Distr.

GENERAL

CRC/C/15/Add.96
26 October 1998

Original: ENGLISH

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

CRC/C/15/Add.96.
(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:
Kuwait

1. The Committee considered the initial report
of Kuwait (CRC/C/8/Add.35) at its 487th to 490th meetings (CRC/C/SR.487-490), on
28 and 29 September 1998 and adopted* the following concluding
observations.

A. Introduction

2. The Committee welcomes the
submission by the State party of its initial report. It also takes note of the
submission of written replies to the list of issues (CRC/C/Q/KUW/1). It further
notes that while the report did not fully comply with the Committee's
guidelines, the frank, self-critical and constructive dialogue contributed to a
better understanding of the situation in the State party.

B. Positive aspects

3. The Committee notes the
existence in Parliament of the Committee on Human Rights. It also notes the
recent establishment within the Ministry of Justice of a unit dealing with human
rights issues, including a mechanism for the consideration of individual
complaints.

4. The Committee takes note of the fact that the Convention
is self-executing within the State party and that its provisions may be invoked
before the courts.

5. The Committee finds commendable the extensive
social welfare services available to citizens of the State party at either no
cost or at only a fraction of the real cost, including public services relating
to education, health, social care and housing.

6. The Committee welcomes
efforts by the State party to mainstream children with disabilities, or who have
learning difficulties, within regular classes, while at the same time providing
complementary courses catering for the special needs of those
children.

7. The Committee welcomes the organization of an "Arab Day for
Children" in the State party as a way for children better to understand their
rights under the Convention.

C. Factors and difficulties impeding
the
implementation of the Convention

8. The Committee is
aware that physical and psychological hardship resulting from the Gulf War still
affects a substantial number of children and their parents. The Committee notes
that there remain unresolved issues concerning family reunification since the
end of the Gulf War and this situation is a serious constraint on the full
implementation of the Convention.

D. Principal subjects of concern and Committee
recommendations

9. The Committee notes with concern the
declarations on articles 7 and 21 of the Convention made by the State party upon
ratification of the Convention. In the light of the Vienna Declaration and
Programme of Action (1993), the Committee encourages the State party to consider
the possibility of reviewing the declarations.

10. While the Committee
notes that the State party has developed a legislative framework, it is still
concerned that the provisions and principles of the Convention are not fully
reflected in law. The Committee recommends that the State party take all
appropriate measures to engage, where necessary, in a process of law reform, for
example by enacting a children's code to ensure full conformity with the
Convention.

11. The Committee is concerned that the State party does not
appear to have a comprehensive policy to promote and protect children's rights,
and that it does not have a central evaluation and monitoring body for
coordination between different ministries and between the central Government and
local authorities. The Committee encourages the State party to adopt a national
strategy for children, to establish a mechanism of coordination, evaluation and
monitoring to implement policies and programmes for children in the light of the
Convention. The Committee also recommends that the State party further its
cooperation with the non-governmental organizations and to involve these
organizations in such coordination and monitoring bodies.

12. In spite of
the recent establishment within the Ministry of Justice of a unit dealing with
human rights issues, including a mechanism for the consideration of individual
complaints, the Committee expresses concern that there is insufficient awareness
of this mechanism and how it can be used to register and address complaints from
children concerning violations of their rights. The Committee suggests that the
State party take appropriate measures to ensure that this mechanism is better
known, including how it can be used by or on behalf of children to make
complaints in the case of violations of their rights and to seek remedy for such
violations.

13. The Committee is concerned that insufficient measures
have been taken for the development of indicators and the systematic collection
of disaggregated data on the areas covered by the Convention in relation to all
groups of children in order to monitor and evaluate progress achieved and to
assess the impact of policies adopted with respect to children. The Committee
recommends that the system of data collection be strengthened with a view to
incorporating all the areas covered by the Convention. Such a system of
disaggregated data should include all children, with specific emphasis on
vulnerable ones, including those who are victims of abuse or ill-treatment,
children belonging to minority groups, including in particular the Bedoons, or
to migrant families, children with no residence permit, children involved with
the administration of juvenile justice, the girl child, children of
single-parent families and children born out of wedlock, abandoned children,
institutionalized children and those with disabilities. The Committee recommends
that the State party consider seeking technical assistance from, inter
alia, UNICEF in the development of such a data collection system.

14.
The Committee notes with concern that professional groups, children and the
public at large are not generally aware of the principles and provisions of the
Convention. The Committee recommends that greater efforts be made to ensure that
the provisions of the Convention are widely known and understood by adults and
children alike. The Committee also recommends that systematic training and
retraining programmes on the rights of the child be organized for professional
groups working with and for children, such as judges, lawyers, law enforcement
personnel, military officials and personnel, teachers, school administrators,
health personnel, including psychologists, social workers, officials of central
or local administrations, personnel of child-care institutions, the mass media.
Systematic dissemination of the principles and provisions of the Convention to
non-governmental organizations, the mass media and the public at large,
including children themselves, should be enhanced. The Committee suggests that
the State party incorporate the Convention in school and university curricula.
In this regard, the Committee also suggests that the State party consider
seeking technical assistance from, inter alia, the Office of the High
Commissioner for Human Rights and UNICEF.

15. The Committee notes with
concern that the legal age of criminal responsibility, at seven, is very low.
Concern is also expressed at the low legal minimum age for marriage for girls,
set at 15, while the minimum age for boys is set at 17. The Committee recommends
raising the minimum legal age for criminal responsibility, in the light of the
provisions and principles of the Convention and other relevant United Nations
standards. In the light of the provisions and principles of the Convention,
especially its articles 1, 2, 3, 6, 12 and 24, the Committee also recommends
that the State party take all appropriate measures to raise the legal minimum
age for marriage for girls to at least the same age as that set for
boys.

16. The Committee is concerned that the welfare policies and
practices prevailing in the State party do not adequately reflect the
rights-based approach enshrined in the Convention. It also wishes to express its
general concern that the State party does not appear to have fully taken into
account the provisions of the Convention, especially its general principles, as
reflected in its articles 2 (non-discrimination), 3 (best interests of the
child), 6 (right to life, survival and development) and 12 (respect for the
views of the child), in its legislation and in its administrative and judicial
decisions, as well as in its policies and programmes relevant to children. It is
the Committee's view that further efforts must be undertaken to ensure that the
general principles of the Convention, not only guide policy discussions and
decision-making, but also are appropriately reflected in any legal revision,
judicial and administrative decisions, and in the development and implementation
of all projects and programmes which have an impact on children.

17. The
Committee is concerned that neither the Constitution nor legislation fully
conforms to article 2 of the Convention, and does not specifically prohibit
discrimination on the basis of race, colour, political or other opinion,
national, ethnic or social origin, property, disability, birth or other status.
The Committee is concerned at the existence of some laws, regulations or
practices which are discriminatory towards non-Kuwaitis and girls, especially
with regard to the right to education and inheritance. The Committee encourages
the State party to review its legislation with a view to prohibiting
discrimination on all grounds covered by article 2 of the Convention.
Furthermore, in light of article 2 of the Convention, which requires State
parties to ensure the implementation of all rights recognized by the Convention
to each child within their jurisdiction, the Committee recommends the State
party to take all appropriate measures to safeguard the rights of Bedoon
children, migrant children, other non-citizens, and girls, especially with
regard to access to education, health and other social services. Lastly, the
Committee recommends that all appropriate measures be taken to guarantee that
girls are systematically treated equally, especially with regard to the right to
inheritance.

18. The Committee is concerned that the unusual demographic
situation of the State party, in which only about 34 per cent of the population
has Kuwaiti nationality, may have resulted in discrimination against
non-Kuwaitis. The Committee is concerned at discrimination affecting children of
the Bedoon community and young migrant workers. In the light of article 2 of the
Convention, the Committee recommends that the State party take all appropriate
measures to ensure that each child living within its jurisdiction is ensured
without discrimination the full enjoyment of the rights set forth in the
Convention. It also recommends that the State party consider ratifying the 1990
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.

19. The Committee is concerned at the
lack of awareness regarding the participatory rights of children. Concern is
further expressed at the absence, in legal proceedings affecting a child, of a
legal requirement that the views of the child be solicited. In the light of
article 12 of the Convention, the Committee recommends that the State party take
all appropriate measures to encourage participation of children in the family,
in institutions, at school and in society. It also recommends that the relevant
authorities ensure by all available means, including legislative means, that,
according to his or her maturity, the views of children are an integral part of
all decisions affecting them.

20. The Committee is further concerned that
in the light of the State party's legislation regarding citizenship, nationality
may only be obtained by a child from his/her Kuwaiti father. The Committee
recommends that domestic legislation be amended to guarantee that the
acquisition of Kuwaiti nationality be determined in light of the provisions and
principles of the Convention, especially articles 2, 3 and 7.

21. The
Committee expresses its concern about the lack of a specific prohibition in
domestic legislation of the use of corporal punishment. The Committee recommends
that the State party take all appropriate measures, including of a legislative
nature, to prohibit corporal punishment in schools, in the family and other
institutions, and in society at large. The Committee also suggests that
awareness-raising campaigns be conducted to ensure that alternative forms of
discipline are administered in a manner consistent with the child's human
dignity and in conformity with the Convention, in the light of article 28.2 of
the Convention.

22. The Committee is concerned at the insufficient
awareness of and lack of information on domestic violence, ill-treatment and
abuse, including sexual abuse, both within and outside the family, at the
insufficient legal protection measures and insufficient resources, as well as at
the lack of adequately trained personnel to prevent and combat such abuse. In
the light of article 19 of the Convention, the Committee recommends that the
State party undertake multidisciplinary studies on the nature and scope of
ill-treatment and abuse, including sexual abuse, with a view to adopting
adequate measures and policies, in order to, inter alia, change
traditional attitudes. It also recommends that a special complaint mechanism be
established for children to report such ill-treatment, domestic violence and
abuse. It further recommends that cases of abuse and ill-treatment of children,
including sexual abuse within the family, be properly investigated, sanctions
applied to perpetrators and publicity given to decisions taken in such cases,
due regard being given to protecting the right to privacy of the child. It is
also recommended that consideration be given to adopting child-friendly rules
for the provision of evidence in such proceedings. Further measures should be
taken with a view to ensuring the provision of support services to children in
legal proceedings, the physical and psychological recovery and social
reintegration of the victims of rape, abuse, neglect, ill-treatment, violence or
exploitation, in accordance with article 39 of the Convention, and the
prevention of criminalization and stigmatization of victims.

23. The
Committee is concerned at the potential for stigmatization of a woman or couple
who decide to keep a child born out of wedlock, and at the impact of this
stigmatization on the enjoyment by such children of their rights. The Committee
recommends that the State party take all appropriate measures to create an
adequate framework that would facilitate the choice of a woman or couple to whom
a child is born out of wedlock to keep and raise the child.

24. The
Committee is concerned that the State party does not have a procedural
requirement for periodic review and systematic monitoring when children are
placed in alternative care, such as in a children's home, a guest house or any
other similar institution. The Committee recommends that special attention be
given to children living in institutional care, including children born out of
wedlock. Alternatives to institutional care, such as foster care, should be
developed and an appropriate mechanism for the systematic monitoring and review
of placement in institutional care should be established, in the light of
article 25 of the Convention.

25. The Committee is concerned at the
recent increase in the number of children living and/or working on the streets,
especially children of the Bedoon community. It recommends that all appropriate
measures be taken to provide access to school to all children and prevent and
combat school drop-out. It also recommends the development of vocational
training projects, as well as of adequate social programmes.

26. The
Committee is concerned at the high level of malnutrition among children in the
State party, mainly due to poor nutrition. The Committee recommends that the
State party take all appropriate measures, such as awareness-raising campaigns
in and outside schools and counseling, to sensitize adults, especially parents
and domestic servants, and children alike to the importance of quality
nutrition.

27. Regarding adolescent health, the Committee is concerned at
the high mortality rate among male adolescents, due to external causes and
accidents. It is also concerned at the lack of comprehensive data and
information on the health status of adolescents in general, especially with
regard to drug and substance abuse, sexually transmitted diseases and HIV/AIDS,
teenage pregnancy, violence and suicide among young people, and by the lack of
treatment and rehabilitation services. The Committee suggests that a
comprehensive and multi-disciplinary study be undertaken on adolescent health
problems, with data disaggregated by age and gender, to serve as the basis for
developing and promoting adolescent health policies. The Committee also
recommends that further efforts be undertaken to develop youth-friendly care,
counseling and rehabilitation facilities for adolescents.

28. In the
light of the provisions and principles of the Convention, especially its
articles 2, 3, 6, 12 and 24.3, the Committee is concerned at the practice of
early marriage. It recommends that the State party undertake all appropriate
measures, including legal measures, awareness-raising campaigns with a view to
changing attitudes, counseling and reproductive health education, to prevent and
combat this traditional practice which is harmful to the health and well-being
of girls and the development of the family.

29. The Committee is
concerned that the State party does not have specific domestic legislation for
determining the status of and protecting refugees, including children, and is
currently not a party to any of the main treaties on statelessness or refugees.
The Committee recommends that the State party review its domestic legislation
with a view to including provisions for determining the status of and protecting
refugees, including children, especially with regard to access to education,
health and other social services. The Committee also recommends that the State
party consider ratifying the 1951 Convention relating to the Status of Refugees
and its 1967 Protocol, as well as the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of
Statelessness.

30. The Committee recognizes that the State party is still
recovering from the effects of the Gulf War and that landmines pose a continuing
threat to the population and have already given rise to numerous casualties,
including children. The Committee stresses the importance of educating parents,
children and the general public about the dangers of landmines. The Committee
recommends that the State party review the situation with regard to landmines
within the framework of technical assistance, including from United Nations
agencies. The Committee further suggests that the State party become a party to
the Convention on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and of Their Destruction (1997).

31. The
Committee is concerned at the absence of data, information and comprehensive
research on the issue of sexual abuse and exploitation of children. In the light
of article 34 and other 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 undertake studies with a
view to designing and implementing appropriate policies and measures, including
rehabilitation measures, to combat this phenomenon. The Committee urges the
State party to continue implementing the recommendations formulated in the
Agenda for Action adopted at the 1996 Stockholm World Congress against
Commercial Sexual Exploitation of Children.

32. The Committee is
concerned at the situation of the administration of juvenile justice and in
particular its full compatibility with the Convention, as well as other relevant
United Nations standards. The Committee recommends that the State party consider
taking additional steps to reform the system of juvenile justice in the spirit
of the Convention, in particular articles 37, 39 and 40, and of other United
Nations standards in this field, such as the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules), the United
Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines) and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty. Particular attention should be paid to considering
deprivation of liberty only as a measure of last resort and for the shortest
possible period of time, to the protection of all the rights of children
deprived of their liberty and, when appropriate, to encouraging alternatives to
the processing of cases through the regular penal system. Training programmes on
relevant international standards should be organized for all those professionals
involved with the system of juvenile justice. The Committee 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 Technical Advice and Assistance in
Juvenile Justice.

33. The Committee recommends that, in the light of
article 44, paragraph 6, of the Convention, the initial report and these
concluding observations be made widely available to the public at large,
including non-governmental organizations, and that consideration be given to
publishing the report, along with the relevant summary records, the list of
questions and written answers thereto, and the concluding observations of the
Committee. It is suggested that such a document could be widely distributed in
order to generate debate on and awareness of the Convention, as well as to serve
as a reference for the implementation of the Convention by the State party.

_________

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

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