Committee on the Rights of the Child

Fifty- six th session

17 January-4 February 2011

Implementation of the Convention on the Rights of the Child

List of issues concerning additional and updated information related to the combined third and fourth periodic reports of Belarus (CRC/C/BLR/3-4)

The State party is requested to submit additional, updated information in writing , and not exceeding 30 pages , if possible before 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 provide explanations on the current situation in Belarus regarding legislation related to the Convention, in particular, the relationship between the Rights of the Child Act and the Marriage and Family Code, the relevant presidential decrees, and whether the State party has reviewed its legislation with a view to ensuring that it is fully compatible with the Convention and reflects the general principles of the Convention (articles 2, 3, 6 and 12).

2.Please provide information on the mandates of the National Commission on the Rights of the Child, the Commission for Juvenile Affairs and the Commission for Minors’ Affairs.

3.Please indicate the relationship between the National Action Plan for the improvement of the situation of children and the protection of their rights, 2004-2010, and the presidential programme, Children of Belarus, 2006-2010, and whether these two instruments have been prolonged.

4.Please provide information on progress towards establishing an independent monitoring mechanism in compliance with the Paris Principles, with the power to receive and review complaints from or on behalf of children as regards violation of their rights.

5.Please explain whether the right of children to form their own associations is guaranteed in law.

6.Please provide information on the activities of civilian squads which allegedly patrol educational establishments, including general education and vocational training schools, as well as on the Young Friends of the Militia clubs.

7.Please indicate the concrete measures undertaken by the State party to support families in order to prevent family separation.

8.Please provide information on any existing national strategy, programme or plan in the area of child mental health with emphasis on prevention, in particular, with regard to suicide among children.

9.Please indicate whether the State party has established a procedure for the referral of child victims of violence, abuse and trafficking in human beings and related crimes to services providing assistance for their recovery and rehabilitation.

10.Please provide information on the progress achieved towards setting up a specialised juvenile justice system. Indicate if children have the right to be heard in judicial proceedings, if there are alternatives to deprivation of liberty, if personnel are trained, if there are specialized juvenile courts, and measures taken for reinsertion of the child. Please provide information on the regime and conditions of “correctional” work to which children can be sentenced as an alternative to imprisonment,and clarify whether children are expected to engage in public works and, if so, provide information on the duration, periodicity and conditions of such work .

11.Please explain how the State party ensures that children deprived of liberty are separated from adults and treated with humanity and respect in a manner which takes into account their specific needs, in all stages of investigation, arrest and detention.

12.Please provide information on the enjoyment of rights under the Convention by children belonging to ethnic and religious minorities, including Roma children, in particular as regards access to social services, health services and education, as well as on the possibility of receiving education in their mother tongue or in accordance with their religious beliefs.

Part II

In this section the Committee invites the State party to brief ly (three pages maximum ) update the information pr ovided in its report regarding:

New bills or laws, and their respective regulations;

New institutions (and their mandates) or institutional reforms;

Recently introduced policies, programmes and action plans and their scope and financing;

Recent ratifications of human rights instruments.

Part III

Data, statistic s and other information, if available

Please provide data for 2007, 2008 and 2009 on the number of cases in which the courts have directly invoked the provisions of the Convention.

2.Please provide data for 2007, 2008 and 2009 on the number of complaints from or on behalf of children regarding violations of their rights, and their outcome, received by:

(a)National Commission on the Rights of the Child;

(b)Commission for Minors’ Affairs;

(c)Guardianship and trusteeship bodies;

(d)Prosecutor’s Office and the courts.

3.Please provide data for 2007, 2008 and 2009, disaggregated by age, sex, ethnicity and region on:

(a)Number of stateless children or children at risk of statelessness;

(b)Number of children deprived of parental care, as a percentage of all children, disaggregated by type of care received (institutional, family-type, etc.);

(c)Number of children with disabilities, as a percentage of all children, disaggregated by type of disability, environment in which they are raised (biological family, institution, alternative care, etc.), and type of education for those of school age;

(d)Number of persons under the age of 18 years in police custody and pre-trial detention; and

(e)Number of persons under the age of 18 years and under the age of 16 years, respectively, who have been subject to punitive or other measures, disaggregated by age and type of measure.

4.Please provide data for 2007, 2008 and 2009, disaggregated by region, on:

(a)Number of registered cases of physical and psychological violence, including sexual violence against children, disaggregated by type of violence;

(b)Number of cases of temporary separation (from one or both parents), removal and restoration of parental rights;

(c)Infant and under-5 mortality rates, as well as number and percentage of children affected by tuberculosis, HIV/AIDS, iodine deficiency, nutrition problems, pregnancies, abortions, sexually-transmitted infections, drug and alcohol abuse; and

(d)School enrolment and school attendance rates.

In addition, the State party may list areas affecting children that it considers to be important with regard to the implementation of the Convention.