United Nations

CRC/C/CUB/Q/2

Convention on the Rights of the Child

Distr.: General

25 October 2010

English

Original: Spanish

Committee on the Rights of the Child

Fifty-seventh session

30 May–17 June 2010

Implementation of the Convention on the Rights of the Child

List of issues concerning additional and updated information related to the second periodic report of Cuba (CRC/C/CUB/2)

The State party is requested to submit written additional updated information of no more than 30 pages, if possible by 19 November 2010 .

The Committee may take up all aspects of children ’ s rights contained in the Convention during the dialogue with the State party.

Part I

1.Please indicate the mandate of the children’s and adolescents’ rights information centres (CRDNA) and whether they are responsible for coordinating the State party’s policies on children’s rights. Please state the human, professional and financial sources available to the centres.

2.Please indicate whether the State party intends to adopt a national plan, policy or programme covering all areas of the Convention and its two Optional Protocols, and any measures envisaged for monitoring and evaluating implementation of that plan, policy or programme.

3.Please indicate whether there is an independent body for monitoring the rights of the child in the State party and whether that body can receive children’s complaints of violation of their rights.

4.Please provide information on the progress made on establishing a system of data collection, research and studies concerning implementation of the Convention in the State party, as recommended by the Committee in its concluding observations of 1997 (CRC/C/15/Add.72, para. 30). Please also indicate any steps taken to disseminate such information.

5.Please provide details of efforts made to train professionals working with children or in the area of human rights, such as teachers, health workers, social workers, judges, lawyers, the police and journalists, in the Convention and its two Optional Protocols.

6.Please indicate whether and how the principle of the best interests of the child has been specifically incorporated into legislation relating to children, and how it is applied in practice.

7.Please provide details of any legislation requiring the views of children to be heard and given due weight in judicial and administrative proceedings.

8.Please indicate how the physical and psychological violence to which children are subjected at the family and community levels, including ill-treatment, corporal punishment and abuse (including sexual abuse), is addressed.

9.Please explain whether there are systems and procedures in place to ensure the periodic review of placements of children in alternative care, including institutional and foster care.

10.Please provide additional information on the programme for the care of children with disabilities (State party report, para. 309) and on efforts to guarantee the rights of children with disabilities, including their access to education, accessibility of buildings and transport, and protection against discrimination. Is there any law that prohibits discrimination against persons with disabilities?

11.Please indicate whether persons under 18 involved in prostitution can be penalized.

12.Please provide information on any steps the State party has taken under the Convention to protect children over the age of 16 in conflict with the law. For instance, is there a specialized justice system for children under 18? Please also provide detailed information on the treatment and living conditions of child detainees.

13.Please supply information on the “comprehensive development schools” (escuelas de formación) for children under 16 in conflict with the law. For example, what is the minimum age for their placement in those institutions.

Part II

Under this section, the State party is invited to update briefly (3 pages maximum) the information provided in its report with regard to:

(a)New bills or enacted legislation and their regulations;

(b)New institutions and their mandates and funding;

(c)Newly adopted and implemented policies and programmes and their scope within the territory;

(d)New ratifications of human rights instruments.

Part III

Statistical and other information, if available

1.Please provide data for 2008, 2009 and 2010, disaggregated by national, provincial and municipal data, on the budgetary allocations (in absolute terms and as a percentage of the national budget and gross domestic product) with regard to implementation of the Convention.

2.Please provide data for 2007, 2008 and 2009, disaggregated by age, sex, ethnic origin and region, on the number of child abuse victims. Please also supply data on court decisions, the number of victims that have received assistance and the number of perpetrators convicted.

3.Please provide accurate, detailed data (disaggregated by sex, age, ethnic origin and region) for 2007, 2008 and 2009 concerning:

(a)The number of complaints received regarding deaths, torture and cruel, inhuman or degrading treatment or punishment inflicted on children;

(b)The number of complaints that have led to prosecutions, and the penalties incurred by the perpetrators.

4.Please provide data for 2007, 2008 and 2009, disaggregated by age, sex, ethnic origin and region, on children living in different types of alternative care, specifying the type of care.

5.Please provide data for 2007, 2008 and 2009 disaggregated by age, sex, ethnic origin and region, on domestic and intercountry adoptions.

6.Please provide information for 2007, 2008 and 2009, disaggregated by age, sex, ethnic origin and region, on children who have been deprived of their liberty, specifying:

(a)The total number of persons under 18 who have been deprived of their liberty, the offencefor which they were convicted and the sentence handed down;

(b)The number of persons under 18 living in institutions not exclusive to children;

(c)The number of persons under 16 placed in re-education centres/comprehensive development schools and the reason for the placement.

7.The State party may also draw up a list of child-related issues that it considers important for the dialogue with the Committee with a view to implementation of the Convention.