children, such as teachers, social workers, personnel of childcare institutions and local government officials.”
“While welcoming the adoption of the Law on the Rights of Persons with Disabilities in 2016, the Committee remains concerned at the social exclusion of children with disabilities and the discrimination they face in all areas of life and urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Fully implement the recommendations made by the Committee on the Rights of Persons with Disabilities in May 2015 (see CRPD/C/MNG/CO/1);
(b) Ensure the allocation of sufficient human, technical and financial resources to effectively implement the Law on the Rights of Persons with Disabilities;
(c) Organize the collection of data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(d) Set up comprehensive measures to develop inclusive education that caters to the individual needs of each student and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(e) Train and assign specialized teachers and professionals to integrated classes to provide individual support and all due attention to children with learning difficulties;
(f) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(g) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“While noting the effort made by the State party to implement some of its previous recommendations (see CRC/C/MNG/CO/3-4, para. 60), the Committee is concerned at the lack of consistency and continuity of government policies on education, which hinders progress on critical issues that need urgent attention, and, with reference to its general comment No. 1 (2001) on the aims of education, strongly recommends that the State party:
(a) Strengthen efforts to guarantee equal access to education by all children at all levels, paying particular attention to the specific needs of boys, including those living in monasteries, children with disabilities, children in remote rural areas, children from herder families, children from low-income families and children from ethnic and linguistic minorities, such as Kazakh children;
(b) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(c) Explore and implement alternative forms of primary education for children of herder families other than boarding schools, such as accredited online classes and programmes and travelling schools;
(d) Take concrete measures to improve access to and retention in primary and secondary schools and ensure the availability of qualified teachers, transportation to schools, learning and instructional materials and adequate physical infrastructure, including access to clean water and sanitation facilities;
(e) Strengthen measures to combat violence against children in schools at all levels, including through trainings for teachers on educational methods that encourage positive, non-violent forms of discipline and by establishing mechanisms to prevent and protect children from violence;
(f) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of “early childhood care and development.”
(2 September 2005, CRC/C/15/Add.264, Concluding observations on second report, paras. 22, 23, 24, 41, 42, 51, 52, 53 and 69)
“The Committee ... is concerned at the persistent de facto discrimination faced by children with disabilities, children living in poverty, children in conflict with law, street children, children living in rural areas and also children who have migrated from the rural areas and are living in the capital without official registration, especially with regard to their access to adequate social and health services and educational facilities.
“... The Committee recommends that the State party adopt a proactive and comprehensive strategy to eliminate de facto discrimination on any grounds and against all vulnerable groups of children and that it prioritize social and health services and equal opportunities to education for children belonging to the most vulnerable groups.
“The Committee requests that specific information be included in the next periodic report on the measures and programs relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking account of the Committee’s general comment No. 1 (2001) on the aims of education.
“... The Committee also notes with concern that the high number of children with disabilities have neither adequate access to social and health services nor to education....
“The Committee urges the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69): ...
d) to take all necessary measures to include children with disabilities in the mainstream school system to the extent possible and, where necessary, to establish special education programmes tailored for their special needs....
“While noting with appreciation the State party’s efforts to improve the standard of education and to secure access to education by implementing the revised Law on Education adopted in 1995, the Committee is concerned about the remaining difficulties encountered by children, especially in rural areas of the country, in their access to education and attendance in school. The high number of primary-school-aged children not enrolled in school, including gender and regional disparities in school enrolment, the increasing rates of illiteracy and the high rate of school drop-outs, especially in rural areas, give cause for serious concerns.
“The Committee reiterates its concern about boys belonging to herder families and living in rural areas who are at a higher risk of dropout from school and being involved in child labour....
“The Committee recommends that the State party take immediate measures to allocate adequate financial and human resources in order:
a) to progressively ensure that all children, without any distinction by gender, from all areas of the country, have equal access to quality education without any financial obstacles and to also consider the reinstatement of neighbourhood schools in order to facilitate children’s access to education;
b) to strengthen measures aimed at increasing enrolment rates in primary and secondary education without any regional disparities and to secure that all children have equal opportunities to complete their education....
“The Committee regrets that it has been largely precluded, through lack of information in the report, from examining compliance of the State party’s obligations with the rights guaranteed under article 30 of the Convention with regard to children belonging to minorities, such as Khazakhs and Tsaatans. The Committee is concerned about the limited enjoyment of their human rights, particularly concerning their access to social and health services and education.”
Montenegro
(22nd June 2018, CRC/C/MNE/CO/2-3, Concluding observations on the combined second and third periodic reports, paras 21, 22, 41, 42, 50 and 51) - 78th Session
“The Committee welcomes the measures taken by the State party to prohibit all forms of discrimination, including the adoption of the Law on Prohibition of Discrimination in 2014, the Law on Free Legal Aid and two strategies specifically targeting the inclusion of Roma and Egyptians. It also notes the measures taken to combat the practice of sex-selective abortion and the information provided by the State party during its dialogue with the Committee regarding the success of the “Unwanted” and “Wanted” campaigns, which significantly improved the situation in this regard. However, it remains concerned about the persisting negative attitudes and discrimination against children in disadvantaged or vulnerable situations, in particular Roma, Ashkali and Egyptian girls and children with disabilities, and the continued practice of sex-selective abortion.”
“The Committee recommends that the State party:
(a) Ensure the full implementation of relevant existing laws prohibiting discrimination, including by adequately sanctioning perpetrators, providing child victims of discrimination with effective and appropriate remedies, and allocating sufficient human, technical and financial resources for the effective implementation of related national strategies, including the Strategy for Social Inclusion of Roma and Egyptians (2016–2020);
(b) Strengthen public education campaigns to address negative social attitudes towards Roma, Ashkali and Egyptian children, children with disabilities and refugee and asylum-seeking children, and ensure that these children have equal access to legal aid, with a view to ensuring equal access of all children to education, health care, employment and a decent standard of living, in line with the Committee’s previous recommendations (see CRC/C/MNE/CO/1, para. 26);
(c) Address the root causes of the practice of sex-selective abortion and its long-term implications for society, expand family planning services and strengthen its awareness-raising activities on the detrimental impact of sex selection on the equal value of girls and boys, with a view to completely eliminating this practice.”
“The Committee welcomes the adoption of the Law on Prohibition of Discrimination against Persons with Disabilities in 2014 and the Strategies for Integration of Persons of Disability covering the period 2006 to 2016, the launch of regional mobile teams to support the implementation of inclusive education and the closure of the Komanski Most institution. However, while recalling the concerns of the Committee on the Rights of Persons with Disabilities (see CRPD/C/MNE/CO/1, para. 14), the Committee also notes with concern:
(a) The lack of effective equal protection of children with disabilities, who continue to face intersecting forms of discrimination;
(b) The disproportionately high number of children with disabilities still living in institutions compared to the very small number of children with disabilities who are in foster care;
(c) The high number of children with disabilities who are in special schools or classes, and the insufficient number of teachers with the skills to provide inclusive education;
(d) The fact that day-care centres for children with disabilities accept persons from the ages of 3 to 26 years, leading to cases where 3-year-old children share a space with 26-year-old adults.”
“The Committee, in accordance with the recommendations of the Committee on the Rights of Persons with Disabilities (see CRPD/C/MNE/CO/1, para. 15), urges the State party to fully assume its primary responsibility to ensure the rights of all children with disabilities by applying a human rights-based approach to disability, and:
(a) To effectively implement legislation providing protection for children with disabilities and undertake awareness-raising campaigns aimed at government officials, the public and families to combat stigmatization of and prejudice against children with disabilities;
(b) To support and facilitate family-based care for children with disabilities, to accelerate the deinstitutionalization process, and to encourage foster care for children who cannot stay with their families;
(c) To give priority to inclusive education over the placement of children in specialized institutions and classes, and to train and assign specialized teachers and professionals in inclusive classes to provide individual support and all due attention to children with disabilities;
(d) To ensure that the mandate of day-care centres is limited to providing community-based care exclusively to children.”
“The Committee welcomes the progress made in improving the education system and collecting data on education, but reiterates its previous concerns regarding the quality of education, hidden costs, barriers to access to education for children in disadvantaged or vulnerable situations and low completion rates (see CRC/C/MNE/CO/1, para. 59). It is also concerned that current reforms in preschool education, which have led to a significant increase in preschool enrolment, will not be sustained without increased investments.”
“With reference to targets 4.1, 4.2 and 4.5 of the Sustainable Development Goals, the Committee recalls its previous recommendations (see CRC/C/MNE/CO/1, para. 60), and recommends that the State party:
(a) Continue efforts aimed at improving access to education at both the primary and secondary levels, in particular for Roma, Ashkali and Egyptian children, children in rural areas, children with disabilities and children in street situations, by reducing the financial burden caused by hidden costs on disadvantaged or vulnerable families, increasing safe transportation and the use of information and communications technology, and creating the conditions to increase access to them;
(b) Improve the quality of education at all levels by providing quality training for teachers and ensuring that school curriculums and pedagogical methods are relevant to children’s contexts and future needs, promote the enjoyment of their human rights, and enable them to express their views freely and have them taken into account;
(c) Allocate sufficient human, technical and financial resources for the development and expansion of preschool education for all children, including those in rural areas.”
“The Committee welcomes the State party’s continued cooperation with the Office of the United Nations High Commissioner for Refugees and the measures taken to provide decent housing to refugee families, but is concerned about the limited access of asylum-seeking and refugee children to education and health services.”
“Taking into consideration its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin and joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee recommends that the State party…
(b) Ensure full access of all asylum-seeking and refugee children to education, health services, including psychosocial support, and the existing child protection system, and establish specialized services for children with emotional, psychiatric and behavioural problems.”
(21 October 2010, CRC/C/MNE/CO/1, Concluding observations: Montenegro, paras. 4, 25, 25, 26, 47, 48, 59
“The Committee welcomes the ratification of:
[...] (b)The Convention on the Rights of Persons with Disabilities and its Optional Protocol in November 2009;
“While noting the efforts undertaken by the State party to counter discrimination [...] the Committee is concerned at the persistent de facto discrimination against inter alia children belonging to minority groups, refugee children, and children with disabilities, in particular with regard to access to education, health care and housing.
“The Committee recommends that the State party:
(a) Effectively ensure that all children within its jurisdiction enjoy the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention by implementing the existing laws; and
(b) Continue to undertake comprehensive public education campaigns to prevent and combat negative societal attitudes and behavior based on sex, age, race, nationality, ethnicity, religion and disability.
“While welcoming the adoption of a number of strategies for the social integration of children with disabilities the Committee is deeply concerned at the societal discriminatory attitudes faced by these children.. Furthermore, the Committee is concerned at the lack of statistical data on children with disabilities. While noting that the situation in the institution “Komanski Most” has been addressed to a certain degree, through the Spate party’s efforts to provide services for children in separate buildings, the Committee is concerned that children with disabilities are still placed in the institution for adults. The Committee is also concerned at the persisting shortage of resources for the development of educational, social and health services for children with disabilities and their families and at the shortage of early intervention services for these children.
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (CRC/C/GC/9) on the rights of children with disabilities, take all necessary measures to:
(a) Undertake long-term awareness raising programmes in order to change and combat negative societal attitudes prevailing against children with disabilities;
(b) Collect adequate statistical data on children with disabilities;
(c) Develop a comprehensive national policy on disability, which promotes the full enjoyment of all human rights and fundamental freedoms by all children with disabilities, with special focus on deinstitutionalization and the right to live in their families and communities;
(d) Provide children with disabilities and their families with adequate support, including access to social protection to allow them to remain within their families;
(e) Expand , as indicated by the State party, the network of Day Care Centers for Children with Disabilities who cannot be integrated into the regular educational system;
(f) Establish a monitoring system for residential care institutions which closely examines the rights of children with disabilities, as well as ensure that monitoring incorporates concrete steps to follow up recommended actions, and favours the participation of civil society organizations;
(g) Provide training for professional staff working with children with disabilities, such as teachers , social workers and medical, paramedical and related personnel ;
(h) Continue its efforts to include children with disabilities in the general school system, provide the needed personnel and material resources to the schools in which these children are enrolled and reduce the number of schools for children with special educational needs to the unavoidable minimum; and
(i) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based early intervention and rehabilitation programmes, including parent support groups.
“While welcoming the State party’s education reform [...] the Committee is concerned at the limited achievements reached through these measures. The Committee is particularly concerned at:
(c)The barriers to accessing education for children lacking birth registration and identity documents, Roma children and children with disabilities;”
(1 October 2010, CRC-C-MNE-CO-1 Concluding Observations: Montenegro Paras. 13, 14, 25, 26, 27, 47, 48, 59 and 60 9)
“The Committee is concerned at the inadequately low proportion of State annual budget allocated to health care, family support and other areas of direct relevance to children, and the decrease in allocations for education.”
“The Committee recommends the prioritization of children’s rights and welfare in the State party’s budget policy. In this regard, the Committee recommends that the State party, in accordance with article 4 of the Convention, further increase budget allocations for the implementation of the rights recognized in the Convention and especially for education, health care and family support. In this regard the Committee urges the State party to pay particular attention to economically disadvantaged, marginalized and neglected children, including Roma, Ashkali and Egyptian children and children with disabilities, with a view to alleviating disparities, deficits and inequalities …”
“While noting the efforts undertaken by the State party to counter discrimination especially against minorities through a variety of laws, strategies, plan of actions and projects, the Committee is concerned at the persistent de facto discrimination against inter alia children belonging to minority groups, refugee children, and children with disabilities, in particular with regard to access to education, health care and housing.”
“The Committee recommends that the State party:
(a) Effectively ensure that all children within its jurisdiction enjoy the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention by implementing the existing laws; and
(b) Continue to undertake comprehensive public education campaigns to prevent and combat negative societal attitudes and behavior based on sex, age, race, nationality, ethnicity, religion and disability.”
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and at the Durban Review Conference in April 2009, also taking into account the Committee’s general comment No. 1 (2001) on the aims of education.”
“While welcoming the adoption of a number of strategies for the social integration of children with disabilities the Committee is deeply concerned at the societal discriminatory attitudes faced by these children.. Furthermore, the Committee is concerned at the lack of statistical data on children with disabilities. While noting that the situation in the institution “Komanski Most” has been addressed to a certain degree, through the Spate party’s efforts to provide services for children in separate buildings, the Committee is concerned that children with disabilities are still placed in the institution for adults. The Committee is also concerned at the persisting shortage of resources for the development of educational, social and health services for children with disabilities and their families and at the shortage of early intervention services for these children.”
“The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (CRC/C/GC/9) on the rights of children with disabilities, take all necessary measures to:
(a) Undertake long-term awareness raising programmes in order to change and combat negative societal attitudes prevailing against children with disabilities;
(b) Collect adequate statistical data on children with disabilities;
(c) Develop a comprehensive national policy on disability, which promotes the full enjoyment of all human rights and fundamental freedoms by all children with disabilities, with special focus on deinstitutionalization and the right to live in their families and communities;
(d) Provide children with disabilities and their families with adequate support, including access to social protection to allow them to remain within their families;
(e) Expand, as indicated by the State party, the network of Day Care Centers for Children with Disabilities who cannot be integrated into the regular educational system;
(f) Establish a monitoring system for residential care institutions which closely examines the rights of children with disabilities, as well as ensure that monitoring incorporates concrete steps to follow up recommended actions, and favours the participation of civil society organizations;
(g) Provide training for professional staff working with children with disabilities, such as teachers, social workers and medical, paramedical and related personnel;
(h) Continue its efforts to include children with disabilities in the general school system, provide the needed personnel and material resources to the schools in which these children are enrolled and reduce the number of schools for children with special educational needs to the unavoidable minimum; and
(i) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based early intervention and rehabilitation programmes, including parent support groups.”
“While welcoming the State party’s education reform, as well as the efforts undertaken to better integrate Roma children in mainstream schools as well as the Strategy for inclusive education adopted in 2008, the Committee is concerned at the limited achievements reached through these measures. The Committee is particularly concerned at:
(a) The low quality of education, including poor school equipment and the low teacher/pupil ratio;
(b) Hidden expenses resulting from the purchase of textbooks and school accessories;
(c) The barriers to accessing education for children lacking birth registration and identity documents, Roma children and children with disabilities;
(d) The large number of Roma, Ashkali and Egyptian children that are still not enrolled in schools, have lower school attendance rates and have a high drop-out rate;
(e) The lack of data on education;
(f) The prevalence of violence in schools; and
(g) The low availability of holistic early childhood development and education, facilities and institutions.”
“The Committee recommends that the State party:
(a) Increase the quality of schools, in particular by introducing interactive teaching methods, better equipment of schools, increasing the teacher/pupil ratio, teacher training and in-service training and active involvement of teachers in reform processes;
(b) Ensure that education is also de facto free of charge;
(c) Undertake immediate measures to ensure that children are not denied access to education on any grounds;
(d) Strengthen its efforts to integrate Roma, Ashkali and Egyptian children into the general school system by enhanced teacher training, curriculum revisions and appropriate teaching and learning methods as well as intensified parental education and participation;
(e) Undertake measures to effectively address the comparatively higher drop-out rates among Roma children and ensure that Roma children are adequately prepared for higher education and vocational training;
(f) Collect adequate statistical data on education;
(g) Continue to implement prevention programmes in order to promote non violent relations and to end violence in schools; and
(h) Raise awareness with respect to pre-schools and early-learning opportunities by taking into account the Committee’s General Comment No. 7 (2005) on implementing child rights in early childhood (CRC/C/GC/7/Rev.1).”
Morocco
(13th November 2014, CRC/C/OPAC/MAR/CO/1, Concluding observations on the report submitted by Morocco under article 8, paragraph 1 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 13, 14, 21 and 22) - 67th Session
“Given the presence of child refugees in the State party coming from States affected by armed conflict, the Committee is concerned at the absence of a system that promptly identifies and registers children who may have been enrolled in armed conflicts abroad or are at risk of such recruitment.”
“The Committee recommends that the State party establish a central data collection system to identify and register all children within its jurisdiction who may have been recruited or used in hostilities abroad. The Committee also recommends that the State party ensure that data on refugee and asylum-seeking children who have been victims of such practices are properly collected. All data should be disaggregated by, inter alia, sex, age, nationality, ethnic origin and socioeconomic background, as well as the time frame of the use of the child.”
“The Committee is concerned that insufficient attention has been paid to the early identification of refugee and asylum-seeking children who may have been involved in conflict or subject to conflict-related trauma. It is also concerned that children suffering from profound distress as well as sensory, intellectual or mental health disability after experiencing and witnessing war-related violence and affliction have had limited access to assistance for their physical and psychological recovery.”
“The Committee recommends that the State party:
(a) Provide systematic training on the early identification of children who may have been involved in conflict or affected by it to all professionals working with or for children, particularly border control and immigration personnel, the military and education professionals, and ensure that immigration personnel secure the support of medical professionals, including psychologists, when dealing with such children;
(b) Strengthen assistance and support provided to refugee and asylum-seeking children who may have been involved in conflict or subject to conflict-related trauma and displacement;
(c) Seek in this regard assistance from international partners and agencies, including the Office of the United Nations High Commissioner for Refugees, in establishing programmes for their physical and psychological recovery.”
(14th October 2014, CRC/C/MAR/CO/3-4, Concluding observations on the combined third and fourth periodic reports of Morocco, paras 52, 53, 60, 61, 64 and 65) - 67th Session
“The Committee welcomes the adoption of the National Action Plan for the Social Integration of Persons with Disabilities (2008–2017) and the increased number of children enrolled in integrated classes. The Committee is, however, concerned that the State party continues to apply the medical model of disability, which consists in integrating children with disabilities as long as their capacities permit this, instead of engaging in elimination of the physical, socioeconomic and cultural barriers that prevent the full inclusion of children with disability in schools and society and the full enjoyment of their rights. The Committee is particularly concerned that:
(a) The State party has not engaged in building an inclusive system of education and continues to overrely on non-governmental organizations to provide specialized services to these children;
(b) Only one third of children with disabilities attend schools, and those attending schools face rejection and stigmatization;
(c) One fifth of children with disabilities never attend a health-care facility, as recognized by the State party;
(d) The vast majority of children with disabilities do not benefit from adequate support, such as the presence of a multidisciplinary specialized team, social workers, and an individual follow-up process to ensure their effective inclusion in ordinary classes;
(e) Social stigma, fears and misconceptions surrounding children with disabilities remain strong in society, leading to the marginalization and alienation of these children.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Organize the collection of data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(b) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes. To this end, the Committee urges the State party to urgently remove children with disabilities who have been placed in centres de sauvegarde;
(c) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(d) Train and assign specialized teachers and professionals in integrated classes providing individual support and all due attention to children with learning difficulties;
(e) Undertake awareness-raising campaigns aimed at the Government, the public and families to combat stigmatization and prejudice against children with disabilities and to promote a positive image of children and adults with disabilities.”
“The Committee welcomes the achievements of the State party in relation to school enrolment over the reporting period, the measures taken to achieve gender equality at primary level, the increased amounts of public resources allocated to the education sector, the various initiatives to address violence in schools, and the efforts to introduce human rights and gender issues into school curricula. The Committee is, however, concerned that the education system continues to face serious challenges. The Committee is particularly concerned that:
(a) A significant proportion of children living in rural areas, children with disabilities, children from poor households and working children are deprived of their right to education, and remain out of school;
(b) Girls still face difficulties in accessing secondary education;
(c) The lack of transparency and efficiency in the management of education resources reportedly leads to the effective use of only two thirds of the resources to improve the education system;
(d) Private education is developing very quickly, especially at primary level, without the necessary supervision regarding the conditions of enrolment and the quality of education provided, which has led to a reinforcement of inequalities in the enjoyment of the right to education as well as teachers increasingly engaging in private lessons in public schools and giving priority to the work they undertake in private schools;
(e) Although quality of education remains low and the school dropout level high, especially at secondary level, the second phase of the National Programme of Learning Achievement was not conducted;
(f) Pre-school education remains undeveloped and almost non-existent in rural areas.”
“The Committee recommends that the State party:
(a) Strengthen its efforts to ensure enrolment of all children in primary and secondary education by taking targeted measures to reach children deprived of education;
(b) Conduct a proper assessment of the shortcomings of the 2009–2012 Emergency Programme, and on the basis of the lessons learned, adopt all necessary measures to ensure an effective and efficient utilization and control of the financial resources allocated to the education system;
(c) Assess and address the consequences of the rapid development of private education in the State party and ensure that teachers from the public sector contribute to the improvement of education in Morocco rather than being used by the private sector, by effectively enforcing Ministerial Circular No. 109 of 3 September 2008;
(d) Take the necessary measures to improve the quality of education, notably by providing teachers with quality training, and develop and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(e) Allocate sufficient financial resources for the development and expansion of early childhood education in rural areas, based on a comprehensive and holistic policy of early childhood care and development.”
“The Committee welcomes the 2003 Labour Code which increased the protection of children from labour exploitation, and the progress in reducing overall rates of child labour and in increasing school enrolment. The Committee remains, however, deeply concerned that insufficient measures have been taken to remove girls, some as young as eight, working as domestics in hazardous conditions in private homes. The Committee is also particularly concerned that:
(a) While the State party’s delegation recognized the need for all children under the age of 18 not to work as domestic workers, girls continue to be exploited in private homes and to be subjected to physical and verbal violence, isolation, excessive working hours (100 or more hours per week), without rest breaks or days off, with denial of education, and sometimes without adequate food or medical care;
(b) There is no legal provision to enable labour inspectors to access private homes and no system to inform child domestic workers about the existence of child protection units, resulting in little action being taken against those who economically exploit these children;
(c) Laws prohibiting the employment of children under 15 are not effectively enforced, due to weak enforcement mechanisms.”
“The Committee urges the State party to:
(a) Take immediate and firm measures to remove girls working as domestic workers from abusive labour conditions, provide them with education, including vocational training, and provide extensive information on these measures and their outcome in its next periodic report;
(b) Ensure that the laws prohibiting the employment of children under 15 years of age and hazardous forms of child labour under 18 years, including domestic work, are effectively enforced, and that individuals who exploit children are duly sanctioned;
(c) Strengthen the labour inspection, authorize, by law, the inspectors to enter private homes, and prioritize interventions to withdraw children from economic exploitation;
(d) Consider ratifying International Labour Ogranization (ILO) Convention No. 189 (2011) concerning decent work for domestic workers;
(e) Seek technical assistance from the ILO International Programme on the Elimination of Child Labour in this regard.”
(10 July 2003, CRC/C/15/Add.211, Concluding observations on second report, paras. 50, 51, 54 and 55)
“... The Committee remains concerned at the lack of statistical data on children with disabilities in the State party, at the situation of children with physical and mental disabilities and, in particular, at the limited specialized health care, education and employment possibilities available to them and at the very high rate of illiteracy among children with disabilities.
“The Committee recommends that the State party: ...
b) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
c) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339)....
“The Committee also welcomes the efforts undertaken by the State party in this regard through the Five-Year Development Plan, as well as through the National Programme for Education and Human Rights launched in 1994, and the programme of cooperation with UNICEF to increase the school enrolment of girls (1997-2001), but remains concerned at the high illiteracy rate, notably among women. In addition, the Committee is concerned at the high drop-out and repetition rates, gender and regional disparities in the education system, the cost of primary education (supplies, textbooks, etc.) and the decreasing enrolment in early childhood education....
“The Committee recommends that the State party:
a) progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities, without any financial obstacles....”
Mozambique
(27th November 2019, CRC/C/MOZ/CO/3-4, Concluding observations on the combined third and fourth periodic reports of Mozambique, paras.16, 31, 40 and 41)
“Noting with concern the persistent patterns of discrimination against children in disadvantaged or vulnerable situations, the Committee reiterates its previous recommendations (CRC/C/MOZ/CO/2, para. 30) and recommends that the State party:
(a) Strengthen its efforts to eliminate discrimination against groups of children in disadvantaged or vulnerable situations, especially girls, children with disabilities, children with albinism, children in street situations, children living in rural areas, children of unmarried parents and asylum-seeking and refugee children;
(b) Conduct comprehensive public education and awareness-raising programmes, including campaigns, to combat and prevent stigmatization and discrimination against these groups of children and to promote a positive image of them”
“While welcoming the strategy on inclusive education for children with disabilities 2018–2027, the Committee is concerned about stigmatization and discrimination against children with disabilities and their limited access to education and social assistance, and recommends that the State party adopt a human rights- based approach to disability and that it set up a comprehensive strategy to eliminate discrimination against children with disabilities. It also recommends that the State party:
(a) Allocate sufficient human, technical and financial resources to effectively implement the above-mentioned strategy;
(b) Increase the number of parents or caregivers of children with disabilities who benefit from the basic social subsidy programme;
(c) Redouble its efforts to ensure that all children with disabilities have quality, inclusive education in mainstream schools, ensuring that schools are equipped with the necessary trained human resources, accessible infrastructure and teaching materials adapted to the needs of children with disabilities;
(d) Invest in reasonable accommodations to ensure the full inclusion of children with disabilities in all areas of public life, such as leisure activities, community-based care and social housing, and their access to basic services, including health-care services;
(e) Undertake awareness-raising campaigns targeting government officials, the population and families in order to combat stigmatization and prejudice against children with disabilities and to promote a positive image of children with disabilities as rights holders.”
“The Committee welcomes the measures taken to provide free primary education and textbooks to all children and the cancellation of dispatch No. 39/GM/2003, which required the transfer of pregnant girls to evening classes. Nonetheless, the Committee reiterates its previous concerns (CRC/C/MOZ/CO/2, para. 71) regarding low retention rates, regional disparities in access to education, low secondary enrolment rates and the quality of education. It is also deeply concerned about the prevalence of sexual harassment and violence in schools, as well as to and from schools, which constitute a barrier for girls to access education.”
“Taking note of targets 4.1 and 4.2 of the Sustainable Development Goals, the Committee reiterates its previous recommendations (CRC/C/MOZ/CO/2, para. 72) and recommends that the State party:
(a) Improve access to and retention in primary and secondary schools and ensure the availability of qualified teachers, transportation to schools, learning and instructional materials and adequate physical infrastructure, including access to clean water and sanitation facilities;
(b) Strengthen measures to provide free and compulsory primary education to all children and address the high number of dropouts, particularly among girls, due to pregnancy, child marriage, poverty, fear of sexual abuse and poor sanitary conditions;
(c) Improve the quality of education by, inter alia, providing quality training and incentives for teachers, addressing teacher absenteeism and ensuring that curricula and teaching methods are monitored, in cooperation with school councils;
(d) Ensure that human rights education, including education on the principles of the Convention, is integrated into the mandatory school curriculum as a matter of priority;
(e) Address the sexual abuse and harassment of children, especially girls, by their peers and teachers, by implementing a zero-tolerance policy on sexual exploitation and abuse in schools that includes preventive, protective and support measures, such as counselling, medical and legal assistance, and by strengthening awareness-raising and training of teachers and students;
(f) Prioritize and provide adequate resources for the effective enforcement of legislative and administrative provisions, including Ministry of Education instruction No. 5/2016, that prohibit sexual misconduct by teachers and other education personnel and ensure that the sanctions applied are commensurate with the gravity of the offences;
(g) Develop and implement strategies to ensure that girls can travel to and from school safely;
(h) Allocate adequate resources for the effective implementation and expansion of the integrated development strategy for children in preschool and the bilingual education programme.”
(October 2009, CRC/C/MOZ/CO/2 Unedited Version, Concluding observations on second report, paras. 29, 59, 60, 71, 72, 73, 74, 75 and 76)
“While noting efforts made to provide services for all children to enjoy their rights, the Committee is deeply concerned at the significant and persistent disparities among different regions of the State party resulting in the unequal enjoyment by children of the rights enshrined in the Convention. The disparities are reflected in a range of demographic and social indicators including enrolment in and completion of education, infant mortality rates and access to health care and indicate persistent discrimination against girls, children with disabilities, children living in rural and remote areas and children from economically disadvantaged families....
“While noting that some measures have been taken by the State party to prevent and treat mental disabilities among children and train teachers for specialized education, the Committee is concerned that in spite of its previous recommendations (CRC/C/15/Add.172 paras. 48 and 49), insufficient measures have been adopted to ensure that children with disabilities fully enjoy their rights, in particular their right to health and education. The Committee is especially concerned at the limited number of school facilities and materials adapted to these children and at the highly inadequate number of specialized teachers resulting in a high percentage of children with disabilities deprived of education or abandoning school during the first years of primary education.
“The Committee recommends that the State party:
a) consider ratifying the Convention on the Rights of Persons with Disabilities;
b) take all necessary measures to ensure the implementation of legislation providing protection and equal access to education for children with disabilities, in a gender sensitive manner;
c) make every effort to provide appropriate inclusive programmes and services for all children with disabilities and ensure that such services receive adequate human and financial resources; ...
e) provide training for professional staff working with children with disabilities, such as teachers, social workers, medical, paramedical and related personnel; ...
g) take into consideration the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006).
“The Committee ... is concerned that: ...
c) significant disparities in accessing education persist between provinces, particularly affecting the provinces of Niassa, Nampula and Zambezia; ...
g) gender disparity remains high in the higher levels of education.
“The Committee recommends that the State party: ...
b) reduce disparities among provinces in access to and full enjoyment of the right to education; ...
l) take into consideration General Comment No. 1 on the aims of education of 2001 and General Comment No.7 on Implementing child rights in early childhood of 2005.
“The Committee expresses serious concern at the high prevalence of sexual abuse and harassment in schools which lead some girls reportedly to refuse to go to school.
“Drawing attention to the Committee’s recommendations of the Day of General Discussion on Violence against Children, within the Family and in Schools held in 2001, the Committee urges the State party to :
a) design strategies to prevent the occurrence of sexual violence in schools by organizing nationwide communications programmes on the impact of sexual violence in school and strengthen the recruitment of female teachers who provide valuable role models to young girls and lessen the probability of abuse by teachers;
b) encourage school and health services to detect and report evidence of abuse, ensure full and unannounced inspection of school facilities and wide publicity of the investigations conducted and establish clear reporting systems of cases of violence in schools;
c) take all the necessary measures to prevent, prosecute and sanction teachers who commit sexual violence; and
d) when reformulating the Code of Conduct for teachers and school personnel promoted by the National Teachers Union (ONP), take into consideration the recommendation made by the Committee on the Elimination of Discrimination against Women (CEDAW/C/MOZ/CO/2 para. 21) “to create a conducive environment towards a positive cultural change”, and ensure that teachers adhere to the Code of Conduct and that the Code is incorporated into the regular teacher training programmes which should contain a special emphasis on teachers’ responsibilities to protect children.
“The Committee notes with satisfaction the creation of a National Refugee Support Institute (INAR) through Decree No. 51/2003 of 24 December 2003 with the aim, notably, to ensure the enjoyment by refugee children of their rights to education, health care, social security and protection as well as the establishment within the Marratane refugee centre of a primary school and a health centre. The Committee is however concerned at the high level of ethnic tension and violence among children in the camp and in the school where corporal punishment is inflicted by teachers on children....
“The Committee recommends that the State party, in cooperation with UNHCR, take all measures to guarantee protection of refugee children in line with international human rights and refugee law, while taking into account the Committee’s General Comment No. 6 of 2005 on the treatment of unaccompanied and separated children outside their country of origin. In particular, the Committee recommends that the State party: ...
b) organize school observation visits and teacher training on discrimination;
c) take the necessary measures to prevent sexual violence, including ensuring separate lockable latrines for girls at schools....”
Myanmar
(14 March 2012, CRC/C/MMR/CO/3-4, Concluding observations: Myanmar, paras. 61 and 62)
“The Committee notes with appreciation that the State party ratified the Convention on the Rights of Persons with Disabilities; conducted the National Disability Survey in 2010; completed the National Plan of Action for Persons with Disabilities 2010–2012; and is drafting a law to protect the rights of persons with disability. However, the Committee is concerned about remaining widespread stigma and discrimination against persons with disabilities, the lack of dissemination of the findings of the National Disability Survey; and the lack of adequate resources for the implementation of the National Plan of Action for Persons with Disabilities. The Committee is also concerned that efforts made by the State party to facilitate the inclusion of children with disabilities into the educational system and society at large are insufficient, especially in rural and remote areas, and that only children with mild impairment in sight, hearing and speaking, particularly those living in cities, are included in inclusive education programmes.
“The Committee recommends that the State party, taking into account the general comment No. 9 (2006) on the rights of children with disabilities , continue to strengthen measures to protect and promote the rights of children with disabilities. The Committee recommends in particular that the State party:
(a) Widely disseminate the findings of the survey and the National Plan of Action for Persons with disabilities to raise public awareness, and include children with disability in these awareness - raising and social change interventions to address wide spread stigma and discrimination;
(b) Undertake greater efforts to make available financial resources for the implementation of the National Plan of Action for Persons with Disabilities 2010 – 2012 , especially at the local level;
(c) Pursue efforts to ensure that all children with disabilities exercise their right to education and allocate sufficient resources in order to integrate them, as much as possible, into a system of inclusive education in regular schools; and
(d) Consider ratifying the Optional Protocol to the Convention on the Rights of Persons with Disabilities.”>
(30 June 2004, CRC/C/15/Add.237, Concluding observations on second report, paras. 50, 51, 62, 63, 65 and 79)
“The Committee is concerned at ... the limited facilities and services for children with disabilities, especially those in rural and remote areas, and the limited number of trained teachers to work with children with disabilities. Efforts to facilitate their inclusion into the educational system and the society at large are insufficient.
“In line with the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69), it is recommended that the State party: ...
c) establish special education programmes for disabled children and include them in the regular school system to the extent possible; ...
e) allocate further resources for special education, including vocational training, and for the support given to families of children with disabilities; and (f) Seek technical cooperation for the training of professional staff working with and for children with disabilities from, inter alia, UNICEF and WHO.
“The Committee welcomes the launching in 2000 of the Special Four-Year Plan for Education (2000/01-2003/04) aimed at promoting the basic education sector, and of the “Education for All” National Action Plan introduced in 2003 which is aimed specifically at the “access, quality and relevance” of education, but is seriously concerned at the following problematic aspects of the existing education system:
a) the low quality of education reflected in the high repetition and dropout rates, which affect more girls than boys;
b) the significant variation in school enrolment between urban and rural areas, and the particularly low level of enrolment of children belonging to minority groups....
“The Committee recommends that the State party: ...
e) strengthen its efforts to progressively ensure that girls as well as boys, from urban, rural and remote areas, and children belonging to minority groups all have equal access to educational opportunities;
f) adapt school curriculum to suit the particularities of the local communities, in particular for ethnic minority groups, and make use of local teachers to help children who are experiencing language difficulties....
“In light of articles 7, 22 and other relevant provisions of the Convention, the Committee recommends that the State party: ...
b) strengthen its efforts to provide adequate assistance to internally displaced children, including their access to food, education and health, and to support the return home of internally displaced populations and their reintegration into their communities....
“The Committee is deeply concerned about the situation of the children of the Bengali people residing in northern Rakhine State, also known as the Rohingyas, and of children belonging to other ethnic, indigenous or religious minorities and in particular that many of their rights are denied, including the rights to food, to health care, to education, to survival and development, to enjoy their own culture and to be protected from discrimination.”
N
- Namibia
- Nauru
- Nepal
- Netherlands
- New Zealand
- Nicaragua
- Niger
- Nigeria
- Norway
- Nuie
- (28 February 2023 CRC/C/NZL/CO/6 Advance Unedited Version, Concluding observations on the combined sixth periodic report, paras. 16,31,40.)- 92nd Session
- (25th October 2016, CRC/C/OPSC/NZL/CO/1, Concluding observations on the report submitted by New Zealand under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 23 and 24)- 73rd Session
- (11 April 2011, CRC/C/NZL/CO/3-4, Concluding observations: New Zealand, para. 45, the report did not include the section ‘children with disabilities’) - 56th Session
- (27 October 2003, CRC/C/15/Add.216, Concluding observations on secondreport, paras. 39, 40, 43 and 44) - 34th Session
- (29 January 2010, CRC/C/NOR/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 48, 49, 60 and 61)
- (21 September 2005, CRC/C/15/Add.263, Concluding observations on third report, para. 18)
- (6 March 2023 CRC/C/OMN/CO/5-6 Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, para. 30.) - 92nd session
- (14th March 2016, CRC/C/OMN/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 25, 26, 47, 48, 57, 58) - 71st Session
- (29 September 2006, CRC/C/OMN/CO/2, Concluding observations on second report, paras. 24, 25, 26, 43, 44, 55 and 56) - 43rd Session
- (11th July 2016, CRC/C/PAK/CO/5, Concluding observations on the fifth periodic report, paras 18, 19, 30, 31, 45, 46, 61, 62, 65, 66, 67, 68, 73 and 74) - 72nd Session
- (15 October 2009, CRC/C/PAK/CO/3-4, Concluding observations on third/fourth report, paras. 28, 29, 58, 59, 78, 79, 82, 83, 84 and 85)
- (27 October 2003, CRC/C/15/Add.217, Concluding observations on second report, paras. 29, 31, 50, 51, 60, 63 and 66)
- (2 October 2009, CRC/C/PHL/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 29, 53, 54, 65, 66, 83 and 84) - 52nd Session
- (21 September 2005, CRC/C/15/Add.259, Concluding observations on second report, paras. 20, 22, 55, 56, 68, 69, 70, 92 and 93)
- Samoa
- San Marino
- Sao Tome and Principe
- Saudi Arabia
- Senegal
- Serbia
- Seychelles
- Sierra Leone
- Singapore
- Slovakia - (Slovak Republic)
- Slovenia
- Solomon Islands
- South Africa
- South Korea
- Spain
- Sri Lanka
- State of Palestine
- St Lucia
- St Vincent & Grenadines
- Sudan
- Suriname
- Swaziland
- Sweden
- Switzerland
- Syrian Arab Republic
- Uganda
- Ukraine
- United Arab Emirates
- United Kingdom
- United Republic of Tanzania
- USA
- Uruguay
- Uzbekistan
- 22 June 2023 CRC/C/GBR/CO/6-7 Advance Unedited Version, Concluding observations on the combined sixth and seventh periodic reports, paras. 20, 33, 38, 43,50 and 54. - 93rd Session
- 12th July 2016, CRC/C/GBR/CO/5, Concluding observations on the fifth periodic report, paras 17, 18, 56, 57, 72, 73, 76 and 77 - 72nd Session
- 3 October 2008, CRC/C/GBR/CO/4 Unedited version, Concluding observations on third-fourth report, paras. 6, 7, 52, 53, 66 and 67- 49th Session
- 9 October 2002, CRC/C/15/Add.188, Concluding observations on second report, paras. 47, 48, 49, 50, 51 and 52 - 31st Session
Namibia
“The Committee reiterates its previous concern regarding the discrimination against children with disabilities (CRC/C/15/Add.14, paras. 7 and 15) and that the State party continues to adopt a social welfare approach to disability. The Committee notes that the State party provides grants for children with disabilities; however, it notes with concern that only 10 per cent of them are receiving the disability grant. The Committee is particularly concerned that:
(a) Children with disabilities, especially girls and those living in rural areas, continue to face multiple forms of discrimination and serious obstacles to the full enjoyment of their rights, including limited access to education, healthcare and other social services;
(b) The establishment of different structures and policies, in particular the National Disability Council and the National Policy on Disability of 1997, have not resulted in sufficient coordinated and concerted actions for children with disabilities. While noting that the National Disability Council is tasked with monitoring the implementation of the National Policy on Disability, the Committee regrets the lack of information on the Council’s monitoring activities in the State party’s report.
“Recalling its general comment No. 9 (CRC/C/GC/9 and Corr.1 , 2006), the Committee urges the State party to adopt a human rights - based approach to disability and specifically recommends that it :
(a) Ensure that all legislation on children, including the proposed Child Care and Protection Bill , include a specific prohibition of discrimination on the ground of disability, and develop holistic and coordinated program me s across ministries on the rights of children with disabilities;
(b) Ensure that children with disabilities are able to exercise their right to education, and provide for their inclusion in the mainstream education system to the greatest extent possible, including by providing teachers with special training, by increasing facilities for children with disabilities and by making schools more accessible;
(c) Provide effective remedies in case s of violations of the rights of children with disabilities, and ensure that those remedies are easily accessible to all children with disabilities, including girls and their parents and/or other caregivers…
… (e) Conduct awareness-raising and educational campaigns targeting the public at large and specific groups of professionals with a view to preventing and eliminating de facto discrimination against children with disabilities.
… (c) The private costs, including the contribution to the school development funds and its impact on children’s right to education, particularly of certain groups of children, such as children living in poverty, pregnant adolescents, children with disabilities, migrant, refugee and indigenous children;”
Nauru
(28th October 2016, CRC/C/NRU/CO/1, Concluding observations on the initial report, paras 22, 23, 40, 41, 50 and 51)
“While the Committee notes that the State party’s Constitution provides for non-discrimination on the basis of, inter alia, race, place of origin and political opinion, it is deeply concerned at the persistent discrimination against asylum-seeking and refugee children in all areas, in particular with regard to access to water, sanitation, education, health care and adequate housing. The Committee notes with concern that children with disabilities also face discrimination, particularly within the school environment.”
“In the light of general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee urges the State party to:
(a) Amend article 3 of the Constitution to include reference to discrimination on the basis of nationality or other status, in line with article 2 of the Convention;
(b) Ensure the full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards refugee and asylum-seeking children and children with disabilities;
(c) Ensure that all children have access to adequate food, water, sanitation, quality education, adequate health care and housing;
(d) Introduce a specific mechanism within the auspices of the Child Protection Services Division to address cases of discrimination against children, with particular attention to asylum-seeking and refugee children, and ensure the availability of sufficient human, technical and financial resources for that purpose.”
“While noting the State party’s efforts in this regard, the Committee is concerned that:
(a) There is no explicit legal provision mandating the provision of services for persons with disabilities or their access to public buildings, public spaces and all service delivery areas;
(b) The inclusion of children with intellectual and psychosocial disabilities remains unsatisfactory owing to a shortage of trained specialists, including speech therapists, mental health professionals and psychologists;
(c) Owing to societal attitudes, parents may decide, without taking into account the child’s best interests, that a child with disabilities will not attend a school providing inclusive education, resulting in the majority of children with disabilities attending the Able Disable Centre.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and establish a comprehensive strategy to ensure the inclusion of children with disabilities. It also urges the State party to:
(a) Develop a legal provision to ensure that all persons with disabilities have access, on an equal basis with others, to public buildings, public spaces and all service delivery areas;
(b) Give priority to measures that facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, such as leisure activities, community-based care and provision of social housing with reasonable accommodation;
(c) Guarantee all children with disabilities, including children with intellectual and psychosocial disabilities, the right to inclusive education in mainstream schools independent of parental consent and ensure the availability of qualified assistance in mainstream schools.
(d) Train and assign specialized teachers and professionals in integrated classes providing individual support and due attention to children with learning difficulties, and address the shortage of speech therapists and qualified professionals for children with intellectual and psychosocial disabilities;
(e) Enhance data collection on children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention and the existing laws and policies;
(f) Undertake awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities.”
“The Committee welcomes efforts made by the State party to improve education. It also notes as positive the State party’s intention to develop a youth policy to promote vocational training. However, the Committee remains seriously concerned that:
(a) Despite the truancy policy, the level of school non-attendance is high and early school leaving remains a problem;
(b) Refugee and asylum-seeking children do not have adequate access to full-time education and those who initially attend school tend to drop out quickly owing to verbal and physical abuse from their peers and teachers.”
“In the light of its general comment No. 1 (2001) on the aims of education, and taking note of targets 4.1 and 4.2 of the Sustainable Development Goals to ensure that by 2030, all girls and boys complete free, equitable and quality primary and secondary education, and have access to quality early childhood development, care and pre-primary education, the Committee recommends that the State party:
(a) Further strengthen its efforts to improve access to quality education for all children, including preschool, secondary and higher education;
(b) Develop programmes, along with monitoring and evaluation of such programmes, to reduce dropout rates;
(c) Ensure the full enjoyment of the right to education by asylum-seeking children on an equal basis with all other children in the country;
(d) Establish campaigns within schools to prevent bullying and violence against all children.”
Nepal
(8th July 2016, CRC/C/OPAC/NPL/CO/1, Concluding observations on the report submitted by Nepal under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 7, 8, 25 and 26) - 72nd Session
“The Committee welcomes the national plan of action for reintegration of conflict-affected children launched in 2010. It also welcomes the programme to enrol children affected by the armed conflict in school and provide them with scholarships. However, the Committee is concerned that, in practice, not all children affected by the conflict, especially those who were child soldiers and victims of violations during the conflict, have been able to access the benefits from these initiatives.”
“The Committee recommends that the State party conduct an evaluation of its national plan of action, with a view to including all children that were directly affected by the conflict, such as child soldiers or victims, or indirectly by the loss of a parent or parents. In doing so, the State party should pay particular attention to the needs of children in vulnerable situations, including Dalit and minority children and/or children in rural areas.”
“The Committee is concerned at the lack of mechanisms in place to identify, at an early stage, refugee, asylum-seeking and migrant children, including unaccompanied children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party put in place mechanisms to identify, at an early stage, refugee, asylum-seeking or migrant children, including unaccompanied children coming from countries with past or ongoing armed conflicts and who may have been involved in hostilities. It also recommends that the State party ensure that the personnel responsible for such identification are trained in children’s rights, child protection and interviewing skills. The Committee further recommends that the State party develop protocols and specialized services to ensure that such children are provided with appropriate assistance for their physical and psychological recovery and social reintegration.”
(8th July 2016, CRC/C/NPL/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 6, 20, 21, 46, 47, 58, 59, 60, 61, 66, 67, 68 and 69)- 72nd Session
“The Committee notes the continuing effects of the 2015 earthquake, which hinders the implementation of the rights enshrined in the Convention, and recommends that the State party continue its efforts related thereto.”
“The Committee welcomes the anti-discrimination provisions of the new Constitution. However, notwithstanding the de jure prohibition of discrimination, it remains concerned that discrimination based on, inter alia, gender, lineage, ethnicity, religion, social standing and disability remains prevalent. In particular, the Committee is concerned that:
(a) Gender discrimination is still highly prevalent in all aspects, such as in the health sector and in education;
(b) There is persistent de facto discrimination against Dalits, on the basis of their caste, resulting in them living in marginalized communities with hindrances to accessing education and public places, including water sources and places of worship.”
“The Committee urges the State party to:
(a) Ensure the effective implementation of its legislation in order to ensure that girls enjoy the same rights and entitlements as boys in all aspects of life, especially in family relations, the criminal and civil justice system and property rights, and take measures to eliminate any forms of discrimination in practice;
(b) Carry out awareness-raising activities with a view to eliminating patriarchal values and gender stereotypes;
(c) Strengthen its efforts to combat discrimination against, and stigmatization and social exclusion of, Dalit children and, in so doing, establish targeted programmes, including awareness-raising programmes, to facilitate their integration into other communities and ensure the enforcement of non-discriminatory access to education and to public places.”
“The Committee welcomes the inclusion of provisions on the rights of children with disabilities under the new Constitution. However, it remains concerned that:
(a) There is no comprehensive inclusive education policy framework, and segregated special education for children with disabilities remains the norm;
(b) Discrimination against and social stigmatization of children with disabilities, the number of whom has increased following the 2015 earthquake, is prevalent and manifests itself in multiple and intersecting forms, including with regard to girls with disabilities;
(c) Children with disabilities face hindrances to accessing health care and housing;
(d) There is a lack of adequate physically accessible infrastructure for children with disabilities;
(e) Existing measures for the inclusion of children with disabilities are limited to children with physical or sensorial disabilities, which excludes children with mental or intellectual disabilities, exacerbating their stigmatization;
(f) Disaggregated data on the abuse and neglect of children with disabilities are lacking.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human-rights-based approach to disability, set up a comprehensive strategy for the inclusion of all children with disabilities (with physical, mental, intellectual or sensory impairments) and:
(a) Prioritize the development of inclusive education and ensure that it is given priority over the placement of children in specialized institutions and classes and, in so doing, train and assign specialized teachers and professionals in integrated classes providing individual support and all due attention to children with learning difficulties;
(b) Undertake awareness-raising campaigns aimed at government officials, religious leaders, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(c) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(d) Take measures to increase the availability of physically accessible public buildings, including in its ongoing reconstruction process;
(e) Ensure that the legislative and programmatic definition of disabilities in the State party conforms to the Convention on the Rights of Persons with Disabilities, and that it encompasses mental or intellectual disabilities;
(f) Prioritize the collection of data on children with disabilities and develop an efficient system for diagnosing disability, in order to implement appropriate policies and programmes for children with disabilities.”
“The Committee welcomes the constitutional provisions on free and compulsory basic education and free secondary education. However, the Committee is concerned about:
(a) The fact that this constitutional provision is not yet enshrined in legislation;
(b) Decreases in the proportion of the budget allocated to State-provided education, combined with the emergence of private schools, which exacerbates segregation and discrimination in the education system while reducing the overall quality of education available to children;
(c) The high number of children who are out of school due to hidden fees;
(d) The high dropout rate of girls between primary and secondary school, and during secondary school, due to lack of separate toilets and menstrual hygiene;
(e) The low enrolment rate and high dropout rate of indigenous children;
(f) Significant gaps in the quality of education between rural and urban areas;
(g) Inadequate development of early childhood care and education.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Enact legislation to ensure the effective implementation of the constitutional right to education;
(b) Implement appropriate financing strategies, so as to ensure the effective and actual provision of free quality education to all without discrimination, in all parts of the country, in particular for children in the most marginalized situations;
(c) Take appropriate regulatory measures to ensure that private providers of education do not undermine social cohesion, or exacerbate segregation and discrimination, in particular by effectively regulating fees, syllabi, admission criteria and diversity of student backgrounds, and other barriers to access, and ensure the adequate implementation of the legislation, as well as ensure child-friendly school infrastructure in private schools;
(d) Ensure regulatory and enforcement frameworks, including reporting mechanisms, to combat the phenomenon of schools and/or teachers subjecting children to hidden costs for attending school;
(e) Carry out awareness-raising activities with a view to eliminating patriarchal values, gender stereotypes and menstruation-related discrimination, which undermine the right of girls to education, and ensure the allocation of adequate resources for the provision of sufficient gender-separated toilets and menstrual hygiene items in schools;
(f) Implement targeted programmes, along with earmarked funding, for increasing the rate of school enrolment and secondary school completion rates for indigenous children;
(g) Take the necessary measures to improve the accessibility and quality of education, and provide quality training for teachers, with particular emphasis on rural areas;
(h) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development.”
“The Committee welcomes the State party’s strong cooperation with the Office of the United Nations High Commissioner for Refugees on the issue of resettlement of refugees from Bhutan. However, the Committee regrets that, despite its previous recommendations (see CRC/C/15/Add.261, para. 80), the State party has not established a national refugee and statelessness legal protection framework. Furthermore, the Committee is concerned about…
(d) The lack of education for Tibetan refugee children.”
“The Committee reiterates its previous recommendations (see CRC/C/15/ Add.261, para. 80) and recommends that the State party…
(c) Seek to ensure, as a matter of priority, that all refugee and asylum-seeking children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth…”
“The Committee welcomes the adoption of the national policy on internally displaced persons (2007) and the efforts of the State party to find lasting solutions for children displaced by the 2015 earthquake. However, it is deeply concerned about the impact of the earthquake on children’s rights and about the high number of displaced children living in IDP camps or informal settlements without adequate access to food, safe drinking water, sanitation, health care and education.”
“The Committee recommends that the State party:
(a) Expeditiously strengthen its efforts to provide adequate housing for internally displaced children and their families living in internally displaced person camps or informal settlements and ensure that they have access to sufficient food, clean drinking water, sanitation, health care and education…”
“The Committee notes with satisfaction that the new Constitution recognizes the right of indigenous children to education in their mother tongues. However, it is concerned about:
(a) The lack of legal clarity on the responsibility for implementing this right and the de facto suppression of the right of indigenous children to information and access to media in their native language;
(b) Dalit children, children belonging to minorities and Tibetan children frequently suffering from hindrances to accessing education, health and social services; insufficient quality and cultural appropriateness of health care accessible to indigenous children and their mothers, including after the 2015 earthquake; and the resulting disproportionately high mortality rate of indigenous and Dalit children in comparison with other children in the State party;
(c) The lack of learning materials in the native languages of indigenous children, and their low school enrolment rates;
(d) Widespread reports of violence, through bullying and/or by teachers, against indigenous children in schools;
(e) The 2015 earthquake exacerbating the vulnerability of orphans, children of indigenous groups, religious minorities, the Dalit community and migrant workers to human trafficking.”
“With reference to the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee urges the State party to strengthen its efforts to ensure that all children, irrespective of whether they belong to a caste, minority or indigenous group, enjoy the entire range of rights enshrined in the Convention. The Committee recommends that the State party:
(a) Enact legislation and reporting procedures to ensure the effective implementation of the constitutional right of indigenous children to have meaningful access to information and media in their native language;
(b) Provide culturally and linguistically adapted awareness-raising campaigns and targeted support measures in Dalit, minority and Tibetan communities to ensure meaningful access to education, health and social services;
(c) Ensure the provision of educational syllabi in the native language of indigenous children;
(d) Establish accessible measures for reporting violence in schools and ensuring adequate safeguards and commensurate sanctions against such violence;
(e) Establish special units in the State party’s social services sections to ensure that the needs of orphans, indigenous children and religious or other minorities are addressed and, in so doing, ensure that these units are provided with adequate human, technical and financial resources and that they pay particular attention to the risk of human trafficking.”
“The Committee is concerned about the prevalence of child labour in the State party and, notwithstanding the ratification of International Labour Organization Worst Forms of Child Labour Convention, 1999 (No. 182), there are reportedly over 600,000 children involved in the worst forms of child labour. The Committee is also concerned about the continuity of practices that are forbidden by law, such as Kamalari.”
“The Committee recommends that the State party…
(c) Take preventive measures to ensure that those children who engage in labour do not work under harmful conditions and continue to have access to education…”
18 July 2012, CRC/C/OPSC/NPL/CO/1, Consideration of reports submitted by States parties under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; Concluding observations, paras. 4, 5, 16, 21, 22,
“The Committee welcomes the various positive measures in areas relevant to the implementation of the Optional Protocol, in particular the adoption of: [...]
(d) Minimum Standard Rules for Running Child Welfare Homes in 2007;
(e) Gender Equality Act in 2006;”
“The Committee also welcomes the ratification of the following international human rights instruments:
(c) Convention on the Rights of Persons with Disabilities and its Optional Protocol in May 2010;”
“The Committee recommends that the State party strengthen its efforts to make the provisions of the Optional Protocol widely known to the public at large, including to children in a child-friendly manner, their families and communities. The Committee also urges the State party to:
(a) Systematically incorporate issues related to the Optional Protocol into the curricula of primary and secondary schools;”
“The Committee welcomes the numerous measures taken with the view to preventing the sale of children, child prostitution and child pornography and in particular the programmes specifically targeting children from Dalit and Indigenous community and from marginalized and disadvantaged families, the promotion of child participation in policies and programmes, and the measures to combat illiteracy, especially among women. However, the Committee is concerned that existing laws, administrative measures, social policies and programmes are insufficient to address the root causes and contributing factors of the sale of children, child prostitution and child pornography, among them, widespread poverty, gender discrimination, unsafe migration, and the lack of a comprehensive child protection system. The Committee is especially concerned about: […]
(c) The lack of priority measures targeted to groups of children who are in the most vulnerable situations, notably internally displaced and refugee children, children with disabilities as well as children living in the street, the number of which is increasing;
(d) The inadequate protection of victims of domestic violence under the Domestic Violence Control and Punishment Act of 2009, the lack of protection of boys from sexual abuse and the high incidence of child sexual abuse in the home and in educational facilities.”
“The Committee urges the State party to adopt a comprehensive and targeted approach which addresses the root causes of offences under the Optional Protocol and targets children in the most vulnerable situations. In particular, the Committee urges the State party to strengthen its poverty reduction strategies and supportive social protection measures for disadvantaged and marginalized families including child-centred early intervention programmes to support parents in better performing their care and protection responsibilities towards children. The Committee further urges the State party to:
a) Take active measures for the effective implementation of the prohibition of “untouchability” and in doing so involve all sectors of society so as to facilitate social and cultural change and promote the creation of an enabling environment supportive of equality among children belonging to marginalized communities; [...]
c) Repeal legal provisions that discriminate against girls, and take all the necessary measures to eliminate societal discrimination against them through public educational programmes, including campaigns organized in cooperation with opinion leaders, families and the media to combat the stereotyping of gender roles in line with the recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/NPL/CO/4-5 para. 18 (a));
d) Develop prevention programmes targeting children in the most vulnerable situations and in particular take all necessary measures to ensure that children in street situations are provided with adequate and secure shelter, health care, education and clothing.”
(21 September 2005, CRC/C/15/Add.261, Concluding observations on second report, paras. 58, 59, 75, 76, 78 and 80)
“While acknowledging the development of a national policy on persons with disabilities and the existence of laws that provide for the rights of children with disabilities, including the 1982 Disabled Protection and Welfare Act, the 1971 Education Act and the 1992 Children’s Act, and the establishment of a National Disability Service Coordination Committee in 2000 to develop and support programmes for persons with disabilities, the Committee remains concerned that: ...
c) insufficient efforts have been made to facilitate the inclusion of children with disabilities into the educational system and society in general, including efforts to change traditional attitudes towards persons with disabilities and improve the access to information, medical facilities, etc.
“The Committee recommends that the State party: ...
c) assess the situation of these children in terms of their access to suitable health care, educational services and employment opportunities, and allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
d) in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the integration of children with disabilities into the regular educational system and their inclusion in society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“... The Committee is also concerned about the high dropout rate, and that significant inequality exists in access to education, in part due to the hidden costs associated with schooling, and that a large proportion of girls and children from disadvantaged backgrounds such as Dalit children and children with disabilities remain deprived of educational opportunities.
“The Committee recommends that the State party carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party: ...
d) take further measures to improve the accessibility, in particular for girls, to education of all children, with a view to eliminating the prevailing disparities between girls and boys, as well as between urban and rural areas; ...
f) prioritize efforts at teacher training and expand recruitment of qualified teachers, in particular women and persons from all ethnic groups;
g) introduce and fully implement targeted programmes for children from poor families and children from marginalized groups; ...
k) ratify the Convention against Discrimination in Education (1960) and the Convention on Technical and Vocational Education (1989)....
“... the Committee is concerned about: ...
d) the restrictions on Bhutanese refugees on their freedom of movement, as well as their enjoyment of the right to health and education.
“The Committee recommends that the State party: ...
b) seek to ensure, as a matter of priority, that all internally displaced, refugee and asylum-seeking children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth....”
Netherlands
(9th March 2022, CRC/C/NLD/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 3, 14, 23, 26 and 27 )
“The Committee welcomes the various legislative, institutional and policy measures taken by the State party to implement the Convention, including the addition of sexual orientation and disability to the list of prohibited grounds of discrimination under article 1 of the Constitution, the adoption of the Child Labour (Duty of Care) Act and the prohibition of corporal punishment in the home in Aruba, Bonaire, Saba and Sint Eustatius. The Committee notes with appreciation the ratification of the Convention on the Rights of Persons with disabilities.”
“The Committee welcomes the establishment of a National Coordinator against Discrimination and Racism and the measures taken to draft a national plan to combat all forms of discrimination, but remains concerned that not all municipalities have an anti- discrimination service in accordance with the Municipal Anti-Discrimination Services Act, and that regional disparities and de facto discrimination disproportionately affect children in disadvantaged situations, including in education, youth care and the justice system.
Recalling target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Eliminate disparities between constituent countries and all municipalities, including Bonaire, Saba and Sint Eustatius, regarding children’s access to youth services, health services, education, social assistance, and support in response to child abuse and neglect;
(b) Ensure that all municipalities have a child-friendly anti-discrimination service where children can easily report cases of discrimination, and mechanisms to respond effectively and in a child-sensitive manner;
(c) Ensure the investigation of cases of discrimination against children, including through specialized units or investigators;
(d) Evaluate, with the participation of children and civil society actors, existing measures aimed at combating discrimination against children in disadvantaged situations, to assess their impact and revise measures accordingly;
(e) Ensure that children with disabilities, asylum-seeking and migrant children and children without a regular residence status have access to inclusive and quality education, including early childhood education, without discrimination;
(f) Address the overrepresentation of migrant children in special schools and the justice system, including through mandatory training on non-discrimination for members of the judiciary, law enforcement officials and teachers;
(g) Develop policies and awareness-raising measures aimed at addressing the root causes of de facto discrimination, with a view to eliminating stereotyping of, and prejudice and discrimination against, inter alia, children belonging to ethnic and religious minority groups (including Muslims, Jews and children of African descent), refugee, asylum-seeking, migrant and undocumented children, children with disabilities, lesbian, gay, bisexual, transgender and intersex children and children living in poverty.”
“The Committee recommends that the State party:
(a) Prohibit the performance of unnecessary medical or surgical treatment on intersex children where those procedures may be safely deferred until children are able to provide their informed consent, and provide reparations for children who received unnecessary treatment;
(b) Provide adequate social, medical and psychological services, counselling and support to intersex children and their families;
(c) Prohibit the use of isolation and restraint as disciplinary measures in mental health institutions and alternative care settings.”
“The Committee is concerned about the increase in the number of children with disabilities attending special schools, lack of access to early education and the number of exemptions granted to children with disabilities under the Compulsory Education Act.”
“The Committee recommends that the State party:
(a) Ensure that all children with disabilities, including those with intellectual and psychosocial disabilities, have access to and benefit from inclusive education at all levels, including in Bonaire, Saba and Sint Eustatius;
(b) Strengthen measures for ensuring inclusive education, including by adapting curricula and training and assigning specialized teachers and professionals in integrated classes so that children with learning difficulties receive individual support and due attention;
(c) Expeditiously amend the Compulsory Education Act to limit the grounds for exemption of children with disabilities from compulsory education on physical or psychological grounds, and allocate sufficient human, technical and financial resources for the implementation of the Act, with a view to ensuring that exemptions are not used disproportionately to deny a child’s right to education;
(d) Strengthen support provided to children with disabilities for their social integration and individual development and ensure that families of such children know how to seek the necessary support, including by ensuring that personal health budgets are sufficient to cover the costs of quality care and that all municipalities implement the comprehensive assessment framework aimed at ensuring that children with disabilities receive prompt and early support”
(26 February 2004, CRC/C/15/Add.227, Concluding observations on second report of Netherlands and initial report of Aruba, paras. 30, 31, 32, 45,46, 51, 52, 53 and 54)
“... the Committee is concerned that societal prejudices and discrimination persist in society, in particular, against children of ethnic minorities and refugee and asylum-seeking children, and that in some localities and schools in the Netherlands there is de facto segregation between ethnically Dutch families and families of foreign origin....
“... The Committee requests the State party to pay particular attention to eliminating negative stereotype of refugee and asylum-seeking children in the Netherlands and to address the root causes of de facto segregation in schools and localities. It further recommends that the State party ensure that children of migrant families in Aruba have equal access to education, health and other services and that there is legislation to protect children with disabilities against discrimination.
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No. 1 on article 29 (1) of the Convention (aims of education).
“The Committee welcomes the continuing efforts to integrate children with disabilities into the mainstream education system, in particular in the Netherlands. However, it is concerned that children with disabilities in the Netherlands spend a significant amount of time waiting to access services and programmes....
“In keeping with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993), the Committee recommends that the State party strengthen its efforts to integrate children with disabilities into mainstream education and everyday life by: ...
b) expanding education possibilities for children with disabilities in Aruba, including those with learning disabilities, at the secondary school level;
c) improving the physical accessibility of mainstream schools, leisure and recreational facilities, and other public buildings and spaces in Aruba....
“The Committee notes the information provided by the delegation that efforts will be strengthened in the Netherlands and Aruba to prevent and assist school dropouts and the intention to expand bilingual education (Papiemento and Dutch) to secondary schools in Aruba....
“The Committee recommends that the State party: ...
c) in Aruba, expedite the adoption of the National Ordinance on Compulsory Education and ensure that it is enforced, including for children of undocumented migrants;
d) in Aruba, ensure that sufficient teaching materials are available in Papiemento for primary and secondary students....
“... the Committee is concerned that children whose applications for refugee status have been rejected are detained in closed camps with limited possibilities for education and leisure activities....
“The Committee recommends that the State party in the Netherlands: ...
d) ensure that the detention of children whose applications for refugee status have been rejected is used only as a measure of last resort, and that all children awaiting expulsion receive adequate education and housing.”
Netherlands (including Aruba and Netherlands Antilles)
(30 January 2009, CRC/C/NLD/CO/3 Unedited version, Concluding observations on third report of the Netherlands, paras. 50, 61, 62, 65 and 66)
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), article 23 of the Convention and the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), the Committee recommends that the State party: ...
d) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
e) ratify the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed on 30 March 2007.
“The Committee takes note with appreciation of the quality of the educational system in the Netherlands. The Committee is aware of the attention the State party pays to the issues of de facto school segregation in cities .... However, the Committee is concerned that these issues have not yet been resolved satisfactorily.
“The Committee recommends that the State party: a) strengthen efforts to overcome the de facto ethnic segregation of school attendance by providing support for ethnically diverse schools and networks of cooperation among schools; ....
“The Committee welcomes the draft National Ordinance on Compulsory Education in Aruba. It is concerned, however, that education still is not compulsory, that while non-attendance and dropout rates have been lowered, these problems still exist, and that not all immigrant children attend school.
“The Committee recommends that the State party expeditiously make education compulsory in Aruba and strengthen its efforts to ensure that all children, including immigrant children, attend school.”
New Zealand
(28 February 2023 CRC/C/NZL/CO/6 Advance Unedited Version, Concluding observations on the combined sixth periodic report, paras. 16,31,40.)- 92nd Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination, children with disabilities, children belonging to minority or indigenous groups.”.”
“ The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children. It further recommends the dissemination of information about the Optional Protocol on a communications procedure to children and persons working with and for them, and to actively promote access to justice for children.”
(25th October 2016, CRC/C/OPSC/NZL/CO/1, Concluding observations on the report submitted by New Zealand under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 23 and 24)- 73rd Session
“The Committee welcomes the State party’s efforts to improve data collection to better identify children at risk of abuse or neglect through the establishment of the Approved Information Sharing Agreement for Improving Public Services for Vulnerable Children and the Vulnerable Kids Information System. However, it expresses its concern at the lack of a comprehensive system for collecting disaggregated data on areas covered by the Optional Protocol, in particular the sale of children and child prostitution, which limits the State party’s capacity to monitor and assess such offences under the Protocol. The Committee is further concerned at the lack of information regarding the number of cases duly investigated and of perpetrators prosecuted and sanctioned commensurate with the gravity of their crimes.”
“The Committee recommends that the State party continue its efforts to develop and implement a comprehensive, coordinated and effective system of data collection, analysis, monitoring and impact assessment on all areas covered by the Optional Protocol, including on the sale of children and child prostitution. The data should be disaggregated, inter alia, by sex, age, nationality and ethnic origin, region and socioeconomic status, with particular attention to children who are at risk of becoming victims of crimes under the Optional Protocol. Data should also be collected on the number of prosecutions and sanctions, disaggregated by the nature of the offence.”
“The Committee notes with appreciation that the Children’s Action Plan deals with the cumulative effect of risk factors affecting children in vulnerable situations. It welcomes the educational and awareness-raising measures and programmes focusing on the identification and the monitoring of vulnerable groups of children who are at risk of becoming victims of the offences covered by the Optional Protocol, especially children who are victims of domestic violence, children using the Internet without proper supervision, child refugees and asylum seekers and children in irregular migration situations. However, the Committee regrets that preventive measures relating to the specific offences under the Optional Protocol remain inadequate. Furthermore, the Committee is concerned that the underlying root causes of the offences under the Optional Protocol, such as poverty, are not sufficiently addressed.”
“The Committee encourages the State party to:
(a) Undertake research on the nature and root causes of the sexual exploitation of children, in particular child prostitution and pornography, in order to identify children at risk and assess the extent of the problem;
(b) Undertake targeted preventive measures, including against exploitation over the Internet, and cooperate with international intergovernmental and non-governmental organizations concerning the implementation of awareness-raising campaigns in all areas covered by the Optional Protocol;
(c) Give further attention to the implementation of social and economic development programmes and poverty reduction strategies, including through the appropriate allocation of financial resources for the prevention of all forms of exploitation as defined in the Optional Protocol.”
(21st October 2016, CRC/C/NZL/CO/5, Concluding observations on the fifth periodic report, paras 15, 19, 30 and 37) - 73rd Session
“The Committee recalls its previous recommendation (CRC/C/NZL/CO/3-4, para. 25) and recommends that the State party ensure full protection against discrimination on any ground, including by:
(a) Taking urgent measures to address disparities in access to education, health services and a minimum standard of living by Maori and Pasifika children and their families;
(b) Strengthening its measures to combat negative attitudes among the public and other preventive activities against discrimination and, if necessary, taking affirmative action for the benefit of children in vulnerable situations, such as Maori and Pasifika children, children belonging to ethnic minorities, refugee children, migrant children, children with disabilities, lesbian, bisexual, gay, transgender and intersex children and children living with persons from those groups;
(c) Taking all measures necessary to ensure that all cases of discrimination against children are addressed effectively, including with disciplinary, administrative or — if necessary — penal sanctions.”
“While appreciating the State party’s efforts to preserve Maori identity, including through language and television programmes, the Committee is concerned that those efforts remain insufficient and recommends that the State party:
(a) Intensify efforts to promote and foster Maori language, culture and history in education and increase enrolment in Maori language classes;
(b) Ensure that Maori children adopted by non-Maori parents have access to information about their cultural identity;
(c) Ensure that all government agencies developing legislation and policies affecting children take into account the collective dimension of Maori cultural identity and the importance of their extended family (whanau) for Maori children’s identity.”
“While welcoming the measures undertaken by the State party, including the Child Disability Allowance, Wraparound Intensive Individualized Support and the Family Whanau Sign Language Facilitator service, in the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Adopt a comprehensive, child rights and participatory approach to the fulfilment of the rights of children with disabilities and ensure that the Disability Action Plan takes into account the needs of those children;
(b) Strengthen its efforts to combat the marginalization and discrimination of children with disabilities in their access to health, education, care and protection services, with particular attention to Maori children with disabilities, children with disabilities living in poverty and children with multiple disabilities, and undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of these children;
(c) Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in separated institutions and classes and that families of children with disabilities are aware of the services to which they are entitled;
(d) Implement anti-bullying programmes to prevent the occurrence of bullying in schools;
(e) Undertake an assessment of district inspectors’ investigations into violations of the rights of children with disabilities placed in compulsory residential care under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003;
(f) Adopt legislation prohibiting the sterilization of children with disabilities without their free, prior and informed consent and ensure that children with severe disabilities are provided with independent advocacy in decisions affecting them;
(g) Establish a system for the regular and systematic collection of comprehensive and disaggregated data on children with disabilities, necessary for putting in place appropriate policies and programmes.”
“Taking note of target 4.a of the Sustainable Development Goals on building and upgrading education facilities that are child, disability and gender sensitive and providing safe, non-violent, inclusive and effective learning environments for all, and recalling its previous recommendation (CRC/C/NZL/CO/3-4, para. 46), the Committee recommends that the State party:
(a) Ensure that the ongoing review of the Education Act 1989 complies with the provisions and principles of the Convention and is made in consultation with children;
(b) Ensure that the budget allocated to education is adequate, sufficient and protected in case of economic crisis or other financial factors;
(c) Develop and implement an adequate normative framework for alternative education in line with the Convention and the Committee’s general comment No. 1 (2001) on the aims of education, and undertake regular quality assessments of alternative educational arrangements and institutions, including the newly established partnership schools;
(d) Take measures to end the overrepresentation of children with disabilities, Maori and Pasifika children in disciplinary processes, including by providing adequate social and psychosocial support to children and only use the disciplinary measure of permanent or temporary exclusion as a means of last resort.”
“The Committee notes with appreciation the numerous efforts of the State party in the sphere of education, including the new Education Amendment Act and Maori Education strategy (2008-2012) [...] However, the Committee is concerned that several groups of children have problems being enrolled in school or continuing or re-entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities (children with special educational needs), children living in rural areas, Maori, Pacific and minority children, asylum-seeking children,teenage mothers, dropouts and non-attendees for different reasons…”
(27 October 2003, CRC/C/15/Add.216, Concluding observations on second report, paras. 39, 40, 43 and 44) - 34th Session
“The Committee is concerned that children with disabilities are not fully integrated into all aspects of society and that services, in particular in the education system, are often difficult for families of children with disabilities to access.
“The Committee recommends that the State party ensure that adequate human and financial resources are allocated to implement the New Zealand Disability Strategy, in particular those aspects relating to the integration of children with disabilities into mainstream education and other aspects of society.
“The Committee welcomes the development of bilingual education for Maori; however, it notes with concern the persistent disparities in enrolment and dropout rates among children of different ethnic groups. The Committee is also concerned that the policy on exclusions, as well as increasing hidden costs of education are limiting access to education, particularly for Maori children, pregnant girls, children with special educational needs, lower-income families, non-citizens and new immigrants.
“The Committee recommends that the State party: ...
b) enforce legislation on compulsory education and prohibit exclusions on arbitrary grounds such as pregnancy, and ensure that students of the age of compulsory education who have legitimately been excluded from a school are enrolled elsewhere;
c) take effective measures to address disparities in enrolment and dropout rates between ethnic groups, including by strengthening programmes for bilingual education....”
Nicaragua
(20 October 2010, CRC/C/NIC/CO/4, Concluding observations: Nicaragua, paras. 5, 36, 37, 60 and 61)
“The Committee further welcomes the ratification by Nicaragua of the following:
(a)Convention on the Rights of Persons with Disabilities and its Optional Protocol [...]
“The Committee welcomes the legislative action taken by the State party to guarantee equal rights of people, especially those with disabilities [...]
“The Committee urges the State party to strengthen efforts to combat racist and gender - biased attitudes and behaviour, including against [...] those who have disabilities. It further recommends that the State party place high priority in the public agenda on preventing and eradicating discrimination, inter alia , through the media and education system.
“While welcoming the appointment of a Special Ombudsperson for Persons with Disabilities and the principle of inclusive education contained in the Education Law, which has resulted in doubling school enrolment of children with disabilities, the Committee is concerned at the deficiencies of the education system, including the training of teachers to address this challenge, weakness of early intervention and rehabilitation services, and the fact that a high proportion of children with disabilities does not have access to public health services.
“In light of art. 23 of the Convention, the Committee’s general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the Convention on the Rights of Persons with Disabilities, the Committee recommends that the State party:
(a) Develop family support mechanisms and awareness-raising activities for families and communities to enable them to help children with disabilities exercise their rights;
(b) Ensure that the education system is fully equipped to implement the policy of inclusive education, by providing the appropriate financial and technical resources , and ensure that all children with disabilities have access to education; and
(c) Build the capacity of health and social services to prevent, detect and provide care to children with disabilities and thereby support families and communities.
“The Committee further welcomes the ratification by Nicaragua of the following:
(a)Convention on the Rights of Persons with Disabilities and its Optional Protocol;”
(1 October 2010, CRC-C-NIC-CO-4 Concluding Observations: Nicaragua Paras. 37, 60, 61, 70 and 71.)
“The Committee urges the State party to strengthen efforts at combating racist and gender biased attitudes and behaviour, as well as those against children and adolescents who are indigenous, come from rural or remote areas or have disabilities. It further recommends that the State party place high priority in the public agenda to prevent and eradicate discrimination, inter alia, through the media and the educational system. The Committee would also like to draw the State Party’s attention to the principles of the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference.”
“While welcoming the appointment of a Special Ombudsperson for Persons with Disabilities and the principle of inclusive education contained in the Education Law which has resulted in doubling school enrolment of children with disabilities, the Committee is concerned at the deficiencies of the educational system, including training of teachers, to address this challenge, the weakness of early intervention and rehabilitation services, and that a high proportion of children with disabilities does not have access to public health services.”
“In the light of art. 23 of the Convention, the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the Convention on the Rights of Persons with Disabilities, the Committee recommends that the State party:
(a) Include family support mechanisms and aim awareness-raising efforts at the families and communities so they can help children with disabilities exercise their rights;
(b) Ensure that the educational system is fully able to implement the policy of inclusive education, by providing the appropriate financial and technical resources and that all children with disabilities have access to education; and
(c) Ensure that the health and social services have the capacity to prevent, detect and provide care to children with disabilities and, in doing so, support families and communities.”
“ While welcoming the Intercultural Bilingual Education policy, and that illiteracy has been remarkably reduced (from 22 percent in 2006 to 3.6 percent in 2009), more children attend school (having reduced the number of children out of school from one million to 500,000 since 2006) and fees for primary and middle education have been waived, the Committee is concerned that
(a) Still about half a million children do not attend school, and regional disparities are very broad;
(b) The dropout rates are high and the budget is not adequate to cover the reconstruction of a well equipped school infrastructure and the expansion needed to bring all children in school and make them stay longer;
(c) The quality of the curricula is low and the training of teachers is inadequate;
(d) There is violence and discrimination in schools;
(e) Facilities for early childhood education and vocational education and training are not provided to the necessary extent; and
(f) Almost half of all adolescents are outside the school system.”
“The Committee recommends that the State party:
(a) Increase budget allocations in order to rehabilitate and to expand the educational system on all levels to make sure that all children have access to well equipped schools and teachers are adequately trained and paid;
(b) Take measures to reduce and eliminate drop out and make more children stay in the educational system beyond the compulsory years of school;
(c) Implement the Intercultural Bilingual Education policy;
(d) Continue and enforce the revision of curricula, improve teacher training, introduce interactive forms of learning and provide a child-friendly environment in school;
(e) Expand early childhood development programmes and facilities and in particular ensure the access of disadvantaged and poor children in need of developmental and educational incentives;
(f) Close the gap between the end of compulsory school and the minimum age for access to employment by expansion of the compulsory years of education and the establishment of a vocational training system which prepares adolescent children for qualified work;
(g) Expand human and child rights education to all levels of the education system; and
(h) Take into account the Committee's general comment no. 1 (2001) on the aims of education.”
(21 September 2005, CRC/C/15/Add.265, Concluding observations on third report, paras. 46, 54 and 56)
“The Committee encourages the State party to actively pursue its current efforts and to continue to:
a) ensure that policies and practice in relation to children with disabilities take due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and of the Committee’s recommendations adopted at its day of general discussion on “Children with disabilities” (see CRC/C/69);
b) pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system....
“The Committee is concerned about: ...
b) socio-economic and regional disparities - e.g. between urban and rural areas and between the Central/Pacific and Caribbean/Atlantic regions - in the access and enjoyment of the right to education, including lack of facilities in isolated and remote areas....
“The Committee encourages the State party to:
a) increase the efforts to eliminate any discrepancy in access to education between urban and rural areas and between the Central/Pacific and Caribbean/Atlantic regions....”
Niger
(12th December 2018, CRC/C/OPSC/NER/CO/1, Concluding observations on the report submitted by the Niger under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 15, 16, 17 and 18) - 79th Session
“The Committee is seriously concerned that the State party does not have a system to collect data on child victims of offences under the Optional Protocol, and is therefore unable to assess the scope of the problem. The Committee is also concerned that the lack of data affects the State party’s ability to prevent the offences under the Optional Protocol and to protect and rehabilitate child victims of these offences through the appropriate policies and necessary services.”
“The Committee recommends that the State party develop and implement a comprehensive, coordinated and effective system for data collection, analysis, monitoring and impact assessment on all areas covered by the Optional Protocol, including on the sale of children, child prostitution and child pornography. The data should be disaggregated, inter alia, by sex, age, nationality and ethnic origin, region and socioeconomic status, paying particular attention to children who are at risk of becoming victims of crimes under the Optional Protocol.”
“The Committee notes the development of the social centres for prevention, promotion and protection, which are in their pilot stage, and the adoption of the 2010 national guidelines for the care of children in vulnerable situations. However, the Committee remains concerned at the lack of identification mechanisms and other targeted measures taken by the State party to prevent children in vulnerable and marginalized situations from becoming victims of offences under the Optional Protocol, with particular regard to children in slavery, including talibe children and wahayu (fifth wives); children in street situations; migrant, refugee and asylum-seeking children; children in situations of forced labour; orphaned children; children born outside of marriage; and children who are separated from their families or unaccompanied.”
“The Committee urges the State party to establish mechanisms to identify and detect children at risk of falling victim to offences under the Optional Protocol, especially children in slavery, including talibe children and wahayu (fifth wives); children in street situations; migrant, refugee and asylum-seeking children; children in situations of forced labour, orphaned children; children born outside of marriage; and children who are separated from their families or unaccompanied. The Committee recommends that the State party take targeted measures to prevent these offences, provide law enforcement officers with relevant training, and adopt standard operating procedures to ensure that victims or children at risk of becoming victims of offences under the Optional Protocol are always regarded as victims or potential victims, and not offenders.”
“The Committee is seriously concerned about the widespread practice of child marriage, especially in remote and rural areas of the State party, which may amount to the sale of children. The Committee is also concerned about the practice of selling girls as wahayu or fifth wives, in which they are treated as property, forced to work for their “master” and his family, and sexually exploited.”
“The Committee urges the State party to end the practice of child marriage throughout the country, including by setting the legal minimum age for marriage at 18 years for both girls and boys. It also urges the State party to eradicate the practice of the sale of girls as wahayu, including by prosecuting and imposing harsh sentences on those involved in their sale and purchase.”
(21st November 2018, CRC/C/NER/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 15, 30, 38, 39, 43 and 44) - 79th Session
“While noting that the 2010 Constitution contains provisions on non- discrimination, the Committee recalls its recommendation from previous concluding observations (CRC/C/NER/CO/2, para. 28, and CRC/C/15/Add.179, para. 28) that the State party make greater efforts to ensure that all children within its jurisdiction enjoy, without discrimination, all the rights set out in the Convention, including through public education programmes and the eradication of social misconceptions. In this regard, the Committee urges the State party to prioritize and target social services for children in the most marginalized and disadvantaged situations, in particular girls, children in slavery, including talibe´ children and girls subjected to the practice of wahaya (fifth wife), children in street situations, migrant, refugee and asylum-seeking children, children in forced labour, orphan children, children of unmarried parents, children with or affected by HIV, children separated from their families and unaccompanied children. It also urges the State party to withdraw its reservations to the Convention on the Elimination of All Forms of Discrimination against Women and ensure that the rights of girls are fully integrated into all of its policies and programmes.”
“In the light of the information provided by the State party in its report (paras. 97–103) with regard to its efforts to address the situation of children with disabilities and with reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and:
(a) Organize the collection of data on children with disabilities;
(b) Set up a comprehensive strategy for the inclusion of children with disabilities;
(c) Develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes and a specific budget for children with disabilities;
(d) Strengthen its measures on inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(e) Take immediate measures to ensure that all children with disabilities have access to health care, including early detection and intervention programmes, and quality orthopaedic equipment, especially in rural areas;(f) Provide specialized training, including on sign language, to teachers and professionals, and assign specialized teachers and professionals to integrated classes in which individual support and all due attention are provided to children with learning difficulties;
(g) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities, especially children with intellectual and psychosocial disabilities, and promote a positive image of such children;
(h) Develop mechanisms to prevent the economic exploitation, in particular, through begging, of children with disabilities.”
“The Committee welcomes the efforts made by the State party in terms of allocating at least 15 per cent of its budgetary resources to education in recent years, as well as adopting the 2017 decree to protect girls’ schooling. The Committee is, however, seriously concerned about:
(a) The disparities between girls and boys in terms of rates of enrolment in and completion of primary school, despite the recent progress;
(b) The high percentage of out-of-school children;
(c) The poor quality of education and teaching;
(d) Urban and rural disparities in access to school;
(e) The absence of regulation of Qur’anic schools;
(f) Risks of sexual abuse by teachers and school staff, especially in rural areas;
(g) Insufficient funding for vocational training;
(h) Use of schools by the military, which may render schools targets of attacks and endanger the safety of children.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of Sustainable Development Goal 4, on ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for all, the Committee recommends that the State party:
(a) Take all necessary measures to improve the accessibility of education for all, especially children living in poverty and girls, by enforcing the 2017 decree;
(b) Increase enrolment in schools by overcoming obstacles for out-of-school children and children who have dropped out of school;
(c) Improve the quality of education by, inter alia, ensuring that teachers receive appropriate training and can upgrade their skills through in-service training, with particular emphasis on rural areas;
(d) Regulate and monitor Qur’anic schools;
(e) Ensure that schools are free from sexual and other types of abuse of children and bring perpetrators of such abuse to justice;
(f) Increase funding for and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(g) Take concrete measures to deter the use of schools by the military, including by bringing the Guidelines for Protecting Schools and Universities from Military Use during Armed Conflict into domestic military policy and operational frameworks, in line with the commitment made in the Safe Schools Declaration.”
“The Committee welcomes the 2012 Labour Code and the 2017 decree prohibiting child labour. Nevertheless, it is seriously concerned that, despite the State party’s efforts, child labour continues to be widespread, including in quarries and gold mines. The Committee is particularly concerned about forced begging by talibe´ children under the guardianship of Qur’anic schools and about child domestic workers who are exposed to long hours of work without any rest day and with little pay. Such children are often subjected to physical and verbal abuse and sometimes sexual abuse.”
“The Committee urges the State party to…
(f) Continue cooperation with the International Labour Organization with a view to establishing programmes to move children out of the worst forms of child labour and strengthen vocational education programmes for school dropouts and older children as alternatives to underage labour.”
(12 June 2009, Advance unedited version, Concluding observations on second report, paras. 27, 53, 54, 66 and 67)
“The Committee welcomes all the efforts made by the Government in promoting girls’ education and in particular the awareness-raising campaigns carried out with the support of traditional and religious chiefs in the regions where girls’ enrolment is particularly low....
“The Committee notes with satisfaction ... the adoption of a National Strategy for specialized education. The Committee remains however concerned at the persisting societal discrimination against children with disabilities and at the lack of appropriate legislation to protect their rights....
“The Committee recommends that the State party:
a) take into account the United Nations Convention on the Rights of Persons with Disabilities, article 23 of the Convention on the Rights of the Child and the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006); ...
d) take all necessary measures to ensure the implementation of the 2005 Strategy for Specialized Education which aim is to promote education for children with special educational needs; ...
f) provide training for professional staff working with children with disabilities, such as teachers, social workers, medical, paramedical and related personnel.
“The Committee commends the major efforts of the State party to expand access to primary education as well as the increase in girl’s access to education.... The Committee is however concerned ... [at] the still weak gender equity in education....
“The Committee recommends that the State party: ...
b) address disparities more effectively by allocating specific budget and long term support targeting the most deprived children, namely girls in especially poor rural areas; ...
f) increase access to early childhood education, to all regions of the State party; ...
j) take into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education.”
Nigeria
(11 June 2010, Concluding observations: Nigeria Paras. 12, 29, 56, 57, 71, 72, 77, 78 and 81 )
“The Committee welcomes the adoption, in line with the Committee’s earlier recommendations (CRC/C/15/Add.257, para. 18), of the National Plan of Action on CRC/CRA 2009-2015 which “puts children first as a state policy” and which emphasizes health, education, and protection of children. While noting with appreciation that the State party is taking steps to implement and provide resources for the Action Plan, it is concerned that a results-oriented, gender-sensitive and evidence-based cost plan for the operationalization of the Action Plan remains a challenge.”
“… The State party is encouraged to consider affirmative action programmes to ensure girls effective access to education and prevent early school drop-out, including by reinforcing existing programmes such as the Federal Government of Nigeria (FGN) Gender Education Project.”
“… While further noting information on special education facilities for children with disabilities, the Committee is concerned at the regional disparities in the availability of such facilities. The Committee is furthermore concerned at the lack of information on follow-up on its previous recommendations relating to children with disabilities (CRC/C/15/Add.257, paras. 46-47), in particular that no comprehensive policy on children with disabilities has been developed.”
“… The Committee strongly recommends the State party to: …
(b) Continue its efforts to ensure access to education and health services for all children with disabilities in all states and to address existing geographical disparities with respect to available social services.”
“The Committee notes with appreciation steps taken by the State party to implement its free Universal Basic Education Programme (1999) and measures to improve quality of education, including a gender review of the curricula. It also welcomes the increased budgetary allocations for the education sector, the increase in primary school enrolment, and the improvement of infrastructure. The Committee notes the adoption of the Vocational Educational Initiative and the development of special vocational training programmes to assist children from low socio-economic status and for children from other vulnerable groups. It also notes with appreciation the ongoing process of integrating religious schools into the formal school system and for providing them with trained maalams (teachers). The Committee remains seriously concerned however about:
(i) The high percentage of the primary school age population that is not enrolled in schools;
(ii) The very low national primary school completion rate and the low net secondary school enrolment rate;
(iii) Persisting wide geographical disparities in terms of enrolment rates and educational facilities;
(iv) Persisting gender inequalities in enrolment and retention rates in the northern states;
(v) The existence of fees and the absence of the right to free and compulsory education in the Constitution and at information that parents who refuse to enroll their children in schools are subject to sanctions;
(vi) The inadequate and inaccessibility of vocational training programmes for many children, including children in conflict with the law.”
“The Committee urges the State party, taking into account its general comment no. 1 (2001) on the aims of education, to:
(a) Ensure that primary education is effectively free and compulsory for all children without discrimination, including by abolishing school fees;
(b) Ensure that the right to free and compulsory education is incorporated in the Constitution within the context of the constitutional review;
(c) Continue to increase public expenditure for education, in particular primary education, with specific attention to addressing gender and regional disparities in the enjoyment of the right to education, and to enhance quality of education, including by ensuring that parents are not required to bear any financial burden for education and learning materials;
(d) Continue to strengthen its efforts to integrate religious learning institutions, including the alamajiri schools, into the formal school system and to provide teachers education to maalams;
(e) Promote pre-school education for children and make special attempts to include children from vulnerable and school-distant groups at early ages;
(f) Take effective measures to ensure equal access to secondary education, especially in rural areas and in the north-western and north-eastern regions of the State party, by promoting enrolment of girls;
((g) Continue and strengthen its efforts to ensure accessible and available vocational training opportunities for all children, with a priority to children from vulnerable groups.”
“The Committee is concerned at the lack of information in the State party’s report on minorities, particularly the Ogoni community (Niger Delta region). Furthermore, the Committee is concerned by discrimination against ethnic minorities and notes that provisions of the National Policy on Education conferring special status on the three major languages (Hausa, Igbo and Yoruba) may be interpreted as discriminatory. The Committee notes that no strategies have been developed to ensure appropriate curricula for minorities, which takes into account the right of children of minority groups to use and receive education in their own language.”
“The Committee urges the State to: …
(b) Ensure that children of minority groups be given equal access to education and equal chances to develop qualifications through the introduction of appropriate and adequate curricula which recognises their right to use and receive education in their own language.”
“The Committee urges the State party to implement its programs to provide education for children in the Niger Delta …”
(13 April 2005, CRC/C/15/Add.257, Concluding observations on second report, paras. 46, 47, 61, 62 and 64)
“... The Committee is particularly concerned at the limited number of trained teachers and professionals working with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion in the education system and the society in general.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party:
a) undertake a comprehensive study to assess the situation of children with disabilities in terms of their access to suitable health care, education services and employment opportunities; ...
d) encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities; ...
f) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, UNICEF and WHO.
“The Committee ... notes with appreciation the initiatives of some State Governments to facilitate children’s access to education and to increase school enrolment, including the school meal plus programme and the development of the Strategy for Acceleration of Girls’ Education in Nigeria (SAGEN). ... However, in the light of the Committee’s general comment No. 1 on article 29 (1) of the Convention (aims of education), the Committee remains concerned about the various numbers of problems in the State party’s education system, including: ...
b) high illiteracy, particularly among girls and women; ...
d) gender and regional disparities in school enrolment; ...
f) mandatory requirement by law in some states of segregation of boys and girls in schools; and
g) segregation of refugees and displaced children in separate schools from other children.
“The Committee recommends that the State party: ...
b) prioritize equal accessibility to educational opportunities for girls and boys from urban and rural areas; ...
g) ensure that children who drop out of school and pregnant teenagers are provided with the opportunity to resume their studies; ...
i) ensure that refugee and asylum-seeking children are placed in schools in the local community, to facilitate their integration;
j) increase availability of vocational training programmes for young people, in particular, for girls, with the view to facilitate their access to the labour market, and in this connection, ratify the 1989 UNESCO Convention on Technical and Vocational Education....
“The Committee recommends that the State party:
a) seek to ensure, as a matter of priority, that all displaced and refugee children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth....”
North Macedonia
(20 October 2022 CRC/C/MKD/CO/3-6, Advanced Unedited Version, Concluding observations on the combined third to sixth periodic reports, paras 18, 25 and 30) - 91st Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination, violence against children, and children with disabilities.”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
Norway
(1st October 2018, CRC/C/ARG/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 11, 12, 23, 29 and 33) - 78th Session
“The Committee, while welcoming the progress made by the State party in enacting legislation to tackle discrimination against children, notes with concern that:
(a) Girls are sometimes represented in an oversexualized and objectifying manner in the media;
(b) Children with an immigrant background are exposed to discrimination and often face difficulties at school, which teaching staff are insufficiently trained to address;
(c) Children who do not conform to gender stereotypes are subjected to discrimination, bullying and intimidation, and violence.
“The Committee recommends that the State party:
(a) Allocate resources for research into the root causes and possible impact of oversexualized representations of girls in the media and the possible connections between sexualization and pornography and the root causes of gender-based violence, in particular in relation to girls, in line with the recommendation by the Committee on the Elimination of Discrimination against Women (CEDAW/C/NOR/CO/9, para. 23 (c));
(b) Research and develop specific measures on how to address the particular difficulties and discrimination faced by many children with an immigrant background, and train teachers accordingly, and include the results of the ongoing survey on the living conditions of Norwegian-born children of immigrant parents in its seventh periodic report to the Committee;
(c) Develop a new plan of action for promoting gender equality and preventing ethnic discrimination;
(d) Take awareness-raising measures to foster tolerance and openness about non-conformity with gender stereotypes and the harmful effects of social pressure, targeting the public at large, in addition to awareness-raising campaigns specifically targeting children.”
“The Committee welcomes the efforts made by the State party to adopt a human rights approach to disability and to strengthen the social inclusion of children with disabilities, including through the clause in the Equality and Anti-Discrimination Act to expand the universal design obligation to information and communications technology in the education sector. With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Further increase its efforts to combat violence against and abuse and neglect of children with disabilities, including through research on the forms and frequency of violence that children with disabilities are subjected to, and ensure that children with disabilities, in particular those with intellectual disabilities, have accessible and suitable reporting channels at their disposal;
(b) Ensure that all cases of violence, including sexual violence, against children with disabilities, are systematically registered by the authorities, and that child victims have adequate access to redress and rehabilitation measures and support services;
(c) Further strengthen efforts to prevent institutionalization and eliminate the possibility of institutionalization without the consent of the child and/or the child’s parents;
(d) Ensure, in the light of the outcome of the report of 1 April 2018 on inclusive education by the expert group for children and young people who need special adaptation, that inclusive education becomes more inclusive, more adapted to the needs of children with disabilities and obtains better results, with higher quality;
(e) Ensure that inclusion is given priority over placement in special education institutions or classes, increase the training and assignment of specialized teachers and professionals providing individual support in inclusive classes and improve the physical accessibility of schools;
(f) Further increase the support provided to parents of children with disabilities and remove obstacles to accessing support, which, reportedly, affect in particular children from families of ethnic minority groups, and eliminate the disparities among municipalities with regard to the provision of personal assistance.”
“In the light of the Committee’s general comment No. 1 (2001) on the aims of education, and target 4.7 of the Sustainable Development Goals on ensuring that all learners acquire the knowledge and skills needed to promote sustainable development, the Committee recommends that the State party:
(a) Increase its efforts to implement a zero-tolerance approach to discrimination on the grounds of race, migration status, sexual orientation or gender identity in the school context and expand the scope of that approach to include private schools and by ensuring recurrent training for all school staff members on equality and gender identity and addressing all forms of discrimination, as well as civic instruction for students on the importance and methods of combating and reporting instances of discrimination. The State party should also develop a new plan of action for promoting gender equality and preventing discrimination on the ground of ethnicity;
(b) Continue its efforts to combat bullying and raise awareness of its harmful effects, with particular emphasis on the prevention of cyberbullying and on how children can defend themselves against cyberbullying, introduce mandatory elements into school curricula at all education levels on tolerance for diversity, non-violent conflict resolution skills and the judicious and safe use of the Internet, further build the capacity of teachers and school personnel in that regard and ensure that schools conduct special information sessions for parents on those issues.”
“With reference to its general comment No. 11 (2009) on indigenous children and their rights under the Convention, the Committee recommends that the State party:
(a) Enforce the right of all Sami children of school age to Sami-language education and ensure that the new Education Act significantly strengthens their rights, regardless of their residency status;
(b) Undertake research on violence against and sexual abuse of children among the Sami population, develop specific intervention measures and ensure that the perpetrators of such crimes against Sami children are brought to justice;
(c) Increase its efforts to combat discrimination, hate speech and violence against Sami children, Roma children and children from other minority groups, including specific measures to combat the intersecting and multiple forms of gender-based discrimination that affect girls from minority groups and take measures to increase knowledge about indigenous and minority groups and their rights among the general public.”
(29 January 2010, CRC/C/NOR/CO/4 Advance Unedited Version, Concluding observations on fourth report, paras. 48, 49, 60 and 61)
“The Committee takes note of the State party’s policy to achieve young children’s full attendance of a kindergarten of high quality, but is concerned that children with immigrant backgrounds are underrepresented despite an earmarked grant for the inclusion of newly arrived young refugee children. The Committee is further concerned that a number of municipalities do not follow the new curricula in basic Norwegian and mother tongue, which has a negative impact on the whole school career of children....
“The Committee ... recommends that the State party urgently advise municipalities to introduce the new language curricula in their schools so that children can better follow class instruction and that it take measures to ensure that children complete their schooling, with a particular focus on groups that traditionally do not have a good completion rates....
“The Committee welcomes efforts by the State party to ensure the rights of minority and indigenous children....
“The Committee recommends that the State party make every effort to ensure that children from ethnic minority backgrounds and indigenous children have equal access to all children’s rights, including access to welfare, health services and schools....”
(21 September 2005, CRC/C/15/Add.263, Concluding observations on third report, para. 18)
“Despite the ongoing measures of the State party in this area, the Committee is concerned about the discrimination faced by some children in schools and society on the basis of their religious or ethnic backgrounds.”
Nuie
(26 June 2013, CRC/C/NIU/CO/1 and CRC/C/NIU/1/Add.1, Concluding observations on the initial report, paras. 22, 23, 24, 25, 34, 35, 49, 50, 59, 60, 63, 64)
“The Committee is concerned that the State party does not have a clearly defined age of majority. It further expresses concern that the minimum age of marriage for girls is 15 years.”
“The Committee recommends that the State Party establish the age of majority and raise the age of marriage for girls to 18 years.”
“The Committee is deeply concerned that there is no explicit prohibition of discrimination in the Constitution and other laws and, that children, particularly girls, children with disabilities, children born out of wedlock, adopted children and migrant children are discriminated in laws and in practice. The Committee is particularly concerned that girls, children born out of wedlock and adopted children do not have the same right to inherit family land as other children and that migrant children are often discriminated in the enjoyment of their rights to education, health and social security.”
“The Committee urges the State party to explicitly prohibit all forms of discrimination and repeal all legislation in respect of discrimination against girls, children with disabilities, children born out of wedlock, adopted children and migrant children. The Committee also recommends that the State party take active measures to ensure the full realization of the principle of non-discrimination in practice and to bring about change in discriminatory social attitude s towards children.”
“…The Committee is furthermore concerned that corporal punishment is still commonly practised in schools and in the home and that violent punishment, mockery, ridicule, public humiliation and verbal abuse of children are widely accepted as valid forms of discipline.”
“In the light of its general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8 , 2007), the Committee urges that the State party:
(a) Ensure that corporal punishment is explicitly prohibited in the home, schools and any other settings, including through explicit repeal of the common - law defence of reasonable chastisement ;
(b) Introduce public education on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice ; and promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment;…”
“The Committee welcomes the measures taken by the State party, such as the adoption of the Niue National Policy on Disability (2011) as well as the off-island care in New Zealand given to children with physical disabilities, and welfare benefits given to children with disabilities. The Committee, however, expresses concern that:
(a)The Niue Act utilizes derogatory language identifying girls with disabilities as “idiots, imbeciles or of unsound mind”;
(b)Criminal sanctions for sexual violence committed against children with disabilities are lesser, compared to sexual violence committed against children without disabilities; and
(c)There is a lack of professionals trained to support children with disabilities, sufficient means are lacking for early detection of children with disabilities, and the statistics and information provided by the State party are not consistent with regard to the situation of children with disabilities.”
“Recalling its general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9 and Corr.1, 2006), the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that the State party:
(a) Review without delay all disability-related laws and policies with a view to fully protecting the rights of children with disabilities , expunge the derogatory language and repeal all derogatory and discriminatory provisions against children with disabilities from the Niue Act;
(b) Immediately repeal legal provisions which provide for lower sanctions for sexual crimes committed against children with disabilities;
(c) Train professionals to work with children with disabilities, particularly those with intellectual and learning disabilities, take all necessary measures for early detection of children with disabilities , facilitate the ir rehabilitation, update statistics and information on the situation of children with disabilities in the next periodic report, and in so doing, seek technical and financial assistance and resources from, inter alia, UNICEF and the World Health Organization (WHO).”
“The Committee welcomes the fact that education is free and compulsory from the age of 3 years and 9 months up to 16 years, and schools take initiatives to encourage students to stay in school. The Committee, however, is concerned that:
(a)The Education Act is currently being reviewed with the implication of lowering the age of completing compulsory education;
(b)With no established minimum age of labour, children may run the risk of leaving school before the completion of school, and the minimum age for marriage for girls (15 years) is lower than the age for compulsory education (16 years);…”
“The Committee recommends that the State party:
(a) Ensure that the completion age of compulsory education is not lowered under any circumstance ;
(b) Establish the minimum age of labour and strengthen the measures of retaining children , particularly girls, at school until the completion of compulsory education;…”
“The Committee notes that employment of a child under the age of 16 years is prohibited in the public sector and that children help their families in their farming, fishing and other businesses. However, the Committee is concerned at the information given by the State party that the minimum age for labour has not been established and that there is no legal protection for working children and no mechanism put in place to monitor the working conditions and overall situation of working children. The Committee also regrets the lack of clear information on the situation of child labour in the State party.”
“The Committee recommends that the State party provide legal protection to children from labour exploitation and , in particular , adopt legal provisions providing for a clear definition of minimum age for labour and take measures for monitoring the working conditions and situation of working child ren . The Committee also encourages the State party to seek technical assistance from international organizations, inter alia , the International Labour Organization ( ILO ) and UNICEF, in this regard.”
O
Oman
(6 March 2023 CRC/C/OMN/CO/5-6 Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, para. 30.) - 92nd session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: children with disabilities.”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention , the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography , throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals, including in the implementation of Oman Vision 2040 and the associated five - year plans, as far as they concern children .”
(14th March 2016, CRC/C/OMN/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 25, 26, 47, 48, 57, 58) - 71st Session
“The Committee welcomes the information concerning measures to ensure that the birth of a child out of wedlock is registered and that the child is provided with a four-part name and attached to a particular tribe. The Committee also notes the efforts of the State party to ensure that children with disabilities are protected from discriminatory treatment, including through the promulgation of the Care and Rehabilitation of the Disabled Act. However, the Committee remains concerned that both de jure and de facto discrimination of girls, children born out of wedlock, children with disabilities and children of migrant workers, especially with respect to access to social and health services and equal education opportunities, continues to be problematic in the State party.”
“The Committee recommends that the State party ensure that all children enjoy equal rights under the Convention without discrimination, either de jure or de facto. The Committee also recommends that the State party intensify efforts to ensure the effective elimination of any form of discrimination against those and other groups of children in marginalized situations and that it do so through, among other things, awareness-raising programmes, including campaigns, and education, especially in schools and at the community level. The Committee further recommends that the State party review national legislation to ensure that it is fully in line with the Convention, in particular with respect to children born out of wedlock and children of migrant workers in both regular and irregular situations.”
“The Committee notes that the State party is developing a strategy on children with disabilities, which includes a database. It welcomes the information that the State party has established the National Committee for the Care of Persons with Disabilities and has given it a mandate to coordinate and strengthen programmes for the prevention of all types of disability and to provide training programmes for the rehabilitation and inclusion of persons with disabilities, including children, into society. It also welcomes the information that the State party has implemented a number of programmes to promote, in each governorate, the access of children with disabilities to health, education and social services, including rehabilitation programmes, family support and other initiatives. However, the Committee is concerned about:
(a) The fact that the necessary national strategy on persons with disabilities has not yet been adopted;
(b) The low number of children with disabilities enrolled in schools, and the high illiteracy rate among children with disabilities;
(c) The insufficient mainstreaming of children with disabilities in the regular school environment, insufficient accessibility, and inadequate budgetary allocations for these purposes;
(d) The lack of adequate schools, residential facilities and care and rehabilitation centres for children with disabilities, especially in rural areas;
(e) Teaching methodologies that are inadequate for allowing children with disabilities to reach their full potential, inadequate training for teachers regarding inclusive education, and the insufficient number of teachers trained in special education and of personnel for rehabilitation services;
(f) The fact that children with disabilities are subjected to discrimination, neglect and abuse, and are not effectively integrated into all areas of social life.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and set up a comprehensive strategy for the inclusion of children with disabilities, and in particular to:
(a) Continue to strengthen the legislative and policy framework and strengthen efforts to coordinate laws and policies for the promotion and protection of the rights of children with disabilities at the national level, including the adoption and implementation of a national plan for the care of children with disabilities;
(b) Ensure that schools are accessible and adequately staffed and funded, that children with disabilities are treated with dignity and respect and that they benefit from effective school inclusion programmes;
(c) Increase the number of schools, residential facilities and care and rehabilitation centres for children with disabilities, especially in rural areas;
(d) Ensure that continuing training is provided for professionals working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel, that guidelines and training materials are developed, and that monitoring mechanisms are in place regarding the performance of care providers;
(e) Undertake sustained public awareness campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of such children;
(f) Take all measures necessary to ensure that children with disabilities are fully integrated into all areas of social life, including education, sports and leisure activities, and that facilities and other public areas are accessible to children with disabilities.”
“The Committee commends the State party for the rapid expansion of the national education programme, the increase in the number of schools in the State party, the improvements in the enrolment rates at all levels, especially for girls, and literacy rates overall. However, the Committee is concerned about:
(a) The fact that access to education for children in situations of vulnerability remains limited;
(b) The number of children dropping out of school, including at the primary level, despite various support measures designed to promote regular attendance;
(c) The low level of integrated early childhood care and education, specifically for children up to three years old.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Continue to improve accessibility and the quality of education for all children, and provide quality training for teachers, with a particular emphasis on girls, minority children, children of nomadic peoples, children living in rural areas, children in situations of poverty and children of migrant workers;
(b) Strengthen efforts to reduce the premature dropout rate, including by addressing the reasons behind the non-completion of schooling, and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school;
(c) Allocate sufficient financial resources to the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and education services.”
(29 September 2006, CRC/C/OMN/CO/2, Concluding observations on second report, paras. 24, 25, 26, 43, 44, 55 and 56) - 43rd session
“While noting that the Basic Law of the State and other domestic laws are based on the principle of non-discrimination and that the State party has taken measures to promote the principle of equality between women and men, particularly in the domain of civil and labour laws, the Committee is concerned about the weak implementation of these laws and the persisting de facto discrimination against women and girls in Omani society. Despite the ongoing efforts of the State party to provide equal opportunities for children with disabilities, including through community-based support and services, the Committee notes that the traditional charity-based welfare approach to address the issue of children with disabilities still prevails.... As regards the high number of children of migrant workers in Oman, the Committee is concerned about discrimination on the basis of national origin in terms [of] social benefits, health, education and housing.
“The Committee recommends that the State party, by effectively implementing the existing laws which guarantee the principle of non-discrimination, make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention. The Committee recommends that the State party adopt a proactive and comprehensive strategy to eliminate de facto discrimination on any grounds and against all children, paying particular attention to girls, children with disabilities, children born out of wedlock and children of migrant workers, and prioritize social and health services and equal opportunities to education and recreational activities for children belonging to the most vulnerable groups. The Committee also encourages the State party to create a supportive gender sensitive environment which promotes the equal rights of girls to participate in the family, at school, within other institutions, in local communities and in society in general.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking into account the Committee’s general comment No. 1 (2001) on the aims of education (art. 29(1)).
“... The Committee ... notes with concern that the service provision for children with disabilities is limited and not yet standardized and that a very limited number of children with disabilities is included in the mainstream education.
“The Committee recommends that, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (CRC/C/69, paras. 310-339), the State party: ...
d) provide all children with disabilities with access to adequate social and health services, including community-based support and services, inclusive quality education, the physical environment, information and communication, and continue its efforts to standardize the service provision.
“While noting with appreciation that the State party provides free primary school education for all children, including non-citizen children, the Committee reiterates its concern that primary education is not yet made compulsory by law. The Committee notes as a positive factor that girls and boys have equal enrolment in primary education but it regrets that not all children are enrolled in school and that not all enrolled children complete a full course of primary education....
“In the light of articles 28 and 29 of the Convention and taking into account the Committee’s general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to:
a) ensure that primary education is made compulsory by law and that all children are enrolled in school....”
P
Pakistan
(11th July 2016, CRC/C/PAK/CO/5, Concluding observations on the fifth periodic report, paras 18, 19, 30, 31, 45, 46, 61, 62, 65, 66, 67, 68, 73 and 74)
“The Committee remains extremely concerned about:
(a) Serious discrimination against girls in the State party and the persistent gender disparity in infant mortality rates and school enrolment rates, the persistence of early marriages and exchanges of girls for debt settlement, as well as domestic violence targeting girls;
(b) The status of girls under sharia law, whereby, for example, girls are entitled to only half of the inheritance provided to boys;
(c) Widespread discrimination against children belonging to religious and ethnic minorities, children with disabilities, children born out of wedlock, children living in poverty, children from Dalit communities, children living in rural or remote areas and lesbian, gay, bisexual and transgender children.”
“The Committee urges the State party to take concrete measures to address and reduce the serious gender disparities and discrimination against girls prevailing throughout the State party. In particular, the Committee recommends that the State party take effective measures to review its legislation and practices in order to eliminate any gender disparities in entitlements through the implementation of comprehensive public education and awareness-raising programmes to combat and prevent discrimination against girls, aimed at local authorities, religious leaders, judges and prosecutors, and to inform children, especially girls, about their rights under the Convention. Furthermore, the Committee reiterates its previous recommendation that the State party take all appropriate measures, such as comprehensive public education programmes, to combat and prevent discrimination and negative societal attitudes and mobilize political, religious and community leaders to support efforts to eradicate traditional practices and attitudes that discriminate against children belonging to religious or other minority groups, children with disabilities, children living in poverty, children from Dalit communities, children living in rural or remote areas and lesbian, gay, bisexual and transgender children.”
“The Committee is seriously concerned about the limited freedom of religion in the State party, the sectarian violence targeting children from religious minorities, such as Shia Muslims, Hindus, Christians and Ahmadis, and forced conversions. It is particularly concerned about the blasphemy laws that incur heavy penalties, including the death penalty, for “tainting” the Koran and insulting the Prophet Mohammed, and which are vaguely defined and frequently misused. Furthermore, the Committee is concerned at reports that religious intolerance is taught in schools, that non-Muslim students are forced to complete Islamic studies, and that some school textbooks include derogatory statements about religious minorities.”
“The Committee urges the State party to:
(a) Protect the freedom of religion of all children, including Shia Muslim, Hindu, Christian and Ahmadi children, and ensure that children are able to choose their religion, or not to profess any religion at all, including in schools;
(b) Review and repeal its blasphemy laws to avoid their misuse or misinterpretation and ensure that children under the age of 18 years are exempt from criminal responsibility for such crimes;
(c) Remove all derogatory statements about religious minorities from school textbooks and promote the teaching of tolerance, non-discrimination and human rights.”
“The Committee is seriously concerned about reports of the frequent abandonment of children with disabilities due to their widespread stigmatization by society. While noting the State party’s intention to provide inclusive education, it is concerned that large numbers of children with disabilities living in the State party have no access to education. It is also concerned that special education centres, attended by a small proportion (reportedly 0.04 per cent) of children with slight disabilities, do not meet the needs of those children and are totally absent in rural areas. The Committee is further concerned that the accessibility of schools, hospitals and the recreational infrastructure is limited for children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Prevent and protect children with disabilities from abandonment by providing appropriate assistance and guidance to families with children with disabilities and implement awareness-raising campaigns aimed at government officials, the general public and families to combat the stigmatization of and prejudice against children with disabilities and to promote a positive image of such children;
(b) Encourage and ensure that all children with disabilities have access to inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(c) Improve the infrastructure and facilities of schools, health-care centres and public buildings in order to provide barrier-free access to children with disabilities throughout the country;
(d) Organize the collection of data on children with disabilities and establish an efficient system for diagnosing disability, in order to put in place appropriate policies and programmes for children with disabilities.”
“The Committee welcomes the Millennium Development Goal Acceleration Programme of 2013, which focuses on out of school children and the school infrastructure. However, it is concerned about:
(a) The lack of a compulsory education law in Khyber Pakhtunkhwa and Gilgit-Baltistan, and poor enforcement of education laws in provinces where they do exist;
(b) The large number of children (47.3 per cent of all children aged 5 to 16 years) not in formal education, of which the majority have never attended any school;
(c) The high dropout rate for girls, which reportedly is as high as 50 per cent in Balochistan and Khyber Pakhtunkhwa and 77 per cent in the Federally Administered Tribal Areas;
(d) Persistent, large-scale gender, regional and urban-rural disparities in the enrolment of children in schools;
(e) The poor school infrastructure of schools damaged by natural disasters or armed groups and the lack of basic necessities, such as drinking water, toilets, electricity and walls;
(f) The poor quality of education due to a shortage of qualified teachers and teacher absenteeism, among other reasons, as well as curricula content and teaching methods that promote gender-based and religious discrimination;
(g) Large numbers of attacks on schools, especially secular and girls’ schools, during the reporting period, including the targeted killing of teachers and the use of school buildings by armed groups;
(h) The privatization of education, with a lack of measures to ensure the compliance of private schools with minimum educational standards, curriculum requirements and qualifications for teachers;
(i) Limited and inadequate preschool education.”
“In the light of its general comment No. 1 (2001) on the aims of education and taking note of Sustainable Development Goal 4, the Committee recommends that the State party:
(a) Ensure universal, free and compulsory primary education for all children in the country by adopting relevant laws and policies at the national, provincial and territorial levels;
(b) Prevent children from dropping out of school, including by facilitating access to schools and providing financial support to children from disadvantaged families, and emphasize the importance of education for girls by overcoming deeply rooted attitudes favouring boys and their well-being;
(c) Raise awareness and encourage communities and parents in particular to enrol children, especially girls and children living in underrepresented provinces and rural areas, in school;
(d) Prioritize the construction and reconstruction of school infrastructure, especially in schools affected by natural disasters or conflict, and allocate sufficient resources to provide basic necessities, including drinking water, toilets and heating;
(e) Improve the quality of education and provide quality training and incentives for teachers, with a particular emphasis on rural areas, and ensure that curricula and teaching methods are monitored, in order to prevent unlawful teaching content or behaviour;
(f) Take measures to protect schools, in particular secular and girls’ schools, and prevent possible attacks, including those targeted at teachers, and the occupation of schools by armed groups;
(g) Prevent the privatization of schools and establish mechanisms to monitor the compliance of private schools with minimum educational standards, curriculum requirements and qualifications for teachers;
(h) Allocate sufficient financial resources for the development and expansion of early childhood care and education, on the basis of a comprehensive and holistic policy covering early childhood care and development.”
“Although the Committee appreciates that the State party continues to host a large number of refugees, especially from Afghanistan, it regrets the lack of a legal framework for refugees and stateless persons. It also remains concerned that refugee children are often unregistered (especially those whose parents do not hold proof of registration cards), have no access to education, which forces them to join madrasas, live in harsh conditions and are subjected to child labour and early marriages, making them easy targets for abuse, trafficking and religious radicalization. Furthermore, the Committee is concerned that children from Bengali, Bihari and Rohingya communities remain stateless.”
“The Committee recommends that the State party take all necessary measures to:
(a) Consider adopting a national refugee law in accordance with international standards and continue to host refugees, especially families with children and unaccompanied children;
(b) Ensure that all children born to refugees, including those who do not hold proof of registration cards, asylum seekers and stateless persons, are registered at birth;
(c) Integrate refugee and asylum-seeking children into national and provincial education systems on equal terms with nationals of the State party;
(d) Provide refugees, in particular families with children, with adequate housing and provide shelter to those who live in the streets;
(e) Enforce legal measures against child and bonded labour involving refugee, asylum-seeking and stateless children;
(f) Prevent and protect refugee, asylum-seeking and stateless children from falling victim to early marriage, abuse, trafficking or religious radicalization;
(g) Ensure the equal implementation of its citizenship laws with a view to extending citizenship to Bengali, Bihari and Rohingya children;
(h) Consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.”
“The Committee notes that, since its previous concluding observations in 2009, the internal displacement of children has not ceased. It continues to take place as a result of natural disasters and ongoing law enforcement operations. The Committee is concerned that the State party has not taken sufficient measures to prepare a contingency plan and that many internally displaced children and their families live in harsh conditions with no access to shelter, sanitation and health-care or education services. The Committee is also seriously concerned about reports of sexual abuse, harassment, abduction and trafficking of internally displaced children following each emergency and the lack of measures to provide them with adequate security.”
“The Committee, recalling its previous concluding observations, recommends that the State party:
(a) Pursue efforts to address the immediate humanitarian needs and protect the human rights of internally displaced children in the country;
(b) Take all necessary precautions and adapt its military tactics to limit civilian casualties in military operations;
(c) Ensure that displaced children are provided with shelter, food, sanitation, health care and education, as well as with physical and psychological rehabilitation services, paying specific attention to particularly vulnerable groups, especially unaccompanied and separated children, children with disabilities and children suffering from malnutrition and disease;
(d) Take special measures to protect internally displaced children from sexual abuse, harassment, abduction and trafficking following any emergency situation.”
“The Committee is alarmed by reports that a large number of children live in street situations and are deprived of their basic rights, including access to health care, education and shelter, and are subjected to hazardous forms of labour, sexual exploitation, abuse and trafficking. It is also concerned that children living or working on the streets, or whose parents are in conflict with the law, are often dealt with by the police rather than trained staff in child protection centres.”
“The Committee reiterates its previous recommendation that the State party:
(a) Carry out a systematic assessment of children in street situations in order to develop and implement a comprehensive strategy, which should address the root causes of the problem, in order to prevent children from leaving families and schools for the streets;
(b) Ensure that children in street situations are provided with adequate protection and assistance, nutrition and shelter, as well as health care and educational opportunities, in order to support their full developme
(c) Respect the right of children in street situations to be heard when developing programmes and measures designed to protect and assist them.”
(15 October 2009, CRC/C/PAK/CO/3-4, Concluding observations on third/fourth report, paras. 28, 29, 58, 59, 78, 79, 82, 83, 84 and 85)
“The Committee remains extremely concerned at the evidence of serious discrimination against women and girls in the State party, as attested by the acute gender differentials in infant mortality rates and school enrolment rates.... The Committee regrets that despite similar concerns expressed by the Committee in its previous concluding observations (CRC/C/15/Add.217) and by the Committee on the Elimination of Discrimination against Women (CEDAW/C/PAK/CO/3) in 2007, there seems to be little or no improvement in the country.
“The Committee strongly recommends that concrete measures be taken to address and reduce the serious gender disparities and discrimination against women and girls prevailing throughout the State party. In particular, the Committee recommends that the State party: ...
b) revise the cash transfer programmes, notably the Benazir Income Support Programme, to ensure that it clearly spells out the conditionalities for cash transfers regarding school enrolment of girls, women attending prenatal and post-natal clinics and others;
c) adopt affirmative actions to overcome deeply rooted traditions which prioritize boys’ education and support and to encourage families to invest in girls’ education, including through scholarships, transportation and conditional cash transfers....
“The Committee notes that the traditional charity-based welfare approach to addressing the needs of children with disabilities prevails. It acknowledges that the Pakistani National Plan of Action for Children 2006 covers children with disabilities and welcomes the pilot project for integrated education of children with disabilities involving 14 schools in the country, although its scope is still limited. The Committee is concerned about the very limited basic services supporting children with disabilities and at their limited access to education....
“The Committee recommends that the State party: ...
b) improve the physical access of children with disabilities to public service buildings, including schools and recreational infrastructures;
c) strengthen efforts to ensure an inclusive education and to increase the school attendance of children with special needs and focus on day-care services for these children in order to prevent their institutionalization; ...
f) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol; ...
h) take into account article 23 of the Convention on the Rights of the Child, the Committee’s general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), as well as the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96).
“The Committee welcomes the National Plan of Action on Education for All (2001–2015), the Education Sector Reforms Action Plan (2002–2006) aimed at providing adequate facilities to Government schools and quality education, as well as the efforts made to increase enrolment and reduce gender disparities and dropout rates. It regrets, however, that the results of these efforts have been unsatisfactory and remains concerned that: ...
c) the net enrolment rate in primary education remains unacceptably low at 73 per cent for boys and 57 per cent for girls in 2006; gender, regional and urban-rural disparities remain very high and enrolment in primary education is limited to children up to 10 years old....
“The Committee recommends that the State party: ...
b) set up clear implementation plans for achieving universal free primary education by 2015 by raising the age of compulsory education to the minimum age for admission to employment, ... giving special attention to the enrolment of all girls and children affected by the armed conflict, including internally displaced and refugee children;
c) reduce the number of children dropping out of school by, inter alia, ... highlighting the value of girls’ education; ...
“... The Committee remains concerned, however, at the harsh living conditions in refugee camps, where a large number of children live, and at the lack of access to health services, education and basic services such as water and sanitation.…
“The Committee recommends that the State party:
b) ... ensure that refugee children have access to basic services without discrimination, including health care and education....
“... The Committee notes with concern that internally displaced children in the State party are facing serious socio-economic deprivation, especially limited access to shelter, sanitation, health care and education....
“The Committee recommends that the State party, with the assistance of the United Nations and NGOs: ...
c) ensure that displaced children are provided with shelter, nutrition, sanitation, health care and education, as well as with physical and psychological recovery, and pay special attention to particularly vulnerable groups, especially unaccompanied and separated children, children with disabilities, and children suffering from malnutrition and diseases.”
(27 October 2003, CRC/C/15/Add.217, Concluding observations on second report, paras. 29, 31, 50, 51, 60, 63 and 66)
“While acknowledging the actions taken to address discrimination against girls in education, the Committee is concerned at the persistence of discriminatory social attitudes and discrimination against minority children and against girls, early and forced marriages, low school enrolment and high dropout rates, honour killings, mutilation and violence....
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking account of general comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“While being aware of the 49 special education centres and disabled-friendly cities initiatives, the Committee remains concerned at the limited integration of children with disabilities in schools, social events and cultural activities and at the low level of support received by these children and their families.
“In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party continue and strengthen its efforts to integrate children with disabilities into education and recreational programmes currently used by children without disabilities, notably through the improvement of the physical access of children with disabilities to public service buildings, including schools.
“The Committee welcomes the measures taken to increase the attendance of girls at schools and the information that a national “Compulsory Primary Education Ordinance” has been promulgated (March 2002), and also notes the modest improvement in the gross primary enrolment rate. However, the Committee remains deeply concerned that: ...
e) gender and geographical disparities remain very high....
“The Committee recommends that the State party: ...
d) continue and strengthen its efforts to ensure that all children have equal access to educational opportunities, with a view to eliminating the prevailing disparities between girls and boys as well as between urban and rural areas....
“The Committee recommends that the State party: ...
c) ensure that refugee children have access to health care and education and are not discriminated against....”
Palau
(28th February 2018, CRC/C/PLW/CO/2, Concluding observations on the second periodic report, paras 20, 21, 38, 39, 50 and 51) - 77th Session
“The Committee is concerned that the Constitution does not explicitly prohibit discrimination based on sexual orientation and gender identity and that girls, children with disabilities and children of non-Palauan descent are subject to discrimination and are more exposed to exclusion.”
“The Committee recalls its previous concluding observations (see CRC/C/15/Add.149, para. 33) and recommends that the State party:
(a) Ensure that children with disabilities and girls have equal access to education, health care, employment and a decent standard of living;
(b) Revise the Constitution to explicitly prohibit discrimination on the basis of sexual orientation and gender identity and align other laws in that regard to ensure that discrimination on those grounds is prohibited;
(c) Take legislative measures to ensure that children of non-Palauan parentage, including children of immigrant families and children adopted through intercountry adoptions, are afforded the same rights and access to health, education and social services as Palauan children.”
“The Committee notes with appreciation the draft disability policy and the fact that the Palau severely disabled funds programme increased the size of monthly assistance payments to beneficiaries, including children. However, the Committee is seriously concerned at:
(a) The fact that the disability policy has not been finalized or implemented;
(b) The limited access of children with disabilities to inclusive education, health care, transportation and all buildings and spaces and at the situation regarding service delivery in all areas, especially in rural schools and communities;
(c) The limited access to rehabilitation, early identification and referral programmes and at the limited nature of funding and technical support for service providers.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities and taking note of Sustainable Development Goals 3, 4, 10 and 11, the Committee urges the State party to:
(a) Strengthen the legislative framework to ensure that children with disabilities have effective access to public services and spaces and improve physical access to all public and private buildings, spaces, service delivery and transportation in all areas, especially in rural communities and on the outer islands;
(b) Ensure that teaching staff are adequately trained, so that children with all types of disabilities can effectively enjoy their right to quality inclusive education, including through international cooperation;
(c) Strengthen health-care services for children with disabilities, including case referral, early detection and early intervention;
(d) Provide technical support to service providers and to families of children with disabilities and increased financial support to families of children with disabilities.”
“The Committee notes with appreciation the implementation of the student tracking system to address school dropout, the funding provided for teacher education, the promotion of physical health through healthy food and sports activities and the draft Education Master Plan 2017–2026. However, the Committee is concerned at:
(a) Gender gaps at the primary school level, with unequal opportunities for girls with regard to enrolment in private schools;
(b) The absence of information on the rate of inclusion of children with disabilities in mainstream schools;
(c) The lack of qualified teachers in primary schools;
(d) The lack of specific provision for programmes on the right to play and to leisure and at the lack of sports activities and safe playgrounds for children.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations, the Committee recommends that the State party:
(a) Analyse the root causes of the unequal opportunities for girls with regard to enrolment in private primary schools and take appropriate action to remedy the situation;
(b) Collect data on the rate of enrolment of children with disabilities in mainstream schools and strengthen the promotion of inclusive education through the provision of appropriate assistive devices in schools and specialized training for teachers, including through international cooperation;
(c) Strengthen pre-service and in-service training for primary school teachers and consider creative incentives concerning the recruitment of more local teachers;
(d) Strengthen the promotion of the right to play and to leisure, including through the provision of safe playgrounds and physical education and sports programmes in schools.”
Panama
(28th February 2018, CRC/C/PAN/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 15, 16, 28, 30, 31 and 33) - 77th Session
“The Committee reiterates its concern (see CRC/C/PAN/CO/3-4, para. 33) at the continued disparities affecting Afro-Panamanian and indigenous children and children with disabilities with regard to access to health care, education and other basic services, as is made evident by their higher rates of infant mortality, especially due to preventable diseases, and of malnutrition, maternal mortality and school dropout. It is also seriously concerned at discrimination by police and other security forces against Afro-Panamanian children living in marginalized urban neighbourhoods, who are wrongly perceived as potential delinquents, as a result of such measures as curfews for children and mass media campaigns linking adolescents to alleged increases in criminality.”
“The Committee recalls its previous concluding observations (see CRC/C/PAN/CO/3-4, para. 34) and recommends, in line with its general comment No. 20 (2016) on the implementation of the rights of the child during adolescence, that the State party allocate adequate human, technical and financial resources for the implementation of the inter-agency strategic plan for young people 2015–2019, disseminate this plan, and reinforce measures to:
(a) Encourage the development of a code of conduct for media personnel and journalists, and strengthen their capacities to promote the coverage of adolescents as rights holders;
(b) Guarantee continuous monitoring of the depiction of children and adolescents in the media, by the Observatory for the Rights of Children and Young Persons and the National Council of Journalism;
(c) Take all measures to combat the negative association of Afro-Panamanian and other adolescents with crime, including negative stereotyping based on age and ethnicity, and, in particular, reinforce training of police officers on the rights of all children;
(d) Ensure that all cases of discrimination against children are addressed effectively, including by disseminating accessible information about what constitutes discrimination, establish disciplinary, administrative or, if necessary, penal sanctions, and guarantee children’s access to psychosocial and legal counselling in cases of discrimination;
(e) Raise awareness of the fact that adolescents are rights holders, including through campaigns that are designed with the full participation of adolescents and are disseminated through the mass media. Focus especially on children and adolescents from Afro-Panamanian and indigenous communities, pregnant girls, children with disabilities, children with HIV/AIDS, lesbian, gay, bisexual, transgender and intersex children, refugee and asylum-seeking children and other groups of children in marginalized situations, through such campaigns.”
“Welcoming the adoption of the National Strategic Plan 2015–2019 on the subject of disability, the Committee recommends, with reference to its general comment No. 9 (2006) on the rights of children with disabilities, that the State party:
(a) Reinforce measures to develop inclusive education, including by allocating adequate financial resources for their implementation, increasing the number of trained and assigned specialized teachers and professionals in inclusive classes in rural and indigenous areas, and ensuring that inclusive education is given priority over the placement of children in specialized institutions and classes…
(f) Reinforce the advocacy for a rights-based approach for the promotion of services for children with disabilities through all State policies and programmes.”
“The Committee is concerned at the suspension of the debate in the National Assembly on bill No. 61, which called for policies on comprehensive education, health care and health promotion, especially with regard to sexual and reproductive health. It is highly concerned about the absence of specific education on sexual and reproductive health in schools… It is also concerned about the high numbers of pregnant girls dropping out of school…”
“With reference to its general comment No. 4 (2003) on adolescent health and development in the context of the Convention, the Committee recommends that the State party…
(b) Adopt a comprehensive gender-sensitive communication strategy on sexual and reproductive health targeting adolescents, parents and society at large, and provide free, confidential, adolescent-responsive and non-discriminatory information on sexuality and reproduction, both online and in person, paying special attention to preventing early pregnancy and sexually transmitted infections…
(e) Decriminalize abortion in all cases, ensure that girls have access to safe abortion and post-abortion services, and review legislation to safeguard the best interests of pregnant girls and ensure that their views are always heard and are given due consideration in abortion-related decisions…”
“The Committee is concerned about:
(a) Slow progress in educational coverage at the preschool and basic levels, especially the recent regression in participation in primary school and the general increase in the school dropout rate;
(b) Very low enrolment rates of indigenous children in education, especially in secondary and higher education;
(c) Family income remaining a determining factor in school dropout;
(d) The current budget allocation resulting in a reduction in the qualification level of teachers and in insufficient educational infrastructure.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals which aims to ensure that all girls and boys complete free, equitable and quality primary and secondary education, the Committee recommends that the State party:
(a) Reinforce efforts to increase the coverage and quality of educational services at all levels, and of comprehensive early childhood services;
(b) Further strengthen and allocate adequate resources to the Bilingual Intercultural Educational Programme and the My School First programme to improve the participation of indigenous children in education;
(c) Strengthen and systematize measures to address school dropout at all levels, taking into consideration the particular reasons for such dropout;
(d) Allocate additional resources to the educational sector to improve the quality of teaching, especially in indigenous and rural areas, and consider using the infrastructure budget, rather than the education budget, to pay for the much-needed infrastructural improvements.”
(21 December 2011, CRC/C/PAN/CO/3-4, Concluding observations: Panama, paras. 52 and 53)
“The Committee takes note of the State party efforts at realizing the rights of children with disabilities in equal terms as all other children. In this sense, it appreciates the inclusion of questions related to disability in the 2010 census and the implementation of its cash transfer programme (Red de Oportunidades) as well as the recently launched cash-transfer programme for families of people with disabilities (Angel Guardián), acknowledging the present need for social assistance policies of this nature. However, it is concerned that the State party is not allocating enough financial and human resources to policies that aim at changing the social structures in order to achieve an inclusive society for children with disabilities or the adoption of a comprehensive policy to provide reasonable accommodation allowing children with disabilities to enjoy their rights.
“The Committee recommends that the State party allocate sufficient resources to integrate the majority of children with disabilities into a system of inclusive education in regular schools. The Committee further recommends that the State party elaborate a comprehensive policy for people with disabilities, in such a way that all children with disabilities can access reasonable accommodations for the enjoyment of the rights enshrined in the Convention on the Rights of the Child.”
(30 June 2004, CRC/C/15/Add.233, Concluding observations on second report, paras. 23, 41, 42, 51, 52, 54, 63 and 64)
“The Committee is deeply concerned about the long-existing and grave disparities, inter alia, in the standard of living, access to basic social services like education, health, clean (drinkable) water and sanitation, and between different groups of the population, in particular those living in urban and rural areas. These hamper the enjoyment of rights, in particular by children in rural areas and indigenous children.
“The Committee welcomes the establishment of the National Council for Comprehensive Care of Disabled Minors and the executive decree establishing regulations for the inclusive education of individuals with special education needs. But it expresses concern about the lack of detailed statistical information, and that the children with disabilities living in indigenous rural areas do not have adequate access to services such as health and education. The Committee is also concerned at the lack of information on the integration of children with disabilities in different sectors such as education, sports and socio-cultural activities.
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (see CRC/C/69), ensure adequate collection of statistical information, pay special attention to children with disabilities in rural and indigenous areas and take all necessary measures to integrate children with disabilities in mainstream schools, social/cultural activities and sports.
“While noting the State party’s efforts to improve the educational system and noting with satisfaction the improvements mirrored in education indicators, the Committee remains concerned at the persisting disparities in access to education of vulnerable children, inter alia, children living in rural areas, indigenous children and refugee children, who do not have access to adequate education in terms of their cultural values and identity....
“The Committee recommends that the State party allocate financial and human resources in order: ...
c) to pay special attention to the needs of vulnerable children, e.g. girls, indigenous and refugee children, working and street children, in order to fulfil their basic right to education....
“The Committee reiterates its recommendation that the State party ensure adequate protection of refugee children, including in the fields of education, health and social services, and cooperate in a constructive and effective manner with UNHCR in this regard.
“The Committee, acknowledging the adoption of the new legislation creating three indigenous comarcas, remains concerned that lack of economic resources is an obstacle to developing specific programmes on education, health and social services for indigenous children. The Committee is also concerned about the preservation of the identity of indigenous children since bilingual education remains a challenge in indigenous areas and education lacks resources of all kinds.
“The Committee recommends that the State party take all necessary measures to ensure that indigenous children enjoy all their rights without discrimination, including equal access to culturally appropriate services including health, education, social services, housing, potable water and sanitation. The Committee also recommends that the State party, with the full participation of indigenous communities and children, develop public awareness campaigns, including through the mass media, to combat negative attitudes and misperceptions about indigenous children. The Committee also recommends that the State party pay particular attention to guarantee the preservation of the identity of indigenous and Afro-Panamanian children, e.g. by the implementation of the national plan to develop bilingual intercultural education.”
Papua New Guinea
(26 February 2004, CRC/C/15/Add.229, Concluding observations on initial report, paras. 45, 46, 53 and 54)
“The Committee is concerned ... that children with disabilities, in particular those in remote rural areas, have no access to social services, including rehabilitation and educational facilities.
“The Committee recommends that the State party: ...
b) formulate a strategy that includes appropriate teacher training to ensure that all children with disabilities have access to education, and, wherever possible, are integrated into the mainstream education system in the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on ‘The rights of children with disabilities’ (CRC/C/69, paras. 310-339).
“The Committee ... is concerned that enrolment, literacy and retention rates are still low, particularly in primary education, and that there is a significant disparity between the number of boys and girls in school....
“The Committee recommends that the State party continue to strengthen its efforts to complete the reform of its national education system and in particular to strengthen measures aimed at increasing enrolment and retention rates in primary and basic education, in particular for girls....”
Paraguay
“The Committee, in line with article 2 of the Convention, strongly recommends that the State party: ...
c) effectively guarantee the indigenous childrens’ services for health, nutrition, education, access to employment and cultural activities.
“The Committee welcomes different initiatives and efforts carried to ensure the rights of children with disabilities in the State party, including the ratification of the CRPD. Nevertheless, the Committee ... regrets that children with disabilities still continue to experience discrimination, that teachers are not properly trained to assist their needs and that there is a lack of collection of data concerning children with disabilities.
“The Committee recommends that the State party continue the measures to protect and promote the rights of children with disabilities, by taking into account the General Comment No. 9 (2006) (CRC/C/GC/9), on the rights of children with disabilities, art. 23 of the Convention, the Convention on the Rights of Persons with Disabilities as well as the Inter-American Convention on the Elimination of All Forms of Discrimination against persons with disabilities:
a) developing a policy and adopting a specific Plan of Action to provide health care, comprehensive education and protection to children and adolescents with disabilities; ...
“... The Committee is further concerned at the difficulties for indigenous children to access education and at the insufficient measures to reflect the multilingual nature of the population. The Committee also takes note of the increase of early childhood education in the years before school, although it is concerned at the insufficient preschools and at the limited access of rural and indigenous children....
“The Committee recommends that the State party: ...
c) reinforce of [sic] the multilingual nature of the population (Guarani-Spanish and others) and adapt the education methodologies and materials to this reality;
d) improve the quality of teacher training, particularly with regard to inter-cultural and bilingual education; ...
f) increase efforts for rural and indigenous children to access education, particularly to early childhood education....
“The Committee is concerned at the limited enjoyment of rights by indigenous children, in particular their limited access to education....
“The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. In this regard, the Committee refers the State party to its general comment no. 11 on Indigenous Children and their rights under the Convention (CRC/C/GC/11) and to the recommendations issued by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, contained in his report A/HRC/11/11.”
Peru
(7th March 2016, CRC/C/OPSC/PER/CO/1, Concluding observations on the report submitted by Peru under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 19 and 20)- 71st Session -
“The Committee welcomes the fact that the State party established in December 2009 an institutional system for registering cases of trafficking in persons and associated offences and for compiling relevant statistics. Nevertheless, it regrets that statistics and data on the offences covered by the Optional Protocol are not comprehensive.”
“The Committee recommends that the State party intensify its efforts to develop and implement a comprehensive, coordinated and effective system of data collection on all areas covered by the Optional Protocol, in order to ensure effective analysis and monitoring of the situation of children as well as impact assessments of the measures taken. The data should be disaggregated, inter alia by sex, age, nationality and ethnic origin, geographical location and socioeconomic status, with particular attention to children who are at risk of becoming victims of crimes under the Optional Protocol. Data should also be collected on the number of prosecutions and convictions, disaggregated by the nature of the offence.”
“The Committee notes that the State party has introduced measures to prevent sexual exploitation and trafficking of children, including the establishment of the Multisectoral Permanent Working Group against Trafficking in Persons. It is, however, concerned that measures to prevent the offences covered by the Optional Protocol are insufficient, as evidenced, inter alia, by the widespread sexual exploitation of girls, in particular in mining areas, the increasing prevalence of child prostitution and the existence of a large number of organized networks for trafficking in organs. In particular, it is concerned that:
(a) Efforts to properly identify and eliminate the root causes and risks of offences under the Protocol, including poverty, the prevalence of discriminatory practices and attitudes, and violence, are limited;
(b) There are no mechanisms in place to identify and monitor children who are at particular risk of becoming victims of offences under the Optional Protocol, such as children in street situations, indigenous children, unaccompanied asylum-seeking, refugee and migrant children, and children from rural and/or remote areas.”
“The Committee recommends that the State party expand and strengthen its preventive measures to address all areas covered by the Optional Protocol. The State party should also:
(a) Ensure effective enforcement of existing laws and administrative measures, social policies and programmes aimed at the prevention of offences under the Optional Protocol, including through the allocation of sufficient resources;
(b) Carry out comprehensive studies assessing the root causes, risk factors and scale of crimes related to the sale of children, child prostitution, including child sex tourism, and child pornography in the State party, with a view to developing and adopting effective and targeted legislative, policy and administrative measures for the prevention of offences prohibited under the Optional Protocol;
(c) Ensure effective monitoring and evaluation of the measures adopted with a view to identifying possible deficiencies, for corrective action;
(d) Establish effective mechanisms to identify and monitor children at risk of becoming victims of offences under the Optional Protocol and establish special prevention programmes targeting those children and their families.”
(2nd March 2016, CRC/C/PER/CO/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras 27, 28, 51, 52, 61, 62, 63, 64 ___) - 71st Session
“While noting the measures taken by the State party to address discrimination against children in marginalized or disadvantaged situations, such as the establishment of the National Commission against Discrimination and the platform against discrimination, the Committee is deeply concerned about:
(a) The persistence of patriarchal attitudes and deep-rooted stereotypes that discriminate against girls, resulting in a high prevalence of violence against girls;
(b) The prevalence of structural discrimination against certain groups of children, including indigenous children, Afro-Peruvian children, children living in rural and remote areas, children living in poverty, lesbian, gay, bisexual, transgender and intersex children and children with disabilities, in particular regarding their access to education and other basic services, such as health care;
(c) The absence of legislation explicitly prohibiting discrimination based on sexual orientation or gender identity.”
“The Committee recommends that the State party:
(a) Design and implement a comprehensive strategy, including awareness-raising programmes and educational campaigns, to eliminate patriarchal attitudes and gender stereotypes that discriminate against girls;
(b) Intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children in marginalized and vulnerable situations, including by effectively implementing existing laws and policies, adopting further strategies, and carrying out broad public education campaigns;
(c) Ensure that professionals working with and for children, the media and the general public are sensitized to the negative impact of stereotypes and discriminatory attitudes on children’s enjoyment of their rights;
(d) Explicitly prohibit discrimination based on sexual orientation and gender identity.”
“The Committee notes the measures taken to guarantee the rights of persons with disabilities and establish an inclusive education system, such as the adoption in December 2012 of General Law No. 29973 on persons with disabilities. However, the Committee is concerned that legislative and policy measures are not implemented effectively in practice. In particular, it is concerned at:
(a) The fact that more than 90 per cent of children with disabilities do not possess a disability certificate, owing to, among other things, a lack of specialized medical personnel to issue such certificates, which impedes their access to services for persons with disabilities;
(b) Information received that approximately 54 per cent of children with disabilities do not know how to read or write;
(c) Limited access to inclusive education for children with disabilities, in particular in rural and remote areas, owing, inter alia, to the lack of adequate infrastructure and resources and the limited support provided by the Assistance and Advice Services for Students with Special Educational Needs;
(d) The insufficient availability of rehabilitation services and early detection programmes, in particular in rural and remote areas, and the limited coverage of rehabilitation and treatment for children with disabilities under the universal health insurance;
(e) The fact that many social protection programmes, while they do not directly exclude children with disabilities, are not accessible to such children owing to the fact that the programmes are often solely provided in schools, taking into account that only 50 per cent of children with disabilities attend school;
(f) Continued widespread discrimination and violence against children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party adopt a human rights-based approach to disability, and:
(a) Increase its human, technical and financial resources to ensure that all children with disabilities receive a disability certificate;
(b) Strengthen its efforts to implement an inclusive education system for all children at all levels, including by allocating the necessary human, technical and financial resources, providing accessible schools and educational materials, ensuring training of teachers, providing transportation and strengthening and expanding the support provided by its Assistance and Advices Services for Students with Special Education Needs in all areas of the State party;
(c) Establish a system to provide education to children with disabilities who have not attended school for many years and do not know how to read and write;
(d) Ensure that children with disabilities throughout the State party have effective and free access to health and rehabilitation services, including early detection and intervention programmes;
(e) Ensure that its social protection programmes are inclusive in practice;
(f) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee notes the significant efforts made to increase budget allocations for, and access to, education, including early childhood education, and to strengthen intercultural bilingual education. However, it is concerned about:
(a) Disparities in budget allocations between schools and between regions;
(b) Lower enrolment and completion rates, persistent difficulties in accessing quality and bilingual education and high illiteracy rates among children living in rural areas, indigenous children and Afro-Peruvian children;
(c) The growing privatization of education, which may reinforce discrimination in the educational system;
(d) Hidden costs in education;
(e) The low quality of education, despite improvements, and the relatively low educational achievements of children in the State party;
(f) Insufficient training of teachers and difficult working conditions in rural and remote areas;
(g) High rates of school dropout, particularly affecting pregnant girls and adolescents at the secondary level.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Continue its efforts to allocate sufficient financial resources for the development and improvement of the national education system, covering all schools and all areas of the State party;
(b) Continue to improve the accessibility and quality of education for all children, including by strengthening the provision of quality training for teachers and improving their working conditions, in particular in rural areas, to encourage them to provide education of a high quality;
(c) Assess and address the consequences of the rapid development of private education in the State party with a view to ensuring equal access to quality education for all children;
(d) Guarantee the right to free mandatory education, without indirect or hidden costs;
(e) Strengthen measures to address school dropout and increase the completion of secondary education, with a particular focus on children living in rural areas, indigenous and Afro-Peruvian children, pregnant girls and teenage mothers;
(f) Improve the quality of education in rural areas and among indigenous and Afro-Peruvian communities with a view to eliminating illiteracy, and ensure the effective implementation of its programmes on intercultural bilingual education.”
“The Committee welcomes the adoption, in September 2015, of the Migration Act, and the State party’s active role in the preparation and adoption of the Brazil Declaration and Plan of Action in 2014. It is, however, concerned at the lack of specific procedures to deal with unaccompanied and separated children and the limited access to basic services for asylum-seeking and refugee children, including to health, education and other social services.”
“In the light of its general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, and in accordance with advisory opinion OC-21/14 of the Inter-American Court of Human Rights, and the guidelines set out by the Office of the United Nations High Commissioner for Refugees on determining the best interests of the child, the Committee recommends that the State party establish a child-sensitive refugee status determination procedure, including specific safeguards for unaccompanied asylum-seeking children. The State party should also consider adopting a social strategy ensuring access to basic services for asylum seekers and refugees, including children.”
(14 March 2006, CRC/C/PER/CO/3, Concluding observations on third report, paras. 45, 60, 61 and 73)
“The Committee encourages the State party to pursue actively its current efforts and to continue to:
a) ensure that policies and practice in relation to children with disabilities take due regard of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on “Children with disabilities” (see CRC/C/69);
b) pursue efforts to ensure that children with disabilities enjoy full integration, including mainstream education, and participation in social, cultural and sport activities....
“The Committee ... is still concerned about: ...
c) the lack of adequate training of teachers, including skills for intercultural bilingual education to indigenous communities; ...
e) the even higher non-attendance and earlier drop-out of girls because of traditional views and partly due to early pregnancies and maternity;
“The Committee recommends that the State party: ...
e) improve intercultural bilingual education....
“The Committee, while acknowledging the State party’s efforts in this respect, notes with concern that indigenous communities continue to face serious difficulties in the enjoyment of their rights, especially economic, social and cultural rights. In particular, the Committee is concerned about the lack of recognition of their land rights, pillaging of their resources, inadequate access to basic services, health and education, social exclusion and discrimination.”
Philippines
(26 October 2022 CRC/C/PHL/CO/5-6, Advanced Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, paras 17, 23, 26, 30 and 35) - 91st Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: right to life, survival and development; violence against children; children deprived of a family environment; children with disabilities; and education.”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention , the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children .”
(26 June 2013, CRC/C/OPSC/PHL/1, Concluding observations on the initial report, paras. 9, 10, 21, 22, 25, 26) - 62nd Session
“The Committee reiterates its concerns (CRC/C/PHL/CO/3-4, para. 10, 2009) about the low age of sexual consent, which has been set at 12 years, increasing the vulnerability of children to prostitution and pornography. It is further concerned that Bills Nos. 681 and 3049, which seek to raise the age for sexual offences against children, have not yet been enacted into law and that child protection laws are not properly implemented.”
“The Committee reiterates its previous recommendation (CRC/C/PHL/CO/3-4, para. 10, 2009) and urges the State party to enact the necessary laws on child protection, including Bills Nos. 681 and 3049 and raise the minimum age of sexual consent. It further recommends that the State party take active measures to ensure that laws on child protection are effectively implemented, including by raising awareness about child protection laws at the provincial and local levels and developing detailed guidelines, protocols and procedures to guide the action of local government authorities.”
“The Committee welcomes the fact that the State party has strengthened cooperation with countries in the region to prevent child trafficking. However,theCommitteeexpresses its deep concern that an estimated 60,000 to 75,000 children are exploited in the commercial sex industry and that child sex tourism remains a serious problem in the State party. The Committee is further concerned that:
(a) Current policies and programmes are not adequate and effective to address the underlying root causes of the sale of children, child prostitution and child pornography, particularly poverty, unsafe migration and discrimination against girls;
(b) Even though the rate of birth registration has increased to 95 per cent, there is still a high number of children who are not registered, especially in Mindanao, leaving them vulnerable to offences under the Optional Protocol;
(c) Despite a high number of internally displaced children and children living in streets being forced into prostitution, particularly in the city of Manila, the State party has not prioritized measures targeting children who are in the most vulnerable situations;
(d) Lack of public awareness of crimes of sexual exploitation of children, including among parents and children themselves, and social and cultural tolerance of sexual exploitation of children in communities are preventing the reporting and prosecution of such crimes; and
(e) Adolescents have very limited access to sexual and reproductive health information and services, including family planning and contraceptives, the dangers of early pregnancy, the prevention and treatment of sexually transmitted infections (STIs) and HIV/AIDS.”
“The Committee urges the State party to adopt a comprehensive approach to address the root causes of offences under the Optional Protocol and to target families and children in the most vulnerable situations. In particular, the Committee recommends that the State party strengthen its poverty reduction strategies and supportive social protection measures for disadvantaged and marginalized families, including child-centred early intervention programmes to support parents in better performing their care and protection responsibilities towards children. It further urges the State party to:
(a) Undertake research on the root causes and extent of the commercial sexual exploitation of children, and sale of children, child prostitution and pornography, to identify children at risk, assess the extent of the problem and develop targeted policies and programmes. In this regard, protective measures to combat child sexual exploitation should be closely linked with poverty reduction interventions;
(b) Continue and strengthen its measures to ensure that all children are registered at birth;
(c) Develop prevention programmes targeting children in the most vulnerable situations and in particular, take all necessary measures to ensure that internally displaced children and children in street situations are provided with adequate and secure shelter, health care, education and clothing. Particular focus should be placed on their protection from police brutality, physical and sexual abuse as well as substance abuse;
(d) Carry out intensive awareness-raising activities through mass media and community participation, including mobilization of community leaders, local teachers, youth and children’s groups, to change attitudes about sexual exploitation of children, including child pornography; and
(e) Intensify sexual and reproductive health education and services in all educational institutions, including awareness-raising on the prevention of HIV/AIDS and the dangers of sexual exploitation of children.”
“While welcoming the State party’s efforts, in collaboration with national institutions and non-governmental organizations to combat child sex tourism, including the implementation of the Child Wise Tourism Programme, the Committee is nevertheless concerned that a large number of children are being sexually exploited by foreign paedophiles in the State party, particularly in the areas of Sabang, Puerto Galera, Cebu City, Angeles City and Pasay City. The Committee is particularly concerned that:
(a) Children living in slum areas and in street situations are most vulnerable to this form of sexual abuse and exploitation;
(b) The production of child pornography, including by tourists, is escalating in the State party;
(c) The State party has not sufficiently engaged with and regulated the private sector, especially the travel, hotel and tourism industry, to prevent and combat child sex tourism, including in prevention, monitoring and reporting of cases of child trafficking and commercial sexual exploitation of children.”
“The Committee urges the State party to:
(a) Undertake measures to identify children who are especially vulnerable to becoming victims of the crimes covered by the Optional Protocol, such as children in street situations and children affected by poverty, and to link these measures to existing child protection programmes and poverty reduction strategies;
(b) Take all necessary measures to strengthen the surveillance of Internet child pornography and of unregistered tourist accommodation and clandestine activities related to child sexual exploitation;
(c) Regulate and engage with the private sector, particularly the tourism industry, in prevention, monitoring and reporting cases of child trafficking and commercial sexual exploitation of children to relevant authorities. The State party should also ensure that the Department of Tourism effectively monitors compliance by hotels, travel and tour agencies and operators with the contractual agreements it has signed with them regarding the prohibition of child sex tourism and child protection in general; and
(d) Strengthen its advocacy with the tourism industry of the harmful effects of child sex tourism, widely disseminate the Charter of Honour for Tourism and the World Tourism Organization (UNWTO) Global Code of Ethics for Tourism among travel agents and tourism agencies and encourage them to sign up for the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism.”
(2 October 2009, CRC/C/PHL/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 29, 53, 54, 65, 66, 83 and 84) - 52nd Session
“While noting efforts by the State party to eliminate discrimination against children, including through the implementation of the Girl Child Plan and a number of programmes targeting indigenous and minority children, the Committee reiterates its concern at discrimination faced by many children, in particular children living in poverty, children with disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well as children living in conflict areas, as regards their access, inter alia, to social and health services and education....
“While welcoming the State party’s ratification of the Convention on the Rights of Persons with Disabilities in 2008, the Committee expresses its concern at the lack of a comprehensive policy to ensure that children with disabilities have equal access to social, educational, health and other services....
“The Committee recommends that the State party strengthen its measures to protect and promote the rights of children with disabilities, inter alia, by:
a) developing and implementing a comprehensive policy for the protection and promotion of the rights of children with disabilities and enforcing existing legislation to ensure that children with disabilities have equal access to social, educational, health and other services; ...
f) providing training for professional staff working with children with disabilities, such as teachers, social workers, medical, paramedical and related personnel; and
g) taking into account article 23 of the Convention, the Committee’s General Comment No. 9 (CRC/C/GC/9) as well as the Convention on the Rights of Persons with Disabilities.
“... The Committee also remains concerned that certain vulnerable groups of children, such as children living in poverty, children with disabilities, working children, children in armed conflict, indigenous children, children infected with, or affected by, HIV/AIDS, and street children do not have equal access to education....
“In light of articles 28 and 29 of the Convention and the Committee’s general comment No. 1 (2001) on the aims of education, the Committee urges the State party to allocate the necessary financial, human and technical resources in order to: ...
b) urgently take all necessary measures to ensure that primary education is universal, free of direct or indirect costs and accessible for all children and pay particular attention to the schooling opportunities in the most remote barangays and to the educational needs of children belonging to vulnerable groups, in order to fulfil their right to education....
“While acknowledging steps taken to address the precarious situation of indigenous children, such as the inclusion for the first time of indigenous people’s concerns in the Medium-Term Philippine Development Plan 2004-2010 (MTPDP), the Committee reiterates its concern at the widespread poverty among minorities and indigenous peoples and the limited enjoyment of their human rights, in particular, concerning their access to social and health services and education....
“Taking into account its general comment No. 11 on indigenous children and their rights under the Convention (CRC/C/GC/11), the Committee recommends that the State party take the necessary steps to ensure that indigenous children and children belonging to minorities fully enjoy all of their human rights equally and without discrimination. In this respect, the Committee recommends that the State party strengthen its efforts to implement the IPRA and develop and implement policies and programmes in order to ensure equal access for indigenous and minority children to culturally appropriate services, including social and health services and education. The Committee ... recommends that the State party raise awareness in communities and schools of the multicultural nature of the Filipino society and the need for education to be sensitive to traditions, languages and views by different ethnic groups.”
(21 September 2005, CRC/C/15/Add.259, Concluding observations on second report, paras. 20, 22, 55, 56, 68, 69, 70, 92 and 93) - 39th Session
“Notwithstanding the measures taken by the State party to eliminate discrimination against children, inter alia, through the implementation of the provisions of the Child and Youth Welfare Code (Presidential Decree No. 603), the Family Code and the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act and several programmes, such as the Third Elementary Education Programme, the Committee is concerned about discrimination faced by many children, in particular children living in poverty, children with disabilities, indigenous and minority children, including Muslim children living in Mindanao, migrant children, street children and children living in rural areas as well as children living in areas of conflict, as regards their access, inter alia, to social and health services and education....
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and taking account of the Committee’s general comment No. 1 (2001) on the aims of education.
“... The Committee is concerned that many children with disabilities live in poverty and their access to social and health services and education is limited....
“In the light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures to: ...
c) ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs; ...
f) ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers are adequately trained....
“... the Committee remains gravely concerned that there still remain barangays which are not able to provide children with elementary education and there are several vulnerable groups of children, such as children living in poverty, children with disabilities, child labourers, children in armed conflict, indigenous children, children infected with, or affected by, HIV/AIDS and street children, without equal access to elementary education....
“The Committee is encouraged by the State party’s efforts to promote indigenous, minority and local languages in education including, inter alia, through the Lingua Franca Project. The Committee ... reiterates its concern about the low rate of enrolment in secondary education and that children living in the remote barangays have very limited access to secondary education....
“In the light of articles 28 and 29 of the Convention and the Committee’s general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party allocate adequate financial, human and technical resources in order to: ...
b) urgently take all necessary measures to ensure universal and free primary education for all and pay particular attention to the schooling opportunities in the most remote barangays and to the educational needs of children belonging to vulnerable groups, such as children living in poverty, children with disabilities, indigenous children, child labourers, children in armed conflict, children infected with or affected by HIV/AIDS and street children, in order to fulfil their right to education; ...
f) provide indigenous children and children belonging to minority groups with equal access to quality education which respects their distinct cultural patterns and uses local indigenous and minority languages in education through, inter alia, the Lingua Franca Project....
“While noting the provisions of the Indigenous Peoples Rights Act (Republic Act No. 8371) as well as programmes and projects for children belonging to minorities and indigenous peoples, such as an alternative system of education for children belonging to indigenous cultural communities, the Childcare Development Programme and the Lingua Franca Project, the Committee is concerned about the widespread poverty among minorities and indigenous peoples and the limited enjoyment of their human rights, in particular, concerning their access to social and health services and education....
“The Committee recalls the obligations of the State party under articles 2 and 30 of the Convention and recommends that the State party ensure that indigenous children and children belonging to minorities fully enjoy all of their human rights equally and without discrimination. In this respect the Committee recommends that the State party strengthen its efforts to implement the Indigenous Peoples Rights Act (Republic Act No. 8371) and develop and implement policies and programmes in order to ensure equal access for indigenous and minority children to culturally appropriate services, including social and health services and education....”
Poland
(6th December 2021, CRC/C/POL/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 18, 19, 32 and 39)
“The Committee is concerned that:
(a) Discrimination is not prohibited in legislation on all grounds, in all aspects of life and in all forms, including multiple forms of discrimination and the phenomenon of territories, workplaces or services declaring themselves as being “free from/unwelcoming to lesbian, gay, bisexual, transgender, queer and intersex persons”;
(b) There is a reported increase in the number of incidents of bullying and discrimination on the basis of ethnicity, religion or lack of religious affiliation, sexual orientation and gender identity and the response by the authorities to such incidents is Insufficient;
(c) Gender stereotypes concerning the roles and responsibilities of women and men in the family and in society persist.”
“The Committee reiterates its previous recommendations and recommends that the State party:
(a) Amend the relevant legislation to ensure protection against all forms of direct, indirect, multiple and intersectional discrimination, including on the basis of sexual orientation and gender identity, disability and gender, and ensure that such incidents are thoroughly investigated and that perpetrators are brought to justice;
(b) Systematically undertake awareness-raising and education efforts on the issues of discrimination, intolerance and hate speech against children belonging to ethnic, religious and linguistic minority groups, refugee, asylum-seeking and children in situations of migration, children with disabilities and lesbian, gay, bisexual, transgender and intersex children;
(c) Strengthen the measures to prevent and eliminate gender stereotypes, intolerance and discrimination among the general public and the national and local authorities;
(d) Provide in its next periodic report an update of the work relevant for children’s rights undertaken by the interministerial team referred to in paragraph 48 of the State party’s report.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee reiterates its previous recommendations 9 and urges the State party to adopt a human rights-based approach to disability and to:
(a) Adopt a single definition of disability based on the Convention on the Rights of Persons with Disabilities and make use of the International Classification of Functioning, Disability and Health;
(b) Ensure accessibility, in line with the strategy for persons with disabilities, 2021–2030, and improve the quality of inclusive education;
(c) Strengthen early identification of disability and age-appropriate rehabilitation interventions, improve informational outreach for parents of children with disabilities and develop programmes to support children with disabilities in transition to adulthood to help them to start an independent life;
(d) Increase access to community services for children with disabilities, in particular health and rehabilitation services, transport, leisure activities and sports, in order to promote their inclusion in society;
(e) Strengthen support for parents of children with disabilities, to enable the children to grow up in a family environment, and develop family-based care solutions for children with disabilities who are deprived of a family environment;
(f) Organize the systematic and comprehensive collection of data on children with disabilities.”
“While welcoming the activities under the programme for the integration of the Roma community in Poland, 2014–2020, in particular the equipping of 98 percent of Roma students with a school kit, doubling the day-care institutions for children up to 3 years of age and limiting preschool educational fees, the Committee recalls target 4.5 of the Sustainable Development Goals and recommends that the State party:
(a) Provide information, in its next periodic report, on how the institutional changes to the education system have affected the size of classes, distance to school and equality between students;
(b) Ensure access to education in the context of the coronavirus disease (COVID-19) pandemic, in particular by strengthening new methods of learning and by providing better information technology infrastructure in schools and at home;
(c) Take measures to improve access to education for children living in rural areas, including their access to extracurricular activities;
(d) Extend the programme for the integration of the Roma community and strengthen measures for the inclusion and retention of Roma children in education, in particular Roma girls, including by raising awareness of the importance of education and school registration requirements among the Roma community;
(e) Ensure that all children with disabilities, including children with autism, Asperger syndrome and attention deficit/hyperactivity disorder, have access to inclusive education, including by: (i) training and assigning the number of specialized teachers and assistants necessary to provide individual support to children with disabilities in order to keep them in inclusive education; (ii) providing assistive technologies and devices; (iii) developing individual education plans; and (iv) ensuring reasonable accommodation in school infrastructure and places for sport and leisure, school transportation and training;
(f) Improve the quality of teacher training;
(g) Address homophobic behaviour by students and teachers targeted at lesbian, gay, bisexual and transgender students and teachers, in particular in the context of religion classes”
(h) Expand the availability of preschool education, in particular for children under 3 years of age, especially in rural areas, assist local authorities in the establishment of “other forms of preschool education”, strengthen specialized training for preschool teachers and reduce the number of children in the class;
(i) Increase funding and measures for the inclusion of Roma children in kindergarten with other children, instead of funding separate kindergartens for Roma children.”
(30th October 2015, CRC/C/POL/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 16, 17, 22, 23, 34, 35, 42 and 43)
“The Committee appreciates the State party’s efforts to combat discrimination. However, it is concerned that:
(a) There is no comprehensive law on prohibition of discrimination on all grounds, in all aspects of life and in all forms, including multiple forms of discrimination;
(b) Gender stereotypes concerning the roles and responsibilities of women and men in the family and in society persist;
(c) Children belonging to ethnic, religious, linguistic and other minority groups, including Roma, Arab, Asian and African descendants, Muslims, Jews, non-citizens, including refugees, asylum seekers and migrants, persons with disabilities, and lesbian, gay, bisexual and transgender children face discrimination and may become targets of hate crimes;
(d) Incidents of racial violence and abuse, including hate speech, are increasing, as are acts of xenophobia and homophobia.”
“The Committee recommends that the State party:
(a) Amend the Law on equal treatment so that it covers the issue of discrimination based on all grounds in all areas, including gender, sexual orientation, disability, religion or age, in the fields of education, health care, social protection, housing, and private and family life, and provides for the definition of multiple forms of discrimination;
(b) Amend the Penal Code to define hate speech and other hate crimes motivated by racism, xenophobia and homophobia as specific punishable offences and ensure that such incidents are thoroughly investigated and that perpetrators are brought to justice;
(c) Review and strengthen its measures to prevent and eliminate stereotypes, intolerance and discrimination among the general public and national and local authorities.”
“The Committee is concerned that there are occasions when children belonging to religious minorities are not offered classes in their own religion in public schools and have to participate in Catholic religion classes instead. The Committee is also concerned that grades obtained in Islamic religion classes are not always recorded on school certificates.”
“The Committee recommends that the State party:
(a) Guarantee that children belonging to religious minorities are not compelled to participate in religion classes in public schools that are not their own faith;
(b) Raise awareness among parents and students on the possibility and procedure to request the establishment of classes compliant with their religious affiliation, as provided for under the Education System Act (1991);
(c) Ensure that grades obtained from non-Catholic religion classes are recorded on school certificates.”
“The Committee is concerned that:
(a) There is little data, research and analysis on the effectiveness of the implementation of laws and policies on the rights of children with disabilities;
(b) Despite the progress made in deinstitutionalization, many children with disabilities still live in institutions, owing to, inter alia, a fragmented system of social assistance, which does not sufficiently encourage and support families to keep their children at home, nor is it comprehensive enough to support children’s autonomy and active participation in public life throughout the course of their life;
(c) Parents may decide that a child with disabilities will not attend inclusive education, resulting in a large proportion of children with disabilities still attending to special schools;
(d) In mainstream schools, funds designated for children with disabilities may be used for other purposes, which makes education less inclusive in those schools.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Enhance data collection on children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention and existing laws and policies;
(b) Reform the system of social assistance for children with disabilities and their families in order to improve its coherence and coordination and avoid unnecessary institutionalization;
(c) Guarantee all children with disabilities the right to inclusive education in mainstream schools;
(d) Develop a system at the local level to monitor the management of education subsidies dedicated to children with disabilities in order to ensure the provision of reasonable accommodation and support for each child with a disability;
(e) Give priority to measures to facilitate full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, such as leisure activities, community-based care and provision of social housing with reasonable accommodation.”
“The Committee welcomes the significant efforts made to reduce urban and rural disparities in accessing quality education, enhance the provision of early childhood education, integrate Roma children in mainstream schools and guarantee access to free public education and educational support services for foreign children, including asylum-seeking and refugee children. However, the Committee remains concerned that:
(a) Children living in rural areas and small towns still face inequality in accessing quality education;
(b) Participation in preschool, primary, secondary and vocational education of Roma children remains lower than that of other children, and many Roma children still face difficulties keeping up in mainstream schools or are misplaced in special schools due to their low level of the Polish language and culturally insensitive testing;
(c) Children with HIV/AIDS tend to be segregated in preschool and compulsory education;
(d) Asylum-seeking children placed in detention centres do not have access to full-time education.”
“The Committee recommends that the State party:
(a) Further step up its efforts to improve access to quality education in rural areas and in small towns, including access to preschool, secondary and higher education;
(b) Facilitate the participation and inclusion of Roma children in education at all levels, including preschool, raise awareness of teachers and staff of psychological and pedagogical counselling centres on Roma history and culture, ensure the use of non-verbal and culturally sensitive tests, and strengthen the role and capacity of Roma education assistants in compulsory education, by clearly defining their status, improving their working conditions and providing capacity-building opportunities;
(c) Eliminate stigma and discrimination against children with HIV/AIDs and their segregation in education in line with the Committee’s general comment
No. 3 (2003) on HIV/AIDS and the right of the child and the 2006 International Guidelines on HIV/AIDS and Human Rights;
(d) Ensure the full enjoyment of the right to education by asylum-seeking children, regardless of their status, length of stay or residence, on equal footing with all other children in the State party.”
(30 October 2002, CRC/C/15/Add.194, Concluding observations on second report, paras. 27, 40, 41, 44, 45, 46, 47, 52 and 53)
“The Committee notes with concern that the principle of non-discrimination is not adequately implemented with respect to certain vulnerable groups of children, including children of the Roma and other ethnic minorities, children living in institutions, children with disabilities, children of poor families and children with HIV/AIDS. In particular, the Committee is concerned about their limited access to adequate health, education and other social services and about reports of racially motivated violence in which police have failed to protect the victims.
“The Committee is concerned that children with disabilities do not all have the opportunity to attend integrated schools and education programmes, and that in some cases children with disabilities are institutionalized or do not attend school regularly owing to a lack of appropriate programmes close to their homes.
“The Committee recommends that the State party:
a) develop a time-bound plan for reducing the number of children with disabilities living in institutions and integrating them into mainstream education and vocational training programmes, as well as social, cultural and leisure activities;
b) provide sufficient financial, human and organizational resources to powiats to ensure that they all offer integrated educational facilities that are accessible and appropriate to children with disabilities that will ensure their full participation in society.
“The Committee notes the new initiatives to provide textbooks to children from poor families and provide all schools with computers, yet it remains concerned at the increasing disparities in access to education, the material condition of schools and the quality of education between rural and urban areas, particularly with regard to kindergartens and extracurricular programmes and activities.
“The Committee recommends that the State party ensure that children in rural areas have equal opportunities for a quality education which provides them with the skills to enter the labour market or university-level education based on their merit, by:
a) seeking innovative means for promoting the cognitive, social and emotional development of children, through, inter alia, programmes that foster interaction between children and their peers and parental education programmes on the benefits of early childhood education, ensuring that there are sufficient and appropriate kindergarten facilities for all children in rural areas; orienting the education system towards achieving the aims mentioned in article 29, paragraph 1, of the Convention and in the Committee's General Comment No. 1 on the aims of education; and introducing human rights, including children’s rights, into the school curricula;
b) ensuring that rural areas and poorer communities are provided with additional funds to allow them to provide the same quality of education and level of extracurricular programmes as urban schools;
c) ensuring that students from poor families or those in rural areas have access to scholarships or other forms of financial support that allow them to attend general secondary schools in preparation for university.
“The Committee ... is concerned that children waiting for their refugee claims to be processed do not have opportunities for education if they are housed in emergency blocks....
“The Committee recommends that the State party: ...
c) ensure that all children awaiting processing of their refugee claims in emergency blocks, the refugee reception centre or other forms of care have full access to education.
“The Committee is concerned that, despite pilot programmes aimed at improving the situation of the Roma in certain provinces, they still suffer from widespread discrimination which has in some instances impeded Romani children’s right to education, health and social welfare.
“The Committee recommends that the State party:
a) initiate campaigns at all levels and in all provinces aimed at addressing the negative attitudes towards the Roma in society at large and in particular amongst authorities and professionals providing health, education and other social services;
b) develop and implement a plan aimed at integrating all Roma children into mainstream education and prohibiting their segregation into special classes, and which includes pre-school programmes for Romani children to learn the primary language of schooling in their communities;
c) develop curriculum resources for all schools which include Romani history and culture in order to promote understanding, tolerance and respect of Roma in Polish society.”
Portugal
(27 September 2019, CRC/C/PRT/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 17, 18, 33, 40) - 82nd Session
The Committee welcomes the translation into Portuguese and the dissemination of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, as well as the integration of the best interests of the child into legislation on adoption, self-determination of gender identity and on custody in case of divorce. It is concerned, however, at the continued absence of legislation on and guidelines for the determination and application of the best interests of the child in justice, health care, child protection, care placement, immigration, asylum procedures and education. The Committee is moreover concerned that this lack of guidance may result in contradictory interpretations of the law and decisions by different instances.
With reference to its general comment No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party:
(a) Ensure that the principle of the best interests of the child is incorporated into legislation and into all policies, programmes and projects that are relevant to and have a direct or indirect impact on children;
(b) Develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area and for giving it due weight as a primary consideration;
(c) Establish compulsory processes for ex-ante and ex-post impact assessments of all laws and policies relevant to children on the realization of the right of the child to have his or her best interests taken as a primary consideration.
While welcoming the legislative measures taken to improve the situation of persons with disabilities in the State party, including the adoption of Decree-Law No. 54/2018 that introduces a shift towards inclusive education, the Committee, referring to its general comment No. 9 (2006) on the rights of children with disabilities, recommends that the State party:
(a) Collect data on children with disabilities, including on discrimination against them, and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(b) Adopt, in consultation with children with disabilities and their families, a new comprehensive strategy for the inclusion of children with disabilities in all areas of life and allocate adequate human, financial and technical resources for its monitoring and implementation;
(c) Reinforce the training of teachers and professionals in integrated classes, including at lower primary education, and assign specialized staff providing individual support in order to ensure the effective implementation of individual education plans;
(d) Reinforce coordination between social security, educational and health authorities to ensure the effective implementation of the social inclusion benefit.v
Welcoming the ongoing decentralization of the educational system, in line with Law No. 55/2018, and taking note of target 4.C of the Sustainable Development Goals on the supply of qualified teachers, the Committee recommends that the State party strengthen its efforts to address the impact of austerity measures on the education sector, and that it:
(a) Increase the access of children of vulnerable groups, including Roma children, children of African descent, children with disabilities, children living in poverty and those living in rural areas, to education, especially secondary and tertiary education, and promote the hiring of teachers from those communities;
(b) Ensure that the rights of the child are incorporated into the school curricula at all levels of education;
(c) Introduce sexual and reproductive health education into the mandatory school curriculum for adolescent girls and boys that includes a human-rights based approach and focuses on sexual and reproductive rights, healthy sexuality, prevention of high-risk sexual behaviour and sexually transmitted diseases, as well as on non-discrimination, the prevention of violence in intimate relationships and the harmful effects of pornography;
(d) Continue to enhance human, technical and financial resources for the development and expansion of quality and affordable early childhood education, based on a comprehensive and holistic policy of early childhood care and development.
(25 February 2014, CRC/C/PRT/3-4, Concluding observations on the combined third and fourth periodic report, paras. 25, 26, 45, 46, 59, 60)- 65th Session
The Committee welcomes the numerous measures, programmes and plans of action initiated by the State party to address discrimination in the context of children and families living in poverty, and groups in disadvantaged situations, notably the National Strategy for the Integration of the Roma Communities for the period 2013-2020, and other measures to combat discrimination, including support centres for immigrants and the establishment of Education for Citizenship Guidelines to sensitize school staff and other educational stakeholders in order to facilitate the integration of children of immigrants and ethnic minorities in schools. The Committee is concerned, however, that despite considerable action taken by the State party, immigrants, foreigners and ethnic and racial minorities, including the Roma minority and people of African descent, continue in practice to face discrimination in access to housing, employment, education, equal wages, health care and public services. The Committee is also concerned about reported cases of discriminatory conduct and ill-treatment of, and manifestations of racist stereotyping and prejudice towards, immigrants, foreigners and ethnic and racial minorities by law enforcement officials, as well as discrimination against lesbian, gay, bisexual and transgender adolescents.
In the light of article 2 of the Convention, the Committee recommends that the State party ensure that all children in the State party enjoy equal rights under the Convention without discrimination and, to that end:
(a) Intensify efforts to ensure the effective elimination of any form of discrimination against children of immigrants, foreigners and ethnic and racial minorities, including the Roma minority and people of African descent, as well as lesbian, gay, bisexual and transgender adolescents through, among other things, awareness-raising campaigns and intercultural dialogue, especially at the community level and in schools;
(b) Strengthen training for law enforcement officials to ensure that they fully respect and protect the fundamental rights of all persons, without discrimination on the basis of race, colour or ethnic or national origin, and ensure that law enforcement officials are held accountable for misconduct and sanctioned, as appropriate.
The Committee notes with satisfaction the adoption of laws and policies pertaining to children with disabilities, in particular relating to non-discrimination, access to education and the promotion of social inclusion, as well as establishing specialized support mechanisms concerning referral, evaluation, and monitoring, including Decree Law Nos. 38/2004 and 3/2008 creating a new regime supporting students with special needs education, and the National Strategy for Disability (2011-2013). The Committee is nonetheless concerned that:
(a) Austerity measures have negatively affected the implementation of the National Strategy for Disability, including in regard to support services required for the successful mainstreaming of children with disabilities;
(b) Children with disabilities are not effectively integrated into all areas of social life;
(c) According to reports, children in institutions are allegedly subjected to ill treatment; (d) According to complaints made to the Ombudsperson’s Office, there are delays in processing applications for special education subsidies for children with disabilities, who are disproportionally at risk of poverty.
In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Adopt a human rights-based approach to disability and continue to strengthen its efforts to promote and protect the rights of children with disabilities, including by allocating the necessary resources for the effective implementation of the National Strategy for Disability;
(b) Take all the necessary measures to ensure that children with disabilities are fully integrated into all areas of social life, including recreational and cultural activities;
(c) Ensure that schools and care facilities are adequately staffed and funded, and that children with disabilities are treated with dignity and respect, and benefit from effective protection;
(d) Address the alleged delays in the assessment of requests for the special education subsidy and in the processing of payments, review legislation to clarify spects that have been hindering the process of granting the allowances, and ensure a fair and transparent review procedure in cases of initial rejection;
(e) Ensure that training is provided for professionals working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel.
The Committee welcomes the introduction of compulsory education up to 18 years of age, and also notes the introduction of policies to increase the enrolment of children in preschool education, the number of children completing secondary education, including the New Opportunities Initiative, the number of students enrolled in tertiary education, and the enrolment levels of children from low-income families. The Committee also welcomes information that undocumented children have access to education in the State party and that citizenship and civic education, including human rights, forms part of the national curriculum at all school levels. The Committee is nevertheless concerned that the current financial crisis is severely affecting education in Portugal and is having a significant impact on the resources available for education, and that programmes are being discontinued. It is also concerned at regional disparities in preschool education coverage and at the high number of students dropping out of school with low skills. The Committee is further concerned at the persistence of traditional gender stereotypes in the education system of the State party.
Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Refrain from further budgetary cuts in the education sector, and ensure that schools are provided with adequate human, technical and financial resources to provide high-quality education for all children;
(b) Provide greater access to preschool education for all children by expanding the public services and increasing support to the Programme for Support with Extending the Preschool Education Network to include the neediest municipalities and those furthest away from towns and cities;
(c) Strengthen efforts to reduce the premature dropout rate and take the necessary measures to ensure that children complete their schooling, including addressing the reasons behind the non-completion of schooling and repetition of grades through concrete actions, in line with the commitment of Portugal in the context of the European Union Strategic Framework for European Cooperation in Education and Training;
(d) Expand vocational education and training for children who have left school, enabling them to acquire competencies and skills to enhance their work opportunities;
(e) Strengthen the national plan of action for human rights education, as recommended in the framework of the World Programme for Human Rights Education proclaimed by the General Assembly in its resolution 59/113 of 10 December 2004;
and mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training are made an integral, substantive and mandatory component of all teacher training at all levels.
Q
Qatar
(22 June 2017, CRC/C/QAT/3-4, Concluding observations on the combined third and fourth periodic reports, Paras. 13, 14, 24, 29 and 31) - 75th session
“The Committee recognizes that the State party has initiated steps to expand education for girls, improve their safety and protect them against violence, but remains deeply concerned that they continue to be subject to multiple gender-based discrimination from the earliest stages of life, and throughout childhood and adolescence due to the persistence of adverse and traditional attitudes and norms, and that no systematic efforts have been undertaken, including with religious leaders, opinion makers, and the mass media, to combat and change discriminatory attitudes and practices.”
“The Committee urges the State party to:
(a) Formulate a comprehensive strategy, including a clear definition of targets and the establishment of a monitoring mechanism, to modify and eliminate negative attitudes and practices and deep-rooted stereotypes that discriminate against girls;
(b) Undertake such efforts in coordination with a wide range of stakeholders, especially girls, and involve all sectors of society, so as to facilitate social and cultural change and the creation of an enabling environment that promotes equality;
(c) Monitor such efforts and regularly assess progress made towards the achievement of established goals, and include an assessment of the results achieved in its next periodic report.”
“In the light of target 5.2 of the Sustainable Development Goals on eliminating all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation, and with reference to recommendations made by the Committee on the Elimination of Discrimination against Women (see CEDAW/C/QAT/CO/1, para. 24) and the Committee on the Rights of Persons with Disabilities (see CRPD/C/QAT/CO/1, para. 32), the Committee urges the State party to:
(a) Establish a comprehensive domestic violence protection system, as envisaged in the State party’s National Development Strategy 2011-2016, and adopt specific legislation to criminalize all forms of violence against women and girls, including domestic violence and marital rape, with no exceptions and within a clear time frame;
(b) Ensure that allegations of crimes related to gender-based violence are independently and thoroughly investigated and that perpetrators are brought to justice;
(c) Provide regular and substantive training for judges, lawyers, prosecutors, the police and other relevant professional groups on standardized, gender- and child-sensitive procedures for dealing with child victims and on how gender stereotyping by the judiciary negatively affects strict law enforcement;
(d) Systematically collect data on violence against women and girls, disaggregated by age and relationship between victim and perpetrator.”
“While noting the adoption of the National Health Strategy 2011-2016, which includes an inclusive education component, and with reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee’s previous recommendation (see CRC/C/QAT/CO/2, para. 51), and the recommendation of the Committee on the Rights of Persons with Disabilities (see CRPD/C/QAT/CO/1, paras. 16 and 44), the Committee recommends that the State party continue to promote a human rights-based approach to disability, paying particular attention to girls with disabilities and children with disabilities living outside of the city, and:
(a) Continue to collect disaggregated data on children with disabilities and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(b) Strengthen its measures to ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(c) Reallocate resources from segregated educational settings towards quality, inclusive education with the provision of reasonable accommodation and individual support, accessible environments and curricula, for all students with disabilities in mainstream schools and mandatory in-service training of all teachers and staff in education facilities on quality, inclusive education;
(d) Train and assign specialized teachers and professionals to work in inclusive classes, providing individual support and assistance to children with learning difficulties;
(e) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children;
(f) Ensure safeguards to protect the rights of girls and boys with disabilities and ensure that they are consulted with regard to matters that concern them and that they receive appropriate assistance in this regard.”
“While welcoming the continuous efforts of the State party to promote education, the Committee reiterates its previous recommendation (see CRC/C/QAT/CO/2, para. 57) and, with reference to its general comment No. 1 (2001) on the aims of education and the recommendation of the Committee on the Elimination of Discrimination against Women (see CEDAW/C/QAT/CO/1, para. 34), recommends that the State party:
(a) Strengthen its efforts to expand non-stereotyped educational curricula, addressing the structural causes of gender-based discrimination, and diversify the educational and vocational choices of girls and boys;
(b) Develop a national plan of action for human rights education, as recommended in the framework of the World Programme for Human Rights Education.”
(14 October 2009, CRC/C/QAT/CO/2, Concluding observations on second report, paras. 50, 51, 56, 57, 60 and 61)
“The Committee commends the State party for the efforts made to ensure that the rights of children with disabilities are observed, particularly in the area of health and education including through the establishment of various institutions offering treatment, training, social and advisory services.... However, the Committee is of the view that access to quality education, health and leisure for children with disabilities needs further strengthening.
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party: ...
c) provide all children with disabilities with access to adequate social and health services, quality education, physical environment, information and communication, and strengthen its efforts to standardize service provision.
“The Committee notes with appreciation that the State party provides free primary school education for all children, including non-citizen children.... However, the Committee is concerned that only boys can access the Qatar Leadership Academy.
“In the light of articles 28 and 29 of the Convention and taking into account the Committee’s general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party: ...
d) consider opening the opportunity to girls to participate in the Qatar Leadership Academy.
“While noting that the State party allows the establishment of private schools run by expatriate communities, the Committee remains concerned that the children of migrant workers employed in the private sector may not always have access to public schools....
“The Committee recommends that the State party ensure access to public schools to all children, including to children of migrant workers employed in the private sector.... The Committee also recommends that the State party consider ratifying the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.”
R
(20 October 2006, CRC/C/COG/CO/1, Concluding observations on initial report, paras. 26, 56, 57, 68, 69, 73, 74, 88 and 89)
“... the Committee is concerned at the visible gender-based discrimination in education, clearly reflected in the ratio boys/girls in schools....
“... The Committee is also concerned that children with disabilities are not included in regular schools as much as possible.
“The Committee recommends that the State party, in accordance with the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted at its day of general discussion on the rights of children with disabilities held on 6 October 1997 (CRC/C/69, paras. 310-339):
a) further encourage the inclusion of children with disabilities into the regular education system and their inclusion into society;
b) pay more attention to special training for teachers and make the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“... the Committee is concerned at the limited access of indigenous children to education.
“The Committee recommends that the State party: ...
b) ensure that primary education is free of direct and hidden costs and compulsory, and that all children are enrolled in mandatory school;
c) pay specific attention to disparities in access to schools based on sex, socio-economic, ethnic and regional grounds, and ensure all children’s full enjoyment of the right to education....
e) undertake additional efforts to ensure access to informal education to those children who dropped out of school before graduation, including indigenous children, street children, orphans, children with disabilities, and former child soldiers....
“In this respect, the Committee draws the attention of the State party to its general comment No. 1 (2001) on the aims of education....
“The Committee notes with satisfaction that the revised asylum policy in place has enhanced the protection of asylum-seeker and refugee children who are unaccompanied or separated from their parents. However, the Committee is concerned that access to education and health is not fully guaranteed for refugee children. The Committee is also concerned at reports of increased violence and discrimination against refugee children, especially from Rwanda, and at the fact that Rwandan children are not integrated in the regular education system.
“The Committee recommends that the State party ensure access to health and education to all refugee children in the country....
“... the Committee is concerned at the alarming situation of [indigenous populations], in particular indigenous children, who are victims of economic exploitation, systematic violence, including rape, and systematic discrimination, in particular with respect to access to health services, education and birth registration....
“The Committee recommends that the State party: ...
d) take affirmative measures to ensure that indigenous children gain de facto enjoyment of their rights, in particular in the area of health and education; and
e) take due account of the recommendations adopted by the Committee following its day of general discussion on the rights of indigenous children held in September 2003.”
(January 2009, CRC/C/COD/CO/2 Unedited version, Concluding observations on second report, paras. 28, 52, 65, 66 and 75)
“The Committee notes with interest the measures taken to eliminate the disparity between education of girls and of boys, in particular through the acceleration strategy for education of girls (2003-2007). The Committee is nevertheless deeply concerned that certain groups of children face discrimination and marginalization, including children with disabilities .... The Committee also expresses its concern at the persisting societal discrimination against girls.
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: ...
e) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
f) consider signing and ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee recognizes the Constitutional provision for free public primary education but notes with concern that, in reality, schooling costs remain relatively high. The Committee welcomes the ‘Initiative 25 pour 2005’, which aims to ensure gender parity in schools. However, the Committee notes with concern that, despite governmental efforts, school enrollment rates in primary and secondary schools are low, particularly for girls, children living in rural areas and children from vulnerable groups....
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education: ...
c) continue its efforts to reduce gender disparities in access to and full enjoyment of the right to education; ...
g) promote early childhood education and take steps to provide access to such education for children in all regions....
“The Committee urges the State party, taking into account the Committee’s general comment No. 6 (2005) on the treatment of unaccompanied children and separated children outside their country of origin, to continue and strengthen its efforts in order to ensure that all refugees and displaced persons, particularly children, are provided with adequate and appropriate assistance, including food, medical and psychological care and access to education....”
Republic of Korea
(2 February 2012, CRC/C/KOR/CO/3-4, Concluding observations: Republic of Korea, paras. 51 and 52)
“The Committee welcomes the Act on Supporting the Welfare of Disabled Children, its Rehabilitation Program for Children with Disabilities and the Childrearing Assistance Program for Families with Disabled Children. However, the Committee is concerned that government assistance for children with disabilities is only provided to low income households and does not cover physical therapy and vocational training. The Committee is further concerned about the difficulties children with disabilities, particularly females, face in receiving education, about the limited availability of special education teachers and supervisors, and about the fact that the majority of children with disabilities receive their education in special schools or classes that are segregated from children without disabilities.
“The Committee urges the State party to take into account the Committee’s general comment No. 9 ( 2006 ) on the rights of children with disabilities and:
(a) Provide appropriate assistance to all children with disabilities;
(b) Facilitate access to education for children with disabilities and undertake measures to increase the number of special education teachers and further strengthen its measures to provide adequate training to teachers and school supervisors with a view to ensuring that children with disabilities have their educational needs fully catered to;
(c) Implement the Bill for the Special Education of Persons with Disabilities more effectively, by inter alia supporting it with adequate budget and personnel;
(d) Ensure that, whenever possible, inclusive education is provided for children with disabilities.”
(18 March 2003, CRC/C/15/Add.197, Concluding observations on second report, paras. 50, 51, 52 and 53)
“The Committee is ... concerned at reports that a significant number of children with disabilities are abandoned each year, that many cannot attend school and when they do attend school they are segregated from other students.
“The Committee recommends that the State party, in accordance with the recommendations arising from the Committee’s day of general discussion, held in 1997, on children with disabilities, and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex): ...
b) undertake a comprehensive survey of the number of children with disabilities, including those currently not attending school, which assesses their educational needs and access to education and other social services;
c) expand existing programmes aimed at improving the physical access of children with disabilities to public buildings and areas, including schools and recreational facilities, and increase the number of integrated education programmes at pre-primary, primary, secondary and tertiary levels.
“The Committee is concerned that ... while there is no disparity in enrolment rates of girls and boys in primary education, significantly fewer girls than boys attend higher education....
“The Committee recommends that the State party: ...
c) take effective measures to ensure that higher education is accessible to all on the basis of capacity, by promoting the enrolment of girls and addressing persistent gender stereotypes....”
(January 2009, CRC/C/PRK/CO/4 Unedited version, Concluding observations on third/fourth report, para. 43)
“The Committee recommends that the State party, taking into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) and the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993, continue to strengthen measures to protect and promote the rights of children with disabilities, by, inter alia: ...
d) pursuing efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible; ...
f) considering the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol.”
Republic of Moldova
(20 October 2017, CRC/C/MDA/4-5, Concluding observations on the combined fourth and fifth periodic report, paras. 15, 22, 29, 30 and 36)- 76th session
“While noting the efforts of the State party in preventing and combating discrimination, the Committee recommends that the State party:
(a) Intensify efforts to ensure the effective elimination of any form of discrimination against children with disabilities, children belonging to ethnic minorities, in particular Roma children, lesbian, gay, bisexual, transgender and intersex children, and other groups of children in vulnerable situations, including children living in poverty, children remaining behind while their parents migrate abroad, and children in street situations. Such measures should include, among other things, the modification of relevant laws, continued training on police sensitivity and responsiveness to minorities, and awareness-raising campaigns and education, especially at the community level and in schools;”
“While noting the approval of Law No. 263 in 2011 on the protection of children against sexual exploitation and sexual abuse, the Committee is seriously concerned that the incidence of sexual abuse and exploitation of children has increased, including within the family, and in particular involving girls. It is also concerned about reports of inaction by law enforcement officials in investigating cases and even direct involvement of such officials as perpetrators of such abuse”
“The Committee welcomes the legislative measures taken to further protect the rights of children with disabilities, efforts to integrate children with disabilities into mainstream education as part of the National Education Strategy, the Programme for the Development of Inclusive Education, and efforts to increase social allowances and support for caretakers and children with disabilities. However, it is concerned that:
(a) Children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life, including the education system;
(b) Curricula are not adapted for children with disabilities and there is an inadequate number of qualified teachers in special and inclusive education for children with disabilities;
(c) There is a high rate of institutionalization of children with disabilities, especially those with psychosocial and/or intellectual disabilities, in facilities in inhumane conditions, where they are exposed to neglect and segregated from the community;
(d) Health care and rehabilitation services are inadequate;
(e) Financial assistance and other support services to families with children with disabilities are also inadequate;
(f) There is inadequate data on children with disabilities, including those who have not been identified as such and provided with disability identification cards to gain access to social services.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, and taking note of targets 4, 8, 10 and 11 of the Sustainable Development Goals, the Committee urges the State party to adopt a human rights-based approach to disability and recommends that it:
(a) Continue to strengthen efforts to implement the requisite legislative framework and policies for the effective protection of the rights of children with disabilities, and take all the measures necessary to ensure that such children are integrated fully into all areas of social life;
(b) Strengthen access to inclusive education at all levels, including preschool and high school education, for all children with disabilities, including psychosocial disabilities, ensure that all schools are accessible and continue to develop tools and the capacity of teachers, including those qualified in sign language;
(c) Step-up efforts to adapt school activities, materials and the environment and provide accessible transportation to district schools for children with disabilities;
(d) Continue efforts to deinstitutionalize children with disabilities, strengthen support to families with such children, including financial support, in particular in rural areas, expand the mobile social service teams and personal assistance social service programme, and ensure an equal and fair budgeting process for the latter;
(e) Develop and implement a comprehensive strategy on early childhood development and disability prevention, raise awareness among professionals working with children and parents on early detection of developmental delays and intervention programmes for children at risk, and expand access to rehabilitation services in the State party;
(f) Strengthen overall coordination of health, education and social services to promote the social inclusion of children with disabilities, including promoting integrated services, to ensure comprehensive services for children with special educational needs;
(g) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities;
(h) Ensure that all children with disabilities are provided with identification cards to access social services.”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of targets 4.1, 4.2, 4.5 and 4.a of the Sustainable Development Goals, the Committee urges the State party:
(a) To ensure the right to compulsory and free education for all children at the primary and secondary levels, and continue efforts aimed at improving access to education, including preschool, by Roma children, in particular girls, and children from poor families, especially in rural areas, by addressing barriers to education, including inadequate funding, socioeconomic reasons, and transportation;
(b) To strengthen efforts to improve the retention and reduce the dropout rate, in particular by addressing the practice of child marriage, and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school, and ensure adequate facilities and equipment;
(c) To conduct a holistic review of the school curricula at all levels in order to offer a quality curricula that meets the needs and interests of the child, including by integrating cultural diversity, and adapting the school environment to promote inclusiveness of ethnic minorities in the classroom and regarding extracurricular activities;
(d) To take measures to increase the overall quality of education, in particular with respect to schools in rural areas, increase the number of qualified teachers and provide teaching materials, books and teaching methodologies;
(e) To ensure that all schools meet standardized quality standards with respect to water and sanitation facilities, and ensure access to play areas and other athletic and cultural facilities for all children, in particular those from marginalized backgrounds;
(f) To promote mother-tongue and bilingual education at all levels by qualified bilingual teachers;
(g) To continue to expand access to early education for all children and continue to improve facilities, including the provision of teaching materials and books, and teaching methodologies.”
(31 October 2002, CRC/C/15/Add.192, Concluding observations on initial report, paras. 26, 37, 38, 41, 42, 49 and 50)
“The Committee is concerned that the principle of non-discrimination is not fully implemented for children living in institutions, children with disabilities, street children, children with HIV/AIDS, children of Roma origin and other ethnic minorities, especially with regard to their access to adequate health care and educational facilities.
“The Committee expresses its deep concern at the increasing number of children with disabilities and at the insufficient support provided to their families. It further notes that there are few efforts to integrate these children in mainstream education....
“In light of article 23 of the Convention, the Committee recommends that the State party: ...
f) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools and public facilities accessible....
“The Committee notes with concern the declining expenditure on education, which affects in particular pre-school education, especially in rural areas....
“In light of articles 28 and 29 of the Convention, the Committee recommends that the State party:
a) develop a national strategy on education for all, and a clear plan of action, taking into account the Dakar Framework for Action....
“The Committee is concerned that, despite pilot programmes aimed at improving the situation of the Roma in certain provinces, they still suffer from widespread discrimination which has in some instances curtailed Romani children.s right to education, health and social welfare.
“The Committee recommends that the State party:
a) initiate campaigns at all levels and in all provinces aimed at addressing the negative attitudes towards the Roma in society at large and in particular amongst authorities and professionals providing health, education and other social services;
b) develop and implement a plan aimed at integrating all Roma children into mainstream education and prohibiting their segregation in special classes, and which would include pre-school programmes for Romani children to learn the primary language of schooling in their community;
c) develop curriculum resources for all schools which include Romani history and culture in order to promote understanding, tolerance and respect of the Roma community in Moldovan society.”
(30 January 2009, CRC/C/MDA/CO/3 Unedited version, Concluding observations on third report, paras. 25, 50, 51, 62 and 63)
“The Committee is concerned that ... Roma children are still victims of discriminatory treatment and have reduced access to education, health and an adequate standard of living....
“The Committee notes the efforts of the State party aimed at assisting children with disabilities but is concerned at the persisting inadequacy of educational, social and health services for children with disabilities and their families in their own living environment. In particular, the Committee notes that there remain many hurdles to ensuring equal access to education for children with disabilities and that, due to the absence of modern approaches to special education and adequate special facilities in schools, many children with mental and physical disabilities are institutionalised or leave school altogether.
“The Committee recommends that the State party, in accordance with article 23 of the Convention and taking into account General Comment No. 9 (CRC/C/GC/9), continue to strengthen measures to protect and promote the rights of children with disabilities, inter alia by:
a) developing a comprehensive policy for the protection of children with disabilities and for their equal access to social, educational and other services; ...
c) pursuing efforts to ensure that children with disabilities, including moderate and severe developmental disabilities, are able to exercise their right to education to the maximum extent possible; ...
f) providing training for professional staff working with children with disabilities, such as teachers, social workers and health care workers;
g) ensuring the implementation of the Standard Rules for the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96); ...
i) considering the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol; ....
“The Committee is concerned that school enrolment rates of Roma children are lower than those of non-Roma children at all educational levels, that a significant proportion of Roma children do not attend primary school compared to non-Roma children and that only half of Roma children attend secondary school. The Committee is also concerned at the limited possibilities for instruction in the Roma language.
“The Committee recommends that the State party:
a) take measures to address ethnic disparities in accessing education;
b) develop and implement strategies and programmes to ensure access to mainstream education for Roma children;
c) ensure that appropriate safeguards are in place to guarantee the optimal enjoyment by Roma children of the right to education.”
Romania
(13 July 2017, CRC/C/ROM/5, Concluding observations on the fifth periodic report, paras. 16, 17, 31, 32, 38 and 43)- 75th session
“While noting the information provided by the State party on two orders aimed at preventing school segregation and law No. 331/2015 amending the asylum legislation, the Committee remains deeply concerned that:
(a) Roma children; children with disabilities; asylum-seeking and refugee children; lesbian, gay, bisexual, transgender and intersex children; and children living in remote rural areas continue to face discrimination with regard to access to education, health care, employment and a decent standard of living;
(b) Girls continue to be subject to multiple gender-based discrimination, particularly when they are in marginalized and disadvantaged situations, and are more exposed to violence and exclusion.”
“The Committee urges the State party to ensure full implementation of relevant existing laws prohibiting discrimination, including by enforcing appropriate monitoring and complaints mechanisms, strengthening public education campaigns to address stigmatization of and discrimination against Roma children; children with disabilities; girls; asylum-seeking and refugee children; and lesbian, gay, bisexual, transgender and intersex children; and, in particular, to ensure their equal access to education, health care, employment and a decent standard of living. The Committee also recommends that, when addressing stigmatization of and discrimination against Roma children, the State party ensure that it is done in a sensitive way, to avoid aggravating their segregation.”
“The Committee notes the re-establishment of the National Authority for People with Disabilities and the adoption of the Strategy on the Rights of Persons with Disabilities and Roma Inclusion, but remains concerned that the State party does not have a human rightsbased model for disability and that:
(a) There is no national policy on disability that specifically addresses children;
(b) There is neither an effective and easily accessible data-collection system nor a system for diagnosing disability;
(c) Children with disabilities are still placed in specialized institutions and classes and that teachers and professionals need more specialized training to be able to provide appropriate and individual support in inclusive classes;
(d) Children with disabilities have limited access to health care, including sexual and reproductive health care and early detection and intervention programmes.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee reiterates its previous recommendation (see CRC/C/ROM/CO/4, para. 61) and urges the State party to:
(a) Develop a national policy on disability with a human rights perspective that specifically addresses children with disabilities and aims to ensure their full participation in the society, and include the issues related to children with disabilities in the State party’s priorities for the period 2017-2020;
(b) Provide sufficient human and financial resources for the implementation of the Strategy on the Rights of Persons with Disabilities and Roma Inclusion and for the National Authority for People with Disabilities to carry out its mandate effectively;
(c) Organize data collection on children with disabilities, make the data easily accessible and develop an efficient system for diagnosing disability, which is necessary for putting in place appropriate policies and programmes for children with disabilities;
(d) Set up comprehensive measures to develop inclusive education and ensure that children with disabilities are not placed in specialized institutions and classes;
(e) Train and assign specialized teachers and professionals in inclusive classes to provide individual support and all due attention to children with learning difficulties;
(f) Take immediate measures to ensure that children with disabilities have access to health care, including sexual and reproductive health care and early detection and intervention programmes;
(g) Undertake awareness-raising campaigns aimed at government officials, the public at large and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on all girls and boys completing free, equitable and quality primary and secondary education, the Committee recommends that the State party:
(a) Ensure implementation of the Law on Education (2011) by providing adequate funding and setting up mechanisms for monitoring and evaluating the impact of the National Strategies on Education and other educational measures;
(b) Strengthen its efforts to improve access to quality education in rural areas and for children from poor families, including access to preschool, secondary and higher education;
(c) Facilitate the participation and inclusion of Roma children in mainstream education at all levels, including preschool education, raise awareness of teachers and staff of psychological and pedagogical counselling centres about the history and culture of Roma people and provide them with sufficient guidance on how to effectively include Roma children in mainstream education;
(d) Develop programmes with monitoring and evaluation mechanisms to reduce dropout rates and develop and promote quality vocational training to enhance the skills of children and adolescents, especially those who drop out of school;
(e) Take the necessary measures to improve the quality of education and provide quality training for teachers, with particular emphasis on rural areas;
(f) Provide necessary funding and measures to improve school transportation, eliminate hidden cost of education, improve sanitary conditions and provide necessary services to support children’s access to education at the local level in particular;
(g) Take necessary nationwide measures for awareness-raising, prevention and intervention in the cases of school violence and bullying, involving the training of professionals, parents and children.”
“The Committee recommends that the State party: (a) Identify trafficking victims among vulnerable populations, particularly poor communities and girls, and provide them with appropriate rehabilitation and counselling services, and provide specialist training for and enhanced resources to the professionals working with child victims of trafficking;”
(12 June 2009, CRC/C/ROM/CO/4 Advance unedited version, Concluding observations on third/fourth report, paras. 60, 61, 76, 77, 95, 96, 97 and 98)
“... While noting the decrease in the number of children with disabilities in institutions, the Committee is concerned that: ...
c) many children are identified as mentally disabled and referred to schools for children with special needs, while they are often delayed developmentally or because of their social, emotional, or cognitive deprivation and are not disabled; ...
f) social stigmatization of children with disabilities persists and as a result some children are kept “hidden” in the home by their parents, which prevents them from receiving necessary services, including mainstream education, and from participating in social life....
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, and with particular reference to art. 23 of the Convention, the Committee recommends that the State party: ...
d) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
g) continue and complete its plans for ratifying the International Convention on the Rights of Persons with Disabilities, and examine the possibility of ratifying its Optional Protocol....
“The Committee notes with appreciation the numerous efforts of the State party in the sphere of education, aiming to guarantee the objectives set out in the Convention, including the programmes to ... reduce the disadvantages in education affecting children living in rural areas.... However, the Committee is concerned that:
a) enrolment in primary school has decreased, the number of school drop-outs has increased significantly in recent years, affecting children from urban areas and disproportionately children of Roma origin; ...
c) despite measures taken, including the training and recruitment of school mediators, Roma children continue to have a significantly lower pre-school and primary school enrolment rate, many experience some form of school segregation, have lower school attendance rates, and may be wrongly enrolled in special schools as families cannot afford education-related costs;
d) despite some efforts, children with disabilities continue to experience discrimination in accessing mainstream education and the majority do not attend any form of education, while of those who do, the majority attend special schools;
e) nearly a third of children with mental disabilities do not have access to any form of education because most special schools do not accept children with severe mental disabilities; ...
g) the quality of education varies across communities with marked rural-urban disparities and in general is undermined by, inter alia, overloaded and inefficient curricula, school shifts and inadequate school infrastructure, including poor sanitation, condition of the buildings, and equipment, especially in segregated schools;
h) while kindergarten infrastructure is insufficient in responding to the needs of the overall population, pre-schools available to the Roma are mainly organised by NGOs; ...
j) many children with disabilities in institutions are not offered solutions for re-integration into the community which may lead to their automatic transfer to residential care institutions for adults.
“The Committee recommends that the State party: ...
b) invest considerable additional resources in order to ensure the right of all children to a truly inclusive education; ...
d) involve Roma parents and communities in the development of educational curricula appropriate for and sensitive to the Roma culture and customs, provide material assistance adjusted to children’s conditions of living and respect the children’s language and culture in the interactive learning processes and social life in school;
e) introduce intercultural education and education for tolerance at all levels of the education system; ...
g) enhance and improve the accessibility of kindergarten and pre-school education for Roma and deprived children, in order to prepare them for school and provide opportunities to engage in play and sports;
h) raise awareness among school directors about the legal provisions banning school segregation adopted in July 2007;
i) develop a formal system for providing alternative, community based pre-school opportunities for rural children.
“The Committee notes that article 118 of the Law on Education recognizes the right of persons belonging to national minorities to receive education in their mother tongue, and that the State party has ensured in practice that education conducted completely or partially in their mother tongue, or the study of their mother tongue, is available to children belonging to a number of minorities, including the Roma. However, the Committee notes that despite efforts to improve the situation, there may be too few opportunities to use their mother tongue and culture for all minorities with special attention to the Roma....
“The Committee recommends that the State Party ensures that its policies, measures and instruments apply without discrimination and aim to protect the rights of children belonging to all minorities, including Roma, and their rights under the Convention.
“As regards children of Roma minority, the Committee notes that schools and other institutions do not take into account the cultural and other needs of Roma children....
“The Committee in particular recommends that the State party:
a) develop comprehensive policy frameworks for the delivery of sustainable services to address the complex situation of Roma children and Roma families, including ... education ...
c) strengthen its efforts to remove discrimination and to continue developing and implementing - in close collaboration with the Roma community itself - policies and programmes aimed at ensuring equal access to culturally appropriate services, including ... education....”
(18 March 2003, CRC/C/15/Add.199, Concluding observations on second report, paras. 48, 49, 52, 54, 55, 64 and 65)
“The Committee is concerned that disabled children in Romania remain disadvantaged in the enjoyment of their rights guaranteed by the Convention. The Committee is concerned, among other things, that:
a) children with disabilities often have serious difficulty in obtaining transportation and in gaining access to public buildings, including hospitals and schools;
b) despite the efforts of the State party to promote inclusion, disabled children in practice have limited access to formal education....
“The Committee recommends that the State party:
a) review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and of the Committee’s recommendations adopted at its day of general discussion on the theme “The rights of children with disabilities” (CRC/C/69, paras. 310-339); ...
c) undertake greater efforts for inclusive education of children with all forms of disability and seek greater involvement of local communities in the process;
d) improve the physical accessibility of schools, and other public buildings....
“The Committee ... is concerned that:
a) the number of children from rural areas and the percentage of girls dropping out of school are disproportionately high; ...
d) children belonging to certain categories do not benefit from equal opportunities as concerns education (i.e. children from less favoured families, children with disabilities, children affected by HIV/AIDS, children living in the streets and the Roma and refugee children).
“The Committee notes:
a) that the legislation (Law 48/2002) provides special protection for vulnerable persons, but remains concerned that de facto discrimination persists regarding access to education, health care and social benefits....
“The Committee recommends that the State party:
a) ensure the availability of Romanian language courses, as stipulated by law, to facilitate the integration of asylum-seeker and refugee children in the education system;
b) consider preferential treatment for refugees to benefit from exemptions from reductions in tuition fees for upper secondary and university education....
“The Committee welcomes the implementation of strategies aimed at improving Roma children’s rights to health-care services and inclusion in education (e.g. through the use of health and education mediators and supportive tuition in the Roma language).... However, it remains concerned at the negative attitudes and prejudices of the general public, in the political discourse and media representations as well as at incidents of police brutality and discriminatory behaviour on the part of some teachers and doctors.
“In accordance with articles 2 and 30 of the Convention, the Committee recommends that the State party:
a) initiate campaigns, at all levels and in all regions, aimed at addressing the negative attitudes towards the Roma in society at large, in particular among authorities such as the police and professionals providing health care, education and other social services;
b) based on the evaluation of previous strategies, develop and implement a comprehensive strategy for improving access to primary health care, education and social welfare services, in cooperation with Roma NGO partners, and targeting the whole Roma child population;
c) develop curriculum resources for all schools, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for Roma in Romanian society.”
Russian Federation
(3rd July 2018, CRC/C/OPSC/RUS/CO/1, Concluding observations on the report submitted by the Russian Federation under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 5, 6, 18 and 19) - 78th Session
“The Committee welcomes the data provided by the State party in relation to the offences against children under the Optional Protocol. However, it is concerned that:
(a) The data provided is not disaggregated by nationality, ethnic origin, socioeconomic background, disability and geographical area, and whether or not the child belongs to a migrant family or is an unaccompanied child migrant…”
“The Committee urges the State party to…
(b) Disaggregate the data collected, inter alia, by sex, age, nationality, ethnic origin, socioeconomic background, disability and geographical area with a focus on children at specific risk of becoming victims of the offences covered by the Optional Protocol, such as children accompanying their migrant families and unaccompanied child migrants.”
“While noting the information provided by the State party concerning its activities to prevent offences under the Optional Protocol as set out, among others, in paragraph 176 of the State party’s report, the Committee is seriously concerned about the insufficient efforts to identify children in need of protection among children in vulnerable and marginalized situations, such as migrant, asylum-seeking and refugee children, children in places of detention, children in closed institutions, children with disabilities and children in psychiatric institutions. It is also concerned that some child victims and children at risk of becoming victims of offences under the Optional Protocol are regarded as potential offenders.”
“The Committee urges the State party to strengthen its efforts to identify and detect children at risk of falling victim to offences under the Optional Protocol, especially among migrants, asylum-seeking and refugee children, children in places of detention, children in closed institutions, children with disabilities and children in psychiatric institutions. It also recommends that the State party train its law enforcement officials and adopt standard operating procedures to always regard victims or children at risk of becoming victims of offences under the Optional Protocol as victims or potential victims and not as offenders.”
(25 February 2014, CRC/C/RUS/4-5, Concluding observations on the combined fourth and fifth periodic reports, paras. 22, 23, 24, 25, 49, 50, 59, 60) - 65th Session
The Committee is concerned that no anti-discrimination legislation has been adopted in the State party to date and that no definition of racial discrimination has been legally established. The Committee is also concerned that discrimination continues to be prevalent against children in marginalized and disadvantaged situations, such as children belonging to minority groups, Roma children, the children of migrant workers, the children of stateless persons, girls in the North Caucasus and children who are not registered as permanent residents. The Committee is particularly concerned about the increasing number of children joining nationalist movements which are involved in hate crimes against minority groups.
The Committee urges the State party to adopt a comprehensive antidiscrimination law, including a definition of racial discrimination, and ensure that it covers and criminalizes discrimination on all grounds. In particular, it requests the State party to take urgent measures to prevent discrimination against children in marginalized and disadvantaged situations, including children belonging to minority groups, Roma children, the children of irregular migrant workers, the children of stateless persons, girls in the North Caucasus and children who do not possess permanent residence registration (propiska). The Committee urges the State party to take measures to prevent the involvement of children in nationalist movements by educating them on non-discrimination and human rights principles. The Committee further recommends that the State party include information in its next periodic report on measures and programmes relevant to the Convention and activities undertaken by the State party in follow-up to the Durban Declaration and Programme of Action, adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference.
The Committee is also concerned at the recent legislation of the State party prohibiting “propaganda of unconventional sexual relationships”, generally intended protect children, but which encourages the stigmatization of and discrimination against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, including children, and children from LGBTI families. The Committee is particularly concerned that the vague definitions of propaganda used lead to the targeting and ongoing persecution of the country’s LGBTI community, including through abuse and violence, in particular against underage LGBTIrights activists.
The Committee recommends that the State party repeal its laws prohibiting propaganda of homosexuality and ensure that children who belong to LGBTI groups or children from LGBTI families are not subjected to any forms of discrimination by raising the public’s awareness of equality and non-discrimination on the basis of sexual orientation and gender identity.
The Committee notes the new law laying the foundations of social services, which allows for social services to be provided to families with children with disabilities free of charge and mostly in the place of their residence (at home). The Committee also notes the legislative changes aimed at ensuring the inclusive education of children with disabilities in mainstream schools. However, the Committee is concerned at:
(a) The widespread institutionalization of children with disabilities owing to the established stigma associated with such children in the society and the absence of comprehensive social, psychological, medical, educational or legal assistance for families with children with disabilities;
(b) The practice of diagnosing children with mild developmental problems as having profound mental disabilities by boards of psychological, medical and educational specialists and medicating them, instead of providing other forms of therapy;
(c) Children in special institutions for children with mental disabilities being considered “unteachable” and denied any kind of stimulation for their development;
(d) The lack of appropriately qualified personnel in care institutions for children with disabilities and poor living conditions in such institutions, with overcrowded rooms which deprive children of personal space;
(e) The low percentage of children with disabilities in mainstream schools, despite the new Education Act that provides for inclusive education.
In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to ensure the conformity of its legislation, policies and practices with, inter alia, articles 23 and 27 of the Convention, with the aim of effectively addressing the needs of children with disabilities in a non-discriminatory manner. Furthermore, the Committee recommends that the State party take all the necessary measures to:
(a) Prevent mass institutionalization of children with disabilities and ensure sufficient alternative family- and community-based care options for children with disabilities deprived of a family environment, by educating the public and providing all the necessary support to families with children with disabilities;
(b) Employ independent medical experts to monitor and review the diagnosis of children with mental disabilities, especially children without family care, and their placement in special care institutions by boards of psychological, medical and educational specialists;
(c) Provide education and developmental activities to children with mental disabilities on a regular basis and stop the practice of categorizing children as “unteachable”;
(d) Provide the staff of care institutions for children with disabilities with necessary training and ensure that such institutions provide all the necessary services and appropriate living conditions for children with disabilities, in the absence of other family-based care options;
(e) Expedite the implementation of its legal provisions on inclusive education by training teachers, providing schools with the necessary equipment and sensitizing the school personnel, children and the public in general to the rights of children with disabilities, with special attention given to children with mental disabilities.
The Committee welcomes the fact that the age of compulsory education was raised from 15 to 18 years of age in September 2007. However, the Committee is concerned that the benefits of free and compulsory education do not extend to all children in the country.
In particular, it is concerned about:
(a) The widespread discrimination against migrant children and asylum-seeking, children in the process of admission into schools, and regular visits of representatives of school administrations to the homes of migrant pupils in order to report on their migration status;
(b) The new draft law presented to the Duma which stipulates non-admission of children of migrant workers who are not registered as taxpayers into schools and preschool establishments;
(c) The obligation for children of migrant workers to renew their permit of stay every 90 days by leaving the country, regardless of the length of their parents’ legal stay, thus interrupting their education;
(d) Segregation of Roma children in schools and the low level of primary education among such children, which limits their access to secondary education;
(e) Violence and bullying in schools against children who belong to LGBTI groups.
Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure that all children, including minority children, children of irregular migrant workers and asylum-seeking children in the territory of the State party have access to free and compulsory education up to the age of 18 years without any discrimination;
(b) Prevent discriminatory initiatives against children of migrant workers, including the new draft law on non-admission of children of migrant workers without a tax certificate;
(c) Abolish the rule that residence permits must be renewed every 90 days for children of migrant workers and ensure that those children are allowed to stay and study in schools for the duration of the residence permit of their parents;
(d) Put an end to the segregation of Roma children and provide them with equal access to quality education both in primary and secondary schools, by providing special preparatory classes, if required;
(e) Take urgent measures to prevent the bullying of LGBTI children in schools by educating children and school staff and punishing the perpetrators.
(23 November 2005, CRC/C/RUS/CO/3, Concluding observations on third report, paras. 23, 25, 49, 50, 64, 65, 66 and 67)
“The Committee is concerned at reports of incidents of discrimination against children belonging to different religious and ethnic minorities. It is also concerned that children belonging to minorities, and in particular Roma children, are more likely to be restricted in the full enjoyment of their rights, in particular with regard to health and education services....
“The Committee also requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, also taking into account general comment No. 1 (2001) on the aims of education.
“The Committee notes with concern that insufficient efforts are being made to include children with disabilities in the mainstream system of education as they are more often than not sent to corrective “auxiliary schools” and “correcting classes”. It is also concerned at the significant overrepresentation of children with disabilities in boarding schools.
“The Committee recommends that the State party take all necessary measures: ...
b) to ensure that children with disabilities have equal access to services, taking into consideration the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96);
c) to review the placement of children with disabilities in boarding schools with a view to limiting such placements only to those cases where they are in the best interests of the child;
d) to provide equal educational opportunities for children with disabilities, including by abolishing the practice of “corrective” and “auxiliary schools”, by providing the necessary support and by ensuring that teachers are trained to educate children with disabilities in regular schools.
“... Although the Committee commends the State party for the decrease in the number of adult illiterates and the decrease in the proportion of women illiterates, it is concerned about the number of adolescent illiterates and the increase in the proportion of girls among them....
“The Committee recommends that the State party:
a) take the necessary measures to ensure that all children have access to primary and secondary education; ...
c) strengthen efforts to bridge the racial disparity in education, giving special attention to promoting education of minority-language people....
“While the Committee welcomes the access to education provided to refugee children and asylum-seekers in the Moscow region, it is concerned that the remaining regions do not offer such access....
“The Committee recommends that the State party:
a) take the necessary legislative and administrative measures to ensure that refugee, asylum-seeking and internally displaced children enjoy access to education in all parts of the Russian Federation....”
Rwanda
(28th February 2020, CRC/C/RWA/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 15, 32, 33, 38 and 42) - 83rd Session
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure the full implementation of relevant laws prohibiting discrimination, including by adequately sanctioning perpetrators and providing child victims of discrimination with appropriate remedies;
(b) Ensure full access to education and health and social services for children in disadvantaged or vulnerable situations, including children with disabilities, children in street situations, children affected by HIV/AIDS, children living in poverty or in child-headed households and children from historically marginalized communities, including the Batwa..”
“The Committee welcomes the adoption of a national strategy for inclusive education and increased support for families of children with disabilities. However, it is seriously concerned that:
(a) Law No. 54/2011 does not provide protection for children with all types of disabilities, in particular psychosocial disabilities;
(b) School curricula are not adapted for children with disabilities and there is an inadequate number of teachers who are qualified to provide inclusive education for children with disabilities;
(c) Some families place their children with disabilities in residential care institutions so that they can obtain specialized services that are not available in their communities;
(d) Children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Amend legislation, including Law No. 54/2011, to ensure that the protection of children with disabilities extends to all types of disabilities, including intellectual and psychosocial disabilities;
(b) Guarantee all children, including those with intellectual and psychosocial disabilities, the right to inclusive education in integrated classes, with accessible environments and curricula and adequately trained teachers and professionals to provide individual support;
(c) Continue efforts to deinstitutionalize children with disabilities and strengthen support to families with such children, including financial support, for their social integration and individual development;
(d) Take all measures necessary to ensure that children with disabilities leaving alternative care are fully integrated into all areas of social life, including by providing access to adequate housing, legal, health and social services and educational and vocational training opportunities;
(e) Strengthen its awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities, especially children with psychosocial and intellectual disabilities, and promote a positive image of such children;
(f) Ensure that children with disabilities are consulted on matters that concern them.”
“The Committee commends the State party for the high primary school enrolment rates and welcomes the adoption of the education sector strategic plan for the period 2018–2025 and the early childhood development policy, but it is deeply concerned about the low secondary school enrolment rates. Taking note of targets 4.1 and 4.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Strengthen efforts to eliminate all hidden costs of schooling, in particular the practice of fees for teacher bonuses and educational materials, and address the school dropout rate at the secondary school level, especially among boys and Batwa children;
(b) Continue to improve the quality of education at all levels and in all districts, including by reducing the student-teacher ratio and improving school equipment and infrastructure, in particular electricity and sanitation;
(c) Ensure that pregnant girls remain in school and reintegrate pregnant girls and adolescent mothers into the school system by providing counselling in parenting skills and childcare facilities;
(d) Develop and promote vocational training for children and adolescents, including children with disabilities, asylum-seeking and refugee children and children in street situations;
(e) Allocate sufficient financial resources to the implementation of the national early childhood development programmes and ensure the effective coordination of relevant stakeholders at the district and sector levels.”
“The Committee remains deeply concerned about the persistent denial of the State party of the existence of minority groups and indigenous peoples, in particular the Batwa. The Committee reiterates its previous recommendations (CRC/C/RWA/CO/3-4, para. 57) and urges the State party…
(b) To combat all forms of discrimination faced by Batwa children and ensure that, in law and practice, Batwa children have full and equal access to education, adequate housing, health care and all other services without discrimination…”
(1 July 2004, CRC/C/15/Add.234, Concluding observations on second report, paras. 46, 47, 56, 57 and 75)
“The Committee welcomes the launching of a study to assess access to education by disabled children, but remains concerned at the lack of data on such children and at the inadequate legal and de facto protection of and the insufficient facilities and services for children with disabilities. Concern is also expressed at the limited number of trained teachers available to work with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion in the educational system and generally in society. The Committee also notes with concern the inadequate resources allocated to special education programmes for children with disabilities.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the recommendations adopted by the Committee during its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), it is recommended that the State party: ...
c) establish special education programmes for children with disabilities and, where feasible, integrate such children into mainstream schools and public life; ...
e) increase the resources, both financial and human, allocated to special education and the support to children with disabilities;
f) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, WHO and UNICEF.
“The Committee welcomes the fact that article 40 of the 2003 Constitution provides for free and compulsory education in public schools and that enrolment rates in primary education are similar for boys and girls, but is concerned that enrolment in schools is still low and that illiteracy is widespread. The Committee is also concerned at the gender and regional disparities in attendance, the high drop-out and repeat rates, the insufficient numbers of trained teachers, schools and classrooms, and the lack of relevant teaching material. In the light of article 29, paragraph 1, of the Convention, the Committee is also concerned at the quality of education in the State party.
“The Committee recommends that the State party take all necessary measures to:
a) progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities....
“The Committee is concerned at the situation of children belonging to minorities, including Batwa children, in particular their limited access to basic social services, including health care, immunization and education, and the violation of their rights to survival and development, to enjoy their own culture and to be protected from discrimination.”
S
Samoa
(12th July 2016, CRC/C/WSM/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 40, 41, 50 and 51) - 72nd Session
“The Committee notes with appreciation the establishment of the National Disability Centre, the disability task force, the revised National Policy for Persons with Disabilities 2016-2020, the Inclusive Education Policy for Students Living with Disability (2014) and the draft minimum service standards for primary and secondary schools, all of which aim to make schools accessible to children with disabilities and to ensure a safe learning environment for such children. It also notes the commitment of the State party to ratifying the Convention on the Rights of Persons with Disabilities by the end of 2016. The Committee is concerned, however, about:
(a) The lack of information about the results achieved by the National Policy for Persons with Disabilities 2009-2012 and the corresponding implementation plan;
(b) The stigmatization of children with disabilities, including children with mental disabilities, owing to cultural attitudes;
(c) The limited access to inclusive education and the lack of well-trained specialized teachers, especially for children with mental disabilities, and the limited access to all public buildings, public spaces and service delivery in all areas, especially in rural schools and communities;
(d) The limited funding available to non-governmental providers of services such as rehabilitation programmes and shelters for abandoned babies with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Systematically evaluate the National Policy for Persons with Disabilities 2016-2020 and the corresponding implementation plan and use the findings of the assessment to formulate future policies;
(b) Develop and launch awareness-raising programmes with a view to changing social misconceptions about children with disabilities, including children with mental disabilities, and eliminating stigmatization, in particular in rural areas and in the family;
(c) Strengthen its efforts to implement the Inclusive Education Policy for Students Living with Disability and allocate sufficient resources for programmes such as the Samoa School Fees Grant Programme, which supports families of children with disabilities;
(d) Ensure, including through international cooperation, that there are enough specialist teachers and professionals providing individual support in all schools and that professionals are adequately trained so that children with all kinds of disabilities can effectively enjoy their right to quality inclusive education;
(e) Improve access to all public buildings, spaces and services in all areas, especially in rural schools and communities;
(f) Provide adequate resources to non-governmental organizations that run services, rehabilitation programmes and shelters for children with disabilities;
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities as soon as possible.”
“The Committee welcomes the Samoa School Fees Grant Scheme and its extension to secondary education, as well as the improved enrolment rates and the reduction in dropout rates at the primary school level. The Committee is concerned, however, about:
(a) The hidden costs of education, such as registration fees, uniforms, transportation and lunches, in particular in rural areas;
(b) Low enrolment rates and high dropout rates at the secondary school level, which are also a consequence of the fact that the assistance provided through the Samoa School Fees Grant Scheme lasts only until year 11;
(c) The risk of pregnant girls dropping out of school owing to discrimination and stigmatization;
(d) Gender gaps in primary and secondary school, characterized by a lower enrolment rate of boys;
(e) Insufficient implementation of the minimum service standards for early childhood education.”
“In the light of its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee recommends that the State party:
(a) Provide sufficient and sustainable funding to the Samoa School Fees Grant Scheme so that assistance can last throughout secondary school;
(b) Address the barriers related to the hidden costs of education, in particular in rural areas, and provide a sufficient budget to the education sector;
(c) Take measures to increase enrolment and decrease the high dropout rates at the secondary school level, in particular for pregnant girls who are pressured to leave school because of stigma and discrimination, and ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(d) Analyse the root causes for the lower enrolment of boys in primary and secondary schools and implement appropriate actions to remedy the situation;
(e) Establish a monitoring mechanism to ensure that early childhood centres implement the minimum service standards for early childhood education, develop indicators for monitoring improvement and allocate sufficient financial resources for early childhood education.”
(16 October 2006, CRC/C/WSM/CO/1, Concluding observations on initial report, paras. 44 and 45)
“The Committee is concerned ... at the inadequate support given to children with special needs in the educational system.
“The Committee recommends that the State party: ...
b) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339);
c) encourage the inclusion of children with disabilities into the regular educational system, inter alia, by establishing special units in all communities, giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....”
San Marino
(27 October 2003, CRC/C/15/Add.214, Concluding observations on initial report, para. 3)
“The Committee notes with appreciation the many measures taken to implement the Convention, inter alia: ...
b) that all children with disabilities are in regular schools with the exception of severely disabled children....”
Sao Tome and Principe
(23 June 2023 CRC/C/STP/CO/5-6 Advance Unedited Version, Concluding observations on the combined fifth and sixth periodic reports, paras. 24, 32 and 43.) - Session 93
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: violence against children, children deprived of a family environment and education.”
“The Committee recommends that the State party ensure the realization of children’s rights in accordance with the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.
(29 October 2013, CRC/C/STP/CO/2-4, Concluding observations on the combined second to fourth periodic reports of Sao Tome and Principe, adopted by the Committee at its sixty-fourth session, paras. 54, 55 (16 September–4 October 2013) - Session 64
Education, leisure and cultural activities (arts. 28, 29 and 31 of the Convention)
Education, including vocational training and guidance
The Committee notes as positive the recent increase in primary school enrolment. However, the Committee is concerned that:
(a) Transitions from the first cycle of primary school (grades 1 to 4) to the second cycle (grades 5 to 6) and to high school are low, particularly for girls;
(b) Preschool and other early childhood education is inadequate, particularly for children in rural areas;
(c) The quality of education, particularly with regard to the management and training of teachers, is inadequate;
(d) Pregnant teenagers and adolescent mothers frequently face obstacles to continuing their education in normal day schools, and are required to attend night schools instead;
(e) Vocational training for adolescents, including those who drop out of school, is inadequate.
Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State Party:
(a) Take appropriate measures to ensure successful transition from the first cycle of primary school to the second cycle and to high school, with particular attention to girls, children living in rural areas and children living in situations of poverty;
(b) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development;
(c) Take the necessary measures to improve accessibility and the quality of education, and provide quality training for teachers, with particular emphasis on rural areas;
(d) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(e) Develop and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school.
(1 July 2004, CRC/C/15/Add.235, Concluding observations on initial report, paras. 42 and 52) - Session 36
“The Committee recommends that the State party: ...
b) develop inclusive policies and programmes for children with disabilities enabling them to actively participate in the life of the family and society;
c) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities and allocate adequate resources to develop services for children with disabilities, support their families and train professionals in the field;
d) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities adopted by the General Assembly in resolution 48/96, and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339); and
e) seek assistance from, among others, UNICEF and WHO.
“In the light of articles 28 and 29 of the Convention, the Committee recommends that the State party: ...
c) progressively ensure that girls and boys, from urban, rural and least developed areas have equal access to educational opportunities, without any financial obstacles....”
Saudi Arabia
(31st October 2018, CRC/C/OPAC/SAU/CO/1, Concluding observations on the report submitted by Saudi Arabia under article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 14, 15, 38 and 39)- 79th Session
“The Committee regrets the lack of data collection on children attending military schools and academies, as well as on asylum-seeking, refugee, migrant, unaccompanied and separated children who enter the State party and may have been recruited or used in hostilities abroad.”
“The Committee recommends that the State party establish a mechanism, accompanied by the training of necessary personnel, for the comprehensive collection of data, disaggregated by sex, age, nationality and ethnic origin, in respect of such children.”
“The Committee is concerned about the inadequacy of the mechanism for early identification of refugee, asylum-seeking and migrant children, including unaccompanied and separated children, who enter the State party and who may have been involved in armed conflicts abroad. It is also concerned about inadequate measures to support and protect child victims.”
“The Committee recommends that the State party:
(a) Strengthen the provision of systematic training on the early identification of refugee, asylum-seeking and migrant children, including unaccompanied and separated children, who enter the State party and who may have been involved in armed conflicts abroad, to all professionals working with or for children, particularly immigration personnel, law enforcement officers, judges, prosecutors, social workers and medical professionals;
(b) Adopt a comprehensive policy for the physical and psychological recovery and the social reintegration of all such children and allocate the necessary human, technical and financial resources for the implementation of the policy;
(c) Take all necessary measures to assist child victims, including careful assessment of the situation of children who may have been recruited to serve in armed conflicts, reinforcement of the legal advisory services available to them and the provision of immediate, culturally responsive, child-sensitive and multidisciplinary assistance;
(d) Seek technical assistance from the Office of the United Nations High Commissioner for Refugees (UNHCR) and continue to avail itself of technical assistance from the United Nations Children’s Fund (UNICEF) for the implementation of these recommendations.”
(31st October 2018, CRC/C/OPSC/SAU/CO/1, Concluding observations on the report submitted by Saudi Arabia under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6, 7, 20 and 21) - - 79th Session
“The Committee welcomes the creation of the General Authority for Statistics in 2015 and notes the measures that have been taken to address the challenges faced by the State party in compiling statistics. However, it notes with concern that the majority of offences relevant under the Optional Protocol reported in the State party relate to Internet-based child pornography and that almost all reported cases of trafficking in children, which is similar but not identical to the sale of children, were committed to force children to work or beg. The Committee is also concerned about…
(b) The limited progress made in compiling and reporting comprehensive and disaggregated data on all offences under the Optional Protocol.”
“The Committee recommends that the State party…
(c) Disaggregate the data it has been recommended to collect by, inter alia, sex, age, nationality and ethnic origin, region and socioeconomic status, with particular focus on children who are at risk of becoming victims of crimes under the Optional Protocol…”
“The Committee notes with appreciation the measures taken by the State party to prevent offences prohibited under the Optional Protocol, including through development plans, social development strategies and social support and social security benefit programmes to combat poverty, and to provide care and social safety nets for children in disadvantaged situations. The Committee is nevertheless concerned about:
(a) The fact that the State party continues to be a country of destination for persons, including children, trafficked for forced labour, domestic work and, in some cases, sexual exploitation;
(b) The absence of reliable data on the extent of the problem of persons, including children, living in poverty in the State party;
(c) The plight of women migrant domestic workers and of non-citizens without migrant worker status living in poverty in the State party and the concomitant vulnerability of their children to offences under the Optional Protocol.”
“The Committee recommends that the State party take more preventive measures to address all areas covered by the Optional Protocol. In particular, the State party should…
(c) Strengthen the referral and follow-up procedures, specialized mechanisms and procedures for the identification of children who are at risk of becoming or are victims of offences covered by the Optional Protocol, in particular for children in vulnerable situations, such as children living in poverty, migrant, refugee and asylum-seeking children — unaccompanied, separated or undocumented ones in particular — children in street situations and orphans;
(d) Cooperate with civil society organizations and community-based organizations in giving effect to the preceding recommendation and strengthen prevention programmes and the protection of potential child victims, in particular girls;
(e) With reference to its 2016 concluding observations on the Convention (CRC/C/SAU/CO/3-4, para. 40), ensure that the law prohibiting the recruitment of children as domestic workers is effectively implemented and that those who exploit children as domestic workers are held accountable;
(f) Seek technical support from UNICEF and other specialized agencies for more effective community awareness and engagement in addressing the harmful practices, negative social norms and behaviours contributing to the commission of offences covered by the Optional Protocol and to trafficking in children.”
(25th October 2016, CRC/C/SAU/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 6, 15, 16, 17, 18, 34 and 36) - 73rd Session
“The Committee remains concerned about the State party’s general reservation to the Convention, which provides for the precedence of sharia law over international treaties and undermines the effective implementation of the Convention…”
“The Committee expresses deep concern that, in spite of the repeated recommendations made by international human rights mechanisms, the State party still does not recognize girls as full subjects of rights and continues to severely discriminate against them in law and in practice and to impose on them a system of male guardianship that conditions their enjoyment of most of the rights enshrined in the Convention, namely the rights to freedom of movement, access to justice, education, health-care services and identity documents, among others, upon the agreement of a male guardian. The Committee is also concerned about the discriminatory application of the concept of “decency” to boys and girls.”“The Committee draws the attention of the State party to its obligation to ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of girls’ rights to equality before the law and to equal enjoyment of all the rights enshrined in the Convention. It urges the State party to review as a matter of priority its legislation and practices in order to ensure full respect for the equality of girls and boys and, to this aim, to put an end to the system of male guardianship and to stop imposing a dress code on girls. The State party should prioritize the adoption of a comprehensive strategy to eliminate all forms of discrimination against girls and to address the persistent negative gender stereotypes that lead to discrimination and violence against them. The Committee reiterates its recommendation that such efforts be conducted in close cooperation with community and religious leaders, as well as children themselves (see CRC/C/SAU/CO/2, para. 28).”
“The Committee remains concerned that children of Saudi mothers and non-Saudi fathers, lesbian, gay, bisexual, transgender and intersex children, children with disabilities, children born out of wedlock, children of migrant workers and children belonging to Shia and other religious minorities remain subjected to persistent discrimination in the State party. Children belonging to religious and atheistic minorities, especially children belonging to the Shia community, continue to be discriminated against in various areas, notably with respect to access to school and justice and in the case of compensation for death or injury.”
“The Committee urges the State party to adopt a proactive and comprehensive strategy to eliminate de jure and de facto discrimination on any grounds against all the above-mentioned groups of children in marginalized or disadvantaged situations.”
“In the light of article 23 of the Convention and of general comment No. 9 (2006) on the rights of children with disabilities and given the fact that the vast majority of children with disabilities continue to receive education in segregated institutions and to be deprived of education after middle school, the Committee recommends that the State party adopt and promote a social and human rights-based approach to disability. Such an approach acknowledges that the disabling factors reside in the environmental and attitudinal barriers created by society and that all children with disabilities are subjects of rights and can become active participants in and contributors to society. The State party should set up a comprehensive policy to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions, while paying particular attention to children with mental and multiple disabilities.”
“The Committee recommends that the State party ensure by law that primary education is compulsory for both girls and boys, send clear instructions to all education facilities in that respect and sanction parents who refuse to enrol their children in schools. The Committee also recommends that the State party ensure the same quality of education and educational options for girls and boys, and that physical education is made mandatory for girls. The State party should also, taking into account the Committee’s general comment No. 1 (2001) on the aims of education, strengthen its efforts to generalize non-stereotyped educational curricula, addressing the structural causes of gender-based discrimination.”
(17 March 2006, CRC/C/SAU/CO/2, Concluding observations on second report, paras. 53, 54, 62, 63, 65, 66, 68 and 69)
“The Committee commends the State party for its efforts to ensure that children with disabilities have better opportunities in society by integrating them with their peers into schools, cultural and sporting events. Nevertheless, the Committee is concerned that children with disabilities face de facto discrimination in their every day life and that the national programmes and policies for children with disabilities lack the rights-based approach.
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), mainstream the rights-based approach to all national policies and programmes for children with disabilities. It further recommends that the State party take necessary measures to prevent de facto discrimination against children with disabilities and integrate them into society, including education and cultural activities, taking into account their dignity and by promoting their independence.
“The Committee takes note of the State party’s efforts to eradicate illiteracy but it also notes with concern that the female adult illiterate population has slightly increased while the general illiteracy rate has declined. With this respect the Committee regrets the lack of information on non-formal education services for educationally deprived children outside the formal sector. It notes with appreciation the State party’s efforts to address the special educational needs of Bedouin children....
“In the light of articles 28 and 29 of the Convention, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to:
a) ensure that all children have an equal access to quality education at all levels of the educational system; ...
d) take effective targeted measures to eradicate illiteracy, e.g. through literacy programmes and non-formal education, and pay particular attention to women and girls in this respect....
“... As regards the principles, goals and objectives of education in Saudi Arabia, the Committee regrets the distinction between male and female roles in the curricula resulting in discrimination against girls.
“... As regards the situation of girls in education, it recommends that the State party take measures to break down stereotypical attitudes about the roles and responsibilities of women and men and to critically review its school curricula with a view to abolishing all discriminatory practices in education, including girls’ limited access to vocational education and training.
“The Committee recommends that the State party, taking into account article 22 and other relevant provisions of the Convention, take all feasible measures to ensure full protection and care, as well as access to health and social services and to education, of asylum-seeking and refugee children in Saudi Arabia....
“Noting the very high number of non-Saudi (migrant) workers in the State party, and the status of female domestic workers on the margins of society, the Committee is concerned about the situation and vulnerability of non-Saudi (migrant) workers’ children in the Saudi society. It notes with concern that non-Saudi (migrant) workers’ children without legal residence status do not have access to health services or to education....”
Senegal
(7th March 2016, CRC/C/SEN/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 49, 50, 57, 58, 59, 60, 65, 66, 69 and 70) - 71stt Session
“The Committee welcomes the adoption of the Social Policy Orientation Act and other programmes to protect the rights of children with disabilities and guarantee equal opportunities for them and to promote inclusive education. However, the Committee remains deeply concerned about:
(a) The very low primary school enrolment rates of children with disabilities, and the limited access to inclusive education and well-trained teachers;
(b) The high prevalence and acceptance of abuse, violence, stigma and exclusion, particularly in rural areas, and especially against children with intellectual and psychosocial impairments;
(c) The inadequate provision of infrastructure and personnel for children with disabilities to access health care and social and rehabilitation services;
(d) The insufficient data on disabilities and early diagnosis of disability.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and to:
(a) Strengthen the implementation of the Social Policy Orientation Act and programmes relating to children with disabilities, including the Community-based National Rehabilitation Programme for Persons with Disabilities and the Programme for the Improvement of Quality, Equity and Transparency in the Education and Training Sector;
(b) Set up comprehensive measures to develop inclusive education, including by training and assigning specialized teachers and professionals, and creating school environments appropriate for children with disabilities;
(c) Investigate and prosecute perpetrators of acts of inhumane and degrading treatment against children with disabilities, including in school, the family and alternative care settings;
(d) Develop and implement awareness-raising programmes, including campaigns, aimed at government officials, the public and families, to combat the stigmatization against children with disabilities and promote a positive image of such children;
(e) Improve health-care and social and rehabilitation services for children with disabilities by ensuring the necessary human, technical and financial resources and adequate infrastructure;
(f) Develop an effective data collection system and an efficient system for early diagnosis of disability.”
“While welcoming the adoption of the Emerging Senegal Plan, including its National Programme of Cash Transfers to Poor Families, and the implementation of the National Strategy on Social Protection 2005-2015, the Committee remains deeply concerned that…
(b) Social programmes targeting families in the most vulnerable situations, such as those giving access to free education and health services, rely heavily on international cooperation…”
“The Committee urges the State party to:
(a) Address child poverty and regional disparities in a more systematic way, by including child poverty indicators in the harmonized monitoring framework of the Emerging Senegal Plan and by ensuring that decentralized delivery is based on child poverty–focused diagnostics, planning, budgeting and reporting;
(b) Reduce the impact of dependence on external cooperation…”
“While noting the various measures taken by the State party to foster access to education, the Committee remains concerned about:
(a) The negative impact of indirect costs of education (for books, uniforms and other school supplies) on children’s access to education, especially for children living in poverty;
(b) The low enrolment rates at the pre-primary, secondary and tertiary levels of education — especially for girls, owing to early marriage, parents’ preference for educating their sons, and teenage pregnancy;
(c) The high rate of sexual violence and harassment directed against girls on the way to and from school, and at school, including by teachers;
(d) The high dropout rates at all levels of education;
(e) The disproportionately high illiteracy rate among girls, particularly in rural areas;
(f) The low quality of education at all levels;
(g) The lack of information on the programmes and initiatives implemented to facilitate access to education for children in situations of vulnerability;
(h) The lack of a defined and coherent policy to upgrade the daaras so that they are part of the formal education system.
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Ensure full application of Act No. 2004-37 by eliminating direct and indirect costs for education;
(b) Ensure equal access and equal retention of girls at all levels of education, in law and in practice, by strengthening incentives for parents to send their daughters to school, eliminating early marriages, providing safe transportation to schools, and raising awareness among communities, families, students, teachers and community leaders about the importance of education for girls;
(c) Implement a zero-tolerance policy with regard to sexual violence and harassment at and on the way to school and ensure that perpetrators, including teachers, are punished appropriately;
(d) Take measures to provide literacy courses to women and girls, in particular in rural areas;
(e) Take the necessary measures to improve the quality of education, notably by providing teachers with quality training;
(f) Accelerate the reform of the daaras in terms of their relevance, structure and management, particularly by introducing scientific and technical subjects into their curriculum, as well as civic instruction;
(g) Ensure monitoring and implementation in respect of policy letter No. 004379 of 11 October 2007 that allows pregnant girls and young mothers to have access to education and re-entry into mainstream education;
(h) Provide information in the State party’s next periodic report on the programmes and initiatives implemented to facilitate access to education for children in situations of vulnerability, including orphans, children from single-parent families, children in street situations, children in conflict with the law, children from ethnic minorities, and refugee and asylum-seeking children.”
“The Committee notes with appreciation the information provided by the State party on the various measures and initiatives taken to combat child labour, and the adoption and launch, in July 2013, of the National Framework Plan for the Prevention and Elimination of Child Labour. However, the Committee notes with deep concern:
(a) The high number of children who are working without having reached the minimum age for admission to employment and who are exposed to hazardous work, especially in agricultural and mining activities, domestic services and street vending.
(b) The provisions of ministerial decree No. 3750/MFPTEOP/DTSS (2003), according to which boys under 16 may work in underground mines, quarries and fisheries;
(c) The growing number of girls who are subjected to the practice of confiage or are used as domestic servants (petites bonnes) and are exposed to economic exploitation that threatens their health, physical integrity and education.”
“The Committee urges the State party to:
(a) Amend and revise the Labour Code, which allows exemptions from the minimum age for admission to employment by order of the Minister for Labour (section L.145 of the Labour Code), and ensure that children under 18 years of age cannot be employed to work in underground mines, quarries or fisheries, and that the conditions provided in article 3 (3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the work covered by ministerial decree No. 3750 of 6 June 2003;
(b) Ensure that the minimum age of 16 for admission to employment is also respected in the informal sector, by taking measures to expand and strengthen labour inspection services in order to ensure monitoring of child labour in the informal economy and to guarantee the protection afforded by the Convention;
(c) Take all necessary measures to raise awareness of the threats facing girls when subjected to the practice of confiage or used as domestic servants;
(d) Establish protective mechanisms and services to safeguard children at risk of being subject to child labour, including hazardous child labour, and ensure that child victims of these practices have access to social, medical, psychological and rehabilitative services and legal redress;
(e) Take measures to address the socioeconomic factors contributing to child labour;
(f) Consider ratifying the International Labour Organization (ILO) Domestic Workers Convention, 2011 (No. 189);
(g) Strengthen the work and cooperation with the International Programme on the Elimination of Child Labour, of the International Labour Office, in this regard.”
“The Committee notes the measures taken by the State party to prevent forced begging. It also commends the State party for concluding the National Framework Plan for the Eradication of Begging 2013-2015. However, the Committee reiterates its deep concern at…
(b) The current practice of Koranic schools run by marabouts who often use talibe´s on a large scale for economic gain, sending them to the streets to beg and carry out other illicit work that brings in money, thus preventing them from having access to health care, education, and good living conditions…
(d) The very low rate of prosecutions and convictions of those responsible for the exploitation and mistreatment of children, including Koranic teachers.”
The Committee urges the State party to…
(b) Strengthen measures to remove talibe´ children from the control of Koranic teachers who exploit and mistreat them, and fully implement legislation prohibiting the exploitation of begging by others, including by promptly investigating and prosecuting perpetrators of such acts and punishing them accordingly…”
(20 October 2006, CRC/C/SEN/CO/2, Concluding observations on second report, paras. 43, 54 and 55)
“The Committee recommends that, while taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted on its day of general discussion on the rights of children with disabilities held on 6 October 1997 (CRC/C/69, paras. 310-339), the State party take all necessary measures to:
a) further encourage the inclusion of children with disabilities into the regular educational system and into society, inter alia by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities;
b) adopt an inclusive and right-based legal framework, that addresses the specific needs of children with disabilities....
“The Committee ... notes with appreciation the increase in the enrolment rate particularly for girls.... However, the Committee is concerned at the still low level of enrolment in primary education, particularly in rural areas ... the insufficient support for children with disabilities and the exclusion of pregnant girls from school in application of an internal administration circular from the board of education.
“The Committee recommends that the State party, while taking into account the Committee’s general comment No. 1 (2001) on the aims of education: ...
b) ensure that girls and boys of urban, rural and least developed areas, all have equal access to educational opportunities and strengthen its efforts to significantly increase the enrolment in primary education and pay special attention to urban and rural disparities; ...
d) cancel the administrative circular preventing pregnant girls to continue with their education on the basis of their individual ability, in accordance with article 11 (6) of the 1990 African Charter on the Rights and Welfare of the Children.”
Serbia
(7 March 2017, CRC/C/SRB/2-3, Concluding observations on the combined second and third periodic reports, Paras. 18, 19, 22, 23, 32, 43, 44, 54, 55, 58 and 59) - 74th session
“The Committee notes as positive the development of awareness-raising programmes and training pertaining to the Convention, as well as thematic media campaigns. However, it is concerned that Roma children and children with disabilities do not always have access to such materials and are often unaware of their rights as enshrined in the Convention.”
“The Committee reiterates its previous recommendation (see CRC/C/SRB/CO/1, para. 22) and encourages the State party to:
(a) Strengthen its efforts to provide adequate and systematic training on awareness-raising about children’s rights to professional groups working with and for children, such as parliamentarians, judges, lawyers, health personnel, teachers, school administrators, academics, social workers, media professionals and others, as required;
(b) Pay particular attention to the systematic inclusion of teaching of the Convention’s principles and provisions at all levels of the school curricula;
(c) Pay special attention to the participation of children in the dissemination of information on their rights;
(d) Encourage the media to ensure sensitivity to children’s rights and the inclusion of children in the development of programmes;
(e) Continue and strengthen its efforts to increase the awareness of the Convention throughout the country, in close cooperation with non-governmental organizations and other stakeholders, paying particular attention to remote and rural areas and children from minority groups.”
“The Committee welcomes the initiatives introduced by the State party to address discrimination, particularly against Roma children. However, it is concerned about:
(a) The persistent discrimination against Roma children in all areas of life, which is among the principal reasons leading to the placement of Roma children in institutions;
(b) The fact that Roma children, as well as children with disabilities, migrant, refugee and asylum-seeking children, minority children, children living in remote areas, children in street situations, children with HIV/AIDS, and lesbian, gay, bisexual and transgender children, continue to face discrimination with regard to access to education, health care and adequate housing;
(c) The commission for protection against discrimination’s lack of a special unit to deal with cases of discrimination against children.”
“The Committee urges the State party to:
(a) Ensure full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards Roma children, children with disabilities, minority children, refugees and asylum-seeking children, migrant children, children in street situations, lesbian, gay, bisexual and transgender children and children with HIV/AIDS;
(b) Ensure that children living in rural areas have access to quality education and adequate health care and housing;
(c) Ensure the availability of sufficient human, technical and financial resources for the effective implementation of the national strategy for the prevention of and protection against discrimination for the period 2014-2018;
(d) Introduce a specific mechanism within the commission for protection against discrimination to address cases of discrimination against children.”
“The Committee notes as positive the efforts made by the State party to develop a child protection system, in particular through the adoption of the general protocol on the protection of children from abuse and violence and the regulations on the protocol for action taken by institutions in response to violence, along with the corresponding multidisciplinary teams established at the municipal and community levels to implement the mechanisms. Despite the progress made, the Committee is seriously concerned about:
(a) The high number of reported cases of violence against children;
(b) The inhuman or degrading treatment experienced by children, particularly children with disabilities, living in institutional care homes;
(c) Reports indicating that children with disabilities, particularly those with intellectual impairments, are more likely to be victims of physical and sexual violence;
(d) The widespread instances of violence in schools, particularly at the primary school level, often perpetrated against children with disabilities and lesbian, gay, bisexual and transgender children, as well as instances of cyberbullying;
(e) The inadequate implementation of the general protocol, the regulations and the relevant special protocols, the lack of a general understanding as to what constitutes violence against children and the limited ability of professionals to recognize cases, as well as insufficient cooperation and information sharing at the interdepartmental level and among relevant agencies and inadequate follow-up.”
“While the Committee welcomes the efforts being made to ensure equality for children with disabilities, it is concerned that:
(a) A shortage of reliable data hinders the delivery and evaluation of services for children with disabilities;
(b) A disproportionate number of children with disabilities continue to live in institutions, owing to the stigmatization of children with disabilities and a fragmented system of social assistance that does not sufficiently encourage, and provide support for, families to keep their children at home;
(c) Parents and families of children with disabilities who are in need of constant care and assistance have limited access to services and benefits to meet their needs;
(d) Parents may decide that a child with disabilities will not attend a school that provides inclusive education, without guaranteeing the principle of the best interests of the child, resulting in a large proportion of children with disabilities attending special schools.”
“In the light of general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and establish a comprehensive strategy to ensure the inclusion of children with disabilities, and:
(a) Enhance the collection of data on children with disabilities and conduct studies and analyses on the effectiveness of the implementation of the Convention and the existing laws and policies;
(b) Reform the system of social assistance for children with disabilities and their families in order to improve its coherence and coordination and avoid unnecessary institutionalization, and undertake awareness-raising campaigns to combat the stigmatization of and prejudice against children with disabilities;
(c) Establish legislative and other measures to enable children with disabilities who are in need of constant care and assistance to remain with their biological families through services for children and parents and/or through financial support and assistance to parents who are unable to work and generate income because they provide constant care and assistance to a child with a disability;
(d) Give priority to measures to facilitate the full inclusion of children with disabilities, including those with intellectual and psychosocial disabilities, in all areas of public life, such as leisure activities, community-based care and the provision of social housing with reasonable accommodation.”
“While the Committee notes as positive efforts made to improve the education system, it remains concerned that:
(a) The rates of non-attendance and school dropout are high, and that nonattendance and school dropout remain a problem for a significant number of students in many parts of the country;
(b) Efforts to achieve inclusive education are hindered by regional disparities in available funding and resources for schools, insufficient training for teachers and education assistants and continuing resistance from school staff and parents;
(c) The enrolment of children with disabilities is low at all levels of education, and “special classrooms” located within mainstream schools still prevail;
(d) Equity gaps continue to prevent children from vulnerable groups, including children with disabilities, migrant and asylum-seeking children, children from rural areas, deprived children and Roma children, from gaining access to quality education;
(e) The participation of Roma children, particularly girls, in preschool, primary, secondary and vocational education remains low, with many Roma children continuing to face segregation in the school system; high levels of truancy among Roma children are also of concern;
(f) Educational support measures for children are precarious owing to insufficient funding for the interdepartmental committees tasked with assessing individual cases, and that measures introduced in 2015 are aimed at limiting the number of education assistants in schools;
(g) Preschool facilities are inadequate, with overcrowding in urban areas and inadequate facilities in rural areas, and that societal perceptions influence decisions made by parents of children with disabilities as to whether to enrol them in preschool education.”
“In the light of general comment No. 1 (2001) on the aims of education, and taking note of targets 4.1 and 4.2 of the Sustainable Development Goals on ensuring that by 2030 all girls and boys complete free, equitable and quality primary and secondary education and have access to quality early childhood development, care and preprimary education, the Committee recommends that the State party:
(a) Develop programmes to reduce dropout rates, and provide for the monitoring and evaluation of such programmes;
(b) Strengthen efforts to promote inclusive education for all children, particularly the most vulnerable, and ensure that adequate human, financial and technical support are available to implement the provisions outlined in the Law on the fundamentals of the education system;
(c) Guarantee all children with disabilities the right to inclusive education in mainstream schools independent of parental consent, train and assign specialized teachers and professionals in integrated classes providing individual support and due attention to children with learning difficulties, and address the shortage of speech therapists and qualified professionals for children with mental and psychosocial disabilities;
(d) Further strengthen efforts to improve access to quality education in rural areas and in small towns, including access to preschool, secondary and higher education, particularly for vulnerable groups;
(e) Facilitate the participation and inclusion of Roma children in education at all levels, and raise awareness among teachers and staff at psychological and pedagogical counselling centres about the culture of Roma people;
(f) Establish legislative provisions to regulate the system for providing additional support to pupils in the education process, and ensure that enough professionals are available to address the individual needs of pupils;
(g) Ensure equal access for all children, particularly from vulnerable groups, to early education programmes regardless of their parents’ employment status, and provide the funding necessary to ensure that preschool facilities are adequate, with appropriate training provided for teachers and education assistants.”
“The Committee is deeply concerned that stigmatization of and discrimination against Roma people, including children, are still widespread, resulting in violence and hate speech against them, and that they face difficulties in gaining access to social protection services and social integration programmes.”
“The Committee urges the State party to:
(a) Conduct campaigns, at all levels and in all provinces, aimed at addressing the negative attitudes towards the Roma in society at large and take effective measures to prevent violence and hate speech against Roma;
(b) Assess the particular situation of Roma children and take measures to facilitate their access to social protection measures and social integration programmes, including by improving the cultural sensitivity of services provided and readjusting the scope of social programmes.”
(6 June 2008, CRC/C/SRB/CO/1 Unedited version, Concluding observations on initial report, paras. 25, 26, 48, 49, 60, 61, 74 and 75)
“... The Committee notes that the draft law on prohibiting discrimination is awaiting adoption and is concerned, that certain groups of children, including Roma children, children of returnees, children without birth certificate, children belonging to minorities and children with disabilities, face de facto discrimination, most importantly with regard to access to education and health care....
“In accordance with article 2, the Committee recommends that the State party make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination and pay particular attention to the most vulnerable groups. The Committee recommends that the State party use all measures to overcome the stigmatization. The Committee also recommends the State party take effective immediate action to favour children belonging to vulnerable groups to enable them to effectively enjoy full access to education and any other rights, including by expediting the adoption of a law on the prohibition of discrimination and increase awareness-raising of the role of the media.
“The Committee welcomes the efforts made by the State party to assist children with disabilities and their families, the start of pilot progammes and projects to provide inclusive education, and the steps aimed at the de-institutionalization of children and the shift towards family-based care.... However, the Committee is concerned ... that many children with disabilities are not included in the mainstream education system and at the general lack of resources and specialized staff for these children. It is also concerned at the prevailing societal attitudes which are conducive to stigmatization of children with disabilities.
“With regard to the State party’s efforts to provide equal opportunities for the full participation of children with disabilities in all spheres of life, the Committee draws attention to the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), and recommends the State party to take all necessary measures to: ...
b) ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs; ...
e) ensure that professionals working with and for children with disabilities as well as teachers and social workers, such as medical, paramedical and related personnel are adequately trained;
f) ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol, both signed on 17 December 2007; and
g) seek technical cooperation with, among others, UNICEF and WHO.
“The Committee ... remains concerned at: ...
d) the incomplete enrolment, the high levels of drop-outs and the comparatively lower achievement of children belonging to vulnerable groups, including children from rural areas, children living in economic hardship and deprivation, Roma children and children from other minority groups, refugee and internally displaced children;
e) the slow progress in the training sufficient numbers of teachers able to teach in minority languages; ...
i) the quality of education and the situation of the most vulnerable groups of children.
“The Committee recommends that the State party:
a) take all necessary measures to ensure that the right to education is fully implemented, so that children belonging to vulnerable groups, including rural children, children living in economic hardship and deprivation, Roma children and children from other minority groups, refugee and internally displaced children fully enjoy their right to education;
f) in the light of article 29 of the Convention, the Committee recommends that the State party:
iii. establish adequate programmes and activities with a view to create a school environment of tolerance, peace and understanding of cultural diversity shared by all children to prevent intolerance, bullying and discrimination in schools and society at large; and
iv. take account of the Committee’s General Comment No. 1 on the aims of education, in particular with regard to children belonging to the most vulnerable groups (i.e. minority groups, those living in poverty, refugee and returnee children, Roma children, children with disabilities, etc.).
“The Committee, while noting the efforts made by the State party, such as the adoption of the Law on Protection of Rights and Freedoms of National Minorities, the Committee remains deeply concerned at the negative attitudes and prejudices of the general public and at the overall situation of children of minorities and in particular Roma children. The Committee is concerned at the effect this has with regard to discrimination and disparity, poverty and denial of their equal access to health; education; housing, employment; non-enrolment in schools; cases of early marriage; and decent standard of living. The Committee is also concerned at the very low levels of participation in early childhood development programmes and daycare and the deprivation of education.
“The Committee urges the State party to:
a) initiate campaigns including throughout the media at all levels and regions, aimed at addressing the negative attitudes towards the Roma in society at large, including among police and other professionals;
b) strengthen its efforts to remove discrimination and to continue developing and implementing - in close collaboration with the Roma community itself - policies and programmes aimed at ensuring equal access to culturally appropriate services, including early childhood development and education; ...
d) develop curricula units for children at school level, including in relation to Roma history and culture, in order to promote understanding, tolerance and respect for the rights of Roma in Serbian society as well as to enhance their Serbian language skills; and
e) raise awareness of the Roma communities about the value of the girl child, her right to access education without discrimination as well as her right to be protected from early marriage and its harmful impact.”
Seychelles
(5th March 2018, CRC/C/SYC/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 17, 29 and 34)- 77th Session
“The Committee reiterates its previous recommendations (see CRC/C/15/Add.189, para. 24 and CRC/C/SYC/CO/2-4, para. 35) and urges the State party to:
(a) Amend its legislation to specifically prohibit discrimination on the basis of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status;
(b) Remove the terms “illegitimate child” and “illegitimate children” from the Civil Code and the gender discriminatory “carnal knowledge” provision from art. 15 (3) of the Penal Code;
(c) Adopt and implement a comprehensive strategy addressing all forms of discrimination, including multiple forms of discrimination, against all groups of children in vulnerable situations, and combating discriminatory societal attitudes;
(d) Collect data, disaggregated by age, sex, type of disability, geographic location, ethnic origin and socioeconomic background, to enable effective monitoring of de facto discrimination.”
“Commending the establishment, by the State party, of a special education needs unit within the Ministry of Education and Human Resources Development in 2013 and the introduction of the Inclusive Education Policy in 2015, recalling its previous recommendations (see CRC/C/SYC/CO/2-4, paras. 49 and 60) and taking into account target 4.5 of the Sustainable Development Goals on ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, the Committee recommends that the State party continue integrating children with disabilities into the mainstream school system and building the capacity, including through training, of primary and secondary school teachers for inclusive education of children with disabilities and for education of children with special needs.”
“While recognizing the efforts made and measures taken by the State party regarding education and training and with reference to its general comment No. 1 (2001) on the aims of education and target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, the Committee recalls its previous recommendations (see CRC/C/15/Add.189, para. 49 and CRC/C/SYC/CO/2-4, para. 60) and urges the State party to:
(a) Undertake research on the reasons why students drop out of school, to develop durable solutions, including the introduction of more motivating school curricula that ensure children’s continuing education or vocational training and enhance their opportunities for employment and integration into society, in view of the fact that the school dropout rate increased in 2016 following a decline from 2014 to 2015, and provide comprehensive information in that regard to the Committee in its next report;
(b) Strengthen the measures to increase relevant and more productive vocational training for girls, without gender stereotyping, and continue to ensure that pregnant girls and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(c) Ensure the allocation of sufficient and adequate human, technical and financial resources to the education system.”
(23 January 2012, CRC/C/SYC/CO/2-4, Concluding observations: Seychelles, paras. 48, 49, 59 and 60)
“The Committee welcomes the Education Act of 2004 and the policy statement, “Education for a Learning Society,” which encompass the principle of inclusive education, as well as the appointment of a Council for the Disabled. However, the Committee is concerned that children with disabilities are still not fully integrated into the education system due to lack of facilities to cater to their needs, as well as lack of access to public transport and public buildings for children in wheelchairs.
“The Committee recommends that the State party take the necessary measures to provide children with disabilities with facilities and access to public transportation and public buildings with the aim of fully integrating them into mainstream public schools and public life, taking into account the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.
“The Committee welcomes the free compulsory education and early childhood education programmes with almost universal enrolment, as well as the adoption of a new Education Act (2004) and Education Reform Action Plan (2009-2010) to further strengthen the “Education for All” policy [...] Furthermore, the Committee is deeply concerned about the inadequate training of teachers and the lack of trained teachers for children with disabilities.
“In light of its general comment No. 1 on the aims of education (2001), the Committee reiterates its previous recommendation (CRC/C/15/Add.189, para. 49) and urges the State party to…
… (c) Take urgent measures to improve the training of teachers for primary and secondary schools, inclusive education of children with disabilities , and education of children with special needs.”
(9 October 2002, CRC/C/15/Add.189, Concluding observations on initial report, paras. 44, 45 and 49)
“The Committee is encouraged by the State party’s efforts, together with the National Council for the Disabled, to combat discrimination against children and adults with disabilities. Nevertheless, the Committee is concerned that children with disabilities have limited access to public facilities and services because the physical environment is not appropriately designed or because staff and programmes have not been designed to ensure integration of children with disabilities.
“Taking note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the results of the Committee’s day of general discussion on the rights of children with disabilities, held on 6 October 1997 (see CRC/C/69, paras. 310-339), the Committee recommends that the State party continue its cooperation with the National Council for the Disabled and other relevant civil society organizations, in particular in:
a) developing and implementing a policy aimed at the full integration of children with disabilities into the mainstream school system....
“In light of the Committee’s General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education), the Committee recommends that the State party:
a) consider creating study groups in schools involving students at higher and lower levels in order to contribute to the improvement of the achievements of students with learning difficulties; ...
d) ratify the Convention against Discrimination in Education, of 1960 of the United Nations Educational, Scientific and Cultural Organization.”
Sierra Leone
(1st November 2016, CRC/C/SLE/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 4, 13, 27, 28, 34, 35 and 37) - 73rd Session
“The Committee notes the effects of the Ebola virus disease in the State party, which caused tremendous hardship and had a negative effect on the implementation of the rights enshrined in the Convention.”
“The Committee recommends that the State party:
(a) Finalize the review of the Constitution and ensure that its provisions on non-discrimination are in full compliance with the Convention;
(b) Intensify its efforts to eliminate discrimination against groups of children in the most vulnerable situations, such as girls, children with disabilities, children living with HIV/AIDS, children orphaned as a result of Ebola and children in rural areas;
(c) Cooperate with the widest range of stakeholders, in particular through its community-based structures such as village development committees and child welfare committees, including children, community and traditional leaders and all sectors of society, to promote social and cultural change and create an enabling environment that promotes equality among children.”
“The Committee welcomes the adoption of the Persons with Disabilities Act 2011 and the establishment of the National Commission for Persons with Disabilities. However, the Committee is seriously concerned at:
(a) The lack of information on the adoption of the National Policy for the Protection of Persons with Disabilities and on funding for the National Development Fund for Persons with Disabilities, and how those instruments support children with disabilities;
(b) The insufficient measures in place to ensure that children with disabilities fully enjoy their rights, in particular with reference to health and education;
(c) The inadequate number of specialized teachers and the limited number of school facilities and materials adapted to children with disabilities, as well as services and infrastructure available in order to ensure that education is truly inclusive;
(d) The lack of comprehensive data on children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Adopt the National Policy for the Protection of Persons with Disabilities;
(b) Set up a comprehensive strategy for the inclusion of children with disabilities;
(c) Ensure sufficient funding for the National Development Fund for Persons with Disabilities, in particular to support children with disabilities;
(d) Support communities, local councils and NGO partners to build capacity for family and community-based care and support for children with disabilities;
(e) Ensure that children with disabilities have access to inclusive early childhood care and education, early development programmes, health care and other services, and ensure that such services receive adequate human, technical and financial resources;
(f) Adopt measures towards fully inclusive education;
(g) Collect and analyse data on the situation of all children with disabilities, disaggregated by, inter alia, age, sex, type of disability, ethnic and national origin and geographic location.”
“The Committee reiterates its previous concerns (see CRC/C/SLE/CO/2, para. 64) and expresses serious concern at the discriminatory policy the Ministry of Education instituted in March 2015 of barring “visibly pregnant girls” from attending school and sitting their Basic Education Certificate Examination.”
“In the light of its general comment No. 1 (2001) on the aims of education, and taking note of target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education, the Committee urges the State party to:
(a) Ensure that primary school is genuinely free and remove all other additional costs that are barriers to access in order to ensure the participation of all children;
(b) Immediately lift the discriminatory ban on pregnant girls attending mainstream schools and sitting exams;
(c) Ensure that pregnant girls and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(d) Take appropriate measures to address charges of sexual abuse in schools and prosecute perpetrators;
(e) Taking note of target 4.2 of the Sustainable Development Goals on ensuring that all girls and boys have access to quality early childhood development, care and pre-primary education, allocate sufficient financial resources for the development and expansion of such services, based on a comprehensive and holistic policy of early childhood care and development.”
“The Committee recommends that the State party…
(c) Develop a strategy and take all necessary measures to ensure that children in street situations are provided with adequate food, clothing, housing, health care and educational opportunities…”
(6 June 2008, CRC/C/SLE/CO/2 Unedited version, Concluding observations on second report, paras. 25, 49, 50, 64 and 65)
“The Committee notes with appreciation the section on the principle of non-discrimination, including against girls, contained in the Education Act (2004) and the ongoing and increasing efforts to educate the public on the need for non-discrimination, particularly against the girl child and children with disabilities....
“The Committee ... expresses its concern over reports that children with disabilities are excluded from the regular education system due to parents who do not want to send their children to school, the lack of teachers trained to teach children with disabilities and the inaccessibility of the infrastructure to children with disabilities.
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party: ...
c) carry out awareness campaigns to sensitise parents as well as the public about the rights and special needs of children with disabilities and encourage their inclusion in society; ...
e) provide training for professional staff working with children with disabilities, such as teachers, medical, paramedical and related personnel and social workers; and
f) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee notes that the Education Act (2004) ... and a corresponding Education Policy promote education for girls, vocational training, including for drop-outs and enhanced quality, inter alia by teacher training. The Committee is concerned that despite increased enrolment and completion rates in primary schools, enrolment is still low, in particular for girls....
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education: ...
b) expand access to education, including early childhood education, to all regions of the State party; ...
e) reduce socio-economic, regional and gender disparities in access to and full enjoyment of the right to education....”
Singapore
(28 June 2019, CRC/C/SR.2378 and 2379, Concluding observations on the combined fourth and fifth periodic reports, paras. 11, 19, 20, 35) - 81st Session
Recalling its general comment No. 19 (2016) on public budgeting for the realization of children’s rights, the Committee recommends that the State party:
(a) Establish a budgeting process that includes a child rights perspective and specifies clear allocations to children in the relevant sectors and agencies, including specific indicators and a tracking system;
(b) Establish mechanisms to monitor and evaluate the adequacy, efficacy and equitability of the distribution of resources allocated to the implementation of the Convention;
(c) Define budgetary lines for children that include all children, with special attention to those in disadvantaged or vulnerable situations who may require affirmative social measures, and make sure that those budgetary lines are protected even in situations of economic crisis, natural disasters or other emergencies.
The Committee is concerned about the persisting discrimination, either in law or in practice or both, against, inter alia, children without Singaporean citizenship, girls, children with disabilities, children of ethnic minorities, children of unmarried couples and children of same-sex couples, as well as the lack of attention paid to discrimination against lesbian, gay, bisexual, transgender and intersex children.
Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure compliance with article 2 of the Convention by incorporating the principle of non-discrimination into its domestic legislation and conduct an in-depth revision of its legislation in order to fully guarantee non-discrimination in law and in practice, including the right to inheritance of children of unmarried parents and of girls covered by the Administration of Muslim Law Act;
(b) Adopt a proactive and comprehensive strategy containing specific and well-targeted actions, including affirmative social actions, to eliminate discrimination against children in marginalized or vulnerable situations, including children without Singaporean citizenship, girls, children with disabilities, children of ethnic minorities, children of unmarried couples, children of same-sex couples and lesbian, gay, bisexual, transgender and intersex children;
(c) Combat discrimination against lesbian, gay, bisexual, transgender and intersex children, including by decriminalizing consensual same-sex sexual acts, implementing awareness-raising and educational activities for children, families and the public and providing sensitivity training for the relevant professionals, including teachers, social workers, personnel of childcare institutions and law enforcement officers, so that children are encouraged to report cases of discrimination and violence and reported cases are promptly and appropriately addressed;
(d) Involve communities and the public at large by making systematic efforts, in collaboration with the mass media, social networks and community and religious leaders, to combat and change discriminatory attitudes towards and practices concerning children in general and children in disadvantaged and marginalized situations in particular;
(e) Include segments on non-discrimination and equality in the mandatory school curriculum for children of all ages, adapt teaching materials and regularly train teachers accordingly.
While the Committee welcomes the inclusion of all children with moderate to severe special education needs in the Compulsory Education Act, it remains concerned at the insufficient quantitative and qualitative data on children with disabilities and their needs, that some children with disabilities are still not fully included in the education system, the persistence of discriminatory attitudes and behaviours against children with disabilities and that non-Singaporean children with disabilities enjoy less protection than their Singaporean peers. Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Collect and analyse qualitative and quantitative data on children with disabilities and their special needs and use them for the development of relevant policies and programmes;
(b) Strengthen the implementation of the policy of inclusive education in schools and increase the number of places in preschool for children with moderate to severe special educational needs, without discrimination of any kind;
(c) Increase the number of teachers and professionals trained on a human rights-based approach in integrated classes that provide individual support and due attention to children with learning difficulties;
(d) Strengthen awareness-raising campaigns targeting government officials, the public and families to combat stigma attached to and prejudice against children with disabilities and promote a positive image of children with disabilities.
(13th October 2014, CRC/C/OPAC/SGP/CO/1, Concluding observations on the report submitted by Singapore under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 13, 14, 23 and 24) - 67th Session
“The Committee notes with concern that human rights and peace education have not been incorporated into school curricula.”
“The Committee recommends that the State party take all necessary measures to include mandatory human rights and peace education in school curricula, and to encourage a culture of peace and tolerance within schools. The Committee recommends that, in so doing, the State party include human rights and peace education in the training of teachers and social workers.”
“The Committee notes the information provided by the State party that there are no child victims of offences under the Optional Protocol among refugee and asylum-seeking children. However, the Committee is concerned at:
(a) The lack of information in the State party report about any mechanisms in place to identify children who might have been recruited or used in armed conflict abroad;
(b) The fact that the State party is not a party to any treaties relating to the treatment of refugees; at the absence of a law on the treatment of refugees; and at the possibility that a case-by-case approach may lead to unequal treatment.”
“The Committee, drawing the State party’s attention to its obligations under article 7 of the Optional Protocol, and with reference to the Committee’s previous recommendations under the Convention (CRC/C/SGP/CO/2-3, para. 61), urges the State party to put in place mechanisms to ensure the full protection of asylum-seeking and refugee children, particularly unaccompanied children, in line with international standards, and to identify at an early stage asylum-seeking, refugee or migrant children who may have been involved in armed conflict abroad. The Committee furthermore urges the State party, in so doing, to:
(a) Apply a child-specific refugee definition and child-sensitive asylum-claim procedures, and provide for procedural safeguards addressing the specific needs of unaccompanied and separated asylum-seeking and refugee children;
(b) Uphold the principle of non-refoulement in all circumstances;
(c) Make sure that personnel responsible for such identification are trained on child rights, child protection and child-sensitive interviewing skills;
(d) Ensure that no child is forcibly returned to his or her country of origin, if he or she may have been, or is at risk of becoming, a victim of any of the crimes under the Optional Protocol there;
(e) Develop specialized services to ensure that children who have been, or may have been, involved in armed conflict are provided with appropriate assistance for their physical and psychological recovery and their social reintegration.”
(4 May 2011, CRC/C/SGP/CO/2-3, Concluding observations: Singapore, paras. 52 and 53)
“While noting that the authorities provide funding and training to the Special Education schools for children with disabilities, the Committee is concerned that the Special Education schools are run by voluntary welfare organizations and do not come under the purview of the authorities. The Committee remains deeply concerned that children with disabilities are still not fully integrated into the education system and that there is still a lack of quantitative and qualitative data on children with disabilities and their needs.
“The Committee recommends that, in accordance with article 23 of the Convention, the State party:
(a) Extend the Compulsory Education Act (2003) to include all children with disabilities;
(b) Provide inclusive education to children with special needs;
(c) Collect and analyse qualitative and quantitative data on children with disabilities and their specific needs and use these data to develop appropriate programmes and policies for them;
(d) Provide training from a child rights perspective for professional staff working with children with disabilities, such as teachers, social workers, medical, paramedical and related personnel;
(e) Allocate more resources to ensure that children with disabilities have timely access to early intervention services and integration in mainstream schools;
(f) Strengthen support to families with children with disabilities;
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol; and
(h) Take into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
(27 October 2003, CRC/C/15/Add.220, Concluding observations on initial report, paras. 40, 41, 42 and 43)
“While noting that special education services are widely available in the State party, the Committee is concerned that children with disabilities are not fully integrated into the education system....
“The Committee recommends that the State party:
a) extend the Compulsory Education Act (2003) to include special schools and all children with disabilities;
b) facilitate greater integration and participation of children with disabilities into mainstream education and society at large, inter alia through an improvement in curricula and pedagogical services....
“... the Committee is concerned that not all children within the State party’s jurisdiction are covered by the Compulsory Education Act or have access to free primary school....
“The Committee recommends that the State party:
a) extend the Compulsory Education Act to include all children within the State party, including non-citizens, and monitor the implementation of the Act to ensure that all children attend school....”
Slovakia (Slovak Republic)
(20th July 2016, CRC/C/SVK/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 36, 37, 44, 45, 46, 47, 48, 52 and 53) - 72nd Session
“The Committee welcomes that the 2014 National Plan for Developing Living Conditions for Persons with Disabilities includes an obligation by the Ministry of Education to ensure greater accessibility of individualized support for children with disabilities, in particular through the employment of teaching assistants, school psychologists and special education teachers. It also welcomes the fact that the Plan requires that the provision set out in article 29 (11) of Act on Education (No. 245/2008 Coll.), stipulating that integration can be denied to a child with a disability if he or she could jeopardize the education of other children, be removed. The Committee is concerned, however, that the 2014 National Plan does not set out a specific time frame and that:
(a) The State party’s legislation does not provide a framework for achieving inclusive education, there is no effective policy providing for the transition from a segregated to an inclusive educational system and material, financial and human resources are not available for mainstream schools to ensure inclusive education;
(b) Children with disabilities are generally directed towards vocational training as opposed to higher education studies, regardless of their intellectual abilities;
(c) The State party continues to prioritize expensive investment in residential care, while home carers of children with severe disabilities receive an inadequate subsidy;
(d) Children with disabilities are exempt from the requirement that children under the age of 6 are placed in a family instead of a children’s home;
(e) The number of early intervention centres continues to be insufficient and relies on private donors.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Amend the Education Act in order to enshrine in the national legislation the principle of, and right to, inclusive education, and establish comprehensive specific measures for implementation, including defined responsibilities and a time frame;
(b) Ensure that inclusive education is given priority over the placement of children in specialized institutions and classes, and train and assign specialized teachers and professionals in integrated classes providing individual support;
(c) Amend the Act on the Social and Legal Protection of Children and Social Guardianship to prohibit the institutionalization of children with disabilities under the age of 6;
(d) Prioritize family and community care and fully commit to the implementation of the “deinstitutionalization policy” in order to ensure that children with disabilities no longer live in segregated institutional settings;
(e) Increase the amount of parental allowance for families with children who have a severe disability and grant them a special child-care allowance;
(f) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee welcomes that the amendments of 30 June 2015 to the Act on Upbringing and Education — the Schools Act — introduced a number of measures aimed at promoting desegregation. It is concerned, however, that:
(a) Roma children continue to be the victims of de facto segregation in the State party’s school system, with over 50 per cent being taught in Roma-only classes or attending classes in separate school pavilions, often providing inferior education;
(b) The Public Defender of Rights has reported race-motivated redrawing of school districts and, instead of investing in desegregation, the State party has built cheap metal containers close to Roma settlements to serve as schools for Roma children only;
(c) The school enrolment rate among Roma children remains low and the dropout rate high;
(d) Despite the recent legislative amendments, the number of Roma children placed in schools for children with mild disabilities continues to be disproportionately high, the process of psychological assessment during school attendance continues to fail to take into account the different socioeconomic backgrounds of Roma children, the State party’s legislation does not stipulate that a regular re-evaluation of the initial diagnosis of the disability should be undertaken and the system is financially incentivized to retain the highest possible number of Roma children in special schools and classes;
(e) There is no systematic application of the Romani language in schools, primarily owing to a lack of Romani-speaking teachers, and children of the Hungarian minority likewise face difficulties in receiving education in their mother tongue.”
“In the light of its general comment No. 1 (2001) on the aims of education and taking note of Sustainable Development Goal 4 (target 4.5: by 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations) the Committee recommends that the State party:
(a) Introduce in its legislation a definition of racial/ethnic segregation in education and adopt systemic measures to effectively monitor and eradicate this practice in all its forms;
(b) Includes in its legislation the requirement of mandatory periodic re-evaluation of the initial diagnosis of disability concerning children with special education needs, not conditional upon the parents’ request;
(c) Revise education financing to disincentivize enrolment in special education systems and incentivize inclusive education and measures that encourage integration;
(d) Condition the disbursal of national, regional and local funds for education on the development of anti-segregation plans and reporting of compliance therewith;
(e) Provide educators in primary schools with sufficient guidance on how to include Roma children in mainstream education and how to better involve Roma parents in collaboration with the schools their children attend;
(f) Strengthen its efforts to facilitate the education of children belonging to national minorities in their mother tongue.”
“The Committee is concerned that human rights education is not part of the compulsory curriculum and that no statistics are available on the extent to which it is provided in schools. It is also concerned that the State party’s educational system:
(a) Remains focused mainly on supporting “talented” children rather than helping all children to fully develop their potential;
(b) Is reportedly based on excessive adult authority, with respect for and communication with children generally missing;
(c) Uses educational approaches and teaching methods that cannot ensure that pupils acquire adequate competencies in valuing diversity and equality, particularly between different faiths and ethnic groups, settling disagreements and conflicts in a non-violent manner, and combating all forms of discrimination and violence, especially bullying.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Include human rights education in the curricula for primary and secondary schools and revise those curricula and the educational methodology to place emphasis on the value of education, critical thinking, accepting differences, embracing diversity and building social cohesion;
(b) Support methodical innovations that would help teachers at all levels of the education system to respond to the individual needs of pupils and develop skills needed in their personal and professional lives;
(c) Support the transformation of schools to open learning communities able to respond flexibly to the needs of both pupils and society.”
“The Committee is concerned that many children do not have access to preschool education owing to the lack of kindergarten facilities.”
“Taking note of Sustainable Development Goal 4 (target 4.2: by 2030, ensure that all girls and boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education) the Committee recommends that the State party allocate sufficient financial resources for the development and expansion of early childhood care and education on the basis of a comprehensive and holistic policy of early childhood care and development.”
“The Committee is concerned that…
(c) Asylum-seeking and refugee children only have access to education after they have spent three months in detention, they receive inadequate health care, including owing to a lack of medical personnel who speak languages other than Slovak and a lack of interpreters, and at times of peak demand they do not receive sufficient clothing and other basic necessities…”
“The Committee recommends that the State party…
(b) Ensure the rights of all asylum-seeking and refugee children to an adequate standard of living, education and health care free from discrimination, including on religious grounds.”
(26 June 2013, CRC/C/OPAC/SVK/1, Concluding observations on the initial report, paras. 8, 9, 10, 11, 14, 15, 16, 17)
“The Committee notes as positive the exclusion, by law, of the possibility of persons under the age of 18 years old from serving in the armed forces, either for compulsory or voluntary recruitment, and the fact that there can be no exceptions to the age requirement. However, the Committee regrets that recruitment or use in hostilities of children under the age of 18 years by State armed forces and non-State armed groups is not explicitly prohibited and criminalized by law.”
“The Committee recommends that the State party enact in its legislation explicit prohibition and criminalization of the recruitment or use in hostilities of children under the age of 18 in State armed forces and non-State armed groups.”
“The Committee notes information by the State Party about the possibility of establishing extraterritorial jurisdiction in cases of recruitment or involvement in hostilities of a child under the age of 15 years. However, it regrets that the law does not allow extraterritorial jurisdiction for all the offences under the Optional Protocol, in particular for the recruitment of use in hostilities of children under the age of 18.”
“The Committee recommends that the State party take all necessary steps to ensure that domestic legislation enables it to establish and exercise extraterritorial jurisdiction over all offences under the Optional Protocol, including the recruitment and use in hostilities of children under the age of 18.”
(10 July 2007, CRC/C/SVK/CO/2, Concluding observations on second report, paras. 27, 47, 48, 57, 58, 59 and 60)
“... the Committee expresses its concern that Act No. 136/2003 Coll. and Act No. 365/2004 Coll. on equal treatment in certain areas and on protection against discrimination, and on amendments to certain acts (“the Anti-Discrimination Law”) do not provide protection from discrimination in the areas of social security, healthcare, education and provisions of goods and services on the grounds of ethnicity, disability, religion or belief, and sexual orientation....
“... the Committee expresses its concern ... that the majority o primary and secondary schools lack sufficient financial, material and human resources for the inclusive education of children with disabilities. The Committee is also concerned that Roma children with disabilities experience double discrimination.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party: ...
d) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers; and
e) consider signing and ratifying the International Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee notes with appreciation the educational reform underway emphasizing the active participation of the child and supporting disadvantaged groups, including Roma children. The Committee also welcomes the establishment of “zero classes”. Nevertheless, the Committee remains concerned that:
a) not all children from socially marginalized groups regularly attend school and regrets the lack of data on these children;
b) efforts to adapt instruction and schools to the learning conditions of children living far from schools, particularly Roma children, have not been completed....
“The Committee recommends that the State party, taking into account its general comment No. 1 (2001) on the aims of education:
a) take all necessary measures to ensure that children have equal opportunities for access to schools, including the possibility to receive an education in their mother tongue;
b) ensure that measures and policies adopted to facilitate access to the education of children, particularly children belonging to the Roma, are given adequate human and financial resources to allow their effective implementation;
c) take steps to ensure that the educational curriculum and teaching material take into account the culture and history of children belonging to different minority groups, particularly the Roma, while at the same time ensuring that this does not lead to the creation of separate curricula or separate classes....
“... The Committee is concerned that persons, including children, belonging to minority groups, particularly the Roma population, are subjected to discrimination in, inter alia, education, health, and public services....
“The Committee urges the State party to recognize the rights of persons, including children, belonging to minority groups and to consider adopting a comprehensive legal act providing protection of the rights of such persons. In particular, the Committee urges the State party to ensure that children belonging [to] minority groups have equal access to education, health and other services....”
Slovenia
(26 February 2004, CRC/C/15/Add.230, Concluding observations on second report, paras. 22, 23, 42, 43, 54 and 57)
“... while welcoming measures taken to facilitate the integration of Roma children into regular primary schools, the Committee is concerned at the high number of Roma children attending classes for children with special needs.
“... the Committee recommends that the State party take further measures to improve the standard of living of Roma children and ensure that all these children are integrated into mainstream education, so that special assistance and support for Roma children can be provided at regular classes....
“The Committee ... is also concerned about the low enrolment of female children with disabilities in school.
“In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “The rights of children with disabilities” (CRC/C/69, paras. 310-339), the Committee encourages the State party ... to address the low enrolment of female children with disabilities in school.
“The Committee notes with satisfaction that children with temporary refugee status are able to enrol in primary and secondary education under the same conditions as Slovene children....
“... The State party should ensure that reception centres have special sections for children and that necessary support, including access to education, is given to children and families throughout the process [of claiming asylum] with the involvement of all authorities concerned with a view to finding durable solutions in the best interests of the child.”
Solomon Islands
(28th February 2018, CRC/C/SLB/CO/2-3, Concluding observations on the second and third periodic reports, paras 19, 34, 35, 44 and 45)- 77th Session
“The Committee recalls its previous recommendation (para. 22) and recommends that the State party take more active measures to end all forms of discrimination against children, with special attention to discrimination against girls, particularly in relation to education and access to basic services for children living in rural areas, and to children with disabilities.”
“The Committee welcomes the National Disability and Inclusive Development Policy and Plan of Action, but is concerned at:
(a) The absence of a comprehensive law or new policies to replace the expired ones, for the protection and promotion of the rights of children with disabilities;
(b) The stigmatization of children with disabilities due to societal and cultural attitudes;
(c) Limited access to inclusive education, transportation, public spaces and service delivery in all areas, especially in rural schools and communities…”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, and taking note of Sustainable Development Goals 4, 9, 10 and 11, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Strengthen the legislative framework by adopting comprehensive legislation for the protection and promotion of the rights of children with disabilities and adopt without delay the National Disability and Inclusive Education Policy and Plan of Action;
(b) Develop and support community campaigns and programmes to address discrimination and stigmatization against children with disabilities and create awareness of early detection and interventions;
(c) Provide for a sufficient number of specialist teachers and professionals who offer individual support in all schools and ensure that such professionals are adequately trained so that children with different types and levels of disabilities can enjoy their right to quality inclusive education effectively, including through international cooperation;
(d) Improve access to all public buildings, spaces, service delivery and transportation in all areas, especially in rural communities;
(e) Increase financial, human and technical resources for and expand community-based rehabilitation, early identification and referral programmes for children with disabilities and provide the necessary human, technical and financial support to service providers and families of children with disabilities.”
“The Committee notes the ongoing revision of the Education Act and the National Development Strategy 2011–2020, which commits the State party to providing to free, equitable and quality early childhood education and care by 2020. However, the Committee is concerned about:
(a) Primary education not being compulsory;
(b) Reports on children over the age of entering primary education being out of school;
(c) School fees and contributions and the hidden costs of education, such as transportation, particularly in rural areas;
(d) Low enrolment rates in secondary level education, especially for girls, high drop-out rates and student absenteeism;
(e) The majority of textbooks for children being available only in English;
(f) Disparities in the quality and access to education in urban/remote areas, including the lack of sufficient boarding facilities for students, girls in particular;
(g) Pregnant girls and adolescent mothers being expelled from school as a form of discipline;
(h) Poor school infrastructure, insufficient number of teachers and teacher absenteeism;
(i) Low quality of early childhood education and insufficient early childhood education centres due to financial constraints.”
“With reference to its general comment No. 1 (2001) on the aims of education, and taking note of target 4.1 and 4.2 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education and have access to quality early childhood development, care and pre-primary education, the Committee recommends that the State party:
(a) Make primary education compulsory;
(b) Put in place accelerated programmes and facilitate access to non-formal education programmes for children of school age who are out of school;
(c) Address the barriers to education related to hidden cost of education, particularly in rural areas, and provide sufficient budget to the education sector;
(d) Identify the factors that contribute to low enrolment rates at secondary level, particularly among girls, and take effective measures to increase enrolment and access of children to the secondary school level;
(e) Address the high number of drop-outs and student absenteeism, particularly among girls, due to pregnancy, child marriage, poor sanitary conditions, poverty and lack of space in senior secondary institutions;
(f) Translate textbooks into local languages of the States party;
(g) Adopt effective measures to improve the quality and access of children to education on the outer islands and in rural communities, and provide sufficient boarding facilities for students, girls in particular;
(h) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education;
(i) Provide sufficient resources to improve school infrastructure, address teacher absenteeism and increase the number of certified teachers;
(j) Provide resources to improve the quality and number of early childhood education centres.”
(2 July 2003, CRC/C/15/Add.208, Concluding observations on initial report, paras. 21, 23, 38, 39, 46, 47 and 49)
“The Committee is concerned that:
a) there continues to be widespread discrimination against women and girls and that girls are underrepresented in schools;
b) the principle of non-discrimination is not adequately implemented for children of some ethnic minorities and of economically disadvantaged households, children living in remote islands, children born out of wedlock and children with disabilities, especially with regard to their access to adequate health care and educational facilities.
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of general comment No. 1 on article 29 (1) of the Convention (aims of education).
“The Committee is encouraged by the introduction of the Community Based Rehabilitation Programme. However, it is concerned that: ...
b) children with disabilities have no access to education....
“The Committee recommends that the State party: ...
b) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on “ The rights of children with disabilities” (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and inclusion into society, including by providing special training to teachers and by making schools more accessible....
“The Committee is concerned that: ...
e) enrolment of girls remains very low....
“The Committee recommends that the State party: ...
d) develop strategies to make education accessible to girls and to address their low enrolment rates....
“... The Committee further urges the State party to ensure that all displaced children and their families have access to essential health and education services and to consider the need for continued access to such services during the often slow process of return to communities of origin....”
South Africa
(26th October 2016, CRC/C/OPSC/ZAF/CO/1, Concluding observations on the initial report submitted by South Africa under article 12 (1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 6 and 7)- 73rd Session
“The Committee is concerned at the lack of reliable data covering the offences under the Optional Protocol, including the sale of children, child prostitution, child pornography and child trafficking, as well as data on adoption. Likewise, it is concerned about the lack of data on the general situation of children who are at high risk of exposure to such offences, such as girls who are victims of domestic violence, children in street situations, migrant, refugee and asylum-seeking children, children living in institutions, and children adopted through informal customary adoption.” “The Committee recommends that the State party: (a) Develop and implement a comprehensive, coordinated and effective system of data collection and data analysis for all areas covered by the Optional Protocol, including data concerning the number of prosecutions and convictions for offences under the Optional Protocol; (b) Disaggregate the data by, inter alia, sex, age, nationality and ethnic origin, region, and socioeconomic status, paying particular attention to children who are at risk of becoming victims of offences under the Optional Protocol; (c) Actively utilize the information collected for policy decisions, impact assessments and the monitoring of progress on the implementation of the Optional Protocol.”
(27th October 2016, CRC/C/ZAF/CO/2, Concluding observations on the second periodic report of South Africa, paras 45, 46, 59, 60, 65 and 66) - 73rd Session
“The Committee welcomes the efforts made to provide inclusive education to all children, including children with disabilities, by developing full service schools. However, it is concerned at:
(a) The lack of legislation to affirm the right to inclusive basic education for all children with disabilities;
(b) The ineffective implementation of relevant policies due to acute shortages of staff with expertise on disabilities and insufficient allocations of financial resources;
(c) The failure to provide free, compulsory primary education to children with disabilities;
(d) The large number of children with disabilities who are out of school or are studying in specialized schools or classes, in particular children with psychosocial disabilities;
(e) Discrimination and violence by teachers and by other students, against children with disabilities;
(f) The low quality of education provided and inadequate curriculum content used for children with disabilities, particularly children with psychosocial disabilities, autism spectrum disorders and sensory disabilities, which does not equip them with the capacity to pursue higher education, employment and an autonomous life after they have completed their schooling.”
“The Committee recommends that the State party:
(a) Review Education White Paper 6: Special Needs Education: Building an Inclusive Education and Training System, of 2001, with a view to further developing a legal and policy framework for inclusive education, and to prioritizing the expansion of full service schools and the inclusion of children with disabilities in mainstream classes of mainstream schools;
(b) Allocate sufficient technical, human and financial resources for inclusive education, including the funding necessary for guaranteeing the provision of reasonable accommodation;
(c) Ensure free, compulsory primary education to all children with disabilities, provide reasonable accommodation, including personal assistants, at mainstream schools, free of charge, and prioritize enrolment in a school near to where the child concerned lives in order to avoid costly transport and boarding arrangements;
(d) Develop curricula and learning and teaching materials that facilitate respect for and the dignity and inclusion of children with disabilities in order to raise the awareness of teachers and students so as to eliminate stigmatization of children with disabilities and prejudice against them;
(e) Improve the quality, adequacy and adaptability of education provided to children with disabilities, in order to facilitate their fullest possible social integration and individual development.”
“The Committee welcomes the statement made by the State party during the dialogue that access to education remains a high priority, as well as the significant progress made in improving access to basic education. It also notes the efforts aimed at improving school infrastructure and the quality of education. However, the Committee is concerned at:
(a) The persistence of wide disparities in access to quality education, according to economic status, race and geography;
(b) The persistence of the uneven distribution of public resources, resources being allocated to address less critical issues rather than the most urgent ones, and the lack of transparency in the management of funding in the education system;
(c) The persistence of poor school infrastructure, the shortage of educational materials and the insufficient numbers and low capacity of teaching staff, including the shortage of “home language” teachers;
(d) The continuing lack of safety and security at school due to the high prevalence of violence, which includes bullying, sexual abuse and harassment, by students as well as educators;
(e) The continuing high dropout rate of pregnant students and their exclusion from schools, which still occur in practice.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on free, equitable and quality primary and secondary education for all, the Committee recommends that the State party:
(a) Further enhance its efforts to provide access to free and quality basic education for all children, prioritizing access to education by children facing multiple discrimination;
(b) Improve the transparency, efficiency and accountability of the management of the budget for education, including through active and meaningful participation by children and civil society organizations in the development of the budget and through monitoring and evaluation of its implementation;
(c) Improve the quality of education, including the quality and availability of school facilities, educational materials, teaching staff and curricula, with priority for the most disadvantaged schools;
(d) Take effective measures to prevent and eliminate school violence, committed both by students and educators;
(e) Expedite the adoption of a new policy on pregnancy among learners and ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education;
(f) Prevent early pregnancy among students through mandatory sexual and reproductive health education at school, for girls and boys.”
“The Committee is concerned that indigenous children, including children belonging to Khoisan peoples, face marginalization and discrimination. In particular, the Committee is concerned at…
(c) Inability of indigenous children to fully enjoy the right to use their own languages, including in education.”
“With reference to the Committee’s general comment No. 11 (2009) on indigenous children and their rights under the Convention and in line with the United Nations Declaration on the Rights of Indigenous Peoples, the Committee recommends that the State party…
(d) Take effective measures to promote indigenous languages, including through the provision of bilingual education to indigenous children in their own indigenous languages as well as in the official languages of the State party…”
South Korea
(24th October 2019, CRC/C/KOR/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 16, 17, 36, 41 and 42)
“While welcoming the measures taken to support children in disadvantaged situations, the Committee remains concerned that the adoption of a draft anti-discrimination act has been hampered since 2007. It is also concerned that:
(a) Rural children, economically disadvantaged children, children with disabilities, migrant children, multicultural children and refugee children from the Democratic People’s Republic of Korea experience discrimination in getting their birth registered and in accessing childcare facilities, education, health care, welfare, leisure and State protection;
(b) Achievement-based discrimination is widespread in schools;
(c) Single-parent families face prejudice and discrimination;
(d) Cases of discrimination based on sexual orientation are persistent, a situation that the State party acknowledged by stating that its policies regarding young lesbian, gay, bisexual, transgender and intersex persons is inadequate (CRC/C/KOR/5-6, para. 36)”
“Taking note of target 10.3 of the Sustainable Development Goals on ensuring equal opportunity and reducing inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard, the Committee urges the State party to expeditiously adopt anti-discrimination legislation and ensure that such legislation prohibits discrimination based on origin, sexual orientation and gender identity. It also recommends that the State party:
(a) Enact a comprehensive anti-discrimination law and strategy and conduct public campaigns to eliminate and prevent discrimination against children in vulnerable and disadvantaged situations;
(b) Ensure that all children within its territory are equally able to be registered at birth and have access to childcare facilities, education, health care, welfare, leisure and State support;
(c) Prevent and eliminate achievement-based discrimination in schools:
(d) Ensure equal treatment for all families, including in accessing child support, and review legislation and practices accordingly.”
“The Committee notes the adoption of a comprehensive plan for people with disabilities and the increase in education professionals, in training and in the budget allocated to meeting the needs of children with disabilities. With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party:
(a) To review legislation and policies to adopt a rights-based approach to disability and ensure the inclusion of all children with disabilities;
(b) To ensure that early detection and intervention programmes, including rehabilitation treatment, appropriate welfare and medical support, are provided countrywide to all children with disabilities, including asylum-seeking and migrant children with disabilities;
(c) To provide inclusive education for all children with disabilities, including by ensuring the presence of reasonable accommodations in the school infrastructure, in places for sport and leisure, in school transportation, in training and by assigning specialized teachers and assistants to provide individual support;
(d) Undertake awareness-raising campaigns to promote a positive image of children with disabilities and combat stigmatization and prejudice.”
“The Committee welcomes the adoption of the Special Act on the Promotion of the Normalization of Public Education and Regulation of Prior Learning, which aims to eradicate the practice of prior learning (i.e. the taking of private classes at the preschool level in preparation for school), the extension of the school admission quota for vulnerable groups of children, the introduction of the “free semester system” and the provision of support to out-of-school children. However, it remains deeply concerned about the excessive academic burden, accompanied by sleep deprivation and high levels of stress, which is a leading cause of suicide among children in the State party. It is also seriously concerned about the highly competitive education conditions, which virtually deprive children of their childhood, and also about:
(a) The ever-increasing reliance on private tuition, which is conditional on parents’ income and starts in preschool;
(b) The limited access to education, the low levels of school integration and the higher school dropout rates for children from vulnerable and disadvantaged groups;
(c) The fact that the right to compulsory education is guaranteed to children of the Republic of Korea while refugee, migrant and undocumented children may not be admitted into school at the discretion of the school principal and about the limited access to school services for undocumented children;
(d) The dominance of special schools for children with disabilities, the dearth of educational opportunities and accommodations for children with disabilities and the strong stigma faced by children with disabilities;
(e) Insufficient support for out-of-school children and children attending alternative schools;
(f) Educational disparities between rural and urban areas;
(g) The lack of adequate and age-appropriate education on sexuality, in the context of adolescent pregnancies and increased HIV prevalence;
(h) The inadequacy of career counselling services, which do not take into account children’s views, thereby increasing children’s vulnerability to dropping out of school;
(i) The prevalence of bullying and discrimination in schools, including in relation to academic achievement;
(j) The severe lack of time and of free and safe facilities for leisure, play and physical exercise for children, which, coupled with social pressure to excel academically, contributes to smartphone overuse for recreation”
“Recalling target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations, the Committee urges the State party to reform its public education system in line with the Committee’s general comment No.1 (2001) on the aims of education and with a view to reducing competitiveness, including by diversifying the national curriculum, reconsidering its college admissions system and strengthening career counselling. Furthermore, it urges the State party:
(a) To reduce the reliance on private education, monitor the compliance of public and private schools with the Special Act on the Promotion of the Normalization of Public Education and Regulation of Prior Learning and impose sanctions in case of non-compliance;
(b) To review the Framework Act on Education to ensure compulsory education for all children regardless of their origin, place of residence, socioeconomic and migration status and registration as immigrants; strengthen the monitoring of the quotas issued under the Social Integration Admission System to prevent corruption and abuse; and intensify and promote educational support to children in vulnerable and disadvantaged situations, including socially and economically vulnerable children, rural children, out-of-school children, children with disabilities, migrant children, undocumented children, multicultural children and refugee children from the Democratic People’s Republic of Korea, in order to facilitate and ensure their access to and integration in mainstream schools;
(c) To ensure the provision of inclusive education and reasonable accommodations to children with disabilities and promote a positive image of such children;
(d) To strengthen efforts to identify and effectively address the root causes of children dropping out of school and assess the magnitude of the phenomenon; take comprehensive and coordinated measures to ensure that all children are supported and remain in mainstream schools; and raise awareness about alternative classes and schools and ensure that all alternative schools are accredited and their diplomas are recognized;
(e) To reduce regional disparities, including by strengthening the training of teaching personnel, including by increasing the availability of such training, improving school infrastructure and increasing dedicated budgets;
(f) To provide age-appropriate sexual education, paying special attention to preventing adolescent pregnancies and HIV/AIDS and adequately covering sexual orientation and gender identity; and remove discriminatory and gender stereotypical language from the national standard on school sexual education;
(g) To strengthen and diversify career counselling and the free semester system, paying particular attention to out-of-school children, and ensure that children’s views form the basis for their career choices;
(h) To prevent and combat discrimination, including achievement-based discrimination, in schools; effectively investigate and address allegations of discrimination; and provide training on stress reduction and emotional stability;
(i) To strengthen measures to combat bullying, including cyberbullying, and ensure that such measures encompass prevention, early detection mechanisms, the empowerment of children and professionals, intervention protocols and harmonized guidelines for the collection of case-related data;
(j) To undertake awareness-raising programmes and public campaigns to change the perception of and attitudes towards rest, leisure and play as key factors to children’s development and ensure that all children have access to rest and leisure, including sports, as well as sufficient time and facilities to engage in play and recreational activities that are safe, inclusive, smoke-free, age-appropriate and accessible, including by public transport.”
Spain
(5th March 2018, CRC/C/ESP/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 14, 15, 31, 39 and 40) - 77th Session
“The Committee is seriously concerned about persisting de facto discrimination against children on the grounds of disability, national origin and socioeconomic status. It further expresses its concern at the persistence, despite efforts undertaken by the State party, of racial discrimination against and stigmatization of Roma children and children with migrant backgrounds.”
“The Committee urges the State party to strengthen measures to prevent and combat discrimination against children in all sectors of society and ensure the full implementation of relevant existing laws prohibiting discrimination. It also recommends that the State party strengthen public education campaigns to combat stigmatization and discrimination against, particularly, children from ethnic minorities, including Roma children, children with foreign backgrounds, asylum-seeking and refugee children and children with disabilities.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to fully implement a human rights-based approach to disability that ensures equal access to good-quality inclusive education in mainstream schools for children with disabilities, including the functioning of appropriate channels through which appeals against education placement decisions may be lodged. It recommends that the State party expedite the Second National Accessibility Plan and ensure its implementation with regard to the inclusion of children with disabilities. It also recommends that the State party:
(a) Organize the collection of data on children with disabilities, increase resources in mainstream schools to match the diversity of students and develop an efficient system for identifying the individual support needs of children;
(b) Take comprehensive measures to address existing differences between autonomous communities regarding the transformation to an inclusive education system, ensuring that inclusive education is given priority over the placement of children in specialized institutions and classes;
(c) Provide high-quality ongoing training for all education personnel in mainstream classes and ensure the provision of sufficient individual support for and all due attention to children with learning difficulties;
(d) Ensure that children with disabilities have access to health care, including early detection and intervention programmes;
(e) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children as rights holders.”
“The Committee is seriously concerned that, in practice, the constitutional right to education is implemented unevenly in the State party, with unequal investment in education by autonomous communities and a slight decrease in overall investment in education. It is also concerned at the high rate of individuals leaving education and training early and at the fact that almost one fifth of all secondary school students, particularly immigrant children, Roma girls and children living in poverty; do not obtain the compulsory education diploma. The Committee is also concerned about:
(a) The indirect costs of mandatory education, including textbooks, transport and school meals, which can make it difficult for children in marginalized situations to access educations;
(b) Disparities between autonomous communities regarding access to school places and support, particularly for children with disabilities and at the preschool level;
(c) The weaker education outcomes of children of Roma origin and those with migrant backgrounds, as compared to the outcomes of the general student population, and the concentration of those children in certain schools;
(d) The incidence of bullying and harassment, including on the basis of disability, sexual orientation and gender identity, in schools and on social media, and the inadequate implementation of policies and strategies to address those phenomena;
(e) The persistence of gender stereotypes in the education system, including in school curricula and textbooks;
(f) The fact that early childhood care and education do not reach the poorest families and families of children with disabilities.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of target 4.1 of the Sustainable Development Goals on ensuring that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes, the Committee urges the State party to foster a national dialogue on the basic and structural characteristics of the education system and to protect resources dedicated to education and training for children. The Committee also recommends that the State party provide reinforcement, orientation and support programmes to prevent early school leaving and:
(a) Guarantee access to high-quality mandatory education for all children, including coverage of related indirect costs;
(b) Strengthen measures to increase access to school places and support across all autonomous communities for all children, particularly children with disabilities;
(c) Actively develop measures to ensure that children of Roma origin and children with migrant backgrounds have adequate support to remain in school and ensure equal access to high-quality education;
(d) Establish a strategy to combat bullying and harassment, including cyberbullying, that encompasses prevention, early detection mechanisms, the empowerment of children and professionals, intervention protocols and harmonized guidelines for the collection of case-related data;
(e) Eliminate gender stereotypes relating to education, including in textbooks and curricula;
(f) Encourage the allocation of sufficient human, technical and financial resources to ensure that all children, including the poorest and those with disabilities, receive early childhood care and education.”
(3 November 2010, CRC/C/ESP/CO/3-4, Concluding observations: Spain, paras. 6, 46 and 47)
“The Committee welcomes the ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol (December 2007) [...]
“The Committee expresses appreciation at the measures adopted by the State Party in favor of persons with disabilities, namely the First National Accessibility Plan 2004-2012, and welcomes Organic Law No. 51/2003 of 2 December on equal opportunities, non-discrimination and universal accessibility for people with disabilities, as well as Law 39/2006 of 14 December on the promotion of personal autonomy and care for dependent persons. It notes with appreciation that one of the objectives of the National Strategic Plan for Children and Adolescents is promoting attention to children with disabilities. The Committee notes the paucity of information on the level of violence experienced by children with disabilities.
“The Committee encourages the State party to continue and strengthen its efforts in promoting and protecting the rights of children with disabilities , taking into account the Committee’s general comment No . 9 (2006) on the right of children with disabilities , and recommends that a study on violence against children with disabilities be undertaken.”
(1 October 2010, CRC.C.ESP.CO.3-4 Concluding Observations: Spain Paras. 25, 54, 55 and 56.)
“The Committee welcomes all efforts made by the State party to combat discrimination in its territory, particularly concerning children of Roma origin, children of migrant workers, unaccompanied foreign children and children with disabilities. It welcomes in particular the approval of Strategic Plan for Citizenship and Integration 2007-2010, aimed at guaranteeing access to migrant students to mandatory education and which facilitates integration in the educational system. However, the Committee remains concerned at the obstacles encountered in practice by children of foreigners in irregular situations in educational and health services.”
“The Committee welcomes the adoption of Law 2/2006 of 3 May on Education, which includes human rights content in primary and secondary education curricula in the subject of “Education for citizenship”. It further notes with appreciation the information provided by the State party according to which during the school year 2010-2011 the educational system will reach the highest ever rate of enrollment. It welcomes as well the increase in the number of teachers and the development of reinforcement, guidance and support plans to improve educational levels, particularly of students who are at an educational disadvantage and foreign pupils. The Committee shares, however, the concern of the State party at the rate of premature school drop out which continues to be very high. The Committee is also concerned at the low participation of children and adolescents in schools, which is still under-developed and is limited to School Councils starting in secondary education.”
“The Committee recommends that the State party to:
(a) Strengthen its efforts to reduce the rate of premature school drop out and take necessary measures to ensure that children complete their schooling, taking concrete action to address the reasons behind non-completion of schooling;
(b) Expand vocational education and training for children who have left school without certificates, enabling them to acquire competencies and skills in order to enhance their work opportunities;
(c) Ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalized and school-distant groups;
d) Ensure the right of children to participate in school environment starting with primary education.”
“The Committee welcomes the efforts to combat violence in schools, including through the Action Plan for the Promotion and Improvement of School Coexistence and the Master Plan for Coexistence and Improvement of School Safety, and encourages the State party to continue its efforts to combat bullying in schools and invite children to participate in efforts to reduce and eliminate these harmful behaviors.”
Sri Lanka
(2nd March 2018, CRC/C/LKA/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras 16, 29 and 38) - 77th Session
“The Committee urges the State party to take awareness-raising measures targeted at adults and children to overcome the prevalent perception that children are inferior to adults and to treat children as rights holders. Furthermore, the Committee recommends that the State party:
(a) Ensure compliance with article 2 of the Convention by incorporating the principle of non-discrimination into its domestic legislation and conduct an in-depth revision of its legislation, in order to fully guarantee non-discrimination in law and practice;
(b) Adopt a proactive and comprehensive strategy containing specific and well-targeted action, including affirmative social actions to eliminate discrimination against children in marginalized or vulnerable situations, including girls, children belonging to ethnic or ethnoreligious or indigenous minority groups, children subjected to caste-based discrimination, children living in rural areas, refugee and internally displaced children, children in street situations, children of migrant workers abroad, children in institutional care, children with disabilities and lesbian, gay, bisexual, transgender and intersex children;
(c) Combat discrimination against lesbian, gay, bisexual, transgender and intersex children, including by decriminalizing consensual same-sex sexual acts, prohibit the harassment of transgender children by law enforcement personnel and bring perpetrators of violence, including of sexual abuse of lesbian, gay, bisexual, transgender and intersex children, to justice;
(d) Ensure that girls covered by Muslim law are provided with rights on equal terms with boys, including the right to inheritance;
(e) Mobilize communities and the public at large by making systematic efforts, in collaboration with the mass media, social networks and community and religious leaders, to combat and change discriminatory attitudes towards and practices concerning children in general and children in disadvantaged and marginalized situations;
(f) Include segments on non-discrimination and equality in the mandatory school curriculum for children of all ages, adapt teaching materials and regularly train teachers accordingly.”
“The Committee, with reference to its general comment No. 9 (2006) on the rights of children with disabilities, recommends that the State party:
(a) Adopt a human rights-based approach to disability and set up a comprehensive strategy for the inclusion of children with disabilities in all public policies and programmes;
(b) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities, promote a positive image of such children and ensure that they are not portrayed as objects of charity, but as rights-holders;
(c) Collect disaggregated data on children with disabilities of all ages and improve early intervention services;
(d) Guarantee the right to education for all children with disabilities and promote and strengthen inclusive education.”
“While noting with appreciation the near-universal enrolment of girls and boys in primary education and the raising of the age until which children must remain in education from 14 to 16 years, the Committee, with reference to its general comment No. 1 (2001) on the aims of education, recommends that the State party:
(a) Address, with the necessary budget allocation, the regional disparities in school infrastructure and quality teaching, including by ensuring the availability of qualified school personnel, providing quality education in all languages, aligning curriculum contents and improving technical and infrastructural facilities;
(b) Protect children, in particular girls, from harassment, abuse and violence in schools and on their way to and from school, and combat discriminatory gender stereotypes in education programmes;
(c) Ensure that pregnant girls and adolescent mothers are under no circumstances pressured into dropping out of school and are supported in continuing their education in mainstream schools;
(d) Address the significant school dropout rate in rural areas and long-term absences, including by making available adequate transportation systems, and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school and children in street situations;
(e) Strengthen efforts to eradicate all hidden costs of schooling, in particular the practice of donations for school admittance that constitute de facto bribes;
(f) Provide school re-entry programmes for victims of child marriage.”
(19 October 2010, CRC/C/LKA/CO/3-4, Concluding observations: Sri Lanka, paras. 28, 29, 50 and 51)
“The Committee expresses concern at the persistent discrimination against [...] children with disabilities. The Committee expresses further concern about caste discrimination, which affects 20 to 30 per cent of the Sri Lankan population and contributes to their poor living conditions, rejection and marginalization.
“The Committee urges the State party to closely monitor the situation of children, in particular those belonging to the above -mentioned disadvantaged groups, who are exposed to discrimination. The State party should develop, on the basis of the results of this monitoring, a comprehensive strategy containing specific and well-targeted actions, including affirmative social actions, aimed at eliminating all forms of discrimination against them. The Committee further calls upon the State party to investigate caste-based discrimination and to mobilize communities and government employees against such discrimination through awareness-raising programmes.
“The Committee welcomes the adoption of a National Policy on Disability in 2003 which promotes an inclusive approach to education for children with disabilities. It is however concerned that a high number of children with disabilities, most of them girls, remain deprived of any type of education and that opportunities for children with some types of disabilities, such as autism, and hearing, speech and vision impairments, are almost non-existent. The Committee further expresses concern that:
(a)Social stigma, fears and misconceptions surrounding disabilities remain strong in society, leading to the marginalization and alienation of children with disabilities;
(b)No survey has been conducted in the State party on children with disabilities, which hinders the formulation of proper strategies and programmes;
(c)A proper detection system and early intervention services are lacking, due in particular to the dearth of specialized health professionals;
(d)Confusion and overlapping of powers and functions among the different ministries dealing with disability issues negatively affect the coordination of actions for children with disabilities;
(e)Few children are included in mainstream children’s programmes;
(f)Special schools assisted by the Government are not adequately registered and monitored and children with disabilities are still institutionalized in State or voluntary institutions which are not equipped to accommodate such children.
“The Committee recommends that the State party strengthen its efforts to fully implement the 2003 National Policy on Disabilities in order to ensure that all children with disabilities, in particular girls, have access to education. To this aim, the Committee reiterates its previous recommendations on the measures to be taken regarding special and mainstream education and the registration of special schools (CRC/C/15/Add.207 , para. 37 ( b)) and also urges the State party:
(a) To sensitize and educate the public at large and persons working with children with disabilities on the rights of children with disabilities in order to eliminate the stigma and marginalization of these children;
(b)To ensure that reliable statistics on children with disabilities are collected during the 2011 population census;
(c)To improve early intervention services for children with disabilities by training more health specialists and conducting mobile clinics offering their services, especially in rural areas;
(d) To designate a single body to coordinate actions and strategies for children with disabilities;
(e) To allocate the necessary human and financial resources to improve the quality of mainstream and special education, and further develop non - formal education programmes as well as comprehensive and regular teacher trainings adapted to the different types of disabilities;
(f) To remove children with disabilities from institutions which are unable to fulfil their rights and meet their needs and establish a special care system with specialized facilities and trained personnel;
(g) To take into account the Convention on the Rights of Persons with Disabilities and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
(1 October 2010, CRC-C-LKA-CO-3-4 Concluding Observations: Sri Lanka Paras. 50, 51, 62 and 63.)
“The Committee welcomes the adoption of a National Policy on Disability in 2003 which promotes an inclusive approach to education for children with disabilities. It is however concerned that a high number of children with disabilities, most of them girls, remain deprived of any type of education and that opportunities for children with some types of disabilities, such as autism, hearing, speech and vision impairments are almost non existent. The Committee further expresses concern that:
(a) Social stigma, fears and misconceptions surrounding disabilities remain strong in society, leading to the marginalization and alienation of children with disabilities;
b) No survey has been conducted in the State party on children with disabilities which hinder the formulation of proper strategies and programmes;
(c) Proper detection system and early intervention services are lacking, notably due to the dearth of specialized health professionals;
(d) Confusion and overlapping of powers and functions among the different ministries dealing with the disability issue negatively affect the coordination of actions for children with disabilities;
(e) Few children are included in mainstream children’s programmes; and
(f) Special schools assisted by the Government are not adequately registered and monitored and children with disabilities are still institutionalized in State or voluntary institutions, which are not equipped to accommodate such children.”
“The Committee recommends that the State party strengthen its efforts to fully implement the 2003 National Policy on Disabilities in order to ensure that all children with disabilities, particularly girls, have access to education. To this aim, the Committee reiterates its previous recommendations on the measures to be taken regarding special and mainstream education and the registration of special schools ( CRC/C/15/Add.207 para.37b)) and also urges the State party to:
(a) Sensitize and educate the public at large and persons working with children with disabilities on the rights of children with disabilities in order to eliminate stigma and marginalization of these children;
(b) Ensure that reliable statistics on children with disabilities are collected during the 2011 population census; …
(d) Designate a single body to coordinate actions and strategies for children with disabilities;
(e) Allocate the necessary human and financial resources to improve the quality of mainstream and special education, and further develop non formal education programmes as well as comprehensive and regular teacher trainings adapted to the different types of disabilities;
(f) Remove children with disabilities from institutions which are unable to fulfill their rights and meet their needs and establish a special care system with specialized facilities and trained personnel; and
(g) Take into account the Convention on the Rights of Persons with Disabilities and the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006).”
“The Committee commends the State party for the significant progress achieved over the years in the areas of school enrolment, literacy and gender equality. The Committee also welcomes the adoption of the Education Sector Development Framework and Programme (2006-2010) which focuses mainly on improving equity in access to education and the quality of education as well as the National Policy on Early Childhood Care and Education (ECCE) adopted in 2005. Nevertheless, the Committee is concerned that:
(a) In spite of the need for school infrastructure, especially in conflict affected areas where schooling has been disrupted for thousands of displaced children, public investment in education is at a relatively modest level and lower than the South Asian average;
(b) Significant disparities in accessing education persist between provinces, affecting in particular the Uva, Northern, North Central and Eastern provinces and the most vulnerable and marginalized children;
(c) School fees continue to be charged despite the constitutional guarantee of free education introducing discrimination against children from poor families and facilitating corruption in school admissions;
(d) The National Policy on Early Childhood Care and Education (ECCE) is not funded or implemented, leaving most early childhood development programmes in private hands;
(e) One out of five children drop out of school before completing the compulsory nine-year cycle and that high level of absenteeism and repetition persist due mainly to the low quality of education, especially in the most remote areas where unqualified teachers continue to work;
(f) Children have few opportunities to be involved in decision making in educational settings; and
(g) Insufficient efforts have been made to include human rights and peace education in the school curricula.”
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education:
a) Ensure adequate funding of the public education system and urgently develop a comprehensive education plan for conflict affected areas in the North and East of the country with clear budgetary allocations for its full implementation and monitoring;
(b) Strengthen efforts to reduce disparities among provinces and districts in access to and full enjoyment of the right to education and in particular inequalities in the distribution of resources to schools, including distribution of teachers and provide the required resources and appropriate incentives for teachers to work in disadvantaged areas;
(c) Take the necessary measures to effectively abolish school fees throughout the State party ensuring that no child is refused admission to school and take measures to prosecute perpetrators of corruption in schools;
(d) Take steps to fund the National Policy on Early Childhood Care and Education and ensure a holistic early childhood development programme for all children within the State party;
(e) Improve the quality of education and ensure that children complete their schooling by taking concrete action to address the reasons behind non-completion of schooling and ensure through a comprehensive teacher education system that teachers are well-trained and fully qualified;
(f) Provide suitable vocational or second chance education for dropouts, especially in conflict affected areas;
(g) Develop child-friendly approaches in schools and ensure effective child and community participation in decision making and management of schools; and
(h) Provide human rights education and, in particular, education in peace, tolerance and reconciliation for all children in school and train teachers on the promotion of these values in children's education.”
(2 July 2008, CRC/C/15/Add.207, Concluding observations on second report, paras. 36 and 37)
“The Committee is concerned that a significant number of children with disabilities, in particular girls, are not able to attend school and that not all special schools managed by non-governmental organizations are registered by the Ministry of Education, and they are concentrated in the more developed and urbanized Western Province.
“In light of the recommendations of the Committee’s day of general discussion on the private sector as service provider and its role in implementing child rights in 2002 (see CRC/C/121), the Committee recommends that the State party:
a) ensure that all children with disabilities, particularly girls, have access to education by increasing spending and expanding special education programmes, including non-formal special education in rural areas, and by training teachers in mainstream education about special needs;
b) register and monitor all special schools run by non-State actors....”
State of Palestine
(6th March 2020, CRC/C/PSE/CO/1, Concluding observations on the initial report, paras 4, 38, 39, 40, 41, 42, 43, 48, 49, 54 and 55) - 83rd Session
“The Committee recognizes that the ongoing Israeli occupation of the territory of the State party, its building of new settlements and blockade of the Gaza Strip constitute a serious obstacle to the implementation of the rights enshrined in the Convention and lead to grave violations of children’s rights… It recognizes that the above-mentioned challenges limit the State party’s effective control of its own territory and its possibilities to ensure children’s rights. …. It notes that, owing to this fragmentation, children are subject to multiple legal systems that impede the full realization of their rights under the Convention.”
“The Committee notes with appreciation the steps taken by the State party to increase the protection of children, including its work on the draft Decree-Law on family protection and the establishment of a child protection department in the Ministry of Social Development, as well as a child protection network, a dedicated police bureau and a database on children subjected to violence. It also notes the existence of several complaint mechanisms, including by the Ministry of Social Development, the Ministry of Justice, the police and the public prosecutor. However, the Committee is concerned about:
(a) The high incidence of children being subjected to abuse, neglect and other forms of violence, particularly in schools by teachers and peers…”
“Recalling its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence and taking note of target 16.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Effectively enforce article 29 of the Basic Law and articles 1 and 42 of the Palestinian Child Act concerning the protection of children against abuse and strengthen its measures to implement the policy on school violence (2013)…
(d) Further strengthen awareness-raising and education programmes, including campaigns, with the involvement of children in order to formulate a comprehensive strategy for preventing and combating violence against children, including a gender perspective.”
“The Committee is seriously concerned that…
(b) A high number of children experience sexual violence, particularly in the school environment, and that child victims of such violence suffer from stigmatization and discrimination;
(c) Child victims of sexual violence often lack access to justice owing to recourse to customary mechanisms and that girls who are victims of sexual abuse, in particular rape, have reportedly been required to marry the abuser.”
“Taking note of target 5.2 of the Sustainable Development Goals, the Committee urges the State party to…
(b) Develop programmes and policies, including awareness-raising activities, for the prevention of sexual exploitation and abuse, including in schools…”
“The Committee is seriously concerned about the high number of marriages of girls under the age of 18 years, which are a result of insecurity and economic deprivation and lead to early childbearing and school dropout.”
“Recalling joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices and taking note of target 5.3 of the Sustainable Development Goals, the Committee urges the State party to take active measures to put an end to child marriage and develop awareness-raising campaigns and programmes on the harmful effects of child marriage on the physical and mental health and well-being of girls and boys.”
“While noting that the Decree-Law of 2017 on public education stipulates the adoption of a policy to implement inclusive education and that the General Directorate for Counselling and Special Education of the Ministry of Education conducts awareness-raising activities to combat stereotypes against persons with disabilities, the Committee is concerned about:
(a) The absence of information on the precise timeline for adopting the draft Decree-Law on the rights of persons with disabilities, for updating the national strategy on disability of 2012 and the national strategy for inclusive education of 2014, and for launching the “Disability Card” and an integrated database on persons with disabilities;
(b) Children with disabilities being subjected to stigmatization, discrimination, abandonment and concealment from society;
(c) Abuse and violence committed against adolescent girls with disabilities.”
“Recalling its general comment No. 9 (2006) on the rights of children with disabilities and recalling also the commitment made by the State party on the occasion of the thirtieth anniversary of the Convention to draft a law on the rights of persons with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, establish a comprehensive strategy for the inclusion of children with disabilities in society that incorporates, inter alia, the development of accessible services, including health, education, social protection and support services, and:
(a) Expedite the adoption of the draft Decree-Law on the rights of persons with disabilities, the revision of relevant national policies and strategies and any other measures necessary, in cooperation with the council on persons with disabilities, to ensure that children with disabilities are guaranteed equal rights;
(b) Undertake awareness-raising campaigns in order to combat stigmatization, prejudice and multiple forms of discrimination against children with disabilities, promote a positive image of such children and their recognition as rights-holders, with respect for their dignity and evolving capacities on an equal basis with other children;
(c) Promptly investigate all cases of abuse and neglect committed against children with disabilities, paying special attention to those committed against girls and adolescents with disabilities, adequately sanction the perpetrators, and strengthen its efforts to protect girls with disabilities from abuse and neglect.”
“The Committee is extremely concerned about challenges faced in the realization of the right to education, including the detrimental effect of the Israeli occupation, its building of settlements and the blockade of the Gaza Strip. In particular, the Committee is concerned about:
(a) The limited access of children to quality education, the shortage of qualified teachers, the requirement for some students to pay school fees, the lack of water and sanitation facilities in schools, the low enrolment rate in early childhood education and the insufficient access to vocational education;
(b) The high percentage of children with disabilities who are out of school, the prevalence of segregated education and the absence of adapted curricula, specialized teachers and accessible school buildings;
(c) The prevalent attacks on school facilities and personnel by Israeli forces and non-State armed groups operating from the Gaza Strip, the use of schools for military or other purposes by Israeli forces and the disruption of education through law enforcement operations by the Palestinian security forces, resulting in children and teachers being killed or injured and school facilities being damaged, which leads to the overcrowding of the remaining schools and the absence of children from school;
(d) The detrimental effect of the rule by the Ministry of Education and Higher Education, according to which an absence from school of more than 30 days requires a child to repeat a class;
(e) Reports that the contents of some textbooks do not promote peace and tolerance as outlined in article 29 of the Convention.”
“The Committee urges the State party:
(a) Strengthen its efforts to improve the quality of education, ensure an adequate number of qualified teachers, develop a strategy on early childhood education and implement its national strategy for vocational and technical education;
(b) Provide inclusive education for all children with disabilities, including by finalizing the policy on inclusive education, and ensuring the training of teachers, the elaboration of adapted curricula and the reasonable accommodation of school infrastructure, paying particular attention to children with psychosocial and intellectual disabilities;
(c) Take all possible measures to protect students and teachers from the negative impact of the armed conflict on education, including preventive measures by the Palestinian security forces when undertaking law enforcement operations around schools, and by implementing its pledges under the Safe Schools Declaration, and ensure that non-State armed groups operating in the State party respect international humanitarian and human rights law and respect schools as protected objects;
(d) Provide children who cannot attend school owing to a lack of safety, whether at school or on the way to and from school, with continued learning opportunities and repeal the rule of the Ministry of Education and Higher Education that obliges such students to repeat a class;
(e) Ensure that the contents of school curricula are aligned with the aims of education as set out in article 29 of the Convention, in particular the promotion of peace and tolerance.”
St Vincent & Grenadines
(13 March 2017, CRC/C/VCT/2-3, Concluding observations on the combined second and third periodic reports, Paras. 20, 21, 22, 23, 43, 44 and 54) - 74th session
“The Committee notes that the Status of Children Act (2011) eliminated provisions discriminating against children born out of wedlock in matters of inheritance. However, it is concerned that the legislation of the State party does not fully reflect the provisions of article 2 of the Convention. It is also concerned about reports of discrimination against the following groups of children:
(a) Children with disabilities, including children with intellectual and psychosocial disabilities;
(b) Children living with or affected by HIV/AIDS.”
“The Committee recommends that the State party:
(a) Amend its legislation to ensure that it corresponds fully with the provisions of article 2 of the Convention and to ensure the full implementation of nondiscriminatory provisions;
(b) Adopt legislation to ensure the provision of the services necessary for the realization of substantive equality for and the protection of the rights of children with all types of disabilities, such as physical, sensory, intellectual and psychosocial disabilities, including the provision of reasonable accommodation so that they can lead an autonomous life in the community and access inclusive education;
(c) Conduct awareness-raising campaigns directed at children and adolescents, the general public and professionals working with children to provide accurate information on HIV/AIDS and to eliminate stigma and discrimination against children living with or affected by HIV/AIDS.”
“The Committee is also concerned at de jure and de facto discrimination against lesbian, gay and bisexual children, in particular the criminalization of consensual same-sex conduct between men under the Criminal Code (1990), which may penalize boys above 16 years of age for same-sex sexual activity. It is also concerned about the perception, reflected in policies and practices, that lesbian, gay and bisexual children have a psychosocial disorder.”
“The Committee recommends that the State party repeal the legal provisions criminalizing same-sex conduct between males above 16 years of age, that it raise public awareness of the equality of and the importance of not discriminating against lesbian, gay and bisexual people and that it fully respect the diversity of children’s sexual orientation.”
“The Committee is concerned:
(a) That limited information and data on children with disabilities are available and that the general public is not sufficiently aware of the existence of children with disabilities and of their rights, which may undermine efforts to identify disabilities early on and to intervene in a timely and effective manner;
(b) That children with disabilities are not included, as a matter of policy, into regular classes in regular schools, that many of them remain out of school and that an insufficient number of teachers have the skills needed to provide an inclusive education;
(c) That children with disabilities do not have access to public transport and public buildings owing to the existence of physical barriers;
(d) That the Immigration (Restriction) Act uses derogatory terminology in respect of persons with disabilities and that foreign children with disabilities may be denied entry into the State party on the ground of their disabilities, including in cases of family reunification”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to:
(a) Adopt a human rights-based approach to disability;
(b) Set up a comprehensive strategy for the inclusion of children with disabilities, including those with physical, sensory, intellectual and psychosocial disabilities;
(c) Collect disaggregated data on children with disabilities;
(d) Develop an efficient system for detecting disability at an early stage, in order to provide the support and the services necessary for the fullest possible social integration and individual development of children with disabilities;
(e) Ensure that laws, policies and programmes, including the education development plan, prioritize inclusive education over the placement of children in specialized institutions and classes;
(f) Train and raise the awareness of all teachers and other professionals on inclusive education and encourage the hiring of teachers with disabilities;
(g) Ensure that children with disabilities have access to public transportation and public buildings, including all schools and hospitals;
(h) Revise the Immigration (Restriction) Act to eliminate derogatory terminology on persons with disabilities and abolish the denial of entry into the State party on the ground of disability;
(i) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee welcomes the substantial efforts made under the “education revolution”, including the proclamation of the Education Act (2006) in 2015, which established universal access to primary and secondary education for children between 5 and 16 years of age, and the provision of early childhood education and care to the majority of children between 3 and 5 years of age. However, the Committee is concerned that:
(a) The hidden costs of education, such as those linked to books and specialized services, are undermining access to education, including compulsory education, by children living in poverty;
(b) Girls drop out of school or choose an alternative education owing to pregnancy;
(c) Many children are not equipped to access gainful work or to enrol themselves for higher education after they have completed their primary and secondary education owing to the low quality of education and the inability of primary and secondary education to adapt to the needs of changing societies and communities.”
St Lucia
(8th July 2014, CRC/C/LCA/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 36, 37, 40, 41, 54 and 55) - 66th Session
“While welcoming the social support programmes for families, including the Parenting Program initiative and the Roving Caregivers Programme, the Committee is concerned that many families, in particular those in situations of poverty, face food insecurity and lack appropriate assistance in the performance of their child-rearing responsibilities, especially in the form of family counselling and parenting education programmes. The Committee is also concerned about inadequate financial support and accessible early childhood education and care for young children.”
“The Committee recommends that the State party:
(a) Step up its efforts to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, in particular in situations of poverty and especially in rural areas, including by strengthening the system of family benefits and child allowances, and other services, such as accessible early childhood education and care;
(b) Develop and implement the National Parenting Programs, taking into consideration the challenges and risk factors including poverty, unemployment, domestic violence, substance abuse, low self-esteem and illiteracy that may negatively impact parenting capacity-building or may perpetuate parenting vulnerabilities; and expand family counselling and parenting education programmes, and other programmes, including the Roving Caregivers Programme and the Extended Early Childhood Health Outreach programme.”
“The Committee notes the development of a draft National Policy for Persons with Disabilities (2006), the establishment of five Special Education Centres, the opening of the Dennery Child Development Centre, and the provision of various services. The Committee is nonetheless concerned:
(a) That the necessary legislative and policy reforms to secure the rights and active participation of children with disabilities in all spheres of society have not taken place, including adoption and implementation of the draft National Policy for Persons with Disabilities; and at the lack of public awareness of the rights of children with disabilities;
(b) That training for teachers who work with children with disabilities is insufficient;
(c) That children with disabilities are not effectively integrated into all areas of social life;
(d) That sufficient and adequate facilities for children with disabilities, including schools, sports and leisure facilities and residential facilities, are lacking.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Continue to increase its efforts to promote and protect the rights of children with disabilities, including by adopting and implementing the National Policy for Persons with Disabilities without further delay;
(b) Ensure that schools provide inclusive education, that both schools and care facilities are adequately staffed and funded, and that children with disabilities are treated with dignity and respect and can benefit from effective protection;
(c) Ensure that training is provided for professionals working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel, and undertake sustained public awareness campaigns to familiarize the public and other stakeholders with the rights of children with disabilities and with the National Policy for Persons with Disabilities;
(d) Take all the necessary measures to ensure that children with disabilities are fully integrated into all areas of social life, including schools, sports and leisure activities, and that facilities and other public areas are accessible for children with disabilities.”
“The Committee welcomes the increase in enrolment in secondary schools, the decrease in drop-out rates among secondary school students, and programmes targeting underprivileged children and children at risk of dropping out of school. The Committee also notes the efforts of the State party to provide universal access to early childhood education for all children in the State party. The Committee is nevertheless concerned about insufficient access to education for the most disadvantaged, including children with learning disabilities, children from low-income families, and children in rural areas; the still high drop-out rates, especially among boys; and the lack of programmes to support underprivileged children and children at risk of dropping out of school. It is also concerned about the lack of information on teenage mothers returning to school; early childhood care and the low number of children aged 0 to 5 who have access to early childhood education; and the regulation of preschool centres that are privately owned.”
“Taking into account its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Take the necessary measures to improve the accessibility and quality of education for all children, and provide quality training for teachers, including through the establishment and strengthening of policy frameworks and guidelines, with particular emphasis on rural areas, and mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training are made an integral, substantive and mandatory component of all teacher training at all levels;
(b) Step up efforts to reduce the premature dropout rate, especially among boys, including addressing the reasons behind the non-completion of schooling;
(c) Develop and promote quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(d) Ensure that pregnant teenagers and adolescent mothers are supported and assisted in continuing their education in mainstream schools;
(e) Allocate sufficient financial resources for the development and expansion of early childhood education by implementing the Early Childhood Policy, ensuring access to quality early childhood development programmes and preschool education for all children, in particular in low-income and rural areas, and ensure that privately owned preschools are subject to government regulation and inspections.”
(21 September 2005, CRC/C/15/Add.258, Concluding observations on initial report, paras. 54, 61 and 63)
“The Committee recommends that the State party: ...
b) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339);
c) encourage the integration of children with disabilities into the regular educational system and their inclusion into society, inter alia, by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“While the Committee is encouraged that the State party has developed “Education Sector Development Plan 2000 to 2005 and Beyond” and that there has been an increase in secondary school enrolment, it remains concerned that the State party does not provide universal access for children in particular to secondary school. It is further concerned at the lack of continued education of school-aged teen mothers, and the growing number of children who drop out of school, particularly among boys.
“In the light of articles 28 and 29 of the Convention and its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party allocate adequate human and financial resources in order to:
a) adopt effective measures to include all children in primary education and urgently decrease the dropout rates for children, particularly boys; ...
d) ensure that teenage mothers continue their education.”
Sudan
(22 October 2010, CRC/C/SDN/CO/3-4, Concluding observations: Sudan, paras. 48 and 49)
“The Committee takes note of the State party’s information that various measures to implement the rights of persons with disabilities, including the adoption of a national policy for disability, have been taken. Nevertheless, the Committee notes with concern the absence of a comprehensive regulatory framework for mainstreaming disability in town planning, in the social services sector and in the overall protection of child rights. It is also concerned at the exclusion suffered by children with disabilities in social, educational and other settings and at the limited access to basic services.
“The Committee recommends that the State party:
(a) Ensure that the rights of children with disabilities are mainstreamed in both legislation and policy across all areas of child rights;
(b) Take effective steps to combat isolation, social stigmatization and other forms of discrimination in all areas, including schools, by implementing a comprehensive integration policy;
(c) Ensure that children with disabilities have equitable access to basic services, including health and education; and
(d) Conduct programmes, implemented with the assistance of the media, civil society organi z ations and community leaders, to raise awareness of the rights of children with disabilities and to combat discrimination against them.”
(1 October 2010, CRC-C-SDN-CO-3 Concluding Observations: Sudan Paras. 48, 49, 64, 65, 66 and 67)
“The Committee … is also concerned at the exclusion suffered by children with disabilities in social, educational and other settings and at the limited access to basic services.”
“The Committee recommends that the State party:
(a) ensure that the rights of children with disabilities are mainstreamed in both legislation and policy across all areas of child rights;
(b) take effective steps to combat isolation, social stigmatization and other forms of discrimination in all areas, including schools, by implementing a comprehensive integration policy;
(c) ensure that children with disabilities have equitable access to basic services, including health and education; and
d) conduct programmes, implemented with the assistance of the media, civil society organisations and community leaders, to raise awareness of the rights of children with disabilities and to combat discrimination against them.”
“The Committee expresses its deep concern that, due to the protracted armed conflict and to ongoing instability, the majority of children in Southern Sudan do not receive primary or secondary education. The Committee notes with concern the extremely low budget allocations for education, resulting in the lack of availability of trained teachers, poor school infrastructure and a chronic shortage of supplies and equipment. The Committee is, furthermore, concerned that many children are obliged to work outside the home in order to earn income for school fees. The Committee is also concerned over the limited opportunities for primary education as well as the unavailability of secondary education for children in camps accommodating internally displaced persons (IDPs) in Darfur.”
“The Committee recommends that the State party ensure that adequate financial resources are made available for the education sector, particularly in Southern Sudan and Darfur. In particular, the State party is urged to focus its efforts on:
(a) ensuring that primary education is free and that secondary education is available and accessible for all children;
(b) rebuilding damaged infrastructure, including school buildings and sanitation facilities;
(c) strengthening current efforts to provide additional, qualified staff and ensuring adequate supplies of materials and equipment; and
(d) ensuring that primary and secondary education is available for all children in IDP camps in Darfur.”
“The Committee notes with concern that enrolment and completion rates at both primary and secondary school levels in the State party as a whole remain extremely low. It is also concerned that, due to factors such as the low priority generally given to the education of girls, early marriage and poverty, many girls do not attend school. The Committee regrets the lack of information on the vocational education and training opportunities available to children in the State party.”
“The Committee recommends that the State party take effective measures to ensure access to free primary and affordable secondary education for all children. Such measures should:
(a) address low enrolment as well as completion rates;
(b) take into account the effect of poverty and income disparities on the realization of the right to education;
(c) pay adequate attention to the particularly vulnerable situation of girls and to the role played by traditional views on the place of women and girls in society; and
(d) integrate long-term programmes to raise awareness of the importance of education and of the rights of all children in this regard;
(e) provide early childhood education facilities, in particular for children from disadvantaged backgrounds; and
(f) provide vocational education and training in order to better prepare children for qualified work and employment.”
(9 October 2002, CRC/C/15/Add.190, Concluding observations on second report, paras. 26, 46, 53, 54, 55 and 56)
“The Committee is concerned that:
a) there are significant inequalities regarding access to basic health and education services between children living in different parts of the country, most especially between southern Sudan and the rest of the country....
“In the context of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the results of the Committee’s day of general discussion on the rights of children with disabilities, held on 6 October 1997 (see CRC/C/69, paras. 310-339) the Committee recommends that the State party:
b) make every effort to bring an end to traditional beliefs and stigma prejudicial to children with disabilities, including through education and information programmes;
e) adopt and implement, as needed, legislative and administrative provisions to ensure that children with disabilities have access to public buildings, including hospitals and schools....
“The Committee takes note of the adoption of the General Education Act 2002 and the establishment of a girls’ basic education service and of an education service for nomadic children....
“The Committee recommends that the State party: ...
e) give particular attention to ensuring the enrolment in school of girls, children with disabilities, refugee children and children from nomadic groups, and continue and strengthen efforts to provide special education and mobile education facilities for children with disabilities and nomadic children, respectively, who are in need of them; ...
g) make particular efforts to improve access to education in southern Sudan....
“The Committee is deeply concerned at the fact that the availability, accessibility and quality of education in the southern part of the country is much worse than in the rest of the country (e.g. only 16-18 per cent of children have access to education and not more than 20 per cent of those are girls; the drop-out rate is still high; teachers are not paid salaries and most of them are not qualified; schools are often too far away and education is regularly disrupted by the armed conflict; and availability of educational material is very limited). These and other concerns lead to the following recommendations, particularly for the southern part of the country.
“The Committee recommends that the State party: ...
c) implement measures to improve children’s access to schools through, inter alia, the provision of transport to schools over a certain distance away or the establishment of additional schools closer to children;
d) give particular attention to increasing the number of girls enrolling in and completing education....”
Suriname
(9th November 2016, CRC/C/SUR/CO/3-4, Concluding observations on the combined third and fourth periodic reports, paras 14, 26, 27, 34 and 35) - 73rd Session
“The Committee recommends that the State party ensure that all children in the State party enjoy equal rights under the Convention, both in law and in practice, without discrimination, and intensify efforts to ensure the effective elimination of any form of discrimination against children from Amerindian and Maroon communities, children of Haitian migrants, children living with HIV/AIDS, lesbian, gay, bisexual, transgender and intersex children and other groups of children in marginalized situations through, among other things, awareness-raising campaigns and education, especially at the community level and in schools.”
“The Committee is seriously concerned that:
(a) Insufficient support is given to caregivers of children with disabilities;
(b) Children with disabilities continue to face discrimination and are not effectively integrated into all areas of social life, including the education system, in particular in the interior areas of the State party;
(c) Inadequate care is provided in residential care institutions, and abuse and violence, including sexual abuse, by service providers and family members persist;
(d) Insufficient training is provided to teachers who work with children with disabilities;
(e) Facilities for children with disabilities, including schools, sports and leisure facilities and residential facilities, are insufficient and inadequate.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and to devise a comprehensive strategy for the inclusion of children with disabilities. It specifically recommends that the State party:
(a) Ratify the Convention on the Rights of Persons with Disabilities and strengthen efforts to implement the requisite legislative framework and policies for the effective protection of the rights of children with disabilities, including adoption of the draft law on special education and the draft law on primary education, as well as the draft policy on persons with disabilities.
(b) Strengthen support to caregivers of children with disabilities, including by increasing social benefits and other services;
(c) Ensure that schools provide inclusive education and that both schools and care facilities are accessible and adequately staffed and funded, as well as ensure that training is provided for professionals working with children with disabilities, such as teachers, social workers, and health, medical, therapeutic and care personnel;
(d) Periodically review the placement of children with disabilities in alternative care settings and monitor the quality of care therein, including by providing accessible channels for reporting, monitoring and remedying maltreatment of children;
(e) Take all the measures necessary to ensure that children with disabilities are fully integrated into all areas of social life, including schools, and sports and leisure activities, and that facilities and other public areas are accessible for children with disabilities;
(f) Conduct awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities.”
“The Committee commends the State party for the high net enrolment rate for primary education and welcomes the numerous initiatives to improve education quality and programmes, including the launch of the Programme for More Effective Schools in Suriname (PROGRESS). The Committee, however, is seriously concerned about:
(a) The relatively low educational achievements of children in the State party, in particular children from economically disadvantaged communities, the low primary school completion rates and the low retention rates at the secondary level, in particular in the interior areas of the State party;
(b) The lack of schools in some of the remote districts and the insufficient number of professionally trained teaching staff at all levels, inadequate teacher training and materials and poor infrastructure;
(c) The insufficient access to education by children from low-income families, especially in the interior areas, the low compulsory school age, barriers to accessing education, including fees for school materials, and gaps with respect to early childhood education;
(d) The large number of students who drop out of school, in particular girls in the interior areas and boys nationally, and the large number of students repeating grades;
(e) The lack of a formal government policy on pregnant girls in schools, insufficient support for the reintegration of school-aged mothers into the education system and persistent stigmatization of pregnant teenagers and teenage mothers in schools;
(f) The quality of care and issues relating to safety and hygienic requirements, the educational backgrounds of staff and the carrying out of background checks on staff working in registered day-care facilities, including public kindergartens, semi-public kindergartens, nurseries and preschool centres.”
“In the light of its general comment No. 1 (2001) on the aims of education and taking note of targets 4.1, 4.2, 4.5 and 4.a of the Sustainable Development Goals, the Committee urges the State party to:
(a) Continue efforts aimed at improving access to education, regardless of the ability to pay fees for school materials, at both the primary and secondary levels, and improve the quality of education by ensuring adequate and timely funding, adequate facilities, learning materials and education tools that take into consideration the national and local context, with particular emphasis on the interior areas,
and by increasing safe transportation and the use of information and communication technologies;(b) Increase the number of qualified teachers and step-up quality training for teachers, including kindergarten and primary school teachers, by expanding the capacity of the Centre for Continuing Education, in line with the child-friendly schools initiative and United Nations Development Assistance Framework (UNDAF) 2012-2016, in cooperation with UNICEF;
(c) Adopt and implement legislation and policy on early childhood education, allocate sufficient financial resources for the development and expansion of early childhood education, in particular in the interior areas, based on a comprehensive and holistic early childhood care policy, and approve the Early Childhood Development Standards;
(d) Adopt and implement the bill on Basic Education, which would extend compulsory education from ages 4 to 16 and strengthen child-friendly approaches to education, including the “I Believe in You” and PROGRESS programmes, and implement the recommendations contained in the report of the Preparation Education Innovation Task Force for strengthening the education system;
(e) Strengthen efforts to reduce the premature dropout rate, including addressing the reasons for the non-completion of schooling, and develop and promote quality vocational training to enhance the skills of children, especially those who drop out of school, in particular boys and girls who became pregnant while in school;
(f) Implement the framework bill to ensure the registration of day care centres and ensure that such centres meet health, safety and educational requirements.”
(18 June 2007, CRC/C/SUR/CO/2, Concluding observations on second report, paras. 49, 50, 59, 60, 61 and 62)
“The Committee welcomes the implementation by the State party of a public-awareness campaign aimed at the inclusion of children with disabilities.... The Committee also welcomes the development of a lesson plan for teachers from primary schools to create awareness for the children at those schools regarding disabilities, the setting up of a multi-disciplinary team for referrals of children to special education, and the existence of parent associations to educate parents on how to deal with children with disabilities. The Committee notes that special education facilities are available at primary and secondary level. Nevertheless, the Committee expresses its concern at the continued absence of legal protection and lack of adequate facilities and services for children with disabilities.
“In the light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 on the rights of children with disabilities (CRC/C/GC/9, 2006), the Committee recommends that the State party:
a) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification;
b) take all necessary measures, in particular the adoption of the Draft Law on Special Education, to ensure the implementation of legislation providing protection for children with disabilities;
c) make every effort to provide programmes and services for all children with disabilities;
d) intensify its awareness campaigns to sensitize the public to the rights and special needs of children with disabilities and further encourage their inclusion in society;
e) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers.
“The Committee ... notes that a Law on Special Education has been drafted.... While the Committee notes with appreciation the increased enrolment and completion rates in primary schools, it is nevertheless concerned at the significantly low primary school attendance rates of children living in the interior of the country, almost all belonging to indigenous and minority groups, and at the lack of early childhood education. The Committee also notes with concern the high number of children (especially boys) dropping out of schools....
“The Committee recommends that the State party, taking into account the Committee’s General Comment No. 1 (CRC/GC/2001/1) on the aims of education:
a) reduce socio-economic and regional disparities in access to and full enjoyment of the right to education, and take specific measures to significantly reduce the high rates of dropouts; ...
f) widen the scope of second-chance opportunities for children (especially boys) who have dropped out of school and teenage girls who have become pregnant.
“The Committee is concerned that despite laws prohibiting discrimination on the basis of race or ethnicity, children belonging to indigenous or minority groups such as Amerindians and Maroons, are subjected to discrimination in, inter alia, access to education, health and public services.
“The Committee urges the State party to recognize and implement the rights of persons, including children, belonging to indigenous and minority groups and recommends that the State party undertake awareness-raising activities to address negative attitudes and prejudices towards children or people belonging to such groups. In particular, the Committee urges the State party to ensure that children belonging to indigenous or minority groups have equal treatment and access to education, health and other services.”
Swaziland
(16 October 2006, CRC/C/SWZ/CO/1, Concluding observations on initial report, paras. 25, 48, 49 and 60)
“... The Committee is deeply concerned at the situation of girls, in particular adolescent girls who suffer marginalization and gender stereotyping, compromising their educational opportunities...
“The Committee is concerned about the discrimination against children with disabilities. It notes with concern that equal opportunities for children with disabilities are jeopardized, e.g. by their limited access to health, education, sporting facilities and the physical environment, and that social stigma, fears and misconceptions surrounding disabilities remain strong in society, leading to the marginalization and alienation of these children....
“The Committee recommends that the State party, while taking into account the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (1997), take all necessary measures: ...
d) to provide children with disabilities with access to adequate social and health services, to quality education and to the physical environment, information and communication; and
e) to ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers, are adequately trained.
“The Committee recommends that the State party, taking into account its general comment No. 1 (CRC/GC/2001/1) on the aims of education: ...
c) undertake additional efforts to ensure access to formal and informal education to vulnerable groups, including orphans, children with disabilities, and children living in poverty, inter alia by eliminating the indirect costs of school education....”
Sweden
(7 March 2023, CRC/C/SWE/CO/6-7 Advanced Unedited Version, Concluding observations on the combined sixth and seventh periodic reports, paras.17, 38.) - 92nd Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination and education.”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(6th March 2015, CRC/C/SWE/CO/5, Concluding observations on the fifth periodic report, paras 15, 16, 31, 32, 39, 40, 51 and 52) - 68th Session
“The Committee commends the State party for its efforts in addressing various forms of discrimination, including its comprehensive anti-discrimination legislation, the long-term strategy to promote equal rights and opportunities regardless of sexual orientation, gender identity or gender expression, and the Commission against Anti-Gypsyism. The Committee is concerned however that:
(a) Certain groups of children continue to face discrimination, in particular children from disadvantaged and marginalized families and children of migrant families, including African and Afro-Swedish children;
(b) The term “race” has been deleted in the new Anti-Discrimination Act and the Instrument of Government, and that there are no explicit legal provisions declaring illegal and prohibiting organizations promoting and inciting racial hatred, as previously pointed out by the Committee on the Elimination of Racial Discrimination (CERD/C/SWE/CO/19-21, paras. 6 and 13);
(c) There are cases of Roma children being discriminated against by their schoolmates;
(d) There are cases of lesbian, gay, bisexual and transgender (LGBT) children experiencing bullying, intimidation and violence.”
“The Committee encourages the State party to step up its efforts and strengthen its measures to combat effectively all forms of discrimination and to:
(a) Amend its legislation to enforce the prohibition of discrimination associated with, inter alia, ethnicity and to declare illegal organizations promoting and inciting racial hatred;
(b) Place particular focus on preventive activities against discrimination and, where necessary, take affirmative action to protect children in vulnerable situations, including children from marginalized and disadvantaged families, with a migration background, and Roma and LGBT children;
(c) Undertake awareness-raising programmes, including campaigns specifically targeted at children, including adolescents, to eliminate all forms of discrimination.”
“The Committee, while appreciating the measures undertaken by the State party to combat bullying, notes with concern that school action plans on bullying are reportedly rarely based on a survey of needs, that the number of pupils subjected to some form of harassment, including online bullying, by other pupils is increasing and that social media outlets are not sufficiently involved in combating bullying and harassment online.”
“The Committee recommends that the State party step up its efforts to combat all forms of bullying and harassment, including online bullying and bullying by mobile telephone, and in particular:
(a) Increase the involvement of social media outlets, improve the capacity of teachers and all professionals working in schools and of students to accept diversity at school and improve students’ conflict resolution skills, and involve children in the initiatives aimed at eliminating bullying;
(b) Ensure that all schools carry out periodic surveys among students, staff and parents on their experiences in relation to bullying and harassment, and base their action plans for combating bullying on those surveys.”
“While welcoming the new provision in Act No. 1993:387 regarding subsidies and services for certain disabled persons, which provides that a child with a disability shall have the opportunity to present his or her views about any action affecting him or her, the Committee is concerned that children with disabilities are not systematically heard with regard to issues that concern them, and lack opportunities to express themselves, as highlighted by the Committee on the Rights of Persons with Disabilities (see CRPD/C/SWE/CO/1, para. 19). The Committee is also concerned that:
(a) No separate statistics are kept on crimes against children with disabilities, and that children with disabilities are exposed to higher rates of violence than their non-disabled peers;
(b) Although the number of children having access to inclusive education is very high, the Education Act enables schools to deny a place to pupils with disabilities when taking the child would involve “significant organizational or financial difficulties”, provided the municipality can offer an equivalent alternative;
(c) The Education Act provides that children with disabilities need to achieve the “minimum knowledge requirements”;
(d) Parents and staff working with children with disabilities are insufficiently informed and trained on those children’s special needs.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and in particular to:
(a) Ensure that existing safeguards for the right of children with disabilities to be consulted on all matters concerning them are effectively implemented;
(b) Collect data on children with disabilities who have become victims of crimes, and provide the Committee with information on its findings in its next report; conduct research and collect data and statistics on violence against children with disabilities; and reinforce its strategy and initiatives for the sensitization and training of parents and staff working with children, and for awareness-raising among the general public;
(c) Ensure that all children have access to schools without discrimination and, to that end, abolish the provision of the Education Act which makes the acceptance of a child with disabilities conditional upon certain factors, and allocate sufficient human, technical and financial support to ensure that no schools are confronted with organizational or financial constraints that hamper fully inclusive education;
(d) Take prompt legal measures and allocate all the necessary resources to ensure that every child with disabilities is given the opportunity and all the necessary assistance to reach the highest level of education possible given his or her individual capacities;
(e) Develop awareness-raising and education programmes for parents and teachers on how to recognize and address the special needs of children with disabilities.”
“The Committee notes with concern that children who are considered as being “in transit” face difficulties in accessing education and that the rate of school dropout is higher for children with a migration background.”
“The Committee recommends that the State party amend its legislation to ensure that children considered as being “in transit” are provided with full access to education, take all the necessary measures to effectively reduce the dropout rates among such children and provide opportunities for those who have dropped out of school to re-access schooling.”
(12 June 2009, CRC/C/SWE/CO/4 Advance unedited version, Concluding observations on fourth report, paras. 5, 41, 54 and 55)
“The Committee welcomes a number of positive developments in the reporting period, including:
a) the Anti-Discrimination Act which entered into force on 1 January 2009, includes age as a ground of discrimination and prohibits discrimination in all parts of the education system, as well as the establishment of the Office of the Equality Ombudsman responsible for its implementation....
“The Committee recommends that the State party, in accordance with article 23 of the Convention and taking into account General Comment No. 9 (CRC/C/GC/9) as well as the Convention on the Rights of Persons with Disabilities and its Optional Protocol, continue to strengthen measures to protect and promote the rights of children with disabilities, inter alia, by:
a) developing and implementing a comprehensive policy for the protection of children with disabilities and for their equal access to social, educational and other services;
b) ensuring that equal access to services is provided to children with disabilities taking into consideration the standard rules on the equalization of opportunities for persons with disabilities (General Assembly resolution 48/96); ...
d) providing equal educational opportunities for children with disabilities, including by providing the necessary support and ensuring that teachers are trained to educate children with disabilities within the regular schools.
“While noting with appreciation the numerous efforts of the State party in the sphere of education, in order to guarantee the objectives set out in the Convention, the Committee remains concerned that children without residence permit, in particular ‘children in hiding’ and undocumented children, do not enjoy the right to education. However, the Committee notes the statement by the State party in its replies to the List of issues that the Government plans to appoint a supplementary inquiry to propose how the right to education can be further extended....
“The Committee recommends that the State party pursue its efforts to ensure that all children enjoy the right to education, including children without residence permit, such as ‘children in hiding’ and undocumented children....”
(30 March 2005, CRC/C/15/Add.248, Concluding observations on third report, paras. 18, 19, 20, 37 and 38)
“The Committee welcomes the measures taken by the State party to combat racism, especially as it pertains to children, and to ensure that education of children is directed to the development of respect for civilizations different from his/her own and of friendship among all peoples, in accordance with article 29 (1) of the Convention. However, the Committee is concerned about reports of racism, especially in schools, and of racist organizations recruiting children from the age of 13.
“The Committee recommends that the State party continue strengthening the measures taken to combat racism and xenophobia, including in the field of education.
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention undertaken by the State party to follow-up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking account of the Committee’s general comment No. 1 (2001) on the aims of education.
“The Committee ... is, nevertheless, concerned that:
a) children without resident permit, in particular children ‘in hiding’, do not have access to education;
b) there are considerable variations in results among the various regions.
“The Committee recommends that the State party pursue its efforts to ensure that:
a) all children enjoy the right to education, including children without resident permit, and ‘children in hiding’;
b) variations in results and differences between schools and regions are eradicated....”
Switzerland
(22nd October 2021, CRC/C/CHE/CO/5-6, Concluding observations on the combined fifth and sixth periodic reports, paras. 17, 18, 33 and 34)
“The Committee welcomes the efforts to combat discrimination against children in disadvantaged situations and to expand the grounds on which discrimination is prohibited under article 261 bis of the Criminal Code to include sexual orientation. However, the Committee is concerned about de facto discrimination against children in disadvantaged situations, in particular with regard to access to education and health services, and that discrimination on all explicit grounds covered under the Convention, including sex, disability or socioeconomic or other status, is not prohibited under article 261 bis of the Criminal Code.”
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Ensure that all forms of discrimination, including on the basis of sex, disability and socioeconomic, residence or other status, are prohibited by law;
(b) Ensure the full implementation of relevant laws prohibiting discrimination, including by raising public awareness of the legal prohibition of discrimination, adequately sanctioning perpetrators, and removing procedural barriers that prevent child victims of discrimination from accessing justice and receiving remedies;
(c) Evaluate, with the participation of children and civil society, existing measures aimed at combating discrimination against children in disadvantaged situations, in order to assess their impact and revise measures accordingly;
(d) Develop policies and awareness-raising measures aimed at addressing the root causes of de facto discrimination, with a view to eliminating discrimination against children in disadvantaged situations, including refugee, asylum-seeking and migrant children, children with disabilities, lesbian, gay, bisexual, transgender and intersex children and socioeconomically disadvantaged children.”
“The Committee welcomes the progress achieved in ensuring the access of children with disabilities to inclusive education in mainstream schools, but is concerned that:
(a) According to some of the latest data available, many children with disabilities, including children with autism, have to attend special schools or classes outside mainstream schools;
(b) In some circumstances, teaching provided in integrated classes and special schools can limit the access of children with disabilities to mainstream higher education and vocational training;
(c) Children with disabilities, including children with autism, are still sometimes placed in institutions, and sometimes together with adults;
(d) Children with disabilities continue to face discrimination and social exclusion.”
“Recalling its previous recommendations,17 the Committee recommends that the State party:
(a) Strengthen the right to inclusive education in mainstream schools for all children with disabilities, including children with autism and children with learning difficulties, and provide clear guidance to cantons that still apply a segregated approach;
(b) Strengthen the training of teachers and professionals in integrated classes providing individual support and due attention to children with disabilities, including children with severe autism and children with learning disabilities, and increase the amount of support available to such children;
(c) Continue its measures to develop and ensure the availability of mobile educational services in all cantons, inclusive early childhood education and care services, after-school childcare services and vocational training opportunities for children with disabilities, including children with autism and children with intellectual and psychosocial disabilities, through adequately trained teachers and adapted curricula; and ensure that such measures are adequately resourced;
(d) Legally prohibit the practice of “packing” children in the public and private sectors and promote specialization in autism among health professionals;
(e) Expand the provision of adequate support services for children with disabilities, with a view to preventing the placement of such children in specialized centres;
(f) Ensure that training, counselling and related support continues for parents of children with disabilities;
(g) Undertake awareness-raising campaigns in order to combat stigmatization of and discrimination against children with disabilities, and promote a positive image of such children as rights holders, with respect for their evolving capacities on an equal basis with other children.”
(26th February 2015, CRC/C/CHE/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 54, 55, 60, 61, 68 and 69) - 68th Session
“The Committee welcomes the entry into force of the Federal Act on the Elimination of Discrimination against Persons with Disabilities and the adoption of the intercantonal agreement on cooperation in the area of specialized schooling. However, the Committee is concerned about:
(a) The lack of comprehensive data on children with disabilities, including children with autism spectrum disorders;
(b) The inadequate inclusion of those children in mainstream education in all cantons, and the insufficient human and financial resources allocated to ensure the adequate functioning of the system of inclusive education in practice;
(c) The lack of sufficient early childhood education and care and of inclusive vocational training opportunities for children with disabilities;
(d) Discrimination and segregation of children with autism spectrum disorders, especially in the canton of Geneva, in many aspects of their social life, including insufficient early childhood detection of autism spectrum, lack of intensive early developmental programmes, lack of access to mainstream education due notably to the absence of qualified professionals to provide specialized support to these children in mainstream schools, and insufficient training of professionals to deal with children with autism spectrum disorder;
(e) Reports that children with autism spectrum disorders, especially in the canton of Geneva, are subjected to inadequate treatment, such as the “packing” technique (wrapping the child in cold, wet sheets), which amounts to ill-treatment;
(f) Lack of information on measures taken to prevent the placement of children with disabilities in psychiatric units and to ensure that these children are not arbitrarily deprived of their right to be visited by their parents.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Collect and analyse data on the situation of all children with disabilities, disaggregated by, inter alia, age, sex, type of disability, ethnic and national origin, geographic location and socioeconomic background;
(b) Strengthen its efforts to ensure State-wide inclusive education without discrimination, including through the allocation of the necessary resources, the adequate training of professionals and the provision of clear guidance to cantons that still apply a segregated approach;
(c) Promote inclusion rather than integration;
(d) Ensure that children with disabilities have access to early childhood education and care, early development programmes and inclusive vocational training opportunities in all cantons;
(e) Address the specific needs of children with autism spectrum disorders in all cantons, and in particular ensure that they are fully integrated into all areas of social life, including recreational and cultural activities, ensure that inclusive education adapted to their needs is given priority over special schooling and day care, set up mechanisms for early detection, provide adequate training to professionals and ensure that these children benefit effectively from early development programmes which are based on scientific knowledge;
(f) Legally prohibit the practice of “packing” children and take the necessary measures to ensure that children with autism spectrum disorders are treated with dignity and respect and benefit from effective protection;
(g) Take all necessary measures to prevent children with disabilities from being placed in psychiatric units and ensure that these children are not arbitrarily deprived of their right to be visited by their parents.”
“The Committee is concerned about the excessive diagnosis of attention deficit hyperactivity disorder (ADHD) or attention deficit disorder (ADD) and the ensuing increase in the prescription of psychostimulant drugs to children, in particular methylphenidate, despite growing evidence of the harmful effects of these drugs, and about reports of children being threatened with expulsion from school if their parents do not accept treatment of the children with psychostimulant drugs.”
“The Committee recommends that the State party:
(a) Carry out research on non-drug approaches to the diagnosis and treatment of ADHD and ADD;
(b) Ensure that the relevant health authorities determine the root causes of inattention in the classroom and improve the diagnosis of mental health problems among children;
(c) Strengthen its support to families, including access to psychological counselling and emotional support, and ensure that children, parents, and teachers and other professionals working with and for children are provided with adequate information on ADHD and ADD;
(d) Take the necessary measures to prevent any pressure on children and parents to accept treatment with psychostimulant drugs.”
“While welcoming the entry into force in 2014 of the revision of the Asylum Act which requires priority treatment of asylum applications from unaccompanied children, the Committee remains concerned that the asylum procedure for unaccompanied children is not always guided by their best interests and, in relation to the reservation made to article 10 of the Convention, that the right to family reunification for persons granted provisional admission is too restricted. Moreover, the Committee is concerned that:
(a) Considerable cantonal disparities exist in relation to reception conditions, integration support and welfare for asylum-seeking and refugee children, with children being placed in, for instance, military or nuclear bunkers;
(b) “Persons of trust” for unaccompanied asylum-seeking children are not required to be experienced in child care or child-rights matters;
(c) Asylum-seeking children face difficulties in accessing secondary education and there is no harmonized practice in granting authorizations for them to take up vocational training;
(d) The accelerated asylum procedure, which is also carried out at airports, may be applied to children;
(e) A considerable number of sans-papiers children (children without legal residence status) live in the State party and they face many difficulties in accessing, inter alia, health care, education, in particular secondary education, and vocational training, and there is a lack of strategies on how to address these issues.”
“The Committee recommends that the State party:
(a) Ensure that the asylum procedure fully respects the special needs and requirements of children and is always guided by their best interests;
(b) Review its system for family reunification, in particular for persons granted provisional admission;
(c) Apply minimum standards for reception conditions, integration support and welfare for asylum seekers and refugees, in particular children, throughout its territory, and ensure that all reception and care centres for asylum-seeking and refugee children are child-friendly and conform to applicable United Nations standards;
(d) Ensure that “persons of trust” are properly trained to work with unaccompanied asylum-seeking children;
(e) Ensure that asylum-seeking children have effective and non-discriminatory access to education and vocational training;
(f) Exempt unaccompanied asylum-seeking children from the accelerated asylum procedure and establish safeguards to ensure that the right of the child to have his or her best interests taken as a primary consideration is always respected;
(g) Develop policies and programmes to prevent the social exclusion of and discrimination against sans-papiers children and allow these children to fully enjoy their rights, including by ensuring access to education, health care and welfare services in practice.”
(26th February 2015, CRC/C/OPSC/CHE/CO/1, Concluding observations on the report submitted by Switzerland under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7, 8, 17 and 18) - 68th Session
“The Committee is concerned that a comprehensive system for data collection and disaggregated data covering all offences under the Optional Protocol is lacking in the State party, which limits the State party’s capacity to monitor and assess offences under the Protocol.”
“With reference to its concluding observations under the Convention (CRC/C/CHE/CO/2-4, paras. 16 and 17), the Committee recommends that the State party develop and implement a comprehensive and systematic mechanism of data collection, analysis, monitoring and impact assessment of all the areas covered by the Optional Protocol. The data should be disaggregated, inter alia, by sex, age, national and ethnic origin, geographical location and socioeconomic status, with particular attention to the most vulnerable groups of children. Data should also be collected on the number of prosecutions and convictions, disaggregated by the nature of the offence.”
“While noting the efforts of the State party to prevent offences prohibited under the Protocol, the Committee is concerned that measures are fragmented and do not cover all areas of the Protocol. In particular, the Committee is concerned that:
(a) The State party lacks programmes that specifically target children in vulnerable and marginalized situations;
(b) There are insufficient mechanisms in place to identify and monitor children at risk of becoming victims to the offences under the Optional Protocol;
(c) Preventive work is often carried out by non-governmental organizations with limited financial support of the State party.”
“The Committee recommends that the State party expand and strengthen its preventive measures to cover all areas of the Optional Protocol and in particular:
(a) Establish special prevention programmes targeting children in vulnerable and marginalized situations, including Roma children or other ethnic minority children, children placed in institutions, children living in street situations, children affected by migration, asylum seeking and refugee children and girls who are victims of domestic violence;
(b) Establish mechanisms and procedures for the identification of child victims of the offences under the Optional Protocol, in particular in vulnerable situations, as well as to provide them with psycho-social support and awareness-raising programmes;
(c) Support the relevant non-governmental organizations;
(d) Carry out studies with a view to assessing the scale of sexual exploitation of and trafficking in children, in particular child prostitution and pornography, especially over the Internet.”
Syrian Arab Republic
“The Committee welcomes the promulgation of Act No. 34 of 2004 on persons with special needs, the adoption of the 2008 National Plan to Combat Disability, and the numerous initiatives taken to improve the situation of children with disabilities. The Committee is however concerned that care and rehabilitation services for children with disabilities are mainly provided by civil society organizations and that the State party allocates insufficient resources for programmes and plans for children with disabilities.
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to ensure that children with disabilities enjoy all their rights under the Convention and , to this end, allocate the necessary human, technical and financial resources for a full and effective implementation of programmes and plans for children with disabilities. The Committee recommends that the State party place particular emphasis on improving the quality of inclusive education, and further develop non - formal education programmes as well as comprehensive and regular teacher trainings adapted to the different types of disabilities…
… (d) Ensure that Kurdish children can effectively enjoy their right to education, including inclusive education without discrimination based on disability, gender or any other ground;”
(10 July 2003, CRC/C/15/Add.212, Concluding observations on second report, paras. 25, 38, 39, 44, 45 and 48)
“The Committee is concerned that both direct and indirect discrimination against the child, or his or her parents or legal guardians persists, contrary to article 2 of the Convention, particularly with respect to: ...
b) disparities in access to health and educational services between rural and urban areas, and particularly that the rural north and north-east of the country lag behind in social indicators.
“The Committee ... is concerned that children with disabilities, in general, have inadequate access to specialized services and education, and that there is insufficient support for families.
“The Committee recommends that the State party: ...
b) review existing policies and practice in relation to children with disabilities, taking due account of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on “Children with disabilities” (see CRC/C/69); ...
e) undertake greater efforts to include children with all forms of disability in mainstream education....
“The Committee is concerned that:
a) a high percentage of pupils drop out of primary and secondary school, especially children in rural areas and girls....
“The Committee recommends that the State party:
a) strengthen initiatives to stem the problem of school drop-out at primary and secondary levels, especially in rural areas and by girls, by addressing issues such as inadequate sanitation in school buildings, early marriages, indirect costs of attending school and the lack of school transportation....
“The Committee notes with appreciation the efforts the State party is taking as regards refugee children, particularly in relation to unaccompanied minors, access to education and ensuring birth registration....”
T
Tajikistan
(29 September 2017, CRC/C/TJK/3-5, Concluding observations on the combined third to fifth periodic reports, paras. 14, 28, 29, 39 and 42) - 76th session
“While noting that discrimination is prohibited by law, the Committee reiterates its previous concern (CRC/C/TJK/CO/2, para. 26) and recommends that the State party continue to take prompt measures to end instances of discrimination in practice against girls, children with disabilities, children living with HIV/AIDS, Roma/Jughi children, children in care institutions, children living in rural and remote areas, asylum seeking and refugee children, including by prioritizing support to these groups through targeted programmes to ensure their equal access to all public services, and particularly to education and health services, as well as by addressing social and cultural attitudes and practices.”
“While welcoming the adoption of the Social Protection for Persons with Disabilities Act (2010), the Committee is seriously concerned about the insufficient protection of children with disabilities from discrimination, particularly the: (a) Uneven distribution of the State party’s funding for children with disabilities born before and after the adoption of the Social Protection for Persons with Disabilities Act (2010); (b) Shortage of reliable data, which hinders the delivery and evaluation of services for children with disabilities; (c) Continued limited physical accessibility of public institutions, transportation and housing; (d) Limited availability of State-funded early detection and diagnosis of disability and rehabilitation services; (e) Absence of a comprehensive approach to the needs of children with disabilities and their families, and particularly to the needs of adolescent girls with disabilities; (f) Insufficient social welfare allowance and services provided to children with disabilities with high needs and their families that do not sufficiently encourage, and provide support for families to keep their children at home, resulting in a disproportionate number of children with disabilities continuing to live in institutions; (g) Extremely limited access to education for children with disabilities.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee reiterates its previous recommendation (CRC/C/TJK/CO/2, para. 51) and urges the State party to adopt a human rightsbased approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Systematically collect disaggregated data on children with disabilities, which is necessary for putting in place appropriate policies and programmes for those children;
(b) Ensure the implementation of the 2014 Planning Rules and Regulations on the Accessibility of Buildings and Facilities for Groups with Limited Mobility, taking into account principles of universal design to facilitate the access of children with disabilities to public buildings and transportation services;
(c) Take immediate measures to ensure that children with disabilities have access to health care, including early detection and intervention and rehabilitation programmes, among others by finalizing and adopting the draft policy framework on early intervention;
(d) Increase the access of children with disabilities to adequate social assistance and benefits, including through promoting awareness of the availability of these benefits;
(e) Finalize and adopt the draft Education Code, which currently contains a chapter on inclusive education;
(f) Ensure the implementation of the National Education Development Strategy (2020) which refers to the gradual transition of children with disabilities to the general education system, as well as the renewal and implementation of the National Framework on Inclusive Education for Children with Physical Disabilities (2011-2015), and expand it to include children with psychosocial and/ or intellectual disabilities;
(g) Train and assign specialized teachers and professionals in integrated classes providing individual support and all due attention to children with learning difficulties;
(h) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“With reference to its general comment No. 1 (2001) on the aims of education and taking note of targets 4.1 and 4.2 of the Sustainable Development Goals on ensuring that by 2030 all girls and boys complete free, equitable and quality primary and secondary education and have access to quality early childhood development, care and pre-primary education, the Committee reiterates its previous concern (CRC/C/TJK/CO/2, para. 62) and recommends that the State party:
(a) Continue to take steps to increase the quality of education, recruitment and continuous training of teachers, and construction of educational facilities, throughout the State party, with particular attention to rural and remote areas, through the transparent and efficient financing of the education sector;
(b) Address the social factors, including parental support and cultural expectations on the role of girls and women, to ensure girls’ equal access to all levels of education, including tertiary education, and give special consideration to education aimed at the empowerment of girls;
(c) Strengthen the system of quality preschool education and increase availability and affordability of preschool education, including for children from marginalized families;
(d) Improve the availability and use of quality disaggregated data by gender, ethnicity, geographical coverage and other indicators on the educational system so as to inform planning, decision-making and monitoring.”
“The Committee recommends that the State party assess the particular situation of Roma/ Jughi children and take measures to facilitate their access to official personal documentation, social protection services and social integration programmes in order to ensure that their families can access public service”
(29 January 2010, CRC/C/TJK/CO/2 Advance Unedited Version, Concluding observations on second report, paras. 7, 26, 50, 51, 62, 63 and 64)
“The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that have not – or not sufficiently – been implemented, in particular, those related, inter alia, to ... inclusive education....
“... The Committee is particularly concerned about the high drop out rates of girls in rural areas from schools due to negative traditional and religious attitudes on the roles of girls and women in the society....
“The Committee ... welcomes the establishment of the experts group that has analyzed the situation of children with disabilities, but it regrets that the state institutions for children with disabilities do not provide quality education, rehabilitation services and development of necessary skills. It also notes ... limited inclusion policies for children with disabilities.
“The Committee recommends that the State party: ...
b) increase its effort to carry out awareness raising campaigns to sensitize the public about the rights and special needs of children with disabilities and promote their inclusion in the system of education and in society; ...
d) improve the physical access of children with disabilities to public service buildings, including recreational infrastructures and schools;
e) improve conditions in residential institutions for children with disabilities and establish mechanisms of independent monitoring of standards of care and children’s rights in these institutions, as well as establish a system of training special education professionals;
f) consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
g) take into account article 23 and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) as well as the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96).
“The Committee ... notes the establishment of the Center for Gender Pedagogy, to support and promote gender equality in all levels of education starting from pre-school institutions. However, the Committee is concerned that the education of children is hampered by:
a) poor attendance, including the increasing number of drop outs, particularly among girls in rural areas, difficult access to education for children from low income families and girls; ...
f) insufficient training for teachers in minority languages and lack of school textbooks and materials in minority languages.
“The Committee recommends that the State party:
a) take all necessary measures to implement effectively the Education for All strategic programme; ...
c) review critically its school curricula with a view of abolishing all discriminatory practices in education, including girls’ limited access to education and training, by developing strategies to combat high level drop-outs of girls in rural areas, and take measures to break down stereotypical attitudes about the roles and responsibilities of women and men; ...
g) strengthen efforts to train teachers in minority languages and increase the number of textbooks in minority languages....
“The Committee welcomes the efforts in the area of birth registration of refugee children and notes that under the Constitution child refugees enjoy the right to education, health, and benefits....”
Thailand
(17 February 2012, CRC/C/THA/CO/3-4, Concluding observations: Thailand, paras. 56 and 57)
“The Committee welcomes the State party’s efforts to improve the quality of life of persons with disabilities by adopting the National Plan on Quality of Life Development for Persons with Disabilities of 2007–2011 and the Persons with Disabilities Education Act of 2008. It also welcomes the growing number of schools with inclusive education for children with disabilities. Notwithstanding, the Committee is seriously concerned about the large number of children with disabilities who are not in school and that youth policies do not identify them as special target groups. The Committee is also concerned at the limited proportion of children with disabilities who receive education beyond the pre-primary level.
“The Committee recommends that the State party review the situation of children with disabilities in terms of their access to education services and give effective priority to the development of inclusive education over the placement of children in specialized institutions. It also recommends that the State party properly target children with disabilities in youth policies, taking into account the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
(17 March 2006, CRC/C/THA/CO/2, Concluding observations on second report, paras. 49, 50, 62, 63, 65, 68, 69, 78 and 79)
“The Committee notes with appreciation that the State party has undertaken many concrete measures to promote the full enjoyment of all human rights and fundamental freedoms by children with disabilities, including access to mainstream and specialized education and to vocational training. Despite these positive steps, the Committee is concerned that children with disabilities living in the remote areas of the country lack access to adequate health and social services, as well as to education....
“The Committee recommends that the State party, taking into account the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), take all necessary measures to: ...
d) provide children with disabilities with physical access to schools and access to appropriate information and communication tools....
“The Committee welcomes various legislative, administrative, policy and budgetary measures to increase compulsory schooling from 6 to 9 years and to provide free education for up to 12 years, as well as to expand access to education, improve educational facilities and provide education in local or minority languages. In particular, the Committee welcomes the Cabinet’s resolution of 5 July 2005, which provides non-registered children, including children of non-registered migrants as well as stateless children with access to the regular education system. Notwithstanding these positive steps, the Committee remains concerned that some children, particularly those belonging to the most vulnerable groups and those living in remote areas, still do not have equal access to quality education....
“The Committee urges the State party to fully implement the Cabinet resolution, which provides non-registered children with access to the regular education system and to allocate adequate resources for its implementation at the local level. In light of article 28 of the Convention, the Committee recommends that the State party allocate adequate financial, human and technical resources in order to: ...
c) continue efforts to provide indigenous and minority children with equal access to quality education, which respects their distinct cultural patterns and uses local indigenous and minority languages;
d) ensure the supervision by the Ministry of Education of all schools within the jurisdiction of the State party to ensure that children receive the same educational curricula while respecting the rights of minorities to study their own language and religion, and to ensure that every child receiving education is protected from extremist political or religious ideology;
e) take all necessary measures to ensure equal access to quality education to children in the southernmost provinces of the State party belonging to the most vulnerable groups....
“The Committee recommends that the State party, taking into account its general comment No. 1 of 2001 (CRC/GC/2001/1) on the aims of education, take all measures to:
a) strengthen further its efforts to improve the quality of education, including through teacher training and expanding recruitment of qualified teachers, in particular women and persons from minority and indigenous groups....
“... the Committee notes with particular concern that children of migrant workers lack access to a range of health and education services....
“The Committee recommends ... that the children of migrant workers are ensured access to health and social services and to education in accordance with the principle of non-discrimination....
“The Committee expresses its concern about the situation of children belonging to indigenous, tribal and minority communities who are subject to both stigmatization and discrimination. In particular, it is concerned about widespread poverty among indigenous peoples and minorities and the limited enjoyment of their human rights, in particular, concerning their access to social and health services and education....
“The Committee recalls the State party’s obligations under articles 2 and 30 of the Convention and recommends that it ensure the full enjoyment, by indigenous and minority children, of all of their human rights equally and without discrimination. In this regard, the Committee ... urges the State party to continue to develop and implement policies and programmes in order to ensure equal access to culturally appropriate services, including social and health services and education....”
Timor-Leste
(30th October 2015, CRC/C/TLS/CO/2-3, Concluding observations on the combined second and third periodic reports, paras 24, 25, 44, 45, 54 and 55) - 70th Session
“The Committee commends the inclusion of specific provisions for the protection of children from discrimination in the State party’s Constitution and other laws, including with respect to children with disabilities and children born out of wedlock. The Committee is concerned, however, that certain groups of children, especially children of returnees, children who are not in possession of a baptism certificate, children born out of wedlock, children conceived from sexual relations among family members, and children with disabilities, face de facto discrimination, most importantly with regard to access to education and other services.”
“The Committee recommends that the State party ensure that all children in the State party enjoy equal rights under the Convention without discrimination, both de jure and de facto, and that it intensify efforts to ensure the effective elimination of any form of discrimination against the above-mentioned groups of children and other groups of children in marginalized situations through, among other things, awareness-raising campaigns and education, especially at the community level and in schools.”
“The Committee welcomes the inclusion of disabilities in the Strategic Development Plan with respect to the promotion of health. It also welcomes the establishment of three training centres as pilot projects in Dili, Lautem and Aileu, which provide teachers with training to support children with disabilities in mainstream education. The Committee is, however, concerned that:
(a) The legislative and policy reforms, and the coordination at the national level, necessary to secure the rights and active participation of children with disabilities in all spheres of society have not been implemented;
(b) Children with disabilities are subjected to widespread discrimination, neglect and abuse, lack access to education and health care, and are not integrated effectively in all areas of social life;
(c) There is a lack of public awareness of the rights of children with disabilities;
(d) Sufficient and adequate facilities for children with disabilities in schools, sports and leisure facilities and residential facilities are lacking, in particular in rural areas;
(e) There is a lack of statistical data concerning children with disabilities in the State party;
(f) The State party has not yet ratified the Convention on the Rights of Persons with Disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Continue to strengthen the legislative and policy framework, as well as efforts to coordinate laws and policies, for the promotion and protection of the rights of children with disabilities at the national level, including by reviewing and approving the National Action Plan for People with Disabilities and the National Policy on Inclusive Education and Action Plan, ensuring that they are implemented in an inclusive manner that enables children with disabilities to benefit;
(b) Strengthen support for caregivers of children with disabilities, including by providing counselling and training, increasing the Bolsa da Mãe stipend and considering implementing a stipend for caregivers to help support children with disabilities;
(c) Ensure that continuing training is provided for professionals working with children with disabilities, such as teachers, social workers and health, medical, therapeutic and care personnel, that guidelines and training materials are developed, and that mechanisms are in place to monitor the performance of care providers;
(d) Ensure that schools and health-care facilities are accessible and adequately staffed and funded, and that children with disabilities are treated with dignity and respect and benefit from effective protection;
(e) Undertake sustained public awareness campaigns to familiarize the public and other stakeholders with the rights of children with disabilities;
(f) Take all measures necessary to ensure that children with disabilities are integrated fully into all areas of social life, including schools, sports and leisure activities, and that facilities and other public areas are accessible for children with disabilities;
(g) Strengthen the collection of data, disaggregated by disability, to provide a comprehensive assessment of the situation of children with disabilities to inform key sectors about appropriate policies and programmes to advance the situation of children with disabilities;
(h) Consider ratifying the Convention on the Rights of Persons with Disabilities.”
“The Committee welcomes the significant progress at all levels of education, the significant investment in the construction and rehabilitation of school buildings and the significant increases in budgetary allocations for education, including vocational education. The Committee, however, is concerned about:
(a) The low number of children enrolled in preschool, low enrolment rates in secondary schools, in particular in rural areas, the number of children out of school, repetition, especially at the pre-secondary level, and dropout rates, in particular among boys;
(b) The inadequate number of public schools, inadequate facilities, indirect costs of education, the insufficient number of professionally trained teaching staff, inadequate teacher training and materials and low literacy levels in Tetum and Portuguese;
(c) Insufficient access to education by children with disabilities, adolescent mothers, working children, orphaned children, children living in poverty and linguistic minorities;
(d) Sexual harassment and violence in schools, early pregnancy among adolescent girls and stigmatization and exclusion faced by such girls upon returning to school.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Implement the National Policy Framework for Preschool Education and the related strategic action plan, and implement the pilot project establishing 12 preschools in remote communities in the Aileu and Ermera districts as part of the child-friendly schools initiative, and allocate sufficient financial resources for the development and expansion of early childhood education;
(b) Increase access to, retention in and completion of basic education through inclusive and better quality education, in particular for children with disabilities, children living in extreme poverty, pregnant teenagers, children living in remote areas and children who are members of minority linguistic groups;
(c) Continue to improve the accessibility and quality of education for all children, and provide high-quality training for teachers, with particular emphasis on rural areas;
(d) Continue to develop bilingual textbooks and teacher guides in all core subjects;
(e) Ensure access, especially for children in vulnerable situations, to education regardless of the ability to pay for indirect expenses, including by stepping up school grants and feeding programmes, and continue to expand capacity to address the shortage of school facilities;
(f) Mainstream gender equality policies in the education sector, ensuring that gender issues and sensitivity training are made an integral, substantive and mandatory component of all teacher training at all levels, and address the situation of violence and sexual harassment in schools.”
(1 February 2008, CRC/C/TLS/CO/1 Unedited version, Concluding observations on initial report, paras. 26, 27, 56, 57, 65, 66 and 67)
“... The Committee notes with concern, however, that certain groups of children, including children of returnees, children who are not in possession of a baptism certificate, children deriving from sexual relationships among family members and children with disabilities, face de facto discrimination, most importantly with regard to access to education.
“In accordance with article 2, the Committee recommends that the State party make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination. The Committee recommends that the State party use legislative, policy and educational measures, including sensitization and awareness-raising, to overcome the stigmatization of the above-described groups of children and to remove obstacles faced by some children belonging to such groups with regard to access to education or the enjoyment of any other rights or entitlements.
“... The Committee regrets that children with disabilities are frequently excluded from mainstream education and community life, and placed in residential institutions.
“The Committee recommends that the State party, taking into account the Committee’s General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9) as well as the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96), take all necessary measures to: ...
c) ensure that public education policy and school curricula reflect in all their aspects the principle of full participation and equality and include children with disabilities in the mainstream school system to the extent possible and, where necessary, establish special education programmes tailored to their special needs; ...
f) ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol....
“In the light of article 28 of the Convention, Committee recommends that the State party allocate adequate financial, human and technical resources in order to: ...
f) take measures to address gender biases and stereotypes in order to improve girls’ participation in education after the primary level....
“... The Committee welcomes the State party’s consideration of the need to give more attention to indigenous culture within the educational curriculum.
“In the light of article 29 of the Convention, and taking into account the Committee’s General Comment No. 1 on the aims of education, the Committee recommends that the State party: ...
c) ensure that the educational curriculum is developed with due regard to the nature of indigenous culture and languages; and develop and promote cultural awareness and practice through school- and community based education, with a focus on the indigenous heritage and traditional art forms....”
Togo
(2 July 2019, CRC/C/SR.2373 and 2374, Concluding observations on the initial report, paras 13, 14, 21, 22, 39, 40, 45, 46) - 81st Session
The Committee takes notes of the 2016 census and the establishment of the National Statistics Committee and notes that the State party’s poverty report is disaggregated by age and also includes multidimensional child poverty measures. However, the Committee is concerned that comprehensive data collection on all areas of the Convention is insufficient.
Recalling its general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee recommends that the State party:
(a) Strengthen its efforts to develop a comprehensive system of disaggregated data collection covering all areas of the Convention, with a specific focus on children in vulnerable situations, including children living in rural areas and on the outer islands and children with disabilities;
(b) Ensure linkages between data collection systems of the line ministries and the central system.
The Committee is concerned about:
(a)Section 118 of the Criminal Offences Act, which recognizes only women and girls as potential victims of rape and related offences, and that the protection afforded under the section does not extend to boys;
(b)Discriminatory provisions excluding girls from landownership and inheritance rights;
(c)Discrimination against children born to unmarried parents, who are referred to by the stigmatizing adjective “illegitimate” and who cannot inherit land or title;
(d)Discrimination against children with disabilities.
The Committee recommends that the State party:
(a) Amend the Criminal Offences Act to ensure that all victims of rape, boys and girls, are accorded the same protection;
(b) Take legislative measures to bring the landownership law into full compliance with the Convention, particularly concerning inheritance and ownership of land in relation to girls and children born to unmarried parents;
(c) Take legislative and active measures to end all forms of discrimination against children, including replacing the word “ illegitimate ” in the law and other texts with the phrase “ children of unmarried parents ”
(d) Take effective measures to ensure that children with disabilities are not discriminated against with regard to access to education and basic services.
The Committee notes the care children receive from the extended family. However it is concerned that:
(a)There are no alternative care options, such as foster care, available in cases where the extended family does not take care of children;
(b)There is no legal framework, policy or set of minimum standards in place regulating the alternative care of children and no support is provided for children placed with the extended family.
Drawing the State party ’ s attention to the Guidelines for the Alternative Care of Children, the Committee recommends that the State party:
(a) Set up a formal alternative care system, develop an alternative care policy and minimum standards for regulating alternative care for children and take children ’ s views into consideration when making any decisions about alternative care;
(b) Provide all necessary resources, social welfare services and support for children in kinship or extended family care;
(c) Establish a legal framework, a policy and a set of minimum standards for supporting and monitoring family-based care for children.
The Committee notes the monthly cash transfers to children with disabilities, the draft national policy on disability-inclusive development and the establishment of the Social Protection Disability Unit. However, the Committee is seriously concerned at:
(a)The absence of a comprehensive disability law in the State party;
(b)The limited access of children with disabilities to inclusive education, health care, transportation and all public buildings and spaces, and at the situation regarding service delivery in all areas;
(c)The limited access of children with disabilities to rehabilitation, early identification and referral programmes, as well as the limited nature of the funding and technical support provided to parents of children with disabilities and service providers.
Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Adopt a human rights-based approach to disability;
(b) Adopt a comprehensive law on disability and the draft national policy on disability-inclusive development;
(c) Ensure that children with disabilities have effective access to public services and spaces and improve physical access to all public and private buildings, spaces, service delivery and transportation in all areas, especially in rural communities and on the outer islands;
(d) Ensure that all children with all types of disability enjoy inclusive education, including through international cooperation, and that teaching staff are adequately trained;
(e) Strengthen health-care services for children with disabilities;
(f) Expand community-based rehabilitation, early identification and referral programmes to cover all children with disabilities, provide technical support to service providers and to families of children with disabilities and increase the financial support to families of children with disabilities;
(g) Consider ratifying the Convention on the Rights of Persons with Disabilities.
(8 March 2012, CRC/C/TGO/CO/3-4, Concluding observations: Togo, paras. 51 and 52)
“While welcoming the ratification of the Convention on the Rights of Persons with Disabilities in March 2011, the Committee is deeply concerned about the prevailing societal attitudes conducive to the stigmatization of children with disabilities, and which even lead to infanticide. The Committee is also concerned that a high number of children with disabilities are deprived of access to education and health services and that the State party has still not adopted a policy for integrating children with disabilities into mainstream schools, as previously recommended by the Committee. The Committee further notes that despite some pilot initiatives, teachers are not provided with adequate training to properly integrate children with disabilities.
“The Committee reiterates its recommendation…
(a) Take effective steps to combat isolation and social stigmatization of children with disabilities;
(b) Bring perpetrators of killings and any form of violence against children with disabilities to justice;
(c) Ensure the collection and use of adequately disaggregated and comprehensive data in the development of policies and programmes for children with disabilities;
(d) Review the situation of children with disabilities in terms of their access to suitable health care and education services and give effective priority to the development of inclusive education over the placement of children in specialized institutions;
(e) Take guidance from the Committee’s general comment No. 9 (2006) on the rights of children with disabilities; and
(f) Seek assistance in this regard from, among others, UNICEF and the World Health Organization (WHO).”
(31 March 2005, CRC/C/15/Add.255, Concluding observations on second report, paras. 25, 26, 27, 48, 49, 58 and 61)
“While noting the efforts made by the State party to address the issue, the Committee notes with concern that societal discrimination persists against vulnerable groups of children, in particular girls and children with disabilities. In particular, the Committee reiterates the concern of the Human Rights Committee (CCPR/CO/75/TGO of 28 November 2002) and of the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.61 of 21 May 2001) about “continuing discrimination against … girls with respect to access to education, employment and inheritance”.
“With reference to the recommendations made in this regard by the Human Rights Committee and the Committee on Economic, Social and Cultural Rights, the Committee urges the State party to undertake an in-depth review of all its legislation, including the Individuals and Family Code and the Nationality Code of 1998, in order to fully guarantee the application of the principle of non-discrimination in domestic laws and compliance with article 2 of the Convention, and to adopt a proactive and comprehensive strategy to eliminate discrimination on any grounds and against all vulnerable groups, especially girls and children with disabilities, and children living in remote areas.
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking account of the Committee’s general comment No. 1 (2001) on the aims of education.
“... the Committee is concerned that:
a) only very few children with disabilities have access to education and employment services;
b) education programmes do not prioritize services for disabled children;
c) there is no policy for the integration of children with disabilities.
“The Committee recommends that the State party: ...
b) ensure the collection and use of adequately disaggregated and comprehensive data in the development of policies and programmes for children with disabilities;
c) review the situation of these children in terms of their access to suitable health care, education services and employment opportunities;
d) adopt an integration policy, allocate adequate resources to strengthen services for children with disabilities, support their families and train professionals in the field;
e) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96 of 20 December 1993, annex) and of the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339)....
“The Committee is concerned that public spending on education is low, that primary education is not free and that the enrolment rate, especially of girls, is low. The Committee is also concerned that, despite the waiving or reducing of fees for girls and economically disadvantaged children, education is not free, that secondary education is not affordable to many children, and consequently that universal compulsory free education has not been achieved.
“The Committee recommends that the State party:
a) ensure, as a matter of priority, that at least primary education is compulsory and free;
b) ensure that girls and boys, from urban and rural areas, all have equal access to educational opportunities, without any financial obstacles....”
Trinidad and Tobago
(17 March 2006, CRC/C/TTO/CO/2, Concluding observations on second report, paras. 49, 50, 59 and 60)
“... the Committee notes ... that there are no special education and assistance programmes currently available.
“The Committee recommends that the State party:
a) conduct a study on the causes of disabilities affecting children in the State party, with a view to improving their access to suitable health care, education services and employment opportunities; ...
c) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage the inclusion of children with disabilities into the regular educational system and their integration into society, inter alia, by giving more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“While welcoming the introduction of free education at primary and secondary levels, the Committee is concerned about: ...
e) the significant number of pregnant teenagers who do not continue their education....
“The Committee recommends that the State party carefully examine the budget allocations and measures taken within the field, with regard to their impact on the progressive implementation of the child’s right to education and leisure activities. In particular, the Committee recommends that the State party:
a) take further measures to facilitate the accessibility to education of children from all groups in society by, inter alia, improve materials provisions in schools, and eliminate additional costs of schooling; ...
c) address the educational needs of pregnant students and teenage mothers in schools and ensure that they have access to education....”
Tunisia
(2nd September 2021, CRC/C/TUN/CO/4-6, Concluding observations on the combined fourth to sixth periodic reports, paras. 14, 15, 30 and 38)
“The Committee notes with appreciation the legal prohibition of racial discrimination and that the Constitution ensures the protection of children from discrimination. It is however deeply concerned about the following:
(a) The lack of comprehensive legislation that prohibits all forms of discrimination in line with article 2 of the Convention;
(b) Limited progress in amending the Personal Status Code, which continues to allow discrimination against women and girls in matters relating to inheritance and custody and does not provide for the rights of adopted children and children born to unmarried parents to succession or inheritance;
(c) The persistent stigmatization of lesbian, gay, bisexual, transgender and intersex children;
(d) Persistent disparities in access and availability of services between children in different regions and between urban and rural communities;
(e) Persistent de facto discrimination against children in disadvantaged situations, including girls, children born to unmarried parents, children with disabilities, children living in rural or underprivileged areas, children living in poverty, children belonging to racial or religious minority groups, Amazigh children, migrant children, children infected with HIV and children affected by HIV/AIDS.”
“Taking note of target 10.3 of the Sustainable Development Goals, the Committeerecalls its previous recommendations8 and urges the State party to:
(a) Explicitly prohibit, by law, discrimination against children on all grounds covered under the Convention, including sex, religion, ethnic or social origin and disability, birth or other status;
(b) Expedite the revision of the Personal Status Code, including its discriminatory provisions concerning the custody rights of mothers and the inheritance rights of girls, adopted children and children born to unmarried parents;
(c) Conduct awareness-raising activities aimed at ending the stigmatization of lesbian, gay, bisexual, transgender and intersex children;
(d) Address disparities in the access and availability of services for children in disadvantaged situations and regularly evaluate the enjoyment by those children of their rights;
(e) Take policy and educational measures, including sensitization and awareness-raising measures, to prevent and eliminate discrimination against children on all grounds and in all areas of life.”
“The Committee notes the measures taken to improve access for children withdisabilities to education and recommends that the State party:
(a) Adopt a human rights-based approach to disability and harmonize national legislation with the human rights model of disability;
(b) Organize the collection of data on children with disabilities and develop an efficient and harmonized system for disability assessment in order to facilitate access for children with all types of disabilities to accessible education and services, including health, social protection and support services;
(c) Adopt a national policy aimed at strengthening specialized and affordable health-care services for children with disabilities;
(d) Expand social assistance schemes for parents and caregivers of children with disabilities, including for children with disabilities living in poverty, and increase funds for, and coverage of, financial subsidies allocated to them;
(e) Strengthen implementation of the national school integration programme to ensure that all children with disabilities have access to inclusive education in mainstream schools, ensuring that schools are equipped with trained teachers, accessible infrastructure and teaching materials adapted to the needs of children with disabilities;
(f) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of, and prejudice against, children with disabilities and promote a positive image of children with disabilities as rights holders.”
“The Committee notes with appreciation the adoption of the national multisectoral strategy for early childhood development, 2017–2025. Taking note of target 4.2 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Allocate sufficient financial resources for the effective implementation of the national strategy for early childhood development, paying particular attention to ensuring access to preschool education for children living in poverty, children in rural areas and children with disabilities;
(b) Designate a government authority, such as the Ministry of Education, to lead the implementation and monitoring of early childhood education;
(c) Expeditiously adopt the national standards on early childhood care and the qualifications of educators and ensure that educators receive systematic and appropriate in-service training”
(11 June 2010, CRC/C/TUN/CO/3 Concluding observations: Tunisia Paras. 4, 29, 49, 50, 55 and 56.
“The Committee notes with appreciation the adoption of:
(c) Act No. 2005-83 of August 2005 aimed at achieving equal opportunities for persons with disabilities, particularly with regard to access to education, vocational training and employment, and at protecting them from all forms of discrimination …”
“The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance as well as on the measures taken to follow up on the outcome document adopted at the 2009 Durban Review Conference, taking into account the Committee’s general comment No. 1 (2001) on the aims of education.”
“The Committee commends the State party for the adoption of the orientation law of 15 August 2005 and the subsequent review of its legal framework. The Committee notes with satisfaction that since the adoption of policies by the State party to place children with disabilities in regular schools, the number of pupils with disabilities attending regular schools increased more than fourfold. It is concerned, however, that the implementation of this policy remains too slow compared to established goals and that the integration of children with disabilities in regular schools is not accompanied with sufficient sensitivity campaigns and appropriate teacher trainings.”
“The Committee recommends that the State party:
(a) Take all necessary measures to ensure the implementation of legislation providing protection and equal access to education, professional training, employment, and social and public life for children with disabilities, in a gender-sensitive manner;
(b) Make every effort to provide appropriate inclusive programmes and services for all children with disabilities and ensure that such services receive adequate human and financial resources;
(c) Undertake awareness programmes to sensitize the public about the rights and needs of children with disabilities and encourage their inclusion in society;
(d) Provide training for professional staff working with children with disabilities, such as teachers, social workers, and medical, paramedical and related personnel;
(e) Ensure the participation of children with disabilities and their families in policy and programme planning, monitoring and evaluation;
(f) Take into consideration the Committee’s general comment No. 9 (2006) on the rights of children with disabilities.”
“The Committee commends the significant efforts deployed by the State party to increase enrolment rates in primary and secondary education, and to reduce drop-out rates as well as regional and urban/rural disparities. It notes with satisfaction the four-year priority programme of education (2001-2005) adopted in the framework of the national strategy to reduce disparities between different regions and between urban and rural areas. It also welcomes the progress made to expand preschool education and adult literacy programmes, and to improve access to information technologies. Nevertheless, the Committee is concerned at:
(a) The dropout and repetition rates in both the first and second cycles of basic education which, while decreasing, continue to pose a significant challenge to the educational system;
(b) The persistent regional and urban/rural disparities in education and in the quality of education facilities;
(c) The fact that the enrolment in early childhood education remains low and that many poor families and those living in rural areas are excluded from these services due to the progressive withdrawal of the public sector to the benefit of the private sector as service providers of preschool education.”
“The Committee recommends that the State party:
(a) Pursue and strengthen its efforts to eliminate regional and urban/rural disparities in education;
(b) Pursue and strengthen its policy aimed at preventing school dropout and repetition and undertake a study on the reasons behind failure to complete schooling and linkages between the drop-out rate and the relevance of educational material and methods of teaching;
(c) Reinforce the coordination of educational and social services and put in place an early warning mechanism enabling the timely re-entry of drop-out children in school or in alternative educational facilities which cater for their special educational and learning needs;
(d) Expand vocational education in secondary schools and vocational training and apprenticeship programmes in the phase of transition from school to employment;
(e) Encourage the participation of children at all levels of the educational system and ensure they can freely discuss, participate and express views and opinions on all matters affecting them;
(f) Provide access to early childhood education supplied with qualified teachers for every child, and raise the awareness and motivation of parents with respect to pre-schools and early-learning opportunities;
(g) Include human rights and child rights in the curricula of schools at all levels;
(h) Take into account general comment No. 1 (2001) on the aims of education and general comment No. 7 (2005) on implementing child rights in early childhood.”
Turkey
(20 July 2012, CRC/C/TUR/CO/2-3, Concluding observations: Turkey, paras. 50 and 52)
“The Committee welcomes the legal amendments concerning people with disabilities (2005) which provides for education, rehabilitation, care and social security services for children with disabilities. Despite the State party’s efforts to provide children with access to education, the Committee is concerned that a large number of school-age children with disabilities do not enjoy their rights to education,and a high percentage of children with disabilities remain in special education programmes. Furthermore, the Committee regrets that the State party did not provide sufficient information as to whether support for children with disabilities reaches children everywhere, whether such support is adequate and whether the goal of integrating children with disabilities into the community is sufficiently attained.
“The Committee recommends that the State party intensify its efforts to ensure that children with disabilities fully enjoy their rights , and provide in its next periodic report information on the extent, quality and outcome of services and program me s for children with disabilities . In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee also recommends that the State party further encourage inclusion and integration of children with disabilities in society and the regular educational system , respectively , including by providing special training to teachers and by making schools more accessible.”
Turkmenistan
(10th March 2015, CRC/C/TKM/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 18, 19, 42, 43, 54 and 55) - 68th Session
“The Committee welcomes the amendments to the Guarantees of the Rights of the Child Act (3 May 2014), which in articles 4 to 6 provides for the principle of non-discrimination in the exercise of children’s rights and freedoms. The Committee further welcomes the information provided by the State party that the requirement to submit a document certifying Turkmen origin to access university education has been removed. However, the Committee remains concerned at:(a) The discriminatory practices towards children belonging to national minorities, particularly Kazakh and Uzbek children, who have limited access to language classes in their mother tongue;
(b) Girls continuing to be discriminated against, owing to cultural biases, patriarchal attitudes and deep-rooted stereotypes, as was already noticed by the Committee on the Elimination of Discrimination against Women (CEDAW/C/TKM/CO/3-4, paras. 20 and 21), in spite of gender discrimination being forbidden in law;
(c) The State party’s limited efforts to tackle discrimination against girls and to modify or eliminate stereotypes and negative traditional values and practices.”
“The Committee recommends that the State party:
(a) Adopt legislative and administrative measures to prevent and eliminate disparities in the enjoyment by children of their rights, as well as discriminatory attitudes against certain groups of children, in particular girls and children belonging to national minorities;
(b) Guarantee the right to education in their mother tongue for children belonging to national minorities and abolish restrictions in that regard;
(c) Undertake comprehensive public education and awareness-raising campaigns, in particular in rural areas, to prevent and combat negative societal attitudes, including discrimination, based on, inter alia, sex, gender, nationality, ethnicity or religion.”
“The Committee notes as positive the efforts of the State party to provide children with disabilities with inclusive education, inter alia, through the creation of a network of “child-friendly schools”. However, the Committee is concerned that:
(a) Information is lacking with regard to the community-based rehabilitation programmes and home-based care for children with disabilities;
(b) Children with disabilities reaching the age of 16 are treated as adults for the purpose of disability allowances or other forms of support;
(c) Professionals such as psychologists and social workers are not adequately trained to support the needs of children with disabilities.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and to:
(a) Develop community-based rehabilitation programmes and home-based care, with a view to reducing the institutionalization of children with disabilities;
(b) Accelerate its efforts towards the inclusive education of children with disabilities;
(c) Extend the network of “child-friendly schools” and ensure that the staff are sufficiently and appropriately trained;
(d) Make the child disability allowances payable up to the age of 18;
(e) Ensure that adequate human, technical and financial resources are allocated to alternative care centres and relevant child-protection services, in order to facilitate the rehabilitation and social reintegration of children residing there to the greatest extent possible.”
“The Committee notes with appreciation that since 2007 the State party has implemented reforms to improve the standards of education, which included the increase of salaries in the education sector by 40 per cent and the revision of the Education Act to reduce class size to a maximum of 25 and increase the duration of compulsory education to 12 years. The Committee welcomes the fact that the involvement of children in cotton harvesting has been forbidden since 2005, but remains concerned about reports of the persistence of this practice, which conflicts with children’s right to education. The Committee is also concerned at:
(a) The lack of disaggregated data to permit in-depth analysis to measure progress in the implementation of the provisions of the Convention relating to education;
(b) The insufficient opportunities for children belonging to national minorities, in particular Kazakh and Uzbek children, to study their languages;
(c) The continued practice of mass mobilization of school children and students for various festive events, such as events to welcome the President on his visits and time-consuming rehearsals for that purpose.”
“Taking into account its general comment No. 1 on the aims of education, the Committee recommends that the State party take the necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, and, in particular:
(a) Ensure that the prohibition of child labour in cotton harvesting is monitored and implemented effectively;
(b) Improve the quality of education, including by further enhancing the status of teachers and reviewing school curricula and incorporating therein human rights in general, and the rights of the child in particular;
(c) Ensure the availability of language classes for children belonging to national minorities;
(d) End the practice of mass mobilization of school children and students for festive events;
(e) Seek further assistance from, for example, UNICEF and the United Nations Educational, Scientific and Cultural Organization.”
(2 June 2006, CRC/C/TKM/CO/1, Concluding observations on initial report, paras. 22, 49, 50, 59 and 60)
“The Committee is concerned that, inter alia as a result of the “Turkmenization” policy of the State party, discriminatory attitudes and practices exist towards certain national and ethnic minorities such as Russians, Uzbeks, Kazakhs, Turks, Kurds, Beludzhi and Germans. In particular, members of ethnic minority groups are denied a number of fundamental socio-economic rights, such as access to education....
“The Committee notes that there are 18 specialized preschools and 14 residential schools to accommodate children with mental and physical disabilities....
“The Committee recommends that the State party, taking into account the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69): ...
b) ensure implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993; ...
d) pursue efforts to ensure that children with disabilities are enabled to exercise their right to education to the maximum extent possible and facilitate inclusion in the mainstream education system; ...
g) remove physical barriers to enable effective access of children with disabilities to school and other institutions and public services.
“The Committee is concerned at information that the educational system of Turkmenistan has deteriorated over the past few years. In particular, it is concerned that: ...
h) students belonging to ethnic minorities, notably Kazakh, Uzbek, Armenian and Russian children, have increasingly limited possibilities to study and receive education in their mother tongue, despite legislative provisions in this respect.
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (2001), take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, and in particular that it: ...
d) reopen Kazakh-, Uzbek-, Armenian- and Russian-language classes and schools for children of ethnic minorities....”
Tuvalu
(31st March 2020, CRC/C/TUV/CO/2-5, Concluding observations on the combined second to fifth periodic reports, paras 16, 17, 37, 38, 45 and 46) - 84th session
“The Committee is concerned about:
(a) The prevalence of discriminatory provisions in the State party’s legislation despite the Committee’s previous recommendations (CRC/C/TUV/CO/1, para. 24), in particular the Tuvalu Lands Code 1962 and the Native Lands Act 1956, which discriminate against women and girls in relation to land inheritance rights and child custody, as well as the Penal Code 1965, which criminalizes consensual sexual activity between boys;
(b) The persistent de facto discrimination against, among others, girls, children with disabilities and children living in the outer islands, especially with regard to access to education, health care and services, and development.”
“Taking note of target 10.3 of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Use the constitutional review process to ensure that the Constitution provides protection from discrimination on all prohibited grounds, including gender, disability, birth and other status, in line with article 2 of the Convention;
(b) Amend its discriminatory laws, in particular the Tuvalu Lands Code 1962, the Native Lands Act 1956 and the Penal Code 1965, and enact anti-discrimination legislation;
(c) Develop policies and awareness-raising measures to address the root causes of de facto discrimination, including against girls, children with disabilities and children living in the outer islands.”
“The Committee welcomes the accession of the State party to the Convention on the Rights of Persons with Disabilities and the measures taken to develop a national disability policy. It is concerned, however, that the laws and policies regarding children do not sufficiently take into account the rights of children with disabilities. It is also concerned about the lack of information on the situation of children with disabilities and the insufficient progress made in ensuring their access to specialized health care and services and to inclusive education.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party, with the full and effective participation of children with disabilities, to:
(a) Harmonize national legislative and policy frameworks with the human rights model of disability to uphold the rights of children with disabilities, including by setting up a comprehensive strategy for the full inclusion of children with disabilities into society;
(b) Undertake a study on the situation of children with disabilities, including their access to services and support, and use the findings to inform the implementation of the Convention and its national legal and policy frameworks;
(c) Ensure access for children with disabilities, including those with intellectual and psychosocial disabilities, to inclusive education in mainstream schools, with adequately trained teachers and professionals to provide individual support to them…”
“While welcoming the fact that the State party continues to provide compulsory free primary and secondary education, the Committee is concerned about:
(a) Extra fees and hidden costs of education, such as school uniforms, lunch and transportation, continuing to keep some children from financially disadvantaged families from attending school;
(b) The deteriorating quality of education owing to poor school infrastructure, inadequate and outdated teaching and instructional methods and materials, and an insufficient number of qualified teachers;
(c) The lack of school re-entry policies for adolescent mothers;
(d) The limited provision of vocational training, including for school dropouts;
(e) The inadequate development of early childhood education and care.”
“Taking note of targets 4.2, 4.4, 4.5, 4.7 and 4.C of the Sustainable Development Goals, the Committee recommends that the State party:
(a) Eliminate extra fees and hidden costs of education to ensure that children from financially disadvantaged families have access to education on an equal basis with others;
(b) Take all measures necessary to ensure access to quality education, including by upgrading the infrastructure of schools, conducting a review of teaching and instructional methods and materials with a view to increasing their quality and allocating sufficient resources to train qualified teachers, ensuring that they receive systematic and appropriate training to upgrade their teaching skills further through in-service training;
(c) Adopt and implement re-entry policies, enabling adolescent mothers to return to school after pregnancy;
(d) Strengthen and expand vocational training to enhance the skills of children, especially those who drop out of school;
(e) Allocate sufficient human, technical and financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development.”
U
Uganda
(23 November 2005, CRC/C/UGA/CO/2, Concluding observations on second report, paras. 47, 60, 61, 81 and 82)
“In light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee on its day of general discussion on the rights of children with disabilities (see CRC/C/69), the Committee recommends that the State party take all necessary measures: ...
c) to provide children with disabilities with access to adequate social and health services, to quality education and to the physical environment, information and communication; ...
e) to ensure that professionals working with and for children with disabilities, such as medical, paramedical and related personnel, teachers and social workers, are adequately trained.
“The Committee recommends that the State party, taking into account its general comment No. 1 (2001) on the aims of education: ...
b) increase enrolment in primary and secondary education, reducing socio-economic, ethnic and regional disparities in access to and full enjoyment of the right to education;
c) undertake additional efforts to ensure access to informal education to vulnerable groups, including street children, orphans, children with disabilities, child domestic workers and children in conflict areas and camps, inter alia by eliminating the indirect costs of school education....
“The Committee ... notes the policy of “universal primary education”, which secures access to education for refugee children. However, the Committee is concerned at the poor living conditions, high drop-out rates among girls from fourth grade onwards, inadequate sanitary materials for girls attending schools and lack of reproductive health education.
“The Committee is concerned at the situation of children belonging to minorities, including Batwa children, in particular with regard to their limited access to basic social services, including health care and education, and the violation of their rights to survival and development, to enjoy their own culture and to be protected from discrimination.
“In light of the recommendations adopted at its day of general discussion on the rights of indigenous children (CRC/C/133, para. 624), the Committee recommends that the State party: ...
b) adopt adequate means and measures to ensure that Batwa communities, including children, are provided with information regarding birth registration procedures, access to health-care facilities and education.”
Ukraine
(21 April 2011, CRC/C/UKR/CO/3-4, Concluding observations: Ukraine, paras. 52, 53 and 66)
“The Committee is concerned at the persisting inadequacy of educational, social and health services for children with disabilities and their families. In particular, the Committee regrets that many obstacles remain in ensuring equal access to education for children with intellectual disabilities and that, due to the lack of early intervention and special education, many children with disabilities are placed in institutions. Furthermore, the Committee is concerned at the placement of children with or without disabilities during their first three years of age in infant homes and at the qualification of such children as having medical conditions, which negatively affects their development and quality of life and further reinforces institutionalization.
“The Committee recommends that the State Party, in accordance with article 23 of the Convention and in cooperation with non-governmental organizations:
(a) Develop a comprehensive policy for the protection of the rights of children with disabilities and their equal access to educational, social and other services in their own family and community environment. In this endeavour, the Committee recommends that the State party address all priorities highlighted in the WHO European Declaration on the Health of Children and Young People with Intellectual Disabilities and their Families (endorsed by member States of the WHO European Region in 2010);
(b) Develop and strengthen early intervention services for children with disabilities and support to their families to prevent the institutionalization of children, in cooperation with parents’ organizations;
(c) Establish a monitoring system for residential institutions for children with disabilities which closely examines the situation of their rights in these facilities, and ensure that monitoring favours the participation of civil society organizations and incorporates concrete steps to follow up recommended actions.
“The Committee is concerned that the decreasing population of school-age children is leading to a reduction of educational facilities, in particular in the countryside, and limits access to education for children living in rural areas, Roma children and children with disabilities.
(9 October 2002, CRC/C/15/Add.191, Concluding observations on second report, paras. 29, 30, 53, 54, 60, 61, 62, 63, 74 and 75)
“The Committee remains concerned that the principle of non-discrimination is not fully implemented for children of economically disadvantaged households, children living in rural areas, children in institutions, children with disabilities, Roma children and children affected with HIV/AIDS, especially regarding health care, social welfare and education.
“The Committee recommends that the State party monitor the situation of children of economically disadvantaged households, children living in rural areas, children in institutions, children with disabilities, children belonging to national minorities such as Roma children, and children affected with HIV/AIDS. On the basis of the results of this monitoring, comprehensive proactive strategies containing specific and well-targeted actions aimed at eliminating all forms of discrimination, including in particular access to education and health care, should be elaborated.
“The Committee is concerned at the prevailing poor situation of children with disabilities and the increase in the number of disabled children in the period 1993-1997. In particular, it is concerned at: ...
f) the limited inclusion of and access by children with disabilities to various areas of daily life, in particular with regard to the education system.
“In light of article 23 of the Convention, the Committee reiterates its previous recommendations that the State party:
d) in light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), further encourage their integration into the regular educational system and their inclusion into society, including by providing special training to teachers and by making schools more accessible.
“The Committee welcomes the efforts undertaken by the State party to improve the education system with the introduction of the Act “On education”, which includes such aims as ensuring the delivery of compulsory secondary education to all children of school age. The Committee also welcomes the adoption of State standards for higher education. The Committee remains concerned, however, that: ...
e) there are important regional disparities in the number of education establishments and in the quality of education available, with rural areas being at a particular disadvantage, and that children of small national minorities such as Roma do not get quality education, including in their own language....
“The Committee recommends that the State party:
a) ensure the availability of free primary education and accessibility for all children in the State party, giving particular attention to children in rural communities, Roma children, Crimean Tatar children and children of other minorities, as well as children from disadvantaged backgrounds, to good quality education, including in their own language....
“The Committee welcomes the enactment of the Refugee Law 2001, but remains concerned that:
a) as noted in the State party’s report, some refugee children, especially older ones, do not attend school which prevents them from obtaining an education and leads to their isolation in Ukrainian society....
“The Committee recommends that the State party: ...
c) ensure that asylum-seeking, refugee and illegal immigrant children have access to education and health services....
“The Committee is concerned that, despite pilot programmes aimed at improving the situation of the Roma in certain provinces, they still suffer from widespread discrimination, which has in some instances impeded their children’s right to education, health and social welfare.
“The Committee recommends that the State party:
a) initiate campaigns at all levels and in all provinces aimed at addressing the negative attitudes towards the Roma in society at large and in particular amongst authorities and professionals providing health, education and other social services;
b) develop and implement a plan aimed at integrating all Roma children into mainstream education and prohibiting their segregation in special classes and which includes pre-school programmes for them to learn the primary language of schooling in their community;
c) develop curriculum resources for all schools that include Romani history and culture in order to promote understanding, tolerance and respect for Roma in Ukrainian society.”
United Arab Emirates
(30th October 2015, CRC/C/ARE/CO/2, Concluding observations on the second periodic report, paras 23, 24, 25, 26, 53, 54, 60 and 61) - 70th Session
“The Committee is concerned about the persistence of discrimination against girls under the personal status law, notably in the field of inheritance and custody, and that no information was provided by the State party on the measures taken to prevent and eliminate gender-based discrimination. The Committee is also concerned that certain rights under the Constitution are guaranteed only to citizens and not to non-citizens residing on the territory of the State party and that bidoon children and children born out of wedlock continue to experience serious discrimination in relation to the enjoyment of their rights under the Convention.”
“The Committee reminds the State party that the obligation to combat all forms of discrimination is an immediate obligation and urges it to take all appropriate measures to repeal all laws and eliminate all practices that discriminate against girls. Active measures should also be taken to eliminate de jure and de facto discrimination against children born out of wedlock, as well as children who are not citizens of the State party and bidoon children.”
“The Committee is concerned about the situation of the children of human rights defenders convicted in the context of the “UAE 94” trial, whose rights to education, identity documents, freedom of movement and maintenance of contact with their detained parents have reportedly been seriously undermined.”
“The Committee reminds the State party of its obligation to ensure that children are protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions or beliefs of their parents, and therefore recommends that the State party put an end to all forms of discrimination experienced by the children of human rights defenders and political opponents.”
“The Committee welcomes Federal Act No. 29 of 2006, concerning the rights of persons with disabilities, as amended by Federal Act No. 14 of 2009, as well as all the circulars adopted to adapt the school environment for children with visual impairments (e.g. by providing school books in Braille) or autism (e.g. by offering training programmes on the use of the Vineland Adaptive Behaviour Scale and the Gilliam Autism Rating Scale) and provide specific training to teachers. It is concerned, however, that priority is still given to the provision of special education, including in mainstream schools, over the development of a fully inclusive educational system. The Committee is also concerned about the lack of disaggregated data on children with disabilities and about the lack of measures to include them in recreational, sport and cultural activities, which remain mostly segregated.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human-rights-based approach to disability and to collect disaggregated data on children with disabilities in order to develop efficient policies and strategies for these children and adequately monitor the implementation of those policies. The State party should also set up a comprehensive strategy for the inclusion of children with disabilities in the mainstream educational system, as well as in recreational, sport and cultural activities and society at large.”
“The Committee is concerned that access to free education is guaranteed only to children who are nationals of the United Arab Emirates, although the right to free primary education under the Convention applies to all children living on the territory of a State party. The Committee is also concerned about the limited information provided on the provision of human rights education in the State party’s schools.”
“The Committee recommends that the State party ensure that all children living on its territory enjoy their right to free compulsory primary education and develop a national plan of action for human rights education, as recommended in the framework of the World Programme for Human Rights Education.”
United Kingdom
(22 June 2023 CRC/C/GBR/CO/6-7 Advance Unedited Version, Concluding observations on the combined sixth and seventh periodic reports, paras. 20, 33, 38, 43,50 and 54.) - 93rd Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: non-discrimination, abuse, neglect and sexual exploitation and abuse, children deprived of a family environment, mental health, asylum-seeking, refugee and migrant children and administration of child justice.”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(12th July 2016, CRC/C/GBR/CO/5, Concluding observations on the fifth periodic report, paras 17, 18, 56, 57, 72, 73, 76 and 77) - 72nd session
“In the context of international development cooperation, the Committee is concerned about the State party’s funding of low-fee, private and informal schools run by for-profit business enterprises in recipient States. Rapid increase in the number of such schools may contribute to substandard education, less investment in free and quality public schools and deepened inequalities in the recipient countries, leaving behind children who cannot afford even low-fee schools.”
“The Committee recommends that the State party ensure that its international development cooperation supports the recipient States in guaranteeing the right to free compulsory primary education for all, by prioritizing free and quality primary education in public schools, refraining from funding for-profit private schools and facilitating registration and regulation of private schools.”
“The Committee is concerned that:
(a) Many children with disabilities do not see that their views are given due weight in making personal decisions in their life, including choice of support and future;
(b) Many children with disabilities are still placed in special schools or special units in mainstream schools and many school buildings and facilities are not made fully accessible to children with disabilities;
(c) Provision of the support for transition to adulthood is often neither sufficient, timely nor well-coordinated, and does not ensure fully informed decision by children with disabilities.”
“With reference to its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Ensure full respect of the rights of children with disabilities to express their views and to have their views given due weight in all decision-making that affects them, including on access to and choice of personal support and education;
(b) Set up comprehensive measures to further develop inclusive education, ensure that inclusive education is given priority over the placement of children in specialized institutions and classes and make mainstream schools fully accessible to children with disabilities;
(c) Provide children with disabilities with a comprehensive and integrated package of services for transition to adulthood, from a sufficiently early stage, by coordinating legislation, policy and programmes across relevant sectors, and ensure fully informed decisions by children with disabilities on their personal choice in the transition, by involving them in the design of services and by providing advice and information on available options.”
“The Committee welcomes the gradual closing of inequality gaps in education attainment and the decreasing use of exclusion from school. However, the Committee is concerned that:
(a) Substantial inequalities persist in educational attainment, particularly for boys, children living in poverty, Roma, gypsy and traveller children, children with disabilities, children in care and newcomer children;
(b) Among children subject to permanent or temporary school exclusions, there is a disproportionate number of boys, Roma, gypsy and traveller children, children of Caribbean descent, children living in poverty and children with disabilities and, with the exception of Scotland, only children with disabilities have the right to appeal against their exclusion;
(c) Children with disabilities, in particular children with psychosocial disabilities and other “special educational needs”, are often subject to the practice of “informal” exclusion or “taught off-site” to control their behaviour;
(d) Isolation rooms are used for disciplining children;
(e) In Northern Ireland, segregation of schools by religion persists;
(f) Many children living in poverty, particularly boys, do not meet the expected level of language development at the preschool level, which has a negative impact on their primary education, hindering their development throughout their life.”
“The Committee recommends that the State party:
(a) Enhance its efforts to reduce the effects of the social background or disabilities of children on their achievement in school and to guarantee the right of all children to a truly inclusive education in all parts of the State party, including for newcomer children without experiences of formal education. In this regard, closely monitor and, if necessary, regulate the establishment and management of academies and free schools in England and abolish the practice of unregulated admission tests to post-primary education in Northern Ireland;
(b) Use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, forbid and abolish the practice of “informal” exclusions and further reduce the number of exclusions by working closely with social workers and educational psychologists in school and using mediation and restorative justice;
(c) Ensure that children have the right to appeal against their exclusion and are provided with legal advice, assistance and, where appropriate, representation for those without means;
(d) Abolish the use of isolation rooms;
(e) In Northern Ireland, actively promote a fully integrated education system and carefully monitor the provision of shared education, with the participation of children, in order to ensure that it facilitates social integration;
(f) Taking note of target 4.2 of the Sustainable Development Goals, on access to quality early childhood development services, allocate sufficient human, technical and financial resources for the development and expansion of early childhood care and education, based on a comprehensive and holistic policy of early childhood development, with special attention to the children in the most vulnerable situations;
(g) Make children’s rights education mandatory.”
“The Committee welcomes the decision made by the State party in December 2010 to end the detention of children for immigration purposes. Nevertheless, the Committee is concerned that…
(f) Asylum-seeking, refugee and migrant children and their families face difficulty in gaining access to basic services, such as education and health care, and are at high risk of destitution…”
“With reference to its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party…
(f) Provide sufficient support to migrant, refugee and asylum-seeking children to access basic services…”
(3 October 2008, CRC/C/GBR/CO/4 Unedited version, Concluding observations on third-fourth report, paras. 6, 7, 52, 53, 66 and 67) - 49th Session
“The Committee, while welcoming the State party’s efforts to implement the concluding observations on previous State party’s reports, notes with regret that some of the recommendations contained therein have not been fully implemented, in particular:
a) with respect to the second periodic report of the United Kingdom (CRC/C/15/Add.188), those related, inter alia, to: ... education (§ 47-48)....
“The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the previous reports that have not yet – or not sufficiently – been implemented as well as those contained in the present concluding observations. In this context, the Committee draws the attention of the State party to its general comment No.5 (2003) on general measures of implementation of the Convention on the Rights of the Child.
“The Committee welcomes the State party’s initiatives undertaken at national as well as at local level in terms of analysing and improving the situation of children with disabilities. The Committee, however, is concerned that:
a) there is no comprehensive national strategy for the inclusion of children with disabilities into society....
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
a) take all necessary measures to ensure that legislation providing protection for persons with disabilities, as well as programmes and services for children with disabilities, are effectively implemented;
b) develop early identification programmes;
c) provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers;
d) develop a comprehensive national strategy for the inclusion of children with disability in the society;
e) undertake awareness-raising campaigns on the rights and special needs of children with disabilities, encourage their inclusion in society and prevent discrimination and institutionalization;
f) consider ratifying the International Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“The Committee notes with appreciation the numerous efforts of the State party in the sphere of education, in order to guarantee the objectives set out in the Convention. However, it is concerned that significant inequalities persist with regard to school achievement of children living with their parents in economic hardship. Several groups of children have problems to be enrolled in school or to continue or re-enter education either in regular schools or alternative educational facilities and cannot fully enjoy their right to education, notably children with disabilities, children of Travellers, Roma children, asylum-seeking children, dropouts and non-attendees for different reasons (sickness, family obligations etc.) and teenage mothers. Furthermore, the Committee is concerned that:
a) participation of children in all aspects of schooling is inadequate, since children have very few consultation rights, in particular they have no right to appeal their exclusion or to appeal the decisions of a special educational needs tribunal; ...
d) the number of permanent and temporary schools exclusions is still high and affects in particular children from groups which in general are low on school achievement;
e) the problem of segregation of education is still present in Northern Ireland;
f) despite the Committee’s previous concluding observations, academic selection at the age of 11 continues in Northern Ireland.
“The Committee recommends that the State party:
a) continue and strengthen its efforts to reduce the effects of the social background of children in their achievement in school;
b) invest considerable additional resources in order to ensure the right of all children to a truly inclusive education which ensures the full enjoyment to children from all disadvantaged, marginalized and school-distant groups;
c) ensure that all children out of school get alternative quality education;
d) use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and get social workers and educational psychologists in school in order to help children in conflict with school; ...
h) ensure that children who are able to express their views have the right to appeal against their exclusion as well as the right, in particular for those in alternative care, to appeal to the special educational need tribunals
i) take measures to address segregation of education in Northern Ireland;
j) put an end to the two tier culture in Northern Ireland by abolishing the 11+ transfer test and ensure that all children are included in admission arrangements in post-primary schools.”
(9 October 2002, CRC/C/15/Add.188, Concluding observations on second report, paras. 47, 48, 49, 50, 51 and 52) - 31st Session
“... The Committee is concerned at the still high rate of temporary and permanent exclusion from school affecting mainly children from specific groups (ethnic minorities, including black children, Irish and Roma travellers, children with disabilities, asylum-seekers, etc.), and the sharp differences in educational outcomes for children according to their socio-economic background and to other factors such as gender, disability, ethnic origin or care status.... The Committee is particularly concerned that children deprived of their liberty in prisons and juvenile detention centres do not have a statutory right to education ... and that they do not have support for special education needs. The Committee is further concerned that the majority of children in the care system, as well as teenage mothers, do not attain basic qualifications. The Committee welcomes the development of integrated schools in Northern Ireland, but remains concerned that only about 4 per cent of the schools are integrated and that education continues to be largely segregated.
“In light of articles 2, 12, 28 and 29 of the Convention, and in line with its previous recommendations (ibid., para. 32), the Committee recommends that the State party:
b) take appropriate measures to reduce temporary or permanent exclusion, ensure that children throughout the State party have the right to be heard before exclusion and to appeal against temporary and permanent exclusion, and ensure that children who are excluded do continue to have access to full-time education;
c) take all necessary measures to eliminate the inequalities in educational achievement and in exclusion rates between children from different groups and to guarantee all children an appropriate quality education....
“... The Committee is further concerned that ... placement in temporary accommodation of children seeking asylum may infringe their basic rights such as access to health or education....
“In accordance with the principles and provisions of the Convention, especially articles 2, 3, 22 and 37, and with respect to children, whether seeking asylum or not, the Committee recommends that the State party:
b) ensure that refugee and asylum-seeking children have access to basic services such as education and health....
“Committee is concerned at the discrimination against children belonging to the Irish and Roma travellers which is reflected inter alia, in the higher mortality rate among these children, their segregation in education, the conditions of their accommodation and social attitudes towards them....
“In line with its previous recommendations (ibid., para. 40), the Committee recommends that the State party devise, in a consultative and participatory process with these groups and their children, a comprehensive and constructive plan of action to effectively target the obstacles to the enjoyment of rights by children belonging to these groups.”
United Republic of Tanzania
(3rd March 2015, CRC/C/TZA/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 29, 30, 31, 52, 53, 60, 61, 62 and 63) - 68th Session
“While noting the “campaign on violence against women, children and people with albinism conducted throughout the country”, the Committee is nevertheless extremely alarmed about the killings of children with albinism, including for ritual purposes, and their social exclusion in the State party. It is seriously concerned that the root causes of the violence, including murder, mutilations and trafficking of body parts, are insufficiently addressed, that prosecution of offenders is hampered by fear and the reported complicity of some State authorities, and that children with albinism have been placed in boarding schools/shelters for children with special needs.”
“The Committee is further concerned about reports that these shelters, while offering immediate protection, are not temporary as originally intended and are unhygienic, overcrowded, and have limited human and financial resources. Children placed in these boarding schools/shelters are separated from their families and segregated from their community. The Committee also notes with concern reports that children with albinism in these shelters are punished, especially by prolonged exposure to the sun, leading to the rapid development of skin cancer. They are also subjected to threats and even to sexual abuse.”
“The Committee urges the State party to adopt without delay a comprehensive strategy, including awareness-raising, especially in the most affected areas, targeting “witch doctors”, to fully ensure the immediate and long-term protection of children with albinism and address the root causes of the violence they suffer. It also urges the State party to expedite the investigation and prosecution of all cases involving children with albinism so that no perpetrator can escape with impunity, and provide the victims with rehabilitation and redress. The Committee encourages the State party to review its policy of placing children with albinism in boarding schools. It also recommends that the State party take all necessary measures to find the families of those children who have been placed in such shelters and reunite the children with their families, when this is in the best interests of the child.”
“The Committee notes with appreciation the laws and policies to protect the rights of children with disabilities, including efforts to promote the enrolment of children with disabilities into mainstream education. However, the Committee notes with concern that:
(a) Throughout the country, children with disabilities are subjected to greater abuse, violence, stigma and exclusion, particularly in rural areas, and especially those children with intellectual and psychosocial impairments;
(b) Early diagnosis of the impairment and support are difficult to obtain, in particular for children from poor families;
(c) Parents are sometimes reluctant to report cases of and seek support for children with disabilities, in particular psychosocial impairments, because of the associated social stigma;
(d) Infrastructure in public places is not suitable for children with disabilities;
(e) Access to inclusive education and well-trained teachers is limited;
(f) Primary-school enrolment of children with disabilities is very low.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability and specifically recommends that it:
(a) Strengthen the implementation of laws and policies relating to children with disabilities, including the National Disability Mainstreaming Strategy 2010-2015;
(b) Allocate sufficient resources and, in particular, establish a specific fund to implement the National Strategy on Inclusive Education;
(c) Expedite the establishment of the necessary infrastructure in public places to accommodate children with different disabilities;
(d) Work together with communities to develop a public-awareness strategy to challenge negative social and cultural beliefs and norms regarding children with disabilities.”
“The Committee welcomes the recent policy statement that provides for free compulsory primary and secondary education. However, the Committee expresses concern about the State party’s own evaluation that “formal education systems are unable to accommodate the growing demand”, since the system still has insufficient schools, materials and qualified teachers. In particular, the Committee is concerned about:
(a) The fees and unofficial financial contributions still paid by parents of primary-and secondary-school students;
(b) The difficulties faced by some children, in particular those living in poverty and those in remote and rural areas, in accessing education, including the long walking distances from home to school and the absence of school-meal programmes;
(c) The geographical disparities in ensuring high-quality education;
(d) The rates of absenteeism and dropout, often due to the education provided not being adapted to the livelihoods of children and families involved in activities such as pastoralism, fishing, mining and farming;
(e) Difficulties related to poor infrastructure and inadequate budget allocations to education, including teacher shortages, and poor teaching and learning materials and environment;
(f) Parents’ low awareness of the importance of education and school enrolment.”
“The Committee encourages the State party to continue its efforts to increase school enrolment and recommends that it:
(a) Ensure the full enrolment of all children in education, including those who may be excluded owing to the hidden costs of compulsory education, such as contributions for cleaning, study visits and extracurricular activities;
(b) Allocate sufficient resources to improve the geographic accessibility of schools and the quality of education;
(c) Adapt the education system to accommodate children and families whose livelihoods are based on pastoralism, fishing, mining and farming;
(d) Develop and promote high-quality vocational training to enhance the skills of children and young people, especially those who drop out of school;
(e) Improve the quality of teacher training, particularly in and for rural areas;
(f) Allocate sufficient financial resources for the development and expansion of early childhood education, based on a comprehensive and holistic policy of early childhood care and development.”
“While welcoming the policy adopted by the Ministry of Education and Vocational Training in the Mainland to allow the continuing education of girls after giving birth, the Committee regrets the State party’s reservation to the African Youth Charter (2012) concerning continuing education for pregnant girls, and notes with concern that the State party has not revised provisions of the Education Act of Tanzania Mainland to explicitly prohibit the expulsion of pregnant girls from school. The Committee also remains concerned that the practice of mandatory pregnancy testing of girls as a pre-requirement for admission to school in the Mainland remains prevalent, as does the expulsion of pregnant girls from school.”
“The Committee recommends that the State party take immediate measures to ensure the continued enrolment of girls who become pregnant during their school years and of adolescent mothers, and cease mandatory pregnancy testing. It also recommends that those girls who leave school because of pregnancy be supported and assisted in their re-enrolment and in the continuation of their education in mainstream schools. It calls on the State party to adequately disseminate that policy.”
(21 June 2006, CRC/C/TZA/CO/2, Concluding observations on second report, paras. 42, 43, 55 and 56)
“While welcoming the establishment of the National Advisory Council to monitor rehabilitation centres for children with disabilities, the Committee remains concerned at the limited understanding of the situation of children with disabilities, the limited capacities for early detection and treatment of children with disabilities, the inaccessibility of buildings and transportation to children with disabilities, and the absence of an inclusive policy with regard to children with disabilities.
“In the light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and its recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), the Committee recommends that the State party:
a) further encourage the integration of children with disabilities into the regular educational system and their inclusion into society;
b) pay more attention to special training for teachers and making the physical environment, including schools, sports and leisure facilities and all other public areas, accessible for children with disabilities....
“... the Committee is concerned about access to quality education at all levels; the poor physical environment of schools, which often lack appropriate water and sanitation facilities; and the high dropout rates due to pregnancy, early marriage and retention.
“The Committee recommends that the State party: ...
c) review the 1992 Education Act on Tanzania mainland to prohibit the expulsion of pregnant teenagers from schools;
g) undertake additional efforts regarding facilities for informal education to vulnerable groups, including street children, orphans, children with disabilities, and child workers....”
USA
(26 June 2013, CRC/C/OPAC/USA/2, Concluding observations on the second report, paras. 9, 10, 20, 21, 24, 25)
“The Committee, while noting the enactment of the 2008 Child Soldiers Accountability Act to better comply with the Optional Protocol, regrets, however, that the Act does not criminalize recruitment of children up to 18 years.”
“The Committee recommends that the State Party consider amending the 2008 Child Soldiers Accountability Act to criminalize recruitment and involvement of children up to the age of 18 years.”
“The Committee expresses concern that approximately 10 per cent of recruits enrolled in the armed forces are under 18 years and regrets that the State party does not intend to raise the age of voluntary recruitment to 18 years. The Committee is also concerned that:
(a) Recruitment policies and practices, including the quota system, undermine the safeguards contained in article 3, paragraph 3, of the Optional Protocol and question the voluntary nature of the recruitment of children below the age of 18 years;
(b) Under the No Child Left Behind Act, schools are required to provide military recruiters access to secondary school students’ names, addresses and telephone listings, and that parents are not always informed of their right to request not to release such information and parental or legal guardian’s consent has not always been obtained, as observed in its previous concluding observations (CRC/C/OPAC/USA/CO/1, para. 15); and
(c) Parents and children are often unaware of the voluntary nature of the Armed Services Vocational Aptitude Battery (ASVAB) test organized in schools or its links to the military and that in some instances, students were reportedly informed that the test was mandatory.”
“The Committee reiterates its previous recommendation (CRC/C/OPAC/USA/CO/1, para. 16, 2008) and recommends that the State party review and raise the current voluntary recruitment age into the armed forces to 18 years in order to promote and strengthen the protection of children through an overall higher legal standard. The Committee also recommends that the State party:
(a) Reconsider its recruitment policies and practices, by inter alia amending the No Child Left Behind Act and to ensure that recruitment practices do not actively target persons under the age of 18, abolish the recruiter quota system and ensure that military recruiters’ access to school grounds be limited;
(b) Prohibit disclosure of information on students without prior parental consent and ensure that recruitment policies and practices are brought into line with the respect for privacy and integrity of children. In this regard, the Committee recommends that the State party continue and strengthen monitoring and oversight of recruiter irregularities and misconduct by effective investigation, imposition of sanctions and when necessary prosecution of recruiter misconduct;
(c) Ensure that schools, parents and pupils are made aware of the voluntary nature of ASVAB before consenting to participation in it; and…”
“The Committee takes note of the fact that the Junior Reserve Officer Training Corps (JROTC) is a voluntary programme. The Committee is however concerned that:
(a) Children are not always properly informed that enrolment into the JROTC programme is of a voluntary nature;
(b) In some schools, this programme is used as a substitute for students enrolled in oversubscribed classes from which children cannot withdraw without losing their school credit;…”
“The Committee recommends that the State party:
(a) Ensure that families and children are properly informed of the voluntary nature of the JROTC programme;
(b) Ensure that JROTC is not used as a substitute for regular school activity;…”
“The Committee regrets that human rights and peace education, as well as knowledge of the Optional Protocol, are not specifically incorporated as a mandatory part of primary and secondary school curricula and in teachers’ training programmes.”
The Committee recommends that the State party include human rights and peace education in the curricula of all schools, including military schools, with special reference to the Optional Protocol. The Committee further recommends that the State party consider and adopt a plan of action for the second phase (2010-2014) of the World Programme for Human Rights Education, focusing on human rights education and on human rights training for teachers and educators, law enforcement officials and military personnel (see A/HRC/15/28).”
(2 July 2013, CRC/C/OPSC/USA/2, Concluding observations on the second periodic report, paras. 17, 18, 25, 26, 44, 45)
“The Committee welcomes the efforts undertaken by the State party and in particular the Department of Health and Human Services to reachout to the public and providers,the Department of Education’s Office of Safe and Healthy Students programme to raise awareness of the issues covered under the Optional Protocol and the Blue Campaign initiative launched by the Department of Homeland Security to raise awareness o f human trafficking. The Committee is, however, concerned that these activities focus on human trafficking in general, failing to make the crucial difference between child and adult victims or those at risk of becoming victims of sale, child prostitution and child pornography.”
“The Committee recommends that the State party:
(a) Make all the provisions of the Optional Protocol widely known to the public, particularly to children and their families, through, inter alia, developing and implementing specific long-term awareness-raising programmes, at national and state level, and including the provisions of the Protocol into school curricula at all levels of the education system using appropriate material created specifically for children; and
(b) In cooperation with civil society and the media, intensify and promote awareness among the public at large of the need to prevent and combat crimes under the Optional Protocol, focusing on children who are particularly at risk of becoming victims and their parents, and encouraging the participation of the community, in particular that of children including child victims of both sexes.”
“The Committee is deeply concerned that in the State party a large number of children are trafficked for the purpose of labour, especially in the agricultural sector, and that many children face the worst forms of child labour, including forced labour. The Committee is also concerned that little data is available on child economic exploitation. Furthermore, the Committee is also concerned at the dearth of relevant legislation regarding child labour and child economic exploitation in the agricultural sector and other sectors employing especially foreign nationals often in conditions amounting to servitude. The Committee is particularly concerned that children under the age of 16 can be hired to work in small farms with parental consent. The Committee is further concerned that children under 18 years and, in some cases, under 16 years are often encountered working in the agricultural sector in hazardous or dangerous conditions.”
“The Committee urges the State party to take active measures to prevent the sale of children for the purpose of child labour by, inter alia, applying the TVPA to define modern forms of servitude related to child labour and ensure that the burden of proof is on the Government and not on the exploited children who do not have the capacity nor maturity to consent to being sold for this purpose. Furthermore, the Committee recommends that the State party:
(b) Review and revise laws at federal and state level to ensure that the minimum age of 16 years also applies to small farms with or without parental consent;
(d) Review policies and improve standards regarding United States industries and businesses that hire children both in and outside the country in order to prevent egregious forms of child labour, including in agriculture, some manufacturing industries, childcare and the service sectors; and…
(f) Ensure that child labour legislation specifically focuses on unaccompanied foreign nationals who are minors brought or arrived into the country for purposes amounting to economic exploitation; and…”
“The Committee is deeply concerned that protection services are severely lacking amounting to a few hundred shelter beds throughout the entire State party for sexually exploited children, mostly funded by private institutions and private charity organizations. Even in states with safe-harbour laws which provide for service referral to victims, these are often non-existent resulting in most cases in arrest and detention in order “to protect” children from further violations and suffering. The Committee is also concerned that these children often still lack adequate services for their full physical, psychological and emotional recovery and social reintegration as well as compensation.”
“The Committee strongly urges the State party to increase the allocation and spending of resources to establish directly or through service providers, the specialized services required for children who have been trafficked, sold for sexual or economic exploitation or otherwise victims of crimes under the Optional Protocol. Theseshouldincludesheltersforimmediatereliefandlonger-termservices,especially family reunification, if appropriate, or placement in family settings, and health and education, in order for them to recover physically, psychologically and emotionally and to reintegrate into society. Adequate remedy and reparation should be sought legally and through other means.”
Uruguay
(6th March 2015, CRC/C/OPSC/URY/CO/1, Concluding observations on the initial report submitted by Uruguay under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 7 and 8) - 68th Session
“The Committee is concerned about the lack of a comprehensive data collection system covering all offences under the Optional Protocol. It is also concerned about the lack of precise statistics on the number of cases of child victims of sale, child prostitution and child pornography, and the number of perpetrators prosecuted and the sanctions pronounced against.”
“In line with its concluding observation under the Convention on the Rights of the Child (CRC/C/URY/CO/3-5, para. 17), the Committee recommends that the State party develop and implement a comprehensive system of data collection, analysis and impact assessment of all the areas covered by the Optional Protocol. The data should be disaggregated, including by sex, age, national and ethnic origin, geographical location, and socioeconomic status, with particular attention to children in vulnerable situations. Data should also be collected on the number of prosecutions and convictions, and disaggregated by the nature of the offence.”
(5th March 2015, CRC/C/URY/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 43, 44, 57, 58, 59 and 60) - 68th Session
“While noting that the Plan of Action 2010-2015 for the National Strategy for Children and Adolescents includes a section on the care, education and social inclusion of children with disabilities, the Committee is concerned that the State party has not adopted a comprehensive policy on the inclusive education and participation in society of children with disabilities. The Committee regrets that discrimination against children with disabilities remains widespread in the State party.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, and specifically recommends that it:
(a) Set up comprehensive measures to develop inclusive education, and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes;
(b) Train and assign specialized teachers and professionals to provide individual support and due care to children with learning difficulties in ordinary schools;
(c) Adopt a human rights-based policy that addresses the barriers that hinder the full and effective participation in society of children with disabilities on an equal basis with other children;
(d) Undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of such children.”
“The Committee welcomes the efforts made by the State party to increase its expenditure on education and to improve the education system. The Committee is concerned, however, about the high dropout rate in secondary schools, and that children in vulnerable situations, children living in rural and remote areas, and children of African descent continue to face discrimination in the education system and have a very low graduation rate. The Committee is also concerned that the economic conditions and poor training of teachers continue to have a negative impact on the quality of education for all children.”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party:
(a) Continue its efforts to allocate sufficient financial resources for the development and improvement of the national education system;
(b) Adopt concrete measures to ensure equal access to high-quality education for all children, particularly children in vulnerable situations, children living in rural and remote areas, and children of African descent;
(c) Adopt a comprehensive strategy to address factors contributing to the repetition and non-completion of schooling and ensure that all children complete their schooling, particularly children in vulnerable situations, children living in rural and remote areas, and children of African descent;
(d) Continue its efforts to further develop training for teachers and to improve their working conditions, in order to encourage them to provide education of a high quality.”
“While welcoming efforts made by the State party to expand early childhood care and education, the Committee is concerned about the low number of early childhood care and education services available throughout the country, especially for children under the age of 3. The Committee is also concerned about the quality and monitoring of these services.”
“The Committee recommends that the State party further improve the quality and coverage of its early childhood care and education, including by:
(a) Prioritizing the provision of such care to children under the age of 3, with a view to ensuring that it is provided in a holistic manner that includes overall child development and the strengthening of parental capacity;
(b) Increasing the availability of early childhood care and education for all children, by providing free or affordable early childhood care, whether through State-run or private facilities;
(c) Ensure that all providers of early childhood care and education undergo compulsory registration and are supervised on the basis of specific criteria.”
(5 July 2007, CRC/C/URY/CO/2, Concluding observations on second report, paras. 47, 48, 57, 58 and 60)
“The Committee regrets the lack of information in relation to the situation of children with disabilities and is concerned that the resources available for these children are inadequate, in particular in order to ensure their access to education.
“The Committee recommends that the State party, taking into account general comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9):
a) ensure implementation of the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 20 December 1993;
b) sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol;
c) pursue efforts to ensure that children with disabilities may exercise their right to education, health, recreation and cultural development to the maximum extent possible. Furthermore, measures should be taken to ensure practical access to buildings and installations....
“The Committee ... is concerned at the relatively high dropout rates, in particular among children living in poverty, boys and Afro-descendants....
“The Committee recommends that the State party: ...
c) undertake affirmative action to improve equal access to education, in particular for children belonging to vulnerable groups, including children living in poverty, boys, Afro-descendants and children in rural areas;
d) compile statistics disaggregated by urban/rural areas, ethnicity and sex in order to monitor repetition and dropout rates as well as the impact of the measures undertaken to combat these problems;
e) effectively monitor discrimination against female students who are expelled due to pregnancy and sanction those responsible within the educational system.....
“The Committee recommends that the State party: ...
b) ensure that refugee, asylum-seeking and migrant children ... be guaranteed access to health services and education while in the territory of the State party....
Uzbekistan
(27 October 2022 CRC/C/UZB/CO/5, Advanced Unedited Version, Concluding observations on the fifth periodic report, paras. 20, 28, 32, 36 and 43.) - 91st Session
“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: respect for the views of the child, violence against children), children deprived of a family environment, children with disabilities and education (para. 43).”
“The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.”
(2 June 2006, CRC/C/UZB/CO/2, Concluding observations on second report, paras. 46, 47, 57 and 58) - 42nd Session
“The Committee is concerned that children with disabilities remain disadvantaged in the enjoyment of their rights guaranteed by the Convention, and are not fully integrated into the education system as well as into recreational or cultural activities.
“The Committee recommends that the State party:
a) review all policies affecting children with disabilities to ensure they meet the needs of children with disabilities and are in accordance with the Convention and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities adopted by the United Nations General Assembly on 20 December 1993 (A/RES/48/96);
b) ensure that children with disabilities may exercise their rights to education and facilitate their inclusion in the mainstream education system;
c) increase the human and financial resources allocated to mainstream education and services for children with disabilities, and when necessary, increase the human and financial resources allocated to special education for children with disabilities....
“The Committee is also concerned at information that refugee children may have difficult access to free primary education and that they find it difficult to attend secondary school, as they are required to pay fees as foreigners.
“The Committee recommends that the State party, taking into account the Committee’s general comment No. 1 on the aims of education (2001), undertake all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented. In particular, the State party should:
a) ensure that primary education is free and accessible to all children, taking also into account the Dakar Framework for Action (2000);
d) ensure that refugee children have access to free primary education and facilitate access to secondary education....”
V
Vanuatu
(29 September 2017, CRC/C/VUT/2-4, Concluding observations on the second to fourth periodic reports, paras. 20, 34, 35, 46 and 47) - 76th session
“The Committee recommends that the State party take more active measures to end all forms of discrimination against children, with special attention to discrimination against girls and children with disabilities.”
“The Committee notes the ongoing consultation process on the inclusive disability policy and the drafting of the Disability Bill, the appointment of the Disability Desk Officer and the Inclusive Education Policy and Strategic Plan (2010-2020). However, the Committee is concerned at:
(a) The absence of a stand-alone law or a comprehensive policy for the protection and promotion of children with disabilities;
(b) Stigmatisation of children with disabilities due to societal and cultural attitudes;
(c) Limited access to inclusive education and the lack of well-trained specialised teachers, and limited access to transportation, public spaces and service delivery in all areas, especially in rural schools and communities;
(d) Limited access to rehabilitation, early identification and referral programmes as well as limited funding and technical support to service providers, and to families of children with disabilities.”
With reference to the general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, set up a comprehensive strategy for the inclusion of children with disabilities and:
(a) Strengthen the legislative framework by adopting the Disability Bill and implementing the Vanuatu National Disability Inclusive Development Policy 2016- 2025;
(b) Develop and support community campaigns and programmes to address discrimination and stigma against children with disabilities and create awareness of early detection and interventions;
(c) Provide sufficient number of specialist teachers and professionals providing individual support in all schools and ensure that professionals are adequately trained so that children with all kinds of disabilities can effectively enjoy their right to quality inclusive education, including through international cooperation;
(d) Improve access to all public buildings, spaces, service delivery and transportation in all areas, especially in rural communities;
(e) Expand community based rehabilitation, early identification and referral programmes for children with disabilities and provide the necessary human technical and financial support to service providers and families of children with disabilities.”
“The Committee notes the enactment and adoption of various policies and laws, including the Education Act (2014), Inclusive Education Policy and Strategic Plan (2010- 2020), the Early Childhood Care and Education Policy 2017-2021 and the accompanying Minimum Quality Service Standards 2017, and the Vanuatu National Language Policy 2012, as well as increased enrolment rates in the recent years. However, the Committee is concerned at:
(a) Education not being compulsory;
(b) Low enrolment rates in early childhood education and secondary level education, despite the recent increase;
(c) Gender gaps at the primary and secondary school level with a lower enrolment of boys;
(d) Reports of over-aged children entering first level of primary school;
(e) Disparities in the quality and access to education in urban/remote areas, including the lack of sufficient boarding facilities for students, girls in particular.”
“With reference to the general comment No. 1 (2001) on the aims of education and taking note of target 4.5 of the Sustainable Development Goals on eliminating gender disparities in education and ensuring equal access to all levels of education and vocational training for the children in vulnerable situation, including persons with disabilities, the Committee recommends that the State party:
(a) Make primary education free and compulsory;
(b) Implement the recommendations of the National Children’s Policy (2007-2014) review, in particular by increasing the number of certified teachers and increasing funding for education;
(c) Continue with measures to increase enrolment at the early childhood education and secondary school level;
(d) Analyse root causes for the lower enrolment of boys into primary and secondary schools and implement appropriate actions to remedy it;
(e) Put in place accelerated programmes and facilitate access to non-formal education programmes, for over-age children that are out-of-school and yet to complete primary level.
(f) Take measures to ensure equal access to quality education in all provinces, in particular in remote areas, also by establishing more boarding facilities for students, girls in particular;
(g) Develop a monitoring mechanism to ensure early childhood centers implement the standards and have indicators for improvement.”
Venezuela
(3rd November 2014, CRC/C/OPAC/VEN/CO/1, Concluding observations on the report submitted by the Bolivarian Republic of Venezuela under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, paras 16, 17, 18 and 19) - 67th Session
“The Committee is deeply concerned about the absence of disaggregated data provided by the State party in relation to the implementation of the Optional Protocol owing to the lack of a central data collection system on children’s rights that also includes data on the Optional Protocol.”
“The Committee urges the State party to include in the central data collection system (SIENNA) data on, inter alia:
(a) Children, including refugee and asylum-seeking children, who may have been recruited or used in hostilities in the territory of the State party and/or abroad. Information on the time, total duration and form of recruitment and/or use of the child should also be included;
(b) Children benefiting from physical and psychological recovery and social reintegration programmes.
All data should be disaggregated by, inter alia, sex, age, nationality, ethnic origin and socioeconomic background.”
“The Committee notes the information provided by the State party that non-State armed groups are not present on its territory. It is, however, deeply concerned about numerous and consistent reports that children, including girls, have been recruited and/or used by non-State armed groups from a neighbouring State in border areas.”
“The Committee reminds the State party of its obligations under the Optional Protocol to take all necessary measures to prevent effectively the recruitment or use of children by non-State armed groups, in particular refugee, asylum-seeking and indigenous children, as well as those living in poverty or rural areas. In that regard, the Committee urges the State party:
(a) To take any legal, administrative or institutional measures necessary to prevent recruitment of children and to protect them from violence by non-State armed groups. The root causes for recruitment, such as poverty and discrimination, and the particular needs of girls victims must be taken into consideration when designing these measures;
(b) To establish appropriate mechanisms to identify children at risk of being recruited or of being used by non-State armed groups, including children living in poverty and/or in remote or rural areas, as well as refugee, asylum-seeking, indigenous, Afro-descendant and migrant children;
(c) To develop awareness-raising and educational programmes on the negative consequences of participating in armed conflicts, targeting children, parents, teachers and any other relevant stakeholder in border areas.”
(3rd November 2014, CRC/C/OPSC/VEN/CO/1, Concluding observations on the report submitted by the Bolivarian Republic of Venezuela under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, paras 21, 22, 23 and 24) - 67th Session
“The Committee notes the significant initiatives undertaken by the State party to reduce poverty and exclusion, which are some of the root causes leading to offences under the Optional Protocol. The Committee also notes the variety of training initiatives, awareness-raising activities and programmes aimed at preventing those offences, as well as the establishment of the Intersectoral Commission against Sexual Abuse and Exploitation in 2011. It is, however, concerned that:
(a) The State party has not made adequate efforts to properly identify and eliminate all root causes and risks, including the prevalence of discriminatory practices and attitudes, and violence, including gender-based violence, that have a negative impact on children;
(b) Children at risk have never been properly identified before prevention programmes have been designed;
(c) The State party has not presented any evaluation of the prevention programmes nor explained how they are articulated;
(d) Information on the composition of the Intersectoral Commission against Sexual Abuse and Exploitation, its functioning and results achieved to date is lacking.”
“The Committee recommends that the State party:
(a) Conduct a comprehensive study that addresses the relevant root causes and risk factors of offences under the Optional Protocol, including poverty, discrimination, violence – including gender-based violence – and absence of parental care;
(b) Undertake an evaluation of the programmes conducted during the period under review to prevent offences under the Optional Protocol and, building on the lessons learned and on the comprehensive study addressing the root causes, design and implement a consolidated prevention strategy. The strategy should be provided with adequate human, financial and technical resources, including those necessary to support and assist children at risk of becoming victims under the Optional Protocol;
(c) Increase efforts to eliminate discrimination on all grounds against children at risk and, in particular, organize educational programmes targeting relevant stakeholders in order to challenge discriminatory practices and stereotypical attitudes with regard to the role and responsibilities of women and girls in the family and in society;
(d) Strengthen the Intersectoral Commission against Abuse and Sexual Exploitation of Children, monitor its functioning and evaluate its accomplishments;
(e) Consider ratifying ILO Convention No. 189 (2011) concerning decent work for domestic workers.”
“The Committee is concerned about reports that indigenous children are involved in illegal gold mining, in slavery-like conditions, in the upper Orinoco and the Casiquiare and Guainia-Rio Negro basins, and that this may amount to sale of children. In that regard, it is particularly concerned that no case of sale of children has yet been registered by the State party. The Committee is also concerned about reports that those children are also victims of child prostitution and trafficking.”
“The Committee strongly urges the State party to investigate expeditiously all cases involving children working in illegal gold mining, to prosecute alleged perpetrators of crimes covered by the Optional Protocol, to punish those convicted with penalties commensurate with the gravity of the crime, to provide rehabilitation and protect and to compensate child victims.”
(13th October 2014, CRC/C/VEN/CO/3-5, Concluding observations on the combined third to fifth periodic reports, paras 27, 28, 29, 50, 51, 64 and 65) - 67th Session
“The Committee notes with satisfaction the adoption of the Law against Racial Discrimination, in 2011, and other laws aimed at protecting the rights of indigenous peoples. It also welcomes the adoption of the Education Act, in 2009, which includes a provision on non-discrimination. However, the Committee is concerned at reports that those legal advances have not been translated into greater protection of children from discrimination. It also regrets the lack of information on the measures taken to combat discrimination based on sex, sexual orientation, gender identity and disability, as well as against children living with HIV/AIDS. In that regard, the Committee is particularly concerned at the persistent patriarchal attitudes and gender stereotypes that discriminate against girls and the lack of adequate measures to address this situation. The Committee is also concerned at reports of cases of bullying and discrimination against children because of their sexual orientation or gender identity.”
“The Committee recommends that the State party undertake all necessary measures to:
(a) Translate the legal and political advances for combatting racial and ethnic discrimination into greater protection of children’s rights, and conduct an evaluation of the implementation of laws, policies and programmes, including indicators, to measure the achievements;
(b) Eliminate patriarchal attitudes and gender stereotypes that discriminate against girls, including through the implementation of educational and awareness-raising programmes;
(c) Prevent all forms of discrimination, including discrimination based on sexual orientation, gender identity and disability, and ensure, in law and in practice, that such discrimination is prohibited and adequately sanctioned;
(d) Establish an efficient complaints mechanism that tracks and addresses cases of discrimination in educational establishments, juvenile detention centres, alternative care institutions and any other setting.”
“The Committee reiterates its recommendation (CRC/C/VEN/CO/2, para. 63) that the State party ensure that all forms of discrimination against children living with HIV/AIDS are eliminated.”
“The Committee welcomes the various initiatives taken to address the specific needs of children with disabilities, in particular in the areas of health and education. However, it regrets the absence of information on a comprehensive strategy to ensure coherency among all the initiatives and the full protection of the rights of children with disabilities. The Committee is also concerned about the lack of disaggregated data in this area. It is further concerned at reports that a large percentage of children with disabilities do not attend school, in particular in rural areas, and that there are no special programmes to ensure future employment opportunities for adolescents with disabilities.”
“In the light of article 23 of the Convention and of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party to adopt a human rights-based approach to disability, and specifically recommends that the State party:
(a) Collect disaggregated data on the situation of children with disabilities;
(b) Adopt a comprehensive strategy to address the specific needs of children with disabilities in all areas, in particular in education, health, accessibility, recreation and access to culture, future employment opportunities and participation. The strategy should include indicators, expected results, budget allocation and a monitoring mechanism;
(c) The Committee also reiterates its recommendation (CRC/C/VEN/CO/2, para. 57 (a) and (d)) that the State party ensure that all children with disabilities receive education; encourage the inclusion of children with disabilities in regular schools; and make greater efforts to provide the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parent support groups.”
“The Committee notes the progress made by the State party in ensuring the right to education for children and adolescents, including the adoption of the 2009 Law on Education, the expansion and consolidation of school enrolment, including preschool education, and the increase in the number of schools and teachers. However, the Committee remains deeply concerned about:
(a) The persistent challenges for children from rural areas, indigenous and afro-descendant children, as well as refugee and asylum-seeking children in accessing quality education;
(b) The high incidence of adolescent mothers not attending school;
(c) The military approach which permeates the educational programmes of regular schools (See CRC/C/OPAC/VEN/1, paras. 22 and 23).”
“In the light of its general comment No. 1 (2001) on the aims of education, the Committee reiterates its previous recommendations (CRC/C/VEN/CO/2, para. 67) and recommends that the State party:
(a) Undertake all necessary measures to ensure school enrolment and prevent dropout of children in rural areas, indigenous and Afro-descendant children, children with disabilities, as well as pregnant girls and adolescent mothers;
(b) Facilitate the enrolment of refugee and asylum-seeking children by removing administrative obstacles to their inclusion in the educational system;
(c) Promote the quality of education through the reform of curricula and the introduction of instruction and teaching methods which stimulate the active participation of children;
(d) Strengthen its efforts to provide quality training to teachers;
(e) Include human rights education in the curriculum at all levels;
(f) Ensure that the military approach is eliminated from the curricula of regular schools;
(g) Provide vocational education and training.”
(5 October 2007, CRC/C/VEN/CO/2 Unedited version, Concluding observations on second report, paras. 56, 57, 66 and 67)
“... The Committee is concerned at the lack of data on the number of children with disability that are current receiving educational services in the regular educational system....
“The Committee recommends that the State party, taking into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9):
a) ensure that all children with disabilities receive education, and encourage the inclusion of children with disabilities in regular schools;
b) implement the Standard Rules for Equalizing the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993; ...
e) sign and ratify the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol.
“... The Committee remains concerned however that: ...
c) enrolment rates of indigenous, afro descendants and children living in rural areas are low;
d) refugee and asylum-seeking children are hindered to continue their education through bureaucratic obstacles....
“The Committee recommends that the State party:
a) strengthen efforts to increase enrolment in preschool care and education facilities and in the higher grades of primary schools as well as in secondary schools, in particular in the rural and remote border areas and with respect to indigenous children;
b) facilitate the enrolment of refugee and asylum-seeking children by removing administrative obstacles to their inclusion in the educational system on an adequate grade level and ensure full implementation of their right to education....”
Viet Nam
(22 August 2012, CRC/C/VNM/CO/3-4, Concluding observations: Viet Nam, paras. 55 and 56)
“The Committee notes the State party’s intent to ratify the Convention on the Rights of Persons with Disabilities. However, the Committee is highly concerned about the alarmingly disadvantaged position of children with disabilities with regard to their right to education, whereby 52 per cent of children with disabilities have no access to school, and the vast majority do not finish primary school. The Committee further notes with concern the lack of teachers trained to teach children with learning or developmental delays and the lack of adequate teaching equipment and materials, as well as the regional disparities in the provision of specialist teachers in schools. The Committee is moreover concerned that the barriers preventing children with disabilities from exercising their rights are regarded as a consequence of their disability, rather than an issue arising from the social and economic structure of the society that impedes their social inclusion, resulting also in a high rate of institutionalization of children with disabilities.
“The Committee recommends that the State party:
(a) Expeditiously undertake the ratification of the Convention on the Rights of Persons with Disabilities to provide legal protection for children with disabilities;
(b) Review existing policies and program me s to develop a rights-based approach in relation to children with disabilities, and effectively implement inclusive education and free-tuition policies in order to further facilitate children with disabilities in having access to school;
(c) Provide all schools with sufficient numbers of teachers who have skills in inclusive education so that all children with disabilities can enjoy access to high-quality inclusive education, with a particular focus on children with disabilities living in rural areas;
(d) Raise public awareness, and include children with disabilities in these awareness-raising and social - change interventions, to address widespread stigma and discrimination. In addition, reduce the trend to institutionalize children with disabilities and seek community-based child care solutions;
(e) Take into account the Committee’s general comment No. 9 (2006) on the rights of children with disabilities in this respect.”
(18 March 2003, CRC/C/15/Add.200, Concluding observations on second report, paras. 22, 23, 24, 43, 44, 47 and 48)
“... the lower level of development indicators for ethnic minorities appears to indicate the existence of some level of societal and institutional discrimination, specifically with regard to their access to health and education.
“The Committee recommends that the State party: ...
b) strengthen efforts to eliminate disparities in the accessibility and quality of health care and education between regions and ethnic minorities....
“The Committee requests that specific information be included, in the next periodic report, on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Durban Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in 2001, and that account should be taken of General Comment No. 1 on article 29, paragraph 1, of the Convention (aims of education).
“The Committee is very concerned at the high proportion of children with disabilities who that do not attend school, do not have access to vocational training or preparation for employment and have limited access to rehabilitation services, particularly in rural areas.
“The Committee recommends that the State party, in accordance with the recommendations arising from the Committee’s 1997 day of general discussion on children with disabilities, and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96):
a) undertake a comprehensive survey of the number of children with disabilities, including those currently not attending school, in order to assess their educational and vocational training needs, and their access to rehabilitation and other social services; ...
c) expand existing programmes aimed at improving the physical access of children with disabilities to public buildings and areas, including schools and recreational facilities, and increase the number of integrated education programmes at pre-primary, primary, secondary and tertiary levels.
“While noting the State party’s efforts to achieve universal enrolment at primary school level, the Committee is concerned that there are significant gaps in access to and quality of education between urban and rural or mountainous regions.... In addition, the Committee is concerned at the low enrolment rates in pre-primary education, the high number of repeaters of the first grade and the significant disparity in enrolment in nursery schools between boys and girls.
“The Committee recommends that the State party:
a) take all appropriate measures to increase enrolment in pre-primary education, in particular for girls and in rural areas, and ensure the right to quality, free primary education for all children; ...
c) recruit and train a greater number of teachers from all ethnic minority groups, and continue to provide incentives to teachers working in remote and mountainous regions;
d) prioritize rural areas and remote and mountainous regions in existing programmes to improve the quality of teaching and the curriculum, and in the construction and development of school infrastructure.”
Y
Yemen
(25 February 2014, CRC/C/YEM/4, Concluding observations on the fourth periodic report, paras. 29, 30, 53, 54, 69, 70, 71, 72) - 65th Session
The Committee is concerned at the persistence of discriminatory social attitudes against categories of children in marginalized and disadvantaged situations, including children known as Muhamasheen children, children born out of wedlock and children with disabilities, all of which have a negative impact on the enjoyment of their rights. It is deeply concerned at discrimination against girls from the earliest stages of their life and through their childhood owing to the persistence of traditional attitudes and norms by which girls are perceived as inferior to boys.
The Committee recommends that the State party:
(a) Adopt and implement a comprehensive strategy addressing all forms of discrimination, including multiple forms of discrimination against all categories of children in marginalized and disadvantaged situations, and implement it in collaboration with a wide range of stakeholders and by involving all sectors of society so as to facilitate social and cultural change;
(b) Ensure that children who are in marginalized and in disadvantaged situations, such as children known as Muhamasheen children, children born out of wedlock and children with disabilities, have access to basic services and enjoy their rights under the Convention;
(c) Take all the necessary measures to eliminate societal discrimination against women and girls by using public educational programmes, including campaigns organized in cooperation with opinion leaders, families and the media.
The Committee notes the efforts of the State party to ensure the rights of children with disabilities through services provided by the Disability Fund for Care and Rehabilitation and the Social Fund for Development. However, it remains concerned about the lack of accurate disaggregated statistical data on children with disabilities. It is also concerned about the lack of information on the extent and quality of services provided to children with disabilities, their actual access to health care, integration and rehabilitation services, education and measures in place to ensure accessibility to public buildings and public transportation.
The Committee recommends that the State party adopt the draft national strategy for disabilities and ensure that it includes a child rights-based approach to disability, in the light of article 23 of the Convention and the Committee’s general comment No. 9 (2006) on the rights of children with disabilities. In line with its previous concluding observations (CRC/C/15/Add.267, para. 54), the Committee recommends that the State party:
(a) Assess the overall situation of children with disabilities and the extent and quality of services provided by the Disability Fund for Care and Rehabilitation and the Social Fund for Development to children with disabilities;
(b) Allocate adequate human, technical and financial resources to support their families and ensure the enjoyment of their rights;
(c) Take the necessary measures to ensure accessibility for children with disabilities in public buildings and on public transport.
The Committee notes the efforts of the State party in the field of education during the reporting period. However, it remains concerned at:
(a) The low quality of education;
(b) The lack of adequate school infrastructure, in particular the lack of sanitation facilities in most schools;
(c) Reports indicating that school fees are charged in some public schools, despite the provisions in law stating that basic education is free;
(d) Significant disparities in the enrolment rates of girls to basic education among the governorates of the State party and the gender gap in school-enrolment rates;
(e) The persistence of traditional attitudes and beliefs that girls should not be educated, in particular in rural areas, child marriage and the low number of female teachers, all of which contribute to the high rates of girls dropping out of school;
(f) The widening gap between the rate of enrolment in school of children with disabilities and children known as Muhamasheen children and the overall nationwide rates;
(g) The limited number of schools offering vocational and technical education.
The Committee recommends that the State party:
(a) Increase the resources allocated to the education sector in order to expand, build and reconstruct adequate school facilities throughout the State party, and create an inclusive educational system that welcomes all children, including children with disabilities and children in marginalized or disadvantaged situations;
(b) Increase funding for the education of children living in the poorest areas and conflict-affected and remote districts, so as to ensure equal access to education for all children, including those in the most vulnerable and disadvantaged situations;
(c) Take the necessary measures to comply with its national legislation so as to ensure free basic education for children;
(d) Take active measures to promote the right of girls to education through social mobilization campaigns, with the aim of changing attitudes to girls’ education, increase the number of adequately trained female teachers and ensure the safety of those teachers;
(e) Promote quality education by revising curricula, using interactive learning methods, employing trained teachers and incorporating vocational and technical education;
(f) Take into account general comment No. 1 (2001) on the aims of education.
The Committee expresses its serious concern at attacks on schools facilities and their occupation by the Armed Forces or non-State armed groups involved in the conflict, which have led to the partial or total destruction of certain school facilities and their closure since 2011. It is concerned that the State party authorities have used schools to provide shelter to internally displaced persons, a situation which has prevented children enrolled in those schools to continue their education.
The Committee urges the State party to use all the necessary means to protect schools, teachers, and children from attacks, and include communities and in particular parents and children in the development of measures to better protect schools.
(21 September 2005, CRC/C/15/Add.267, Concluding observations on third report, paras. 33, 53, 54, 63 and 64)
“The Committee recommends that the State party: ...
d) train school teachers, media and members of the legal profession, particularly the judiciary, to be gender-sensitive....
“While acknowledging the efforts made by the State party, the Committee remains concerned at the numerous problems faced by children with disabilities. It is particularly concerned at the lack of: ...
c) integration of children with disabilities into the regular schooling system.
“The Committee recommends that the State party: ...
c) review the situation of children with disabilities, in terms of their access to employment, education, housing and health-care facilities, and allocate adequate resources to strengthen services for children with disabilities, support their families and provide training for professionals in this field;
d) formulate a strategy, one which includes appropriate teacher training, to ensure that all children with disabilities have access to education, and whenever possible they are integrated into the mainstream education system; ...
f) take note of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s recommendations adopted at its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339)....
“The Committee ... remains deeply concerned that: ...
b) the level of illiteracy of women is high; ...
f) negative stereotypes of girls remain in school curricula....
“The Committee recommends that the State party: ...
c) continue its efforts to ensure that all children have equal access to educational opportunities with a view to eliminating the prevailing disparities between girls and boys as well as in urban and rural areas; ...
e) taking into account the Committee’s general comment No. 1 (2001) on the aims of education, strengthen its efforts to include human rights education in school curricula at all levels, particularly with respect to the development of and respect for human rights, tolerance and equality of the sexes and ethnic minorities....”
Z
Zambia
(14th March 2016, CRC/C/ZMB/CO/2-4, Concluding observations on the combined second to fourth periodic reports, paras 25, 26, 45, 46, 53, 54, 59 and 60) - 71st Session
“The Committee notes with appreciation that some progressive provisions on non-discrimination in relation to children have been included in the new Constitution. However, the Committee is concerned that the principle of non-discrimination, particularly in relation to access to health, education services, discriminatory social and cultural practices, customary marriage disputes and inheritance, is not adequately implemented with respect to children belonging to the most vulnerable groups, such as girls, children with disabilities, children belonging to religious minorities, children living with HIV/AIDS, migrant and refugee children, orphans and children born out of wedlock.”
“The Committee recommends that the State party ensure equal access to education, basic health care and other welfare services for all children. It also recommends that the State party intensify its efforts to eliminate discrimination against the most vulnerable groups of children, such as girls, children with disabilities, children belonging to religious minorities, children living with HIV/AIDS, migrant and refugee children, orphans and children born out of wedlock. It also recommends that the State party continue prioritizing the support for vulnerable children and youth in the next National Development Plan.”
“The Committee notes as positive the ratification of the Convention on the Rights of Persons with Disabilities in 2010, the adoption of the Persons with Disabilities Act No. 6 of 2012 and the adoption of the National Policy on Disability. However, it is concerned that:
(a) The legislation and the policy are not fully enforced, and the State party still needs to develop and implement a national plan of action;
(b) Insufficient measures have been adopted to ensure that children with disabilities fully enjoy their rights, in particular to health and education;
(c) There is a lack of comprehensive data on children with disabilities;
(d) Children with disabilities suffer from a high level of stigmatization;
(e) There is an inadequate number of specialized teachers and a limited number of school facilities and materials adapted for these children, as well as services and infrastructure to ensure that education is fully inclusive.”
“In the light of its general comment No. 9 (2006) on the rights of children with disabilities, the Committee recommends that the State party:
(a) Take all necessary measures to ensure the effective implementation of the existing legislation and take all necessary measures for the development and implementation of the national plan of action;
(b) Ensure that children with disabilities have access to inclusive early childhood care and education, early development programmes, health care and other services, and ensure such services receive adequate human, technical and financial resources;
(c) Collect and analyse data on the situation of all children with disabilities, disaggregated by, among other things, age, sex, type of disability, ethnic and national origin and geographic location;
(d) Develop and conduct awareness-raising activities with a view to changing the societal misconceptions about children with disabilities and eliminating stigmatization;
(e) Monitor and evaluate activities on targeting prevention of disability;
(f) Provide training for professional staff working with children with disabilities, such as teachers, medical, paramedical and related personnel and social workers, in order to understand the needs of children with disabilities;
(g) Ensure that education is fully inclusive and allocate appropriate human, technical and financial resources for fully inclusive education of children with disabilities;
(h) Ensure the participation of children with disabilities and their families in policy and programme planning, monitoring and evaluation.
”“The Committee welcomes the Education Act (2011) and efforts through policies and programmes such as the Free Basic Education Policy and the Early Childhood Care, Development and Education Policy, and the progress made in the enrolment, retention and progression of girls at the primary school level. However, the Committee is concerned at the following:
(a) The reported collection of general purpose funds and other fees and school charges through the parents/teachers associations, poor school infrastructure, lack of hygiene and long distances to schools, insufficiently trained teachers and inadequate budget allocation for education;
(b) Girls dropping out of school due to early marriage, teenage pregnancy, discriminatory traditional and cultural practices and poverty, especially in rural areas;
(c) Reported sexual abuse in schools by teachers;
(d) Lack of recreational activities organized for children during school time and the lack of leisure and playground spaces freely available to children.”
“The Committee recommends that the State party:
(a) Fully implement the Education Act and all the education-related policies and allocate adequate financial, technical and human resources for their implementation;
(b) Ensure that primary education is free of charge in practice and free of other, additional costs in order to facilitate the participation of all children in primary education and monitor parents/teachers associations to ensure that no fees are imposed on children to attend school;
(c) Expand teacher training activities and ensure that all teachers undergo continuous and intensive in-service training and periodic evaluation, with particular emphasis on rural areas, and invest sufficient resources to provide adequate school facilities, sanitation, materials and salaries;
(d) Take steps to overcome discriminatory traditional attitudes that can constitute obstacles to girls’ education, address the drop-out and retention rates of girls and reinforce readmission policy for pregnant girls, particularly in rural areas;
(e) Take appropriate measures to address any charges of sexual abuse in schools and prosecute perpetrators;
(f) Encourage the participation of children at all levels of the educational system;
(g) Organize sports activities as part of the regular curricula, in accordance with the Committee’s general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, and ensure that children, girls in particular, have time for leisure and play, as well as free access to playground spaces;
(h) Collect statistical data on the enrolment and completion rate of the relevant age groups in pre-primary, primary and secondary schools, the number of dropouts and repetitions and the teacher-to-pupil ratio, all disaggregated by sex and age.”
“The Committee notes with appreciation that the State party revised its National Youth Policy and National Child Policy to improve the well-being of children, provided training for the police officers and established rehabilitation children’s centres in Lusaka and Copperbelt Province. However, the Committee remains concerned at the limited access of children in street situations to health, education and other basic social services and their vulnerability to abuse and exploitation. It is also concerned about the lack of reliable data on children in street situations.”
“The Committee reiterates that the State party:
(a) Take all effective measures to ensure that children in street situations are provided with adequate food, clothing, housing, health care and educational opportunities, including vocational and life skills training, to support their full development…”
(2 July 2003, CRC/C/15/Add.206, Concluding observations on initial report, paras. 52, 53, 56, 57 and 58)
“The Committee is concerned at ... the limited facilities and services for children with disabilities and at the limited number of trained teachers to work with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion into the educational system and generally within society. The Committee also notes with concern that inadequate resources have been allocated to special education programmes for children with disabilities.
“In light of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the recommendations adopted by the Committee at its day of general discussion on the rights of children with disabilities (CRC/C/69), it is recommended that the State party: ...
d) establish special education programmes for disabled children and include them in the regular school system to the extent possible; ...
g) seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, WHO.
“The Committee notes the adoption of the National Policy on Education (1996), the Basic Education Subsector of the Education Programme, the Zambian Education Capacity-Building Programme, and the Programme for the Advancement of Girl Child Education.... The Committee is also concerned at the decreasing budget allocation to education, gender and regional disparities in enrolment in schools, absenteeism, the high drop-out (especially among girls) and repeat rates, the poor quality of education, the insufficient number of trained teachers, insufficient schools and classrooms, the lack of relevant learning material and the limited access to pre-school education, notably in rural areas....
“The Committee recommends that the State party: ...
b) progressively ensure that girls and boys, as well as children from urban, rural and least developed areas, have equal access to educational opportunities;
c) take the necessary measures to improve the quality of education and to improve internal efficiency in the management of education, notably by decreasing the drop-out rate, especially for girls....
“The Committee ... remains concerned about the difficult situation encountered by child refugees and their families, e.g. in the areas of health care and education.”
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