Distr.

GENERAL

CRC/C/15/Add.140
23 October 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Slovakia.
23/10/2000.

CRC/C/15/Add.140.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fifth 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: Slovakia

1. At its 663rd and 664th meetings (CRC/C/SR.663
and 664), held on 3 October 2000, the Committee on the Rights of the Child
considered the initial report of Slovakia (CRC/C/28/Add.14), which was received
on 6 April 1998, and adopted at the 669th
meeting, held on 6 October 2000 the following concluding observations.

A.
Introduction

2. The Committee welcomes the submission of the
initial report, which followed in principle the guidelines for reporting and
contained detailed information on the legal framework relating to the
implementation of the Convention. It further appreciates the information
provided in the written replies. The initial report lacked an analysis and
sufficient data on the rights of the child in various sectors of the Convention.
The Committee has been encouraged by the attendance of a high-level delegation,
and expresses its appreciation for the open and professional dialogue that took
place.

B. Positive aspects

3. The Committee welcomes the accession or
ratification by the State party of the most important international human rights
instruments, including ILO Convention No. 182 concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour, and the
European Framework Convention on the Protection of National Minorities of
1995.

4. The Committee welcomes the provisions on
protection of children in the Constitution as well as the confirmation by
legislation of this protection in the civil, family, labour, administrative,
social security, health insurance and criminal law.

5. The Committee welcomes the establishment of
the post of Deputy Prime Minister on Human Rights, National Minorities and
Regional Development.

C. Factors and difficulties
impeding the implementation of the Convention

6. The Committee notes that the State party has
had to face difficult economic and social challenges posed by the transition to
a market economy, including rising income inequality and unemployment, which
have had a negative impact on the population, particularly children belonging to
the most vulnerable groups.

D. Principal subjects of
concern and recommendations of the Committee

1. General measures of
implementation

Coordination

7. Despite the existence of the Slovak Committee
for the Rights of the Child, the Committee is concerned that there may be
deficiencies in coordination in relation to the implementation of the
Convention. However, the Committee is encouraged that the State party is
considering the preparation of a national action plan on the rights of the
child.

8.
The Committee recommends that the State
party continue to pursue through an open and consultative process, the
preparation and development of a comprehensive national plan of action to carry
out its obligations under the Convention, and give attention to intersectoral
coordination and cooperation at and between national and local levels of
government.

Data collection/monitoring

9. The Committee is concerned with deficiencies
in the collection and analysis of disaggregated data relating to persons under
18 years with respect to the rights contained in the Convention.

10.
The Committee recommends that the State
party establish a mechanism to systematically collect and analyse disaggregated
data and use this information as a basis to assess progress and design policies
to implement the Convention. The Committee encourages the State party to seek
technical assistance from, among others, UNICEF in this regard.

11. In the field of human rights protection and
promotion, the Committee emphasizes the importance of regularly monitoring and
evaluating progress in the implementation of international human rights
standards, including the Convention, at the national and local levels.

12.
Noting the State party's activities in this
regard, the Committee encourages the State party to establish a statutory,
independent institution, adequately resourced and with a mandate to regularly
monitor and evaluate progress in the implementation of the Convention and
empowered to receive and address complaints of violations of children's rights.

Budgetary allocation

13. The Committee regrets the lack of adequate
information and apparent lack of transparency concerning the State budget
resources allocated for the implementation of economic, social and cultural
rights of children.

14.
The Committee recommends that the State
party implement article 4 of the Convention in the light of articles 3 and 6 in
such a way that the proportions of the State budget that is allocated, to the
maximum extent of available resources, and in accordance with legislation and
policies, for economic, social and cultural rights, are easily identifiable and
presented in a transparent way.

Training/dissemination of the Convention

15. Despite the various initiatives undertaken
pursuant to the United Nations Decade for Human Rights Education, the Committee
is concerned at the low level of awareness of the Convention amongst
professionals working with and for children and the general public, including
children.

16.
The Committee recommends that the State
party 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 the promotion of children's rights education, including
initiatives to reach the most vulnerable groups. Moreover, the Committee
recommends that the State party strengthen its efforts to develop systematic and
ongoing training programmes on the Convention for all professional groups
working with and for children (e.g. legislators, 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).

2. General
principles

Best interests and consideration of views of the
child

17. The Committee notes that the Constitution of
Slovakia and other legislation provide adequate protection for the child and his
or her family, which ensures the child's well-being. However, the concept of the
best interests of the child and consideration for the views of the child are not
explicitly included in legislative and administrative measures. While welcoming
initiatives like the Children's Parliament, the Committee is concerned that
respect for the views of the child remains limited owing to traditional societal
attitudes towards children in schools, care institutions, the courts and,
especially, within the family.

18.
The Committee recommends that the State
party review its legislation and administrative measures to ensure that articles
3 and 12 of the Convention are duly reflected therein. The Committee encourages
the State party to promote and facilitate within the family, the school, care
institutions and the courts respect for the views of children and their
participation in all matters affecting them. In this regard, the Committee
recommends that the State party develop skills-training programmes, in community
settings, for teachers, social workers and local officials, in assisting
children to make and express their informed decisions and to have these views
taken into consideration.

Non-discrimination

19. The Committee notes the guarantees of
equality and non-discrimination in article 12 of the Constitution and in the
1990 Charter of Fundamental Human Rights and Freedoms, and the provisions of the
Penal Code concerning racism. The Committee welcomes the establishment of the
Government's Plenipotentiary for Addressing Roma Minority Issues and the
approval by the State of the 1999 Strategy for the Solution of the Problems of
the Roma National Minority and the Set of Measures for its Implementation. In
spite of continuing efforts by the State, the Committee is concerned that
children belonging to the Roma minority experience de facto discrimination
vis-à-vis several provisions of the Convention, particularly the right to the
highest attainable health (art. 24), the right to an adequate standard of living
(art. 27) and the right to education (art. 28).

20.
The Committee recommends that the State
party 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 endorses the
recommendations made by the Committee on the Elimination of Racial
Discrimination in its concluding observations (CERD/C/57/CRP.3/Add.4), and its
general recommendation XXVII on discrimination against Roma, and recommends that
the State party implement them. The Committee requests information on the
progress of the implementation of the 1999 Strategy in its subsequent
reports.

21. The Committee is concerned that the right of
the child to be protected from discrimination by all appropriate measures is not
implemented in conformity with article 2 of the Convention as the State party
has not taken affirmative actions for the benefit of certain vulnerable groups
of children, especially Roma. The Committee notes that the Roma children need
more help and support from the State party in order to enjoy the right to
development on an equitable basis with other children.

22. The Committee recommends that the State
party review the implementation of article 2 of the Convention in this respect.
The Committee also recommends that the State party monitor and react to cases of
discrimination against children in all sectors of society in a more effective
manner.

23. The Committee notes that the 1999 Strategy
envisages an analysis of the existing situation concerning discrimination on
ethnic grounds against the Roma including, if necessary, amendments to relevant
laws or the drafting of new laws.

24. The Committee recommends that the State
party consider as an affirmative action the review of its legislation on a
provisional basis with the aim of including the right of the Roma and their
children to benefit from the development policies mentioned in the
Strategy.

3. Civil rights and
freedoms

Protection from torture, inhuman or degrading
treatment or punishment

25. Noting the relevant provisions of the Penal
Code, the Committee is concerned at the persistence of acts of violence by
groups, particularly skinheads, directed towards Roma and their children and
other ethnic minorities, and at continuous allegations that the police and
prosecutors have failed to investigate acts of racially motivated violence
promptly and effectively, and have been reluctant to identify a racial motive
behind such attacks. The Committee is also concerned that the numbers of
indictments and convictions are low relative to the number of incidents
reported, and that perpetrators of racial crimes often receive light
sentences.

26. The Committee recommends that the State
party continue carrying out timely and thorough investigations and effective
prosecutions against racist organizations. The Committee encourages the State
party to continue to expand throughout the State preventive programmes to curb
racially motivated violence directed towards Roma and their children and other
ethnic minorities. The State party should develop clear guidelines and
instructions for police and prosecuting authorities to assist them in
identifying such crimes, and ensure timely and effective investigation, and
prosecution of racially motivated attacks, including cases of police
misconduct.

4. Family environment and
alternative care

Children deprived of a family environment

27. The Committee is concerned at the existing
practice of placing children outside the parental home and into institutional
care, the limited periodic review of placement, and insufficient follow-up of
children who leave institutional care.

28.
The Committee recommends that the State
party continue and strengthen its efforts to provide families and children in
need with adequate professional and other support and to reunite children placed
in institutions with their families. With respect to alternative care, the State
party is encouraged to strengthen the foster care system and to promote
placement of children with foster families and family-type foster homes.
Attention needs to be given to adequate periodic review of placement, in
accordance with article 25 of the Convention, and follow-up of children who
leave care. The Committee encourages the State party to prepare and implement a
comprehensive national plan of action to address the issue of children deprived
of a family environment and to include information on its implementation in its
second report.

Adoption

29. Noting that the State party has signed and
is in the process of acceding to the Hague Convention on Protection of Children
and Cooperation in Respect of Intercountry Adoption of 1993, the Committee is
concerned at the absence of clear legislative measures in this area.

30.
The Committee encourages the State party to
expedite its accession to and implementation of this Convention.

Violence/abuse/neglect/maltreatment

31. The Committee welcomes the establishment of
special units in the Police Corps to deal with cases of neglect of children and
domestic violence. The introduction in January 1999 of a special children's
hotline to receive and address complaints in this area is a welcome development.
The Committee is concerned that violence against women is a problem in Slovakia,
and that this has harmful consequences on children.

32.
In light of articles 19 and 39 of the
Convention, the Committee recommends that the State party ensure that all forms
of physical and mental violence, including corporal punishment and sexual abuse
of children in the family, schools and care institutions, are prohibited.
Attention should be given to ensuring that the abused child is not victimized in
legal proceedings; strengthening programmes for the rehabilitation and
reintegration of abused children; and addressing sociocultural barriers that
inhibit victims from seeking assistance. The Committee recommends that the State
party continue to undertake public education campaigns about the negative
consequences of ill-treatment of children, including within the family. The
Committee encourages the State party to continue to promote the use of the
hotline and other mechanisms to receive complaints throughout the country; to
use the disaggregated data collected as a basis for designing preventive and
other measures; and to evaluate progress in this area.

5. Basic health and
welfare

Children with disabilities

33. The Committee welcomes the comprehensive
scheme of services and cash benefits available to families of children with
disabilities as well as to non-governmental organizations working in this area,
but regrets that it has not received information regarding the eligibility
criteria for these services and benefits. Further, it remains concerned at the
inadequate infrastructure, the limited specialized staff and the
institutionalization of children with disabilities, and the lack of inclusive
programmes and policies and continuous monitoring of institutions.

34. The Committee recommends that the State
party pursue a comprehensive approach towords addressing the rights of children
with disabilities, reviewing existing policies and practice and 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 (see CRC/C/69). The Committee recommends that the State party
develop early identification programmes to prevent disabilities, undertake
awareness-raising programmes to prevent discrimination and institutionalization,
and establish community-based centres for the disabled to enable them to enjoy
all the rights contained in the Convention. The Committee encourages the State
party to seek assistance from, among others, UNICEF, UNESCO, WHO and relevant
NGOs.

Right to health and health services

35. While acknowledging the measures taken to
improve the health status of children, in particular initiatives related to the
reduction of infant mortality, the Committee remains concerned about the
persistence of regional disparities, particularly in relation to children
belonging to the most vulnerable groups (e.g. Roma), in access to health care
and the high rates of malnutrition of children under 5 and those in
school.

36. The Committee recommends that the State
party continue to undertake measures to ensure that all children, without
discrimination, have adequate access to health-care services.

37. The Committee is concerned at the
insufficient data available on the developmental health needs of
adolescents.

38. The Committee recommends that the State
party undertake a comprehensive study in order to understand the nature and
extent of adolescent health problems and, with the full participation of
adolescents, use this study 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 that the State party
undertake prevention programmes against STDs and HIV/AIDS. The Committee
recommends that the State party establish comprehensive family planning
programmes, as well as measures to ensure that abortion is not perceived as a
method of contraception. The State party is encouraged to continue cooperation
with and seek assistance from, among others, UNICEF and WHO.

39. The Committee is concerned at the high
levels of pollution in industrialized areas, particularly air pollution and
water and food contamination caused by nitrates, pesticides and heavy
metals.

40.
In light of article 24 (c) of the
Convention, the Committee recommends that the State party take all appropriate
measures to prevent and combat the dangers and risks to the health of children
posed by environmental pollution.

41. The Committee is concerned about reports of
rising rates of tobacco and alcohol use among adolescents.

42. The Committee encourages the State party to
provide children with accurate and objective information about substance use,
including tobacco use, and to protect them from harmful misinformation through
comprehensive restrictions on tobacco advertising. The Committee further
recommends that the State party develop rehabilitation services for children who
are victims of substance abuse.

Adequate standard of living

43. The Committee refers to the dialogue with
the State party and notes that the social policies of the State party, in spite
of their comprehensiveness, have resulted in the socio-economic exclusion of
certain groups of children such as the Roma and children living in the streets
and in institutions.

44.
The Committee recommends that the State
party include NGOs, especially family and children's NGOs, and civil society, in
general, through dialogue, in the development of social policies in order to
better understand the reasons for exclusion and to stimulate new ideas to raise
the standard of living of vulnerable groups of children.

6. Education

45. The Committee acknowledges
with appreciation that 10 years of schooling is compulsory in the State party
and that it is free. The Committee is, however, concerned that children do not
have the right to participate in the evaluation of their school
achievements.

46.
The Committee recommends that education in
the State party be directed towards the development, with the active
participation of the child, of the child's personality, talents and mental and
physical abilities to their fullest potential, in accordance with article 29 of
the Convention.

47. The Committee notes with concern that most
Roma children attend special schools because of real or perceived language and
cultural differences between the Roma and the majority; that the School Act does
not offer instruction in the Roma language; and the negative, stereotypical
description of the Roma and their children in general, but especially in the
initial report.

48. The Committee recommends that the State
party design further measures aimed at ensuring that Roma children have equal
access to and opportunities to attend regular school with supportive education,
if necessary. The Committee further recommends that the State party examine to
what extent the current situation of the Roma language in the education system,
with respect to both law and practice, meets the demands of the Roma population
and their children and consider, as appropriate, further measures aimed at
ensuring education or instruction in the Roma language, with reference to
article 29 of the Convention. Teacher training in this language should be
strengthened. The Committee recommends that the State party, in accordance with
article 29 (c) of the Convention, ensure that the education system and the media
in particular foster positive attitudes towards minorities and intercultural
dialogue between the minorities and the majority, including children.

7. Special measures of
protection

Commercial sexual exploitation

49. In line with the observation of the Special
Rapporteur on the sale of children, child prostitution, and child pornography
(see E/CN.4/1999/71), the Committee is concerned that Slovakia has become a
transit country for the transport of children for pornography, prostitution and
sex tourism. The Committee is also concerned at reports that commercial sexual
exploitation, particularly involving Russian and Ukrainian girls, is increasing
and at the generally insufficient data on and awareness about the phenomenon of
commercial sexual exploitation of children in Slovakia.

50.
The Committee recommends that the State
party undertake a national study on the nature and extent of this phenomenon 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 that the
State party: ensure that domestic laws in this area are gender neutral; provide
civil remedies in the event of violations; ensure that procedures are simplified
so that responses are appropriate, timely, child-friendly and sensitive to
victims; include provisions to protect victims from discrimination and reprisals
against those who expose violations; and vigorously pursue enforcement.
Rehabilitation programmes and shelters should be established for child victims
of sexual abuse and exploitation. There is a need to adequately train personnel
working with child victims. The Committee recommends that the State party
continue to carry out awareness-raising campaigns to sensitize and mobilize the
general public on the child's right to physical and mental integrity and
protection from sexual exploitation. The Committee encourages the State party to
continue its close collaboration with authorities abroad.

Administration of juvenile justice

51. The Committee notes recent amendments to the
Penal Code and the Penal Rules in the area of juvenile justice. However, the
Committee is concerned at the insufficient information available on prevailing
conditions in detention facilities for juveniles and with respect to independent
complaints mechanisms.

52. In light of article 37 of the Convention,
the Committee recommends that the State party ensure that conditions of
detention conform to international standards and in this regard consider the
recommendations of the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment concerning the detention of
juveniles. Moreover, the Committee recommends that the State party ensure that
there are effective independent mechanisms available to receive and address
concerns raised by detainees. The Committee recommends that the State party seek
assistance from, among others, 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 on Juvenile
Justice.

8. Optional Protocols to the
Convention on the Rights of the Child

53.
The Committee encourages the State party 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.

9. Dissemination of the
report and the recommendations of the Committee

54.
Finally, the Committee recommends that in
accordance with article 44, paragraph 6, of the Convention, the initial 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 and awareness of the Convention
and its implementation and monitoring within the Government, the Parliament and
the general public, including concerned non-governmental organizations.

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