Joint Committee On Human Rights Tenth Report


ANNEX 5: LIST OF CONCERNS RAISED BY UN COMMITTEE ON THE RIGHTS OF THE CHILD, 2002

Prepared by Frances Butler

GENERAL, PROCEDURAL AND STRUCTURAL
1.Failure to follow guidelines (para 2)
2.Failure to address 17 of the concerns raised in 1995 (para 4)
3.CRC not incorporated to maximum extent of available resources (para 10)
4.Absence of central mechanism for co-ordinating implementation (para 12)
5.Lack of use of CRC as framework (apart from in Wales) (para 14)
6.Lack of rights-based approach to policy development and absence of a global vision for children's rights (para 14)
7.Limited powers of children's commissioner in Wales (para 16)
8.Failure to establish independent human rights institution for children in England (para 16)
9.Absence of nationwide data collection on areas covered by CRC (para 18)
10.Most children are not aware of their CRC rights (para 20)
11.Inadequate dissemination, awareness-raising and training on CRC (para 20)
12.Discrimination against marginalized groups persists (para 22)
13.Best interests of the child not consistently reflected in legislation and policies, notably in juvenile justice system or immigration (para 25)
14.Participation by children inconsistently adopted, e.g. in divorce & adoption (para 29)
15.Right to independent representation in legal proceedings not systematically used (para 29)
16.Certain children are excluded from knowing the identity of their biological parents (para 31)
  
ASYLUM-SEEKER/REFUGEE CHILDREN
17.Failure to withdraw reservation (immigration) (para 6)
18.Detention is not compatible with the UNCRC (para 47)
19.Dispersal system may impede better integration and escalate racial incidents (para 47)
20.Placement in temporary accommodation may infringe basic rights (access to health or education) (para 47)
21.Processing applications may take several years (para 47)
22.Children's Panel of Advisers not always adequately funded (para 47)
23.Ongoing reform of asylum and immigration system fails to address needs and rights of asylum seeking children (para 47)
  
VIOLENCE/ABUSE/NEGLECT/MALTREATMENT
24.High prevalence of violence, sexual violence and neglect within families (1 to 2 children die per week) (para 37)
25.Absence of adequate systematic follow-up of child deaths (para 37)
26.Crimes committed against children under 16 are not recorded (para 37)
  
CORPORAL PUNISHMENT
27.Retention of defence of "reasonable chastisement" (para 35)
28.Proposals to limit the defence do not comply with CRC (para 35)
29.Absence of legislation prohibiting corporal punishment (para 35)
  
JUVENILE JUSTICE AND PRISONS
30.Situation of children in conflict with the law worse than in 1995 (para 57)
31.Age at which children enter the criminal justice system is low (8 in Scotland, 10 for England, Wales and NI) (para 57)
32.Abolition of principle of doli incapax (para 57)
33.Crime and Disorder Act 1998 may violate UNCRC (para 57 (a))
34.Children can be tried in adult courts in certain circumstances (para 57 (b))
35.Privacy is not always protected and in the case of serious offences, children's names are often published (para 57 (d)
36.Young people of 17 are considered as adults for the purpose of remand (para 57 (e))
37.Children between 12 and 14 years are now being deprived of their liberty (para 57)
38.High and increasing numbers of children in custody, at earlier ages for lesser offences and for longer custodial sentences (caused by use of DTOs) (para 57)
39.Conditions, inadequate protection or help, very poor staff-child ratios, inadequate rehabilitative opportunities (para 57)
40.Frequent use of physical restraint in prisons; solitary confinement in inappropriate conditions for long time (paras 33, 57)
41.High prevalence of violence in prisons (paras 37, 57), bullying, self harm and suicide (para 57)
42.Girls and some boys still not separated from adults (failure to withdraw reservation) (paras 6, 57)
43.No statutory right to education in prisons; education is the responsibility of the Home Office when it should be the DfES; no SEN support (paras 45, 57 (c))
44.Children in custody do not always have access to independent advocacy services and adequate health care (para 57 (c))
  
CHILDREN IN CARE
45.Frequent use of physical restraint in residential institutions (para 33)
46.High prevalence of violence in the care system (para 37)
47.Lack of consistent safeguards for privately fostered children (para 37)
48.Lack of public education on the role of the child protection system (para 37)
49.Majority of children in care do not attain basic qualifications (para 45)
  
HEALTH
50.Persisting inequalities in health and access to health services, including mental health (para 39)
51.Relatively low rate of breastfeeding (para 39)
52.Persistence of female genital mutilation (para 39)
53.High rate of teenage pregnancies (para 41)
54.Many children suffer from mental health problems (para 41)
55.Rates of suicide among young people are still high (para 41)
56.Lack of appropriate information, support and protection for homosexual and transsexual young people (para 41)
57.Rising incidence of STDs among young persons (para 41)
  
POVERTY
58.High proportion of children living in poverty (para 43)
59.Lack of effective and co-ordinated poverty eradication strategy across UK (para 43)
  
  
EDUCATION
60.High prevalence of violence in schools (para 37)
61.Widespread bullying in schools (para 45)
62.Participation by children is inconsistent in education; school children not systematically consulted on decisions that affect them (paras 29, 45)
63.High rate of temporary and permanent exclusions affecting children from specific groups (para 45)
64.Sharp difference in outcomes for children according to their socio-economic background and other factors (para 45)
  
IRISH AND ROMA TRAVELLERS
65.Discrimination and racial attitudes (para 49)
66.High rate of infant mortality among Irish and Roma travellers (paras 39, 49)
67.Segregated education (para 49)
68.Conditions of their accommodation (para 49)
69.Gap between policies and effective delivery of services (para 49)
  
ARMED FORCES
70.One third of the annual intake of recruits into the armed forces are under 18 (para 51)
71.Armed services target young people (para 51)
72.Recruits are required to serve a minimum of 4 years (6 years for very young recruits) (para 51)
73.Widespread allegations that young recruits are victims of bullying (para 51)
74.Children take direct part in hostilities overseas (para 51)
75.UK has not ratified the Optional Protocol on the involvement of children in armed conflict (para 59)
  
ECONOMIC EXPLOITATION/CHILD LABOUR
76.National minimum wage does not apply to young workers above the minimum age of employment (para 53)
77.Policies may discriminate against children who must work (para 53)
  
SEXUAL EXPLOITATION AND TRAFFICKING
78.Trafficking for sexual exploitation is still a problem (para 55)
79.Children sexually exploited are still criminalized by law (para 55)
80.UK has not ratified the Optional Protocol on sale of children, child prostitution and child pornography (para 59)
  
NORTHERN IRELAND
81.Continued use of plastic baton rounds (para 27)
82.Corporal punishment not abolished in private schools (para 35)
83.Education continues to be highly segregated (only 4% integrated) (para 45)
84.Negative impact of the conflict situation, including the use of emergency and other legislation (para 51)




 
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