UNEDITED VERSION
COMMITTEE ON THE RIGHTS OF THE CHILD
30th 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: TUNISIA
1. At its 788th and 789th meetings (see CRC/C/SR.788 and 789), held on 28
May 2002, the Committee on the Rights of the Child considered the second periodic
report of Tunisia (CRC/C/83/Add.1), which was received on 16 March 1999, and
adopted, at its th meeting, held on 7 June 2002, the following concluding
observations.
A. INTRODUCTION
2. The Committee welcomes the submission of the State party's second periodic
report, which was submitted in a timely manner and prepared in accordance
with the Committee's guidelines for reporting. The Committee furthermore appreciates
the detailed written response to the list of issues (CRC/C/Q/TUN/2), which
was equally submitted in a timely manner. The Committee notes with appreciation
that the well-informed and high-ranking delegation contributed to an informative
and constructive dialogue.
B. FOLLOW-UP MEASURES UNDERTAKEN AND
PROGRESS ACHIEVED BY THE STATE PARTY
3. The Committee notes the State party's commitment to the issue of child
rights and particularly welcomes the adoption of the Child Protection Code,
on 9 November 1995, which entered into force on 11 January 1996, including
the ensuing establishment of delegates for the protection of childhood by
Decret N� 96-1134, the obligatory reporting of danger to children and the
development of a specialized system of juvenile justice . The Committee particularly
welcomes that articles 4 and 10 of the Child Protection Code make express
reference to the best interest of the child as well as respect for the views
of the child, respectively, in line with the previous recommendation of the
Committee (CRC/C/15/Add.39, para. 7). The Committee further notes the establishment
of a child parliament.
4. The Committee welcomes efforts to improve data collection, in line with
previous recommendations (ibid, para. 12), including by enhancing the status
of the National Council for Children by converting it into a Higher Council
under Decree No. 2002-574 of 12 March 2002, and by drafting an annual report
on the situation of the child.
5. In light of the previous recommendations (ibid, para. 9 ) the Committee
further commends the amendment of the Labour Code, raising the minimum age
for admission to employment to 16 years, which is the age for completion of
compulsory education. The Committee notes the series of new laws adopted regarding
children born out of wedlock, and with regard to the joint responsibility
on the part of spouses, as well as policy measures to ensure maintenance following
divorce, measures for the protection of children deprived of a family environment,
and various other steps taken to ameliorate the implementation of the Convention
and to follow-up on the previous dialogue with the Committee.
6. In light of the previous recommendations (ibid, para. 10), the Committee
notes with satisfaction the withdrawal, on 1 March 2002, of Reservation no.
2 with regard to article 40, paragraph 2 (b) (v) and Declaration no. 2, by
which the State party declares that "its undertaking to implement the provisions
of this Convention shall be limited by the means at its disposal."
7. The Committee welcomes the ratification by the State party in 1995 of the
ILO Convention 138 concerning Minimum Age for Admission to Employment and
the ratification in 2000 of ILO Convention 182 concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour.
C. PRINCIPAL SUBJECTS OF CONCERN AND COMMITTEE RECOMMENDATIONS
C.1. GENERAL MEASURES OF IMPLEMENTATION
Committee's previous recommendations
8. The Committee regrets that some of the concerns and recommendations (CRC/C/15/Add.39)
it made upon consideration of the State party's initial report (CRC/C/11/Add.2)
have been insufficiently addressed, particularly those contained in paras.
6, 7, 8, 10, 13, 14, 16 and 17. The Committee notes that those concerns and
recommendations are reiterated in the present document.
9.
The Committee urges the State party to make
every effort to address those recommendations
from the concluding observations of the initial
report that have not yet been implemented
and to address the list of concerns contained
in the present concluding observations on
the second periodic report.
Reservations
10. While welcoming the State party's withdrawal
of Reservation no. 2 with regard to article
40, paragraph 2 (b) (v) and Declaration no.
2, by which the State party declares that
"its undertaking to implement the provisions
of this Convention shall be limited by the
means at its disposal", and noting the statement
by the delegation that consideration will
be given to withdrawing the remaining reservations,
the Committee remains concerned about the
extent of reservations and declarations made
to the Convention by the State party. In particular,
the Committee reiterates that the reservation
relating to the application of article 2 appears
to be incompatible with the object and purpose
of the Convention.
11. The Committee, in line with its previous
recommendation, and in light of the Vienna
Declaration and Programme of Action (1993),
encourages the State party to consider reviewing
its reservations and declarations with a view
to withdrawing them, including in particular
the reservations relating to article 2 of
the Convention.
Coordination
12. While welcoming the efforts made in the
area of coordination, the Committee observes
that the effectiveness in practice of the
Higher Council for Children as a mechanism
for coordination remains unclear.
13. The Committee recommends that the State
party make every effort to ensure the effectiveness
of the Higher Council for Children, the status
of which was recently enhanced. It reiterates
its previous recommendation to the State party
to strengthen the efficiency and the effectiveness
of coordination between the central Government
and the governorates (ibid, para. 13).
Data collection
14. While noting the significant efforts of
the State party to collect reliable data on
the situation of children, and particularly
the preparation of an annual report on the
situation of the child, the Committee regrets
in particular the maintenance of a sectoral
approach to data collection and monitoring.
15. The Committee recommends the State party
to:
a) Conduct impact assessments regarding the
annual report on the situation of the child,
incorporating all areas of the Convention
b) Develop an integrative approach to data
collection and monitoring;
c) seek technical assistance from, inter
alia, UNICEF, UNFPA and UNDP in this regard.
Independent monitoring structures
16. The Committee welcomes the creation of
the "Information, Training, Documentation
and Study Observatory" in February 2002, and
the appointment of delegates who play an important
role in the protection of children and in
receiving complaints. However, the Committee
notes the need to establish a monitoring mechanism
of an independent nature, in line with its
previous recommendation for the State party
(ibid, para. 8).
17. The Committee encourages the State party
to:
a) establish an independent national human
rights institution in accordance with the
Paris Principles relating to the status of
national institutions (A/RES/48/134), to monitor
and evaluate progress in the implementation
of the Convention at the national and, if
appropriate, at the local levels, including
implementation by the private sector and NGOs
as providers of services to children. This
institution should be empowered to receive
and investigate individual complaints of violations
of child rights in a child-sensitive manner,
and effectively address them; and
b) seek technical assistance from, inter
alia, the Office of the High Commissioner
for Human Rights, and UNICEF.
Training/Dissemination of the Convention
18. While noting with appreciation the efforts
undertaken by the State party to widely publicize
the principles and provisions of the Convention,
including the broadcasting of information
through the media and the integration of parts
of the Convention in school curricula, the
Committee is of the opinion that the measures
to create widespread awareness and understanding
of all principles and provisions of the Convention
need to be further strengthened and implemented
in an on-going, comprehensive and systematic
basis.
19. The Committee reiterates its recommendation
(ibid, para. 11) to pursue its efforts aiming
at creating awareness of all aspects of the
Convention, and having its basic principles
grasped by the general public, and to continue
training relevant professional groups working
for and with children, in particular parliamentarians,
judges, lawyers, law enforcement officials,
civil servants, municipal workers, personnel
working in institutions and places of detention
for children, teachers, health personnel,
including psychologists, social workers, religious
leaders, as well as children and their parents.
Technical assistance from, among others, OHCHR
and UNICEF could be requested in this regard.
D.2. DEFINITION OF THE CHILD
20. While noting the positive measures taken
to bring the different age requirements into
full compliance with the Convention, and measures
taken to follow-up on the Committee's previous
consideration by raising the minimum age of
admission to employment to 16 years so as
to harmonize it with the age of compulsory
education, the Committee is concerned at the
disparity in the minimum age of marriage for
boys and girls, and particularly the age of
marriage for girls which is set at 17 years,
although noting with appreciation that it
was raised from 15 years.
21. The Committee recommends the State party
to address the disparities in the minimum
age of marriage for boys and girls by raising
the minimum age of marriage for girls.
D.3. GENERAL PRINCIPLES
The right to non-discrimination
22. The Committee welcomes the information
on measures taken to address discrimination
against children born out of wedlock, in line
with the Committee's previous recommendations,
although remaining concerned at the implementation
of legislation in practice. It furthermore
observes that the principle of non-discrimination
(article 2 of the Convention) does not figure
prominently in the new Child Protection Code.
The Committee is deeply concerned that the
principle of non-discrimination is not fully
implemented in practice with respect to several
groups, including on the basis of political
and human rights activities, expressed opinions
or beliefs of children or the child's parents,
as well as with regard to children with disabilities
and children living in less advantaged regions
and rural areas, especially with regard to
their access to health and adequate educational
facilities.
23. In accordance with article 2 of the Convention,
the Committee recommends the State party
a) to make concerted efforts at all levels
to address discrimination, notably discrimination
based on the political and human rights activities,
expressed opinions, or beliefs of children
or the child's parents, legal guardians or
family members, disabilityand national, ethnic,
or social origin, through a review and reorientation
of policies, including increased budgetary
allocations for programmes targeting the most
vulnerable groups;
b) enhance efforts to close gaps in the enjoyment
of rights between different regions as well
as with regard to gaps between urban and rural
communities.
c) to ensure effective law enforcement,
undertake studies and launch comprehensive
public information campaigns to prevent
and combat all forms of discrimination,
in line with the previous recommendation
(ibid, para. 7).
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 a 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 (aims of education).
Respect for the views of the child
25. Taking note of the efforts by the State
party to give effect to the principle of respect
for the views of the child, in particular
its inclusion in the Child Protection Code,
the Committee is nevertheless concerned that
respect for the views of the child remains
limited owing to traditional societal attitudes
towards children in schools, civil courts,
administrative decisions and especially in
the family, as well as concerns regarding
the implementation of arts. 13 and 15, providing
for the right to freedom of expression as
well as the right to freedom of association
and to freedom of peaceful assembly, respectively.
26. The Committee recommends that the State
party
a) promote and facilitate, within the family,
the school, the courts and administrative
bodies, respect for the views of children
and their participation in all matters affecting
them, in accordance with article 12 of the
Convention;
b) develop skills-training programmes in community
settings for teachers, social workers, local
officials and confessional leaders to enable
them to assist children to express their informed
views and opinions and to have them taken
into consideration; and
c) seek assistance from UNICEF among others.
D.4. CIVIL RIGHTS AND FREEDOMS
Right to freedom of expression and peaceful
assembly
27. The Committee is concerned that the rights
to freedom of expression, including to receive
information as well as freedom of association
and peaceful assembly are not fully guaranteed
in practice.
28. The Committee recommends that the State
party take all necessary measures to ensure
the full implementation of the rights to freedom
of expression and to freedom of association
and peaceful assembly in practice, in accordance
with articles 13 and 15 of the Convention.
Right to freedom of thought, conscience
and religion
29. The Committee is concerned about information
brought to its attention, which indicates
that the exercise of the right to freedom
of religion may not always be fully guaranteed,
particularly with regard to regulations prohibiting
the wearing of a headscarf by girls in schools.
30. The Committee recommends that the State
party take all necessary measures to ensure
the full implementation of the right to freedom
of thought, conscience and religion.
Right not to be subjected to torture or
other cruel, inhuman or degrading treatment
or punishment
31. While noting the delegation's statement
as to the complete absence of torture or other
cruel, inhuman or degrading treatment or punishment
in the State party, the Committee remains
extremely concerned at allegations of violations
of the right of the child not to be subjected
to torture or other cruel, inhuman or degrading
treatment or punishment appearing in a number
of reports brought to the attention of the
Committee, particularly in relation to children
of human rights defenders and political opponents.
32. In light of article 37 (a) of the Convention,
the Committee strongly recommends that the
State party
a) enforce, or, when appropriate review existing
legislation, and investigate in an effective
way reported cases of torture and ill-treatment
of children;
b) ensure that alleged perpetrators be transferred
from active duty or suspended while they are
under investigation, dismissed and punished
if convicted, and that court proceedings and
sentences should be publicized;
c) train law enforcement personnel on child
rights issues;
d) in the light of article 39, take all appropriate
measures to ensure the physical and psychological
recovery and social integration of child victims
of torture and/or ill-treatment.
D.5. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE
Violence/abuse/neglect/maltreatment
33. While noting the provision in the Code
of Child Protection regarding ill-treatment
(art. 24) and the relevant provision in the
Penal Code (art. 224), as well as the Ministerial
Circular of December 1997, banning all forms
of corporal punishment and practices hurting
the dignity of children, the Committee is
concerned that, as noted by the delegation,
corporal punishment is only a crime if it
is prejudicial to the health of the child.
It notes with concern that violence as a means
of discipline in the home and at school continues
to be acceptable as a form of discipline in
the State party. The Committee regrets that
no follow-up to the Committee's previous recommendation
has been initiated to protect children from
ill-treatment (ibid, para. 17). The Committee
is furthermore concerned that there is insufficient
information and awareness of domestic violence
and its harmful impact on children.
34. The Committee urges the State party to:
a) take all legislative measures to prohibit
in the most effective way possible all forms
of physical and mental violence, including
corporal punishment and sexual abuse, against
children in the family, in the schools and
in institutions; and furthermore recommends
that the State party:
b) conduct a study to assess the nature and
extent of ill-treatment and abuse of children,
and design policies and programmes to address
it;
c) carry out public education campaigns about
the negative consequences of ill-treatment
of children, and promote positive, non-violent
forms of discipline as an alternative to corporal
punishment;
d) establish effective procedures and mechanisms
to receive, monitor, and investigate complaints,
including intervening where necessary;
e) investigate and prosecute instances of
ill-treatment, ensuring that the abused child
is not victimized in legal proceedings and
his/her privacy is protected;
f) provide care, recovery and reintegration
for victims;
g) train teachers, law enforcement officials,
care workers, judges and health professionals
in the identification, reporting and management
of ill-treatment cases;
h) take into consideration the recommendations
of the Committee adopted on its days of general
discussion on children and violence (CRC/C/100,
para. 688, and CRC/C/111, paras. 701-745);
i) seek assistance from, among others, UNICEF
and WHO.
D.6. BASIC HEALTH AND WELFARE
Children with disabilities
35. While welcoming the extensive legislation
regarding children with disabilities, and
their rights to appropriate education, rehabilitation
and training, the Committee regrets that only
a small number of children with minor disabilities
attend regular schools. The Committee notes
the statement by the delegation, that a strategy
for integration and vocational training for
children with disabilities, as well as a study
on causes of disabilities are in the process
of being completed.
36. The Committee urges the State party to:
a) review existing policies and practice in
relation to children with disabilities, taking
due regard of the Standard Rules on the Equalization
of Opportunities for Persons with Disabilities
(General Assembly resolution 48/96) and of
the Committee's recommendations adopted on
its General Discussion Day on "Children
with Disabilities" (CRC/C/69);
b) undertake greater efforts to promote community-based
rehabilitation programmes and inclusive education;
c) undertake greater efforts in the area of
prevention, by reviewing, inter alia, health
programmes and policies relating to pregnancy,
birth and child health, and
d) seek assistance from, inter alia,
UNICEF, and WHO, and relevant NGOs.
Right to health and healthcare
37. The Committee notes the sustained commitment
by the State party to implement its primary
health policies and the ensuing achievements
in the area of health care, notably the decrease
by 40% of infant and under five child mortality
rates over the past decade, and achievements
in the area of vaccinations, among others.
While noting the delegation's statement that
a plan has been formulated to address the
issue of persisting regional and urban/rural
disparities in the availability and quality
of maternal and child health care services,
the Committee nevertheless remains concerned
at the persistence of this problem as well
as challenges regarding the provision of health
services dealing with adolescent specific
needs.
38. The Committee urges the State party to:
a) reinforce its efforts to allocate appropriate
resources, and develop and adopt, policies
and programmes to improve and protect the
health situation of children, particularly
in the rural regions showing the highest mortality
indicators;
b) ensure equal access to and quality healthcare
to all children, independent of socio-economic
factors;
c) reinforce health services capacities to
address adolescent specific needs;
d) seek technical assistance from, amongst
others, WHO and UNICEF.
D.7. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Education
39. While welcoming the State party's commitment
to making basic education a priority and achieving
virtually universal access to education, the
Committee remains concerned at the repetition
and drop out rates, which, while decreasing,
continue to pose a significant challenge to
the educational system. The Committee is furthermore
concerned at regional disparities in education
as well as the disparity of the illiteracy
rate between urban and rural areas as well
as gender disparities. The Committee is furthermore
concerned at the low enrolment in early childhood
education and the decrease of public early
childhood education centers which may result
in discrimination on the basis of income level.
40. The Committee recommends the State party:
a) to take all appropriate measures, including
the allocation of adequate financial, human
and technical resources, to further improve
education, as stipulated in articles 28 and
29, both with regard to quality as well as
relevance - taking into account General Comment
no.1 on article 29(1) of the Convention (aims
of education) - , and to ensure that all children
enjoy the right to education;
b) to seek to implement additional measures
to promote early childhood education, and
to encourage children to stay in school and
to adopt effective measures to reduce illiteracy
rates;
c) to continue cooperation with the UNESCO
and UNICEF in improving the sector of education.
D.8. SPECIAL MEASURES OF PROTECTION
Economic exploitation
41. While welcoming various measures taken
(see paras. 5 and 7) to address the phenomenon
of child labour, the Committee is concerned
about the lack of specific data and activities
concerning child labour in the State party.
42. The Committee recommends the State party:
a) to take all necessary measures to effectively
prevent and combat child labour, and
b) to report in the next periodic report on
the nature and magnitude of child labour as
well as the measures taken for the implementation
of ILO Conventions 138 and 182.
Sexual exploitation
43. While welcoming the State party's strict
criminal legislation regarding sexual abuse
and exploitation of children, the Committee
is concerned at reports indicating its existence
in the State party, both at home and in the
street. The Committee is further concerned
at the insufficient data on and awareness
of the phenomenon of sexual abuse and exploitation
of children in Tunisia.
44. In light of article 34 and other related
articles of the Convention, the Committee
recommends that the State party undertake
studies with a view to assess the scope of
sexual exploitation of children, including
prostitution and pornography; and implement
appropriate policies and programmes for prevention
and for the rehabilitation,recovery and reintegration
of child victims according to 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 justice
45. The Committee welcomes the adoption of
the Child Protection Code as well as other
legal provisions in the area of juvenile justice.
However, the Committee is concerned at the
failure of the State party to guarantee full
implementation of all provisions (e.g. the
fact that juvenile courts have not yet been
established), in light of reports of detention
and ill-treatment of children, as well as
detention of juveniles with adults, which
has allegedly resulted in sexual abuse or
other ill-treatment.
46. The Committee recommends the State party
to
a) ensure the full implementation of the juvenile
justice system as envisaged in legislation,
in accordance with all relevant provisions
of the Convention, in particular articles
37, 40 and 39, as well as other relevant international
standards in this area, such as the Beijing
Rules, 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;
b) ensure that the deprivation of liberty
is only used as a measure of last resort;
children have access to legal aid and independent
and effective complaints mechanisms; and that
persons under 18 are not detained with adults;
c) treat children or juveniles in conflict
with the law and children or juveniles at
risk in a different and distinct manner so
that they are not placed in the same institutions
with the same regime or restrictions; and
d) seek assistance from, inter alia,
the Office of the High Commissioner for Human
Rights, the Centre for International Crime
Prevention, the International Network on Juvenile
Justice, and UNICEF through the Coordination
Panel on Juvenile Justice.
D.9. OPTIONAL PROTOCOLS TO THE CONVENTION
ON THE RIGHTS OF THE CHILD
47. The Committee encourages the State party
to ratify 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.
D.10. DISSEMINATION OF THE CONVENTION
48. Finally, the Committee recommends that
in accordance with article 44, paragraph 6,
of the Convention, the second periodic report
presented by the State party be made widely
available to the public at large and that
consideration be given to the publication
of the report along with the written answers
to the list of issues raised by the Committee,
the relevant summary records of the discussion,
and the concluding observations adopted thereon
by the Committee following its consideration
of the report. 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, the
Parliament and the general public, including
concerned non-governmental organizations.
