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=====儿童权利委员会结论意见(英文)＝＝＝＝＝＝
United Nations
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CRC/C/CHN/CO/3-4
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||
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Convention on the
Rights of the Child |
Distr.:
General
4
October 2013
Original:
English
ADVANCE UNEDITED VERSION
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|
Committee
on the Rights of the Child
Concluding
observations on the combined third and fourth periodic reports of China
(including Hong Kong and Macau Special Administrative Regions), adopted by the
Committee at its sixty-fourth session (16 September – 4 October 2013)
1.
The Committee
considered the consolidated third and fourth periodic reports of China (CRC/C/CHN/3-4),
including Hong Kong Special Administrative Region (Hong Kong SAR) and
Macau Special Administrative Region (Macau SAR), at its 1833rd, 1834th and 1835th
meetings (see CRC/C/SR. 1833, 1834 and 1835), held on 26 and 27 September 2013,
and adopted at its 1845th meeting, held on 4 October 2013, the
following concluding observations.
I. Introduction
2.
The Committee
welcomes the submission of the consolidated third and fourth periodic reports
of China, including Hong Kong SAR and Macau SAR, and the written replies to its
list of issues (CRC/C/CHN/Q/3-4/Add.1, CRC/C/CHN-HKG/2/Add.1 and
CRC/C/CHN-MAC/Q/2/Add.1), which allowed for a better understanding of the
situation of children’s rights in the State party. The Committee expresses
appreciation for the constructive dialogue held with the multisectoral
delegation of the State party.
II. Follow-up measures undertaken and progress
achieved by the State party
3.
The Committee
welcomes the adoption of the following legislative measures by mainland China:
(a) The revisions of the Law of the People's
Republic of China on the
Protection of Minors in
December 2006 and in October
2012;
(b) The revision
of the ‘Criminal Procedure Law in March 2012,’ which added a chapter on “Special
criminal procedures for juvenile offenders”; and
(c) The Law on
Social Insurance in October 2010.
4.
The Committee notes
with appreciation the accession to or ratification of:
(a) The Optional Protocol to the
Convention on the Rights of the Child on the involvement of children in armed
conflict in 2008; and
(b) The Convention on the Rights
of Persons with Disabilities in August 2008.
5.
The Committee
welcomes the adoption of the following policy measures in mainland China:
(a)
The Action Plan against Human Trafficking (2013-2020) in March
2013;
(b)
The National
Program for Child Development (2011-2020) in July 2011; and
(b) The Third Ten-Year Program
for the Development of Children and the 12th Five-Year Social Economic
Development Plan (2011-2015) with a child focus.
III. Main
areas of concern and recommendations
A. General measures of
implementation (arts. 4, 42 and 44, para. 6, of the Convention)
The Committee’s
previous recommendations
6.
The Committee,
while welcoming the State party’s efforts to implement the Committee’s
concluding observations of 2005 on the State party’s second periodic report
(CRC/C/CHN/CO/2), notes with regret that some of the recommendations contained
therein have not been fully addressed.
7.
The
Committee reiterates its recommendations to mainland China and Macau SAR and
Hong Kong SAR to take all necessary measures to address all those
recommendations that have not been implemented or not sufficiently implemented
and urges the State party to:
(a) Immediately withdraw its
reservation to article 6 of the Convention in order to promote and safeguard
the inherent right to life of every child and that Hong Kong SAR withdraw its
reservations to article 32 (2) and 37 (c) of the Convention;
(b) Further strengthen
coordination between the bodies and institutions working on the implementation
of existing programmes, policies and activities on the implementation of the
Convention in all areas of its juridiscition; and
(c) Explicitly prohibit by law
corporal punishment in the family, schools, institutions and all other
settings, including penal institutions.
Comprehensive
policy and strategy
While the Committee notes as positive the
adoption of the National Program for Child Development (2011-2020) in
July 2011 (hereinafter referred to as
the NPA) for mainland China, it is concerned that the NPA lacks specific
indicators, timetables, and a system to monitor progress, both at the national,
provincial and county levels, which could lead to inconsistent implementation.
The Committee is further concerned about the lack of participation of independent
experts and non-governmental organizations in the assessment and evaluation of
plans and policies on children, including the NPA.
8. The Committee recommends that mainland
China adopt as a priority a comprehensive strategy and a framework aimed at
supporting the implementation of the NPA at the provincial, prefectures and
county levels of government, spelling out the key priorities, goals, objectives
and activities with specific responsibilities assigned to the relevant
ministries/departments as well as a monitoring and evaluation system with key
indicators. It encourages mainland China to establish a coordinated mechanism
that would enable the submission and review of progress reports on the
implementation of the NPA by all provinces, prefectures and counties. It
further recommends that mainland China ensure the regular, broad and
transparent consultations with children and civil society, including
independent experts, in the monitoring and evaluation process of the
NPA and other policies and plans related to children.
9.
The Committee
regrets that notwithstanding its previous recommendations to establish a
comprehensive plan of action for the implementation of the Convention
(CRC/C/CHN/CO/2, para 15), Hong Kong SAR and Macau SAR still lack a
comprehensive policy and strategy on children in their respective jurisprudence
to guide all laws, policies, plans and programmes affecting children in a
holistic and integrated approach.
10.
The
Committee recommends that Hong Kong SAR and Macau SAR respectively, adopt a comprehensive
policy on children and on the basis of that policy, develop a strategy with
clear objectives and coordinated plans for actions for the implementation of
the Convention, and allocate adequate human, technical and financial resources
for their implementation, monitoring and evaluation.
Allocation
of resources
11.
The Committee
welcomes the efforts made by mainland China to reduce the severe regional and
rural-urban inequalities and disparities. However, the Committee is seriously
concerned about the persistence of such disparities, especially in rural and
western areas of mainland China, and the inadequate resources allocated to the
local governments for the implementation of children’s rights.
12.
The Committee
is further concerned that:
(a) Budget allocations from the
central Government and funding for policies and plans concerning children’s
rights, particularly the NPA, are inadequate (GDP allocation to health is 1.4
per cent and for education 4 per cent) and depend on provincial and lower level
resources, resulting in sharp inequities in public resource allocations;
(b) Crucial areas, such as
compulsory education, maternal and child health care, health infrastructure as
well as the outreach of services, maintenance of quality control and expansion
of welfare services to children living in poverty and disadvantaged families,
including services for children with disabilities, continue to be underfunded;
and
(c) In Hong Kong SAR, resource
allocations to education and social welfare remain inadequate and do not
effectively target the most vulnerable groups, particularly children of ethnic
or linguistic minorities, asylum seeking children, children living in poverty
and children with disabilities.
13.
In the
light of its day of general discussion in 2007 on “Resources for the Rights of
the Child - Responsibility of States” and with emphasis on articles 2, 3, 4 and
6 of the Convention, the Committee recommends that:
(a) Mainland China take special
measures to reduce regional and urban-rural disparities and establish a
budgeting process with a child-rights perspective to adequately take into
account child rights and areas of need and concern;
(b) Mainland China effectively
increase budgetary allocations from central to provincial and local
governments, especially in rural areas and western provinces, for the
implemetation of policies, plans and structures concerning the implementation
of children’s rights, particularly the NPA and in the areas of health,
education and other key social services. Mainland China should also establish
mechanisms to monitor and evaluate the efficacy, adequacy and equitability of
the distribution of resources across provinces, prefectures and counties; and
(c) Mainland China, Hong Kong SAR
and Macau SAR define strategic budgetary lines for children in disadvantaged or
vulnerable situations that may require affirmative social measures, for example
children of ethnic minorities, children with disabilities and migrant children,
and ensure that those budgetary lines are protected even in situations of
economic crisis, natural disasters or other emergencies.
Data
collection
14.
The Committee
reiterates its concern about the limited public accessibility to reliable and
comprehensive statistical data in mainland China in all areas covered by the
Convention (CRC/C/CHN/CO/2, para 22). The Committee is particularly concerned
that due to laws and regulations on guarding State secrets in mainland China,
disaggregated data and important statistics critical for an effective
implementation and monitoring of the Convention are often not available in the
State party.
15.
The
Committee recommends that mainland China review the secrecy laws and
regulations in order to ensure that information concerning children,
particularly violence against children, cases of infanticide, child labor,
juvenile justice, children with disabilities and children affected by migration
are systematically collected, made publicly available and discussed and used
for the development of policies and plans on children’s rights. In this regard,
it further recommends that mainland China establish an independent review
mechanism for the classification of state secrets.
16.
While noting
some progress in Macau SAR, the Committee reiterates its concern that a
comprehensive and reliable data collection system is still not in place in
Macau SAR and Hong Kong SAR respectively, that data concerning children is
scattered among different departments and there is a lack of lack of
disaggregated data on children under 18 years in some areas of the Convention.
17.
The
Committee strongly recommends that Macau SAR and Hong Kong SAR establish
centralized data collection systems to collect independently verifiable data on
children, and to analyze the data collected as a basis for assessing progress
achieved in the realization of child rights, and for designing policies and
programmes to implement the Convention. The data should be disaggregated by
age, sex, geographic location, ethnicity and socio-economic background to
facilitate analysis of the situation of all children, with particular attention
to children of ethnic minorities, documented or undocumented migrant children,
refugee and asylum-seeking children and children with disabilities.
Independent
Monitoring
18.
The Committee
reteirates its concern about the lack of independent national human rights
institutions with a clear mandate to monitor children’s rights in mainland
China, Hong Kong SAR and Macau SAR. The Committee is further concerned that
contrary to its previous recommendations and despite the Legislative Council’s
motion in June 2007 to establish an independent Children’s Commission, Hong
Kong SAR has not taken any steps to set up such Commission.
19.
The
Committee draws attention to its general comment No. 2 (2002) on the role of
independent national human rights institutions in the promotion and protection
of the rights of the child and reiterates its recommendation that the State
party promptly establish independent national human rights institutions in
mainland China, Hong Kong SAR and Macau SAR in accordance with the principles
relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles) in order to systematically and
independently monitor and evaluate progress in the implementation of the
Convention at the national and local levels and to deal with complaints from
children in a child-sensitive and expeditious manner. The Committee, furthermore,
recommends that Hong Kong SAR expedite the establishment of a Children’s
Commission or another independent human rights institution with a clear mandate
to monitor children’s rights and provide it with adequate financial, human and
technical resources.
Cooperation
with civil society
20.
The Committee
is deeply concerned about the obstacles faced by NGOs and the limited scope for
human rights defenders and journalists to report, inter alia, on children’s
rights violations in mainland China due to continuous threats, police
harassment, enforced disappearances and arrests of human rights defenders. The
Committee further notes with serious concern reports of government persecution
of families, including children of human rights activists and dissidents, and
retaliation and harassment of families advocating for children’s rights, as in
the case of parents seeking accountability for the deaths of children due to
the collapse of schools during the 2008 Sichuan earthquake.
21.
The
Committee strongly recommends that mainland China:
(a) Take immediate action to
allow journalists, human rights defenders and all NGOs to monitor, investigate
and report human rights violations and exercise their right to freedom of
expression and opinion without any form of threats, harassment or repercussions;
(b) Urgently end all forms of
intimidation and retaliation against families seeking accountability for
violations of children’s rights and against children of human rights defenders;
and
(c) Ensure that reported
instances of intimidation and harassment of families pursuing children rights
and of human rights defenders and their families are promptly and independently
investigated, and that those responsible for such abuses are held accountable.
Child rights and the
business sector
22.
The Committee
is deeply concerned about the incidence and prevalence of lead poisoning of
children in mainland China, which has resulted in permanent mental and physical
disabilities among hundreds of thousands of children, especially in poor and
rural areas. The Committee is particularly concerned about the lack of remedial
solutions for the affected children and their families, reports of threats
against individuals seeking treatment and information and refusal to provide
appropriate treatment for the affected children.
23.
The
Committee draws the State party’s attention to its general comment No. 16
(2013) on State obligations regarding the impact of the business sector on
children’s rights and recommends that mainland China strengthen the
implementation of regulations to ensure that the business sector complies with
international and national human rights, labour, environment and other
standards, particularly with regard to child rights. The Committee recommends
that mainland China:
(a) Immediately carry out a
nationwide, publicly accessible, assessment to determine the extent of lead
poisoning affecting children and communities across the country, and design a
comprehensive public health strategy to tackle chronic lead exposure and its
long-term consequences;
(b) Effectively monitor the
implementation of the regulatory framework for the industries, including
chemical factories operating in the State party, to ensure that their
activities do not affect children’s rights and have adverse impact on children;
and ensure appropriate sanctions and remedies are provided when violations
occur;
(c) Establish monitoring
requirements for all industries to undertake assessments, consultations, and
full public disclosure of the environmental, health-related and human rights
impacts of their business activities and their plans to address such impacts;
and
(d) Investigate and hold
accountable government officials, including local officials, suspected of
failing to uphold environmental regulations or preventing people from accessing
information or medical care, and ensure that children and their families have
immediate and full access to effective and medically approved treatment and
long-term remedies, including rehabilitation services and compensation.
B. General
principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
24.
The Committee
is deeply concerned at the continuous violations of rights and discrimination
against Tibetan and Uyghur children and children of Falun Gong practitioners in
mainland China, including their right to freedom of religion, language and
culture. The Committee is further concerned about the persistence of
discrimination against children with disabilities, children of migrant workers,
refugee and asylum seeking children, and children infected with or affected by
HIV/AIDS, particularly in relation to education, housing, health care and other
social services.
25.
In light of
article 2 of the Convention, the Committee urges mainland China to take
immediate actions to eliminate policies, practices and security measures that
disproportionately affect or discriminate against Tibetan and Uyghur children
and children of Falun Gong practitioners. It further recommends that mainland
China identify and eliminate all forms of discrimination, including in
education, health and social services against children with disabilities,
children of migrant workers, refugee and asylum-seeking children and children
infected with or affected by HIV/AIDS.
26.
The Committee
is deeply concerned about the pervasive discrimination against girls and women
in mainland China and the persistent patriarchal attitudes and deep-rooted
stereotypes and practices that perpetuate discrimination against girls. The
Committee is further concerned that due to longstanding traditions and cultural influences
for boy preference and unequal
status of girls, sex-selective abortions, female infanticide and abandonment of
girls remain widespread, resulting among others in a high male to female sex
ratio.
27.
The
Committee urges mainland China to put in place a comprehensive approach to take
effective and systematic action to combat social, cultural and economic
discrimination against girls and women, including social-institutional norms
and practices that are inconsistent with the provisions of the Convention
and perpetuate discrimination
against girls. The Committee further recommends that mainland China take
immediate legal, policy and awareness-raising measures to prevent sex-selective
abortions, female infanticide and abandonment of girls, including by addressing
factors that reinforce cultural norms and practices that discriminate girls.
28.
The Committee
reiterates its concern about the persistence of discrimination against children
with disabilities, refugee and asylum-seeking children and undocumented
children of migrant workers in
Hong Kong SAR. It is concerned about the justification provided by Macau SAR,
in response to the Committee’s request to provide information on the practical
implementation of article 2, that no complaints related to discrimination have
been recorded in its jurisdiction.
29.
The
Committee recommends that Hong Kong SAR intensify measures, including
awareness-raising, identification of discriminatory policies and timely
implementation of relevant programs, to combat discrimination against children
with disabilities, undocumented children of migrant workers, refugee and
asylum-seeking children, and to ensure that these children have equal access to
basic services, including health, education and other social services. The
Committee reminds Macau SAR that the absence of formal complaints does not
imply that children are not discriminated against in its jurisdiction and
recommends that Macau SAR actively seek information on discrimination,
especially on children who are vulnerable to discrimination and pursue all
legislative and policy measures to eliminate all forms of
discrimination against children.
Best
interests
30.
The Committee
is concerned that the best interests of the child is not always fully reflected
and incorporated in key child-related acts and policies in mainland China, Hong
Kong SAR and Macau SAR. While welcoming the statement in the report of Hong
Kong SAR that the best interests of the child are necessary considerations
which are paramount in all relevant decision-making, the Commitee is concerned
about the lack of general legislation providing for the best interests of the
child.
31.
The Committee
recommends that Hong Kong SAR uphold its commitment to apply the best interests
of the child and that mainland China, Hong Kong SAR and Macau SAR strengthen
their efforts respectively to ensure that the best interests of the child is
appropriately integrated and consistently applied in all legislative,
administrative and judicial proceedings, as well as in all policies, programmes
and projects that have an impact on children.
Right
to life, survival and development
Infanticide
32.
The Committee
notes as positive the ‘Care for Girls’ campaign to change traditional
preferences for boys and promote greater recognition of the value of girls in
mainland China. However, it is seriously concerned that despite such programs,
infanticide, particularly of girls and children with disabilities remain
pervasive, a problem which is exacerbated by mainland China’s ‘One-Child
Policy.’
33.
In light of
article 6 of the Convention, the Committee urges mainland China to consider
revising its stringent family planning policy in an effort to combat
infanticide, in particular of girls and children with disabilities and to
ensure that every child’s inalienable rights to life and survival are
protected. It specifically recommends that mainland China:
(a) Adopt comprehensive legal and
policy measures to address the underlying factors for infanticide, including the
‘One-Child Policy’;
(b) Ensure more effective and
consistent application and enforcement of laws against infanticide in all
provinces and prefectures; and
(c) Improve ways to count, verify
and register every birth.
Self-
immolations by Tibetan children
34.
The Committee
is deeply disturbed by an alarming escalation of self-immolations by Tibetan
children and the failure of the State party to prevent such loss of life by addressing
the deep underlying causes and long-standing grievances of Tibetans. It is
further concerned about reports of detention and imprisonment of Tibetan
children accused of ‘inciting‘ self-immolations, and of harassment and
intimidation of families of victims, which could exacerbate the situation and
lead to more self-immolations.
35.
The
Committee urges mainland China to engage in a genuine dialogue with children,
religious and community leaders in Tibet Autonomous Region (TAR) in an effort
to halt self-immolations and protect the inherent right to life, survival and
development of all Tibetan children. It specifically recommends that mainland
China:
(a) Take urgent measures to
resolve the deep-rooted grievances of Tibetan children and their families,
including by reassessing and reforming policies and programmes, which have led
to the immolations and protests by children in TAR;
(b) Ensure that Tibetan children
injured after self-immolating have full access to free medical treatment and
that their conditions are independently verified and publicly reported; and
(c) Refrain from arresting and
detaining Tibetan children and implementing security measures that may
exacerbate the situation and ensure that children arrested or sentenced for
‘instigating’ or ‘inciting’ self-immolation can fully access their right to
legal aid and fair trial.
Respect
for the views of the child
36.
While the
Committee notes the establishment of child participation forums, it is
concerned about the lack of effective and broad mechanisms, in all areas of the
State party’s jurisdiction, to promote and facilitate respect for the views of
all children and children’s participation in all matters affecting them.
37.
The
Committee recommends that the State party establish effective consultative mechanisms
in mainland China, Hong Kong SAR and Macau SAR to ensure respect for the views
of children and their participation in all matters affecting them, including in
the development of policy-making, court decisions and on programme
implementation.
D. Civil rights and
freedom (arts.7,8,13-17, 19 and 37 (a) of the Convention)
Birth registration /
Name and nationality
38.
The Committee
is concerned that the rate of birth registration is low in poor and remote
areas of mainland China and among girls, migrant children, adopted children,
and children born outside of locally ‘sanctioned’ family size. It remains
particularly concerned that:
(a) The current family planning
policies on birth registration, including the issuance of birth certificates
and the negative impact of financial and other forms of penalties and
practices, significantly deter parents or guardians from registering their
children;
(b) The family household
registration (hukou) to which the birth
registration is attached impedes birth registration of children of migrant
workers; and
(c) Numerous administrative
requirements for obtaining a birth certificate and complex registration
procedures create many barriers to birth registration.
39.
The
Committee recommends that mainland China:
(a) Reform family planning
policies in order to remove all forms of penalties and practices that deter
parents or guardians from registering births of their children;
(b) Abandon the hukou system in
order to ensure birth registration for all children, especially for children of
migrant workers;
(c) Simplify, streamline and
facilitate the process of registration of birth by removing all financial and
administrative barriers associated with the process and improving services,
including availability and access to birth registry services for parents and
guardians;
(d) Intensify community
sensitization and public awareness of the importance of birth registration,
including among government agencies and in rural areas; and
(e) Seek technical assistance
from the United Nations Children’s Fund (UNICEF) among others, for the
implementation of these recommendations.
Freedom
of thought, conscience and religion
40.
The Commitee
is deeply concerned that despite the constitutional guarantees of freedom of
religious belief for ethnic and religious minorities, mainland China continues
to introduce series of regulations and policies that impose severe restrictions
on cultural and religious freedoms of various groups of children, including
Tibetan and Uighur children and children of Fagun Gong practitioners, among
others. In particular, the Committee is deeply disturbed by:
(a) Frequent reports indicating
that Tibetan and Uighur children and children of Falun Gong practitioners
seeking to exercise their right to freedom of religion and conscience are
arrested, detained and subject to ill-treatment and torture;
(b) The restrictions which limit
Tibetan children‘s ability and freedom to study and practice their religion,
such as the measures imposed on Tibetan monasteries and nunneries to place them
under close control and surveillance; and
(c) The situation of Gedhun
Choekyi Nyima, who disappeared at the age of six years in 1995, and despite the
State party’s information, mainland China has not allowed any independent
expert to visit and confirm his whereabouts, fulfilment of his rights and
well-being.
41.
In light of
Article 14 of the Convention and Article 36 of the State party’s Constitution ,
the Committee reminds mainland China (CRC/C/CHN/CO/2, para 45, 2005) that it
take all necessary measures to ensure the full implementation of the Regional
Ethnic Autonomy Act, effectively guarantee the right to freedom of thought, conscience and religion for
those under 18 which is not limited to certain recognized faiths, and respect
the rights and duties of parents to give guidance to their children in the
exercise of their rights in this regard in a manner consistent with the
evolving capacities of the child (para 45 a, 2005). In particular, the
Committee recommends that mainland China:
(a) Abolish criminal and
administrative penalties, including re-education through labour which target
children from certain groups, particularly Tibetan Buddhist, Uighur and
children of families practising the Falun Gong;
(b) Repeal all measures and
restrictions that prohibit Tibetan children of any age from participating in
religious activities or receiving religious education, including measures
imposed on monasteries and nunneries;
(c) Revise all policies and
legislative provisions, including Article 14 of the ‘Implementing Measures for
the Law on the Protection of Minors’, which impose serious restrictions on
Uyghur children’s right to religious freedom; and
(d) Immediately allow an
independent expert to visit Gedhun Choekyi Nyima and verify his health and
living conditions.
E.Violence against
children (articles 19, 37 (a) and 39 of the Convention)
Torture and other cruel
or degrading treatment or punishment
42.
The Committee
is deeply concerned about the frequently reported practice of torture and
ill-treatment of children from certain religious and ethnic groups in mainland
China for exercising their fundamental rights to freedom of religion, assembly
and expression, notably Tibetan and Uighur children and children of Falun Gong
practitioners as well as children in detention.
43.
In
accordance with article 37 (a) of the Convention, the Committee strongly urges
the State party to:
(a) Immediately carry out an
independent inquiry into all alleged cases of torture and ill- treatment of
children and publicly report on those cases;
(b) Ensure that all those who
have been ordering, condoning or facilitating these practices at all levels of
decision-making be brought to justice and be punished with penalties
commensurate with the gravity of their crimes; and
(c) Ensure that children who have
been victims of torture and ill-treatment obtain redress and adequate
reparation, including physical and psychological recovery and guarantees of
non-repetition.
Sexual exploitation and
abuse
44.
The Committee
is seriously concerned about the high prevalence of sexual exploitation and
abuse against children, including rape, in all areas of the State party’s
jurisdiction. In particular, the Committee is concerned about:
(a) The particular vulnerability
of children of migrant workers, especially those left behind by their parents
in the care of relatives or others in mainland China to sexual exploitation and
abuse;
(b) The low rate of prosecution
for such crimes against children and the pervasiveness of extrajudicial
settlements in mainland China and withdrawal of complaints in Macau SAR,
leading to impunity for perpetrators;
(c) The lack of awareness among
children in all areas of the State party’s jurisdiction about sexual abuse and
ways to respond to and report such incidents;
(d) The lack of procedures to
identify and support child victims of sexual exploitation and trafficking in
Hong Kong SAR; and
(e) The limited access to
justice, shelter, medical services, psychological counseling and compensation
for child victims of sexual exploitation and abuse under the national
legislation in mainland China, Hong Kong SAR and Macau SAR.
45.
The
Committee urges:
(a) Mainland China to strengthen
efforts to protect children of migrant workers from sexual exploitation and
abuse and ensure that legislation
relating to sexual abuse and exploitation is effectively enforced, and that
perpetrators of such crimes are brought to justice with sanctions proportionate
to their crimes;
(b) Mainland China, Hong Kong SAR
and Macau SAR to systematically collect data on sexual exploitation and abuse
against girls and boys, on the number of investigations and penalties against
perpetrators, and on redress and compensation offered to the victims;
(c) Mainland China, Hong Kong SAR
and Macau SAR to establish effective and child-friendly procedures and
mechanisms, including free helplines accessible to children, to receive,
monitor and investigate complaints and undertake awareness-raising activities
among children, including among boys, to encourage the reporting of sexual
violence and abuse in schools and communities;
(d) Hong Kong SAR to conduct a
comprehensive review of sexual offences in the Crimes Ordinance and reform laws
to criminalize all forms of child pornography and sexual exploitation of
children on the internet; it should also establish effective policies and
procedures to identify and support child victims of trafficking and sexual
exploitation;and
(e) Hong Kong SAR and Macau SAR
respectively to develop a national strategy to respond to the shelter, health,
legal and psychosocial needs of child victims of sexual exploitation and abuse,
including by adequate training for professionals.
Freedom
of the child from all forms of violence
46.
Recalling
the recommendations of the United Nations study on violence against children of
2006 (A/61/299), the Committee recommends that the State party prioritize the
elimination of all forms of violence against children. The Committee further
recommends that the State party take into account general comment No. 13
(CRC/C/GC/13, 2011), and in particular:
(a) Develop a comprehensive
national strategy to prevent and address all forms of violence against
children;
(b) Adopt a national coordinating
framework, including mandatory reporting of all cases and the necessary
follow-up measures to address all forms of violence against children;
(c) Pay particular attention to
and address the gender dimension of violence;
(d) Cooperate with the Special
Representative of the Secretary-General on violence against children and other
relevant United Nations institutions.
E. Family environment and
alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21, 25, 27 (para. 4) and
39 of the Convention)
Family
environment
47.
The Committee
notes with concern that due to the restrictive hukou policy, many migrant parents
face the difficult choice of leaving their children behind, resulting in 55
million children growing up without one or both parents in rural mainland
China. In this regard, the Committee expresses concern that instead of tackling
the root causes of abandonment of children, mainland China continues to adopt
policies that often promote institutionalization of left-behind children,
including in boarding schools.
48.
In
accordance with article 9 of the Convention, the Committee urges mainland China
to take immediate measures to avoid the separation of children from the family
environment, including by abolishing the hukou system and providing appropriate assistance and
support services to parents and legal guardians, including to working parents,
in the performance of child-rearing responsibilities. It further recommends
that mainland China reform the school merger programme and prioritize family
environment and community-based care rather than institutionalisation of
children.
49.
The Committee
is concerned that mothers from mainland China who have been married to Hong
Kong residents and have children who are Hong Kong SAR residents, are not able
to obtain residence permits in Hong Kong SAR but regularly have to go to
mainland China to renew their one-way entry permits, and that they have no
right to work or family support in Hong Kong SAR creating an unstable and
vulnerable family situation for their children.
50.
In
accordance with article 9 of the Convention, the Committee recommends that Hong
Kong SAR take all necessary measures to facilitate family reunification,
including by granting these mothers residence permits in Hong Kong SAR.
Children
deprived of a family environment
51.
The Committee
is seriously concerned about the widespread abandonment of children in mainland
China, particularly children with disabilities and girls, mainly due to its
family planning policy and discrimination and stigma attached to children with
disabilities and girls. Furthermore,
while it notes that the NPA calls for an increase in qualified child welfare
professionals by 2020, the Committee is concerned that the NPA and other new
policies advocate for the establishment of children’s homes and offer higher
funding for such institutions than for kinship and community based care, which
could unintentionally create incentives for government agencies to
institutionalize children rather than to seek community-based alternative care
options.
52.
The Committee
is concerned about the absence of procedures for regular review of the
placement of children in care Hong Kong SAR and the lack of legislation on the
termination of parental rights when necessary. It is also concerned about the
insufficient professional support and care provided to families and children in
Hong Kong SAR and that the best interests of the child and the right of the
child to be heard are not sufficiently considered in family crisis situations.
The Committee is concerned that in Hong Kong SAR and Macau SAR, children
deprived of family care are placed in residential institutions rather than in
family based care.
53.
The
Committee urges mainland China to take immediate steps to eliminate the
widespread stigma in relation to girls and children with disabilities and
reform its family planning policy, in an effort to address the root causes for
the abandonment of girls and children with disabilities. It further recommends
that, in all areas under its jurisdiction, the best interests of the child is
prioritised in all decisions about alternative care for children and that
community-based, family-type care is preferred over institutionalization. The
Committee further recommends that it continue to increase the number of
professionals working with children and provide training to all professionals,
including through allocation of additional government resources.
54.
The
Committee recommends that Hong Kong SAR implement the Law Reform Commission’s
recommendations concerning law and procedural reforms in this area and that
Macau SAR and Kong SAR increase resources and services, including family and
psychosocial counseling and parent education, and train all professionals
working with children. It further recommends that the right of the child to
have his or her best interests taken as a primary consideration and their right
to be heard are fully taken into account in all decisions regarding custody,
residence, contact or other issues which have an important impact on the life
and development of the child.
Adoption
55.
While the
Committee notes that mainland China has made efforts to combat unlawful
adoptions, it is deeply concerned that thousands of children are estimated to
be abducted, trafficked and sold every year, including for illegal adoption
purposes. It is particularly concerned about reports that some family planning
officials coerce parents to give up their children born in excess of their
parents’ birth quotas, and sell and transfer children into the care of local
orphanages for domestic or international adoption or forced labor. The
Committee also reiterates its concern about the absence of information and
public statistics about the number of children reportedly sold into adoption
for domestic and inter-country adoptions in mainland China (CRC/C/CHN/CO/2,
para 52, 2005) and the number of cases that were investigated and prosecuted.
56.
The
Committee recommends that the State party:
(a) Urgently review the current
mechanisms and procedures for domestic and intercountry adoption in mainland
China, in Hong Kong SAR and Macau SAR and ensure that professionals responsible
for adoption cases are fully equipped with the expertise needed to assess,
review and process cases, in a timely manner, in the light of the Hague
Convention;
(b) Create a transparent and
effective system for assessment and review of the adoption process in mainland
China, Hong Kong SAR and Macau SAR;
(c) Mainland China investigate
all cases of abductions and unlawful adoptions of children, including from
hospitals and “orphanages”, and ensure that perpetrators of such crimes,
including the government officials involved, are held accountable; and
(d) Establish a central data
collection system to identify the number of children abducted, including for
adoption purposes and children who have been rescued and reintegrated into
their families and communities in mainland China.
F. Disability, basic
health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the
Convention)
Children
with disabilities
57.
With respect
to mainland China, the Committee notes as positive the adoption of various
policies, which promote the rights of children with disabilities. However, it
notes with concern that the State party continue to adopt a medical approach to
disability and the services for children with disabilities are centered mostly
on institutions for physical ‘rehabilitation’. It is specifically concerned
about:
(a) The continued exception made
to the ‘One-Child Policy’ whereby families with a child with disabilities are
allowed to have a second child, a policy which promotes stigmatisation of
children with disabilities;
(b) The widespread stigma
attached to children with disabilities and multiple forms of discrimination
they experience, including limited access to education, health care and social
services;
(c) The severe urban-rural
disparity in the number of children with disabilities, and the high number of
them living in institutions, particularly in rural areas; and
(d) The State party’s policy of
actively developing segregated special schools while devoting few resources to
the education of children with disabilities in mainstream schools. The
Committee is further concerned about reports that children with disabilities
are denied admission by mainstream schools, pressured to leave the schools, or
sometimes expelled due to their disabilities.
58.
The Committee is concerned about the lack of screening
programmes for early detection of disabilities in mainland China, Hong Kong SAR
and Macau SAR.
59.
With regard to
Macau SAR, the Committee is concerned that children with disabilities
experience de facto discrimination and have limited access to inclusive
education and well-trained, motivated teachers. It is further concerned about
the lack of disaggregated data on children with disabilities in Hong Kong SAR,
and that reports indicate that they are commonly excluded and discriminated,
including by teachers, and bullied by their peers.
60.
Recalling
its general comment No. 9 (2006) on the rights of children with disabilities,
the Committee urges the State party to adopt a human rights-based approach to
disability and specifically recommends that it:
(a) Repeal all provisions which
result in de facto discrimination against children with disabilities and
include a specific prohibition of discrimination on the ground of disability in
all relevant legislation and policies, including the proposed Regulations on the
Education of People with Disabilities. Mainland China should also ensure that
children with disabilities are involved in the formulation and implementation
of the policies and plans affecting them at all levels;
(b) Independently monitor all
cases of disability-based discrimination in mainland China and in Hong Kong SAR
and Macau SAR and provide effective remedies in cases of violations of the
rights of children with disabilities;
(c) Prevent
and eliminate institutional-based care for children with disabilities in
mainland China and take immediate steps for the deinstitutionalization within a
reasonable timeframe and develop family and community-based care and services
as alternatives to institutional care;
(d) Further develop screening
services for prevention and early detection of disabilities in mainland China,
Hong Kong SAR and Macau SAR, and provide proper follow-up and early development
programmes;
(e) Promptly identify and remove
all the barriers, including physical that prevent students with disabilities
from entering and staying in the mainstream system in mainland China, in Hong
Kong SAR and Macau SAR and reallocate resources from the special education
system to promote the inclusive education in mainstream schools;
(f) Intensify its efforts to
tackle bullying of children with disabilities in schools in Hong Kong SAR,
including by teaching human rights, peace and tolerance, providing vocational
education for teachers and employing special assistance for children in the
classes. Furthermore, Hong Kong SAR should systematically collect disaggregated
data on children with disabilities and use the collected data in the
formulation of policies and programmes for children with disabilities; and
(g) Conduct awareness-raising and
educational campaigns targeting children with disabilities, the public at large
and specific groups of professionals with a view to preventing and eliminating
de facto discrimination against children with disabilities in mainland China,
in Hong Kong SAR and Macau SAR.
Health
and health services
61.
The Committee
welcomes the improvements in immunisation rates, as well as the significant
reduction in maternal and child mortality in mainland China and the increase of
births in hospitals, including in rural areas. However, it is strongly
concerned about the persistence of health disparities between urban and rural
areas, among migrant children and between and within different regions,
particularly in Western China. It is further concerned about the gaps in the
allocation of health resources between the urban and rural areas and the quality
of health care for children living in remote and poor areas and children of
migrant workers.
62.
The
Committee recommends that mainland China strengthen its efforts to address, as
matter of urgency, the existing disparities in health outcomes and resource
allocations in order to ensure that all children enjoy the same access to and
quality of health services, paying special attention to children in vulnerable
situations, especially children living in poverty and rural areas and children
of migrant workers. In particular, it recommends that mainland China take all
measures to eliminate child and maternal mortality, including by improving
health infrastructure and the availability and accessibility to emergency
obstetric and neonatal care and skilled birth attendants at primarily health
facilities in rural and poor areas.
63.
The Committee
is deeply concerned about unsafe vaccinations and blood transfusion, which
resulted in deaths, HIV infection and serious illness or disablity of thousands
of children across mainland China. It is further concerned that many families
of children who died or were seriously affected have not received any redress,
that there is an increase in mother to child transmission of HIV/AIDS and that
children infected or affected by HIV/AIDS lack free treatment and health
care. It also notes with concern
the lack of official statistics on the number of children affected in these
incidents or on their current situation in mainland China.
64.
The Committee
is further concerned about the decrease in the exclusive breast feeding and the
incidents of contaminated infant formula in mainland China.
65.
The
Committee strongly recommends that mainland China:
(a) Intensify
its efforts to reform laws and strengthen implementation of regulations on food
and health safety standards, including for business sector and ensure that any
officials or companies violating international and national environment and
health standards are appropriately sanctioned and remedies provided when
violations occur;
(b) Collects
systematic data on children affected and take all measures to ensure that all
children and their families have access to effective redress, including free
medical treatment and adequate compensation;
(c) Effectively
implement the central government’s policy of providing HIV-infected children
and orphans with free anti-HIV drugs, free schooling and a minimum monthly
subsidy of 600 yuan ($95), as reported in its replies to the Committee
(CRC/C/CHN/Q/3-4/Add.1);
(d) Promote
exclusive breastfeeding and the establishment of Baby-Friendly Hospitals and
adopt a Code of Marketing of Breast-Milk Substitutes with appropriate controls
on the marketing of artificial infant formula.
Adolescent
health
66.
The Committee
is disturbed by reports of forced sterilization and abortions in mainland China
targeting, among others, teenage girls, carried out by local family planning
officials in the context of implementation of mainland China's ‘One-Child
Policy,’ practices which contravene the fundamental principles and provisions
in the Convention.
67.
The
Committee recommends mainland China to promptly and independenly investigate
and publicly report all incidents of forced abortions and forced sterilization of
teenage girls by local authorities, and prosecute all officials responsible for
such crimes.
68.
The Committee
is concerned about the low awareness and insufficient services in the area of
adolescent health in the State party.
69.
The
Committee recommends that in all areas under its jurisdiction, the State party
ensure the widespread provision of comprehensive adolescent health services and
psychosocial support and improve awareness and knowledge, including by
providing sexual and reproductive health education in schools and life skills education
on the prevention of substance abuse, and to introduce school health services,
including youth-sensitive and confidential counselling and care.
Mental
health
70.
The Committee
remains concerned about the limited access and long waiting periods to mental
health services available for children in mainland China and Hong Kong SAR.
71.
The
Committee reiterates its recommendation (CRC/C/CHN/CO/2, para 65, 2005) that in
all areas under its jurisdiction, the State party expand preventive and
therapeutic mental health services for adolescents and that it adopt
comprehensive child mental health policies and ensure that mental health
promotion, counseling, prevention of mental health disorders in primary health
care, schools and communities are integral features of the policy.
Standard
of living
72.
While
welcoming Hong Kong SAR’s plan to increase its supply of public housing, the
Committee is concerned about the housing conditions in certain poor areas.
Furthermore, the Committee is concerned about the increasing child poverty in
mainland China and Hong Kong SAR and that children of migrants, children of
ethnic minorities and asylum seeking children are disproportionately
represented among the poor and live below the poverty line.
73.
The
Committee urges Hong Kong SAR to expedite the implementation of its public
housing programme. It further recommends that mainland China and Hong Kong SAR
adopt a multidimensional set of criteria for assessing and addressing child
poverty and take all necessary measures to eliminate regional, ethnic and
urban-rural disparities in children’s standard of living through, inter alia,
social protection and targeted programmes for children and families who are
particularly vulnerable to poverty, such as migrant children, children of
ethnic minorities and asylum seeking children.
G. Education, leisure and
cultural activities (arts. 28, 29 and 31 of the Convention)
Education,
including vocational training and guidance
74.
While the
Committee notes the significant achievements made by mainland China in
education, including the expansion of early childhood care and education, it is
concerned about the increasing disparities in access to and availability of
education for children living in rural areas and especially for children from
ethnic minorities, asylum seeking and refugee children, children of North
Korean mothers and migrant workers. In this regard, it is seriously concerned
about the reports of official harassment and forced closure of privately run
schools for migrant children in areas where they have little or no access to
the state school system. It is futher concerned about:
(a) The quality of education
throughout mainland China, affecting students’ repetition and retention and
high drop-out rates for lower secondary school especially in a number of
southern provinces;
(b) Inadequate sanitation and
hygiene, poor school infrastructure and physical safety for children in
schools;
(c) The lack of measures to
promote the use and learning of mother-tounge and minority languages in the
context of the bilingual education policy and discrimination against Tibetan
and Uyghur children and children of migrant workers within the Chinese
education system;
(d) The multiple barriers in the
use and promotion of the Tibetan language in schools in the Tibet Autonomous Region (TAR)
of China and reports of closure of schools and detention of teachers;
(e) The prohibition of admission
of children of an “evil cult” to educational institutions, as stipulated in
Article 10 of the 2013 regulation on “Admission Requirements for Universities
and Colleges,” which prevents children of Falun Gong practitioners, among
others, from obtaining college education; and
(f) The quality and
realiability of education data throughout the country.
75.
The
Committee recommends that mainland China continue to strengthen programmes and
policies to ensure the accessibility of quality education for all children,
particularly children of migrant workers, from ethnic minorities and refugee
and asylum-seeking children. It further urges mainland China to:
(a) Ensure adequate funding to
education at all levels and geographic areas and improve school infrastructure,
number of teachers and children’s access to school materials and
textbooks;
(b) End harassment and closure of
privately run schools for migrant children and ensure that education is
automatically made available to all refugee and asylumseeking children
following their arrival and registration in mainland China;
(c) Effectively implement the
bilingual language policy to ensure use and promotion of ethnic minority
languages and ensure participation from ethnic minorities, including Tibetan
and Uyghur children at the local and regional levels in the decision-making
process of the education system;
(d) Eliminate all restrictions,
including the closure of Tibetan schools, that severely restrict the ability of
Tibetan children to learn and use the Tibetan language in schools; mainland
China should also ensure that all teaching and learning materials for the
primary and secondary level are also available in ethnic minority languages and
with culturally sensitive content, as guaranteed by the Chinese Constitution;
(e) Immediately repeal Article 10
of the 2013 “Admission Requirements for Universities and Colleges” and ensure
that all children can access education without any restriction, reglardless of
their religion, belief or conscience;
(f) Expedite its efforts to
improve school construction, safety and hygiene and access to adequate
sanitation in all schools; and
(g) Devote more technical, financial
and human resources and introduce international standards to improve data
quality, disaggregation and analysis and ensure data availability, transparency
and public review in education to improve data quality.
76.
In Hong Kong
SAR, the Committee is concerned about:
(a) The bullying in schools and
competitive nature of the school system, resulting in anxiety or depression
among children and infringing their right to play and rest;
(b) The de facto discrimination
of ethnic minority children and racial segregation in the public school system,
due to availability of teaching only in Chinese and the system of so-called
government-subsidized “designated schools” for these children; and
(c) “Cross border children” who
have no access to local schools and are commuting daily to and from Mainland
China.
77.
In Macau SAR,
the Committee is concerned about the drop out of children, particularly
pregnant adolescents, from secondary schools.
78.
The
Committee recommends that Hong Kong SAR:
(a) Take measures to address bullying
in schools, including with the participation of students themselves and to
reduce the competitiveness of the education system and promote active learning
capacities and the right of the child to play and leisure, including by the
training of teachers and providing more social workers and psychologists in
school, and sensitisation of parents and guardians;
(b) Urgently abolish the system
of so-called “designated schools” for children of ethnic minorities and
reallocate resources to promote their access to education into mainstream
schools, including through scholarships or lower entry qualifications;
(c) Intensify its efforts to
implement legislation and policies on bilingual education at all levels of
education, ensuring high quality education in Chinese as a second language and
(d) Ensure access to local
schools for all children living in Hong Kong SAR.
79.
The
Committee recommends that Macau SAR strengthen its efforts to improve school
attendance and retention programmes, especially for pregnant adolescents and
promote quality education to enhance students’ motivation and retention.
H. Other special
protection measures (arts. 22, 30, 38, 39, 40, 37 (b)-(d), 32-36 of the
Convention)
Asylum-seeking and
refugee children
80.
The Committee
welcomes mainland China’s pledge in 2011 to “endeavor to finally settle the
Indochinese refugee issue”. The Committee, however, is particularly concerned
that:
(a) Children entering mainland
China from the Democratic People’s Republic of Korea (DPRK) are still
categorically considered as economic migrants and returned to the DPRK without consideration of whether there
are risks of irreparable harm to the children upon return;
(b) Children of North Korean
mothers lack legal identity and access to basic rights, particularly education
as they are not registered under the hukou system out of fear that their
mothers would be identified and forcibly returned to DPRK;
(c) Mainland China failed to
recognize the Kachin asylum seekers, including children as refugees despite
their circumstances and forcibly returned them to Myanmar in August 2012; and
(d) There is an absence of
special reception procedures or facilities for unaccompanied and separated
refugee and asylum-seeking children and that they lack access to health care,
special care and protection.
81.
The Committee
notes as positive the decision of Hong Kong SAR to grant asylum-seeking and
refugee children access to the national public school system. However, it is
concerned about the lack of special care and protection for asylum seeking
children upon their arrival and the administrative practice of detaining them
and unaccompanied children, arriving in Hong Kong SAR by air and children who
are refused entry, in juvenile detention facilities.
82.
The
Committee recommends that mainland China:
(a) Respect the principle of
non-refoulement and reminds it of
its obligation under the Convention to ensure that no accompanied,
unaccompanied or separated child, including those from the Democratic People’s
Republic of Korea is returned to a country where there are substantial grounds
for believing that s/he will suffer irreparable harm and that this principle
applies to all children and their families without distinction and regardless
of nationality;
(b) Ensure that Kachin child
refugees and their families are provided with a temporary protection regime in
view of the ongoing conflict in northern Myanmar; it should also allow the United
Nations High Commissioner for Refugees (UNHCR) free and unfettered access to
Yunnan province to conduct refugee status determinations;
(c) Cease the arrest and
repatriation of North Korean, especially children and women who have children
with Chinese men, and ensure that children of North Koreans mothers have access
to fundamental rights, including the right to identity and education; and
(d) Take immediate initiatives to
meet the special needs and vulnerabilities of unaccompanied and separated
children seeking asylum and provide appropriate care and cater for the special
needs of these unaccompanied and separated children.
83.
The
Committee recommends that Hong Kong SAR:
(a) Cease the administrative
practice of detaining asylum-seeking and refugee children;
(b) Ensure that asylum-seeking
and refugee children are provided with accessible and adequate support,
including special care, protection and adequate guardianship and legal
representation; and
(c) Accede to the 1951 Convention
Relating to the Status of Refugees and its 1967 Protocol.
Economic
exploitation, including child labour
84.
The Committee
is concerned about the absence of specific data on child labour in mainland
China while reports indicate that child labour and exploitation, including
through abductions and sale of children by criminal gangs is widespread. It is
further concerned about:
(a) The common practice of the Re-Education through Labour Programme (RTL)
and ‘Work Study Schools’ (gongdu xuexiao) and the use of forced
and exploitative child labour under these programmes; and
(b) The widespread involvement of
children in hazardous work and the worst forms of child labour, especially in
mining, manufacturing and brick industries; and inadequate protection of
children from 16 to 18 years against hazardous work.
85.
The
Committee urges mainland China as a matter of priority, to end the use of the RTL
and ‘Work Study Schools’ program and that it:
(a) Gather data on child labour,
incidences of hazardous child labour and working conditions, disaggregated by
age, sex, geographical location, socioeconomic background and make them
publicly available and use them to develop effective measures to prevent and
eliminate all forms of child labour;
(b) Identify hazardous work and
worst forms of labour carried out by children and strengthen protection and
prohibition of employment of children between 16 and 18 years of age in
hardazous work;
(c) Ensure that for children
above the age of 16 involved in labour, their involvement is based on genuine
free choice and subject to adequate safeguards based on the Convention and
international standards, including through the application of sanctions against
individuals involved in forced recruitment; and
(d) Consider ratifying ILO
Convention No. 189 (2011) concerning Decent Work for Domestic Workers.
Sale,
trafficking and abduction, including follow up to the Optional Protocol on the sale of children, child
prostitution and child pornography (OPSC)
86.
The Committee
regrets that the State party has not sufficiently implemented the Committee’s
previous recommendations under the OPSC (CRC/C/OPSC/CHN/CO/1, 2005). It is
further concerned at the increased prevalence of child trafficking and exploitation
in mainland China and Macau SAR especially for the purpose of labor and sexual
exploitation. It is also concerned that child sex tourism remains a serious
problem in Macau SAR and that alleged complicity of government officials in
trafficking and sexual exploitation related offenses has led to impunity for
such crimes.
87.
The
Committee recalls its previous recommendations and urges the State party to
take the necessary legislative measures to harmonize the Penal Code of 1997
with the provisions of the Optional Protocol, and in particular:
(a) Ensure that all the offenses
refered to in article 3, paragraph 1 of the Optional Protocol are fully covered
under the Penal Code, whether such offences are committed domestically or
transnationally or on an individual or organized basis, paying particular
attention to the sale and trafficking of children for the purpose of adoption;
and
(b) Establish extraterritorial
jurisdiction over the offences referred to in article 3, paragraph 1, in
conformity with article 4, paragraph 2 of the Optional Protocol; and abolish
the requirement of double criminality for the prosecution on the Mainland of
offences committed abroad;
(c) Consider the Optional
Protocol as a legal basis for extradition in respect of such offences. in
conformity with article 4, paragraph 2 of the Optional Protocol.
88.
The
Committee further recommends that the State party:
(a) Undertake research on the
root causes and extent of the commercial sexual exploitation of children, child
sex tourism and sale of children, child prostitution and child pornography, to
identify children at risk, assess the extent of the problem and develop
targeted policies and programmes in mainland China and Macau SAR;
(b) Immediately address the issue
of corruption and impunity in Macau SAR as a matter of priority, through
rigorous investigations of complaints of complicity by government officials and
their prosecution for such crimes; and
(c) Take all necessary measures,
legal and institutional, to strengthen identification, investigation and
prosecution of foreign paedophiles in all jurisdiction of the State party,
particularly in Macau SAR.
89.
The Committee regrets
that the application of the Optional Protocol has not been extended to Hong
Kong SAR.
90.
The
Committee urges Hong Kong SAR to finalize all the preparations and extend the
application of the Optional Protocol without any further delay.
Administration
of juvenile justice
91.
The Committee
welcomes the amendment to mainland China’s criminal procedure code and the
current discussions on reforming the Re-Education Through Labour Programme
(RTL). It remains however deeply concerned about the continued application of
administrative detention of children, including RTL and ‘Work Study Schools’
(gongdu xuexiao), and the failure of the State party to end these practices
despite repeated concerns expressed by the treaty bodies and UN special
procedures mandate holders. It is
especially concerned that:
(a) Children above 16 years can be
detained in RTL facilities without any access to legal safeguards or
representation and such detention can last up to 18 months, according to the
State party;
(b) Reports indicate that
children are abducted and held incommunicado for days or months either with
their parents or in the absence of their parents or guardians in secret
detention facilities, including “black jails”;
(c) No steps have been taken to
investigate allegations of the existence of “black jails” and torture and
ill-treatment, including food and sleep deprivation against children in such
places and RTL facilities;
(d) Children of migrant workers
are significantly overrepresented in mainland China’s criminal justice system;
and
(e) Children, especially in
vulnerable situations, such as children in poverty, face several obstacles to
accessing justice, including inadequate access to legal aid and lack of
independent legal aid.
92.
The
Committee recommends that in all areas of its jurisdiction, the State party
strengthen its efforts to build a system of restorative and rehabilitative
juvenile justice fully in line with the Convention, in particular articles 37,
39 and 40, the Committee’s general comment No. 10 on Children’s rights in
Juvenile Justice (CRC/C/GC/10) and other relevant standards. It urges mainland
China to ensure that no child is deprived of his or her liberty unlawfully or
arbitrarily and that the best interests of the child shall be the primary
consideration in any action. It further recommends that it:
(a) Abolish the institutionalized
system of RTL and ‘Work Study Schools’ which allows for the widespread
application of administrative detention of children; end the use of
incommunicado detention of children, including by immediately closing all
secret detention facilities, such as “black jails”;
(b) Ensure that children arrested
and deprived of their liberty are brought before an independent judicial
authority to examine the legality of their arrest and detention within 24 hours
of their arrest and are provided with adequate free and independent legal
assistance immediately and can contact their parents or close relatives;
(c) Independently investigate and
publicly report on the existence of secret detention facilities, such as “black
jails,” including the authority under which they have been established and
prosecute individuals responsible for operating secret detention facilities,
including “black jails” as well as those involved in torture and ill-treatment
of children in such facilities;
(d) Adopt urgent and specific
measures to address the disproportionate representation of children of migrant
workers in the criminal justice system; and
(e) Ensure that children can
exercise their right to legal aid directly, and address disparities in access
to justice by enhancing the quality and accessibility of legal aid to all
children, including those in situations of vulnerability, such as children of
migrant workers and ethnic minorities and children from religious communities.
93.
The
Committee recommends that Hong Kong SAR:
(a) Raise the minimum age of
criminal responsibility to an internationally acceptable level;
(b) Ensure that detention,
including pre-trial detention is used as a measure of last resort and for the
shortest possible period of time, even in case of very severe crimes and that
it is reviewed on a regular basis with a view to withdrawing it;
(c) Promote alternative measures
to detention, such as diversion, probation, counseling, community service or
suspended sentences, wherever possible and develop social reintegration programmes
for children in conflict with the law; and
(d) Ensure immediate removal of
children from adult detention facilities and place them in a safe,
child-sensitive environment where they are treated humanely and with respect
for their inherent dignity, and can maintain regular contact with their
families, and are provided with education and vocational training.
94.
The
Committee urges Macau SAR to prohibit and abolish the use of solitary
confinement against children and immediately remove all children held in
solitary confinement.
Protection
of witnesses and victims of crimes
95.
The Committee
regrets that the efforts to ensure measures to protect child victims and
witnesses are insufficient and not properly reflected in the State party’s
legislation.
96.
The Committee
recommends that the State party ensure, through adequate legal provisions and
regulations, that all child victims and/or witnesses of crimes, e.g. child
victims of abuse, domestic violence, sexual and economic exploitation,
abduction and trafficking, and witnesses of such crimes, are provided with the
protection required by the Convention, and that it take fully into account the
United Nations Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime, annexed to Economic and Social Council resolution 2005/20.
I. Ratification of
international human rights instruments
97.
The
Committee recommends that the State party, in order to further strengthen the
fulfilment of children’s rights, ratify the core human rights instruments to
which it is not yet a party, particularly the Optional Protocol to the
Convention on the Rights of the Child on a communications procedure, the
International Covenant on Civil and Political Rights, the International
Convention for the Protection of All Persons from Enforced Disappearances and
the International Convention for the Protection of the Rights of All Migrant
Workers and Members of their Families.
J. Cooperation with
regional and international bodies
98.
The
Committee recommends that the State party cooperate, among others, with the
ASEAN Commission on the Promotion and Protection of the Rights of Women and
Children.
K. Follow-up and
dissemination
99.
The
Committee recommends that the State party take all appropriate measures to
ensure that the present recommendations are fully implemented by, inter alia,
transmitting them to the Head of State, Parliament, relevant ministries, the
Supreme Court and local authorities for appropriate consideration and further
action.
100.
The
Committee further recommends that the consolidated third and fourth periodic
reports and the written replies by the State party and the related
recommendations (concluding observations) be made widely available in the
languages of the country, including (but not exclusively) through the Internet,
to the public at large, civil society organizations, media, youth groups,
professional groups and children, in order to generate debate and awareness of
the Convention and the Optional Protocols thereto and of their implementation
and monitoring.
L. Next report
101.
The
Committee invites the State party to submit its next fifth and sixth periodic
reports in one consolidated report by 31 March 2019 and to include in it
information on the implementation of the present concluding observations. The
Committee draws attention to its harmonized treaty-specific reporting
guidelines adopted on 1 October 2010 (CRC/C/58/Rev.2 and Corr. 1) and reminds
the State party that future reports should be in compliance with the guidelines
and not exceed 60 pages. The Committee urges the State party to submit its
report in accordance with the guidelines. In accordance with General Assembly
resolution 67/167 of 20 December 2012, in the event a report exceeding the page
limitations is submitted, the State party will be asked to review and resubmit
the report in accordance with the above-mentioned guidelines. The Committee
reminds the State party that if it is not in a position to review and resubmit
the report, translation of the report for purposes of examination of the treaty
body cannot be guaranteed.
102.
The
Committee also invites the State party to submit an updated core document in
accordance with the requirements of the common core document in the harmonized
guidelines on reporting, approved at the fifth Inter-Committee Meeting of the human
rights treaty bodies in June 2006 (HRI/MC/2006/3).
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