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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.

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

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UN Committee against Torture

(CAT/C/SEN/CO/3)

Last reported: 6 – 7 November 2012

Concluding Observations issued: 17 January 2013

Concerns raised:

Violence: While noting the measures taken by the State party to combat all forms of violence against women, the Committee remains deeply concerned about the persistence in the State party of domestic violence, female genital mutilation, sexual abuse, rape and forced marriages. The Committee regrets that the State party has not provided information on the remedies and compensation, including rehabilitation, made available to women victims of violence (arts. 2, 12, 13 and 16).

The State party should: (…)

(b) Step up efforts to prevent, combat and punish all forms of violence against women and children, by applying domestic laws and international conventions, and to run awareness and information campaigns for the general public and law-enforcement officers. The State party should investigate all allegations of such violence, prosecute and punish the perpetrators and offer victims effective protection and immediate redress (…) (para 14)

The Committee regrets the lack of comprehensive, disaggregated data on complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment committed by law-enforcement personnel, military officers, prison staff and psychiatric personnel, and of statistics on the various forms of violence against girls and women in Senegal.

The State party should compile the above-mentioned data for the whole country to allow the implementation of the Convention to be effectively evaluated and to facilitate the identification of targeted action to prevent and combat effectively torture, ill-treatment and all forms of violence against girls and women. The State party should also provide statistics on redress, including compensation, and means of rehabilitation for victims. (para 26)

Talibé children: The Committee remains concerned about the lack of information and statistics on the measures taken by the State party to combat practices such as the sale, prostitution and trafficking of minors. While noting the adoption of the strategic plan for the education and protection of children in Koranic schools (daaras), the Committee remains deeply concerned about the living conditions of young students (talibés), who suffer from ill-treatment and economic exploitation and are often made to beg on behalf of their masters. The Committee also remains concerned about the reported persistence of corporal punishment in Senegal (arts. 11 and 16).

The State party should:

(a) Monitor very closely the situation of talibés in order to protect them from ill-treatment and exploitation by punishing those responsible and setting up mechanisms to monitor and help such children, as well as a complaints mechanism to allow them to inform the authorities of cases of abuse;

(b) Set up a support system to give talibés access to physical and mental health services. It should provide the Committee with information on other specific measures, including the number of cases identified, the investigations and prosecutions conducted, the sentences handed down to the perpetrators and the return of talibés to their families;

(c) Amend the Family Code, particularly article 285, to explicitly ban corporal punishment anywhere at all, including in the home, and punish offenders in accordance with the law, while offering legal protection and psychological help to child victims. (para 15)

Juvenile Justice: Despite the existing juvenile justice mechanisms, the Committee is concerned that there are not enough specialized judges and courts to meet all the challenges related to the promotion and protection of children’s rights in the State party (arts. 2, 11, 12, 13 and 16).

The Committee recommends that the State party hasten the adoption of the bill to establish the position of Children’s Ombudsman and that it train more judges for juvenile courts. The Committee recommends that the State party set up a juvenile justice system in line with the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules, General Assembly resolution 40/33) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines, General Assembly resolution 40/112). (para 19)

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UN Committee on the Elimination of all Forms of Racial Discrimination

(CERD/C/SEN/CO/16-18)

Last reported: 14 – 15 August 2012

Concluding Observations issued: 24 October 2012

Concerns raised:

Talibé children: The Committee notes with interest the importance attached to the problem of economic exploitation of talibé children and the numerous steps that the State party has taken to improve their education and increase the protection afforded to them. The Committee notes with concern, however, the persistence and scale of the problem surrounding the talibés, most of whom come from neighbouring countries. The Committee is concerned at the fact that many of these children are victims of trafficking, are exploited as beggars, are subjected to physical and psychological abuse, and live in appallingly unhealthy conditions involving serious deprivation. The Committee also regrets that the inconsistency between article 3 of Act No. 2005-02, prohibiting begging, and article 245 of the Criminal Code, which permits begging “on the days, in the places and in the circumstances confirmed by religious traditions”, persists despite the recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/HRC/16/57/Add.3, para. 31) (art. 5).

The Committee recommends that the State party speed up the daara modernization programme and introduce without delay the standard curriculum for Koranic schools launched in 2011. The State party should also set up a complaints mechanism accessible to children, tighten up its inspections of religious schools and impose more severe punishments on marabouts engaging in economic exploitation of talibés. The Committee further recommends that the State party continue to strengthen the measures in place to combat child trafficking and that it speed up its implementation of measures for the rescue and rehabilitation of street children. (para 14)

Refugees: (…) The State party nevertheless regrets that numerous refugees are still awaiting their identity papers and therefore remain in a vulnerable situation, as they are excluded from some benefits and do not enjoy full freedom of movement or access to education for their children (art. 5).

The Committee draws the State party’s attention to its general comment No. 30 (2004) on discrimination against non-citizens and encourages it to facilitate the integration of all refugees living in Senegal and issue them with identity papers as soon as possible so that they can fully enjoy their rights. (para 16)

Nationality: While the Committee welcomes the information provided by the delegation on the draft amendments to the Nationality Code, it is disturbed to note that the law currently does not allow Senegalese women married to foreigners to pass their nationality on to their children or their husbands in the same way that Senegalese men may (arts. 2 and 5).

The Committee recalls its general comments No. 25 (2000) on gender-related dimensions of racial discrimination and No. 30 (2004) on discrimination against non-citizens, and it recommends that the State party speed up its revision of the Nationality Code so as to ensure that Senegalese women married to foreigners may pass their nationality on to their children or their husbands in the same way that Senegalese men may. (para 19)

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UN Committee on Migrant Workers

(CMW/C/SEN/CO/1)

Last reported: 24 – 25 November 2010

Concluding Observations issued: 10 December 2010

Concerns raised:

Child labour: The Committee notes with concern that more than half of the children who are forced to beg in the Dakar region come from neighbouring countries and that the State party has not taken any practical steps to end regional trafficking in children for the purpose of begging. The Committee also regrets that the State party has not paid sufficient attention to the large-scale economic exploitation of talibés from neighbouring countries, most of them subjected to violence and ill-treatment by marabouts, despite the 2006 recommendations of the Committee on the Rights of the Child (CRC/SEN/CO/2, paras. 60 and 61) in that regard.

The Committee encourages the State party to introduce, in cooperation with the States concerned, all necessary measures to prevent and combat the trafficking of children from neighbouring countries for the purpose of begging. The Committee also urges the State party to take all necessary steps to ensure that those responsible for the trafficking and exploitation of children are brought to justice and receive heavy sentences. The Committee also recommends that the State party introduce programmes to take children who are forced to beg, including talibés, off the streets and ensure they receive the necessary psychosocial rehabilitation services. (para 18)

Parent migration: The Committee regrets that, despite studies conducted by international organizations on the impact of migration on children left behind in countries of origin while one or both parents work abroad, the State party has not paid sufficient attention to the issue, as illustrated by the lack of legislation and policies in that regard, particularly social protection policies for such children.

The Committee encourages the State party to ensure that the vulnerable situation in which children find themselves when one or both of whose parents have migrated is fully taken into consideration in the formulation of laws, policies and measures in all areas, in particular those related to social protection. (para 19)

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/1/Add.62)

Last reported: 14 August 2001

Concluding Observations issued: 24 September 2001

Concerns raised:

Discrimination: (…) The Committee is particularly concerned about the lack of progress made by the State party in eradicating the enduring discriminatory practices against women and girls. Such practices include polygamy, restricted access to land, property, housing and credit facilities, and the inability to inherit land. (para 15)

The Committee calls upon the State party to take remedial action to address the inequality of and discrimination against women and girls in Senegal, both in law and in practice. In particular, the Committee urges the State party to consider repealing article 152 of the Family Code. (para 38)

Health: The Committee is concerned about the rise in clandestine abortions, unwanted pregnancies and the high rate of maternal mortality which is as high as 500 deaths per 100,000 live births.

The Committee urges the State party to take remedial action to address the problems of clandestine abortions, unwanted pregnancies and the high rate of maternal mortality. In this regard, the Committee urges the State party to undertake more effective reproductive and sexual health programmes in schools and colleges. (para 26)

The Committee is concerned about the high incidence of infant mortality, especially in rural areas. The Committee is also concerned that many children in the rural areas suffer from serious malnutrition and retarded growth. (para 28)

The Committee is concerned that the asylum-seekers who, while waiting for a decision on their status, which takes a long time, are denied access to basic social services, including hospital care. The Committee is also concerned that children of asylum-seekers who have not yet been granted refugee status cannot enrol in school unless they are able to pay tuition fees. (para 33)

The Committee calls upon the State party to make safe drinking water accessible to the entire population and to combat the problems of malnutrition, especially among children, hygiene and water-related diseases. (para 55)

Street children: The Committee is concerned about the increasing number of street children, especially in Dakar, and about the high incidence of child labour, especially in rural areas, and the exploitation of children engaged in agriculture, domestic work, informal trading and other services. The Committee is also concerned about the low remuneration that children receive which is well below the minimum wage. (para 27)

The Committee strongly recommends that the State party address the problem of street children and reintegrate them into mainstream society. (para 48)

Child labour: The Committee urges the State party to take effective measures to reinforce existing laws on child labour and to improve its monitoring mechanisms in order to ensure that those laws are enforced and to protect children from economic exploitation. In this regard, the Committee urges the State party to consider ratifying the ILO Worst Forms of Child Labour Convention, 1999 (No. 18) (para 49)

The Committee is concerned that the State party is not taking appropriate measures to protect the rights of domestic workers, mostly women and girls, especially with regard to their lack of access to basic social services, their unfavourable working conditions and their wages, which are far below the minimum wage. (para 21)

Asylum-seekers: The Committee is concerned that the asylum-seekers who, while waiting for a decision on their status, which takes a long time, are denied access to basic social services, including hospital care. The Committee is also concerned that children of asylum-seekers who have not yet been granted refugee status cannot enrol in school unless they are able to pay tuition fees. (para 33)

The Committee urges the State party to expedite the consideration of the applications of asylum-seekers and to provide them with basic social services, including hospital care and free education for their children. (para 54)

Education: The Committee is concerned about the low rate of primary school enrolment and about the high rate of illiteracy in Senegal, especially among women. The Committee is also concerned that the State party is no longer always hiring trained teachers, but employs at lower wages unskilled teachers as volunteers, and that the number of drop-outs among primary and secondary school pupils is significant. (para 34)

The Committee recommends that the State party establish literacy programmes for adults and intensify its efforts to increase the school attendance of children, especially at the primary level, and address the problem of drop-outs among primary and secondary pupils. (para 57)

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UN Human Rights Committee

(CCPR/C/79/Add.82)

Last reported: 21 – 22 October 1997

Concluding Observations issued: 19 November 1997

Concerns raised:

Health: (…) The Committee continues to be especially disturbed at the persistent custom of female genital mutilation, which violates articles 6 and 7 of the Covenant, and the high rate of maternal mortality which results from that practice, from early child birth and from the strict prohibition of abortion. It recommends that judges and lawyers make use of ordinary criminal law provisions to deal with instances of female genital mutilation until a specific law for this offence, the adoption of which the Committee strongly supports, is enacted. In this regard: (…) it urges the State party to abolish practices prejudicial to women’s health and to reduce maternal mortality. (…) (para 12)

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UN Committee on the Elimination of Discrimination against Women

Last reported: 27 January 1994

Concluding Observations issued: 2 April 1994

Concerns raised:

No mention of children’s rights

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UN Committee on the Rights of Persons with Disabilities

Ratified in 2010, but not yet reported.

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UN Committee on Enforced Disappearance

Ratified in 2008, but not yet reported.

Previous UN Treaty Bodies report items

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Last updated 06/06/2013 15:50:26

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