Eastern and Southern Africa
CRC Session 14, 6-24 January 1997
NGO Group for the Convention on the Rights of the Child – English
www.crin.org/docs/resources/treaties/crc.14/Ethiopia_NGO_Report.pdf
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The number of Ethiopian Children (below age 18) is approximately 30 million. Most live in distress. Among the under-S children, about 72% are either severely wasted or stunted. Less than 2% of the 4.1 million children of kindergarten age get institution-based pre-school education. Providing basic services for the country s children in the future looks even more challenging.
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In spite of various legal provisions dating back at least to the 1960 s to safeguard the welfare of children, the condition of children has remained deplorable due to the prevailing traditional mal-practices, economic depravity, social conflicts, natural disasters and insufficient provision of basic services.
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The Initial Government Report contains a number of instances in which appropriate provisions for child welfare and development have been difficult to implement. Examples of such provisions are inducement of children into prostitution (Penal Code Art 587-607) and the minimum age forcontracting marriage (Civil Code art. 581-1).
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The complete text of the Convention has not been published in the Negarit Gazeta and the courts are not hard pressed to take judicial notice of the provisions of the Convention. Actually, a survey conducted by an NGO has disclosed that many judges are not familiar with the Convention.
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The existing institutional capacity in the country is no match for the practical demands of the implementation of the Convention. The constraints are partly organizational. The often blurred distinction in the responsibility of individual government organizations for child welfare, the limited span of the organizational mechanism to carry out the task, the shortage of trained staff for the job, the absence of legally established separate courts. in each region for handling child cases, and the extreme shortage of rehabilitation and counseling centers for children in conflict with the law are serious social handicap. that require policy actions. The draft social welfare policy opens up the possibility for handling such constraints but again the practicalities of transforming policy to practice need to be addressed.
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Access to Emplovment
26. The Ethiopian Labor Proclamation No.42/1993 bars children from employment if they are below the age of 14 years [Art. 89]. The Proclamation recognizes children between the age of 14 and 18 as young workers, and allows their employment as long as the children are not exposed to working conditions that endanger their well-being and development.
27. The above mentioned provisions are in conformity with the relevant provisions of the Convention. However, the follow-up and supervision by the concerned government organizations to ensure that children are not engaged in dangerous activities in violation of the law still needs to be strengthened.
28. In some cases full-fledged child employment is carried on in the taxi business, tea rooms, restaurants and other contexts. Because of their extreme poverty, children who get employment "opportunities" invariably invite the envy of their peers who are in similar depressing situation b ut who have not got such employment. The supervision of the implementation of the articles governing child labor by the concerned government organization needs to be strengthened.
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The Ethiopian Civil Code prescribes the minimum age for marriage for males and females to be 18 and 15 years respectively [Art 581-1]. The provision reflects gender-bias in social and civic rights associated with married status, and this conflicts with Art. 2 of the Convention which requires its implementation without any discrimination. Even if the discrepancy in the legal provisions for males and females is eliminated, custom poses a challenge in ensuring the implementation of the provisions. Indeed in many rural communities girls are often betrothed before age 10 and get married in their early teens.
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31. According to the Convention, a child who is sentenced to imprisonment should be kept in a prison that is separate from that of adults. The relevant Ethiopian law (Penal Code Art. 53(1)) states the same with regard to children age 9-15. In practice children sentenced to imprisonment serve their sentence in prison cells along with adult inmates. Such children have little or no opportunity to benefit from corrective or rehabilitative measures such as vocational training or counseling.
32. The Remand Home in Addis Ababa, the only one of its kind in the country designed for the rehabilitation of juvenile offenders, has a capacity of merely 150 boys. The problem of handling male offenders in this one -site has also been a difficult task. No service for female offenders exists.
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F. Sexual Consent
35. According to the Provisions of Art. 594 of the Ethiopian Penal Code, seeking sexual consent from children under the age of 18 is punishable with imprisonment. The general public and the concerned children are probably inadequately oriented about the provision, or they choose to handle the matter in customary ways.
36. Even more significantly, abduction, often accompanied by rape, is practiced in many rural areas where law enforcement is counteracted by tradition. In urban areas, street life exposes many female children to sexual abuse. Some of these children sacrifice their dignity and well-being for a small financial payment because of their poverty. Some are helpless against assaults by male street children.
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Activities Concerning Child Abuse and Neglect
52. In relation to child abuse and neglect, a sensitization program in the form of workshops, has been conducted for professionals, including teachers, physicians. nurses, social workers, policemen, and journalists. A start has also been made in offering counseling services to abused children. The area of child abuse and neglect is one of the social concerns that has received relatively little attention by both government organizations and NGOs.
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Regarding institutionalized services in the form of children s homes and similar institutions, however, they have not been able to serve the large number of eligible children. Actually some of the children who have been getting institutionalized services are not able to leave their institutions and lead an independent life partly due to their inadequate training in marketable skills, and partly also due to a strong sense of dependency on benefactors which the children developed during their stay in the institution. It therefore appears that other mechanisms must be identified and provided as alternatives to institutional services, and institutional services should make greater emphasis on both skill and independence training.
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In the urban centers only, it is estimated that there are over one million children whose families live below poverty line.
58. Child abuse and neglect appears to be widespread. Data obtained from the National Police Headquarters show that the number of victims in a 10-month period in 1993 was over 2000. There seems to be many clear-cut violations of children s right that are not yet reported. The most frequently reported abuses were beating and bodily injury (31.9%), which in some cases result in physical disabilities. Child murder was reported in 5.9% of the cases. While controversies may exist about what exactly constitutes child abuse and neglect in some cases (as in the case of children that work for their family), the results of a survey conducted in six towns make it clear that some definite and serious forms of child maltreatment do exist and the damage is so extensive that the developmental consequences are believed to be enormous. There is some hope that in the future children will be protected from different types of abuse to a greater degree since the new Constitution of FDRR prohibits such maltreatment in children’s homes and schools.
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79. Ethiopia subscribes to the resolutions of the World Summit for Children (1990) which includes the reduction of adult illiteracy at least by half, and the provision of primary education to at least 80 per cent of the primary school age children by the year 2000. The Education and Training Policy (1994) refers to these goals in general terms in connection with the expansion of basic non-formal education. However, generally primary school participation rate have declined in the past few years. For example, in 1993/94 it was 18.2 per cent. In 1991 it was 27 per cent. The conditions that hinder increase in primary school participation rate should be thoroughly investigated to determine effective future strategies.
80. In the 1980 s, in localities where children were unable to attend regular schools, literacy programs or campaigns used to offer some opportunity for their education. In fact it appears that the main participants in the Ethiopian National Literacy Campaign of the 1980s were children of age 8-18.
81. As the government report indicates only a small percentage of disabled school -age children (i.e., 0.1%) attend regular and special schools. Most of the 16 special schools catering to these children are run by NGOs. NGOs also run non-formal educational programs for the disabled. Such programs need, however, government recognition and support. The government and the community need to be more active in the area of disabilities. The new Education and Training Policy (1994) does recognize the government role in special education, but the commitment is not taken up in the Education Sector Strategy (1994). In this regard a serious issue would be, for example, how to organize services with limited budget, and this issue
involves a consideration of such approaches as integrated classes or special classes.
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Very little is known about the number of juvenile delinquents although there are indications that the number may be large. For instance, in a 10-month period in 1993/94, 13% of the crimes and offenses identified in the6 country as a whole, we re committed by children of age 9 - 18. In connection with the issue, the draft Social Welfare Policy provides broad statements in terms of creating conducive situations for the prevention and elimination of the problem of children in especially difficult circumstances as a whole.
Strategies for achieving the goal, even at the general level, do not appear in the draft policy.
Eminent among the priorities for immediate action in relation to juvenile delinquency would appear to be the provision of food and shelter to desperately needy children.
93. As mentioned earlier, the legal provisions regarding children in conflict with the law are adequate. The major problem is in implementing the existing provisions. The main reasons for the limitation in the implementation of the provisions relating to the protection of the rights and interests of the child appear to be limitation in the awareness of the existing laws on the part of the public and lower court judges, resource limitations allocated to judicial institutions, and lack of periodic evaluation of the implementation.
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Estimates based on 1985 data suggest that the number of children in prostitution grew from about 8,000 in 1985 to approximately 14,000 in 1992, and to roughly 17,000 in 1995.
FIJI
East Asia & Pacific
No report available on the CRIN.
FINLAND
Europe and Central Asia
CRC Session 40, 12 - 30 September 2005
Lastensuojelun Keskusliitto – English
www.crin.org/docs/resources/treaties/crc.40/Finland_ngo_report.doc
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The periodic report: ”Statistical data on domestic violence are still based on estimates because the victims often keep silent about what has happened.”
The Central Union for Child Welfare has carried out a study (on family violence concerning children) ”Lasten väkivalta ja seksuaalikokemukset” (Children’s experiences of violence and sexuality) in the 1990’s, in which data was colleted from app. 7500 pupils in the final grade of comprehensive school. The study found that minor incidents of physical violence had been experienced by 72 percent of the respondents, and serious violence (at least punches or violence in excess of punches) by 8 percent of the respondents.
Since this study, no further comprehensive surveys have been done on the physical assaults on and sexual exploitation of children. Follow-up research for crimes against children should be included in the production of systematic statistics in order that the changes in the sexual abuse and exploitation of and in violence against children could be monitored at the demographical level.
In summer 2004 the Central Union for Child Welfare studied the attitude of Finns towards corporal punishment of children. In the study, 2 030 Finns aged between 15 and 79 were interviewed. Although corporal punishment of children has been prohibited in Finland since 1984, one third of Finns takes a permissive view on it. Furthermore, almost one fifth of Finns aged between 15 and 45 who do not have children at present intend, either certainly or probably, to use corporal punishment as a means/method of upbringing if they have children.
Over 90 percent of Finns are aware of the fact that corporal punishment constitutes an assault. According to the study by the Central Union, women’s attitudes towards corporal punishment are more negative than men’s. Whereas slightly over one fifth of women condone corporal punishment, at least under extenuating circumstances, almost half of the men condone it. Studies of victims targeted at schoolchildren reveal that corporal punishment is actually being used in Finland. Similar views are also evident in various internet chatroom discussions on upbringing.
Violent acts are not perpetrated exclusively by men
The Periodic Report focuses mainly on violence against women, which is without doubt a significant problem in Finland. However, it is also the reason why the Periodic Report fails to give sufficient consideration to violence against children. The Report may also be misconstrued to mean that violent acts against children in the family would be perpetrated principally or exclusively by men. From the point of view of the child welfare, giving equal consideration to violence perpetrated by both women and men against children is paramount in the efforts to prevent violence. Furthermore, child welfare authorities should in future pay closer attention to the fact that the majority of aggravated assaults causing the death of the child are committed by women.80 Bullying at schools has increasingly gained attention. It can be addressed, inter alia, by reducing the group sizes in classes. The presence of adults in small groups reduces bullying and actual incidents of violence. At present, a child’s need for special support is recognised but it does not provoke sufficient response. The presence of an adult is especially important when the children in question need special support.
Circumcision of children
Since the late 1980’s and early 1990’s the growing number of immigrant people representing different cultures has enriched the Finnish society and population. However for some immigrants with strong traditions adoption of the Finnish culture and lifestyle hasn’t always been easy.
One of the most discussed controversies is the tradition of circumcision of girls and boys. The circumcision of girls is officially prohibited almost all over the world. Finland is no exception, that hasn’t been mentioned in the Third Periodic Report.
The Periodic Report does also not mention the protection of boys concerning circumcision. A working group set by the Ministry of Social Affairs and Health has prepared a draft a Bill which would allow the circumcision of boys for non-medical reasons. The Bill violates the protection by law of physical integrity of a person and the equal treatment of the sexes, guaranteed by the Constitution of Finland. It is also against articles 19 and 24 of the Convention on the Rights of the Child. The Bill should not be passed to Parliament and boys should be guaranteed the same protection of law concerning physical integrity as is provided for girls. In the application of the laws, the circumcision of girls is interpreted as causing grievous bodily harm. The same legal practice should also apply to boys.
The Constitution guarantees physical integrity. The motivations of the Constitution state explicitly that freedom of religion does not entitle [anyone] to violate the integrity of another person. It also states that a child shall be treated as an individual person who has full fundamental rights from birth. Intentional causing of pain and injury is defined as assault in the criminal law and is punishable. The UN Convention on the Rights of the Child that Finland has ratified demands that the States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.
On the other hand, it has been debated whether prohibiting the circumcision of children might not end the practice, but could in the worst case scenario cause the operation to be carried out in improper or unsafe conditions.
In addition to the Central Union for Child Welfare, inter alia the Finnish Medical Association condemns the circumcision of boys if it not done for medical reasons only.
VI. Basic health care and social welfare, A. Children with disabilities (article 23), Committee Recommendation No 42
In the act on the provision of services for persons with disabilities, the services vital to the life of a person with severe disabilities are protected in terms of so-called subjective rights. However, the opportunity of a child to acquire a personal assistant is dependent upon municipal appropriation. Yet, in many cases an assistant is necessary for the functioning of the daily life of the child. The harmonisation of the Services and Assistance for the Disabled Act and the Act on Special Care of Mentally Handicapped Persons emphasises the development of a personal assistant system. To facilitate his or her equal participation, a child with a disability requires an assistant who could also accompany the child in his or her recreational activities. A child with a disability has the right to spontaneous and autonomous leisure and to social networking. The development of a personal assistant system would facilitate and support the child’s progress towards independence and improve the ability of the family to cope.
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