Distr.

GENERAL

CRC/C/15/Add.162
6 November 2001

Original: ENGLISH

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

CRC/C/15/Add.162.
(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: Portugal

1. The Committee considered the second periodic
report of Portugal (CRC/C/65/Add.11) at its 731st to 732nd meetings (see
CRC/C/SR.731-732), held on 1 October 2001, and adopted at the 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 and the very useful written replies to its
list of issues (CRC/C/Q/POR/2). The Committee notes the very constructive
dialogue it had with the cross-sectoral delegation of the State party.

B. Positive
factors

3. The Committee welcomes the substantial
changes in various fields of legislation. Among others, the administration of
juvenile justice now allows for children and young people between 12 and 16 in a
situation of risk to be treated separately from those involved in criminal
activities. In this context, the social welfare and security system has
undergone changes that target children and parents at risk and living in
poverty. The Committee also welcomes the establishment of a pre-school system,
the raising of the minimum age of military service to 18 and adoption of the Law
15/98 increasing the protection of asylum-seekers.

4. The Committee notes that the State party has
satisfied a number of international human rights instruments relevant to the
rights of the child, including the 1993 Hague Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption, the 1973 ILO
Convention No. 138 concerning the Minimum Age for Admission to Employment and
the 1999 ILO Convention No. 182 concerning the Prohibition and Immediate Action
for the Elimination of the Worst Forms of Child Labour.

5. The Committee welcomes the progress
registered by the State party in implementing the Convention through numerous
comprehensive policies.

C. Principal subjects of
concern, suggestions and recommendations

1. General measures of
implementation

National strategy for the implementation of the
Convention

6. The Committee is concerned at the lack of a
comprehensive national strategy on the implementation of the Convention.

7. The
Committee recommends that the State party:

(a) Develop a comprehensive national strategy
for the implementation of the Convention;

(b) Set priorities and define a time frame for
implementation;

(c) Define what human, financial and technical
resources are necessary for the strategy's implementation and allocate
them.

Coordination

8. Noting the Committee's 1995 concluding
observations (CRC/C/15/Add.45) on the State party's initial report
(CRC/C/3/Add.30) and the existence of the National Commission for the Protection
of Children and Youth at Risk and the District-Level Commissions, the Committee,
is most concerned that there is still no structure for national coordination of
the implementation of the Convention with regard to all children, as was
recommended in 1995.

9. The
Committee again recommends that:

(a) The State party define a structure for the
coordination of the implementation of the Convention for all children in the
State party;

(b) Particular attention be given to
coordination at the ministerial level;

(c) Efforts be made to continue to ensure the
participation of civil society, including NGOs, in the implementation of the
Convention.

Allocation of resources

10. The Committee notes a trend of increasing
resources being allocated to the education, health and social welfare sectors
and the significant participation of civil society, including NGOs, in the
provision of such services. However, the Committee remains concerned that there
is no information indicating that priority is given to the implementation of
children's social rights in the budgets of the State party at national, regional
and local levels.

11. With a
view to achieving full application of article 4 and to eradicate poverty, the
Committee urges the State party to consider ways in which respect can be
guaranteed for the rights of all children including children from disadvantaged
backgrounds and from isolated communities, in particular in the sectors of
health, education and other social welfare services and in conformity with
article 2.

Data collection

12. The Committee recognizes that the State
party collects useful data in the fields of, inter alia,
education and health, but notes:

(a) That in many areas the data collected do not
cover all ages of children; for example, data with regard to children with
disabilities are provided only up to age 15;

(b) A lack of, or insufficient, data with regard
to some areas of the Convention, for example, data on abortions, substance abuse
and child abuse and neglect, including sexual abuse and exploitation;

(c) That the data collected are used to a
sufficient degree in developing, strengthening and monitoring policies and
programmes for the implementation of the Convention.

13. The
Committee recommends that the State party:

(a) Further develop its existing data collection
mechanisms with a view to creating an effective system for collecting data
covering all areas of relevance to the Convention;

(b) Ensure that data collection covers the
entire and specific period of childhood up to age 18, and all areas relating to
the rights under the Convention;

(c) Ensure that data are disaggregated
including, as relevant, by gender, age, minority group and rural or urban
residence;

(d) Strengthen the use of data to improve the
development, implementation and monitoring of programmes and policies to
implement the Convention.

International cooperation

14. The Committee notes that the State party's
contribution to international cooperation

was 0.26 per cent of GNP in 1999, and that the
United Nations recommended target for development aid by States is 0.7 per cent
of GNP.

15. The
Committee recommends that the State party progressively increase its
contributions to international cooperation in accordance with United Nations
targets, giving particular attention to children's rights.

Cooperation with civil society

16. The Committee notes the State party's close
cooperation with civil society with regard to children's rights.

17. The
Committee encourages the State party:

(a) To continue and strengthen its positive
cooperation with civil society, including NGOs, in the context of the
implementation of the Convention;

(b) To encourage NGOs to adopt a rights-based
approach to children.

2. General principles

18. The Committee welcomes the State party's
holistic approach to implementation of the general principles with regard to
children's rights.

Non-discrimination

19. The Committee notes the numerous efforts
initiated by the State party to address discrimination, including the
development of mechanisms, the conduct of surveys and the implementation of
policies. The Committee is concerned, however, with regard to de facto
discrimination in the context of children and families living in poverty in less
developed rural and urban areas and against the Roma and their children in
particular.

20. The
Committee recommends that the State party continue and strengthen its efforts to
ensure equal respect for the right to non-discrimination of all children, giving
particular attention to children and their families living in poverty, in
particular Roma children and children living in less developed areas.

21. The Committee requests that specific
information be included in the next periodic report, on the measures and
programmes relevant to the Convention on the Rights of the Child undertaken by
the State party to follow up on the Declaration and Programme of Action adopted
at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and taking account of the Committee's general comment
No. 1 on article 29 (1) of the Convention on the aims of education.

Respect for the opinions of the child and child
participation

22. The Committee notes the State party's
ongoing efforts to ensure child participation and welcomes the fact that the age
at which a child's opinions must be heard in administrative and judicial
proceedings affecting the child has been defined under relevant legislation and
taken into consideration in accordance with the age and maturity of the child.
The Committee notes, in addition, ongoing efforts to address concerns regarding
cultural conceptions of the value of a child's opinion within schools and
society (see paragraph 123 of the State party's report) and in decision-making
at national and local levels in matters affecting children.

23. In the
light of article 12, the Committee encourages the State party to continue to
enhance child participation and respect for the opinions of the child, including
at national and local levels and in accordance with the age and maturity of the
child.

Survival and development

24. The Committee joins the State party in
expressing concern at the extremely high number of accidents, including road
accidents, of which children are victims.

25. The
Committee recommends that the State party, taking into account the conclusions
of its Working Group for the Prevention of Accidents, promote initiatives with a
view to diminishing the number and consequences of accidents involving children
through, inter alia, legislation, standardization of toys and child care
articles and the training of relevant professionals and of families with
children in the prevention of accidents.

3. Civil rights and freedoms

Corporal punishment

26. Noting its 1995 concluding observations, the
Committee is concerned that corporal punishment continues to be practised within
the family, there is a lack of legislation prohibiting such punishment, and that
insufficient measures have been adopted to prevent corporal punishment in this
context.

27. The
Committee recommends that the State party:

(a) Adopt legislation prohibiting corporal
punishment in the family and in any other contexts not covered by existing
legislation;

(b) Develop mechanisms to end the practice of
corporal punishment, including the use of information campaigns targeting
parents, teachers and children;

(c) Promote positive, participatory, non-violent
forms of discipline as an alternative to corporal punishment at all levels of
society;

(d) Develop mandatory reporting systems for
professionals working with children who detect the use of corporal punishment in
the family.

4. Family environment and
alternative care

Family environment

28. The Committee welcomes the State party's
decision to develop a global plan on family policy, including changes to social
welfare and social security and means-tested coverage with particular provisions
for families and children and including those persons not paying contributions
to the social security system. The Committee also welcomes the definition, in
the National Plan of Action against Poverty and Social Exclusion of child
protection priorities including the provision of support measures for families
in order to enable them to fulfil their parental responsibilities. Nevertheless,
the Committee remains concerned:

(a) That poverty, poor housing, unemployment,
non-contractual work and the high incidence of alcoholism among parents in many
families have a negative impact on respect for children's rights;

(b) At the lack of sufficient free pre-school
care services, complicating an already difficult situation for poor
families.

29. The
Committee recommends that the State party make every effort, to the maximum
extent of available resources, to support families in their child-rearing
responsibilities and to ensure the protection of the rights of all children in
the context of the family environment.

Abuse and neglect, including sexual abuse and
sexual exploitation

30. The Committee notes the State party's recent
initiative to develop mechanisms allowing doctors, teachers and other relevant
professionals to lodge complaints of alleged sexual abuse or exploitation of
children (Law 99 of 25 August 2001).

31. The
Committee recommends that the State party:

(a) Strengthen the monitoring of and collection
of data on cases of abuse and neglect of children;

(b) Make it mandatory for professionals to
report to an appropriate body cases of abuse, including sexual abuse, and ensure
the provision of appropriate training and adequate protection for professionals
called upon to make such reports;

(c) Ensure the provision of rehabilitation
assistance to child victims of abuse.

Alternative care

32. The Committee is concerned:

(a) At the continuing emphasis placed on the
institutionalization of children deprived of a family environment (see, in
particular, paragraph 89 of the State party's report);

(b) That review of the placement of children in
alternative care is inadequate (see paragraph 206 of the State Party's
report).

33. The
Committee recommends that the State party:

(a) Place emphasis on foster care, including by
providing adequate financial support and advice to foster families;

(b) Develop deinstitutionalization policies and
continue its efforts to reduce the incidence of institutionalization of
children;

(c) Strengthen its review of the placement of
children in alternative care, ensuring that it is conducted regularly and
frequently and takes into consideration the views and best interests of the
child.

5. Basic health and
welfare

34. The Committee welcomes the progress made in
recent years in reducing the child mortality rate and also welcomes the
combining, within the State party's primary health care, of private and public
health care provision at a very small charge, and the hospital services offered
at two levels. The Committee is concerned, however, that:

(a) Infant mortality, under-5 mortality and
child tuberculosis rates remain higher than the regional average, particularly
in some northern rural areas, and are also too high in the Azores;

(b) The public health care system, including
mental health care services, in the State party requires strengthening and that
there is insufficient access to primary health care facilities in some parts of
the country;

(c) The State party's health expenditure is
notably lower that that of other countries in the region and that this
negatively affects respect for children's right to health care.

35. The
Committee recommends that the State party:

(a) Increase investment in public health care
facilities, including investments by civil society;

(b) Ensure the equal access of all children to
the highest attainable standard of health care in all areas of the
country.

Children with disabilities

36. The Committee welcomes the State party's
emphasis on the integration of children with disabilities into mainstream
education. However, the Committee remains concerned that resources for the
special education of children with disabilities are unevenly distributed across
the country, with a particular concentration in Lisbon limiting the access of
some children to these facilities.

37. The
Committee recommends that the State party:

(a) Continue and strengthen its efforts to
ensure the integration of children with disabilities into regular
schools;

(b) Review the distribution of resources for the
special education of children with disabilities, with a view to ensuring that
all children and their families in need of such services have easy access to
them.

Adolescent health

38. Noting the establishment of a network
functioning in cooperation with the Ministries of Health and Education toward
education on adolescent health, the Committee remains concerned that the
incidence of teenage pregnancies remains high and at the absence of data on
abortions.

39. The
Committee recommends that the State party:

(a) Take steps to address adolescent health
concerns, including teenage pregnancy and sexually transmitted diseases,
through, inter alia, sex education, including about birth control measures
such as the use of condoms;

(b) Strengthen its mental health and counselling
services, ensuring that these are accessible and sensitive to
adolescents.

HIV/AIDS

40. Noting the launching of the State party's
Health Education Programme to address, inter alia,
HIV/AIDS, the Committee remains concerned at the incidence of HIV transmission,
including mother-to-child transmission, and at the high incidence of AIDS (10.4
cases per 100,000) in the State party.

41. The
Committee recommends that the State party:

(a) Continue to strengthen its HIV/AIDS
prevention programmes, including safe sex education programmes;

(b) Increase interventions at primary
health-care level aimed at limiting mother-to-child transmission of HIV.

6. Education, leisure and
cultural activities

42. The Committee notes the significant progress
made in increasing the number of children completing secondary education and the
implementation of the Programme of Extension and Development of Pre-Primary
Education and the "social school action programme". The Committee remains
concerned at:

(a) The low levels of investment in education,
including pre-school education;

(b) The low enrolment in pre-school
education.

(c) The relatively high drop-out and repetition
rates in primary and secondary schools, with only 32 per cent of children
completing primary school without having repeated a class and a drop-out rate of
22.9 per cent at the ninth grade level;

(d) The limited use of information technology in
schools;

(e) The relatively low numbers of children going
on to tertiary education from secondary school, with a sharp disparity between
males (42 per cent) and females (57 per cent).

43. The
Committee recommends that the State party:

(a) Increase its investment in education;

(b) Study the causes of high drop-out and
repetition rates;

(c) Introduce policies to address the causes of
low enrolment in pre-school education;

(d) Continue its efforts to increase the number
of children completing secondary education;

(e) Take steps to reduce drop-out rates and to
implement its planned reform of secondary education;

(f) Increase the use of information technology
in schools;

(g) Take steps to raise the number of persons
going on to higher education, giving due attention to reducing gender
disparities;

(h) Continue and strengthen efforts to ensure
that all teachers benefit from professional training;

(i) Provide particular support to low-income
families with a view to increasing the enrolment levels of their children in
educational facilities;

(j) Strengthen efforts towards the
implementation of the human rights plan of action, including children's right to
education, in the light of the Committee's general comment No. 1 on the aims of
education.

Leisure

44. The Committee notes the programmes "Support
to Youth Associations" and "Initiative" and the promotion of sports activities
in schools. The Committee expresses concern that:

(a) Sports activities receive insufficient
financial support;

(b) The number of children taking part in sports
activities in the State party is much lower than in other countries in the
region, particularly for adolescents.

45. The
Committee recommends that the State party:

(a) Increase its investments in physical
activities for students in schools;

(b) Take additional steps to promote and support
sports and other leisure activities for children, giving particular attention to
children living outside the main urban regions.

7. Special protection
measures

Refugees

46. Noting the assistance provided by the State
party to refugees, the Committee remains concerned that:

(a) There is no specific refugee status
determination procedure for minor asylum-seekers;

(b) Minors do not always have access to
psychological care when needed.

47. The
Committee recommends that the State party:

(a) Develop a refugee status determination
procedure for minor asylum-seekers;

(b) Introduce mechanisms providing minors with
access to psychological care;

(c) Ensure full implementation of all the
provisions of the Asylum Law 15/98.

Street children

48. In the light of its 1995 concluding
observations, the Committee remains concerned at the number of street children
in the State party's main cities.

49. The
Committee recommends that the State party:

(a) Study the causes of children living on the
street and the scope of the problem;

(b) Develop and implement a comprehensive policy
to address the causes of children living on the streets, including through
assistance to families and efforts to address concerns with regard to adequate
housing and access to education;

(c) Strengthen its assistance to children
currently living on the street, including with regard to health and education
services, food and housing, drug abuse treatment and counselling;

(d) Ensure that street children are informed of
their rights and strengthen children's participation in achieving respect for
them.

Substance abuse

50. The Committee notes the "National Strategy
in the Fight Against Drugs", but remains concerned at the lack of data on
substance and alcohol abuse and smoking.

51. The
Committee recommends that the State party:

(a) Continue its efforts to prevent substance
abuse by children, including through the prohibition of the sale of such
substances to children and through addressing factors leading to
vulnerability;

(b) Study the interrelationship between
accidents and substance abuse and take prevention and law enforcement measures
in this regard;

(c) Pursue its efforts to use information
campaigns to alert children and adults to the risks of substance abuse, and that
the child victims of substance abuse be provided with appropriate care,
rehabilitation and assistance.

Juvenile justice

52. The Committee welcomes the State party's
implementation of the Committee's 1995 recommendations with regard to reform of
the juvenile justice system and the social welfare and security systems.
However, the Committee remains concerned that:

(a) Children over 16 may not receive the full
benefit of relevant protections in the context of juvenile justice proceedings
for criminal acts (see, for example, paragraphs 473 and 501 of the State party's
report);

(b) Juvenile justice reforms have not been fully
implemented;

(c) Data are insufficient with regard to the
placement of children with other families or in institutions.

53. The
Committee recommends that the State party:

(a) Continue its efforts to fully implement
juvenile justice reform;

(b) Ensure that the reform process is conducted
with a view to ensuring, for all children, full compliance with international
standards, in particular articles 37, 40 and 39 of the Convention, as well 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);

(c) Ensure, in particular, that children aged 16
and over benefit from full protection of their rights in the context of juvenile
justice proceedings.

Minorities

54. Noting the State party's policies targeting
the specific needs of children of some minorities, the Committee remains
concerned at the difficult social situation of Roma children and their
insufficient access to the education system.

55. The
Committee strongly urges the State party to:

(a) To take measures to improve and implement
more effectively existing legislation and policies with regard to ensuring
protection of the rights of all children of minority groups, giving particular
attention to the situation of Roma children;

(b) Continue to ensure the participation of
minorities, including children, in implementing these policies.

8. Optional
Protocols

56. The Committee notes the State party's
intention, as declared during the dialogue, to proceed with ratification of the
Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, and to adopt relevant
domestic legislation.

57. The
Committee recommends that the State party also proceed with the ratification of
the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflicts.

9. Dissemination of
documents

58. Noting the limited dissemination of the
State party's initial report, the Committee hopes that the State party's second
periodic report will be widely disseminated within the State party.

59. In light
of article 44, paragraph 6, of the Convention, the Committee recommends that the
second periodic report and written replies to the list of questions submitted 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 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 all levels of administration of the
State party and the general public, including concerned non-governmental
organizations.

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