COMMITTEE
ON THE RIGHTS OF THE CHILD 1. The Committee considered the initial
report of the United Kingdom of Great Britain
and Northern Ireland: Dependent Territories
(Hong Kong) (CRC/C/11/Add.9) at its 329th
to 331st meetings held on 2 and 3 October
1996 (see CCR/C/SR.329-331) and, at its
343rd meeting, held on 11 October 1996,
adopted the following observations.
2. The Committee expresses its appreciation
to the State party for the timely submission
of both its report and written responses
to the Committee's list of issues. The Committee
welcomes the information provided by the
delegation in its introductory statement
and for the cooperative spirit which characterized
the dialogue in the Committee.
3. The Committee notes the special situation
facing Hong Kong as a territory over which
there will be a change of sovereignty when
it reverts to the People's Republic of China
on 1 July 1997. The Committee also notes
that matters relating to the continued application
of the Convention to Hong Kong, including
reporting arrangements, are the subject
of discussion between the Government of
the United Kingdom and the Government of
China through the Joint Liaison Group.
4. Note is taken of the enactment of the
Parent and Child Ordinance in 1993 which
removes legal disadvantages that previously
applied to illegitimate children. The Committee
also welcomes the adoption of the Disability
Discrimination Ordinance aimed at promoting
the integration of persons with a disability
into the community.
5. The Committee welcomes the various measures
being taken by the Government to address
the danger of guardians leaving children
unattended at home.
6. Information provided on the operation
by the Social Welfare Department of a telephone
hotline to receive, inter alia, reports
on child abuse cases is noted with appreciation.
The Committee also takes note of the measures
taken to promote awareness of common adolescent
health problems and the telephone hotline
service of the Central Health Education
Unit of the Department of Health, which
has been set up to deal with calls relating
to this issue. The recruitment of secondary
school students as Health Ambassadors in
training programmes on common adolescent
health matters is also noted with great
interest. Equally, the launching of the
new Student Health Service, a programme
designed to cater for the health needs of
schoolchildren aged between 6 and 18, is
warmly welcomed, as is the establishment
of the Health Care and Promotion Fund, which
is designed to step up efforts for health
promotion and disease prevention.
7. The Committee notes with appreciation
the initiatives taken to make hospitals
more baby and child friendly, including
the measures being taken to improve pediatric
ward facilities in hospitals and also to
provide play areas for children in pediatric
wards and areas for parents to stay with
their children in hospital. The Committee
also welcomes the improvements to the Comprehensive
Social Security Assistance Scheme, particularly
with respect to benefits available in implementation
of articles 26 and 27 of the Convention.
8. The Committee welcomes the information
presented by the delegation concerning the
five research projects on children's rights
currently being undertaken by universities
and funded by the Government.
9. The Committee encourages the establishment
of an independent body to consider complaints
against the police in Hong Kong.
10. With the extension of the Convention
to Hong Kong in September 1994 further reservations
to the Convention applicable to the territory
of Hong Kong were deposited by the Government
of the United Kingdom. It is a matter of
regret to the Committee that the State party
has not yet decided to withdraw its reservations,
particularly as they relate to the issues
of working hours for children, of juvenile
justice and of refugees.
11.
The Committee welcomes the adoption of
the Bill of Human Rights Ordinance, it
notes however, that this Bill is unentrenched.
The Committee, while knowledging that
the
Bill contains provisions recognizing the
two major human rights Covenants, the
articles
of which also apply to children, considers
it regrettable that the Bill contains
no
specific reference to the Convention on
the Rights of the Child. In the light
of
this, and given the positive steps taken
by the Government to adopt the Equal
Opportunities
Act and establish the Equal Opportunities
Commission, it is also a matter of regret
to the Committee that a similar strategy
as pursued for gender equality has not
been
adopted for the rights of the child. In
view of the Government's commitment to
review
legislation and policy regularly in the
light of the principles and provisions
of
the Convention, the Committee is concerned
that sufficient priority does not appear
to have been given in the reviewing process
to the possibility of establishing an
independent
monitoring body on the rights of the child
and of pursuing an integrated and holistic
approach to the adoption of legislation
on the rights of the child.
12. While noting the positive steps taken
to establish various mechanisms for the
execution of policy and programmes for the
implementation of the provisions of the
Convention, the Committee remains concerned
about the adequacy of coordination activities
between concerned governmental institutions
to ensure that the rights of the child are
given priority.
13. The Committee is concerned that insufficient
measures have been taken to ensure the fullest
implementation of the general principles
of the Convention, in particular those contained
in articles 3 and 12, especially in the
choice, formulation and application of policy
measures to promote and protect the rights
of the child. In this regard it is noted
that a system for integrating a child impact
analysis into policy formulation and decision-making
has not yet been put into place. It is also
the view of the Committee that the persistence
of certain attitudes relating to perception
of the role children should play in the
family, school and society may be delaying
the full acceptance of the implementation
of the provisions of article 12 and 13 of
the Convention in Hong Kong.
14. As regards the situation of illegal
immigrant children from China and the issues
it raises with respect to the question of
families split between Hong Kong and China,
the Committee is concerned that the increase
in permits arranged for these children and
their families, from 105 to 150, is manifestly
insufficient to meet the needs of the estimated
60,000 children currently in China who may
have the right of abode in Hong Kong after
1 July 1997.
15. Despite the measures taken to address
the problems of child abuse, neglect and
the number of accidents affecting children,
these issues continue to give cause for
concern. Equally, adolescent mental health
issues, including the problem of youth suicide,
is a matter of serious concern to the Committee.
16. The Committee is concerned about the
apparent insufficiency of measures to encourage
breast-feeding. The Committee notes that
powdered milk for babies continues to be
freely distributed in hospitals, contrary
to international guidelines on this matter.
Equally, the extent to which the statutory
provisions relating to, inter alia,
maternity leave and conditions of employment
for nursing mothers are compatible with
the principles and provisions of the Convention
remains a matter of concern to the Committee.
17. The Committee is of the view that insufficient
attention appears to have been given to
the implementation of article 29 of the
Convention, particularly in respect of according
human rights education the necessary status
within school curricula.
18. The broad question of the treatment
of Vietnamese children in detention centres
in Hong Kong deeply concerns the Committee.
It is the observation of the Committee that
these children have been and continue to
be the victim of a policy designed to discourage
further refugees from coming into the area.
While it is granted that the situation is
a complex one, the policy of the continued
detention of these children is incompatible
with the Convention.
19. In addition, the Committee is of the
view that the low age of criminal responsibility
is not in conformity with the principles
and provisions of the Convention and regrets
the decision not to raise the age of criminal
responsibility.
20.
The implementation of the principles
and provisions of the Convention requires
that priority be given to children's
issues,
particularly in the light of the principle
of the "best interests of the child"
and of the fact that Governments have, in
international forums, agreed to the principle
of "First call for children",
including in the final document adopted
by the World Conference on Human Rights.
It is recommended, therefore, that in the
formulation of policy options and proposals
there should be an accompanying assessment
of its impact on children so that decision
makers can be better advised when formulating
policy as to its effect on the rights of
the child. It is also suggested that steps
be taken to reflect and duly take into
account
in national legislation the holistic and
comprehensive approach to the implementation
of the rights of the child recommended
by
the Committee. The Committee recommends
the establishment of an independent mechanism
specifically to monitor the implementation
of government policy in relation to the
rights of the child. It is noted that an
independent mechanism could also play an
important role in informing the public
and
legislature of the action being taken for
the rights of the child. The Committee
also
recommends that children's rights be fully
integrated into the discussions on issues
concerning the transfer of sovereignty
over
Hong Kong and be accorded high priority
in the dialogue on these and related matters
in the Joint Liaison Group.
21. The Committee encourages efforts to
involve civil society and non-governmental
organizations more closely in the monitoring
and implementation of the Convention, including
with respect to the development of a comprehensive
strategy for children in Hong Kong.
22. As part of the ongoing efforts to promote
and protect the rights of the child, particularly
in relation to the implementation of article
4 of the Convention, the Committee recommends
that a further assessment be undertaken
of the effectiveness of the present system
of institutional coordination of policies
and programmes on the rights of the child,
especially with regard to child abuse. Moreover,
the Committee would like to suggest that
the collection and analysis of statistical
data by age group be guided by the provisions
of article 1 of the Convention. The Committee
further suggests that consideration be given
to undertaking or encouraging research on
the development and use of indicators to
monitor the progress of the implementation
of all the principles and provisions of
the Convention.
23. In connection with the ongoing efforts
to raise awareness of human rights and children's
rights among the population of Hong Kong,
the Committee suggests that consideration
be given to taking further measures to inform
the general public about the Convention
on the Rights of the Child and to incorporate
education about human rights and children's
rights in training programmes for professionals.
The Committee encourages the incorporation
of questions on the awareness and understanding
of the public of the Convention and its
principles and provisions in future civic
awareness surveys.
24. The Committee would like to suggest
that further consideration be given to evaluating
the effectiveness of measures to raise awareness
for the prevention and combating of discrimination
and promoting tolerance, particularly with
respect to discrimination on the grounds
of gender, ethnic origin, discrimination
against disabled children and children born
out of wedlock.
25. With respect to the implementation
of article 12 of the Convention, the Committee
encourages the undertaking of a study, from
the perspective of children as bearers of
rights, on the subject of children's participation
in the family, school and society with a
view to the formulation of recommendations
on this matter.
26. The Committee recommends that further
measures need to be taken to address the
issue of illegal immigrant children from
China, especially with respect to the difficulties
arising from families split between Hong
Kong and China. It is the Committee's view
that, in the light of the best interests
of the child, action should be taken on
an urgent basis to reduce the waiting period
for family reunification, to raise the quota
of permits and to consider other measures
to deal with the problems that will arise
in the future.
27. The Committee wishes to acknowledge
once again the important efforts taken to
deal with the question of child abuse. Notwithstanding
this, the Committee is of the view that
the prevention of this violation of children's
rights requires further attitudinal changes
in society, not only as regards the non-acceptance
of corporal punishment and physical and
psychological abuse but also greater respect
for the inherent dignity of the child.
28. Despite the recent increase in the
number of social workers employed for child
abuse cases, it is the view of the Committee
that the case-load of each professional
may still be too high and the question of
taking additional action to address such
matters deserves further study. The Committee
encourages the efforts made to accord high
priority to and pursue more intensely the
establishment of day care centres in the
community, including as a measure to prevent
children being left unattended at home.
In addition, the Committee encourages the
initiative taken to ensure within future
reviews of the Family Life Education Programme
an assessment of its effectiveness in preventing
child abuse.
29. With respect to improving the situation
of disabled children, the Committee encourages
the efforts being undertaken to integrate
disabled children into regular schools,
including through investmnet in structural
changes to schools and support to the training
of teachers to assist them in adjusting
and adapting their teaching methods to the
needs of disabled children.
30. The Committee recommends that a review
be undertaken of the effectiveness of measures
in place to support the policy of promoting
and encouraging breast-feeding. It is recommended
that the question of the free distribution
of powdered milk for babies in hospitals,
as well as the compatibility of conditions
of employment with the obligation laid down
in the Convention to encourage breast-feeding,
should form an integral part of such a review.
31. The Committee suggests that a review
be undertaken of the possible links between
school pressures and adolescent health problems
in view of the concerns raised on these
issues during its discussion of the report.
The Committee also suggests that the reasons
for suicide among youth and the effectiveness
of programmes for the prevention of suicide
among children deserve further study.
32. The Committee recommends the incorporation
of human rights education, including education
about the Convention on the Rights of the
Child, as a core curriculum subject in all
schools. The Committee notes that this would
require that sufficient time be allocated
to this subject in the school timetable.
The Committee also wishes to suggest that
an evaluation of human rights awareness
raising and education be undertaken in the
future to determine its effectiveness in
equipping children with tools for life and
in encouraging their decision-making and
ability to think analytically from the perspective
of human rights. The Committee also wishes
to recommend that greater priority be accorded
to the participation of children in school
life, in the spirit of article 12 of the
Convention, including in discussions about
disciplinary measures and curricula development.
Ways and means of ensuring the fuller implementation
of article 31 of the Convention also appear
to deserve further study.
33. With regard to the situation of Vietnamese
children in detention, the Committee recommends
that an evaluation of present and previous
policy on this matter be undertaken, to
ensure that any errors made are not repeated
in the future. The Committee recommends
that for the remaining children in detention
a solution to their situation must be found
in the light of the principles and provisions
of the Convention. It is the view of the
Committee, therefore, that measures must
be taken immediately to ensure a marked
improvement in their conditions of detention
and that other measures to protect these
children in the future must be put in place.
34. The Committee recommends that a review
of legislation in relation to the issue
of the age of criminal responsibility be
undertaken with a view to raising this age
in the light of the principles and provisions
of the Convention.
35. The Committee recommends wide public
distribution and dissemination of the State
party report, the summary records of the
discussion in the Committee and the present
concluding observations.
36. The Committee recommends that the Government
prepare a progress report on the measures
taken to give effect to the suggestions
and recommendations contained in the present
concluding observations by the end of May
1997.
Thirteenth 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: United Kingdom of Great Britain
and
Northern Ireland: Dependent Territories
Hong Kong
A. Introduction
B. Positive aspects
C. Principal subjects of concern
D. Suggestions and recommendations
