Convention on the Rights of the Child
COMMITTEE ON THE RIGHTS OF THE CHILD
Thirty seventh session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations: Croatia
1. The Committee considered the second periodic report of Croatia (CRC/C/70/Add.23)
at its 981st and 982nd meetings (see CRC/C/SR.981 and 982), held on 20 September
2004, and adopted at the 999th meeting (CRC/C/SR.999), held on 1 October 2004,
the following concluding observations.
A. Introduction
2. The Committee welcomes the submission of the State party’s second periodic
report, which followed the established guidelines, as well as the detailed written
replies to its list of issues (CRC/C/Q/HRV/2), which gave a clearer understanding
of the situation of children in the State party. It further welcomes the constructive
and informative dialogue.
B. Follow up measures undertaken and progress achieved by the State party
3. The Committee welcomes:
(a) The adoption of the Act on the Ombudsperson for Children in 2003;
(b) The amendments to the Family Act, the Criminal Code and the Criminal Procedure
Act in 2003;
(c) The adoption of the Asylum Law in 2003;
(d) The withdrawal of its reservation on article 9, paragraph 1, of the Convention
in 1998.
4. The Committee welcomes the State party’s ratification of the Optional
Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict and the Optional Protocol on the sale of children,
child prostitution and child pornography in 2002.
5. The Committee also welcomes the State party’s ratification of the Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women and of the Rome Statute of the International Criminal Court in
2001.
6. The Committee further welcomes the State party’s ratification of ILO
Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labour in 2001 and the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime in 2003.
C. Principal subject of concern and recommendations
1. General measures of implementation
Committee’s previous recommendations
7. The Committee notes with satisfaction that various concerns and recommendations
(CRC/C/15/Add.52 of 13 February 1996) made upon the consideration of the State’s
initial report (CRC/C/8/Add.19) have been addressed through legislative measures
and policies. However, it regrets that some of its concerns and recommendations,
regarding, inter alia, non discrimination in the repossession of their property
by returned refugees (para. 15), international cooperation to resolve the problem
of property (para. 26) and training programmes to promote the process of national
reconciliation and national dialogue (para. 24), which are all relevant to the
implementation of children’s rights, and the situation of children in
institutions or in foster care (para. 25) have not been given sufficient follow
up. The Committee notes that those concerns and recommendations are reiterated
in the present document.
8. The Committee urges the State party to continue to strengthen the efforts
to address those recommendations contained in the concluding observations on
the initial report that have not yet been implemented and to provide adequate
follow up to the recommendations contained in the present concluding observations.
Legislation and implementation
9. The Committee notes that new laws have been adopted by the State party to
harmonize its domestic legislation with international human rights standards
and, in particular, with the provisions and principles of the Convention since
the review of the State party’s initial report. However, the Committee
remains concerned about the effective implementation of all legislation relevant
to the Convention.
10. In light of its previous recommendations, the Committee recommends that
the State party:
(a) Continue to take all effective measures to bring domestic law and practice
into line with the principles and provisions of the Convention;
(b) Ensure the effective implementation of all legislation relevant to the Convention
and make it known to the population.
Coordination and national plans of action
11. The Committee welcomes the elaboration of the National Action Programme
for Children in 1998 and the establishment of the Council for Children as the
institution responsible for monitoring its implementation. Despite some improvements
in the composition and functioning of the Council, the Committee is concerned
about the reluctant or non implementation of recommendations of the Council
by the various ministries and the implementation of the National Action Programme
for Children. It is also concerned about the insufficient coordination between
the existing and newly created government bodies dealing with the welfare of
children.
12. The Committee recommends that the State party take all necessary measures
to ensure the effective functioning of the Council for Children, including appropriate
follow up to its recommendations by State authorities and bodies, and implement
the National Action Programme for Children. It also recommends that the State
party enhance coordination between the different governmental bodies involved
in the implementation of the Convention.
Independent monitoring
13. The Committee welcomes the establishment of the Office of the Ombudsperson
for Children in 2003 and the presence of the Ombudsperson at the dialogue, but
the Committee is concerned at the need for ongoing and sufficient political,
human and financial support for the functioning of this office.
14. In light of its General Comment No. 2 on national human rights institutions
and the Paris Principles (General Assembly resolution 48/134, annex), the Committee
recommends that the State party continue and strengthen its political, human
and financial support for the Office of the Ombudsperson for Children in order
to facilitate and promote its effective functioning, in particular at the local
level outside the capital of the State party.
Allocation of resources
15. The Committee is concerned about the lack of disaggregated data with regard
to resources allocated for children at the national and local levels.
16. The Committee recommends that the State party pay particular attention to
the full implementation of article 4 of the Convention by:
(a) Prioritizing budgetary allocations to ensure implementation of the economic,
social and cultural rights of children, in particular those belonging to economically
disadvantaged groups and minority ethnic groups, “to the maximum extent
of … available resources”; and
(b) Identifying the amount and proportion of the State and local governments
budgets spent on children in the public, private and NGO sectors in order to
evaluate the impact and effect of the expenditures and also, in view of the
costs, the accessibility, quality and effectiveness of the services for children
in the different sectors.
Data collection
17. The Committee is concerned about the lack of disaggregated statistical data
and other information on the situation of children, especially those belonging
to different ethnic groups and the most vulnerable groups and in particular
with respect to girl children, street children, disabled children, displaced,
refugee and asylum seeking children, children from minority groups and Roma
children.
18. The Committee recommends that the State party take effective measures to
ensure the availability of reliable data regarding persons under 18 years old,
disaggregated by age, gender and ethnic origin, and to identify appropriate
disaggregated indicators with a view to addressing all areas of the Convention
and all groups of children in society, in order to evaluate progress achieved
and the difficulties hampering the realization of children’s rights.
Training and dissemination
19. The Committee welcomes the training activities undertaken by the State party
since its initial report but remains concerned about the lack of detailed information
on this issue, specifically on training activities and programmes to raise public
awareness about the Convention undertaken by the State party since its initial
report.
20. The Committee recommends that the State party strengthen its efforts to
disseminate the principles and provisions of the Convention and to undertake
systematic education and training for all professional groups working for and
with children, and also strengthen its efforts to raise public awareness about
the Convention, in particular among children themselves and among parents.
2. General principles
Non discrimination
21. The Committee acknowledges the various efforts undertaken by the State party
to follow up its previous recommendations but remains concerned at the de facto
discrimination against ethnic and national minorities and Roma and foreign children,
and at incidents of harassment and expressions of hatred, which have a negative
effect on the development of children. The Committee joins the Committee on
the Elimination of Racial Discrimination in its concern as it relates to the
lack of legal provisions prohibiting incitement to racial discrimination and
violence, and about the adequacy of efforts to investigate and prosecute persons
responsible for fomenting ethnic hatred (see CERD/C/60/CO/4, para. 12).
22. The Committee reiterates its recommendation that the State party should
take measures aimed at developing a culture of tolerance in the society at large
through all possible channels, including the schools, the media and the law.
23. In accordance with article 2 of the Convention, the Committee recommends
that the State party carefully and regularly evaluate existing disparities in
the enjoyment by children of their rights and undertake on the basis of that
evaluation the necessary steps to prevent and combat discriminatory disparities.
It also recommends that the State party strengthen its administrative and judicial
measures to prevent and eliminate de facto discrimination against children belonging
to minorities, especially Roma and foreign children.
24. The Committee requests that specific information be included in the next
periodic report on the measures and programmes relevant to the Convention on
the Rights of the Child undertaken by the State party to follow up on the Declaration
and Programme of Action adopted at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance held in Durban, South Africa,
in 2001, and taking account of General Comment No. 1 (2001) on the aims of education.
The best interests of the child
25. The Committee values the fact that the State party holds the principle of
the best interests of the child to be of vital importance in the development
of legislation, programmes and policies concerning children and is aware of
the progress made in this respect, but remains concerned that it is not fully
applied and duly integrated in the implementation of the policies and programmes
of the State party or in administrative and judicial decisions.
26. The Committee recommends that the principle of “the best interests
of the child” contained in article 3 be systematically implemented in
judicial and administrative decisions as well as in programmes, projects and
services with regard to children in various situations, in particular children
belonging to vulnerable and minority groups.
Right to life
27. The Committee notes with concern the relatively high number of deaths and
injuries among children due to traffic and domestic accidents despite the various
measures taken by the State party to address this problem.
28. The Committee recommends that the State party continue and strengthen as
much as possible its efforts to prevent traffic and domestic accidents, inter
alia by systematic enforcement of existing regulations and by ongoing awareness
raising via educational campaigns.
Respect for the views of the child
29. The Committee welcomes the efforts made by the State party to promote respect
for the views of the child. The Committee remains concerned that the general
principle laid down in article 12 of the Convention is insufficiently respected
in families, schools and other institutions and not fully applied and duly integrated
in practice in judicial and administrative decisions and in the implementation
of the laws, policies and programmes of the State party.
30. The Committee recommends that further efforts be made to ensure the implementation
of the principle of respect for the views of the child. In this connection,
particular emphasis should be placed on the right of every child to participate
in the family, at school, within other institutions and bodies and in society
at large, with special attention to vulnerable and minority groups. This general
principle should also be reflected in all laws, judicial and administrative
decisions, policies and programmes relating to children. Awareness raising among
the public at large as well as education and training of professionals on the
implementation of this principle should be reinforced and regular reviews should
be undertaken on the extent to which children’s views are taken into consideration
and the impact of these measures on children themselves.
3. Civil rights and freedoms
Right to a name and nationality
31. The Committee welcomes the efforts made by the State party to reform its
legislation in accordance with the provisions and principles of the Convention
but it remains concerned about the different types of access to citizenship,
which mainly affect children from minority groups, especially Roma children.
32. The Committee recommends that the State party undertake measures to ensure
that all provisions of the Croatian Law on Citizenship are in conformity with
article 7 of the Convention and that the law is implemented in a non discriminatory
manner.
Right to privacy
33. The Committee joins the State party in its concern about violations of the
right to privacy of children by the media but is concerned at the lack of information
on the implementation in practice of the rights of the child contained in articles
13 17 of the Convention, in particular in the family, social institutions, schools
and places of detention.
34. The Committee recommends that the State party take the necessary measures
to ensure that the media fully respect the right to privacy of children and
that it provide concrete and detailed information (examples, good practices)
in its next report on the implementation of articles 13 17 of the Convention
in the family, social institutions, schools and places of detentions.
Access to information
35. While noting the State party’s efforts to protect children from harmful
information, the Committee remains concerned about pornographic and other harmful
material in printed and electronic media that is easily available and accessible
to children. It is also concerned at the lack of adequate measures to encourage
the mass media to disseminate information that would promote a spirit of understanding
of differences.
36. The Committee recommends that the State party pursue its efforts to protect
children from information and material injurious to their well being. It also
urges the State party to disseminate information and material of social and
cultural benefit to the child, in line and with the spirit of articles 17 and
29 of the Convention. To that end, the
State party should provide children with access to diversity of cultural, national
and international sources, taking into particular account the linguistic and
other needs of children who belong to a minority group.
Right not to be subjected to torture or other cruel, inhuman or degrading treatment
37. The Committee is deeply concerned about cases of violence among children
and young adults placed in homes for re education and other institutions and
about cases of violence and bullying among children and young adults in social
care institutions.
38. The Committee recommends that the State party take all necessary measures
to prevent acts of violence in homes for re education and social care institutions.
In accordance with the recommendation of the Committee against Torture (CAT/C/CR/32/3,
para. 9 (k)), the Committee urges the State party to increase the protection
of children in social care institutions, inter alia by ensuring that violent
acts are reported and investigated and providing adequate support and treatment,
including psychological treatment to victims of such acts.
4. Family environment and alternative care
Guidance and responsibilities for children
39. While taking note of the legislation adopted in the area of the family environment,
the new Family Act and the Social Welfare Act, the Committee remains concerned
that many children are left on their own without proper guidance from parents
and other caregivers. The Committee also remains concerned that supervision
and guidance for vulnerable families are not well structured and defined, making
it difficult to monitor the situation.
40. The Committee recommends that further efforts be made to ensure the effective
implementation of the Family Act as regards guidance and responsibility for
the child in light of article 27, paragraph 2. The Committee further recommends
that the State party take all necessary steps and devote adequate resources
to providing ongoing training of the staff of the social welfare centres and
provide for effective administrative, legal and practical measures to ensure
the quality and efficiency of all the activities of these institutions.
Alternative care
41. The Committee expresses its concern that quite a number of children without
parental care or who have lost contact with their families are in institutions
or in foster care and about the low quality of care and treatment provided to
these children. The Committee is also concerned about the apparent insufficient
monitoring of placements.
42. The Committee recommends that the State party give high priority to the
assistance provided to families in order to prevent placement of children in
alternative care. The Committee further recommends that the State party promote
family based assistance in foster care as a form of alternative care and ensure
that institutionalization is used only as a measure of last resort, i.e. that
it is professionally indicated and in the best interests of the child, and conduct
periodic reviews of the placement of children in light of article 25. The Committee
also recommends that the State party develop quality standards of foster care
and significantly decrease the time spent in institutions for children deprived
of parental care. It further recommends that adequate resources be allocated
for the proper functioning and monitoring of the care institutions and foster
care.
Recovery and maintenance
43. While welcoming amendments to the legislation on maintenance, the Committee
is concerned that recovery of maintenance is not sufficiently ensured in practice
and that the related administrative and court proceedings are often too lengthy.
44. The Committee recommends that the State party take further measures to ensure
that legislation on the payment of maintenance is fully implemented, consider
alternative measures to court procedures in this regard and ensure more expeditious
court proceedings and strict enforcement of court orders. The Committee also
recommends that the State party reconsider establishing a fund to provide support
to parents waiting for the decision regarding the maintenance of their child.
Illicit transfer and non-return of children abroad
45. The Committee notes with satisfaction that the State party has ratified
the Hague Convention on the Civil Aspects of International Child Abduction of
1980 but remains concerned that problems persist in the implementation of this
Convention.
46. The Committee recommends that the State party apply the Hague Convention
to all children abducted to Croatia and encourage other States that are not
yet a party to the Hague Convention to ratify or accede to this treaty and,
if necessary, conclude bilateral agreements to deal adequately with international
child abduction. It further recommends that professionals dealing with this
kind of case receive adequate and ongoing training and that maximum assistance
be provided through diplomatic and consular channels, in order to solve cases
of illicit transfer.
Adoption
47. The Committee notes that the State party has not ratified the Hague Convention
on Protection of Children and Cooperation in respect of Intercountry Adoption
of 1993 and that there is little information about the rules and procedures
on intercountry adoption and on how article 21 and other related provisions
of the Convention are implemented in this respect.
48. The Committee recommends that the State party ratify the Hague Convention
on Protection of Children and Cooperation in respect of Intercountry Adoption
and ensure that domestic adoption is carried out in full compliance with the
best interests of the child and the appropriate legal guarantees and procedures
spelled out in the Convention.
Abuse, neglect, maltreatment
49. The Committee welcomes the adoption of the Law on the Protection against
Domestic Violence (2003), which prohibits corporal punishment within the family,
and of various other legal instruments to prevent and combat domestic violence
(e.g. Criminal Code, Family Act) but remains concerned about incidents of domestic
violence.
50. In light of article 19 of the Convention, the Committee recommends that
the State party:
(a) Undertake a comprehensive study on violence, more particularly, on sexual
abuse and violence at home and in school, in order to assess the extent, causes,
scope and nature of these violations;
(b) Strengthen awareness-raising and education campaigns with the involvement
of children in order to prevent and combat child abuse and promote positive,
non-violent forms of discipline and respect for children’s rights, while
raising awareness about the negative consequences of corporal punishment;
(c) Evaluate the work of existing structures and provide training to the professionals
involved in these types of case;
(d) Strengthen measures to encourage reporting of instances of child abuse and
prosecute the authors of these acts;
(e) Provide care, full physical and psychological rehabilitation and reintegration
for child victims of violence.
5. Basic health and welfare
Health, health-care services
51. The Committee notes the efforts made by the State party to improve its health-care
system, e.g. the new Health Insurance Law (2002), but remains concerned about
the lack of data about children’s health status, in particular children
of ethnic and minority groups, and that medical coverage is not ensured for
every child. It is also concerned about the effective implementation of breastfeeding
programmes and that the “happy baby package” contains material that
is not consistent with the International Code of Marketing of Breastmilk Substitutes.
The Committee is also concerned about the information that mothers are not allowed
to stay with their hospitalized children free of charge unless the child is
less than 6 months of age.
52. The Committee recommends that the State party undertake all necessary measures
to ensure that all children enjoy equal access to and quality of health services,
with special attention to children from ethnic and minority groups, especially
Roma children. The Committee also recommends that the State party enhance its
efforts to promote proper breastfeeding practices, including by complying with
the International Code of Marketing, and ensure the effective implementation
of breastfeeding programmes in accordance with international standards. It also
recommends that children not be separated from their parents when they are hospitalized.
Adolescent health
53. The Committee notes the efforts undertaken by the State party with regard
to drug abuse by adolescents but remains concerned at the increasing number
of cases, the increase in sharing syringes among drug users, the lack of an
integrated strategy against drug abuse and the apparent inadequacy of treatment
facilities to deal with drug additions. The Committee is also concerned at the
increasing alcohol and tobacco consumption by adolescents and the lack of programmes
for the prevention of suicide among adolescents. The Committee is also concerned
that adolescents have a low perception of the risks of contracting HIV and other
STDs.
54. The Committee recommends that the State party:
(a) Enhance its efforts to address adolescent health issues and ensure that
the programmes for adolescent health are effectively implemented, including
through the provision of adequate resources;
(b) Take into account General Comment No. 4 (2003) on adolescent health and
development;
(c) Develop programmes to prevent and combat HIV/AIDS, taking into account the
Committee’s General Comment No. 3 on HIV/AIDS and the rights of children
(2003);
(d) Develop mental health programmes and services for, inter alia, the prevention
of drugs and alcohol abuse, and tobacco use, and programmes for the prevention
of suicide and to enhance the quality of the treatment facilities;
(e) Ensure that adolescents have access to child-sensitive and confidential
counselling services;
(f) Seek technical cooperation and advice from UNICEF and WHO.
Right to an adequate standard of living
55. The Committee notes the measures undertaken by the State party to increase
economic growth, but remains concerned at the widespread prevalence of poverty
in Croatian society, which affect in particular families with more than one
child, families headed by women and minority families, including Roma families
and families of foreign origin, and in areas that were affected by armed conflict.
56. The Committee, in line with its previous recommendations (para. 31) recommends
that the State party:
(a) Take all necessary measures to the “maximum extent of … available
resources” to accelerate the elimination of child poverty, notably to
eliminate the disparities between the different regions of the country;
(b) Continue to provide material assistance and support to economically disadvantaged
families, notably Roma families and families of foreign origin, in order to
guarantee the right of children to an adequate standard of living;
(c) To include in the poverty reduction strategy specific programmes addressing
the particular difficulties faced by poor children.
6. Education, leisure and cultural activities
57. While noting the efforts made by the State party with regard to education,
e.g. the 2001 Law on the Changes and Amendments of the Primary Education Law,
it remains concerned about the different access to education of children belonging
to minority and the most vulnerable groups, including Roma children, children
living in poverty, children with disabilities and foreign children, which hampers
their full enjoyment of a system of education adequate to their values and identity.
The Committee is also concerned that the education system and its organization
remain very centralized and that human rights education is not included in the
curricula. Finally, the Committee is concerned about the shift system of instruction
and the poor equipment and school facilities in many parts of the country.
58. The Committee recommends that the State party:
(a) Take all necessary measures to ensure that articles 28 and 29 of the Convention
are fully implemented, in particular with regard to children belonging to the
most vulnerable groups (i.e. minority groups, children living in poverty, etc.);
(b) Ensure the implementation of the National Programme for Roma, providing
it with adequate human and financial resources and with periodic evaluation
of its progress;
(c) Allocate more funds to reduce the number of shifts in schools and to improve
the quality of education in the whole country in order to achieve the goals
set out in article 29, paragraph 1, of the Convention and in the Committee’s
General Comment No. 1 (2003) on the aims of education;
(d) Ensure that human rights education, including children’s rights, is
included in the school curricula and that materials are available in the different
languages used in schools, and that teachers have the necessary training;
(e) Take measures to move towards decentralization;
(f) Adopt teaching methods that encourage child-centred learning and more active
participation by children;
(g) Take the necessary measures to integrate children with disabilities in the
mainstream education system, including vocational education, and in society;
(h) In the light of article 29 on the aims of education, establish adequate
programmes and activities with a view to creating an environment of tolerance,
peace and understanding of cultural diversity in order to prevent intolerance,
bullying and discrimination in schools and in society at large.
7. Special protection measures
Refugee and displaced children
59. The Committee notes the adoption of a new Asylum Law (2003) and the progress
achieved in the area of asylum, but remains concerned about the delay in its
effective implementation.
60. In line with the recommendation of the Committee on the Elimination of Racial
Discrimination (CERD/C/60/CO/4, para. 13), and while noting the challenges confronted
by the State party in meeting the needs of a large number of refugees, returnees
and displaced persons, most of whom are children, the Committee remains concerned
that return is still hindered by administrative impediments and hostile attitudes
on the part of some national and local officials. The Committee expresses its
concern about the difficult access to education and health care for refugee
and internally displaced children.
61. The Committee recommends that the State party ensure the effective implementation
of the new Asylum Law and that refugee and asylum-seeking children have access
to basic services such as education and health, and that there is no discrimination
in benefit entitlements for asylum-seeking families that could negatively affect
children.
62. The Committee also recommends that the State party take effective measures
to resolve the problem of property owners, most of whom are Serbs, returning
to their homes before their occupiers (refugees and displaced persons) have
been able to find alternative shelter, and that further efforts be undertaken
to facilitate the return of refugees and displaced persons. It also recommends
that effective measures be undertaken to ensure that displaced children have
equal access to education and health care.
63. The Committee further recommends that the State party introduce specific
laws or administrative regulations or directives that provide special procedures
and address special needs of unaccompanied asylum-seeking and refugee children,
and in particular ensure that these children have proper accommodation.
Children in armed conflicts
64. The Committee welcomes the State party’s ratification of the Optional
Protocol on the involvement of children in armed conflict in 2002 and notes
the efforts undertaken by the State party to provide psychological and social
assistance for children who have been affected by armed conflict. However, it
remains concerned about the lack of systematic research on the situation of
children affected by armed conflict, including follow-up monitoring measures.
The Committee is also concerned about the lack of compensation provisions for
those children.
65. The Committee recommends that the State party:
(a) Undertake a comprehensive study on children affected by armed conflict in
order to assess the extent and scope and the population affected by the problem
and identify the consequences and the recovery and remedial measures needed;
(b) Strengthen awareness-raising campaigns with the involvement of children;
(c) Evaluate the work of existing structures and provide training to the professionals
involved in the programmes;
(d) Extend psychological and social assistance for the children who have been
affected by armed conflict;
(e) Take effective measures to ensure that the affected children receive adequate
compensation.
Trafficking and sexual exploitation
66. While welcoming the measures taken by the State party to prevent and raise
awareness of the problem of trafficking in persons, including the establishment
of the National Committee for the Prevention of Trafficking in Persons responsible
for formulating and implementing the National Plan for the Prevention of Trafficking
in Persons, it remains concerned about the effective implementation of the Plan
and at the lack of statistical data and specific information on measures undertaken
to combat trafficking.
67. In light of article 34 and other related articles of the Convention, the
Committee recommends that the State party further strengthen its efforts to
identify, prevent and combat trafficking in children for sexual and other exploitative
purposes, including by undertaking studies to assess the nature and magnitude
of the problem and allocating sufficient resources to this field, in accordance
with the Declaration and Agenda for Action and the Global Commitment adopted
at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation
of Children.
Administration of juvenile justice
68. The Committee welcomes the amendments to the Family Act (2003), the Criminal
Code (1999) and the Act on Juvenile Courts (2002) aimed at harmonizing the administration
of juvenile justice with relevant international human rights standards, but
remains concerned about the quality of the relevant institutions and the reports
of incidents of violence in detention centres, and that persons below 18 in
detention or custody are kept with adults up to the age of 27.
69. The Committee recommends that the State party ensure the full implementation
of juvenile justice standards, in particular articles 37, 39 and 40 of the Convention,
and other United Nations standards in this field such as the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty and the Vienna Guidelines for Action on Children in
the Criminal Justice System, and in light of the Committee’s day of general
discussion on the administration of juvenile justice held in 1995. In particular,
the Committee recommends that the State party:
(a) Ensure that deprivation of liberty is used only as a measure of last resort
and for the shortest possible time, that guarantees of due process are fully
respected and that persons under 18 are not detained with adults;
(b) Protect the rights of children deprived of their liberty and improve their
conditions of detention and imprisonment, notably by establishing special detention
centres for persons below 18 with conditions suitable to their age and needs
and by ensuring the existence of social services in all the juvenile detention
centres in the country;
(c) Undertake training programmes on relevant international standards for all
professionals involved in the system of juvenile justice;
(d) Request technical assistance in the area of juvenile justice and police
training from, among others, OHCHR and UNICEF.
Minorities
70. The Committee notes the measures undertaken by the State party to improve
domestic legislation with regard to minority rights, e.g. the Constitutional
Law on the Rights of National Minorities, but remains concerned that these legal
instruments are not effectively implemented. It is also concerned about continuing
problems of ethnic discrimination and intolerance, particularly concerning the
Roma and other minority groups, e.g. Serbs and Bosniaks.
71. The Committee reiterates its recommendation that the State party should
take effective measures to encourage the protection of the rights of children
belonging to minority groups and eliminate the impunity enjoyed by those who
harass these groups. It also recommends that the State party undertake special
measures to stimulate a process of reconciliation and confidence-building, including
wide-ranging educational and awareness raising campaigns.
8. Follow-up and dissemination
Follow-up
72. The Committee recommends that the State party take all appropriate measures
to ensure full implementation of the present recommendations, inter alia by
transmitting them to the members of the Council of Ministers, the Cabinet or
a similar body, the Parliament, and provincial or local governments and parliaments,
when applicable, for appropriate consideration and further action.
Dissemination
73. The Committee further recommends that the second periodic report, the written
replies submitted by the State party and the related recommendations (concluding
these observations) adopted by the Committee be made widely available, including
(but not exclusively) through the Internet, to the public at large, civil society
organizations, youth groups, professional groups and children in order to generate
debate and awareness of the Convention, its implementation and monitoring.
9. Periodicity of submission of reports
74. Finally, in light of the recommendation on reporting periodicity adopted
by the Committee and described in its session reports (see CRC/C/114 and CRC/C/124),
the Committee underlines the importance of a reporting practice that is in full
compliance with the provisions of article 44 of the Convention. An important
aspect of States parties’ responsibilities to children under the Convention
is ensuring that the Committee on the Rights of the Child has regular opportunities
to examine the progress made in the Convention’s implementation. The Committee
recommends that the State party submit its next periodic report on 7 October
2008. This report will combine the third and fourth periodic reports. The report
should not exceed 120 pages (see CRC/C/118). The Committee expects the State
party to report every five years thereafter, as foreseen by the Convention.