Distr.

GENERAL

CRC/C/15/Add.125
2 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Jordan.
02/06/2000.

CRC/C/15/Add.125.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE
RIGHTS OF THE CHILD

Twenty-fourth 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

JORDAN

1. At its 621st and 622nd meetings
(see CRC/C/SR. 621-622), held on 18 May 2000, the Committee on the Rights of the
Child considered the second periodic report of Jordan (CRC/C/70/Add.4), which
was submitted on 5 August 1998, and adopted, at the 641st meeting, held on 2
June 2000 the following concluding observations.

A. Introduction

2. The Committee regrets that the State party's
report (CRC/C/70/Add.4) was not prepared according to the guidelines established
for the submission of periodic reports. The Committee also regrets the absence
of examples and disaggregated data on the exercise and enjoyment of the rights
contained in the Convention, and insufficient assessment or evaluation of the
actual situation of children in Jordan. The Committee welcomes, however, the
extensive information provided with respect to education, and the detailed
annexes on health and child labour. The Committee appreciates the detailed and
informative responses to the list of issues.

B. Follow-up measures undertaken and
progress achieved by the State party

3. The Committee welcomes Jordan's progress
towards the achievement of most of the goals for the year 2000 laid down in the
Plan of Action for Implementing the World Declaration on the Survival,
Protection and Development of Children in the 1990s.

4. The Committee welcomes the royal decree in
March 2000 establishing the National Committee for Human Rights.

5. The Committee welcomes Jordan's ratification
of major international human rights treaties, including ratification of ILO
Conventions No. 138 concerning the Minimum Age for Admission to Employment and
No. 182 concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labour. The Committee notes the various initiatives in
the area of human rights undertaken by the State party in cooperation with the
international community.

6. The Committee notes that Jordan hosts a large
refugee population, and maintains good cooperation with the international
community in this regard.

C. Factors and difficulties impeding the implementation of
the Convention

7. The Committee notes that economic reforms
have had a severe impact on the economy, and especially on the most vulnerable
segments of society.

8. The Committee notes that population pressures
coupled with a lack of resources, particularly water, in light of the worst
drought in decades have severely affected the population.

9. Noting the universal values of equality and
tolerance inherent in Islam, the Committee observes that narrow interpretations
of Islamic texts by authorities, particularly in areas relating to family law,
are impeding the enjoyment of some human rights protected under the
Convention.

D. Principal areas of concern and
recommendations

1. General measures of implementation

Legislation

10. The Committee observes that the State
party's reservation to articles 20 and 21 of the Convention is superfluous. It
points out that article 20 (3) of the Convention expressly recognizes
kafalah of Islamic law as alternative care, and article 21
expressly refers to those States that "recognize and/or permit" the system of
adoption, which in any case does not apply to Jordan.

11. The
Committee recommends to the State party to withdraw its reservation to articles
20 and 21 of the Convention, in accordance with the Vienna Declaration and
Programme of Action.

12. The Committee is concerned that the broad
and imprecise nature of the reservation to article 14 potentially gives rise to
infringements of the freedoms of thought, conscience and religion, and raises
questions of its compatibility with the object and purpose of the
Convention.

13. In light
of its previous recommendations (CRC/C/15/Add.21), the Committee recommends to
the State party to study its reservation to article 14 with a view to narrowing
it, taking account of the Human Rights Committee's General Comment 22 and
recommendations (CCPR/C/79/Add.35), and eventually, to withdraw it in accordance
with the Vienna Declaration and Programme of Action.

14. Although the Convention is purported to have
the force of law and takes precedence over all legislation except the
Constitution, and courts are expected to accord precedence to it, the Committee
observes that almost 10 years have passed since ratification and the Convention
is not yet published in the Official Gazette.

15. The
Committee recommends to the State party to expedite the publication of the
treaty in the Official Gazette and to take the necessary action to make it
enforceable in the courts, including courts of first instance.

16. The Committee notes the State party's
efforts in preparing a draft Childhood Act and draft amendments to various
legislation to ensure their compliance with the Convention. Nevertheless, the
Committee is concerned that insufficient efforts have been made to secure their
speedy adoption.

17. The
Committee recommends to the State party to ensure that the draft Childhood Act
is in conformity with the principles and provisions of the Convention and to
expedite the passage into law of this and other legislative amendments related
to the provisions of the Convention.

Coordination

18. The Committee notes the establishment of the
National Task Force for Children for the coordination of activities of civil
society through the National Coalition for Children. However, the Committee is
concerned that inadequate administrative coordination and cooperation at the
national and local levels of government is a serious problem in the
implementation of the Convention.

19. The
Committee recommends to the State party to: adopt a comprehensive national plan
of action to implement the Convention; allocate resources (human and financial);
develop professional capacity; and give attention to intersectoral coordination
and cooperation at and between national and local levels of government. The
State party is encouraged to provide adequate support to local authorities for
implementation of the Convention.

Independent monitoring structures

20. Noting the decree establishing a National
Human Rights Committee, the Committee emphasizes the importance of setting up an
independent mechanism with the mandate of regularly monitoring and evaluating
progress in the implementation of the Convention at the national and local
levels.

21. In light
of its previous recommendations (CRC/C/15/Add.21), the Committee encourages the
State party to establish a statutory independent institution, with an
appropriate membership and with adequate resources, the mandate to regularly
monitor and evaluate progress in the implementation of the Convention, and
empowered to receive and act upon complaints of violations of child rights. In
this regard, the Committee recommends to the State party to seek assistance
from, inter alia, UNICEF and the Office of the High Commissioner for
Human Rights.

Allocation of budgetary resources

22. The Committee expresses its concern that
insufficient attention has been paid to article 4 of the Convention regarding
the implementation to the "maximum extent of ... available resources" of the
economic, social and cultural rights of children.

23. While
recognizing the difficult poor economic conditions, the Committee emphasizes
that the implementation of economic, social and cultural rights requires
consideration of a range of issues, including the redistribution of existing
resources. The Committee recommends to the State party to develop ways to
undertake a systematic assessment of the impact of budgetary allocations on the
implementation of children's rights, and to collect and disseminate information
in this regard. The Committee recommends to the State party to ensure the
distribution of adequate resources at the national and local levels, where
needed within the framework of international cooperation.

Training in dissemination of the
Convention

24. Noting efforts by the State party, the
Committee is nevertheless concerned at the low level of awareness of the
Convention amongst the general public, including children and professionals
working with and for children. The Committee is concerned that the State party is not
undertaking adequate dissemination and awareness-raising activities in a
systematic and targeted manner.

25. The
Committee recommends to the State party to develop an ongoing programme for the
dissemination of information regarding the implementation of the Convention
among children and parents, civil society and all sectors and levels of
government. The Committee encourages the State party to pursue efforts to
promote children's rights education in the country, including initiatives to
reach the most vulnerable groups. Moreover, the Committee recommends to the
State party to strengthen its efforts to develop systematic and ongoing training
programmes on the provisions of the Convention for all professional groups
working with children (e.g. judges, lawyers, law enforcement officials, civil
servants, local government officials, personnel working in institutions and
places of detention for children, teachers, health personnel, including
psychologists, and social workers). The Committee encourages the State party to
seek technical assistance from, inter
alia, the Office of the High
Commissioner for Human Rights and UNICEF in this regard.

2. Definition of the child

26. Noting efforts to raise the age of criminal
responsibility to 12 years, the Committee, in light of its previous concluding
observations (CRC/C/15/Add.21), remains concerned at the existing very low age
which is set at 7 years.

27. Noting efforts to raise the minimum age for
marriage to 18 for both boys and girls, the Committee is concerned that the
existing age-limits of 15 years for girls and 16 years for boys are too low and
are discriminatory. The Committee is also concerned about early and forced
marriages, primarily in rural areas.

28. The
Committee recommends to the State party to review its legislation to ensure that
the definition of the child and minimum age requirements conform to the
principles and provisions of the Convention and are gender neutral, and take
steps to enact any necessary amendments promptly and ensure that they are
enforced. In addition, the Committee recommends to the State party to continue
its efforts in respect of public education campaigns to combat early and forced
marriages, particularly in rural areas.

3. General principles

Non-discrimination

29. The Committee is concerned by the
persistence of discrimination under the law, in particular:

(a) The Committee finds that discrimination
against girls and children born out of wedlock is incompatible with article 2.
Moreover, the Committee is concerned that discriminatory social attitudes
towards the education of girls, primarily in rural areas, result in their low
levels of school enrolment and high drop-out rates, and in early and forced
marriages;

(b) The Committee finds that infringement of a
child's rights under the Convention as a result of indirect discrimination, or
discrimination against his or her mother (e.g. in relation to custody,
guardianship and nationality) is incompatible with article 2. The Committee
expresses its concern at the persistence of stereotypical attitudes about the
roles and responsibilities of women and men. In light of the Committee's
previous recommendations (CRC/C/15/Add.21), the Committee remains concerned that
restrictions on the right of a Jordanian woman to pass on her nationality to her
child, particularly where she is married to a refugee, may result in the child
becoming stateless.

30. In
accordance with the findings of the Human Rights Committee (CCPR/C/79/Add.35),
the Committee on the Elimination of Discrimination against Women (CEDAW)
(CEDAW/C/JOR/2), its own previous concluding observations (CRC/C/15/Add.21) and
with article 2 of the Convention, the Committee recommends to the State party to
take effective measures to prevent and eliminate discrimination on the grounds
of sex and birth status in all fields of civil, economic, political, social and
cultural life. The Committee recommends to the State party to incorporate
equality on the basis of sex in article 6 of the Constitution. The Committee
recommends to the State party to make all efforts to enact or rescind civil and
criminal legislation, where necessary, to prohibit any such discrimination. In
this regard, the Committee encourages the State party to consider the practice
of other States that have been successful in reconciling fundamental rights with
Islamic texts. The Committee recommends to the State party to take all
appropriate measures, such as comprehensive public education campaigns, to
prevent and combat negative societal attitudes in this regard, particularly
within the family. Religious leaders should be mobilized to support such
efforts.

31. The Committee expresses its concern at the
disparities in the enjoyment of rights, especially with regard to health and
education, experienced by children belonging to vulnerable groups, including
those living in rural regions of the country and those living in unofficial
Palestinian refugee camps.

32. The
Committee recommends to the State party to take all necessary measures to ensure
that all children within its jurisdiction enjoy all the rights set out in the
Convention without discrimination, in accordance with article 2. The Committee
recommends to the State party to prioritize and target social services for
children belonging to the most vulnerable groups. The Committee recommends to
the State party to seek assistance from the international community, including
United Nations agencies such as UNICEF and United Nations Relief and Works
Agency for Refugees in the Near East.

Best interests of the child

33. The Committee is concerned that in all
actions concerning children, the general principle of the best interests of the
child contained in article 3 of the Convention is not a primary consideration,
including in matters relating to family law (e.g. duration of custody under the
Personal Status Law is arbitrary as it is determined by the child's age, and is
discriminatory against the mother).

34. The
Committee recommends to the State party to review its legislation and
administrative measures to ensure that article 3 of the Convention is duly
reflected therein.

Right to life

35. Noting efforts to support amendments to
penal law provisions which discriminate against women, the Committee
nevertheless is seriously concerned that respect for the inherent right to life
of a person under 18 is not guaranteed under the law, particularly in light of
articles 340

and 98 of the Penal Code (No. 16/1960), which
condone crimes perpetrated in the name of honour. The Committee is concerned
that there is often reluctance on behalf of the police to arrest perpetrators,
and that they receive lenient or token punishments.

36. In line
with Commission on Human rights resolutions 2000/31 and 2000/45, the
recommendations of the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/2000/3) and those of CEDAW, the Committee recommends that the
State party take all necessary measures to ensure that there is no
discriminatory treatment for crimes of honour and that they are promptly and
thoroughly investigated and prosecuted. In addition, the Committee recommends to
the State party to undertake awareness-raising activities demonstrating that
such practices are socially and morally unacceptable, and to take steps that
ensure that protective custody is replaced by other types of protection for
women.

37. The Committee is concerned at the high
incidence of traffic accidents which claim the lives of children.

38. The
Committee recommends to the State party to strengthen and continue efforts to
raise awareness about and undertake public information campaigns in relation to
accident prevention.

Respect for the views of the child

39. Noting that article 15 of the Constitution
provides for freedom of opinion, the Committee is concerned that respect for the
views of the child remains limited owing to traditional societal attitudes
towards children in schools, the courts, and especially within the family.

40. The
Committee encourages the State party to promote and facilitate, within the
family, the school and the courts, respect for the views of children and their
participation in all matters affecting them in accordance with article 12 of the
Convention. In this regard, the Committee recommends to the State party to
develop skills-training programmes in community settings for teachers, social
workers and local officials to enable them to assist children in expressing
informed decisions and to take those views into consideration. The Committee
recommends that the State party seek assistance from UNICEF, among
others.

5. Family environment and alternative
care

Violence/abuse/neglect/maltreatment

41. Noting the establishment of the Family
Protection Unit and efforts to address domestic violence, the Committee remains
concerned, in light of articles 19 and 39 of the Convention, at the incidence of
ill-treatment of children in schools and within the family. The Committee is
concerned that apart from Penal Code provisions with respect to abandonment,
abduction and indecent assault with violence, existing legislation is
inadequate, and there is no comprehensive

plan with effective measures to prevent and
treat cases of abuse. Concurring with CEDAW, the Committee is concerned that the
serious problem of violence against women in Jordan has harmful consequences on
children.

42. The
Committee recommends to the State party to take legislative measures to prohibit
all forms of physical and mental violence, including corporal punishment and
sexual abuse of children in the family and the schools. The Committee recommends
that these measures be accompanied by preventive measures such as public
education campaigns about the negative consequences of ill-treatment of
children. The Committee recommends to the State party to promote positive,
non-violent forms of discipline as an alternative to corporal punishment.
Programmes for the rehabilitation and reintegration of abused children need to
be strengthened. Moreover, adequate procedures and mechanisms need to be
established to receive complaints; monitor, investigate and prosecute instances
of ill-treatment; and ensure that the abused child is not victimized in legal
proceedings. The Committee recommends the training of teachers, law enforcement
officials, care workers, judges and health professionals in the identification,
reporting and management of cases of ill-treatment. Attention should be given to
addressing and overcoming socio-cultural barriers that inhibit victims from
seeking assistance. The Committee recommends to the State party to ensure that
the Family Protection Unit is adequately resourced; to strengthen its capacity;
and to expand its services to cover other regions. The Committee recommends to
the State party to continue to support and cooperate with civil society
initiatives, including hotlines, shelters and counselling services. The
Committee recommends that the State party seek assistance from UNICEF and the
World Health Organization (WHO), among others.

6. Basic health and welfare

Children with disabilities

43. The Committee is concerned at the poor
situation of children with disabilities, in particular that only a very small
percentage receive specialized services.

44. The
Committee recommends to the State party to 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 day of general discussion on children with disabilities
(CRC/C/69), and ensure that they enjoy all the rights contained in the
Convention. The Committee recommends to the State party to make greater efforts
to implement effectively the Welfare of the Disabled Act No. 12 of 1993, and
increase the allocation of resources, human and financial, to ensure that
children with disabilities have access to rehabilitation, education and other
services. The Committee recommends to the State party to continue its efforts to
promote inclusive education and to expand and strengthen community-based
rehabilitation projects. The Committee recommends that the State party continue
to seek assistance from UNICEF, UNESCO, WHO and relevant NGOs, among
others.

Right to health and health
services

45. Notwithstanding the improvement in Jordan's
health indicators over the past 25 years, the Committee is concerned that
children living in rural regions may not have equal access to health
services.

46. The
Committee recommends to the State party to ensure that vulnerable groups, such
as children living in desert regions, benefit from health services. The State
party should continue its efforts to increase the quality and coverage of
post-natal care, and to raise awareness and disseminate materials on maternal
health and family planning. The State party is encouraged to continue
cooperation with UNICEF and WHO, among others.

47. The Committee is concerned that insufficient
attention has been given to adolescent health issues, including developmental,
mental and reproductive health concerns and substance abuse.

48. The
Committee recommends to the State party to undertake a comprehensive study to
discover the nature and extent of adolescent health problems, with the full
participation of adolescents, and to use this as a basis to formulate adolescent
health policies and programmes. In light of article 24, the Committee recommends
that adolescents have access to and be provided with reproductive health
education, child-friendly counselling and rehabilitation services, and STD and
HIV/AIDS prevention programmes. The Committee recommends to the State party to
seek assistance from UNICEF and WHO, among others.

49. In light of article 24 of the Convention,
the Committee expresses its concern at problems involving waste treatment and
poor access to safe drinking water and adequate sanitation, particularly in
rural areas, which negatively impact upon the health of children.

50. In light of article 24 (c) of the
Convention, the Committee recommends to the State party to take all appropriate
measures, including through international cooperation, to prevent and combat the
damaging effects of environmental pollution and contamination of water supplies
on children, and to strengthen procedures for inspection. The Committee
encourages the State party to collect data on access to clean water and
sanitation.

Right to an adequate standard of
living

51. The Committee is concerned about large
numbers of children living and/or working on the streets, particularly in urban
centres such as Amman, Zarqa and Irbid, who are amongst the most marginalized
groups of children in Jordan. Noting that begging is an offence, the Committee is
concerned that children who are picked up for this crime risk court proceedings,
or placement in detention or orphanages.

52. The Committee recommends to the State party
to repeal the legal provisions criminalizing vagrancy and begging. The State party
should establish mechanisms to ensure that street children are provided with
identity documents, food, clothing and shelter. Moreover, the State party should
ensure that these children have access to health care, rehabilitation services
for physical, sexual and substance abuse; services for reconciliation with their
families; comprehensive education, including vocational and life-skills
training; and legal aid. The State party should cooperate and coordinate its
efforts with civil society in this regard. The Committee recommends that the
State party seek assistance from UNICEF, among others.

7. Education, leisure and cultural
activities

Right to
education

53. Noting the significant achievements by the
State party in improving access to education, the Committee is concerned that
attention should be focused on improving quality in this sector. The Committee
is concerned at the persistence of high drop-out and absenteeism rates,
especially at the secondary level, due to, inter alia, lack
of interest in school and poverty.

54. The
Committee recommends to the State party to continue to allocate the required
resources, human and financial, to repairing and upgrading infrastructure,
equipment and teaching materials and improving teachers' salaries, particularly
in rural areas. The State party should undertake a process of curriculum reform
which stresses the importance of critical thinking and the development of
problem-solving skills. The Committee also recommends to the State party to
establish retention programmes and vocational training for drop-outs. The State
party should promote the importance of early childhood care and development
programmes, especially among low-income households, and encourage informal
community schemes in this regard. The Committee urges the State party to
continue to promote the participation of parents and communities in school
governance, to improve enrolment rates and to monitor the quality of education.
The Committee encourages the State party to seek assistance from UNICEF, the
United Nations Educational, Scientific and Cultural Organizations (UNESCO) and
relevant NGOs.

8. Special measures of protection

Unaccompanied, asylum-seeking and refugee
children

55. The Committee is concerned that there is no
legislation specifically to guarantee the protection and rights of refugee
children. In particular, the Committee is concerned that there are no procedures
to prevent refugee children from becoming stateless, no legislative measures
applicable to family reunification, and no special status determination
procedures for unaccompanied children.

56. In light
of its previous recommendations (CRC/C/15/Add.21), the Committee recommends to
the State party to accede to the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness and
to adopt legislation in conformity with these instruments, taking into account
the Guidelines on the protection and care of refugee children of the Office of
the United Nations High Commissioner for Refugees (UNHCR). The Committee
recommends to the State party to adopt special measures to deal with
unaccompanied children; develop and implement a functioning system for family
reunification to better protect children from being separated from their
parents; and review discriminatory employment policies (i.e. issuance of work
permits) which affect the capacity of refugee families to support themselves
adequately. The Committee encourages the State party to continue and expand its
efforts to provide education for refugee children.

Economic exploitation

57. The Committee is concerned that the Labour
Law does not provide any protection for children working in family enterprises,
agricultural activities and as domestic labour, thereby excluding from adequate
protection the sector where child labour in Jordan is concentrated, i.e. the
informal sectors, which in many cases involves hazardous conditions. In light of
its previous concluding observations (CRC/C/15/Add.21), the Committee remains
concerned that children living in remote areas, particularly in Bedouin
communities, are often kept out of school to help with farming.

58. The
Committee recommends that the Labour Law be amended to ensure that children
working in family enterprises, agricultural activities and as domestic labour
are protected and that inspections extend to these areas. Employers should be
required, to have, and produce on demand, proof of age of all children working
on their premises and the State party should vigorously pursue enforcement of
minimum-age standards. The Committee recommends to the State party to continue
efforts to implement the 1998 plan of action on child labour. The Committee
recommends that the State party seek assistance from the International Labour
Organization (ILO), among others.

Administration of juvenile justice

59. The Committee regrets that no new
developments in the area of juvenile justice have occurred since the initial
State party report was submitted in 1994.

60. The
Committee reiterates its previous recommendations (CRC/C/15/Add.21): The State
party should undertake a comprehensive review of legislation in the light of the
Convention and international standards such as the Beijing Rules, the Riyadh
Guidelines and 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. Attention should be paid to measures of rehabilitation
and social reintegration, in line with article 39 of the Convention. The
Committee recommends to the State party to seek assistance from the Office of
the United Nations High Commissioner for Human Rights (OHCHR), the Centre for
International Crime Prevention, the International Network on Juvenile Justice
and UNICEF through the Coordination Panel on Juvenile Justice.

Sexual exploitation and sexual
abuse

61. The Committee is concerned at the
insufficient data on and awareness of the phenomenon of commercial sexual
exploitation of children in Jordan, and the absence of a comprehensive and
integrated approach to prevent and combat it.

62. The
Committee recommends to the State party to undertake a national study on the
nature and extent of commercial sexual exploitation of children, and that
disaggregated data be compiled and kept up to date to serve as a basis for
designing measures and evaluating progress. The Committee recommends to the
State party to review its legislation and ensure that it criminalizes the sexual
abuse and exploitation of children and penalizes all offenders, whether
Jordanian or foreign, while ensuring that the child victims are not penalized.
The Committee recommends to the State party to: ensure that laws concerning the
sexual exploitation of children are gender neutral; simplify procedures so that
responses are appropriate, timely, child friendly and sensitive to victims; and
vigorously pursue enforcement. Rehabilitation programmes and shelters should be
established for child victims of sexual abuse and exploitation. There is a need
to train personnel working with child victims adequately. The Committee
recommends to the State party to carry out awareness-raising campaigns to
sensitize and mobilize the general public on the child's right to physical and
mental integrity and to be protected from sexual exploitation.

9. Dissemination of the reports

63. 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 by the Committee following its consideration of
the report. Such a document should be widely distributed in order to generate
debate on and awareness of the Convention and its implementation and monitoring
within the Government, the Parliament and the general public, including
concerned NGOs.

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