Concluding Observations of the Committee on the Rights of the Child, Paraguay, U.N. Doc. CRC/C/15/Add.166 (2001).
COMMITTEE ON THE RIGHTS OF THE CHILD 1. The Committee considered the second periodic report of Paraguay
(CRC/C/65/Add.12), submitted on 12 October 1998, at its 741st meeting
(see CRC/C/SR.741), held on 8 October 2001, and adopted, at its
749th meeting (CRC/C/SR.749), held on 12 October 2001, the following
concluding observations.
2. The Committee welcomes the submission of the State party's second
periodic report, which very precisely follows the guidelines for
reporting, thus providing the Committee with a lot of information
on the implementation of the Convention. However, the written replies
to its list of issues (CRC/C/Q/PAR.2), received only on 5 October
2001, only partly addressed the Committee's questions. Furthermore,
the delegation representing the State party was unfortunately not
in a position to answer most of the questions put by the Committee.
In particular, the Committee regrets that it was not possible to
discuss in more detail the content of the new Children's Code. The
Committee regretfully recalls that similar problems occurred during
the examination of the initial report of the State party.
3. The Committee welcomes the adoption of the Children's Code in
line with its previous recommendation (CRC/C/15/Add.75, para. 29).
4. In light of its previous recommendation (CRC/C/15/Add.75, para.
41), the Committee notes with satisfaction the promulgation in 1997
of the Adoption Act to combat trafficking in children and establish
strict control over all matters connected with adoption, especially
intercountry adoption. It further takes note of the Law against
Domestic Violence.
5. The Committee notes with satisfaction the establishment in 1997
of a Juvenile Complaints Department for the receipt of complaints
of violations of children's rights, and in 1998 of a National Network
against Child Abuse (REDNAMI), made up of governmental and non-governmental
organizations.
6. The Committee notes with concern that the State party is facing
many difficulties in the implementation of the Convention, in particular
owing to political instability, low economic growth and an inadequate
public service. The Committee acknowledges that the serious economic
and social disparities, affecting in particular people living in
rural areas and indigenous people, impede the full achievement and
enjoyment of the rights recognized in the Convention.
Committee's previous recommendations
7. The Committee notes with great concern that most of its previous
recommendations (CRC/C/15/Add.75) have not been satisfactorily followed
up or not followed up at all.
8. The Committee strongly recommends that the State party give
effective follow-up to the Committee's previous recommendations,
paying particular attention to those which are reiterated hereafter.
Legislation
9. The Committee notes with concern that the recently adopted Children's
Code may not enter into force at the end of November 2001, six months
after its promulgation.
10. The Committee recommends that the State party:
(a) Ensure that the Children's Code enters into force without
delay;
(b) Ensure the implementation of the Children's Code in full compliance
with the Convention, paying particular attention to the elimination
of the traditional concept of "irregular situation" and to the need
for adequate structures by allocating the necessary human and financial
resources.
Coordination
11. While noting that the new Children's Code foresees the establishment
of a National Secretariat for Children and Adolescents, the Committee
notes with concern that a process of reform of the structure of
ministries and secretariats in Paraguay may delay the entry into
force of the Code until July 2002, thereby preventing the allocation
of funds in the 2002 budget for the new structure. It further notes
with concern that the National Plan of Action for Children (PNAI)
has limited economic resources and is not disseminated at local
level, and that its coordinating body, the PNAI Committee, does
not have a budget allocation and has had a large turnover among
its members.
12. The Committee recommends that the State party:
(a) Strengthen coordination between the various governmental bodies
and mechanisms involved in children's rights at both the national
and local levels, in line with its previous recommendation (CRC/C/15/Add.75,
para. 30);
(b) Ensure the establishment of the National Secretariat for Children
and Adolescents without delay;
(c) Provide adequate human and financial resources in the 2002
budget for the National Secretariat for Children and Adolescents
in order to enable it to carry out its tasks in an effective way;
and
(d) For the preparation of the next National Plan of Action take
into account the obstacles met in implementing the previous National
Plan of Action and the results of the mid-term evaluation and of
the review made for the end-of-decade report.
Budgetary allocations
13. While noting the information that there has been an increase
in public social spending, the Committee reiterates its concern
that budgetary allocations for children are still insufficient to
respond to national and local priorities for the protection and
promotion of children's rights and to overcome and remedy existing
disparities between rural and urban areas with respect to services
provided to children (CRC/C/15/Add.75, para. 35).
14. In light of article 4 of the Convention, the Committee encourages
the State party:
(a) To strengthen its efforts to reduce poverty and its impact
on children;
(b) To identify clearly its priorities with respect to child rights
issues in order to ensure that funds are allocated "to the maximum
extent of … available resources and, where needed, within
the framework of international cooperation" for the full implementation
of the economic, social and cultural rights of children, in particular
with respect to local governments and for children belonging to
the most vulnerable groups in society; and
(c) To identify the amount and proportion of the budget spent
on children at the national and local levels in order to evaluate
the impact and effect of the expenditures on children.
Monitoring
15. Although the 1992 Constitution foresees the creation of a Defensor
del Pueblo (human rights ombudsman), the Committee notes with
concern that no mechanism has been established yet to receive and
address complaints, in particular in the field of children's rights.
16. The Committee encourages the State party to establish an independent
and effective mechanism in accordance with the Principles relating
to the status of national institutions for the promotion and protection
of human rights (General Assembly resolution 48/134), provided with
adequate human and financial resources and easily accessible to
children, that:
(a) Monitors the implementation of the Convention;
(b) Deals with complaints from children in a child-sensitive and
expeditious manner; and
(c) Provides remedies for violations of their rights under the
Convention.
In this regard, the Committee further recommends that the State
party consider seeking technical assistance from, among others,
UNICEF and OHCHR.
Data collection
17. The Committee, while noting the creation in 1995 of a database
to monitor the National Plan of Action for Children (PNAI), expresses
its concern that statistical data are not updated and do not cover
sufficiently nor are disaggregated for all areas covered under the
Convention, and that, when available, these data are not used in
an adequate manner to assess trends and as a basis for policy-making
in the field of children's rights.
18. In line with its previous recommendation (CRC/C/15/Add.75,
para. 32), the Committee recommends that the State party:
(a) Further strengthen, expand and update its database; and
(b) Use these indicators and data effectively for the formulation
and evaluation of policies and programmes for the implementation
and monitoring of the Convention.
Dissemination and training
19. The Committee recognizes that material promoting human rights
was disseminated by both governmental agencies and non-governmental
organizations, in line with its previous recommendation (CRC/C/15/Add.75,
para. 33), but notes that these measures need to be strengthened,
in particular in rural areas and among indigenous children.
20. The Committee recommends that the State party:
(a) Increase its efforts to translate informative material into
Guaraní and the main indigenous languages and disseminate it;
(b) Develop more creative methods for promoting the Convention,
including through audio-visual aids such as picture books and posters,
in particular at local level;
(c) Provide adequate and systematic training and/or sensitization
of professional groups working with and for children, such as judges,
lawyers, law enforcement personnel, teachers, school administrators
and health personnel;
(d) Fully integrate the Convention into the curricula at all levels
of the educational system; and
(e) Seek technical assistance from, among others, UNICEF, UNESCO
and OHCHR.
Cooperation with NGOs
21. The Committee, while noting examples of collaboration between
governmental institutions and non-governmental organizations, e.g.
in the preparation of the Children's Code and of the State party's
second periodic report, nevertheless notes that cooperation with
non-governmental organizations should be further promoted and reinforced.
22. The Committee reiterates its recommendation to the State party
(CRC/C/15/Add.75, para. 31) to encourage the promotion of closer
cooperation with non-governmental organizations, in particular in
the area of implementation of the new Children's Code.
23. The Committee reiterates its concern about the disparity between
the legal minimum age for admission to employment (12 years) and
the age for the end of compulsory education (15 years).
24. The Committee recommends that the State party increase the
minimum age for admission to employment in order to prevent children
from starting to work before the completion of compulsory education.
25. The Committee is concerned that the principles of non-discrimination
(article 2 of the Convention), best interests of the child (art.
3), right to life, and maximum possible survival and development
of the child (art. 6) and respect for the views of the child (art.
12) are not fully reflected in the State party's legislation and
administrative and judicial decisions, as well as in policies and
programmes relevant to children at both national and local levels.
26. The Committee reiterates its previous recommendation (CRC/C/15/Add.75,
para. 34) that the State party:
(a) Appropriately integrate general principles of the Convention,
in particular the provisions of articles 2, 3, 6 and 12, in all
relevant legislation concerning children;
(b) Apply them in all political, judicial and administrative decisions,
as well as in projects, programmes and services which have an impact
on all children; and
(c) Apply these principles in planning and policy-making at every
level, as well as in actions taken by social and health welfare
institutions, courts of law and administrative authorities.
Non-discrimination
27. The Committee is concerned that the principle of non-discrimination
is not fully implemented for children belonging to indigenous groups
or those groups speaking only Guaraní, urban and rural poor children,
girls, street children, children with disabilities, and children
living in rural areas, especially with regard to their access to
adequate health and educational facilities. It further notes with
concern that pregnant girls are often not allowed to continue their
education, especially in private schools.
28. The Committee recommends that the State party:
(a) Take all the necessary measures to end discrimination;
(b) Monitor the situation of children, in particular those belonging
to the above-mentioned vulnerable groups, who are exposed to discrimination;
(c) Develop, on the basis of the results of this monitoring, comprehensive
strategies containing specific and well-targeted actions aimed at
ending all forms of discrimination; and
(d) Include specific information in the next periodic report on
the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow-up on the Declaration
and Programme of Action adopted at the 2001 World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance,
and taking account of general comment No. 1 on article 29 (1) of
the Convention on the aims of education.
Birth registration
29. The Committee notes with concern that a large number of children,
in particular those belonging to indigenous groups and/or living
in rural or remote areas, are not registered because of distance
or because parents are unaware of the importance of birth registration.
It further notes that registration is not free.
30. In light of article 7 of the Convention and in line with its
previous recommendation (CRC/15/Add.75, para. 38), the Committee
recommends that the State party:
(a) Develop more widespread awareness among the population of
the importance of birth registration; and
(b) Improve the registration system in order to reach all people,
in particular in rural and remote areas, including by using mobile
registration units.
Corporal punishment
31. The Committee is concerned that corporal punishment of children
remains socially acceptable in Paraguay and that it is still practised
in families, schools and other institutions.
32. In light of articles 3, 19 and 28 (2) of the Convention, the
Committee encourages the State party to:
(a) Develop measures to raise awareness about the harmful effects
of corporal punishment and encourage use of alternative forms of
discipline in families to be administered in a manner consistent
with the child's dignity and in conformity with the Convention;
and
(b) Explicitly prohibit corporal punishment in the family, in
schools and in other institutions.
Parental responsibilities
33. The Committee is concerned at the increase in the breakdown
of families, in particular owing to migration to urban areas. It
further notes that children, particularly in poor families, are
not sufficiently stimulated, which can have a negative impact on
their harmonious development.
34. In light of article 18 of the Convention and in line with its
previous recommendations (CRC/C/15/Add.75, paras. 39 and 43), the
Committee recommends that the State party:
(a) Improve social assistance to families to help them with their
child-rearing responsibilities, including through counselling and
community-based programmes, with a focus on early stimulation; and
(b) Seek international assistance from, among others, UNICEF.
Abuse and neglect
35. The Committee, while noting the establishment in 1998 of a
National Network for Child Abuse (REDNAMI), is nevertheless concerned
at its lack of human and financial resources. It is further concerned
at the lack of data and information on child abuse and neglect,
at the inadequacy of measures, mechanisms and resources to prevent
and combat physical and sexual abuse and neglect of children, and
at the limited number of services for abused children, in particular
in rural areas.
36. In light of article 19 of the Convention and in line with its
previous recommendation (CRC/C/15/Add. 75, para. 40), the Committee
recommends that the State party:
(a) Undertake studies on domestic violence, ill-treatment and
abuse, including sexual abuse, in order to assess the extent, scope
and nature of these practices;
(b) Adopt and implement effectively adequate measures and policies,
and contribute to changing attitudes, and in that regard provide
the National Network for Child Abuse with adequate human and financial
resources;
(c) Investigate effectively cases of domestic violence and ill-treatment
and abuse of children, including sexual abuse within the family,
within a child-sensitive inquiry and judicial procedure in order
to ensure better protection of child victims, including the protection
of their right to privacy;
(d) Take measures to provide support services to children in legal
proceedings, and for the physical and psychological recovery and
social reintegration of the victims of rape, abuse, neglect, ill-treatment
and violence, in accordance with article 39 of the Convention; and
(e) Seek, in this regard, international cooperation and technical
assistance from, among others, UNICEF and WHO.
Health and health services
37. While noting the decrease in the infant and child mortality
rates, the Committee is nevertheless concerned at the lack of reliable
statistics and at the still high rates of mortality, morbidity and
malnutrition affecting especially indigenous children and those
who speak only Guaraní. It further notes the high maternal mortality
rates, due largely to a high incidence of illegal abortion, especially
in rural areas. It is also concerned about the unsatisfactory level
of the immunization coverage.
38. In light of article 24 of the Convention and in line with its
previous recommendation (CRC/C/15/Add. 75, para. 45), the Committee
recommends that the State party:
(a) Allocate appropriate resources and develop comprehensive policies
and programmes to improve the health situation of all children without
discrimination, in particular by focusing more on primary health
care and decentralizing the health-care system;
(b) In order to prevent child mortality and morbidity and address
the high maternal mortality rate, provide adequate antenatal and
postnatal health-care services and develop campaigns to inform parents
about basic child health and nutrition, the advantages of breastfeeding,
hygiene and environmental sanitation, family planning and reproductive
health;
(c) Develop a comprehensive nutritional programme in order to
prevent and combat malnutrition, in particular among indigenous
children and those who speak only Guaraní;
(d) Look to international cooperation for the full and efficient
implementation of the immunization programme; and
(e) Seek technical assistance from, among others, WHO, UNICEF
and UNFPA.
Children with disabilities
39. The Committee, while noting the National Action Plan for Disability,
expresses its concern that lack of funding and mental and architectonic
barriers prevent its full implementation. Further, it notes with
concern that there are no programmes and services specific for children.
The Committee is also concerned at the general lack of resources
and specialized staff for these children, especially the ones with
mental disabilities, in particular in rural areas.
40. In light of article 23 of the Convention, the Committee recommends
that the State party:
(a) Undertake studies to determine the causes of and ways to prevent
disabilities in children;
(b) Undertake measures to ensure that the situation of children
with disabilities is monitored in order to assess their situation
and needs effectively;
(c) Conduct public awareness campaigns in all languages, in particular
indigenous ones, to raise awareness of the situation and the rights
of children with disabilities;
(d) Allocate the necessary resources for programmes and facilities
for all children with disabilities, especially the ones living in
rural areas, and strengthen community-based programmes to enable
them to stay at home with their families;
(e) Support the parents of children with disabilities with counselling
and, when necessary, financial support;
(f) In light of the Standard Rules on the Equalization of Opportunities
for
Persons with Disabilities (General Assembly resolution 48/96) and
the Committee's recommendations adopted at its day of general discussion
on "The rights of children with disabilities" (CRC/C/69, para. 310-339),
further encourage their integration into the regular educational
system and inclusion into society, including by providing special
training to teachers and by making schools more accessible;
(g) Seek technical assistance from, among others, WHO.
Adolescent health
41. The Committee expresses its concern regarding the high rates
of early pregnancy, the rise in the number of children and youths
using drugs, and the growing number of cases of HIV/AIDS among the
youth. Further, it notes the limited availability of programmes
and services in the area of adolescent health, including mental
health, and the lack of sufficient prevention and information programmes
in schools, especially on reproductive health.
42. In line with its previous recommendation (CRC/C/15/Add.75,
para.45), the Committee recommends that the State party:
(a) Undertake a comprehensive and multidisciplinary study to assess
the scope and nature of adolescent health problems, including the
negative impact of STDs and HIV/AIDS, and develop adequate policies
and programmes;
(b) Increase its efforts to promote adolescent health, including
mental health, policies, particularly with respect to reproductive
health and substance abuse, and strengthen the programme of health
education in schools;
(c) Undertake further measures, including the allocation of adequate
human and financial resources, to evaluate the effectiveness of
training programmes in health education, in particular as regards
reproductive health, and to develop youth-sensitive and confidential
counselling, care and rehabilitation facilities that are accessible
without parental consent when this is in the best interests of the
child; and
(d) Seek additional technical cooperation from, among others,
UNFPA, UNICEF, WHO and UNAIDS.
Education
43. While noting with appreciation the National Education Law of
1998 and the high rate of primary school enrolment, which is more
than 95 per cent, the Committee is nevertheless concerned about
the continuing poor quality of education, the non-tuition costs
of compulsory school, the high repetition and drop-out rates, and
the poor condition of infrastructures. It further notes with concern
that pregnant girls are not allowed to stay in school.
44. In light of articles 28 and 29 of the Convention, the Committee
recommends that the State party:
(a) Undertake appropriate measures to increase budgetary allocations
for education, in particular for the improvement of school infrastructure;
(b) Ensure regular attendance at schools and the reduction of
drop-out rates;
(c) Take measures to prevent bullying and other forms of violence
in schools;
(d) Improve the quality of education in order to achieve the goals
mentioned in article 29 (1), in line with the Committee's general
comment No. 1 on the aims of education; and
(e) Seek additional technical cooperation from, among others,
UNESCO and UNICEF.
Children in armed conflict
45. The Committee is deeply concerned that, although the State
party's legislation states that the minimum age for recruitment
into the armed forces is 18, minors constitute a considerable proportion
of conscripts into the Paraguayan armed forces and national police,
and very much regrets that its previous recommendation (CRC/C/15/Add.
75, para. 36) in this regard was not implemented. It is deeply worried
at the number of cases of torture and ill-treatment of conscripts,
including children, by their superiors and at cases of unclarified
deaths of conscripts, which also involved minors. In particular,
it notes with concern that the majority of these deaths and ill-treatment
cases were not investigated, and that there are reports of forcible
recruitment of children, especially in rural areas, and of falsification
of documents proving their age.
46. The Committee urges the State party:
(a) To put an end to the practice of recruiting children into
the Paraguayan armed forces and national police, in line with its
previous recommendation (CRC/C/15/Add.75, para. 36), and punish
those involved in forcible recruitment;
(b) To investigate all cases of ill-treatment and death of conscripts
and suspend from duty the officials implicated in such accidents;
(c) To prosecute and punish those responsible for these violations;
(d) To provide compensation to the victims of human rights violations
during military service or their families;
(e) To provide training on human rights, including children's
rights, to army officials; and
(f) To ratify the Optional Protocol to the Convention on the involvement
of children in armed conflict, setting 18 years as the minimum age
for all military recruitment.
Economic exploitation
47. The Committee expresses its deep concern at the increasing
number of children who are exploited economically, in particular
those under 14 years of age. In particular, it notes cases of abuse
of girls in domestic service and a large number of children working
in the streets, often at night and in unhealthy conditions, especially
in the capital, Asunción. It also notes that ILO Convention No.
138 concerning Minimum Age for Admission to Employment has not been
ratified.
48. In light of article 32 of the Convention and in line with its
previous recommendation (CRC/C/15/Add. 75, para. 43), the Committee
reiterates that the State party should:
(a) Continue to enforce and strengthen its legislation protecting
working children;
(b) Combat and eradicate as effectively as possible all forms
of child labour, including by strengthening its cooperation with
ILO/IPEC; and
(c) Ratify ILO Convention No. 138 concerning Minimum Age for Admission
to Employment.
Sexual exploitation
49. The Committee expresses its deep concern that, with regard
to the increasing phenomenon of commercial sexual exploitation of
children, there are no data available, legislation is inadequate,
cases involving sexually exploited children are often not investigated
and prosecuted, victims are criminalized, and rehabilitation programmes
are not available. It further notes that a national plan against
commercial sexual exploitation of children has not been developed.
50. In light of article 34 of the Convention and in line with its
previous recommendation (CRC/C/15/Add. 75, para. 47), the Committee
recommends that the State party:
(a) Undertake a study on this issue in order to assess its scope
and causes, enable effective monitoring of the problem and develop
all necessary measures and programmes to prevent, combat and eliminate
sexual exploitation and abuse of children;
(b) Develop and adopt a national plan against sexual and commercial
exploitation of children, taking into account the Agenda for Action
of the Stockholm World Congress against Commercial Sexual Exploitation
of Children; and
(c) In this regard, seek international cooperation from, among
others, UNICEF and WHO.
Juvenile justice
51. While noting that the new Children's Code establishes a specific
criminal procedure for children aged from 14 to 18 and the creation
of a Youth Division of the National Police, the Committee expresses
its concern at the long periods of pre-trial detention, at the fact
that it is not used as a last resort, and that children are not
informed of their rights and are not provided with legal assistance.
Deep concern is also expressed at reports of torture and ill-treatment
of detained juveniles, especially in the recently destroyed Panchito
López Juvenile Correctional Institute, and at the situation of detention
centres for juveniles, which are overcrowded and in poor condition.
The Committee further notes that the education, rehabilitation and
reintegration programmes provided during the detention period are
inadequate.
52. In line with its previous recommendation (CRC/C/15/Add. 75,
para. 48), the Committee recommends that the State party:
(a) Continue reviewing laws and practices regarding the juvenile
justice system in order to bring it as soon as possible into full
compliance with the Convention, in particular articles 37, 40 and
39, as well as with other relevant international standards in this
area, such as the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules) and the United
Nations Guidelines for the Prevention of Juvenile Delinquency (the
Riyadh Guidelines);
(b) Expedite the full enforcement of the Children's Code of 2001
which guarantees due process of law for children and social and
educational correctional measures;
(c) Use pre-trial detention only as a measure of last resort,
for as short a time as possible and for no longer than the period
prescribed by law;
(d) Use alternative measures to pre-trial detention and other
forms of deprivation of liberty whenever possible;
(e) Incorporate into its legislation and practices the United
Nations Rules for the Protection of Juveniles Deprived of Their
Liberty, in particular to guarantee them access to effective complaints
procedures covering all aspects of their treatment;
(f) Ensure that those officers implicated in acts of torture and
ill-treatment against inmates are suspended from duty pending a
full and impartial investigation and, if found responsible, brought
to justice;
(g) Provide training on human rights, including children's rights,
to staff in detention centres;
(h) Take effective steps to improve conditions in detention centres
and provide adequate education to children deprived of their liberty;
(i) Take appropriate rehabilitative measures to promote the social
reintegration of the children involved in the juvenile justice system;
(j) Seek assistance from, inter alia, OHCHR, the United
Nations Centre for International Crime Prevention, the International
Network on Juvenile Justice and UNICEF, through the United Nations
Coordination Panel on Technical Advice and Assistance on Juvenile
Justice.
53. The Committee encourages the State party:
(a) To ratify and implement 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;
(b) To accept the amendment to article 43 of the Convention as
soon as possible.
54. Finally, the Committee recommends that, in light of article
44, paragraph 6, of the Convention, the second periodic report and
written replies presented by the State party be made widely available
to the public at large and that the publication of the report be
considered, along with the relevant summary records and the concluding
observations adopted by the Committee. Such a document should be
widely distributed in order to generate debate and awareness of
the Convention and its implementation and monitoring within the
Government and the general public, including NGOs.
Twenty-eighth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations of the Committee on the
Rights of the Child: Paraguay
A. Introduction
B. Positive aspects
C. Factors and difficulties impeding progress in the implementation
of the Convention
D. Principal areas of concern and recommendation
1. General measures of implementation
2. Definition of the child
3. General principles
4. Civil rights and freedoms
5. Family environment and alternative care
6. Basic health and welfare
7. Education, leisure and cultural activities
8. Special protection measures
9. Optional Protocols
10. Dissemination of documents
