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Summary:

This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

UN Human Rights Committee
UN Committee on Economic, Social and Cultural Rights
UN Committee on the Elimination of Racial Discrimination
UN Committee on the Elimination of Discrimination against Women
UN Committee against Torture
UN Subcommittee on Prevention of Torture
UN Committee on Migrant Workers
UN Committee on the Rights of Persons with Disabilities
UN Committee on Enforced Disappearance

UN Human Rights Committee

Ratified in 1993.

CCPR/C/SR.3020 and CCPR/C/SR.3021
Last reported: 22 /23 October 2013

Concluding Observations issued: 30 October 2013

Issued raised:

Harmful traditional practices: The Committee is concerned at the prevalence of such harmful traditional practices as forced and early marriage and polygamy, despite their prohibition under the Family Law No. 10/2004.

The State party should take appropriate measures (a) to put an end to forced and early marriages and polygamy; (b) to conduct awareness-raising campaigns on the negative effects of such practices, in particular in rural areas; (c) to encourage reporting of such offences, investigate complaints from victims and bring those responsible to justice.

Arbitrary arrest and detention: The Committee expresses concern at reports of arbitrary arrests and detention, including of children, lengthy pretrial detention beyond the legally prescribed limits, failure to inform detained persons about their rights, the reasons for their detention and the charges against them, and difficulties in having access to a lawyer from the very beginning of their detention. It is also concerned at the lack of knowledge by detained persons of their rights that prevents them from claiming compensation for such violations (arts. 9, 14, and 24).

The State party should take appropriate measures to ensure that no one under its jurisdiction is subject to arbitrary arrest or detention and that detained persons enjoy all legal guarantees, in compliance with articles 9 and 14 of the International Covenant on Civil and Political Rights. It should ensure that persons deprived of their liberty are adequately informed about their rights so as to enable them to exercise in practice their right to effective judicial redress and compensation, and that appropriate sanctions be imposed on those responsible.

Juvenile justice: While noting the efforts made by the State Party to improve conditions of detention, including the ongoing construction of a new prison facility, the Committee expresses concern at the severe overcrowding, deplorable conditions of detention, including insanitary conditions, inadequate food and health care, and cases of death in custody. The Committee is further concerned that the separation of minors from adults is not always guaranteed and that prisoners who have completed their sentences are sometimes not released by prison authorities (arts. 6, 7, 9, 10, 14, 24).

The State party should take urgent measures to establish a system of regular and independent monitoring of places of detention and to reduce overcrowding and improve conditions of detention, including for juvenile offenders, in line with the Covenant and the United Nations Standard Minimum Rules for the Treatment of Prisoners. In this regard, the State party should consider not only the construction of new prison facilities but also the application of alternative measures to pretrial detention such as bail, home arrest etc. and non-custodial sentences, such as suspended sentences, parole, community services. The State party should investigate promptly cases of death in custody, prosecute those responsible and provide appropriate compensation to families of victims. It should also ensure that the principle of separation of juvenile detainees from adults in detention facilities is respected and that prisoners who have completed their sentences are released without delay.

Trafficking: While appreciating the State party’s efforts in preventing and combating trafficking in persons, including the adoption of the Law on Prevention and Fight against Trafficking in Persons, Especially Women and Children (Law no. 6/2008) on 9 July 2008, the Committee is concerned that the State party remains both a country of source and transit for men, women, and children subjected to forced labour and sexual exploitation, that cases of trafficking are underreported for fear of reprisals by individuals involved in trafficking networks that usually hold economic power or influence in the community, and that no information was provided on the availability of effective protection mechanisms and services for victims, such as shelters and rehabilitation services. The Committee is further concerned at reports of trafficking in body parts for use by so-called witch doctors in their traditional medicine (arts. 2, 6, 7, 8, and 24).

The State party should strengthen its efforts to prevent, suppress and punish trafficking in persons and trafficking in body parts, including at the regional level and in cooperation with neighbouring countries, and through the organisation of training for police officers, border personnel, judges, lawyers and other relevant personnel in victim identification and awareness-raising among population at large and through providing them with adequate resources. The State party should take appropriate measures to protect victims of trafficking in persons from reprisals and provide them with adequate medical care, free social and legal assistance, and reparation, including rehabilitation.

Child labour: The Committee is concerned at the high rate of child labour in the country, especially in agricultural sectors and domestic services, and at reports of sexual exploitation of children (arts. 8 and 24).

The State party should continue its efforts to implement existing policies and laws that are designed to eradicate child labour and sexual exploitation of children, including through public information and education campaigns on the protection of children’s rights. The State party should ensure that children have special protection, in accordance with article 24 of the Covenant, and that it is enforced in practice. Lastly, it should ensure that violations of these laws are prosecuted and should keep reliable statistics.

Child sexual abuse: The Committee expresses concern at reports of child abuse and sexual exploitation, including in the schools of the State party, and notes that often such cases are not reported to authorities since families try to get compensation from perpetrators outside the court system. The Committee regrets the lack of data on the number of cases that have been investigated and prosecuted, and on the compensation awarded to victims of such abuse (arts. 2, 7, and 24).

The State party should, as a matter of urgency, enhance its efforts to combat child abuse and sexual exploitation by improving mechanisms for early detection, encouraging reporting of suspected and actual abuse, and ensuring that cases of abuse are thoroughly investigated, that perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that victims are adequately rehabilitated.

Birth registration: While welcoming the measures taken to improve the birth registration system, the Committee notes that the registration rate remains low and there are deficiencies in the registration of children born outside maternity hospitals or whose parents are absent. The Committee also notes that proposals to extend the 120 day period for free birth registration and reduce the registration fees are under discussion (arts. 16 and 24).

The State party should strengthen its efforts to ensure registration of children, including by setting up special units working outside maternity hospitals and reaching all areas of the country, including the most remote ones, and conduct awareness-raising campaigns on birth registration procedures within communities, in particular in rural areas.

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UN Committee on Economic, Social and Cultural Rights

Not yet signed or ratified.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/MOZ/CO/12
Last reported: 3 / 6 August 2007

Concluding Observations issued: 16 August 2007

Issues raised:

Trafficking: While noting that the State party has ratified the Convention against Transnational Organized Crime in 2006 and that a bill on human trafficking is being prepared, the Committee notes the absence of any specific policy to prevent and combat human trafficking, bearing in mind that victims are often women and children belonging to the most disadvantaged groups, including non-citizens (art. 5 (b) and (e)). (Paragraph 16).

The Committee recommends that the State party adopt legislation and other effective measures in order to adequately prevent, combat and punish human trafficking, especially with regard to members of disadvantaged ethnic groups, including non-citizens.

Human rights education: The Committee is concerned at the lack of information on measures to disseminate information about the Convention, including training for members of the judiciary, law enforcement officials, teachers, social workers and other public officials on the provisions of the Convention and their application (art. 7). (Paragraph 24).

The Committee recommends that the State party provide information on the human rights programmes in school curricula as well as on the specific training courses for members of the judiciary, teachers, social workers and other public officials on the provisions of the Convention.

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UN Committee on the Elimination of Discrimination against Women

Ratified in 1997, but not yet reported

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UN Committee against Torture

Concluding observations on the initial report of Mozambique

CAT/C/MOZ/CO/1

Last reported: 28 and 29 October 2013

Concluding Observations adopted: 14 November 2013

Violence against women and children, including domestic violence: The Committee welcomes the information provided by the State party on measures taken to combat domestic violence (see para. 5 c), but remains concerned about the high prevalence of such violence in the country. The Committee also notes with concern the low age limit for statutory rape (under the age of 12, art. 394 of the Penal Code); that article 392 of the Penal Code includes virginity and seduction as prerequisites to define the crime of estupro; and, that pursuant to article 400 of the Penal Code a person accused of a crime of rape who marries the victim is not subjected to pre-trial detention (arts. 2 and 16).

The State party should ensure that all cases of violence against women are thoroughly investigated, perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and victims obtain redress, including fair and adequate compensation.

The State party should complete the process of amending the Penal Code in view to bring the provisions criminalizing various forms of sexual violence and abuse in line with its obligations under international human rights law relating to women and children. (para. 23)

Violence and sexual abuse against girls in schools: The Committee is seriously concerned about violence and sexual abuse against girls in schools by teachers and male classmates. According to the information before the Committee, only a few cases are reported, even a smaller number are appropriately prosecuted and the institutional response to the problem remains limited (arts. 2 and 16).

The State party should step up its efforts to eradicate violence and sexual abuse against girls in schools and implement all necessary protective measures, in particular:

(a) Taking all measures necessary to investigate, prosecute and punish appropriately those found guilty of such acts, and provide the victims with redress;

(b) Making available resources for prevention and protection programmes to eliminate the persistent pattern of violence and sexual abuse against children in schools;

(d) Strengthening awareness-raising and mandatory in-service training programmes on the subject for teaching staff;

(e) Guaranteeing that victims have full access to health services specialized in family planning and the prevention and diagnosis of sexually transmitted diseases. The State party should ensure that victims obtain redress, including fair and adequate compensation, and the fullest possible rehabilitation. (para. 24)

Harmful traditional practices: The Committee is aware of the efforts made by the State party to prevent early marriages. However, it observes with concern the persistence of this and other harmful traditional practices, such as forced marriages, polygamy, adulthood initiation rites and child debt bondage. The Committee also expresses concern about reports of corporal punishment (whipping) inflicted by some traditional authorities. Furthermore, it regrets the lack of information on the steps taken to ensure that customary law in Mozambique is not incompatible with the State party’s obligations under the Convention (art. 16).

The State party should:

(a) Strengthen its efforts to prevent and combat harmful traditional practices, in particular in rural areas, and ensure that such acts are investigated and that the alleged perpetrators are prosecuted and, if convicted, punished with appropriate sanctions;

(b) Provide victims with legal, medical, psychological and rehabilitative services, as well as compensation, and create adequate conditions for them to report complaints without fear of reprisal;

(c) Provide training to judges, prosecutors, law enforcement officials and traditional authorities on the strict application of the relevant legislation criminalizing harmful traditional practices, and other forms of violence against women and children.

In general, the State party should ensure that its customary law and practices are compatible with its human rights obligations, especially under the Convention. The State party should provide in its next periodic report information on the hierarchy between traditional practices and codified law, especially with regard to forms of discrimination against women and children. (para.25)

Trafficking: The Committee takes note of the efforts made by the State party to prevent and combat human trafficking. However, it expresses its concern at reports of internal and cross-border human trafficking for the purpose of sexual exploitation or forced labour, as well as at the information provided by the delegation on trafficking in organs. The Committee is further concerned at the lack of statistics in the State party’s report on, inter alia, the number of prosecutions, convictions and sentences of perpetrators of trafficking (arts 2, 12 and 16).

The State party should:

(a) Intensify its efforts to prevent and combat trafficking in human beings, including by implementing the 2008 anti-trafficking legislation (see, para. 5 b) and providing protection for victims, including shelters and psychosocial assistance;

(b) Conduct prompt, impartial investigation of human trafficking, ensure that those who are found guilty for such crimes are punished with penalties appropriate to the nature of their crimes, and ensure that all victims of such acts obtain redress;

(c) Conduct nation-wide awareness-raising campaigns and conduct specialized training on victim identification and investigation for law enforcement officials, including the Women and Children’s Victim Assistance Units established by the National Police, and labour inspectors. (para. 26)

Corporal punishment: While recognizing that corporal punishment as a penalty for crime has been abolished and that it is prohibited in penal institutions, the Committee is concerned that such punishment is not explicitly prohibited in the home, schools and all care settings (art. 16)

The Committee recommends that the State party prohibit corporal punishment of children in all settings, conduct public information campaigns to raise awareness about its harmful effects, and promote positive non-violent forms of discipline as an alternative to corporal punishment. (para. 27)

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UN Subcommittee on Prevention of Torture

No visit made.

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Signed in 2007, but not yet ratified.

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UN Committee on Enforced Disappearance

Signed in 2008, but not yet ratified.

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Last updated 27/11/2013 10:55:25

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