Distr.

GENERAL

CRC/C/15/Add.93
26 October 1998

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Ecuador.
26/10/98.

CRC/C/15/Add.93.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Nineteenth
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: Ecuador

1. The Committee
considered the initial report of Ecuador (CRC/C/3/Add.44) at its 479th to 481st
meetings (see CRC/C/SR.479-481), held on 22 and 23 September 1998, and adopted*
the following concluding observations.

* At the 505th meeting, held on 9 October 1998.

A. Introduction

2. The Committee welcomes the submission of the initial report of the State
party. Though the report was constructive and comprehensive, the Committee
regrets that it did not strictly follow the guidelines. The Committee also takes
note of the written replies to the list of issues (CRC/C/Q/ECU/1) and the
additional information provided to it in the course of the dialogue, which
enabled it to assess the situation of the rights of the child in the State
party. The Committee welcomes the frank, self-critical and cooperative tone of
the dialogue the State party's delegation undertook with the Committee. However,
it regrets the absence of a delegation from the capital, directly involved in
the implementation of the Convention in the State party.

B. Positive aspects

3. The Committee welcomes the recent adoption by the State party of a
National Plan for Human Rights (March 1998) and welcomes the expanded provisions
for the protection of human rights, including the promotion and protection of
the rights of the child.

4. The Committee notes with appreciation the enactment of the new
Constitution (August 1998), which includes provisions for the promotion and
protection of human rights, including the rights of the child.

5. The Committee welcomes the measures taken by the State party to include
the teaching of the Convention in the school curricula and for the establishment
of bilingual education programmes for indigenous children.

6. The Committee notes with appreciation the establishment of the "Alcaldes
Defensores de los Niños" programme (City Mayors for the Defence of Children).

7. The Committee welcomes the implementation of international cooperation
programmes to facilitate the full implementation of the Convention on the Rights
of the Child, especially in the field of human rights training. Additionally, it
welcomes the willingness of the State party to engage in further technical
cooperation in the field of the right to development.

8. The Committee also welcomes the accession (1995) of the State party to the
Hague Convention of 1993 on the Protection of Children and Cooperation in
Respect of Intercountry Adoption and to ILO Convention No. 169 concerning
Indigenous and Tribal Peoples.

C. Factors and difficulties impeding the implementation
of the Convention

9. The Committee notes that natural disasters, in particular the
climatological phenomenon known as "El Niño", have had a negative impact on the
most vulnerable sectors of the population, including children, especially owing
to the damage caused in the agriculture sector and to infrastructure.

10. The Committee also notes the negative impact on children of economic
factors such as structural adjustment and external debt.

11. The Committee notes that widespread poverty, longstanding socio-economic
disparities and uneven land distribution within the State party affect the most
vulnerable groups, including children, and hamper the enjoyment of the rights of
the child in the State party.

D. Principal subjects of concern and Committee
recommendations

12. While the Committee notes the enactment of the Children's Code (1992) and
of the recent constitutional reform, it remains concerned that disparities still
exist between the principles and provisions of the Convention and domestic
legislation. The Committee recommends the State party take all appropriate
measures to facilitate the process of full harmonization of domestic legislation
with the principles and provisions of the Convention, especially taking into
account the holistic nature of this treaty.

13. The Committee expresses its concern at the lack of adequate coordination
between various governmental entities dealing with children issues, both at the
national and local levels. The Committee recommends that the State party take
further steps to reinforce, within the framework of the National Plan for Human
Rights, the existing coordinating mechanisms (for example, the National
Commission for Children (CONAME)), including at the municipal level, in order to
strengthen coordination between the various governmental bodies involved in
children's rights. Greater efforts should be made to ensure closer cooperation
with non-governmental organizations working in the field of human rights, in
particular the rights of the child.

14. The Committee is concerned about the absence of an adequate, systematic,
comprehensive and disaggregated data collection mechanism, for all areas covered
by the Convention, especially addressing the most vulnerable groups of children,
including children born out of wedlock, children belonging to indigenous groups,
Afro-Ecuadorian children, children living in institutional care, children living
and/or working on the streets, girl children and children living in rural areas.
It recommends that the State party develop a comprehensive system for collecting
disaggregated data, in order to gather all necessary information on the
situation of children in the various areas covered by the Convention, including
children belonging to vulnerable groups, as a basis for assessing progress
achieved in the realization of children's rights and to help design policies for
better implementation of the provisions

of the Convention. The Committee encourages the State party to consider
seeking international cooperation to this effect from, inter alia,
UNICEF.

15. The Committee expresses its concern regarding recent budget cuts which
have had a negative impact on the provision of social programmes, especially
those relating to children. The Committee encourages the State party to pay
particular attention to the full implementation of article 4 of the Convention
and to ensure the appropriate distribution of resources at the local and central
levels. Budgetary allocations for the implementation of economic, social and
cultural rights should be ensured to the maximum extent of available resources
and, where needed, within the framework of international cooperation, as well as
in the light of the principles of non-discrimination and the best interests of
the child (arts. 2 and 3 of the Convention). The Committee also recommends that
the State party take all available measures for the full implementation and
systematic monitoring of the National Plan of Action for Children.

16. While recognizing the efforts of the State party to disseminate the
Convention and to train professionals working for and with children on the
provisions and principles of the Convention, as well as to translate the
Convention into the Quechua and Shuar languages, the Committee is of the view
that these measures need to be reinforced. The Committee also remains concerned
at the lack of adequate and systematic training for professional groups working
with and for children. It encourages the State party to strengthen its efforts
to disseminate the principles and provisions of the Convention as a measure to
sensitize society about children's rights. Furthermore, training on the
Convention should be conducted for professional groups, such as judges, lawyers,
law enforcement and army officials, civil servants, teachers, personnel working
in institutions and places of detention for children, health personnel,
including psychologists, and social workers. Dissemination of the provisions and
principles of the Convention to non-governmental organizations, the mass media
and the public at large including children themselves should be enhanced.

17. With regard to the implementation of article 1 and related articles of
the Convention regarding the definition of the child, the Committee is concerned
about the disparities existing in domestic legislation. The Committee is also
concerned at the use of the biological criterion of puberty to set different
ages of maturity for boys and girls. This practice is contrary to the principles
and provisions of the Convention and constitutes a form of gender-based
discrimination which affects the enjoyment of all rights. The Committee
recommends that the State party review its domestic legislation to ensure full
conformity with the principles and provisions of the Convention.

18. While acknowledging the measures taken by the State party, the Committee
is still concerned at the predominance of discrimination on the basis of ethnic
origin, gender, social status and disabilities. The Committee expresses its
concern at the increasing disparities between rural and urban areas, as well as
at the growing number of the population living in urban poor and marginalized
areas. In the light of the general principle of non-discrimination (art. 2 of
the Convention), the Committee recommends that the State party continue taking
all available measures to reduce economic and social disparities, including
those between rural and urban areas. Measures to prevent discrimination against
the most disadvantaged groups of children, including children belonging to
indigenous communities, Afro-Ecuadorian children, girl children, children with
disabilities, children born out of wedlock, children in institutional care, and
children living and/or working on the streets should be reinforced.

19. The Committee is concerned that the general principles of the best
interests of the child (art. 3) and respect for the views of the child (art. 12)
are not fully applied and duly integrated into the policies and programmes of
the State party. The Committee recommends that further efforts be made to ensure
that domestic laws take fully into account the principles of the best interests
of the child and respect for the views of the child, and his or her right to
participate in the family, at school, in other institutions and in society in
general. These principles should also be reflected in all policies,
administrative decisions and programmes relating to children.

20. While the Committee takes note of the measures taken by the State party
in the area of birth registration, it remains concerned at the lack of awareness
and understanding on registration procedures, especially in rural areas. In the
light of article 7 of the Convention, the Committee recommends that the State
party continue with its efforts to ensure the registration of all children
immediately after birth. Furthermore, the Committee encourages the State party
to ensure, in cooperation with non-governmental organizations and with the
support of intergovernmental organizations, that birth registration procedures
are widely known and understood by the population at large.

21. The Committee is deeply concerned at the information provided in the
State party's report that "child abuse is a culturally accepted and justified
practice". In this regard, it expresses its concern at the insufficient
awareness regarding the harmful consequences of ill-treatment and abuse,
including sexual abuse, both within and outside the family. Concern is also
expressed at the insufficient resources, both financial and human, as well as at
the lack of adequately trained personnel to prevent and combat such abuse. The
insufficiency of rehabilitation measures and facilities for such children and
their limited access to justice are also matters of concern. In the light of,
inter alia, articles 19 and 39 of the Convention, the Committee
recommends that the State party take all appropriate steps, including setting up
social programmes and introducing rehabilitation measures to prevent and combat
child abuse and ill-treatment of children within the family, at school and in
society at large. It suggests that law enforcement should be strengthened with
respect to such crimes and that adequate procedures and mechanisms to deal with
complaints of child abuse should be developed. Furthermore, educational
programmes should be established to combat traditional attitudes within society
regarding this issue. The Committee encourages the State party to consider
seeking international cooperation to this effect from, inter alia, UNICEF
and international non-governmental organizations.

22. While the Committee notes the State party's efforts to reduce the infant
mortality rate and the under-five mortality rate, it is still concerned about
the prevalence of malnutrition, high rates of maternal mortality and the limited
access to health services in remote rural areas. It suggests that the State
party allocate appropriate resources and consider seeking technical assistance,
when needed, to reinforce its efforts to make basic health care accessible to
all children. In particular, concerted efforts are required to combat
malnutrition and ensure the adoption and implementation of a national
nutritional policy for children. International cooperation for the establishment
of programmes such as the WHO/UNICEF "Integrated Management of Childhood
Illness" is recommended. In addition, the Committee recommends that
breastfeeding be promoted in all health facilities and among the public at
large.

23. With regard to adolescent health, the Committee is particularly concerned
at the high and increasing rate of teenage pregnancy, the incidence of suicides
by girls and insufficient access by teenagers to reproductive health education
and counselling services, including outside of schools. The Committee is also
concerned at the increasing rate of substance abuse. It suggests that a
comprehensive and multidisciplinary study be undertaken on adolescent health
problems as a basis for promoting adolescent health policies and strengthening
reproductive health education and counselling services. The Committee also
recommends that further efforts be undertaken to develop child-friendly
counselling services, as well as care and rehabilitation facilities for
adolescents. Measures to prevent and combat substance abuse among adolescents
should be strengthened.

24. The Committee expresses its concern at the high incidence of
environmental threats, including to the health of children, in particular in oil
exploitation areas of the Amazonia region. In the light of article 24 (c) of the
Convention, the Committee recommends that the State party take all appropriate
measures, including seeking international cooperation, to prevent and combat the
damaging effects of environmental degradation, including pollution, on children.

25. With regard to the implementation of article 27 of the Convention, the
Committee is concerned about the widespread poverty and deteriorating living
conditions affecting the majority of the population in the State party. It
recommends that the State party take comprehensive measures to establish poverty
alleviation programmes with special emphasis on the access to health care and
education of children, in particular the most vulnerable groups of children.

26. Although the Committee is aware of the State party's achievements in the
field of education, it remains concerned at the high drop-out rate between
primary and secondary school and the high repetition rate at both levels, at the
gender disparities in secondary school enrolment and at disparities in access to
education between rural and urban areas. It recommends that the State party
strengthen its educational policies and system in order to reduce gender and
geographical disparities and to establish retention programmes and vocational
training for drop-out students.

27. Though the Committee is aware that the reform of the primary education
curricula has included measures to fulfil the rights of the child to leisure and
recreational and cultural activities, it remains concerned about the
insufficiency of these measures, in particular for children living in urban-poor
and rural areas. In the light of article 31 of the Convention, the Committee
recommends that the State party strengthen its measures to improve children's
access to leisure and to recreational and cultural activities, especially for
the most vulnerable groups of children.

28. While the Committee acknowledges the State party's policies for the
protection of refugees, it remains concerned at the lack of specific provisions
in its domestic legislation concerning the rights of asylum seeking and refugee
children and the right to family reunification. In the light of article 22 of
the Convention, the Committee recommends that the State party undertake
appropriate measures to adopt legislation to protect all the rights of asylum
seeking and refugee children. Technical assistance from the Office of the United
Nations High Commissioner for Refugees (UNHCR) could be requested in this
regard.

29. The Committee is concerned at the insufficient measures addressing the
issues of child labour and economic exploitation, including domestic labour and
sexual exploitation of children. In this regard, the lack of data and research
is also a matter of concern to the Committee. The Committee is further concerned
at the increasing number of children living and/or working on the streets, who
require special attention because of the risks they are exposed to. The
Committee recommends that the State party give specific attention to undertaking
research on and monitoring the situation of children living and/or working on
the streets and those involved in hazardous labour, including domestic service
and prostitution. The Committee also recommends that the State party develop
national policies on the prevention and the elimination of the most hazardous
forms of child labour. The Committee suggests that the State party consider
seeking technical assistance from ILO in this area. In addition, the Committee
encourages the State party to consider ratifying ILO Convention No. 138
concerning minimum age for admission to employment.

30. While the Committee takes note of the State party's efforts to combat the
trafficking and sale of children, it remains concerned about the lack of
preventive measures in this area. Concerning the trafficking of boys and girls
into neighbouring countries for work, including prostitution,

the Committee recommends that measures be taken on an urgent basis, such as a
comprehensive programme of prevention, including an awareness-raising campaign
and educational programmes, in particular in the rural areas and for concerned
governmental officials, and of rehabilitation of the victims. Cooperation with
neighbouring countries is strongly encouraged.

31. The Committee is concerned at the absence of data and of a comprehensive
study on the issue of sexual commercial exploitation of children. In the light
of article 34 and related articles of the Convention, the Committee recommends
that the State party reinforce its legislative framework to protect children
fully from all forms of sexual abuse or exploitation, including within the
family. It also recommends that the State party engage in studies with a view to
designing and implementing appropriate policies and measures, including care and
rehabilitation, to prevent and combat this phenomenon. The Committee recommends
that the State party continue implementing the recommendations formulated in the
Agenda for Action adopted at the 1996 Stockholm World Congress against
Commercial Sexual Exploitation of Children.

32. With regard to the juvenile justice system in the State party, the
Committee is concerned about its full compatibility with articles 37, 39 and 40
of the Convention and with other relevant standards such as the Beijing Rules,
the Riyadh Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty. In particular, the Committee is concerned
that deprivation of liberty is not systematically used as a measure of last
resort only, at the slow pace at which cases are processed, at the insufficient
provision of legal aid for children and at the situation of children under seven
years of age living in prisons with their parents. It recommends that the State
party envisage undertaking further measures to ensure the full compatibility of
the juvenile justice system with the Convention, especially articles 37, 39 and
40 and other relevant United Nations standards. Particular attention should be
paid to ensuring that the deprivation of liberty is only used as a measure of
last resort, that children have access to legal aid and that alternative care
(for example, in foster families) should be provided for children living in
prisons with one of their parents. Training programmes on the relevant
international standards should be conducted for all professionals involved with
the juvenile justice system. In this regard, the Committee further suggests that
the State party consider seeking technical assistance from, inter alia,
the Office of the United Nations 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.

33. The Committee recommends that additional information, taking into account
the concerns expressed during the dialogue held with the State party, be
prepared and submitted to the Committee by April 1999.

34. Lastly, in the light of article 44, paragraph 6, of the Convention, the
Committee recommends that the initial report and written replies submitted by
the State party be made widely available to the public at large and that
consideration be given to publishing the report, 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 on and
awareness of the Convention, its implementation and monitoring within the
Government and the Parliament and among the general public, including concerned
non-governmental organizations.

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