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Print this pageURUGUAY: Children's Rights in UN Treaty Body Reports

Date:

30/10/2013

Organisation:

Child Rights International Network

Resource type:

UN Treaty Bodies report

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 on the Elimination of Racial Discrimination

CERD/C/URY/CO/16-20

10 March 2011 – Report published.

Date of review: 17 / 18 February 2011

Issues raised:

Education: The Committee is concerned that, despite the some measures taken by the State party, people of African descent continue to be victims of inequalities, particularly in employment where they occupy low-skill jobs; in housing where they continue to live in the poorest neighbourhoods on the outskirts of the city; and in education, where drop-out rates of children of African descent remain high compared to other ethnic groups in the population of the State party. (art.5) (Paragraph 14)

The Committee recommends that the State party strengthen its efforts, including by undertaking special measures in favour of people of African descent and indigenous origin, in order to reduce in equalities and to improve their effective integration in the Uruguayan society. In particular, the State party should:

(c) implement the 2008 law on education and strengthen special measures aimed , inter alia, at reducing the school drop-out rates of children of African descent and indigenous origin, and at sensitizing their parents to the benefits of education.

 

____________________________________________

UN Committee on the Elimination of All Forms of Discrimination against Women

CEDAW/C/URY/CO/7

Report published on 14 November 2008

Date of review : 23 October 2008

Issues raised:

Trafficking: While welcoming the State party’s participation in the 2006 MERCOSUR action plan against trafficking and the 2007 national action plan for the eradication of commercial and non-commercial sexual exploitation, the Committee is deeply concerned about the persistence of trafficking in women and girls from and into the State party for the purposes of sexual exploitation. It regrets that there are no official records or statistical data and that no research has been undertaken to assess the incidence of this phenomenon. The Committee is also concerned at the lack of sufficient and effective measures to address trafficking in human beings. (Paragraph 28).

The Committee urges the State party to intensify its efforts to combat trafficking in women and girls, study its scope, causes, consequences and purposes, and systematically compile information with a view to formulating a comprehensive strategy that includes measures of prevention, prosecution and punishment of offenders, as well as measures to protect and rehabilitate victims and reintegrate them into society. It also recommends that the State party conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls and train law enforcement, migration and border police officials on the causes, consequences and incidence of trafficking in women and girls. The Committee requests that the State party carefully monitor the impact of measures taken and provide information on the results achieved.

Education: While noting that attendance at primary school is universal in the State party, the Committee is concerned about the current high repetition rate of girls in primary school and high drop-out rates in secondary school, especially among rural and Afro-descendant women. (Paragraph 32).

The Committee encourages the State party to introduce temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25, to reduce and eliminate high drop-out and repetition rates of girls at primary and secondary levels of education and include incentives for parents to send girls to school.

Teenage pregnancy: The Committee remains concerned at the high pregnancy rates among teenage girls and young women. It also remains concerned at the high incidence of maternal mortality, the leading cause of which is the practice of unsafe abortion. The Committee regrets that no strategies for the reduction of maternal mortality have been developed and that maternal health policies do not include attention to complications arising from unsafe abortion. (Paragraph 38).

The Committee recommends that the State party adopt and implement effective measures to prevent unsafe abortion and its impact on women’s health and on maternal mortality. It calls upon the State party to strengthen sexual education programmes and quality coverage by media and sexual and reproductive health services with a view to ensuring that women and men can make informed choices on the number and spacing of children.

HIV and AIDS: The Committee is concerned about the recent increase in the prevalence of HIV/AIDS among Uruguayan women and the absence of a strategic national plan to address this issue or measures for care of women and girls infected with HIV/AIDS. (Paragraph 40).

The Committee urges the State party to take comprehensive measures to combat the HIV/AIDS pandemic, to take strong preventive measures and to ensure that women and girls infected with HIV/AIDS are not discriminated against and are given appropriate assistance.

Early marriage: The Committee is seriously concerned that the Civil Code continues to contain provisions that discriminate against women with regard to family and marriage, in particular those establishing the minimum age for marriage, the prohibition of widowed or divorced women from remarrying for a period of 300 days from the death of the husband or the date of the divorce and the withholding of alimony from women who lead a “disorderly life”. The Committee regrets that the Code on Childhood and Adolescence has failed to modify the very low minimum age for marriage, which continues to be set at 12 for girls and 14 for boys, which is in contradiction to article 16, paragraph 2, of the Convention. (Paragraph 46).

In line with the Committee’s previous recommendation (A/57/38, part I, para. 205) and the Committee on the Rights of the Child’s recommendation (CRC/C/URY/CO/2, para. 26), the State party is called upon to eliminate discriminatory legal provisions in matters relating to family and marriage in order to bring its legislation into line with the Convention. In particular, the State party should raise minimum age of marriage for both men and women to 18 years, in line with article 16, paragraph 2, of the Convention, the Committee’s general recommendation 21 and article 14 of the Convention on the Rights of the Child.

Children born out of wedlock: While welcoming the adoption of the Code on Childhood and Adolescence, which contains a number of anti-discrimination provisions, the Committee is concerned that this Code retains the differentiation and stigmatization of children born out of wedlock. (Paragraph 48).

Further to the recommendations of the Committee on the Rights of the Child (CRC/C/URY/CO/2, para. 28), the Committee encourages the State party to eliminate discrimination against children born out of wedlock without delay. It encourages the State party to include in its next report information on the situation of single women with children born out of wedlock and measures taken to ensure that their rights are protected.

____________________________________________

UN Committee on the Rights of Persons with Disabilities

Ratified in 2009, but not yet reported.

 

____________________________________________

UN Committee on Economic, Social and Cultural Rights

E/C.12/URY/CO/3-4

Report published 1 December 2010

Date of review: 2 – 3 November 2010

Issues raised:

Children born out of wedlock: The Committee is concerned that, despite legislative changes designed to ensure equal treatment of children, de facto discrimination against children born out of wedlock is widespread (arts. 10 and 2, para. 2).

The Committee recommends that the State party strengthen its efforts to address discrimination against children born out of wedlock, including through amendments to its family law in order to bring it into line with the provisions of the Covenant. The Committee encourages the State party, in collaboration with civil society organizations and the media, to conduct awareness-raising programmes on the right of all children to equal treatment. (Paragraph 14).

Early marriage: The Committee is concerned that the minimum ages for marriage, namely 12 years for girls and 14 years for boys, are inconsistent with the requirement under the Covenant that marriage be entered into only with free consent. The Committee is further concerned that the lower age for girls is discriminatory (arts. 10, para. 1, and 3). (Paragraph 17).

The Committee calls on the State party to raise the minimum age of marriage to 18 years for both boys and girls.

Child labour: The Committee is concerned about the incidence of child labour in the State party, particularly in the solid waste removal industry. It is particularly concerned that the legal framework does not sufficiently address the requirements of relevant international legal standards in the area of child labour, particularly in relation to the specification of categories of hazardous work and the right of every child to education. The Committee regrets the lack of detailed information on the practical measures taken by the National Committee for the Eradication of Child Labour (CETI), established in December 2000, to combat child labour and on the outcome of the survey on child labour referred to in paragraph 143 of the State party’s report (E/C.12/URY/3-4) (art. 10, para. 3). (Paragraph 18).

The Committee recommends that the State party:

(a) Enforce the existing legislation on the prohibition of child labour and ensure that children attend school;

(b) Strengthen its legal framework in line with the Covenant and other applicable international legal standards, including ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; and

(c) Provide, in its next periodic report, information on the measures taken by the National Committee for the Eradication of Child Labour (CETI) and on the outcome of the State party’s survey on child labour.

Disproportionate poverty: The Committee notes with concern that, despite a steady decline in poverty in recent years, partly due to significant economic growth and measures such as the National Social Emergency Plan (2005–2007) and the Equity Plan (2008), the percentage of the population living in poverty remains high. The Committee is also concerned about the disproportionate vulnerability to poverty of women, persons of African descent and children, particularly those under 6 years of age (arts. 11, para. 1, and 2, paras. 2 and 3). (Paragraph 19).

The Committee calls on the State party to:

(a)Strengthen the integration of economic, social and cultural rights into its Equity Plan, taking into account the Committee’s statement on poverty and the Covenant, adopted on 4 May 2001 (E/2002/22 E/C.12/2001/17, annex VII);

(b)Step up its efforts to reduce poverty; and

(c) Ensure that adequate resources are allocated for disadvantaged and marginalized individuals and groups.

Street children: The Committee is concerned that, despite the availability of shelters, many people, the majority of whom are children, live on the streets, where they have limited access to health care, education and other rights guaranteed by the Covenant (art. 11, para. 1). (Paragraph 21).

The Committee recommends that the State party take effective measures to address the root causes of the phenomenon of people living on the streets and to ensure that they have access to health care, education, social security and other rights guaranteed under the Covenant. The State party is requested to provide information, in its next periodic report, on the impact of measures taken in this regard, including any plans and programmes implemented by the Institute for Children and Adolescents.

Health: The Committee notes with concern the significant regional disparities in access to and quality of health care, including the concentration of doctors around the capital and the disproportionate representation of the more remote regions in infant and child mortality rates (art. 12). (Paragraph 23).

The Committee recommends that the State party continue to strengthen the implementation of measures to ensure access to universal health care, including by addressing regional disparities in access and the incidence of preventable diseases among children.

Infant mortality: The Committee expresses concern that, although maternal mortality rates remain relatively low in the State party, unsafe abortion has been a leading cause of maternal death (art. 12). (Paragraph 24).

The Committee urges the State party to incorporate comprehensive sexual and reproductive health education into school curricula at both primary and secondary school level and introduce public education and awareness-raising programmes in this respect.

Education: The Committee is concerned at the significant secondary school dropout rates and poor levels of literacy in rural areas and among Afro-descendants, occurring despite substantial budgetary allocations for education (art. 13). (Paragraph 28).

The Committee recommends that the State party strengthen the implementation of existing measures to improve access to and quality of primary and secondary education for all children and take additional, effective steps to ensure that primary education is available, on a free and compulsory basis, and that secondary education is accessible, as provided in article 13 of the Covenant. Such measures should, in particular, address the need for further funding for education and the factors contributing to low enrolment and completion rates, and take into account the effect of poverty and income disparities on the realization of the right to education.

____________________________________________

UN Human Rights Committee

CCPR/C/SR.3031

Reports published: 23/24 October 2013

Date of review: 30 October 2013

Child sexual abuse: The Committee regrets that the State Party has not provided concrete information regarding the findings of criminal and/or disciplinary investigations currently open against officials of Uruguay's Children and Adolescents Institute (INAU) for alleged sexual abuse of several girls sent to live in a children's home.

The State Party must guarantee a prompt and independent investigation if all reports of abuse in children's homes, as well as prosecution of the alleged perpetrators to avoid a recurrence of the abuse.

Child labour and children in vulnerable situations: The Committee is concerned about child labour exploitation in the State Party, although it takes note of efforts made to provide support for children living or working in the street. 

The State Party must continue to take effective measure to combat the phenomenon of street children and the exploitation of children in general, and to organise public awareness-raising campaign on the rights of the child.


CCPR/C/79/Add.90

Report published - 8 April 1998

Date of review – 27 March 1998

Issues raised:

Law: The Committee, while recognizing the progress made by the State party in respect of children’s rights and in particular the future Code Relating to Minors (Codigo del Menor), remains concerned with the information provided by the delegation, that the future Code discriminates against female minors and fails to protect fully the new born child, as unmarried minor mothers may register their children at any age whereas minor fathers may only do so from the age of 16 onwards. (Paragraph 11)

The Committee urges the State party in the course of drafting this Code to bring the whole of it into full conformity with articles 3 and 24 of the Covenant. It wishes to receive the text of the Code when it is enacted.

 

____________________________________________

UN Committee against Torture

(CAT/C/17/Add.16)

Date of Review – 19 November 1996

No mentions of children's rights.

 

____________________________________________

UN Committee on Migrant Workers

Ratified in 2001, but not yet reported.

 

____________________________________________

UN Committee on Enforced Disappearance

(CED/C/URY/1)

Report published – 8 May 2013

Date of review - 9 and 10 April 2013

Issues raised:

Adoption: The Committee notes with interest the information provided by the State party on the regime governing adoption which respects the right to identity provided for in the Convention on the Rights of the Child. However, the Committee notes with concern the absence of specific procedures for the review and, where appropriate, the annulment of adoptions or placements that originated in an enforced disappearance. (Paragraph 35).

The Committee recommends that, in accordance with article 25, paragraph 4, of the Convention, specific procedures should be established for the review and, where appropriate, the annulment of adoptions or placements that originated in an enforced disappearance, as well as procedures which take into account the best interests of the child and, in particular, recognize the child’s right to be heard if he/she is capable of forming his or her own views. (Paragraph 36)

Enforced disappearances: The Committee wishes to recall the obligations undertaken by States when ratifying the Convention and, in this connection, urges the State party to ensure that all the measures it adopts, irrespective of their nature or the authority from which they emanate, are in full accordance with the obligations it assumed when ratifying the Convention and other relevant international instruments. In this regard, the Committee particularly urges the State party to ensure the effective investigation of all enforced disappearances and the full satisfaction of the rights of victims as set forth in the Convention. (Paragraph 37)

The Committee wishes to emphasize the particularly cruel effect of enforced disappearances on women and children. In the case of women, it exposes and makes them particularly vulnerable, as direct victims, to sexual and other forms of violence, and, as relatives of a disappeared person, to violence, persecution and reprisals. In the case of children, it makes them especially vulnerable to losing their identity. In this context, the Committee places special emphasis on the need for the State party to ensure that women and children who are victims of enforced disappearance are provided with special protection and assistance. (Paragraph 38).

 

 

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Last updated 22/11/2013 15:52:02

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.

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