Distr.

GENERAL

CRC/C/15/Add.166
6 November 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Paraguay.
06/11/2001.

CRC/C/15/Add.166.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-eighth
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: Paraguay

1. The Committee considered the second periodic report
of Paraguay (CRC/C/65/Add.12), submitted on 12 October 1998, at its 741st
meeting (see CRC/C/SR.741), held on 8 October 2001, and adopted, at its 749th
meeting (CRC/C/SR.749), held on 12 October 2001, the following concluding
observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's second periodic report, which very precisely follows the guidelines for
reporting, thus providing the Committee with a lot of information on the
implementation of the Convention. However, the written replies to its list of
issues (CRC/C/Q/PAR.2), received only on 5 October 2001, only partly addressed
the Committee's questions. Furthermore, the delegation representing the State
party was unfortunately not in a position to answer most of the questions put by
the Committee. In particular, the Committee regrets that it was not possible to
discuss in more detail the content of the new Children's Code. The Committee
regretfully recalls that similar problems occurred during the examination of the
initial report of the State party.

B. Positive
aspects

3. The Committee welcomes the adoption of the
Children's Code in line with its previous recommendation (CRC/C/15/Add.75, para.
29).

4. In light of its previous recommendation
(CRC/C/15/Add.75, para. 41), the Committee notes with satisfaction the
promulgation in 1997 of the Adoption Act to combat trafficking in children and
establish strict control over all matters connected with adoption, especially
intercountry adoption. It further takes note of the Law against Domestic
Violence.

5. The Committee notes with satisfaction the
establishment in 1997 of a Juvenile Complaints Department for the receipt of
complaints of violations of children's rights, and in 1998 of a National Network
against Child Abuse (REDNAMI), made up of governmental and non-governmental
organizations.

C. Factors and difficulties
impeding progress in the implementation of the Convention

6. The Committee notes with concern that the State
party is facing many difficulties in the implementation of the Convention, in
particular owing to political instability, low economic growth and an inadequate
public service. The Committee acknowledges that the serious economic and social
disparities, affecting in particular people living in rural areas and indigenous
people, impede the full achievement and enjoyment of the rights recognized in
the Convention.

D. Principal areas of concern and
recommendation

1. General measures of
implementation

Committee's previous recommendations

7. The Committee notes with great concern that most of
its previous recommendations (CRC/C/15/Add.75) have not been satisfactorily
followed up or not followed up at all.

8. The Committee
strongly recommends that the State party give effective follow-up to the
Committee's previous recommendations, paying particular attention to those which
are reiterated hereafter.

Legislation

9. The Committee notes with concern that the recently
adopted Children's Code may not enter into force at the end of November 2001,
six months after its promulgation.

10. The Committee
recommends that the State party:

(a) Ensure that the Children's Code enters into force
without delay;

(b) Ensure the implementation of the Children's Code
in full compliance with the Convention, paying particular attention to the
elimination of the traditional concept of "irregular situation" and to the need
for adequate structures by allocating the necessary human and financial
resources.

Coordination

11. While noting that the new Children's Code foresees
the establishment of a National Secretariat for Children and Adolescents, the
Committee notes with concern that a process of reform of the structure of
ministries and secretariats in Paraguay may delay the entry into force of the
Code until July 2002, thereby preventing the allocation of funds in the 2002
budget for the new structure. It further notes with concern that the National
Plan of Action for Children (PNAI) has limited economic resources and is not
disseminated at local level, and that its coordinating body, the PNAI Committee,
does not have a budget allocation and has had a large turnover among its
members.

12. The Committee
recommends that the State party:

(a) Strengthen coordination between the various
governmental bodies and mechanisms involved in children's rights at both the
national and local levels, in line with its previous recommendation
(CRC/C/15/Add.75, para. 30);

(b) Ensure the establishment of the National
Secretariat for Children and Adolescents without delay;

(c) Provide adequate human and financial resources in
the 2002 budget for the National Secretariat for Children and Adolescents in
order to enable it to carry out its tasks in an effective way; and

(d) For the preparation of the next National Plan of
Action take into account the obstacles met in implementing the previous National
Plan of Action and the results of the mid-term evaluation and of the review made
for the end-of-decade report.

Budgetary allocations

13. While noting the information that there has been
an increase in public social spending, the Committee reiterates its concern that
budgetary allocations for children are still insufficient to respond to national
and local priorities for the protection and promotion of children's rights and
to overcome and remedy existing disparities between rural and urban areas with
respect to services provided to children (CRC/C/15/Add.75, para. 35).

14. In light of article
4 of the Convention, the Committee encourages the State party:

(a) To strengthen its efforts to reduce poverty and
its impact on children;

(b) To identify clearly its priorities with respect to
child rights issues in order to ensure that funds are allocated "to the maximum
extent of … available resources and, where needed, within the framework of
international cooperation" for the full implementation of the economic, social
and cultural rights of children, in particular with respect to local governments
and for children belonging to the most vulnerable groups in society; and

(c) To identify the amount and proportion of the
budget spent on children at the national and local levels in order to evaluate
the impact and effect of the expenditures on children.

Monitoring

15. Although the 1992 Constitution foresees the
creation of a Defensor del
Pueblo (human rights ombudsman), the Committee
notes with concern that no mechanism has been established yet to receive and
address complaints, in particular in the field of children's rights.

16. The Committee
encourages the State party to establish an independent and effective mechanism
in accordance with the Principles relating to the status of national
institutions for the promotion and protection of human rights (General Assembly
resolution 48/134), provided with adequate human and financial resources and
easily accessible to children, that:

(a) Monitors the implementation of the Convention;

(b) Deals with complaints from children in a
child-sensitive and expeditious manner; and

(c) Provides remedies for violations of their rights
under the Convention.

In this regard, the Committee further recommends that
the State party consider seeking technical assistance from, among others, UNICEF
and OHCHR.

Data collection

17. The Committee, while noting the creation in 1995
of a database to monitor the National Plan of Action for Children (PNAI),
expresses its concern that statistical data are not updated and do not cover
sufficiently nor are disaggregated for all areas covered under the Convention,
and that, when available, these data are not used in an adequate manner to
assess trends and as a basis for policy-making in the field of children's
rights.

18. In line with its
previous recommendation (CRC/C/15/Add.75, para. 32), the Committee recommends
that the State party:

(a) Further strengthen, expand and update its
database; and

(b) Use these indicators and data effectively for the
formulation and evaluation of policies and programmes for the implementation and
monitoring of the Convention.

Dissemination and training

19. The Committee recognizes that material promoting
human rights was disseminated by both governmental agencies and non-governmental
organizations, in line with its previous recommendation (CRC/C/15/Add.75, para.
33), but notes that these measures need to be strengthened, in particular in
rural areas and among indigenous children.

20. The Committee
recommends that the State party:

(a) Increase its efforts to translate informative
material into Guaraní and the main indigenous languages and disseminate it;

(b) Develop more creative methods for promoting the
Convention, including through audio-visual aids such as picture books and
posters, in particular at local level;

(c) Provide adequate and systematic training and/or
sensitization of professional groups working with and for children, such as
judges, lawyers, law enforcement personnel, teachers, school administrators and
health personnel;

(d) Fully integrate the Convention into the curricula
at all levels of the educational system; and

(e) Seek technical assistance from, among others,
UNICEF, UNESCO and OHCHR.

Cooperation with NGOs

21. The Committee, while noting examples of
collaboration between governmental institutions and non-governmental
organizations, e.g. in the preparation of the Children's Code and of the State
party's second periodic report, nevertheless notes that cooperation with
non-governmental organizations should be further promoted and reinforced.

22. The Committee
reiterates its recommendation to the State party (CRC/C/15/Add.75, para. 31) to
encourage the promotion of closer cooperation with non-governmental
organizations, in particular in the area of implementation of the new Children's
Code.

2. Definition of the
child

23. The Committee reiterates its concern about the
disparity between the legal minimum age for admission to employment (12 years)
and the age for the end of compulsory education (15 years).

24. The Committee
recommends that the State party increase the minimum age for admission to
employment in order to prevent children from starting to work before the
completion of compulsory education.

3. General
principles

25. The Committee is concerned that the principles of
non-discrimination (article 2 of the Convention), best interests of the child
(art. 3), right to life, and maximum possible survival and development of the
child (art. 6) and respect for the views of the child (art. 12) are not fully
reflected in the State party's legislation and administrative and judicial
decisions, as well as in policies and programmes relevant to children at both
national and local levels.

26. The Committee
reiterates its previous recommendation (CRC/C/15/Add.75, para. 34) that the
State party:

(a) Appropriately integrate general principles of the
Convention, in particular the provisions of articles 2, 3, 6 and 12, in all
relevant legislation concerning children;

(b) Apply them in all political, judicial and
administrative decisions, as well as in projects, programmes and services which
have an impact on all children; and

(c) Apply these principles in planning and
policy-making at every level, as well as in actions taken by social and health
welfare institutions, courts of law and administrative authorities.

Non-discrimination

27. The Committee is concerned that the principle of
non-discrimination is not fully implemented for children belonging to indigenous
groups or those groups speaking only Guaraní, urban and rural poor children,
girls, street children, children with disabilities, and children living in rural
areas, especially with regard to their access to adequate health and educational
facilities. It further notes with concern that pregnant girls are often not
allowed to continue their education, especially in private schools.

28. The Committee
recommends that the State party:

(a) Take all the necessary measures to end
discrimination;

(b) Monitor the situation of children, in particular
those belonging to the above-mentioned vulnerable groups, who are exposed to
discrimination;

(c) Develop, on the basis of the results of this
monitoring, comprehensive strategies containing specific and well-targeted
actions aimed at ending all forms of discrimination; and

(d) Include specific information 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 at 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 on the aims of
education.

4. Civil rights and freedoms

Birth registration

29. The Committee notes with concern that a large
number of children, in particular those belonging to indigenous groups and/or
living in rural or remote areas, are not registered because of distance or
because parents are unaware of the importance of birth registration. It further
notes that registration is not free.

30. In light of article
7 of the Convention and in line with its previous recommendation (CRC/15/Add.75,
para. 38), the Committee recommends that the State party:

(a) Develop more widespread awareness among the
population of the importance of birth registration; and

(b) Improve the registration system in order to reach
all people, in particular in rural and remote areas, including by using mobile
registration units.

Corporal punishment

31. The Committee is concerned that corporal
punishment of children remains socially acceptable in Paraguay and that it is
still practised in families, schools and other institutions.

32. In light of articles
3, 19 and 28 (2) of the Convention, the Committee encourages the State party
to:

(a) Develop measures to raise awareness about the
harmful effects of corporal punishment and encourage use of alternative forms of
discipline in families to be administered in a manner consistent with the
child's dignity and in conformity with the Convention; and

(b) Explicitly prohibit corporal punishment in the
family, in schools and in other institutions.

5. Family environment and
alternative care

Parental responsibilities

33. The Committee is concerned at the increase in the
breakdown of families, in particular owing to migration to urban areas. It
further notes that children, particularly in poor families, are not sufficiently
stimulated, which can have a negative impact on their harmonious
development.

34. In light of article
18 of the Convention and in line with its previous recommendations
(CRC/C/15/Add.75, paras. 39 and 43), the Committee recommends that the State
party:

(a) Improve social assistance to families to help them
with their child-rearing responsibilities, including through counselling and
community-based programmes, with a focus on early stimulation; and

(b) Seek international assistance from, among others,
UNICEF.

Abuse and neglect

35. The Committee, while noting the establishment in
1998 of a National Network for Child Abuse (REDNAMI), is nevertheless concerned
at its lack of human and financial resources. It is further concerned at the
lack of data and information on child abuse and neglect, at the inadequacy of
measures, mechanisms and resources to prevent and combat physical and sexual
abuse and neglect of children, and at the limited number of services for abused
children, in particular in rural areas.

36. In light of article
19 of the Convention and in line with its previous recommendation (CRC/C/15/Add.
75, para. 40), the Committee recommends that the State party:

(a) Undertake studies on domestic violence,
ill-treatment and abuse, including sexual abuse, in order to assess the extent,
scope and nature of these practices;

(b) Adopt and implement effectively adequate measures
and policies, and contribute to changing attitudes, and in that regard provide
the National Network for Child Abuse with adequate human and financial
resources;

(c) Investigate effectively cases of domestic violence
and ill-treatment and abuse of children, including sexual abuse within the
family, within a child-sensitive inquiry and judicial procedure in order to
ensure better protection of child victims, including the protection of their
right to privacy;

(d) Take measures to provide support services to
children in legal proceedings, and for the physical and psychological recovery
and social reintegration of the victims of rape, abuse, neglect, ill-treatment
and violence, in accordance with article 39 of the Convention; and

(e) Seek, in this regard, international cooperation
and technical assistance from, among others, UNICEF and WHO.

6. Basic health and
welfare

Health and health services

37. While noting the decrease in the infant and child
mortality rates, the Committee is nevertheless concerned at the lack of reliable
statistics and at the still high rates of mortality, morbidity and malnutrition
affecting especially indigenous children and those who speak only Guaraní. It
further notes the high maternal mortality rates, due largely to a high incidence
of illegal abortion, especially in rural areas. It is also concerned about the
unsatisfactory level of the immunization coverage.

38. In light of article
24 of the Convention and in line with its previous recommendation (CRC/C/15/Add.
75, para. 45), the Committee recommends that the State party:

(a) Allocate appropriate resources and develop
comprehensive policies and programmes to improve the health situation of all
children without discrimination, in particular by focusing more on primary
health care and decentralizing the health-care system;

(b) In order to prevent child mortality and morbidity
and address the high maternal mortality rate, provide adequate antenatal and
postnatal health-care services and develop campaigns to inform parents about
basic child health and nutrition, the advantages of breastfeeding, hygiene and
environmental sanitation, family planning and reproductive health;

(c) Develop a comprehensive nutritional programme in
order to prevent and combat malnutrition, in particular among indigenous
children and those who speak only Guaraní;

(d) Look to international cooperation for the full and
efficient implementation of the immunization programme; and

(e) Seek technical assistance from, among others, WHO,
UNICEF and UNFPA.

Children with disabilities

39. The Committee, while noting the National Action
Plan for Disability, expresses its concern that lack of funding and mental and
architectonic barriers prevent its full implementation. Further, it notes with
concern that there are no programmes and services specific for children. The
Committee is also concerned at the general lack of resources and specialized
staff for these children, especially the ones with mental disabilities, in
particular in rural areas.

40. In light of article
23 of the Convention, the Committee recommends that the State party:

(a) Undertake studies to determine the causes of and
ways to prevent disabilities in children;

(b) Undertake measures to ensure that the situation of
children with disabilities is monitored in order to assess their situation and
needs effectively;

(c) Conduct public awareness campaigns in all
languages, in particular indigenous ones, to raise awareness of the situation
and the rights of children with disabilities;

(d) Allocate the necessary resources for programmes
and facilities for all children with disabilities, especially the ones living in
rural areas, and strengthen community-based programmes to enable them to stay at
home with their families;

(e) Support the parents of children with disabilities
with counselling and, when necessary, financial support;

(f) In light of the Standard Rules on the Equalization
of Opportunities for

Persons with Disabilities (General Assembly resolution
48/96) and the Committee's recommendations adopted at its day of general
discussion on "The rights of children with disabilities" (CRC/C/69, para.
310-339), further encourage their integration into the regular educational
system and inclusion into society, including by providing special training to
teachers and by making schools more accessible;

(g) Seek technical assistance from, among others,
WHO.

Adolescent health

41. The Committee expresses its concern regarding the
high rates of early pregnancy, the rise in the number of children and youths
using drugs, and the growing number of cases of HIV/AIDS among the youth.
Further, it notes the limited availability of programmes and services in the
area of adolescent health, including mental health, and the lack of sufficient
prevention and information programmes in schools, especially on reproductive
health.

42. In line with its
previous recommendation (CRC/C/15/Add.75, para.45), the Committee recommends
that the State party:

(a) Undertake a comprehensive and multidisciplinary
study to assess the scope and nature of adolescent health problems, including
the negative impact of STDs and HIV/AIDS, and develop adequate policies and
programmes;

(b) Increase its efforts to promote adolescent health,
including mental health, policies, particularly with respect to reproductive
health and substance abuse, and strengthen the programme of health education in
schools;

(c) Undertake further measures, including the
allocation of adequate human and financial resources, to evaluate the
effectiveness of training programmes in health education, in particular as
regards reproductive health, and to develop youth-sensitive and confidential
counselling, care and rehabilitation facilities that are accessible without
parental consent when this is in the best interests of the child; and

(d) Seek additional technical cooperation from, among
others, UNFPA, UNICEF, WHO and UNAIDS.

7. Education, leisure and cultural
activities

Education

43. While noting with appreciation the National
Education Law of 1998 and the high rate of primary school enrolment, which is
more than 95 per cent, the Committee is nevertheless concerned about the
continuing poor quality of education, the non-tuition costs of compulsory
school, the high repetition and drop-out rates, and the poor condition of
infrastructures. It further notes with concern that pregnant girls are not
allowed to stay in school.

44. In light of articles
28 and 29 of the Convention, the Committee recommends that the State
party:

(a) Undertake appropriate measures to increase
budgetary allocations for education, in particular for the improvement of school
infrastructure;

(b) Ensure regular attendance at schools and the
reduction of drop-out rates;

(c) Take measures to prevent bullying and other forms
of violence in schools;

(d) Improve the quality of education in order to
achieve the goals mentioned in article 29 (1), in line with the Committee's
general comment No. 1 on the aims of education; and

(e) Seek additional technical cooperation from, among
others, UNESCO and UNICEF.

8. Special protection
measures

Children in armed conflict

45. The Committee is deeply concerned that, although
the State party's legislation states that the minimum age for recruitment into
the armed forces is 18, minors constitute a considerable proportion of
conscripts into the Paraguayan armed forces and national police, and very much
regrets that its previous recommendation (CRC/C/15/Add. 75, para. 36) in this
regard was not implemented. It is deeply worried at the number of cases of
torture and ill-treatment of conscripts, including children, by their superiors
and at cases of unclarified deaths of conscripts, which also involved minors. In
particular, it notes with concern that the majority of these deaths and
ill-treatment cases were not investigated, and that there are reports of
forcible recruitment of children, especially in rural areas, and of
falsification of documents proving their age.

46. The Committee urges
the State party:

(a) To put an end to the practice of recruiting
children into the Paraguayan armed forces and national police, in line with its
previous recommendation (CRC/C/15/Add.75, para. 36), and punish those involved
in forcible recruitment;

(b) To investigate all cases of ill-treatment and
death of conscripts and suspend from duty the officials implicated in such
accidents;

(c) To prosecute and punish those responsible for
these violations;

(d) To provide compensation to the victims of human
rights violations during military service or their families;

(e) To provide training on human rights, including
children's rights, to army officials; and

(f) To ratify the Optional Protocol to the Convention
on the involvement of children in armed conflict, setting 18 years as the
minimum age for all military recruitment.

Economic exploitation

47. The Committee expresses its deep concern at the
increasing number of children who are exploited economically, in particular
those under 14 years of age. In particular, it notes cases of abuse of girls in
domestic service and a large number of children working in the streets, often at
night and in unhealthy conditions, especially in the capital, Asunción. It also
notes that ILO Convention No. 138 concerning Minimum Age for Admission to
Employment has not been ratified.

48. In light of article
32 of the Convention and in line with its previous recommendation (CRC/C/15/Add.
75, para. 43), the Committee reiterates that the State party should:

(a) Continue to enforce and strengthen its legislation
protecting working children;

(b) Combat and eradicate as effectively as possible
all forms of child labour, including by strengthening its cooperation with
ILO/IPEC; and

(c) Ratify ILO Convention No. 138 concerning Minimum
Age for Admission to Employment.

Sexual exploitation

49. The Committee expresses its deep concern that,
with regard to the increasing phenomenon of commercial sexual exploitation of
children, there are no data available, legislation is inadequate, cases
involving sexually exploited children are often not investigated and prosecuted,
victims are criminalized, and rehabilitation programmes are not available. It
further notes that a national plan against commercial sexual exploitation of
children has not been developed.

50. In light of article
34 of the Convention and in line with its previous recommendation (CRC/C/15/Add.
75, para. 47), the Committee recommends that the State party:

(a) Undertake a study on this issue in order to assess
its scope and causes, enable effective monitoring of the problem and develop all
necessary measures and programmes to prevent, combat and eliminate sexual
exploitation and abuse of children;

(b) Develop and adopt a national plan against sexual
and commercial exploitation of children, taking into account the Agenda for
Action of the Stockholm World Congress against Commercial Sexual Exploitation of
Children; and

(c) In this regard, seek international cooperation
from, among others, UNICEF and WHO.

Juvenile justice

51. While noting that the new Children's Code
establishes a specific criminal procedure for children aged from 14 to 18 and
the creation of a Youth Division of the National Police, the Committee expresses
its concern at the long periods of pre-trial detention, at the fact that it is
not used as a last resort, and that children are not informed of their rights
and are not provided with legal assistance. Deep concern is also expressed at
reports of torture and ill-treatment of detained juveniles, especially in the
recently destroyed Panchito López Juvenile Correctional Institute, and at the
situation of detention centres for juveniles, which are overcrowded and in poor
condition. The Committee further notes that the education, rehabilitation and
reintegration programmes provided during the detention period are
inadequate.

52. In line with its
previous recommendation (CRC/C/15/Add. 75, para. 48), the Committee recommends
that the State party:

(a) Continue reviewing laws and practices regarding
the juvenile justice system in order to bring it as soon as possible into full
compliance with the Convention, in particular articles 37, 40 and 39, as well as
with other relevant international standards in this area, such as the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (the
Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines);

(b) Expedite the full enforcement of the Children's
Code of 2001 which guarantees due process of law for children and social and
educational correctional measures;

(c) Use pre-trial detention only as a measure of last
resort, for as short a time as possible and for no longer than the period
prescribed by law;

(d) Use alternative measures to pre-trial detention
and other forms of deprivation of liberty whenever possible;

(e) Incorporate into its legislation and practices the
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty,
in particular to guarantee them access to effective complaints procedures
covering all aspects of their treatment;

(f) Ensure that those officers implicated in acts of
torture and ill-treatment against inmates are suspended from duty pending a full
and impartial investigation and, if found responsible, brought to
justice;

(g) Provide training on human rights, including
children's rights, to staff in detention centres;

(h) Take effective steps to improve conditions in
detention centres and provide adequate education to children deprived of their
liberty;

(i) Take appropriate rehabilitative measures to
promote the social reintegration of the children involved in the juvenile
justice system;

(j) Seek assistance from, inter alia, OHCHR, the United
Nations Centre for International Crime Prevention, the International Network on
Juvenile Justice and UNICEF, through the United Nations Coordination Panel on
Technical Advice and Assistance on Juvenile Justice.

9. Optional
Protocols

53. The Committee
encourages the State party:

(a) To ratify and implement 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;

(b) To accept the
amendment to article 43 of the Convention as soon as possible.

10. Dissemination of
documents

54. Finally, the
Committee recommends that, in light of article 44, paragraph 6, of the
Convention, the second periodic report and written replies presented by the
State party be made widely available to the public at large and that the
publication of the report be considered, 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 and awareness of the
Convention and its implementation and monitoring within the Government and the
general public, including NGOs.

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