[child-rights] Committee on Rights of Child concludes forty-second session

UNITED NATIONS Press Release 


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 xxxxxxxxxx COMMITTEE ON RIGHTS OF CHILD CONCLUDES FORTY-SECOND
SESSION xxxxxxxxxx 
2 June 2006 

 Issues Conclusions on Reports of El Salvador, Belgium, Latvia,
Italy, Canada, Turkey, Czech
Republic, Qatar, Uzbekistan, Tanzania, Mexico, Lebanon, Turkmenistan,
Iceland, and Colombia 

The Committee on the Rights of the Child concluded today its
forty-second session and issued its conclusions and recommendations
on the situation of children in Latvia, Uzbekistan, Tanzania, Mexico,
Lebanon, Turkmenistan, and Colombia, all of whose reports on efforts
to comply with the Convention on the Rights of the Child were
considered during the session. The reports of Italy, Turkey, Qatar,
and Iceland on efforts to comply with the Optional Protocol to the
Convention on the sale of children, child prostitution and child
pornography were also examined. The Committee further took up the
reports of El Salvador, Belgium, Italy and Iceland on efforts to
comply with the Optional Protocol to the Convention on the
involvement of children in armed conflict. 

The conclusions and recommendations were contained in the final
report for the three-week session, which was adopted today by the
18-member Committee (CRC/C/42/3). 

Also at its final meeting, the Committee issued a General Comment on
corporal punishment, highlighting the obligation of all States
parties to prohibit and eliminate all corporal punishment and all
other cruel or degrading forms of punishment of children and
outlining the legislative and other awareness-raising and educational
measures that States must take. The Committee expected States to
include in their periodic reports under the Convention information on
measures taken to prohibit and prevent all corporal punishment and
other cruel or degrading forms of punishment in the family and all
other settings, including on related awareness-raising activities and
promotion of positive, non-violent relationships and on the State's
evaluation of progress towards achieving full respect for children's
rights to protection against all forms of violence. 

The Committee's next session will be held from 11 to 29 September at
the Palais Wilson in Geneva. Scheduled for consideration are the
reports of Samoa, Ethiopia, Oman, Kiribati, Swaziland, Senegal,
Benin, Ireland, Republic of Congo and Jordan. Under the Optional
Protocol on the sale of children, child prostitution and child
pornography, the reports of Denmark, Viet Nam and Syria are
scheduled. Under the Optional Protocol on the involvement of children
in armed conflict, the reports of Kazakhstan, Viet Nam and Malta are
scheduled for consideration. 

*Final Observations and Recommendations on Reports Presented Under
the Convention on the Rights of the Child *

*Latvia *

Among the progress achieved in *Latvia*'s second periodic report, the
Committee noted with appreciation its ratification of the Optional
Protocols to the Convention on the involvement of children in armed
conflict and on the sale of children, child prostitution and child
pornography. It also welcomed the establishment of the Ministry for
Children and Family Affairs, the long-term policy planning document,
the Principal Positions Latvia Fit for Children (2004-2015) and the
establishment of a Subsistence Guarantee Fund in 2004.

The Committee welcomed the declaration of the Government that all
children in Latvia enjoyed the same rights irrespective of their
citizen-status and the decision to remove the mandatory requirement
to record ethnic origin in passports. It reiterated, however, its
previous concern that the principle of non-discrimination was not
fully implemented in Latvia for children belonging to minorities,
including Roma children, children with disabilities and children
living in rural areas, in particular, with regard to their access to
adequate health and education facilities.

The Committee recommended that Latvia undertake comprehensive public
education campaigns to prevent and combat negative social attitudes
and behaviour based on sex, age, race, nationality, ethnicity,
religion, disability. It also recommended that Latvia ensure that the
general principle of the best interests of the child was a primary
consideration and was fully integrated into all legislation relevant
to children. Further, the Committee recommended that the State party
undertake efforts to establish and implement alternatives to the
institutionalization of children with disabilities, including
community-based rehabilitation programmes and home-based care.

*Uzbekistan*

Among positive developments in the second periodic report of
*Uzbekistan*, the Committee noted with appreciation progress in the
implementation of the National Plan of Action, adopted in 2001; that
a law on the Guarantees of the Rights of the Child had been drafted;
and the delegation's declaration concerning the possible
establishment of an Ombudsperson for Children.

The Committee was concerned at the prevailing disparities in the
enjoyment of rights of children, in particular those belonging to the
most vulnerable groups such as refugees, asylum-seekers, internally
displaced children, children with disabilities, abandoned children
and those living in institutions and in regions with socio-economic
development problems. While noting the National Plan of Action for
the implementation of the Convention against Torture, the Committee
was deeply concerned at the numerous reports of torture and
ill-treatment of persons under 18 years, and the reportedly
insufficient efforts by the State party to investigate allegations of
torture and prosecute the alleged perpetrators. 

The Committee recommended that Uzbekistan incorporate the principle
of the best interests of the child in domestic legislation related to
children, and encouraged it to promote that principle in the society
at large and in particular among parents and professionals working
with and for the children. The Committee urged the State Party to
establish an independent commission of inquiry into the incidents of
13-14 May 2005 in Andijan, in which children were reportedly killed,
and to invite the Special Rapporteur on extrajudicial, summary or
arbitrary executions, and other special procedure mandate holders, to
visit the country. The Committee also urged Uzbekistan to take all
necessary measures to ensure that children placed in institutions as
a last resort enjoyed all rights of the Convention, received
appropriate protection, education and health care, and that the
living conditions in institutions were of the highest standards and
were regularly monitored

*Tanzania*

Following its consideration of the second periodic report of
*Tanzania*, the Committee noted with appreciation Tanzania's adoption
of the National Policy on HIV/AIDS (2001); the Policy for Child
Survival, Protection and Development (2001); and the National Refugee
Policy, which provided for better conditions for refugee children
(2003). The Committee also welcomed the ratification of the Optional
Protocols to the Convention on the Rights of the Child on the
involvement of children in armed conflict and on the sale of
children, child prostitution and child pornography, and ILO
Convention No. 182, concerning the worst forms of child labour. 

The Committee welcomed the establishment of the Special Desk for
Children Affairs, within the Commission for Human Rights and Good
Governance. However, the Committee was concerned about the
accessibility and availability of the Commission to all children in
the country and about the human and financial resources allocated to
it. The Committee was deeply concerned at the high number of children
engaged in economic activities, and that a high percentage of this
group were involved in work that was hazardous, dangerous and
deprived them of their health, education and development.

The Committee recommended that Tanzania develop appropriate
mechanisms to track, monitor, and influence investments and budget
allocations in favour of children as a cross-cutting concern within
the programmes of the National Strategy for Economic Growth and
Reduction of Poverty. The Committee also recommended that the State
party continue to strengthen its efforts in combating the spread and
effects of HIV/AIDS, inter alia, by ensuring the provision of
antiretroviral drugs and formula feeding for infants, systematically
including comprehensive information about HIV/AIDS and sex education,
including condom promotion, and involving children in the development
and implementation of HIV/AIDS policies and strategies, as well as
expanding assistance to children orphaned and made vulnerable by
HIV/AIDS. 

*Mexico*

The Committee welcomed a number of positive developments in the third
periodic report of *Mexico*, including amendments to the Constitution
to strengthen the protection of children's rights; the promulgation
of the Act on the Protection of the Rights of Children in 2000; the
adoption of the Programme of Action 2002-2010: A Mexico Fit for
Children; and the ratification of the Optional Protocols to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography and on the involvement of children
in armed conflict in 2002.

The Committee noted with concern that, despite some increase in
social expenditure over the last decades, budget allocations for
children were low and remained insufficient, in particular for social
expenditure, including health and education. The Committee was
gravely concerned at reports of cases of torture and cruel and
degrading treatment, in particular against street children, migrant
children, youth groups and groups of marginalized children, and
children victims of sexual and economic exploitation. It was further
concerned that children had limited protection from violence and
abuse under the law, and consequently that corporal punishment was
widely used within the family, in schools and other institutions.

The Committee recommended that the State Party ensure that the
process of drafting, planning and implementation of policies and
programmes on the rights of the child be systematically more
participatory and that relevant NGOs be actively involved in the
drafting, planning and implementation of policies, legislation and
programmes. The Committee further recommended that the State party
intensify its efforts to prevent and eliminate all forms of de facto
discrimination against indigenous children, children with
disabilities, girls, children living in rural and remote areas and
children from economically disadvantaged families, including through
awareness-raising campaigns.

*Lebanon*

In reviewing the third periodic report of *Lebanon*, the Committee
welcomed the ratification of the Optional Protocol to the Convention
on the sale of children, child prostitution and child pornography in
2004. The Committee noted with appreciation the very many activities
of the Higher Council for Childhood, for example in the legislative
area and for awareness raising and training, and the establishment of
various specialized commissions within the Council, such as on sexual
exploitation, child abuse and neglect and child participation.

The Committee welcomed the information from the delegation that the
establishment of a National Human Rights Institution and/or a
specific children's ombudsperson was under consideration, but
regretted that no further progress had been made. The Committee noted
with concern that the minimum age for marriage still depended on the
person's religion. In addition, despite a 2001 Memorandum of the
Minister of Education prohibiting educational staff from inflicting
corporal punishment, corporal punishment was still used in schools
and other institutions, and the Committee noted with concern that
corporal punishment was lawful in the home.

The Committee recommended that the Higher Council for Childhood
continue to strengthen its coordination role at national, regional
and local levels in order to ensure uniform implementation of the
child rights policies and programmes in all parts of country. The
Committee strongly recommended that the State party review as a
matter of priority its domestic legislation with a view to addressing
"honour crimes" in an effective way and to eliminating all provisions
allowing reductions of sentence if the crime were committed in the
name of "honour". Furthermore, the State party should raise awareness
of that socially and morally unacceptable practice, involving also
religious and community leaders.

*Turkmenistan*

Having considered the initial report of *Turkmenistan*, the Committee
welcomed the new country programme 2005-2009 in cooperation with
UNICEF, focusing on the well-being of children in the health and
social sectors; the adoption of the National Programme on HIV/STI's
Prevention (2005-2010); and the "Young People's Right to Work
(Guarantees) Act" of 1 February 2005, which inter alia prohibited the
work of school age children in cotton fields. Further, the Committee
welcomed Turkmenistan's ratification the Optional Protocol to the
Convention on the sale of children, child prostitution and child
pornography, on 29 April 2005.

The Committee noted that the National Institute for Democracy and
Human Rights received complaints from citizens, but was concerned
about its ineffectiveness and lack of independence and that a
specialized body responsible for the independent monitoring of the
implementation of the Convention was lacking. The Committee was also
concerned that that the educational system of Turkmenistan had
deteriorated over the past few years and, in particular, that
compulsory education had been reduced from 10 to 9 years; most of the
school programme was limited to the "Rukhnama" – a sort of "spiritual
guide" written by the President; that only 20 per cent of children
had an opportunity for early childhood education; and the quality of
teaching was becoming an increasing problem.

The Committee recommended that Turkmenistan carefully and regularly
evaluate existing disparities in the enjoyment by children of their
rights and undertake the necessary steps to prevent and combat
discriminatory disparities, including comprehensive public education
campaigns to prevent and combat negative social attitudes and
behaviour. The Committee also recommended that the State party
undertake a comprehensive survey of the number, composition and
characteristics of working children in order to design and implement
a comprehensive strategy to prevent and combat their exploitation,
ensure the implementation of the recent law prohibiting child labour
in cotton fields, and consider ratifying the ILO Conventions 138 and
182.

*Colombia*

Among progress achieved, the Committee noted with appreciation in the
third periodic report of *Colombia *initiatives to combat child
labour and the enactment of legislation to counteract sexual
exploitation, pornography and sexual tourism with children. The
Committee also welcomed the ratification of the Optional Protocols to
the Convention on the involvement of children in armed conflict on 25
June 2005 and on the sale of children, child prostitution and child
pornography on 11 November 2003.

The Committee was concerned that the domestic violence law of 2004 –
which failed to incorporate sexual abuse on the grounds that it
constituted physical abuse and as such was already covered in the
Criminal Code – would have serious implications for the welfare and
protection of Colombian children as it disregarded the serious nature
of sexual abuse and its impact on victims. The Committee was deeply
concerned that widespread discrimination existed towards certain
vulnerable groups, such as displaced children, Afro-Colombian and
indigenous children and children living in rural and remote areas and
that their ability to access education and health facilities was
severely reduced by the disproportionate allocation of resources. 

The Committee expressed grave concern at the continuously high
incidence of children victims of extrajudicial killings, homicides
and massacres as a consequence of the armed conflict. The Committee
urged Colombia to break the legacy of impunity and urgently conduct
criminal investigations of human rights violations in cases whereby
children had lost their lives and ensure that the perpetrators were
brought to justice as a matter of the highest priority. The Committee
also urged the State party to reinforce mechanisms for monitoring the
number of cases and the extent of violence, sexual abuse, neglect,
maltreatment or exploitation of children, including within the
family, schools, in institutional or other care and that it ensure
that professionals working with children receive training on their
obligation to report and take appropriate action in suspected cases
of domestic violence affecting children.

*Optional Protocol on the Sale of Children, Child Prostitution and *
*Child Pornography*

*Italy*

The Committee welcomed the initial report of *Italy *and noted with
appreciation Italy's adoption of legislation on the sexual
exploitation of children and child pornography, including via the
Internet; a law on measures against human trafficking; and the
establishment of the Interministerial Committee for the Coordination
of the Fight against Paedophilia in 2002. In addition, the Committee
welcomed the information provided by the delegation that Italy had
recently ratified the United Nations Convention against Transnational
Organized Crime and its Optional Protocols.

The Committee encouraged Italy to improve coordination in all areas
covered by the Optional Protocol and to strengthen its mechanisms for
the periodic evaluation of the implementation of the Protocol. It
further recommended that the State party define child pornography in
its national legislation, which would enable it to clearly design and
implement policies.

The Committee was deeply concerned at the high rate children victims
of trafficking, mainly from Eastern European countries, especially
from Romania, who were at particular risk of being sexually exploited
and used for the purpose of begging. The Committee recommended that
the State party pay particular attention to the situation of
vulnerable groups of children who were at risk of being abused and
exploited. In that connection, it highly recommended that good
practices such the "Centre for Combating Child Begging" in Rome
should be shared with other cities. The Committee also recommended
that the State Party effectively implement its guidelines for the
allocation of funding and strengthen its provision of financial
support particularly to NGOs in carrying out their projects.

*Turkey*

The Committee welcomed the submission of *Turkey*'s initial report
and noted with appreciation the Child Protection Law (2005); the
designation of the General Directorate of Social Services and Child
Protection Agency as the coordinating organization responsible for
monitoring and implementation of the Convention and its Optional
Protocol; the amendments to the Constitution allowing for direct
application of the Optional Protocol to domestic legislation; and
training activities undertaken by the State party in order to enhance
the awareness of the issues covered by the Optional Protocol.

While the Committee welcomed the existence of a National Plan of
Action for the use of the Internet 2005-2015 and a draft law on Cyber
crime, it lacked information regarding the implementation of and
measures foreseen in that plan for the prevention of dissemination of
child pornography via the Internet. The Committee was concerned at
the reported increase of cases of sexual exploitation of children.
The Committee was also concerned that there was no inclusive
information available and that there were neither systematic
monitoring nor complaints mechanisms in place as such. The Committee
was further concerned about the lack of public discussion on the
issues of sale of children, child prostitution and child pornography
and that the awareness regarding these issues among the public at
large was still very limited. 

The Committee recommended that Turkey strengthen its efforts to
develop and implement a national plan of action on the issues
referred to in the Optional Protocol, including activities with
regard to prevention and rehabilitation. The Committee also
recommended that further resources be dedicated to awareness
campaigns and also for the development of training materials and
training courses with a view of establishing systematic training
programmes for civil servants responsible for the implementation of
the Optional Protocol. In addition, the Committee recommended that
the State party make the provisions of the Optional Protocol widely
known, particularly to children, through, inter alia, school
curricula.

*Qatar*

Among the positive aspects in its consideration of the initial report
of *Qatar*, the Committee welcomed the adoption of the new
Constitution, which, among others, strengthened protections for
children, provided care for young persons and protected them from
exploitation and neglect. The Committee also welcomed the adoption in
2005 of the Law on Banning the Employment, Training and Participation
of Children in Camel Racing and Qatar's investments in the
development of robot jockeys. The Committee also expressed its
appreciation at the establishment of the Qatari House for Sheltering
and Human Care, which provided protection, care and recovery for
trafficked persons, including children. 

The Committee was concerned that the question of sexual exploitation
of children, including child pornography, was not adequately taken up
for a public discussion in the Qatari society and that awareness of
sexual exploitation was still insufficient. The Committee regretted
the lack of statistical data on the number of children trafficked to
and from Qatar, as well as in the country, and the number of reported
cases of sale of children, child prostitution and child pornography.
The Committee also regretted that the State party has not ratified
the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime (2000).

**The Committee recommended that the State party strengthen its
efforts to develop a national plan of action for children, with time
bound targets. It recommended that the State party pay particular
attention to combating child labour and the elimination of
trafficking and sexual exploitation of children in the national plan
of action, and provide a specific budget allocation and adequate
follow-up mechanisms for its full implementation. It further
recommended that the State party conduct research and provide
comprehensive statistical data on the extent, nature and changing
patterns of trafficking in children in Qatar.
*Iceland*

The Committee welcomed the submission of *Iceland*'s initial report
and noted with appreciation the various measures taken by Iceland, in
particular the adoption of the Children's Act, reinforcing children's
rights; the enactment of an Act amending the General Penal Code and
introducing a new definition of "trafficking in persons" and an
increase in penalties for sexual offences against children; and the
establishment of an office of the United Nations Children's Fund in
the country in 2003.

The Committee was concerned that there was no identifiable body to
ensure a comprehensive and well-coordinated implementation of the
various ministerial activities to protect the rights covered by the
Optional Protocol. The Committee also regretted the lack of
identifiable mechanisms for the periodic evaluation of the
implementation of the Protocol. Furthermore, the Committee remained
concerned at the rather low age for sexual consent (14 years), which
might not provide adequate protection for children older than 14
years against sexual exploitation, the current statute of limitations
in respect of sexual offences against children, and that legal
persons could not be held liable for offences established in article
3, paragraph 1 of the Optional Protocol.

The Committee noted the absence of reported cases falling within the
provisions of the Optional Protocol, with the exception of child
pornography, and recommended that the State party undertake a study
to assess the nature and extent of activities falling under the
Optional Protocol and include efforts to identify unreported cases.
The Committee also recommended that the State party provide financial
and technical support to create a helpline specifically for child
victims of violence and abuse.

*Optional Protocol on the Involvement of Children in Armed Conflict*

*El Salvador*

Among the positive aspects of the initial report of El Salvador, the
Committee noted with appreciation the establishment by law of the
minimum age for compulsory recruitment of 18 years and of voluntary
recruitment of 16 years, with the necessary provisions to ensure that
this recruitment complied with the requirements set out in the
Optional Protocol; the human rights and humanitarian law courses
included in the curriculum of the armed forces; and the reform under
way, as announced by the delegation during the dialogue, of the
Military Code and other relevant legislation to raise the minimum age
of voluntary recruitment from 16 to 18 years.

The Committee recommended that El Salvador widely disseminate
information on the Optional Protocol and seize the opportunity of the
reform of the Armed Forces Act to hold a public debate on the topic.
The Committee also recommended that the State party develop education
and training programmes on the provisions of the Optional Protocol
for children and all relevant professional groups working with and
for children. 

The Committee regretted the lack of consultation with NGOs and civil
society in the drafting process of the initial State party report and
recommended they participate in the drafting of further reports, in
the implementation of the Optional Protocol and of the Committee's
recommendations, as well as in the legislation process.

*Belgium*

**Following consideration of the initial report of *Belgium *on the
implementation of the Optional Protocol, the Committee welcomed the
amendment of the Criminal Code in 2003 which defined the recruitment
of children under the age of 15 in the armed forces or armed groups
or making them take an active part in hostilities as war crimes.
The Committee noted with appreciation the State party's development
cooperation policy, which prioritized the prevention of the
involvement of children in armed conflict.

The Committee regretted that the Act of 5 August 2003 limited the
extraterritorial jurisdiction in cases of serious violation of
international humanitarian law, but it welcomed the fact that
children who had been recruited into national armed forces or had
been used for active participation in hostilities while they were
under the age of 15 could obtain direct access to Belgian courts if
there were a link between Belgium and the crime. However, the
Committee was concerned that those provisions did not provide for the
protection of other forms of recruiting in armed forces or groups or
involving them in hostilities.

The Committee recommended that Belgium pay special attention to
asylum-seeking, refugee and migrant children in Belgium who may have
been involved in or affected by armed conflict by strengthening its
efforts to identify such children at the earliest possible stage;
provide them with culturally sensitive multidisciplinary assistance
for their physical and psychological recovery and their social
reintegration; and regularly train authorities working for and with
asylum-seeking and migrant children who may have been victims of
hostilities in their home country. 

*Italy*

Following its consideration of *Italy*'s initial report, the
Committee noted with appreciation that legislation in the State party
concerning compulsory recruitment into the armed forces had been
amended in 2001 to reflect the provisions of the Optional Protocol.
The Committee also welcomed Italy's international and bilateral
technical cooperation activities and financial assistance aimed at
preventing the involvement of children in armed conflict and
assisting recovery of child victims of armed conflict and of child
combatants. 

The Committee recommended that the State Party explicitly prohibit by
law the recruitment of children under the age of fifteen years into
armed forces or groups and their direct participation in hostilities,
explicitly prohibit by law the violation of the provisions of the
Optional Protocol regarding the recruitment and involving of children
in hostilities, and establish extra territorial jurisdiction for
those crimes when they were committed by or against a person who was
a citizen of or had other links with the State Party. The Committee
also recommended that the State Party consider the possibility of
increasing the minimum age for voluntary recruitment from 17 to 18
years.

While taking note with appreciation of the law introducing new
regulations on the control of trade of weapons, the Committee was
concerned at the lack of a provision prohibiting the sale of small
arms and light weapons to countries where persons who had not
attained the age of 18 took a direct part in hostilities, and the
Committee recommended that Italy review its domestic legislation with
a view to prohibiting such sales.

*Canada*

**Among the positive aspects in* Canada*'s initial report on the
Optional Protocol, the Committee welcomed the amendment to the
National Defence Act entrenching into law the policy of the Canadian
Forces of precluding persons under age 18 from being deployed into
areas where hostilities were taking place or where armed combat was a
possibility. The Committee also welcomed the appointment of a Special
Adviser on War-Affected Children and the creation of a Child
Protection Unit within the Canadian International Development
Agency.* *

The Committee invited the State party to provide further information
on the status of children attending the Royal Military College,
particularly as to whether they were considered only as civilian
students of a military college or already as military recruits. The
Committee was concerned at the lack of information from Canada about
measures taken to ensure that captured persons below 18 were treated
in accordance with international standards of human rights and
humanitarian law when transferred to other national authorities. 

While the Committee welcomed the information that psychological and
physical recovery and social reintegration of immigrant and refugee
children affected by armed conflict was provided through appropriate
services existing at provincial and territorial levels, the Committee
encouraged the State party to continue, and strengthen where
necessary, the above-mentioned services and to provide concrete
information on the children who benefited from those services in its
next report. It recommended that the State party make the Optional
Protocol widely known, in particular to children and their parents,
through, inter alia, school curricula in a child-friendly version.

*Czech Republic*

In its conclusions on the initial report of the *Czech Republic*, the
Committee noted with appreciation the declaration made upon the
ratification of the Optional Protocol that the minimum age for
voluntary recruitment into the armed forces of the Czech republic was
18 years and that the State party contributed to the implementation
of the guidelines on children and armed conflict adopted by the
European Union's General Affairs and External Relations Council in
2003.

The Committee was concerned about the current absence of an explicit
criminalization of involvement of children in hostilities and the
possible limitations to the criminalization of recruitment in the
State party. The Committee was concerned that the State party's
dissemination and training activities regarding the Optional Protocol
are limited to the armed forces. The Committee noted that a
significant number of children attended army and police secondary
schools and was concerned about the lack of information on complaint
mechanisms available for children attending such schools.

The Committee recommended that the State party strengthen the
provisions in the draft Criminal Code such that criminalization of
the recruitment of children in armed forces was not limited to
recruitment in times of war or armed conflict. In addition, the
Committee recommended that the involvement of children in hostilities
(including activities facilitating or even promoting such
involvement) was explicitly made a crime subject to the principle of
universality. Further, the Committee encouraged the State party to
ratify the Statute of the International Criminal Court.

*Iceland*

Among positive aspects in its initial report, the Committee noted
with appreciation *Iceland*'s international and bilateral technical
cooperation activities aimed at preventing the involvement of
children in armed conflict. The Committee also noted the ratification
of the Rome Statute of the International Criminal Court on 25 May
2000 and ILO Convention No. 182 concerning the worst forms of child
labour on 29 May 2000.

The Committee noted that the State party did not have armed forces
and that consequently there was no legal regulation of voluntary or
compulsory recruitment. The absence of armed forces did not, however,
exclude the possibility of individuals or groups undertaking efforts
to recruit children for foreign armed forces or groups and the
Committee was concerned that the recruitment of children was not
explicitly mentioned as a crime in the State party's penal code. 

The Committee noted the information on special assistance and
psychological and social support to refugee children. However, the
Committee regretted the lack of information on psychological and
physical recovery and social reintegration of refugee, asylum-seeking
and migrant children who had been involved in armed conflict. The
Committee encouraged Iceland to continue, and strengthen where
necessary, the above-mentioned services inside and outside Iceland
and that it provide information in its next report on the subject.

*General Comment on the Right of the Child to Protection from
Corporal Punishment and Other Cruel or Degrading Forms of Punishment*

Following its two General Discussion Days on violence against
children, held in 2000 and 2001, the Committee on the Rights of the
Child resolved to issue a series of General Comments concerning
eliminating violence against children, of which this was the first.
The Committee said it was issuing this General Comment to highlight
the obligation of all States parties to move quickly to prohibit and
eliminate all corporal punishment and all other cruel or degrading
forms of punishment of children and to outline the legislative and
other awareness-raising and educational measures that States must
take. The Committee observed that addressing the widespread
acceptance or tolerance of corporal punishment of children and
eliminating it, in the family, schools and other settings, was not
only an obligation of States parties under the Convention, it was
also a key strategy for reducing and preventing all forms of violence
in societies.

Corporal punishment and other cruel or degrading forms of punishment
of children took place in many settings including within the home and
family, in all forms of alternative care, schools and other
educational institutions, justice systems – both as a sentence of the
courts and as a punishment within penal and other institutions – in
situations of child labour, and in the community. Article 37 of the
Convention required States to ensure that: "No child shall be
subjected to torture or other cruel, inhuman or degrading treatment
or punishment". That was complemented and extended by Article 19,
which required States to "take all appropriate legislative,
administrative, social and educational measures 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." In
addition, Article 28 of the Convention referred to school discipline
and required States parties to "take all appropriate measures to
ensure that school discipline is administered in a manner consistent
with the child's human dignity and in conformity with the present
Convention". While Articles 19 and 28 did not refer explicitly to
corporal punishment, the Convention, like all human rights
instruments, had to be regarded as a living instrument whose
interpretation developed over time. 

In conclusion, the Committee expected States to include in their
periodic reports under the Convention information on the measures
taken to prohibit and prevent all corporal punishment and other cruel
or degrading forms of punishment in the family and all other
settings, including on related awareness-raising activities and
promotion of positive, non-violent relationships and on the State's
evaluation of progress towards achieving full respect for children's
rights to protection against all forms of violence. The Committee
also encouraged United Nations agencies, national human rights
institutions, NGOs and other competent bodies to provide it with
relevant information on the legal status and prevalence of corporal
punishment and progress towards its elimination. 

 
* *** *

/For use of the information media; not an official record/