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Convention on the Rights of the Child - General Guidelines Regarding Reports (UN document CRC/C/58)

Adopted by the Committee at its 343rd meeting,

11 October 1996

TABLE OF CONTENTS

INTRODUCTION

I.  GENERAL MEASURES OF IMPLEMENTATION
    (art. 4, 42 and 44, para 6, of the Convention).

II.  DEFINITION OF THE CHILD (art. 1)

III.  GENERAL PRINCIPLES
A.  Non-discrimination (art.2)
B.  Best interests of the child (art.3)
C.  The right to life, survival and development (art.6)
D.  Respect for the views of the child (art. 12)

IV.  CIVIL RIGHTS AND FREEDOMS (art. 7, 8, 13 to 17 and 37 a))
A.  Name and nationality (art. 7)
B.  Preservation of identity (art. 8)
C.  Freedom of expression (art. 13)
D.  Freedom of thought, conscience and religion (art. 14)
E.  Freedom of association and peaceful assembly (art. 15)
F.  Protection of privacy (art. 16)
G.  Access to appropriate information (art. 17)
H.  The right not to be subjected to torture or other cruel, inhuman or degrading
      treatment or punishment (art. 37 a))

V.  FAMILY ENVIRONMENT AND ALTERNATIVE CARE
      (art. 5; 18, paras. 1 and 2; 9 to 11; 19 to 21; 25; 27, para. 4; 39)
A.  Parental guidance (art. 5)
B.  Parental responsibilities (art. 18, paras. 1 and 2)
C.  Separation from parents (art. 9)
D.  Family reunification (art. 10)
E.  Illicit transfer and non-return (art. 11)
F.  Recovery of maintenance for the child (art. 27, para. 4)
G.  Children deprived of their family environment (art. 20)
H.  Adoption (art. 21)
I.   Periodic review of placement (art. 25)
J.   Abuse and neglect (art. 19), including physical and psychological recovery and       social reintegration (art. 39)

VI.  BASIC HEALTH AND WELFARE (art. 6; 18, paras. 3; 23; 24; 26;
      27, paras. 1 to 3)
A.  Disabled children (art. 23)
B.  Health and health services (art. 24)
C.  Social security and child care services and facilities
       (art. 26 and para. 3 of article 18)
D.  Standard of living (paras. 1 to 3 of article 27)

VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
      (art. 28, 29, 31)
A.  Education, including vocational training and guidance (art. 28)
B.  Aims of education (art. 29)
C.  Leisure, recreation and cultural activities (art. 31)

VIII.  SPECIAL PROTECTION MEASURES
      (art. 22, 38, 39, 40, 37 b), c) and d), 32 to 36)
A.  Children in situations of emergency
1.  Refugee children (art. 22)
2.  Children in armed conflicts (art. 38),including physical
    and psychological recovery and social reintegration (art. 39)
B.  Children involved with the system of administrationn of juvenile justice
1.  Administration of juvenile justice (art. 40)
2.  Children deprived of their liberty, including any form of       detention, imprisonment or placement in custodial settings       (art. 37, b) to d))
3.  The sentencing of children, with particular reference to the       prohibition of capital punishment and life imprisonment       (art. 37 a))
4.  Physical and psychological recovery and social       reintegration of the child (art. 39)

C.  Children in situations of exploitation, including physical and psychological recovery       and social reintegration.
1.  Economic exploitation of children, including child labour (art. 32)
2.  Drug abuse (art. 33)
3.  Sexual exploitation and sexual abuse (art. 34)
4.  Sale, trafficking and abduction (art. 35)
5.  Other forms of exploitation (art. 36)

D.  Children belonging to a minority or an indigenous group (art. 30)

COMMITTEE ON THE RIGHTS OF THE CHILD



GENERAL GUIDELINES REGARDING THE FORM AND CONTENTS OF PERIODIC REPORTS TO BE SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44, PARAGRAPH 1 (b), OF THE CONVENTION

Adopted by the Committee at its 343rd meeting
(thirteenth session) on 11 October 1996

Introduction

1. Pursuant to article 44, paragraph 1 of the Convention on the Rights of the Child, States parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the implementation of the Convention:

(a) Within two years of the entry into force of the Convention for the State party concerned;

(b) Thereafter every five years.

Reports should provide information on the measures adopted by the State party to give effect to the rights set forth in the Convention and on the progress made in the enjoyment of those rights and should indicate the factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the Convention.  The Committee, in providing these guidelines, wishes to emphasize its supportive role in fostering effective implementation of the Convention and in encouraging international cooperation, as called for in article 45.  Reports should also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

2. The Committee may, in the light of article 44, paragraph 4 of the Convention, request from States parties further information relevant to the implementation of the Convention.

3. The Committee believes that the process of preparing a report for submission to the Committee provides an important opportunity to conduct a comprehensive review of the various measures undertaken to harmonize law and policy with the Convention and to monitor progress made in the enjoyment of the rights set forth in the Convention.  Such a process should encourage and facilitate popular participation and public scrutiny of government policies.

4. The Committee considers that the reporting process entails an ongoing reaffirmation by States parties of their commitment to respect and ensure observance of the rights enshrined in the Convention and serves as the essential vehicle for the establishment of a meaningful dialogue between the Committee and the States parties.

5. Periodic reports on the implementation of the Convention should provide information with respect to the period covered by the report on:

The measures adopted by the State party, including the conclusion of and accession to bilateral and multilateral agreements in the field of children's rights, and changes which have occurred in legislation and practice at the national, regional and local levels, and where appropriate at the federal and provincial levels, such as:

Mechanisms and structures to coordinate and monitor efforts to implement the Convention;

Overall or sectoral policies, programmes and services developed to implement the Convention.

The progress achieved in the enjoyment of children's rights;

The factors and difficulties encountered in the full implementation of the rights set forth in the Convention and on steps taken to overcome them;

The plans envisaged to improve further the realization of the rights of the child.

6. Periodic reports should include information on the consideration given to the concluding observations adopted by the Committee in relation to the previous report, including on:

The areas of concern identified by the Committee, as well as difficulties which may have affected the realization of such suggestions and recommendations;

The measures adopted as a follow-up to the suggestions and recommendations addressed by the Committee to the State party upon examination of its previous report.  Steps taken to implement should be identified in relation to each suggestion and recommendation and all relevant action taken should be specified including in relation to legislation, policy, mechanisms, structures and allocation of resources;

The difficulties which may have affected the realization of such suggestions and recommendations;

The steps taken to widely disseminate the previous report, as well as the concluding observations adopted by the Committee.

7. Reports should be accompanied by copies of the principal legislative texts and judicial decisions, as well as detailed statistical information, indicators referred to therein and relevant research.  This accompanying material will be made available to the members of the Committee.  Quantitative information should indicate variations between various areas of the country and within areas and between groups of children and include:

Changes in the status of children;

Variations by age, gender, region, rural/urban area, and social and ethnic group;

Changes in community systems serving children;

Changes in budget allocation and expenditure for sectors serving children;

Changes in the extent of international cooperation received or contributed for the realization of children's rights.

It should be noted, however, that for reasons of economy, these documents will not be translated or reproduced for general distribution.  It is desirable, therefore, that when a text is not actually quoted in or annexed to the report itself, the report should contain sufficient information to be clearly understood without reference to those texts.

8. IN THE LIGHT OF ARTICLE 44, PARAGRAPH 3, OF THE CONVENTION, WHEN A STATE PARTY HAS SUBMITTED A COMPREHENSIVE INITIAL REPORT TO THE COMMITTEE OR HAS PREVIOUSLY PROVIDED DETAILED INFORMATION TO THE COMMITTEE, IT NEED NOT REPEAT SUCH BASIC INFORMATION IN ITS SUBSEQUENT REPORTS.  IT SHOULD, HOWEVER, CLEARLY REFERENCE THE INFORMATION PREVIOUSLY TRANSMITTED, AND INDICATE THE CHANGES THAT HAVE OCCURRED DURING THE REPORTING PERIOD.

9. In the present guidelines the provisions of the Convention have been grouped in clusters with a view to assisting States parties in the preparation of their reports.  This approach reflects the Convention's holistic perspective of children's rights:  that they are indivisible and interrelated, and that equal importance should be attached to each and every right recognized therein.

10. Information provided in States parties' reports on the various sections identified by the Committee should closely follow the present guidelines with regard to content.


  I.  GENERAL MEASURES OF IMPLEMENTATION (arts. 4,
      42 and 44, paragraph 6 of the Convention)

SEE PARAGRAPH 8 ABOVE

11. In the spirit of the World Conference on Human Rights, which encouraged States to consider reviewing any reservation with a view to withdrawing it (see A/CONF.157/23, II, paras. 5 and 46), please indicate whether the Government considers it necessary to maintain the reservations it has made, if any, or has the intention of withdrawing them.

12. States parties are requested to provide relevant information pursuant to article 4 of the Convention, including information on the measures adopted to bring national legislation and practice into full conformity with the principles and provisions of the Convention, together with details of:

Any comprehensive review of the domestic legislation to ensure compliance with the Convention;

Any new laws or codes adopted, as well as amendments introduced into domestic legislation to ensure implementation of the Convention.

13. Please indicate the status of the Convention in domestic law:

With respect to recognition in the Constitution or other national legislation of the rights set forth in the Convention;

With respect to the possibility for the provisions of the Convention to be directly invoked before the courts and applied by the national authorities;

In the event of a conflict with national legislation.

14. In the light of article 41 of the Convention, please indicate any provisions of the national legislation which are more conducive to the realization of the rights of the child.

15. Please provide information on judicial decisions applying the principles and provisions of the Convention.

16. Please provide information on remedies available in cases of violation of the rights recognized by the Convention.

17. Please indicate any steps taken or envisaged to adopt a comprehensive national strategy for children in the framework of the Convention, such as a national plan of action on children's rights and relevant goals established.

18. Please provide information on existing or planned mechanisms at the national, regional and local levels, and when relevant at the federal and provincial levels, for ensuring implementation of the Convention, for coordinating policies relevant to children and for monitoring progress achieved, including information on:

The governmental departments competent in the areas covered by the Convention, the steps taken to ensure the effective coordination of their activities, as well as to monitor the progress made by them;

The steps taken to ensure effective coordination of activities between central, regional and local authorities, and where relevant between federal and provincial authorities;

Any governmental institutions created to promote the rights of the child and monitor implementation, and how they relate to non-governmental organizations;

Any independent body established to promote and protect the rights of the child, such as an Ombudsperson or a Commissioner;

The measures taken to ensure the systematic gathering of data on children and their fundamental rights and to assess existing trends at the national, regional and local levels, and where appropriate at the federal and provincial levels, as well as the steps taken to develop mechanisms for the identification and gathering of appropriate indicators, statistics, relevant research and other relevant information as a basis for policy-making in the field of children's rights;

The steps taken to ensure a periodic evaluation of progress in the implementation of the Convention at the national, regional and local levels, and where appropriate at the federal and provincial levels, including through the preparation of any periodic report by the Government to the Parliament.

19. Please indicate any initiatives taken in cooperation with the civil society (for example, professional groups, non-governmental organizations) and any mechanisms developed to evaluate progress achieved.

20. Using indicators or target figures where necessary, please indicate the measures undertaken to ensure the implementation at the national, regional and local levels, and where relevant at the federal and provincial levels, of the economic, social and cultural rights of children to the maximum extent of available resources, including:

The steps undertaken to ensure coordination between economic and social policies;

The proportion of the budget devoted to social expenditures for children, including health, welfare and education, at the central, regional and local levels, and where appropriate at the federal and provincial levels;

The budget trends over the period covered by the report;

Arrangements for budgetary analysis enabling the amount and proportion spent on children to be clearly identified;

The steps taken to ensure that all competent national, regional and local authorities are guided by the best interests of the child in their budgetary decisions and evaluate the priority given to children in their policy-making;

The measures taken to ensure that disparities between different regions and groups of children are bridged in relation to the provision of social services;

The measures taken to ensure that children, particularly those belonging to the most disadvantaged groups, are protected against the adverse effects of economic policies, including the reduction of budgetary allocations in the social sector.

21. Please indicate the extent to which international cooperation relevant to the State party is designed to foster the implementation of the Convention, including economic, social and cultural rights of children.  Please indicate the proportion of international aid at the multilateral and bilateral levels allocated to programmes for children and the promotion of their rights and, where appropriate, the assistance received from regional and international financial institutions.  Please also indicate the percentage of international cooperation contributed during the reporting period in the total government budget, as well as the percentages of such cooperation respectively allocated to the health sector, to the education sector, to the social sector and to other sectors.  Please further indicate any relevant measures adopted as a follow-up to the Declaration and Programme of Action of the World Summit for Social Development.

22. In addition, States are requested to describe the measures that have been taken or are foreseen, pursuant to article 42 of the Convention, to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.  In this regard, reports should also indicate:

The extent to which the Convention has been translated into the national, local, minority or indigenous languages.  In this connection, an indication should be given of the number of languages into which the Convention has been translated and the number of copies translated into the minority languages during the reporting period;

Whether the Convention has been translated and has been made available in the languages spoken by the larger refugee and immigrant groups in the country concerned;

The measures adopted to publicize the Convention and create widespread awareness of its principles and provisions.  In this connection, an indication should be given of the number of meetings (such as parliamentary or governmental conferences, workshops, seminars) held, the number of programmes broadcast on radio or television and the number of publications issued explaining the Convention on the Rights of the Child during the reporting period;

The specific steps taken to make the Convention widely known to children and the extent to which it has been reflected in the school curricula and considered in parents' education campaigns.  An indication should be given of the number of copies of the Convention distributed in the educational system and to the public at large during the reporting period;

The measures adopted to provide education on the Convention to public officials, as well as to train professional groups working with and for children, such as teachers, law enforcement officials, including police, immigration officers, judges, prosecutors, lawyers, defence forces, medical doctors, health workers and social workers;

The extent to which the principles and provisions of the Convention have been incorporated in professional training curricula and codes of conduct or regulations;

The steps taken to promote understanding of the principles and provisions of the Convention by the mass media and by information and publishing agencies;

The involvement of non-governmental organizations in awareness and advocacy campaigns on the Convention, as well as any support provided to them. In this connection, an indication should be given of the number of non-governmental organizations who participated in such events during the reporting period;

The participation of children in any of these activities.

23. States are also requested to describe the measures undertaken or foreseen, pursuant to article 44, paragraph 6, to make their reports widely available to the public at large in their own countries.  In this regard, please indicate:

The process of preparation of the present report, in particular the extent to which governmental departments, at the central, regional and local levels, and where appropriate, at the federal and provincial levels, participated, and non-governmental organizations were involved. An indication should also be given of the number of non-governmental organizations which participated in the preparation of the report;

The steps taken to publicize the report, to translate and disseminate it in the national, local, minority or indigenous languages. An indication should be given of the number of meetings (such as parliamentary and governmental conferences, workshops, seminars) held, the number of programmes broadcast on radio or television, the number of publications issued explaining the report and the number of non-governmental organizations which participated in such events during the reporting period;

The measures adopted or foreseen to ensure wide dissemination and consideration of the summary records and the concluding observations adopted by the Committee in relation to the State party's report, including any parliamentary hearing or media coverage.  Please indicate the events undertaken to publicize the concluding observations and summary records of the previous report, including the number of meetings (such as parliamentary or governmental conferences, workshops, seminars) held, the number of programmes broadcast on radio or television, the number of publications issued explaining the concluding observations and summary records, and the number of non-governmental organizations which participated in such events during the reporting period.

II.  DEFINITION OF THE CHILD (art. 1)

SEE PARAGRAPH 8 ABOVE

24. Under this section, States parties are requested to provide relevant information with respect to article 1 of the Convention, including on:

Any differences between national legislation and the Convention on the definition of the child;

The minimum legal age defined by the national legislation for the following:

Legal and medical counselling without parental consent;

Medical treatment or surgery without parental consent;

End of compulsory education;

Admission to employment or work, including hazardous work, part-time and full-time work;

Marriage;

Sexual consent;

Voluntary enlistment in the armed forces;

Conscription into the armed forces;

Participation in hostilities;

Criminal responsibility;

Deprivation of liberty, including by arrest, detention and imprisonment, inter alia in the areas of administration of justice, asylum-seeking and placement of children in welfare and health institutions;  

Capital punishment and life imprisonment;

Giving testimony in court, in civil and criminal cases;

Lodging complaints and seeking redress before a court or other relevant authority without parental consent;

Participating in administrative and judicial proceedings affecting the child;

Giving consent to change of identity, including change of name, modification of family relations, adoption, guardianship;

Having access to information concerning the biological family;

Legal capacity to inherit, to conduct property transactions;

To create or join associations;

Choosing a religion or attending religious school teaching;

Consumption of alcohol and other controlled substances;

How the minimum age for employment relates to the age of completion of compulsory schooling, how it affects the right of the child to education and how relevant international instruments are taken into account;

In cases where there is a difference in the legislation between girls and boys, including in relation to marriage and sexual consent, the extent to which article 2 of the Convention has been given consideration;

In cases where the criteria of puberty is used under criminal law, the extent to which this provision is differently applied to girls and boys, and whether the principles and provisions of the Convention are taken into consideration.

III.  GENERAL PRINCIPLES

SEE PARAGRAPH 8 ABOVE

A.  Non-discrimination (art. 2)

25. Reports should indicate whether the principle of non-discrimination is included as a binding principle in the Constitution or in domestic legislation specifically for children and whether all the possible grounds for discrimination spelled out in article 2 of the Convention are reflected in such legal provisions.  Reports should further indicate the measures adopted to ensure the rights set forth in the Convention to each child under the jurisdiction of the State without discrimination of any kind, including non-nationals, refugees and asylum-seekers.

26. Information should be provided on steps taken to ensure that discrimination is prevented and combated, both in law and practice, including discrimination on the basis of race, colour, sex, language, religion,

political or other opinion, national, ethnic or social origin, property, disability, birth or other status of the child, his/her parents or legal guardians.

27. Please indicate the specific measures adopted to reduce economic, social and geographical disparities, including between rural and urban areas, to prevent discrimination against the most disadvantaged groups of children, including children belonging to minorities or indigenous communities, disabled children, children born out of wedlock, children who are non-nationals, migrants, displaced, refugees or asylum-seekers, and children who are living and/or working on the streets.

28. Please provide information on the specific measures taken to eliminate discrimination against girls and when appropriate indicate measures adopted as a follow-up to the Fourth World Conference on Women.

29. Please indicate measures taken to collect disaggregated data for the various groups of children mentioned above.

30. What measures have been taken to prevent and eliminate attitudes to and prejudice against children contributing to social or ethnic tension, racism and xenophobia?

31. Information should also be provided on the measures pursuant to article 2, paragraph 2 taken to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions or beliefs of the child's parents, legal guardians or family members.

32. Please indicate major problems encountered in implementing the provisions of article 2 and plans to solve these problems, as well as any evaluation of progress in preventing and combating all forms of discrimination, including those arising from negative traditional practices.

B.  Best interests of the child (art. 3)

33. Reports should indicate whether the principle of the best interests of the child and the need for it to be a primary consideration in all actions concerning children is reflected in the Constitution and relevant national legislation and regulations.

34. Please provide information on the consideration given to this principle by courts of law, administrative authorities or legislative bodies, as well as by public or private social welfare agencies.

35. Please provide information on how the best interests of the child have been given primary consideration in family life, school life, social life and in areas such as:

Budgetary allocations, including at the central, regional and local levels, and where appropriate at the federal and provincial levels, and within governmental departments;

Planning and development policies, including housing, transport and environmental policies;

Adoption;

Immigration, asylum-seeking and refugee procedures;

The administration of juvenile justice;

The placement and care of children in institutions;

Social security.

36. Information should be included on the measures taken in the light of article 3, paragraph 2, including of a legislative and administrative nature, to ensure children such protection and care as is necessary for their well-being.

37. Information should also be provided on the steps taken pursuant to article 3, paragraph 3, to establish appropriate standards for all public and private institutions, services and facilities responsible for the care and protection of children and to ensure that they conform with such standards, particularly in the areas of safety, health, number and suitability of their staff, as well as competent supervision.  

38. In the light of the legislative and administrative measures taken to ensure the consideration of the best interests of the child, please indicate the main problems remaining in this respect.

39. Please indicate in what ways the principle of the best interests of the child is made part of the training of professionals dealing with children's rights.

C.  The right to life, survival and development (art. 6)

40. Please describe specific measures taken to guarantee the child's right to life and to create an environment conducive to ensuring to the maximum extent possible the survival and development of the child, including physical, mental, spiritual, moral, psychological and social development, in a manner compatible with human dignity, and to prepare the child for an individual life in a free society.

41. Information should also be provided on the measures taken to ensure the registration of the deaths of children, the causes of death and, where appropriate, investigation and reporting on such deaths, as well as on the measures adopted to prevent children's suicide and monitor its incidence and to ensure the survival of children at all ages, including adolescents, and the
prevention of risks to which that group may be particularly exposed (for example, sexually transmitted diseases, street violence).  Please provide relevant disaggregated data, including on the number of suicides among children.


D.  Respect for the views of the child (art. 12)

42. Reports should indicate how the right of the child to express views freely on all matters affecting him or her, and provision for those views to be given due weight have been incorporated in legislation.

43. Please provide information on legislative and other measures taken to ensure the right of the child to express views in a manner consistent with his or her evolving capacities, including in:

Family life

School life

The administration of juvenile justice

Placement and life in institutional and other forms of care

Asylum-seeking procedures.

44. Please indicate the opportunities provided for the child to be heard in judicial and administrative proceedings affecting him or her, as well as the situations in which the child can intervene directly or through a representative or an appropriate body (see also para. 34 above).

45. Please provide information on any bodies or instances where the child has a right to participate in decision-making, such as schools or local councils.

46. Please indicate what measures have been taken to raise the awareness of families and the public in general of the need to encourage children to exercise their right to express their views, and to train professionals working with children to encourage children to do so, and to give their views due weight.  An indication should be given of the number of hours of child development courses provided for the following staff:

Judges in general;

Family court judges;

Juvenile court judges;

Probation officers;

Police officers;

Prison officers;

Teachers;

Health workers;

Other professionals.
An indication should also be provided of the number of courses about the Convention included in the curriculum of:

Law schools;

Teachers training schools;

Medical schools and institutions;

Nursing schools;

Social work schools;

Psychology departments;

Sociology departments.

47. Please indicate how the views of the child obtained through public opinion, consultations and assessment of complaints are taken into consideration in the legal provisions, and in policy or judicial decisions.

IV.  CIVIL RIGHTS AND FREEDOMS (arts. 7, 8. 13-17 and 37 (a))

SEE PARAGRAPH 8 ABOVE

48. Under this section, States parties are requested to provide information on the measures adopted to ensure that the civil rights and freedoms of children set forth in the Convention, in particular those covered by articles 7, 8, 13 to 17 and 37 (a), are recognized by law specifically in relation to children and implemented in practice, including by administrative and judicial bodies, at the national, regional and local levels, and where appropriate at the federal and provincial levels.

A.  Name and nationality (art. 7)

49. Please indicate the measures taken or envisaged to ensure that every child is registered immediately after birth.  Please also indicate the steps undertaken to prevent the non-registration of children immediately after birth, including in view of possible social or cultural obstacles, inter alia in rural or remote areas, in relation to nomadic groups, displaced persons, as well as asylum-seeking and refugee children.

50. Please provide information on the measures taken to sensitize and mobilize public opinion on the need for birth registration of children, and to provide adequate training to registry personnel.

51. Please also provide information on the elements of the child's identity included in the birth registration and the measures adopted to prevent any kind of stigmatization or discrimination of the child.

52. Please indicate the measures adopted to ensure the child's right to know and be cared for by his or her parents.

53. Please provide information on the measures adopted pursuant to article 7, paragraph 2, to ensure the child's right to acquire a nationality, in particular where the child would otherwise be stateless.  Reference should also be made to the implementation of this right in relation to children born out of wedlock, and asylum-seeking and refugee children.  Please indicate the criteria applied for the acquisition of nationality and whether the child is allowed to acquire the nationality of both parents.

B.  Preservation of identity (art. 8)

54. Please indicate the measures adopted to preserve the child's identity and to prevent any unlawful interference.  In the case of the illegal deprivation of some or all of the elements of the child's identity, reports should also indicate the measures adopted to provide appropriate assistance and protection to the child and ensure the speedy re-establishment of his or her identity.

C.  Freedom of expression (art. 13)

55. Please provide information on the measures adopted to ensure the child's right to freedom of expression, including to seek, receive and impart information and ideas regardless of frontiers.  Reports should also indicate the restrictions to which the exercise of this right may be subject in conformity with article 13, paragraph 2.

D.  Freedom of thought, conscience and religion (art. 14)

56. Please provide information on the exercise of the right to freedom of thought, conscience and religion by children, and the extent to which the child's evolving capacities are taken into consideration.

57. Please indicate the measures adopted to ensure the child's freedom to manifest his or her religion or beliefs, including with regard to minorities or indigenous groups.  Information should also be provided on measures to ensure respect for the child's rights in relation to any religious teaching in public schools or institutions, as well as on any limitations to which this freedom may be subject in conformity with article 14, paragraph 3.

E.  Freedom of association and peaceful assembly (art. 15)

58. Please indicate the measures adopted to ensure the child's right to freedom of association and peaceful assembly, including any specific legislation enacted to establish the conditions under which children are allowed to create or join associations.  Please also indicate any restriction that may be placed on the exercise of these rights, in conformity with article 15, paragraph 2.  Information should also be provided on existing children's associations and the role they play in the promotion of children's rights.


F.  Protection of privacy (art. 16)

59. Please indicate the measures adopted to prevent any arbitrary or unlawful interference with the child's privacy, family, home or correspondence, as well as any attack on his or her honour and reputation. Please provide information on the protection provided by the law against such interference or attacks, and the remedies made available to the child. Information should also be provided on specific measures adopted for children placed in institutions for treatment, care or protection, including in judicial or administrative proceedings.

G.  Access to appropriate information (art. 17)

60. Please provide information on the measures adopted to ensure that children have access from a diversity of national and international sources to information and material aimed at the promotion of the child's social, spiritual and moral well-being and physical and mental health.  Please also indicate the measures adopted to encourage:

The production and dissemination of children's books, and the dissemination by the mass media of information and material of social and cultural benefit to the child, with particular regard to the linguistic needs of children belonging to a minority group or who are indigenous;

International cooperation in the production, exchange and dissemination of such information and material of social and cultural benefit for the child, in accordance with the spirit of article 29 of the Convention on the aims of education, including any international agreements concluded for that purpose;

The development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, as well as from harmful exposure in the mass media, bearing in mind the provisions of articles 13 and 18.

H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a))

61. Please indicate whether torture or other cruel, inhuman or degrading treatment or punishment of children is punished by the criminal law, and whether complaint procedures have been established and remedies made available to the child.  Please also provide information on:

Awareness campaigns launched to prevent torture or other cruel, inhuman or degrading treatment or punishment of children;

Educative and training activities developed, particularly with personnel in institutions, services and facilities working with and for children, aimed at preventing any form of ill-treatment;

Any cases where children have been victims of any such acts;

Measures adopted to prevent the impunity of perpetrators, including by investigating such cases and punishing those found responsible;

Measures adopted to ensure the physical and psychological recovery and reintegration of children who have been tortured or otherwise ill-treated;

Any independent monitoring system established.     

V.  FAMILY ENVIRONMENT AND ALTERNATIVE CARE (arts. 5; 18,
    paras. 1-2; 9-11; 19-21; 25; 27, para. 4; and 39)

SEE PARAGRAPH 8 ABOVE

A.  Parental guidance (art. 5)

62. Please provide information on family structures within the society and indicate the measures adopted to ensure respect for the responsibilities, rights and duties of parents or where applicable the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide appropriate direction and guidance to the child, further indicating how such direction and guidance are consistent with the childs evolving capacities.

63. Please indicate any family counselling services or parental education programmes available, as well as awareness campaigns for parents and children on the rights of the child within family life, and training activities provided to relevant professional groups (for example, social workers) and indicate if any evaluation has been made of their effectiveness.  Please also indicate how knowledge and information about child development and the evolving capacities of the child are conveyed to parents or other persons responsible for the child.

64. Information should also be provided on the measures adopted to ensure respect for the principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible, as well as on the progress achieved in the implementation of article 5, any difficulties encountered and the indicators used.

B.  Parental responsibilities (art. 18 paras. 1-2)

65. Please provide information on the consideration given by law to parental responsibility, including the recognition of the common responsibilities of both parents in the upbringing and development of the child and, that the best interests of the child will be their basic concern. Also indicate how the principles of non-discrimination, respect for the views of the child and the development of the child to the maximum extent, as provided for by the Convention, are taken into account.

66. Please provide information on the measures adopted to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities, as well as on the institutions,

facilities and services developed for the care of children. Information should also be provided on specific measures adopted for children from single-parent families and belonging to the most disadvantaged groups, including those living in extreme poverty.

67. Relevant disaggregated information (for example, by gender, age, region, rural/urban areas and social and ethnic origin) should be given on children having benefited from any of these measures and resources allocated to them (at the national, regional and local levels, and where appropriate at the federal and provincial levels).  Information should also be provided on progress achieved and difficulties encountered in the implementation of article 18, as well as on the targets set for the future.

C.  Separation from parents (art. 9)

68. Please indicate the measures adopted, including of a legislative and judicial nature, to ensure that the child is not separated from his or her parents except when such separation is necessary for the best interests of the child, as in cases of abuse or neglect of the child or when the parents live separately and a decision must be made as to the childs place of residence. Please identify the competent authorities intervening in these decisions, the applicable law and procedure and the role of judicial review.

69.   Please provide information on the measures taken pursuant to article 9, paragraph 2 to ensure to all interested parties, including the child, an opportunity to participate in any proceedings and to make their views known.

70. Please indicate the measures adopted, including of a legislative, judicial and administrative nature, to ensure that the child who is separated from one or both parents has the right to maintain personal relations and direct contacts with both parents on a regular basis, except if it is contrary to the best interests of the child.  Please further indicate the extent to which the views of the child are taken into consideration in this regard.

71. Please indicate the measures adopted pursuant to article 9, paragraph 4 to ensure that in the case of the childs separation from one or both of his or her parents as a result of any action initiated by the State, essential information on the whereabouts of the absent member(s) of the family is provided, upon request, to the child, to the parents or, if appropriate, to another member of the family, unless the provision of the information would be detrimental to the well-being of the child.  Also indicate the measures undertaken to ensure that the submission of such a request entails no adverse consequences for the person(s) concerned.

72. Relevant disaggregated information (for example, by age, gender and national, ethnic and social origin) should be provided inter alia in relation to situations of detention, imprisonment, exile, deportation or death, together with an assessment of progress achieved in the implementation of article 9, difficulties encountered and targets set for the future.


D.  Family reunification (art. 10)

73. Please provide information on the measures adopted to ensure that applications by a child or his or her parents to enter or leave a country for the purpose of family reunification are dealt with by the State in a positive, humane and expeditious manner and that the submission of such a request entails no adverse consequences for the applicants and the members of their family.

74. Please also indicate how such applications are considered in the light of the Convention and in particular of its general principles of non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible, including in the case of unaccompanied and asylum seeking children.  Disaggregated information should also be provided, including by gender, age, and national and ethnic origin.

75. Please indicate the measures undertaken to ensure the right of a child whose parents reside in different States to maintain on a regular basis personal relations and direct contacts with both parents.  Please also indicate any exceptions and their compatibility with the provisions and principles of the Convention.

76. Information should be provided on the steps taken to ensure respect for the right of the child and his or her parents to leave any country, including their own, and to enter their own country.  They should indicate any restrictions imposed on the right to leave the country, how they are prescribed by law, necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others and the extent to which they are consistent with the other rights recognized in the Convention, including the principles of non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible.

77. Reports should also provide information on the progress achieved in the implementation of article 10, difficulties encountered and targets set for the future.

E.  Illicit transfer and non-return (art. 11)

78. Please provide information on:

The steps taken to prevent and combat the illicit transfer and non-return of children abroad, including legislative, administrative or judicial measures, as well as mechanisms established to monitor such situations;

Any bilateral or multilateral agreement on this subject concluded by the State Party or to which it may have acceded and the impact they have had;


Progress achieved and the difficulties met with in countering such situations, together with relevant data on the children concerned, including by gender, age, national origin, place of residence, family status and relationship with the perpetrator of the illicit transfer.

F.  Recovery of maintenance for the child (art. 27, para. 4)

79. Please indicate the measures adopted (including legislative, administrative and judicial measures) and mechanisms or programmes developed to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State and from abroad, including in cases of the separation or divorce of the parents.  Information should also be provided on:

Measures taken to ensure the maintenance of the child in cases where parents or other persons having financial responsibility for the child evade the payment of such maintenance;

Measures adopted to ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, survival and development to the maximum extent;

The factors and difficulties which may have affected the recovery of maintenance for the child (for example, lack of birth registration) or the enforcement of decisions concerning maintenance obligations;

The relevant international agreements the State has concluded or to which it has acceded, as well as any other appropriate arrangement it has made;

Relevant disaggregated data in this area, including by gender, age, national origin and place of residence of the child and his or her parents, or of the persons financially responsible for him or her.

G.  Children deprived of their family environment (art. 20)

80. Please indicate the measures adopted to ensure:

Special protection and assistance to the child who is temporarily or permanently deprived of his or her family environment or in whose own best interests cannot be allowed to remain in that environment;

Alternative care for such a child, specifying the available forms of such care (inter alia foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of the child);

That the placement of such a child in suitable institutions will only be used if really necessary;

Monitoring of the situation of children placed in alternative care;

Respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, survival and development to the maximum extent.

81. Reports should also indicate the extent to which, when such solutions are being considered, due regard is paid to the desirability of continuity in the childs upbringing and to the childs ethnic, religious, cultural and linguistic background.  Disaggregated information should be provided on the children concerned by all such measures, including by gender, age, national, social or ethnic origin, language, religion, and by the nature of the measure of alternative care applied.

82. Reports should also provide information on the progress achieved in the implementation of this article, any difficulties encountered or on targets set for the future.

H.  Adoption (art. 21)

83. Please indicate the measures adopted, including of a legislative, administrative or judicial nature, to ensure that, when the State recognizes and/or permits the system of adoption, the best interests of the child shall be the paramount consideration.  Information should also be provided on:

The authorities which are competent to authorize the adoption of a child;

The applicable law and procedures and the pertinent and reliable information on the basis of which adoption is determined;

The childs status concerning his or her parents, relatives and legal guardians necessary for adoption to be considered permissible;

The involvement of the persons concerned, the circumstances under which their informed consent is required and necessary counselling provided, including to allow for the consideration of the alternatives to and consequences of adoption, and the extent to which the participation of the child is ensured and his or her views are given due weight;

Existing safeguards to protect the child, including any monitoring mechanism put in place;

The effects of adoption on the rights of the child, particularly his or her civil rights, including the childs identity and the right of the child to know his or her biological parents.

84. In the case of intercountry adoption, please indicate the measures undertaken to ensure that:

Such a solution is only considered as an alternative means of care for the child if he or she cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the childs country of origin;

The child involved in intercountry adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption;

Placement by intercountry adoption does not result in improper financial gain for those involved in it;

Appropriate mechanisms have been established to monitor the situation of the child, including following his or her placement through intercountry adoption, and to ensure that his or her best interests prevail as a paramount consideration.

85. Reports should also indicate:

Any bilateral or multilateral arrangements or agreements concluded by the State to promote the objectives of article 21 (for example, the Hague Convention of May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption);
 
Within this framework, the measures adopted to ensure that the placement of a child in another country is carried out by competent authorities or organs;

Relevant disaggregated data on the children involved in intercountry adoption, including by age, gender, status of the child, situation of the childs family of origin and of adoption, as well as country of origin and of adoption;

Progress achieved in the implementation of article 21, difficulties encountered and targets set for the future.

I.  Periodic review of placement (art. 25)

86. Please indicate the measures undertaken, including of a legislative, administrative and judicial nature, to recognize the right of the child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical and mental health, to a periodic review of the treatment provided to the child in public and private institutions, services and facilities, as well as all other circumstances relevant to his or her placement.

87. Information should be provided inter alia on:

The authorities considered competent for such purposes, including any appropriate independent mechanism established;
 
The circumstances taken into account in deciding on the placement of the child for his or her care, protection and treatment;

The frequency of review of the placement and treatment provided;

The respect ensured to the provisions and principles of the Convention, including non-discrimination, the best interests of the child and respect for the views of the child;

Relevant data on the children concerned, including in situations of abandonment, disability and asylum seeking and refugees, including unaccompanied children, and in situations of conflict with the law, disaggregated inter alia by age, gender, national, ethnic and social origin, family situation and place of residence, as well as by duration of placement and frequency of its review;

Progress achieved in the implementation of article 25, difficulties encountered and targets set for the future.

J.  Abuse and neglect (art. 19), including 
physical and psychological recovery
and social reintegration (art. 39)

88. Please indicate all appropriate legislative, administrative, social and educational measures taken pursuant to article 19 to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.  Reports should indicate in particular:

Whether legislation (criminal and/or family law) includes a prohibition of all forms of physical and mental violence, including corporal punishment, deliberate humiliation, injury, abuse, neglect or exploitation, inter alia within the family, in foster and other forms of care, and in public or private institutions, such as penal institutions and schools;

Other existing legal safeguards relevant to the protection of the child as required by article 19;

Whether complaint procedures have been foreseen and the child can lodge complaints, either directly or through a representative, as well as remedies available (for example, compensation);

The procedures developed for intervention by the authorities in cases where the child requires protection from any form of violence, abuse or negligence, as required by article 19;

The educational and other measures adopted to promote positive and non-violent forms of discipline, care and treatment of the child;

Any information and awareness-raising campaigns to prevent situations of violence, abuse or negligence and to strengthen the system for the childs protection;

Any mechanisms established to monitor the extent of the forms of violence, injury or abuse, neglect, maltreatment or exploitation considered by article 19, including within the family, in institutional or other care, of a welfare, educational or penal nature, and the social and other factors contributing thereto, as well as any evaluation made of the effectiveness of the measures adopted; in this regard

disaggregated data should be provided on the children concerned, including by age, gender, family situation, rural/urban, social and ethnic origin.

89. With respect to article 19, paragraph 2, reports should also provide information inter alia on:

Effective procedures developed for the establishment of social programmes to provide necessary support for the child and those who have the care of the child, including rehabilitation mechanisms;

Any other forms of prevention;

Effective measures adopted for the identification, reporting, referral, investigation, treatment and follow-up of instances of maltreatment covered by article 19, as well as for judicial involvement;

The existence of any system of mandatory reporting for professional groups working with and for children (for example teachers, medical doctors);

The existence of confidential help lines, advice or counselling for child victims of violence, abuse or neglect or any other form considered by article 19;

The special training provided for relevant professionals.  (See also para. 34 above).

90. Please also indicate the measures adopted pursuant to article 39 to ensure the physical and psychological recovery and social reintegration of the child victim of any form of neglect, exploitation or abuse referred to in article 19, in an environment which fosters the health, self-respect and dignity of the child.  Information should also be provided on the progress achieved, any difficulties encountered and on the targets set for the future.

91. Reports should also provide information on the progress achieved in the implementation of these articles, difficulties encountered and targets set for the future.

VI.  BASIC HEALTH AND WELFARE (arts. 6; 18,   
     para. 3; 23; 24; 26; 27, paras 1-3)  

SEE PARAGRAPH 8 ABOVE

A.  Disabled children (art. 23)

92. Please provide information on:

The situation of the mentally or physically disabled child and the measures taken to ensure:

The childs enjoyment of a full and decent life, in conditions which ensure the childs dignity and self-reliance;

The childs enjoyment of his or her rights without discrimination of any kind and the prevention and elimination of discriminatory attitudes against him or her;
 
The promotion of the childs active participation in the community;

The childs effective access to education, training, health care and rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the childs achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development;

The consideration given to the inclusion of disabled children together with children without disabilities in institutions, services and facilities, including within the education system;

The childs right to special care and the steps taken to ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance appropriate to the childs condition and to the circumstances of the parents or others caring for the child;

That, whenever possible, assistance is provided free of charge, taking into account the financial resources of the parents or others caring for the child;

The measures taken to ensure an effective evaluation of the situation of disabled children, including the development of a system of identification and tracking of disabled children, the establishment of any appropriate monitoring mechanism, the assessment of progress and of difficulties encountered, as well as any targets set for the future;

The measures taken to ensure adequate training, including specialized training, for those responsible for the care of disabled children, including at the family and community levels and within relevant institutions;

The measures taken to promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventive health care and of the medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services.  An indication should be given of the measures taken with the aim of enabling States Parties to the Convention to improve their capabilities and skills and to widen their experience in these areas, and the consideration given to the particular needs of developing countries;

The children concerned, including by type of disability, the coverage of the assistance provided, programmes and services made available, including in the fields of education, training, care, rehabilitation,
employment and recreation, the financial and other resources allocated, and other relevant information, disaggregated inter alia by gender, age, rural/urban area, and social and ethnic origin.

B.  Health and health services (art. 24)

93. Please indicate the measures adopted pursuant to articles 6 and 24:

To recognize and ensure the right of the child to the enjoyment of the highest attainable standard of health and to facilities for treatment and rehabilitation;

To ensure that no child is deprived of his or her right of access to such health care services;

To ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, and survival and development to the maximum extent possible.

94. Reports should also provide information about the measures adopted to identify changes which have occurred since the submission of the State partys previous report, their impact on the life of children, as well as the indicators used to assess the progress achieved in the implementation of this right, the difficulties encountered and any targets identified for the future, including in relation to child mortality and child morbidity, service coverage, data collection, policies and legislation, budget allocation (including in relation to the general budget), involvement of non-governmental organizations and international assistance.

95. Please also provide information on the measures undertaken in particular:

To diminish infant and child mortality, indicating the average rates and providing relevant disaggregated data, including by gender, age, region, rural/urban area, ethnic and social origin.

To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care, including:

The distribution of both general and primary health care services in the rural and urban areas of the country and the balance between preventive and curative health care;

Information on the children having access to and benefiting from medical assistance and health care, as well as persisting gaps, including by gender, age, ethnic and social origin, and measures adopted to reduce existing disparities;

The measures adopted to ensure a universal immunization system.

To combat disease and malnutrition, including in the framework of primary health care, through inter alia the application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into account the risks and dangers of environmental degradation and pollution; reports should indicate the overall situation, persisting disparities and difficulties, as well as policies to address them, including priorities identified for future action, and information should also be provided, including by gender, age, region, rural/urban area, and social and ethnic origin on:

The proportion of children with low birth weight;

The nature and context of the most common diseases and their impact on children;

The proportion of the child population affected by malnutrition, including of a chronic or severe nature, and lack of clean drinking water;

The children provided with adequate nutritious food;

The risks from environmental pollution and the measures adopted to prevent and combat them.

To ensure appropriate prenatal and post-natal health care for mothers, indicating the nature of services provided, including appropriate information given, the coverage ensured, the rate of mortality and its main causes (average and disaggregated, inter alia, by age, gender, region, urban/rural area, social and ethnic origin), the proportion of pregnant women who have access to and benefit from pre- and post-natal health care, trained personnel and hospital care and delivery;

To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast-feeding, hygiene and environmental sanitation and the prevention of accidents; in this regard, information should also be provided on:

Campaigns, programmes, services and strategies and other relevant mechanisms developed to provide basic knowledge, information and support to the general population, in particular to parents and children;

The means used, particularly in relation to the areas of child health and nutrition, the advantages of breast-feeding and the prevention of accidents;

The availability of safe sanitation;

The measures adopted to increase food production to ensure household food security;

The measures adopted to improve the system of education and training of health personnel;

Disaggregated data, including by age, gender, region, rural/urban area, social and ethnic origin.

To develop preventive health care, guidance for parents and family planning education and services; in this regard, reports should also provide information on:

The policies and programmes developed, as well as services available;

The population covered, including in rural and urban areas, by age, gender, social and ethnic origin;

The measures adopted to prevent early pregnancy and to take into consideration the specific situation of adolescents, including provision of appropriate information and counselling;

The role played by the education system in this regard, including in the school curricula;

Disaggregated data on the incidence of childrens pregnancy, including by age, region, rural/urban area, and social and ethnic origin.

96. Please indicate the prevalence of HIV/AIDS and the measures adopted to promote health information and education on HIV/AIDS among the general population, special groups at high risk and children, as well as:

The programmes and strategies developed to prevent HIV;

The measures adopted to assess the occurrence of HIV infection and AIDS, among both the general population and children, and its incidence inter alia by age, gender, rural/urban area;

The treatment and management provided in case of HIV infection and AIDS among children and parents, and the coverage ensured nationwide, in urban and rural areas;

The measures adopted to ensure an effective protection and assistance to children who are orphans as a result of AIDS;

The campaigns, programmes, strategies and other relevant measures adopted to prevent and combat discriminatory attitudes against children infected by HIV or with AIDS, or whose parents or family members have been infected.

97. Please provide information on the measures adopted pursuant to article 24, paragraph 3, with a view to abolishing all traditional practices prejudicial to the health of children, particularly girls, or otherwise contrary to the principles and provisions of the Convention, (for example, genital mutilation and forced marriage).  Reports should also indicate any assessment made of traditional practices persisting in society that are prejudicial to childrens rights.

98. Information should also be provided on the measures adopted pursuant to article 24, paragraph 4, to promote and encourage international cooperation with a view to achieving progressively the full realization of the right recognized in this article, and the particular consideration given to the needs of developing countries.  Reports should inter alia indicate the activities and programmes developed in the framework of international cooperation, including at the bilateral and regional levels, the areas addressed, the target groups identified, the financial assistance provided and/or received and the priorities considered, as well as any evaluation made of the progress achieved and of the difficulties encountered.  Mention should be made, whenever appropriate, of the involvement of United Nations organs and specialized agencies and non-governmental organizations.

  C. Social security and child care services and facilities (arts. 26 and 18, para. 3)

99. With respect to article 26, please provide information on:

The measures adopted to recognize for every child the right to benefit from social security, including social insurance;

The necessary measures taken to achieve the full realization of this right in accordance with the national law;

The manner in which the benefits granted take into account the resources and the circumstances of the child and of the persons having responsibility for his or her maintenance, as well as any other considerations relevant to an application for benefits made by or on behalf of the child.

100. Reports should also indicate the legal provisions relevant to the implementation of this right, the circumstances under which children themselves are allowed to apply for social security measures, either directly or through a representative, the criteria taken into account to grant the benefits, as well as any relevant disaggregated information concerning the coverage and financial implications of such measures, its incidence by age, gender, number of children per family, civil status of the parents, the situation of single parents, and the relationship of social security to unemployment.

101. Please indicate the measures adopted pursuant to article 18, paragraph 3, and taking into account the provisions of articles 3, 6 and 12 of the Convention, to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible. In this regard, reports should inter alia provide information on the legislation adopted to recognize this right and ensure its realization,

as well as on the coverage with regard to services and facilities, by region and by urban and rural areas, as well as on their financial implications and on the children benefiting from such measures, including by age, gender and national, social and ethnic origin.

102. Reports should also provide information on the progress achieved in the implementation of these rights, the difficulties encountered and any targets identified for the future.

D.  Standard of living (art. 27, paras. 1-3)

103. Please provide information on:

The measures adopted to recognize and ensure the right of every child to a standard of living adequate for the childs physical, mental, spiritual, moral and social development;

The relevant indicators used to assess such an adequate standard of living, and its incidence among the child population, including by gender, age, region, rural/urban area, social and ethnic origin, and family situation;

The criteria established to assess the ability and financial capacity of parents or others responsible for the child to secure the living conditions necessary for the childs development, as well as to identify those conditions;

All the measures taken, in accordance with national conditions and within the State party's means, to assist parents and others responsible for the child to implement this right, including the nature of the assistance made available, its budget implications, its relation to the cost of living and its impact on the population; where relevant, the information provided should be disaggregated, inter alia by region, rural/urban area, age, gender and social and ethnic origin;

The measures adopted to provide, in case of need, material assistance and support programmes, particularly with regard to nutrition, clothing and housing, indicating, inter alia, the nature of such assistance and programmes, the population addressed by them, including by gender, age, rural/urban area, social and ethnic origin, the proportion of budget allocated, the coverage ensured, the priorities and targets identified;

Relevant measures adopted as a follow-up to the Declaration and Plan of Action adopted by the United Nations Conference on Human Settlements (Habitat II).

104. Reports should also provide information on the progress achieved in the implementation of these rights, difficulties encountered and targets set for the future.


VII.  EDUCATION, LEISURE AND CULTURAL ACTIVITIES (arts. 28, 29, 31)

SEE PARAGRAPH 8 ABOVE

A.  Education, including vocational training and guidance (art. 28)

105. Please indicate the measures adopted, including of a legislative, administrative and budgetary nature, to recognize and ensure the right of the child to education, and to achieve this right progressively and on the basis of equal opportunities.

106. In this regard, reports should indicate, inter alia:

The measures adopted to ensure respect for the general principles of the Convention, namely the best interests of the child, respect for the views of the child, the right to life, survival and development to the maximum extent possible, and non-discrimination, including with a view to reducing existing disparities;

The proportion of the overall budget (at the central, regional and local, and where appropriate at the federal and provincial levels) devoted to children and allocated to the various levels of education;

The consideration given to the real cost to the family of the childs education and the appropriate support provided;

The measures adopted to ensure that children may be taught in local, indigenous or minority languages;

Mechanisms developed to ensure the access of all children, including girls, children with special needs and children in especially difficult circumstances, to quality education adapted to the child's age and maturity;

The steps taken to ensure that there are sufficient teachers in the school system, to enhance their competence, and to ensure and assess the quality of teaching;

The measures adopted to provide adequate educational facilities, accessible to all children;

The rate of illiteracy below and over 18 years, and the rate of enrolment in literacy classes, including by age, gender, region, rural/urban area, and social and ethnic origin;

Any systems of non-formal education;

Any system or extensive initiatives by the State to provide early development and education services for young children, especially for young children from disadvantaged social groups;

The changes that have occurred in the education system (including with regard to legislation, policies, facilities, budgetary allocation, quality of education, enrolment, drop-out and literacy);

Any monitoring mechanism developed, factors and difficulties encountered and targets identified for the future;

Other relevant disaggregated data on the children concerned, including on education outcomes, inter alia by gender, age, region, rural/urban area, and national, ethnic and social origin.

107. Reports should also indicate the particular measures adopted:

To make primary education compulsory and available free for all, particularly children, indicating the minimum age for enrolment in primary school, the minimum and maximum ages for compulsory education, the proportion of children enrolled, who complete primary education, as well as any relevant disaggregated data including by age, gender, region, urban/rural area, national, social and ethnic origin, service coverage and budgetary allocation;

To encourage the development of different forms of secondary education, including general and vocational education, and measures adopted:

To make such forms available and accessible to every child, providing inter alia any relevant disaggregated data including by gender, age, region, rural/urban area, national, social and ethnic origin, coverage and budgetary allocation;

To introduce free secondary education and offer financial assistance in case of need, indicating the children concerned, including by gender, age, region, rural/urban area, and national, social and ethnic origin, and the budget allocated for that purpose;

To make higher education accessible to all on the basis of capacity, indicating inter alia the rate of access to higher education by age, gender and national, social and ethnic origin;

To make educational and vocational information and guidance available and accessible to all children, indicating, inter alia, the forms of such information and guidance, the mechanisms used to assess their effectiveness, the budget allocated for that purpose, as well as any relevant disaggregated data, including by age, gender, region, urban/rural area, and social and ethnic origin;

To encourage regular attendance at school and to reduce drop-out rates, including research, any mechanisms developed to assess the situation, and incentives provided to encourage school entrance, regular school attendance and school retention, any alternatives provided for children who are excluded from school, as well as other relevant data disaggregated by age, gender, region, urban/rural area, and social and ethnic origin.

108. Reports should also provide information on any category or group of children who do not enjoy the right to education and the circumstances in which children may be excluded from school temporarily or permanently (for example disability, deprivation of liberty, pregnancy, HIV/AIDS infection), including any arrangements made to address such situations and to ensure alternative education.  Disaggregated data should be provided, including by age, gender, region, rural/urban area, and social and ethnic origin.

109. Please indicate all appropriate measures taken pursuant to article 28, paragraph 2, to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the Convention, including:

Legislation applying to public and private schools and other education institutions and prohibiting all forms of violence, including corporal punishment, as well as any other disciplinary measures which are not consistent with the childs human dignity or in conformity with the provisions of the Convention, including articles 19, 29 and 37 (a), and its general principles particularly of non-discrimination, best interests and respect for the views of the child;

Any monitoring system of the administration of the school discipline, as well as mechanisms of reporting and complaint;

Any independent mechanism established for that purpose;

Legislation providing the opportunity for the child to participate in administrative or judicial proceedings relating to education and affecting him or her, including those relating to the choice of school, school exclusion.

110. With regard to article 28, paragraph 3, please provide information on the measures adopted to promote and encourage international cooperation in matters relating to education, in particular with a view to:

Contributing to the elimination of ignorance and illiteracy throughout the world;

Facilitating access to scientific and technical knowledge and modern teaching methods;

Taking particular account of the needs of developing countries.

111. Reports should also indicate the activities and programmes developed, including at the bilateral and regional levels, the target groups identified, including by age, gender and national, social and ethnic origin, the financial assistance provided and/or received and the priorities established, and the consideration given to the aims of education as identified by article 29 of the Convention, as well as any evaluation made of the progress achieved and of the difficulties encountered.  Mention should be made, whenever appropriate, of the involvement of United Nations organs and specialized agencies and non-governmental organizations.

B.  Aims of education (art. 29)

112. Please indicate the legislative, administrative, educational and other measures adopted to ensure that the aims of education established in the State party are consistent with the provisions of this article, in particular with regard to:

The development of respect for the childs personality, talents and mental and physical abilities to their fullest potential;

The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations, indicating whether the subject of human rights in general, and childrens rights in particular, has been incorporated in the school curricula for all children and promoted in school life;

The development of respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she originates and for civilizations different from his or her own;

The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of the sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

The development of respect for the natural environment.

113. Reports should also indicate:

The training provided to teachers to prepare them to direct their teaching towards these aims;

The revision of school policies and school curricula to reflect the aims identified in article 29 at the various levels of education;

Relevant programmes and material used;

Any peer education and peer counselling promoted;

Efforts made to bring school organization in line with the Convention's principles, for example mechanisms created within schools to improve the participation of children in all decisions affecting their education and well-being.

114. Please indicate the measures adopted pursuant to article 29, paragraph 2, to ensure respect for the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1 of this article and to the requirements that the education given in such institutions conforms to such minimum standards as are laid down by the State.

115. Reports should also provide information on the appropriate mechanisms developed to:

Ascertain that the aims of education identified by the Convention are respected by such institutions;

Ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, survival and development to the maximum extent;

Ensure that all such institutions are conducted in conformity with standards established by competent authorities, particularly in the areas of safety, health, number and suitability of staff, as well as of competent supervision.

116. Reports should further provide information on the progress achieved in the implementation of this article, difficulties encountered and targets set for the future.

C.  Leisure, recreation and cultural activities (art. 31)

117. Please provide information on the measures adopted, including of a legislative nature, to recognize and ensure the right of the child to:

Rest and leisure;

Engage in play and recreational activities appropriate to the age of the child;

Participate freely in cultural life and the arts.

118. In this regard, reports should also indicate:

The proportion of the relevant overall budget allocated (at the central, regional, local and where relevant at the federal and provincial levels) for children;

The cultural, artistic, recreational and leisure activities, programmes or campaigns developed and provided at the national, regional or local, and where appropriate at the federal and provincial levels, to ensure the enjoyment of this right including in the family, in the school and in the community;

The enjoyment of the rights recognized by article 31 in relation to other rights recognized by the Convention, including the right to education;

The respect ensured to the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, survival and development to the maximum extent;

Relevant data on the children concerned, including by age, gender, region, rural/urban area, and national, social and ethnic origin;

Progress achieved in the implementation of article 31, difficulties encountered and targets set for the future.

VIII.  SPECIAL PROTECTION MEASURES (arts. 22,
 38, 39, 40, 37 (b)-(d), 32-36)

SEE PARAGRAPH 8 ABOVE

A.  Children in situations of emergency

1.  Refugee children (art. 22)

119. Please provide information on the appropriate measures adopted pursuant to article 22, paragraph 1 to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures, whether unaccompanied or accompanied by his or her parents or by any other person, receives appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the Convention and in other international human rights or humanitarian instruments to which the State is a party.

120. Reports should also indicate:

The international and domestic law and procedures applicable to the child who is considered a refugee or is seeking asylum;

Relevant international human rights and humanitarian instruments to which the State is a party, at the multilateral, regional and bilateral levels;

The domestic legislation and procedures in place, including to determine refugee status and ensure and protect the rights of asylum seeking and refugee children, as well as any safeguards established and remedies made available to the child;

The protection and humanitarian assistance provided to the child in the enjoyment of his or her rights set forth in the Convention, as well as in other relevant international instruments, including civil rights and freedoms and economic, social and cultural rights;

The measures adopted to ensure and protect the rights of the unaccompanied child or of the child accompanied by his or her parents or by any other person, including in relation to temporary and long-term solutions, family tracing and family reunion;

The measures adopted to ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible;

The measures adopted to ensure appropriate dissemination of information and training on the rights of the child who is a refugee or is seeking asylum, particularly to the officials competent in the areas addressed by this article;

The number of asylum seeking and refugee children disaggregated inter alia by age, gender, country of origin, nationality, accompanied or unaccompanied;

The number of such children going to school and covered by health services;

The number of staff handling refugee children who attended training courses to understand the Convention on the Rights of the Child during the reporting period, classified by type of job.

121. Please also indicate the measures adopted pursuant to article 22, paragraph 2 to provide cooperation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to:

Protect and assist the child;

Trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family.

In cases where no parents or other members of the family can be found, please indicate the measures adopted to ensure that the child is accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the Convention.

122. Pursuant to this article, please also indicate any evaluation mechanism established to monitor the progress achieved in the implementation of the measures adopted, any difficulties encountered, as well as any priorities set for the future.

2.  Children in armed conflicts (art. 38), including
    physical and psychological recovery and social
    reintegration (art. 39)

123. Please provide information on the measures adopted pursuant to article 38, including of a legislative, administrative and educational nature, to respect and ensure respect for the rules of international humanitarian law applicable to the State in armed conflicts which are relevant to the child. In this regard, reports should identify the relevant international conventions, instruments and other rules of humanitarian law applicable to the State and the measures adopted to enforce them, as well as to ensure their effective dissemination and appropriate training for professionals concerned.


124. Please indicate all the measures taken pursuant to article 38, paragraph 2, including of a legislative, administrative or other nature, to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities.  In this regard, reports should also indicate the measures adopted to ensure and protect the rights of the child during hostilities.  Information should also be provided on any mechanism established to monitor this situation.  When relevant, indication should also be given of the proportion of children participating in hostilities, including by age, gender and social and ethnic origin.

125. Please indicate the measures adopted pursuant to article 38, paragraph 3, including of a legislative and administrative nature, to ensure that no person who has not attained the age of 15 years is recruited into the armed forces, as well as to ensure that, in recruiting among those persons who have attained the age of 15 years but who have not attained the age of 18 years, priority is given to those who are oldest.  In this regard, reports should also indicate any mechanisms established to monitor this situation, as well as the proportion of children being recruited or voluntarily enlisted into armed forces, including by age, gender, and social and ethnic origin.

126. Please provide information on all the measures adopted pursuant to article 38, paragraph 4, and in accordance with the State's obligations under international humanitarian law to protect the civilian population in armed conflicts, including measures of a legislative, administrative, budgetary and other nature, to ensure the protection and care of children who are affected by an armed conflict.

127. In this regard, please indicate the relevant international humanitarian law applicable to the State, the criteria used to assess the feasibility of the measures adopted, the steps taken to identify and address the specific situation of children within the civilian population and to ensure respect for and protection of their rights, the measures adopted to ensure that humanitarian assistance and relief programmes are promoted and put in place, including through the negotiation of special arrangements such as corridors of peace and days of tranquillity, as well as any relevant disaggregated data on the children concerned, including by age, gender, and national, social and ethnic origin.  Where relevant, please also indicate the number of child casualties due to armed conflict, as well as the number of children displaced because of armed conflict.

128. When providing information on the implementation of the provisions of article 38, please further indicate the respect ensure to the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, development and survival to the maximum extent.

129. Please indicate all measures adopted pursuant to article 39 to:

Promote physical and psychological recovery and social reintegration of child victims of armed conflicts;

Ensure that such recovery and reintegration takes place in an environment which fosters the health, self-respect and dignity of the child.

130. In this regard, reports should provide information inter alia on:

The policies and programmes developed, including at the family and community levels, to address the physical and psychological effects of conflicts on children and to promote their reintegration in society;

The steps taken to ensure the demobilization of child soldiers and to prepare them to participate actively and responsibly in society;

The role played by education and vocational training;

The surveys and research undertaken;

The budget allocated for them (at the national, regional, local and where appropriate at the federal and provincial levels);

The number of children who received physical and/or psychological treatment as a consequence of armed conflict.

131. Information should also be provided on the progress achieved on the implementation of articles 38 and 39, on any difficulties encountered and targets set for the future.

B.  Children involved with the system of
    administration of juvenile justice

1.  The administration of juvenile justice (art. 40)

132. Please provide information on the legislative and other measures taken to recognize and ensure the right of every child involved with the system of the administration of juvenile justice (alleged as, accused of, or recognized as having infringed the penal law) to be treated in a manner:

Consistent with the promotion of the child's sense of dignity and worth;

Which reinforces the child's respect for the human rights and fundamental freedoms of others;

Which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society;

Which ensures respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child and the right to life, survival and development to the maximum extent.

133. With respect to article 40, paragraph 2, please indicate the relevant international instruments applicable in the area of the administration of juvenile justice, including at the multilateral, regional or bilateral levels, as well as legislative and other appropriate measures adopted to ensure in particular that:

No child shall be alleged as, accused of or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

Every child alleged as or accused of having infringed the penal law has at least the following guarantees, indicating, where relevant, additional guarantees provided to the child:

To be presumed innocent until proven guilty according to law;

To be informed promptly (indicating any time-limit fixed by law) and directly of the charges against him or her and, if appropriate, through his or her legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; in this regard, please indicate what other appropriate assistance may be made available to the child;

To have the matter determined without delay (indicating any time-limit fixed by law) by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance (indicating what other appropriate assistance may be made available to the child) and, unless it is considered not to be in the best interests of the child, in particular taking into account his or her age or situation, in the presence of his or her parents or legal guardians;

Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

To have the free assistance of an interpreter if the child cannot understand or speak the language used;

To have his or her privacy respected at all stages of the proceedings.

134. Please indicate the measures adopted pursuant to article 40, paragraph 3 to promote the establishment of laws, procedures, authorities and institutions specially applicable to children alleged as, accused of, or recognized as having infringed the penal law, providing information inter alia on the areas addressed by legislation and procedures, as well as the functions, number and distribution throughout the country.  Reports should in particular indicate the measures adopted to ensure a child-oriented system, including:

The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

Measures taken for dealing with such children without resorting to judicial proceedings, and to ensure that in such cases human rights and legal safeguards are fully respected, indicating the situations in which such a system applies and relevant procedures established for that purpose.

135. Please indicate the variety of dispositions made available pursuant to article 40, paragraph 4, including care, guidance and supervision orders, counselling, probation, foster care, education and vocational training programmes and other alternatives to institutional care, to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

136. Reports should further indicate the training activities developed for all professionals involved with the system of juvenile justice, including judges, prosecutors, lawyers, law enforcement officials, immigration officers and social workers, on the provisions of the Convention and other relevant international instruments in the field of juvenile justice, including the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

137. Relevant information should also be provided on the progress achieved in the implementation of article 40, any difficulties encountered and targets set for the future, as well as disaggregated data on the children concerned, inter alia by age, gender, region, rural/urban area, national, social and ethnic origin, offence and disposition made available.

2.  Children deprived of their liberty, including any
    form of detention, imprisonment or placement in
    custodial settings (art. 37 (b)-(d)

138. Please indicate the legislative and other measures adopted pursuant to article 37 (b) to ensure that:

No child is deprived of his or her liberty unlawfully or arbitrarily; / According to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, deprivation of liberty means any form of detention or imprisonment or the placement of a person in another public or private custodial setting from which this person is not permitted to leave at will by order of any judicial, administrative or other public authority (rule 11 (b))./

The arrest, detention or imprisonment of a child is in conformity with the law and is used only as a measure of last resort and for the shortest appropriate period of time;

The general principles of the Convention are respected, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible.

139. Reports should also indicate the existing alternatives to deprivation of liberty, the frequency with which they are used and the children concerned, including by age, gender, region, rural/urban area, and social and ethnic origin.

140. Information should also be given on the measures and mechanisms established to:

Prevent the deprivation of liberty of children, including through arrest, detention and imprisonment, inter alia in relation to asylum seekers and refugees;

Prevent the imposition of indeterminate sentences, including through their legal prohibition;

Monitor the situation of the children concerned, including through an independent mechanism;

Monitor progress, identify difficulties and set goals for the future.

141. In this regard, information should further be provided on the number of children deprived of liberty, unlawfully, arbitrarily and within the law, as well as on the period of deprivation of liberty, including data disaggregated by gender, age, region, rural/urban area, and national, social and ethnic origin, and the reasons for such deprivation of liberty.

142. Please indicate the legislative and other measures adopted pursuant to article 37 (c) to ensure that any child deprived of liberty is treated:

With humanity and respect for the inherent humanity of the human person;

In a manner which takes into account the needs of persons of his or her age.

143. Reports should also provide information on the measures adopted and arrangements made to ensure that:

The child deprived of liberty is separated from adults unless it is considered in the best interests of the child not to do so;

The child has the right to maintain contact with his or her family through correspondence and visits (indicating the number of such contacts), save in exceptional circumstances, those circumstances being specified in the report;

The conditions in institutions in which children are placed are supervised and monitored, including by an independent mechanism;

Complaint procedures are made available to the child;

A periodic review is made of the situation of the child and of the circumstances relevant to his/her placement;

Education and health services are provided to the child;

The general principles of the Convention are respected, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible.

144. Please indicate the measures adopted pursuant to article 37 (d) to ensure that every child deprived of liberty has the right to:

Prompt access to legal and other appropriate assistance, indicating inter alia whether there is any legal time-limit for such access to assistance and what other appropriate assistance may be made available to the child;

Challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority;

A prompt decision on any such action, indicating inter alia whether there is any legal time-limit for such a decision to be taken.

145. Information should also be provided on the overall situation, as well as on the percentage of cases where legal or other assistance has been provided, and where the legality of the deprivation of liberty has been confirmed, including disaggregated data on the children concerned, including by age, gender, region, rural/urban area, and social and ethnic origin.

146. Reports should also indicate the progress achieved in the implementation of article 37 (b) to (d), difficulties encountered and targets set for the future.

  3. The sentencing of children, with particular reference to the prohibition of capital punishment and life imprisonment (art. 37 (a))

147. Please provide information on the measures adopted, at the legislative and other levels, to ensure that neither capital punishment nor life imprisonment without possibility of release is imposed for offences committed by persons below 18 years of age.

148. Please also indicate the progress achieved in the implementation of article 37 (a), difficulties encountered and targets set for the future.


  4. Physical and psychological recovery and social reintegration of the child (art. 39)

149. Please provide information on all measures taken pursuant to article 39 and in the light of article 40, paragraph 1, to promote the physical and psychological recovery and social reintegration of the child involved with the system of the administration of juvenile justice, and to ensure that such recovery and reintegration take place in an environment which fosters the health, self-respect and dignity of the child.

150. Reports should also identify, inter alia, the mechanisms established and the programmes and activities developed for that purpose, as well as the education and vocational training provided, and indicate relevant disaggregated data on the children concerned, including by age, gender, region, rural/urban area, and social and ethnic origin.  They should further indicate the progress achieved in the implementation of article 39, difficulties encountered and targets set for the future.

  C. Children in situations of exploitation, including physical and psychological recovery and social reintegration

  1. Economic exploitation of children, including child labour (art. 32)

151. Please provide information on the measures taken, including of a legislative, administrative, social and educational nature, to recognize and ensure the right of the child to be protected from:

Economic exploitation;

Performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development.

152. In this regard, reports should in particular indicate:

Whether legislation has included a prohibition, as well as a definition, of hazardous and harmful work, and/or of the activities considered to be hazardous, harmful to the childs health or development or to interfere with the childs education;

Any preventive and remedial action undertaken, including information and awareness campaigns, as well as education, in particular compulsory education, and vocational training programmes, to address the situation of child labour both in the formal and informal sector, including as domestic servants, in agriculture or within private family activities;

The measures adopted to ensure respect for the general principles of the Convention, particularly non-discrimination, the best interests of the child, the right to life, and survival and development to the maximum extent possible.

153. Please also indicate the appropriate measures adopted pursuant to article 32, paragraph 2, and having regard to the relevant provisions of other international instruments, including measures at the legislative and administrative levels, to provide in particular for:

A minimum age or minimum ages for admission to employment;

Appropriate regulation of the hours and conditions of employment;

Appropriate penalties or other sanctions to ensure the effective enforcement of this article, and any mechanism of inspection and system of complaint procedures available to the child, either directly or through a representative.

154. In this regard, reports should also provide information on the international conventions and other relevant instruments to which the State may be a party, including in the framework of the International Labour Organization, as well as on:

Any national policy and multidisciplinary strategy developed to prevent and combat situations of childrens economic exploitation and labour;

Any coordinating and monitoring mechanism established for that purpose;

The relevant indicators identified and used;

Relevant programmes of technical cooperation and international assistance developed;

The progress achieved in the implementation of this article, benchmarks set up as well as difficulties encountered;

Relevant disaggregated data on the children concerned, including by age, gender, region, rural/urban area, and social and ethnic origin, as well as on infringements observed by inspectors and sanctions applied.

2.  Drug abuse (art. 33)

155. Please indicate all appropriate measures adopted, including legislative, administrative, social and educational measures, to:

  Protect children from the illicit use of narcotic drugs and psychotropic substances, as defined in relevant international treaties;

Prevent the use of children in the illicit production and trafficking of such substances.

156. Reports should also indicate:

The relevant international conventions, including at the regional and bilateral levels, to which the State is a party;

Any arrangements made and structures developed to raise awareness in the general population and amongst children, including through the school system and whenever appropriate by the consideration of this topic by the school curricula;

Any measures undertaken to assist children and their families, including through counselling, advice and helplines, where appropriate of a confidential nature, and policies and strategies designed to ensure the physical and psychological recovery and social reintegration of children concerned;

Any measures designed to monitor the incidence of drug abuse on children, as well as their involvement in the illicit production and trafficking of narcotic and psychotropic substances, progress achieved, difficulties encountered and targets set for the future;

Any relevant disaggregated data, including by age, gender, region, rural/urban area, and social and ethnic origin.

157. In addition, please also provide information on legislative and other measures taken to prevent the use by children of alcohol, tobacco and other substances which may be prejudicial to their health and which may be available with or without restrictions to adults, and on any evaluation made of the effectiveness of such measures, together with relevant disaggregated data on the use by children of such substances.
 
3.  Sexual exploitation and sexual abuse (art. 34)

158. Please indicate the measures adopted, including of a legislative, educational and social nature, to protect the child from all forms of sexual exploitation and sexual abuse.  Reports should in particular provide information on all national, bilateral and multilateral measures taken to prevent:

(a) the inducement or coercion of a child to engage in any unlawful sexual activity;

(b) the exploitative use of children in prostitution or other unlawful sexual practices;

(c) the exploitative use of children in pornographic performances and materials.

159. Reports should also indicate, inter alia:

Information, awareness and education campaigns to prevent any form of sexual exploitation or abuse of the child, including campaigns undertaken in cooperation with the media;

Any national and multidisciplinary strategy developed to ensure protection of children below the age of 18 against all forms of sexual exploitation and abuse, including within the family;

Any coordinating and monitoring mechanism established for that purpose;
The relevant indicators identified and used;

Legislation developed to ensure effective protection of child victims, including through access to legal and other appropriate assistance and support services;

Whether sexual exploitation and abuse of children, child prostitution and child pornography, including the possession of child pornography, and the use of children in other unlawful sexual practices are considered criminal offences;

Whether the principle of extraterritoriality has been incorporated in the legislation to criminalize the sexual exploitation of children by nationals and residents of the State party when committed in other countries;

Whether special units of law enforcement officials and police liaison officers have been appointed to deal with children who have been sexually exploited or abused, and whether appropriate training has been provided to them;

Relevant bilateral, regional and multilateral agreements concluded or to which the State party may have acceded to foster the prevention of all forms of sexual abuse and exploitation and to ensure the effective protection of child victims, including in the areas of judicial cooperation and cooperation among law enforcement officials;

Relevant programmes of technical cooperation and international assistance developed with United Nations bodies and other international organizations, as well as with other competent bodies, including INTERPOL, and non-governmental organizations;

Relevant activities and programmes developed, including of a multidisciplinary nature, to ensure the recovery and reintegration of the child victim of sexual exploitation or abuse, in the light of article 39 of the Convention;

The measures adopted to ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible;

Relevant disaggregated data on the children concerned by the implementation of article 34, including by age, gender, region, rural/urban area, and national, social and ethnic origin.  Such data should include the number of cases in which a child was used in drug trafficking during the reporting period; the minimum penalty in the law for using children in drug trafficking; and the number of cases of commercial sexual exploitation, sexual abuse, sale of children, abduction of children and violence against children reported during this period;

The progress achieved in the implementation of article 34, difficulties encountered and targets set.
4.   Sale, trafficking and abduction (art. 35)

160. Please provide information on all measures adopted, including of a legislative, administrative, educational and budgetary nature, at the national, bilateral and multilateral levels, to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

161. In this regard, reports should indicate inter alia:

The legislation adopted to ensure effective protection of children against abduction, sale and trafficking, including through the consideration of these acts as criminal offences;

Awareness and information campaigns to prevent their occurrence, including campaigns undertaken in cooperation with the media;

The allocation of appropriate resources for the development and implementation of relevant policies and programmes;

Any national strategy developed to prevent and suppress such acts;

Any coordinating and monitoring mechanism established for that purpose;

The relevant indicators identified and used;

Whether special units have been created among law enforcement officials to deal with these acts;

Relevant training activities provided to the competent authorities;

Structures and programmes developed to provide support services to the children concerned and to promote their physical and psychological recovery and social reintegration, in the light of article 39;

The measures adopted to ensure that in the implementation of article 35 due consideration is taken of other provisions of the Convention, including in the areas of civil rights, particularly in relation to the preservation of the identity of the child, adoption and prevention of any form of exploitation of children, including child labour and sexual exploitation;

The measures adopted to ensure respect for the general principles of the Convention, including non-discrimination, the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible.

162. Reports should also indicate the relevant bilateral and multilateral agreements concluded by the State party, or to which it may have acceded, to prevent the sale and abduction of and trafficking in children, including in the areas of international cooperation between judicial authorities and law enforcement officials, inter alia on any existing system of collection and

exchange of information on perpetrators of such acts as well as on the child victims.  Relevant disaggregated information should also be provided on the children concerned by the implementation of article 35, including by age, gender, region, rural/urban area, and social and ethnic origin, as well as on the progress achieved in the implementation of this article, the difficulties encountered and the targets set for the future.

5.  Other forms of exploitation (art. 36)

163. Please provide information on all measures adopted, including of a legislative, administrative, educational, budgetary and social nature, to protect the child against all forms of exploitation prejudicial to any aspects of his or her welfare.

164. Reports should also indicate, inter alia:

The prevalence of any form of exploitation prejudicial to the childs welfare;

Awareness and information campaigns launched, including for children, families and the public at large, as well as the involvement of the media;

Training activities developed for professional groups working with and for children;

Any national strategy developed to ensure protection to the child and the targets set for the future;

Any mechanism established to monitor the situation of the child, the progress achieved in the implementation of this article and any difficulties encountered;

The relevant indicators used;

Measures adopted to ensure the physical and psychological recovery, as well as the social reintegration, of the child victim of exploitation prejudicial to any aspects of his or her welfare;

Relevant measures adopted to ensure respect for the general principles of the Convention, namely non-discrimination, the best interests of the child, respect for the views of the child, the right to life and survival and development to the maximum extent possible;

The measures adopted to ensure that the implementation of this article takes into due consideration other relevant provisions of the Convention;

Relevant disaggregated data on the children concerned by the implementation of this article, including by age, gender, region, rural/urban area, and national, social and ethnic origin.


D.  Children belonging to a minority or an indigenous group (art. 30)

165. Please provide information on the measures adopted, including at the legislative, administrative, educational, budgetary and social levels, to ensure that a child belonging to an ethnic, religious or linguistic minority or who is indigenous is not denied the right, in community with other members of his or her group:

To enjoy his or her culture;

To profess and practise his or her own religion;

To use his or her own language.

166. In this regard, reports should also indicate inter alia:

The ethnic, religious or linguistic minorities or indigenous groups existing within the State partys jurisdiction;

The measures adopted to ensure the preservation of the identity of the minority or indigenous group to which the child belongs;

The measures adopted to recognize and ensure the enjoyment of the rights set forth in the Convention by children belonging to a minority or who are indigenous;

The measures adopted to prevent any form of discrimination and combat prejudice against those children, as well as those designed to ensure that they benefit from equal opportunities, including in relation to health care and education;

The measures adopted to ensure respect for the general principles of the Convention, namely the best interests of the child, respect for the views of the child, the right to life, and survival and development to the maximum extent possible, as well as non-discrimination;

The measures adopted to ensure that in the implementation of the rights recognized in article 30 due consideration is taken of other provisions of the Convention, including in the areas of civil rights, particularly in relation to the preservation of the childs identity, family environment and alternative care (for example art. 20, para. 3 and art. 21), education and the administration of juvenile justice;

Relevant disaggregated data on the children concerned, including by age, gender, language, religion, and social and ethnic origin;

The progress achieved and the difficulties encountered in the implementation of this article, as well as any targets set for the future.