COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-ninth session

15 September – 3 October 2008

IMPLEMENTATION OF THE CONVENTION

ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration of the second periodic report of BHUTAN (CRC/C/BTN/2)

Under this section the State party is requested to submit in written form additional and updated information, if possible by 8 August 2008.

PART I

Please inform the Committee on developments towards the adoption of the draft Constitution and indicate the specific references to children’s rights therein.

Please indicate whether the Convention on the Rights of the Child has been invoked or referred to directly in domestic courts, and if so, please provide examples of such cases.

Please specify whether the State party intends to adopt a comprehensive Children’s Code, as previously recommended by the Committee, which would incorporate the provisions of the Convention. Please indicate the consideration the Government has given to this issue.

Please clarify which sections of the Penal Code have been amended to address children in conflict with the law, and which articles of the Civil and the Criminal Procedure Codes have been amended to include provisions for children (citing main relevant sections and articles).

Please clarify how existing laws cover domestic violence and child abuse, and whether the Government has the intention of enacting laws to protect children from domestic violence and child abuse and what steps have been undertaken to do so.

GE.08-42703Please also inform the Committee of prevention measures taken and any relevant actions and policies in this regard.

Have there been steps taken to adopt a comprehensive national plan of action for children which covers all areas of the Convention.

Please clarify whether the National Commission for Women and Children may receive individual complaints from, or on behalf of children, on human rights violations, if it carries out investigations. Please indicate the number of cases brought before it and the outcome regarding the complaints filed.

Please indicate to which extent non-governmental organizations (NGOs) have been involved in carrying out, monitoring and evaluating child related programmes. Indicate to what extent NGOs are involved in the drafting of legislation, regulations and policies. Please inform the Committee which restrictions apply to NGOs.

Please indicate what kind of human rights training have been organized and which professional groups have been targeted, and if these trainings are systematic and ongoing. Indicate if education on the Convention on the Rights of the Child has been integrated in the school system.

Please indicate to the Committee the progress made with regards to the formulation and implementation of the comprehensive policy to address HIV/AIDS, referred to in paragraph 256 of the State party's report.

Please inform the Committee whether surveys have been undertaken on the extent and root causes of child labour and whether the State party cooperates with the International Labour Organization (ILO) in the area of prevention.

Please indicate efforts undertaken to address the situation of Bhutanese refugee children, including family reunification.

Please inform the Committee whether the draft national plan of action to address commercial sexual exploitation, referred to in paragraph 435 of the State party's report, has been adopted and to what degree it has been implemented.

With reference to its previous concluding observations (CRC/C/Add.157, para. 63 (b)), please inform the Committee whether a Juvenile Justice Act has been adopted.

PART II.

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

New bills or enacted legislation;

New institutions;

Newly implemented policies;

Newly implemented programmes and projects and their scope.

PART III

Data and statistics, if available

1.Please provide disaggregated statistical data (by sex, age groups, ethnic minority groups, urban and rural areas) covering the years 2005, 2006 and 2007 on the number and percentage of children under 18 living in Bhutan.

2.In the light of article 4 of the Convention, please provide data on budget allocations and trends (in absolute figures and percentages of the national and regional budgets) for the years 2006, 2007 and 2008 regarding the implementation of the Convention in the areas of education and health.

3.Please provide disaggregated statistical data (by sex, age groups, ethnic minority groups, urban and rural areas) covering the years 2005, 2006 and 2007:

(a)Rates of infant and child mortality;

(b)Rates of immunization;

(c)Rates of malnutrition;

(d)Children infected with and/or affected by HIV/AIDS.

4.With reference to child abuse and neglect, please provide data and the types of child abuse reported covering the years 2005, 2006 and 2007.

5.With reference to the right to education, please provide disaggregated statistical data (by sex, age groups, ethnic minority groups, urban and rural areas) covering the years 2005, 2006 and 2007 in percentage of the relevant age group on the:

(a)Rate of literacy, below and over 18 years;

(b)Rate of enrolment in pre-primary schools, primary schools and secondary schools and in vocational training;

(c)Percentage of children completing primary and secondary education;

(d)Ratio teacher per children and number of children per class.

PART IV

The following is a preliminary list of major issues (that does not contain issues already covered in Part I) that the Committee may take up during the dialogue with the State Party. They do not require written answers . This list is not exhaustive as other issues might be raised in the course of the dialogue

1.Ratification of other international human rights instruments, including the Optional Protocol on the sale of children, child prostitution and child pornography and the Optional Protocol on the involvement of children in armed conflict;

2.Harmonization of legislation with the Convention;

3.Coordination of the implementation of the Convention;

4.Monitoring of the implementation of the Convention;

5.The role of NGOs and civil society in the implementation of the Convention;

6.Birth registration and measures to improve coverage;

7.The general principle of non-discrimination, in particular with respect to ethnic minority groups and in relation to nationality, access to health and education;

8.In the light of article 2 of the Convention, progress in reducing disparities between rural and urban areas, especially with regard to access to health, education and social services;

9.Health care, including morality rates, adolescent health, HIV/AIDS;

10.Education, including equal access and distribution of resources;

11.Child refugees, children of refugees and family reunification;

12.Child labour and prevention thereof;

13.Sexual exploitation and trafficking of children, attention for victims;

14.Children in conflict with the law and juvenile justice, the age of criminal responsibility;

15. Minorities and their right to culture, language and religion.

-----