Committee on the Rights of the Child
Ninety-first session
29 August–23 September 2022
Consideration of reports of States parties
Replies of the Plurinational State of Bolivia to the list of issues in relation to its combined fifth and sixth periodic reports * , **
[Date received: 3 August 2022]
1.In compliance with its international human rights obligations, the Plurinational State of Bolivia hereby submits its replies to the list of issues in relation to its combined fifth and sixth periodic reports (CRC/C/BOL/Q/5-6) on its compliance with the Convention on the Rights of the Child, as detailed below.
General information about the State
Part I
Reply to the question raised in paragraph 2 (a)
2.The main outcomes of the Multisectoral Comprehensive Development Plan – Plurinational Plan for Children and Adolescents, coordinated by the Ministry of Justice and Institutional Transparency, were:
In 2016, the creation of the Child and Adolescent Information System to centralize specialized information held by the Ministry of Justice and Institutional Transparency (Ministerial Decision No. 071/2016 of 3 May 2016)
In 2017, the adoption of the protocol and road map for preventing, addressing and punishing violations of the sexual integrity of children and adolescents, and the national adoption protocol, which coordinates the work of institutions
In 2018, the formation of the Sectoral and Cross-Sector Coordinating Subcouncil for Comprehensive Early Childhood Development
In 2019, the promulgation of Act No. 1168 on Summary Proceedings to Guarantee the Restitution of the Right to a Family of Children and Adolescents in Institutional Care (see annex 1)
3.The Ministry of Justice and Institutional Transparency has been implementing the Multisectoral Development Plan for the Vivir Bien of Children and Adolescents 2021–2025 (Vivir Bien corresponding to a way of living peaceably in harmony with nature) (see annex 2).
Reply to the question raised in paragraph 2 (b)
4.Pursuant to Ministerial Decision No. 061/2021 of 14 June 2021, the Ministry of Justice and Institutional Transparency adopted guidelines for the reopening of early childhood care centres during the coronavirus disease (COVID-19) health emergency (see annex 3).
5.To uphold, protect and restore the rights of children and adolescents, the Ministry also adopted, by Ministerial Decision No. 47/2020 of 29 June 2020, guidance for Offices for the Defence of Children and Adolescents during the COVID-19 health emergency (see annex 4).
6.Regarding the protection of the rights of juvenile offenders in specialized centres, the Ministry prepared a status report on the situation of specialized centres for juvenile offenders during the COVID-19 health emergency (see annex 5).
7.In relation to the protection of children and adolescents in reception centres, the Ministry of Health and Sport drew up a comprehensive health-care protocol for reception centres, temporary hostels, social reintegration centres and shelters and refuges for children, adolescents and women, as well as a technical manual for the use of telemedicine and tele-education to deliver comprehensive health care in these institutions (see annex 6).
8.To guarantee and protect children’s and adolescents’ right to education, the Ministry of Education declared 2021 the “year of recovery of the right to education” and adopted the following measures: (1) printing and free distribution of learning texts for students at the initial, primary and secondary levels; (2) introduction of the TeleEducación and RadioEducación educational tools, which broadcast programmes for all grades in the mainstream education subsystem; (3) design of an education platform consisting of a dynamic web-based online learning system tailored to the needs of teachers, students and administrators (see annex 7).
9.In the context of children and adolescents’ safe return to school, the Ministry of Education is preparing a biosafety protocol for the plurinational educational system during the COVID-19 health emergency, in accordance with World Health Organization guidance and Supreme Decree No. 4404 of 29 October 2020. Ministerial Decision No. 001/2021 of 1 January 2021 provides for the training of educational personnel in biosafety protocols (see annex 7).
10.In July 2021, the Ministry of Rural Development and Land carried out a COVID-19 impact assessment and a nationwide food security monitoring exercise (see annex 8).
11.Measures were taken to revive and rebuild the economy after the economic crisis caused by COVID-19 that have directly benefited Bolivian families while protecting and guaranteeing the rights of children and adolescents (see annex 9).
12.The autonomous territorial entities have organized training on primary prevention, biosafety and care and have implemented biosafety measures including: fumigation; disinfection; handwashing; isolation rooms; COVID-19 testing; vaccine management and control; the provision of biosafety supplies including masks, backpack disinfectant sprayers and antibacterial gel; and the supply of medicines for children, families, the general public and staff (see annex 9).
13.The departmental autonomous government of Cochabamba introduced: (a) a preventive health guide in the context of the COVID-19 health emergency for its disability and older persons unit; (b) a prevention and biosafety protocol for the safe return to comprehensive childcare centres; (c) a guide for the care of juvenile offenders at the “Diagrama” Guidance Centre during the COVID-19 health emergency; and (d) the biosafety and primary care protocol of its juvenile justice, rehabilitation and educational support unit (see annex 10).
Reply to the question raised in paragraph 3 (a)
14.The remit of the Directorate General for Children and Older Persons is to develop, implement, monitor and evaluate comprehensive systems for the prevention of abuse, the care and protection of children, adolescents and older persons and the restitution of their rights. Its budget for 2022 was 90,000 bolivianos (Bs) (see annex 11).
Reply to the question raised in paragraph 3 (b)
15.Supreme Decree No. 4508 of 19 May 2021, modifying article 3 (III) of Supreme Decree No. 2377 of 27 May 2015, the implementing regulations of Act No. 548, establishes that the Office of the Deputy Minister for Equal Opportunities of the Ministry of Justice and Institutional Transparency is constituted as the expert body of the juvenile justice system (see annex 12).
Reply to the question raised in paragraph 3 (c)
16.The Ministry of Justice and Institutional Transparency prepared a status report on the situation of the Offices for the Defence of Children and Adolescents, on the basis of which a committee of experts was formed to evaluate the results and design sectoral and intersectoral actions to strengthen the municipal system for the protection of children and adolescents (see annex 13).
17.The Association of Women Councillors of Bolivia has been developing management models to ensure the effective functioning of the municipal system for the protection of women, adolescents and children from violence in communities categorized by population size (see annex 14).
18.The Ministry of Justice and Institutional Transparency published the final report on the assessment of the immediate needs of the protection services of Offices for the Defence of Children and Adolescents and of comprehensive municipal legal services due to COVID-19 (see annex 15). The Federation of Municipal Associations developed a toolkit to improve subnational governance for children and adolescents, including planning processes (see annex 15).
Reply to the question raised in paragraph 4
19.Of the 2,813 complaints received between 1 January 2016 and 31 March 2018, 2,666 were investigated by the Office of the Ombudsperson. The remaining 147 (16 per cent) were dealt with through guidance. Of the 2,666 complaints investigated, the Office of the Ombudsperson was able to put an end to the violation in 1,628 cases (62 per cent). In 298 cases, it was unable to prove the violation of rights. In addition, 268 complaints were resolved by other means; 196 were withdrawn or closed; and 102 were pending a decision by the competent authority. Constitutional actions were filed in 15 cases, and one was closed owing to the death of the petitioner (see annex 16).
20.In accordance with articles 20 and 21 of the Ombudsperson Act (No. 870 of 13 December 2016), the Office of the Ombudsperson, by Administrative Decision No. 48/2017, established a special office for children’s rights for a period of 8 months and 25 days. The special office was initially located in the Department of Cochabamba but was subsequently transferred to the Department of La Paz (see annex 16).
21.The special office for children’s rights had an institutional budget of Bs 148,681.65. Its activities included reporting complaints, ruling on child labour cases, conducting campaigns to promote the proper treatment of children and care for the environment, and social assistance (see annex 16).
Reply to the question raised in paragraph 5
22.Since 2018, the Child and Adolescent Information System has incorporated a module relating to Offices for the Defence of Children and Adolescents, including information on cases handled, preventive activities and cases of children who work. However, the functioning of the module has been hampered by the Offices’ lack of Internet access and by staff turnover. Besides this module (which is still being implemented), the Child and Adolescent Information System will consist of modules relating to the juvenile justice system (design completed); the right to a family; comprehensive early childhood development (under development); and a life free from violence (at the conceptual design stage). It is envisaged that other modules will emerge in view of the need for the protection system to guarantee the full exercise of all rights of children and adolescents (see annex 17).
23.In 2021, the Ministry of Justice and Institutional Transparency sought the advice of a consultant on the design and drafting of a strategic plan for the implementation of the Child and Adolescent Information System. As a result, it recognized the importance of prioritizing the creation of the following new submodules:
For the module relating to Offices for the Defence of Children and Adolescents, submodules on: national travel permits; international travel permits; the registration of working children and adolescents; and children and adolescents in temporary reception centres
For the module relating to the right to a family, submodules on: a central register of applicants for the adoption of children and adolescents; domestic adoptions; inter-country adoptions; children in street situations; and children in counselling and treatment centres for alcohol and drug dependence
24.The Ministry also recognized the need to develop information modules on comprehensive early childhood development, violence, education and health (see annex 17).
Reply to the question raised in paragraph 6
25.The Family and Family Procedure Code (Act No. 603 of 19 November 2014) provides that marriage or cohabitation may be entered into freely upon reaching the age of majority and, exceptionally, for adolescent boys and girls, upon reaching the age of 16 years, provided that authorization is obtained from the persons exercising parental authority or the legal guardians or, in their absence, the Office for the Defence of Children and Adolescents. Should the latter refuse to grant authorization, a request may be submitted to the judicial authorities (see annex 18).
26.With the implementation of the Plurinational Plan for the Prevention of Pregnancies in Adolescents and Young Persons 2015–2020, the number of unwanted and unplanned pregnancies decreased from 82,416 in 2015 to 20,186 in 2020 (see annex 37).
Reply to the question raised in paragraph 7 (a)
27.The Office of the Ombudsperson was designated the national mechanism for the prevention of torture under Act No. 1397 of 29 September 2021 and began its work on 4 January 2022. This Act repealed Act No. 474 of 30 December 2013, establishing the Torture Prevention Service, which ceased to exist on 31 October 2021 (see annex 16).
28.From a review of the case files handled by the Torture Prevention Service, it has been established that: (a) there are no specific activities related to children and adolescents; and (b) only one case involving a 15 year old (Case No. 201502022002557) has been identified. In this case, the Service investigated the concealment of an aggravated offence of causing serious and minor bodily harm (see annex 16).
Reply to the question raised in paragraph 7 (b)
29.Between 2019 and 2021, the Office of the Ombudsperson, acting under the Constitution and Act No. 870, handled 6,055 complaints of violations of the rights of children and adolescents (1,659 in 2019, 1,773 in 2020 and 2,623 in 2021).
30.Most of the cases handled by the Office of the Ombudsperson related to domestic violence. The Office recorded 795 cases of physical, psychological or sexual abuse; 550 cases of non-compliance with or violation of the best interests of the child in judicial proceedings; 468 cases of violation of the principle of the best interests of the child in the implementation of public protection policies; 416 cases of lack of family protection; 375 cases of unpaid child support; 331 cases of social violence; 250 cases of violation of the right to a family; and 240 cases of failure to exercise parental responsibility.
31.Through its internal mechanisms, the Office of the Ombudsperson conducted formal investigations in 3,201 cases, intervened to address the violation in 1,762 cases, and provided guidance in 1,085 cases. Six complaints were rejected, and a constitutional action was filed in one case.
32.The institutions that were the subject of most complaints were municipal autonomous governments (1,303), departmental education directorates (453), private actors (414), the judiciary (246) and the Public Prosecution Service (224) (see annex 16).
33.An up-to-date report of the Child and Adolescent Information System on cases of violence against children in each of the years from 2017 to 2022, and the follow-up given to these cases, is provided in annex 19.
Reply to the question raised in paragraph 7 (c)
34.The current status of the cases of child rape reported by the Public Prosecution Service in 2019, 2020 and 2021 is as follows: 2,719 cases closed, 1,469 cases at the trial stage, 660 cases at the preparatory stage, 441 cases at the preliminary stage and 56 cases at the appeal stage (see annex 20).
35.The Council of the Judiciary indicates that 582 cases of child rape were filed in 2016; 654 in 2017; 674 in 2018; 785 in 2019; 915 in 2020 and 1,239 in 2021 (see annex 21).
Reply to the question raised in paragraph 7 (d)
36.Regarding the handling of cases of violence, including sexual violence, against children and adolescents during the confinement that followed the declaration of the COVID-19 pandemic in February 2020, the Public Prosecution Service performed its functions with complete normality in the main cities and the provinces. All personnel remained available and all biosafety measures were in place (see annex 20).
37.Between 2018 and 2021, the Specialized Centre for Prevention and Therapeutic Care of the departmental autonomous government of Cochabamba attended to the care requirements of 304 children and adolescents from 13 municipalities and 5 residential centres and homes. It also trained 11,799 persons (schoolteachers, parents, university students, educators, teams of experts working in reception centres, and prosecutors and judges, as well as 37 children and adolescents) (see annex 10).
Reply to the question raised in paragraph 7 (e)
38.Since 2019, the Ministry of Education has had a protocol for preventing and handling physical, psychological and sexual violence in State, private and faith schools and special education centres, which was adopted by Ministerial Decision No. 864/2019. The protocol is geared to different levels of education, develops content for the application of social and community values, and promotes fulfilment of the rights and duties of all children and adolescents (see annex 7).
39.In 2018 and 2019, the Ministry of Justice and Institutional Transparency conducted the “Pro Childhood” (#YoPorLaNiñez) campaign (see annex 22).
40.It also conducted the “Early Childhood with Love” (#PrimeraInfanciaconAmor) campaign (see annex 23).
41.The Ministry also created the “1000 Days” Programme, focused on early childhood (see annex 24).
Reply to the question raised in paragraph 7 (f)
42.The departmental autonomous government of La Paz, through the Child Adaptation Institute and the Child Rehabilitation Institute, has dealt with 31 cases of violence and assisted six children and adolescents at risk.
43.According to the Child and Adolescent Information System, Offices for the Defence of Children and Adolescents have dealt with 50 cases involving children and adolescents with disabilities (see annex 25).
Reply to the question raised in paragraph 8 (a)
44.In 2020, the municipal autonomous government of La Paz rolled out the “Strong Families” (Familias Fuertes) Programme to strengthen protective factors and emotional ties within families and address the risks that came to light during the confinement period (see annex 26).
45.In 2020, the departmental autonomous government of La Paz implemented a comprehensive early childhood development programme that fosters the development of the personal and protective capacities of parents and caregivers with the aim of ensuring that children receive the necessary comprehensive care, in accordance with positive parenting guidelines, while preventing domestic violence (see annex 26).
46.The Sectoral and Cross-Sector Coordinating Subcouncil for the Comprehensive Protection of Child and Adolescent Victims of Sexual Violence was set up in 2021 to develop policies, programmes and projects to prevent violence against children and adolescents in society and within the family (see annex 26).
Reply to the question raised in paragraph 8 (b)
47.In 2021, the Ministry of Justice and Institutional Transparency established two departmental committees for the restitution of the right to a family to review the files of children and adolescents in institutional care and identify those with families of origin or extended families with a view to their gradual deinstitutionalization (see annex 27).
48.The Ministry has begun to formulate a specific policy for preventing abandonment, strengthening families and restoring the right to a family (see annex 27).
Reply to the question raised in paragraph 8 (c)
49.Act No. 977 of 26 September 2017 establishes an obligation for employers to recruit persons with disabilities and parents, spouses or guardians responsible for one or more persons aged under 18 years with severe or very severe disabilities. It also provided, from 2018, for the payment of a Bs 250 monthly grant for persons with severe and very severe disabilities (see annex 28).
50.The Government also introduced a food allowance scheme under which food parcels worth Bs 500 containing sugar, flour, oil and milk are delivered to persons with disabilities. The initiative has a budget of Bs 38,642,500 and has benefited 77,285 people throughout the country (see annex 28).
Reply to the question raised in paragraph 8 (d)
51.Article 6 of the Children and Adolescents Code (Act No. 548 of 17 July 2014) states that early childhood begins at birth and ends at the age of 5 years, while school age for boys and girls begins at 6 years and ends at 12 years. Article 164 recognizes that public policies for the comprehensive protection of children and adolescents include those which serve to guarantee minimum and universal conditions in health, education, housing and security, among others, for children in early childhood (see annex 44).
52.Article 232 of the Summary Criminal Procedure Act (No. 1173 of 3 May 2019) provides that mothers breastfeeding infants under one year of age, accused persons having sole guardianship, custody or care of a child under the age of 6 years and persons with a degree of disability such that they are unable to fend for themselves, may not be placed in pretrial detention. However, Act No. 1226 of 18 September 2019, amending Act No. 1173, establishes that pretrial detention will nonetheless be admissible in cases of crimes against humanity, terrorism, genocide, treason and war crimes; crimes against the life, bodily integrity or sexual freedom of children, adolescents, women and older persons; offences against property involving physical violence; offences against State property involving corruption and related offences; and drug trafficking.
53.In 2017, the Ministry of the Interior conducted a situational analysis of children and adolescents in prisons that became the basis for several strategies to facilitate the removal of children and adolescents from the country’s prisons.
54.On 12 April 2022, the Ministry of Justice and Institutional Transparency reported that it is working on a presidential pardon that will benefit 60 women deprived of their liberty and allow for the removal of all remaining children living in the country’s prisons (see annex 29).
Reply to the question raised in paragraph 8 (e)
55.Article 10 of the Children and Adolescents Code provides that judicial or administrative proceedings involving children or adolescents must be free of charge. Article 37 (II) stipulates that a lack or shortage of material or financial resources may not be interpreted as violence, nor may it constitute, in itself, a reason for bringing proceedings to remove or suspend parental authority (see annex 44).
Reply to the question raised in paragraph 8 (f)
56.The findings of the study on the situation of children and adolescents residing in reception centres were the subject of a video released by the Ministry of Justice and Institutional Transparency on 20 July 2021 – the date on which the National Committee for the Restitution of Children’s and Adolescents’ Right to a Family was formed.
57.The Ministry has drawn up a plan for the restitution of the right to a family of children and adolescents deprived of family care and living in institutions that has seven components, including one on the implementation of a central register of applicants for domestic and inter-country adoption and one on inter-institutional coordination (see annex 31).
Reply to the question raised in paragraph 8 (g)
58.By Ministerial Decision No. 76/2020 of 9 September 2020, the Ministry of Justice and Institutional Transparency adopted methodological guides on the establishment and functioning of children’s committees and participation therein (see annex 32).
59.In 2021, the Ministry appointed representatives of the nine departments to the board of the Plurinational Committee of Children and Adolescents (see annex 32).
Reply to the question raised in paragraph 9 (a)
60.The Ministry of Health and Sport administers the Programme for the Development of the Central National Register of Persons with Disabilities, under which multidisciplinary teams conduct disability assessments based on the International Classification of Impairments, Disabilities and Handicaps, which lays down specific rules and criteria for disability assessment.
61.The Programme was launched in 2007 and strengthened in 2009 through the active participation of departmental and municipal governments.
62.The Programme’s information system – an information technology tool that allows for the collection, storage, processing and dissemination of the statistical information contained in the Register and thus facilitates the issuance of disability cards – became operational soon thereafter.
63.According to 2021 data from this information system, there were 92,960 registered persons with disabilities, of whom 5,942 were children and 15,233 adolescents.
64.The technical regulations governing assessment, registration and certification procedures were updated pursuant to Ministerial Decision No. 458 of 21 October 2020 (see annex 33).
Reply to the question raised in paragraph 9 (b)
65.In accordance with the Constitution, the General Act on Persons with Disabilities (No. 223), Act on the Provision of Comprehensive Health Care (No. 475) and the Strategic Guidelines for Proper Treatment of the Directorate General of Health Networks and Services, the Ministry of Health and Sport has been working on a document to be used as a tool for fostering a culture within which persons with disabilities receive proper treatment, the aim being to improve interpersonal relationships and create an environment of healthy communication and dialogue in health services (see annex 34).
Reply to the question raised in paragraph 9 (c)
66.The Early Childhood Development Unit of the Ministry of Health and Sport was established in 2011 on the understanding that, in order to ensure due promotion of and intervention in early childhood development, appropriate conditions for monitoring children’s birth, growth and ongoing development would need to be created. A standard for monitoring early childhood development was also developed, within the framework of the Intercultural Community Family Health Policy.
67.The Ministry promotes children’s growth and development monitoring in five domains, as part of the comprehensive care that they receive when using health facilities. In 2021, 45 per cent of health facilities were providing growth and development monitoring. An increase in this coverage in coming years is essential; monitoring allows for the identification of risk factors and possible developmental delays and for timely treatment to prevent future impairments and disabilities (see annex 35).
Reply to the question raised in paragraph 9 (d)
68.The Government increased the health budget from Bs 2.522 billion in 2005 to Bs 22.216 billion in 2021 (see annex 36).
69.In 2022, the Ministry of Health and Sport allocated a budget of Bs 2,442,6000 for the activities of its Disability Policy Management Unit. The Unit has 27 disability assessment professionals, 68 rehabilitation professionals and 9 clinical geneticists.
Reply to the question raised in paragraph 9 (e)
70.Since 2017, the Ministry of Health and Sport has provided refresher training on disability issues for 1,758 health professionals working in the national health system (see annex 33).
Reply to the question raised in paragraph 10 (a)
71.The Ministry of Health and Sport has been working on health promotion and food and nutrition measures with a view to preventing malnutrition. These measures include:
Promoting, encouraging, protecting and supporting breastfeeding
Preventing micronutrient and other nutritional deficiencies in the population
Strengthening the presence and functioning of comprehensive nutrition units at the national, departmental and municipal levels
Promoting food and nutrition education through dietary guidelines for different age groups
Devising strategies to promote healthy eating and prevent malnutrition in all its forms
Strengthening nutritional epidemiological surveillance in coordination with the National Health Information and Epidemiological Surveillance System
Improving the functioning of food and diet therapy units in health facilities
Implementing Act No. 775 on Promoting Healthy Eating
Disseminating, in the context of the COVID-19 pandemic, booklets to promote the strengthening of defences by eating fresh and natural foods, hygiene measures during the purchase and preparation of food, a book of healthy recipes, and recommendations for breastfeeding mothers (see annex 33).
Reply to the question raised in paragraph 10 (b)
72.The Plurinational Plan for the Prevention of Pregnancies in Adolescents and Young Persons 2015–2020 achieved the desired results in reducing the number of unwanted and unplanned pregnancies among adolescents and young persons. According to the data collected, the number of teenage pregnancies in Bolivia fell from 82,416 in 2015 to 68,916 in 2016; 60,850 in 2017; 52,669 in 2018; 47,212 in 2019; and 20,186 in 2020 (see annex 37).
73.Meanwhile, the National Health Information System recorded a reduction in teenage pregnancies from more than 90,000 cases in 2012 to 38,000 cases in 2021. However, there is evidence that the decline in the number of pregnancies among 10- to 19-year-old girls slowed, or even that the number increased, during the pandemic. The Government therefore faces several challenges, which it is addressing through the following strategic action lines:
Improving comprehensive and differentiated health-care services for adolescents and young persons
Undertaking awareness-raising and preventive activities and providing comprehensive and differentiated services for adolescents and young persons, with an emphasis on preventing teenage pregnancy, promoting the responsible use of modern contraceptive methods and preventing violence, sexually transmitted infections and HIV, through a gender-sensitive and intercultural approach of continuous lifetime care
Managing, supporting and encouraging participation in processes and spaces for advocacy, intersectoral work, community action and empowerment that facilitate the implementation of health policies beneficial to adolescents and young persons
Carrying out strategic communication activities to support and enhance the impact of the strategic action lines on the work of health personnel who care for adolescents and young persons (see annex 33)
Reply to the question raised in paragraph 10 (c)
74.The Ministry of Justice and Institutional Transparency, acting through the Plurinational Directorate of Youth of the Office of the Deputy Minister for Equal Opportunities, conducted the “Prevention is Best for You” (#PrevieneTeConviene”) campaign with the aim of preventing unplanned pregnancies among adolescents and young persons by informing them of their sexual and reproductive rights within the framework of the Plurinational Plan for the Prevention of Pregnancies in Adolescents and Young Persons. The campaign continued during 2020 and 2021, with a particular focus on events with strong youth engagement such as Carnival, Adolescent Pregnancy Prevention Week and World AIDS Day.
75.The Ministry of Justice and Institutional Transparency developed a video game app named Chataboo (see annex 37), which can be downloaded free of charge from the Play Store platform, in which players explore sexual and reproductive health rights under the following themes:
Sex and sexuality
Sexually transmitted infections
Prevention of teenage pregnancy
I protect myself because I love myself
Taking control of my life
Sexual violence
Reply to the question raised in paragraph 10 (d)
76.The updated National Mental Health Plan is now being implemented with a view to reducing drug, tobacco and alcohol use among children and adolescents. According to the Ministry of Health and Sport, substance use is most frequently associated with mental health problems including depression, anxiety disorders, schizophrenia and personality disorders. One of the groups most vulnerable to substance use is adolescents, who resort to alcohol or drugs to alleviate hopelessness, anxiety, irritability, negative thoughts and other emotional problems. Long-term use exacerbates these problems and often results in abuse or dependence. It has been observed that the average age of first-time drug use is 18 years (see annex 33).
Reply to the question raised in paragraph 10 (e)
77.Eliminating mother-to-child transmission of HIV has been one of the Government’s priorities since 2013. In this context, it has taken the following specific measures:
Screening of more than 250,000 pregnant women in 2021, a 2 per cent increase compared with 2020
Provision of free treatment and follow-up care for women diagnosed as HIV-positive, with treatment coverage at 90 per cent in 2021
Diagnosis and follow-up care of newborns exposed to HIV, carried out in coordination with the mother. In 2021, 14 infants born to mothers with HIV were diagnosed as HIV-positive
Prevention of HIV among adolescents. Departmental and regional surveillance, information and reference centres, which form the operational arm of the National Infectious Diseases Programme, carry out primary prevention activities, including information, education and communication on sexually transmitted infections and HIV, rapid HIV testing in primary care services, and promoting condom use through both the health services and mass campaigns
To ensure the development and access to education of children and adolescents with HIV/AIDS, Supreme Decree No. 0451 of 17 March 2010, regulating Act No. 3729, provides that no educational institution may discriminate against an applicant or student on the grounds of his or her status as a person living with HIV/AIDS. Between 2015 and 2021, there were no complaints of any type of discrimination in educational settings (see annex 33)
Reply to the question raised in paragraph 10 (f)
78.The Ministry of the Environment and Water guarantees equal and equitable access to drinking water and basic sanitation for all Bolivians. Water and sanitation coverage is shown in the figure below.
79.The Plurinational State of Bolivia thus guarantees access to water and sanitation services for all people, regardless of social status. Investment by the Office of the Deputy Minister for Drinking Water and Basic Sanitation in different municipalities is shown in the figure below (see annex 38).
Reply to the question raised in paragraph 11 (a)
80.The Ministry of Justice and Institutional Transparency promoted the safe return to early childhood care centres by issuing guidelines for their reopening (see annex 3).
81.The Ministry of Education led efforts to ensure children’s enrolment and continuation in education by improving pandemic response strategies and applying and enhancing various educational methods using resources such as learning texts and television and radio classes (see annex 7).
Reply to the question raised in paragraph 11 (b)
82.The Ministry of Education took several measures to prevent school abandonment at all levels:
Providing Kuaa personal laptop computers for school students throughout the country
Providing physics, chemistry, biology and geography laboratory materials for students in productive community secondary education
Awarding incentives worth Bs 1,000 to the two most outstanding school leavers in each secondary school, respecting gender equity
Giving outstanding school leavers the right to earn direct admission to public universities
Issuing school-leaving certificates free of charge
Granting solidarity scholarships for study at universities and technical institutes
Participation in the National Schools Supplementary Feeding Programme
Strengthening school telecentre projects
Expanding mid-level technical studies through the introduction of the technical humanities baccalaureate
Holding plurinational student science olympiads
Holding plurinational student games for primary and secondary school students
Rolling out the Multigrade Modular Assistance Programme (itinerant schools) aimed at students from vulnerable and hard-to-reach communities, such as riverbank communities
83.The cancellation of the 2020 school year caused an educational crisis that violated students’ right to education. Since 18 October 2020, different strategies have been adopted to restore the right to education. Thus, Supreme Decree No. 4449 of 13 January 2021 declared 2021 the “year of recovery of the right to education” and set out the following strategies:
Implementation of classroom, blended and distance learning methods in response to the pandemic
Provision of educational resources such as learning texts for students of all levels: community and family initial education, vocational community primary education and productive community secondary education
Adoption of television and radio education tools to strengthen educational processes at different levels
Introduction of the free education platform
84.Between 2017 and 2021, “Juancito Pinto” allowances were disbursed with the goal of preventing school abandonment among students in community and family initial education, vocational community primary education and productive community secondary education. These allowances benefited 2,171,532 students in 2017, 2,182,792 students in 2018, 2,221,482 students in 2019 and 2,263,725 students in 2020 (see annex 7).
Reply to the question raised in paragraph 11 (c)
85.The Ministry of Education has implemented several policies in favour of indigenous peoples. It established 35 language and culture institutes for indigenous nations and peoples whose aims are to normalize, revitalize and raise the status of indigenous languages. In addition, 446 “bilingual nests” were established throughout the country to transmit language, knowledge and skills to young children (see annex 7).
Reply to the question raised in paragraph 11 (d)
86.The Ministry of Education has been promoting the inclusion of children with disabilities in mainstream primary schools. In 2019, 3,179 children with disabilities, 1,236 of them girls and 1,933 boys, were enrolled in mainstream primary schools. Of this total, 2,858 were enrolled in State schools and 311 in private schools.
87.In 2019, 1,808 children and adolescents with disabilities (1,055 boys and 753 girls) were enrolled in mainstream secondary schools.
88.Conversely, in 2021, a total of 17,730 children and adolescents with disabilities were in special education (see annex 39).
Reply to the question raised in paragraph 11 (e)
89.In application of Act No. 070, which states that education fosters peaceful coexistence, the Ministry of Education is seeking to eradicate all forms of violence in the educational environment and working towards a non-patriarchal society founded on gender equity, the absence of role differentiation, non-violence and the full enjoyment of human rights. It has taken specific measures to prevent discrimination and violence pursuant to Ministerial Decisions No. 2709/2017, No. 1171/2018, No. 1204/2018, No. 1239/2018, No. 0864/2019, No. 0854/2019 and No. 001/2021 (see annex 7).
90.The curriculum of the mainstream education subsystem, which is one of the most important tools in the educational process, was adapted for the 2022 school year with the addition of content for delivering sex education and addressing the prevention of different forms of violence, among other subjects (see annex 7).
91.Ministerial Decisions No. 001/2013 to No. 001/2022, setting forth the general rules for each school year, establish specific mandates for addressing the prevention of violence, teenage pregnancy and other social problems in schools (see annex 7).
92.The Ministry of Education has defence lawyers attached to the departmental directorates of education who provide legal support to student victims of sexual violence and follow up on their cases until a judgment is handed down. As at 2021, 393 teachers had been prosecuted for offences against sexual freedom, and 100 of them had already been removed from the education system (see annex 7).
93.The following prevention, response and reporting mechanisms have been developed and approved: (a) a protocol for preventing, responding to and reporting cases of physical, psychological and sexual violence in schools and special education centres, adopted by Ministerial Decision No. 0864/2019; (b) a protocol for preventing and responding to the presence, possession, consumption and small-scale trafficking of drugs in schools, adopted by Ministerial Decision No. 1171/2018; (c) the Peaceful and Harmonious Coexistence Plan for schools, adopted by Ministerial Decision No. 208/2021; and (d) in 2021, campaigns were run to raise awareness of these mechanisms among departmental, district and technical administrators and school principals, reaching a total of 5,207 authorities (see annex 7).
94.Within the framework of the production-oriented community-based educational model, the following academic offer has been developed for teacher training: (a) a continuing education cycle on comprehensive sex education for Vivir Bien, consisting of three courses on: comprehensive sex education, sexual rights and reproductive rights; sensitization to sexual orientation and gender identity; prevention of sexual transmitted infections and HIV/AIDS; and prevention of pregnancy in adolescents and young persons, including a section on Constitutional Decision No. 206/2014; (b) a course on preventing, detecting, addressing and reporting violence in schools, aimed at school principals; (c) a continuous education cycle on promoting harmonious and peaceful coexistence in schools, geared towards building new forms of relationships; and (d) postgraduate training, including diplomas in the prevention of violence in educational contexts and in depatriarchalizing education (see annex 7).
Reply to the question raised in paragraph 11 (f)
95.The Ministry of Education is taking measures to provide free, safe and sufficient recreational spaces for children and adolescents. Recreational and cultural activities are planned in coordination with departmental and district directorates of education and school administrations according to the needs and potential of each region, thus ensuring the protection and defence of children’s and adolescents’ rights. The Ministry of Education has an infrastructure team that monitors the physical facilities that students require for their cultural development and participation (see annex 7).
96.The Association of Women Councillors of Bolivia drafted a document entitled “Cuidar es responsabilidad de todas y todos” (Care is everyone’s responsibility) to promote the implementation by municipal autonomous governments of public policies that involve: (a) developing models for childcare and early stimulation centres to be established in markets, alternative education centres, public institutions and municipal districts; (b) establishing social and recreational spaces (libraries, parks, sports facilities, community spaces); and (c) building capacity in municipal childcare services (see annex 14).
Reply to the question raised in paragraph 11 (g)
97.Pursuant to Ministerial Decision No. 001/2021 of the Ministry of Education, during the COVID-19 pandemic teaching was conducted through distance learning supported by printed, digital, technological (virtual platforms) and mass media (radio and television) resources. This included the delivery of learning texts at the initial, vocational community primary and productive community secondary levels of education (see annex 7).
Reply to the question raised in paragraph 12 (a)
98.The National Institute of Agrarian Reform is a decentralized public entity of the Ministry of Rural Development and Land whose objective is to increase the income of small-scale farmers. In 2021, the Institute (a) completed the measurement of more than 529,239 hectares; (b) issued final decisions regularizing land rights over 1.5 million hectares; (c) issued 72,200 land registration certificates; (d) registered 2,500 rural property titles, taking the total to 532,895 titles registered to date, representing an advance of 40.85 per cent. These measures benefited 193,950 families throughout the country (see annex 8).
99.The Office of the Deputy Minister of Indigenous Original Campesino Justice has conducted awareness-raising workshops in the territories of the indigenous original campesino nations with an emphasis on protecting the rights of indigenous children and adolescents (see annex 40).
Reply to the question raised in paragraph 12 (b)
Types of violations of indigenous children’s rights
100.The Office of the Deputy Minister of Indigenous Original Campesino Justice of the Ministry of Justice and Institutional Transparency deals with complaints of rights violations, which often involve land encroachment, access to water and decisions by indigenous organic authorities that infringe the rights of children and adolescents.
101.The community-based strategy for the protection of children and adolescents living within an indigenous original campesino jurisdiction emerged as a mechanism for raising awareness of the rights of children and adolescents and preventing violence, taking into account article 155 (II) of the Children and Adolescents Code. There are also methodologies for training community advocates and for raising awareness of the differentiated approach to the comprehensive protection of indigenous original campesino children and adolescents (see annex 40).
Reply to the question raised in paragraph 13 (a)
Measures taken to prevent child labour
102.The Ministry of Labour, Employment and Social Security is formulating a policy to address the root causes of child labour. To this end, it carries out institutional activities underpinned by:
A prevention strategy
An inspection strategy
A direct action strategy
103.Temporary mobile offices in rural and remote areas, including the region that is home to the Guarani, are tasked with detecting violations of the rights of children under 14 years of age who are engaged in work.
104.Between 2018 and 2021, the Ministry held 10,264 workshops on the prevention of child labour and protection of children and adolescents who work and conducted 2,760 inspections with a view to protecting adolescents and young people in work. It has also opened 28 temporary mobile offices with the goal of progressively eradicating child labour.
105.The Office of the Ombudsperson has published a report entitled “Trabajo Infantil y Adolescente en Bolivia: Vulneración del derecho a la protección de niñas, niños y adolescentes con relación al trabajo” (Child labour in Bolivia: violation of children’s and adolescents’ right to labour protection) (see annex 41).
106.The Ministry of Labour, Employment and Social Security reported that its mobile teams have conducted comprehensive inspections in rural areas with a view to preventing trafficking in persons, people smuggling and related offences and promoting the socioeconomic reintegration of victims.
107.The Ministry’s activities have included:
Conducting social and labour inspections at farms and cattle ranches in the Chaco, the Amazon region and the Integrated North of Santa Cruz, identifying the social and labour conditions of salaried employees, including adolescent workers
Establishing comprehensive mobile offices in remote regions to guarantee and restore the labour and fundamental rights of the most vulnerable workers
Conducting 315 mobile inspections in 2021, in which wages below the national minimum wage, discrimination against female and adolescent workers, family wages and unpaid overtime were found
Recovering the sum of Bs 1,547,122 owed for wages, wage equalization and overtime
Organizing training workshops on fundamental, social and labour rights, with a focus on trafficking and smuggling, for 1,380 rural workers
Conducting 225 child labour inspections in 2021, in which violations of social and labour rights including child labour involving children under the age of 14 years were identified and referred to the competent authorities
Establishing, also in 2021, three mobile offices with a particular focus on gender in the regions surrounding the departmental capitals of Santa Cruz, La Paz and Beni, which between them received 187 complaints of labour violations, conducted 22 inspections to verify the social and labour conditions of workers, trained 345 people and recovered the sum of Bs 9,956 in favour of salaried employees in rural areas
Implementing a prevention and social protection programme for working children under 14 years of age with the participation of the Sectoral and Cross-Sector Coordinating Subcouncil for Matters concerning Working Children and Adolescents, central, departmental and municipal government bodies and organizations of working children and adolescents (see annexes 9 and 41)
Reply to the question raised in paragraph 13 (b)
108.The system of temporary mobile offices operates in various areas, especially rural and remote areas, with the aim of detecting any form of labour involving children under 14 years of age. Detected cases are referred to the Office for the Defence of Children and Adolescents and offences such as trafficking for the purpose of labour exploitation are reported to the Public Prosecution Service.
109.The Ministry of Labour, Employment and Social Security, in accordance with its mandate under Act No. 1139, has developed a form for the registration and/or authorization of adolescent workers, together with instructions for its completion. The form was approved by Ministerial Decision No. 532/19 of 12 June 2019 and will allow institutions to work together for the protection of adolescent workers (see annexes 9 and 41).
Reply to the question raised in paragraph 13 (c)
110.In the formal education sphere, in 2016 the Ministry of Justice and Institutional Transparency incorporated content on the prevention of trafficking in persons and people smuggling into the basic curriculum of the mainstream education subsystem taught in more than 5,000 schools and held awareness-raising sessions with 60,000 students nationwide. Other activities included information fairs held in the departments of Cochabamba, La Paz and Santa Cruz and in border municipalities throughout the country, and training workshops with the general public and students.
111.The Ministry of Education produced two educational support texts for the prevention of commercial sexual violence and a protocol for the reintegration of victims of trafficking in persons and people smuggling.
112.In the health sphere, the Ministry of Justice and Institutional Transparency and the Ministry of Health and Sport produced Booklet No. 44, which promotes self-protection among children aged 6 to 8 years. In 2016, information and awareness campaigns on trafficking in persons and people smuggling reached 15,000 people from 3,000 families.
113.In the area of communication, in 2016, the Ministry of Justice and Institutional Transparency, in coordination with the Office of the Ombudsperson, conducted the “Some Sweets are Bitter” (Hay dulces que amargan) information and awareness-raising campaign and a campaign to prevent the labour exploitation of children and adolescents engaged in domestic work. It also organized a short story competition for World Day against Trafficking in Persons.
114.The Ministry of the Interior carried out four national communication campaigns to prevent and raise awareness of violence, trafficking in persons and people smuggling. These campaigns utilized radio, television and social media and included the organization of two multisectoral fairs, a schools fair attended by 3,000 students, and a webinar. Some 6,000 persons participated in training workshops on the prevention of trafficking in persons and people smuggling; 400 police officers were trained in combating trafficking in persons, people smuggling and violence; 202 justice officials also received training; and 158 members of departmental councils against trafficking in persons and people smuggling attended a virtual training course entitled “Fundamental concepts for comprehensively addressing the offences of trafficking in persons and smuggling of migrants”. In 2018, 2020 and 2021, eight border operations were conducted in Desaguadero (bordering Peru), Bermejo (bordering Argentina), Cobija and Puerto Suárez (both bordering Brazil). A further 18 operations were carried out in the departments of Cochabamba, La Paz and Santa Cruz in 2021.
115.The departmental councils against trafficking in persons and people smuggling of the departments of La Paz, Potosí, Tarija, Cochabamba, Oruro and Santa Cruz carried out prevention and awareness-raising activities at the departmental level and increased investment in measures such as the opening of reception centres and temporary hostels; inspections; puppet shows, fairs, forums and cinema cycles; mass campaigns such as “Love without Photos” (Amor sin fotos), “Seduction/Work + Trap = Trafficking and Smuggling – Be Careful!” (Seducción/Trabajo + Trampa = Trata y Tráfico - ¡Cuídate!) and “Don’t Deal in Trafficking” (No trates con la trata); and the “It’s About You and Me” (Se trata de ti y de mí) preventive programme. Inter-institutional networks were established for the protection, care and reintegration of victims of trafficking in persons and people smuggling and related offences, with a focus on children and adolescents.
116.In the area of civil security, the Ministry of the Interior, through the Trafficking in Persons and People Smuggling Division of the Bolivian police, carried out preventive activities and conducted operations nationwide.
117.The Office of the Ombudsperson published a special report on the inspection of national travel documents and authorizations of children and adolescents at land terminals, toll booths and highway checkpoints as a means of preventing trafficking in persons (see annexes 42 and 43).
Reply to the question raised in paragraph 13 (d)
118.The Ministry of the Interior has prepared plans and activities for the prevention of violence with a child rights perspective. Accordingly, it has:
Implemented a student safety plan, following the criteria of the model and protocol
Implemented the “My Safe Neighbourhood” Plan
Designed the “Love is Good Treatment” (Amor es buen trato) toolkit for integrated police stations
Conducted the national campaign “Let’s Teach with Love not Violence” (Enseñemos con amor sin violencia) (see annex 43)
Reply to the question raised in paragraph 13 (e)
119.The Ministry of Health and Sport has registered 1,556 migrant children and adolescents and their parents – 678 male and 878 female – in the health system (see annex 33).
Reply to the question raised in paragraph 14
120.The age of criminal responsibility was reduced from 16 to 14 years under the Children and Adolescents Code, which establishes a special regime for juvenile offenders that is intended to be not only a system of punishment but also a preventive one, in that the regime can be beneficial for adolescents aged 14 years and older, who are placed in a special programme based on a restorative justice approach (see annex 44).
121.By Ministerial Decision No. 23/2020 of 16 March 2020, the Ministry of Justice and Institutional Transparency adopted a protocol for alternative outcomes in the juvenile justice system. This instrument provides guidance on conciliation and reparation of harm for prosecutors, judges, defenders of children and adolescents, interdisciplinary teams and restorative justice teams from the departmental expert bodies for social policy.
122.By Ministerial Decision No. 72/2019 of 2 August 2019, the Ministry adopted a guide for the application of restorative justice mechanisms intended to provide guidance for restorative justice procedures for victims, families and communities through to the follow-up to restorative agreements.
123.The Ministry also conducted a situational analysis of adolescents in conflict with the law and related risk factors with a view to developing a comprehensive plan for the social prevention of violence and crime among adolescents (see annex 45).
Reply to the question raised in paragraph 15
124.The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict was ratified by Act No. 2827 of 3 September 2004. Within this framework, Supreme Decree No. 1875 of 23 January 2014 establishes that persons aged 17 to 22 years must complete one year of compulsory military service.
125.Voluntary military service, as regulated by Act No. 954 of 9 June 2017, may be undertaken by persons in the following categories:
Teenage boys and men aged 17 years or over
Women aged 18 years or over
Male and female students in the penultimate year of secondary education who are over the age of 16 years
126.Voluntary recruitment ensures that no person is forced or coerced to sign up, that the informed consent of parents or legal guardians is obtained, that adolescents are fully informed and that they provide reliable proof of their age (see annex 46).
127.The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography was ratified by Act No. 2367 of 7 May 2002, which amended the criminal laws and established the offences of trafficking in persons, commercial sexual violence and pornography.
128.The following measures have also been taken:
(a)The National Equal Opportunities Plan was adopted pursuant to Supreme Decree No. 29850 of 10 December 2008. In 2010 and 2012, taking into account the Plan’s focus on gender-based violence, the Government implemented national information-sharing and awareness-raising activities on human trafficking and smuggling, focusing particularly on women and girls;
(b)The National Human Rights Action Plan 2009–2013, adopted under Supreme Decree No. 29851 of 10 December 2008, has a specific section on human trafficking and smuggling;
(c)The Comprehensive Act on Combating Human Trafficking and Smuggling (No. 263 of 31 July 2012) was promulgated;
(d)Supreme Decree No. 1486 of 6 February 2013, regulating Act No. 263, was adopted;
(e)The Plurinational Policy for Combating Human Trafficking and Smuggling 2013–2017 was adopted;
(f)The National Plan to Combat Human Trafficking and Smuggling 2015–2019 was adopted;
(g)The 2016–2020 Multisectoral Plan for Comprehensive Action to Combat Human Trafficking and Smuggling was adopted;
(h)The Consolidated Protocol and Road Map for the Specialist Care of Victims of Human Trafficking and Smuggling was adopted in December 2012 and amended and updated in 2018;
(i)The Guide to the Early Detection of Human Trafficking and Smuggling and to Protection Mechanisms in the Context of Migration was adopted on 25 February 2016;
(j)The Protocol for the Repatriation of Victims of Human Trafficking and Smuggling of Bolivian Nationality Abroad was adopted on 23 April 2015 (see annex 47).
Part II
Reply to the question raised in paragraph 16 (a)
129.For a list of new bills and laws and their most relevant regulations, see annex 48.
Reply to the question raised in paragraph 16 (b)
130.For information on new institutions and their mandates and judicial reforms, see annex 49.
Reply to the question raised in paragraph 16 (c)
131.For recently introduced policies, programmes and action plans and their scope and financing, see annex 50.
Reply to the question raised in paragraph 16 (d)
132.For human rights instruments ratified by the Plurinational State of Bolivia, see annex 51.
Part III
Reply to the question raised in paragraph 17
133.The table below shows the budget for children and adolescents, broken down by specific, indirect and expanded expenditure, in millions of bolivianos (see annex 52).
|
Type of expenditure |
Category |
2019 (p) |
2020 (p) |
2021 (p) |
2022 (p) |
|
Specific expenditure |
Education |
13 252.5 |
16 255.3 |
16 519.2 |
16 723.7 |
|
Conditional transfers |
669.6 |
701.2 |
695.1 |
324.4 |
|
|
Living conditions |
1 694.1 |
1 684.1 |
1 326.7 |
1 349.9 |
|
|
School breakfasts |
799.7 |
803.0 |
666.9 |
709.8 |
|
|
Sport |
700.1 |
653.6 |
313.7 |
225.5 |
|
|
Health |
726.7 |
662.5 |
589.6 |
482.5 |
|
|
Child protection |
247.7 |
261.1 |
178.5 |
148.6 |
|
|
Indirect expenditure |
Health |
5 520.7 |
5 735.0 |
6 575.8 |
10 759.7 |
|
Living conditions |
41.0 |
47.4 |
24.8 |
26.8 |
|
|
Child protection |
3.0 |
2.6 |
2.6 |
4.1 |
|
|
Expanded expenditure |
Living conditions |
642.2 |
575.0 |
444.2 |
2 020.4 |
|
Health |
2.7 |
3.2 |
2.2 |
10.2 |
|
|
Total |
24 300.1 |
27 384.2 |
27 339.3 |
3 2785.6 |
Source : Ministry of Economic Affairs and Public Finance (Office of the Deputy Minister for the Budget and Fiscal Accounting, Directorate General of Budget Planning and Management, Budget Management and Pluriannual Budgeting Unit).
134.In 2021, a budgetary and financial analysis of the protection system was carried out to quantify investment in the system for the protection of children and women from violence. The institutional, functional and programmatic structure of the system was also analysed (see annex 52).
135.On 3 July 2019, the Federation of Municipal Associations signed a memorandum of understanding with the United Nations Children’s Fund (UNICEF) to promote the development of policies and the allocation of adequate public budgets for children and adolescents at the municipal level (see annex 15).
Reply to the question raised in paragraph 18
136.The National Institute of Statistics has drawn up population projections by sex, department and age group for the period 2020–2022 (see annex 53).
Reply to the question raised in paragraph 19 (a)
137.According to statistics from the JL.1 computer system of the Office of the Special Prosecutor for Crimes against Life and Personal Integrity of the Public Prosecution Service, there were 66 cases of infanticide in 2019, 51 in 2020 and 46 in 2021 (see annex 20).
Reply to the question raised in paragraph 19 (b)
138.Based on information from the JL.11 system, the Public Prosecution Service reported that, between 2019 and 2021, it handled 3,788 cases involving the offences of sexual abuse under the amended article 312 of the Criminal Code; statutory rape under article 309; rape of an infant, child or adolescent under article 308 bis; and family or domestic violence under article 272 bis. Of these cases, 253 dated from 2019, 1,444 from 2020 and 2,091 from 2021 (see annex 20).
139.The Council of the Judiciary reports that 206 cases of rape of a child or adolescent are currently at the trial stage. These cases were filed in 2016 (10 cases), 2017 (25 cases), 2018 (48 cases), 2019 (36 cases), 2020 (58 cases) and 2021 (29 cases) (see annex 21).
140.Between 2016 and 2020, judgments were handed down in 565 cases of rape of a child or adolescent. Fifty-five judgments were handed down in 2016, 111 in 2017, 122 in 2018, 143 in 2019 and 134 in 2020 (see annex 21).
Reply to the question raised in paragraph 19 (c)
141.Information on adolescent pregnancies is included in right to health indicators. The construction of these indicators commenced with the establishment of the thematic expert committee on the right to health, composed of representatives of the Ministry of Health and Sport and other State bodies. This work is described on the website http://ddhh.ine.gob-.bo/ddhh2016/onu/index.php’r=site/salud.
142.Since 2018, the publication entitled “Bolivia: Estudio Temático del Embarazo Adolescente. Encuestas de Demografía y Salud 2008 and 2016” (Bolivia: Thematic study of adolescent pregnancy. 2008 and 2016 demographic and health surveys) has been used to support the planning and design of comprehensive development policies in accordance with the guidelines of the National Development Plan (see annex 56).
143.The 2011–2019 household survey conducted by the National Institute of Statistics yielded information on the female population aged 13 to 50 years, disaggregated by area and care characteristics of last childbirth (annex 54).
144.The Plurinational Service for Women and for Dismantling the Patriarchy, which is part of the National Committee for Motherhood and Safe Childbirth, is drafting a protocol for the care of pregnant girls and has contributed to the development of printed materials on the exercise of and respect for women’s and girls’ human rights in the context of the “Girls Not Mothers” (#NiñasNoMadres) and “Do It For All Girls” (#HazloPorTodas) campaigns (see annex 55) to prevent child marriage.
145.According to information from the Ministry of Health and Sport, there were 380,658 teenage pregnancies between 2015 and 2021. During the period 2014–2020, there were 240 legal abortions in health facilities (see annex 55).
Reply to the question raised in paragraph 19 (d)
146.Between 2019 and 2022, the Ministry of Health and Sport identified 547 children and adolescents who abused substances including alcohol, hallucinogens, antidepressants, marijuana, cocaine, solvents, stimulants, sedatives and hypnotics (see annex 33).
Reply to the question raised in paragraph 20 (a)
147.A 2019 study on the situation of children and adolescents in institutional care established that there were 5,678 children and adolescents living in 180 reception centres (see annex 13).
Reply to the question raised in paragraph 20 (b)
148.The Council of the Judiciary reported that, in 2020, the family courts of the departmental capitals and El Alto ruled on 536 guardianship proceedings, while in 2019 the children’s and adolescents’ courts of departmental capitals and El Alto ruled on 73 tutorship and 379 guardianship proceedings (see annex 56).
Reply to the question raised in paragraph 20 (c)
149.Within the framework of the Children and Adolescents Code, 63 inter-country adoption decisions were issued in 2021, restoring the right to a family of 67 children and adolescents (see annex 56).
150.As for domestic adoption, 361 cases were finalized in 2019 and 2020 (see annex 56).
Reply to the question raised in paragraph 21 (a)
151.In 2021, a total of 19,529 children, adolescents and young persons with disabilities aged up to 19 years were living with their parents (see annex 33).
Reply to the question raised in paragraph 21 (b)
152.In 2021, a total of 723 children, adolescents and young persons with disabilities aged up to 19 years were living with relatives (see annex 33).
Reply to the question raised in paragraph 21 (c)
153.In 2021, 433 children, adolescents and young persons with disabilities aged up to 19 years were living in institutions (see annex 33).
Reply to the question raised in paragraph 21 (d)
154.In 2021, 752 children with disabilities aged up to 9 years were attending primary schools (see annex 33).
Reply to the question raised in paragraph 21 (e)
155.In 2021, 651 children, adolescents and young persons with disabilities aged 10 to 19 years were attending secondary schools (see annex 33).
Reply to the question raised in paragraph 21 (f)
156.In 2021, 3,879 children, adolescents and young persons with disabilities aged up to 19 years were attending special schools (see annex 33).
Reply to the question raised in paragraph 21 (g)
157.In 2021, 9,903 children, adolescents and young persons with disabilities aged up to 19 years were not in education (see annex 33).
Reply to the question raised in paragraph 21 (h)
158.In 2021, 433 children, adolescents and young people with disabilities aged up to 19 years were living in institutions, for reasons including abandonment (see annex 33).
Reply to the question raised in paragraph 22 (a)
159.The JL.1 system of the Public Prosecution Service reveals that 171 adolescents were arrested between 2019 and 2021: 18 in 2019, 67 in 2020 and 61 in 2021 (see annex 20).
Reply to the question raised in paragraph 22 (b)
160.The Ministry of Justice and Institutional Transparency has collected preliminary information from the departmental autonomous governments on the population of specialized centres for juvenile offenders, with figures disaggregated by offence. The Ministry also has information on the number of juvenile offenders who have been referred to diversion programmes or are subject to social and/or educational measures (annex 57).
Reply to the question raised in paragraph 22 (c)
161.The JL.11 system of the Public Prosecution Service also reveals that, between 2018 and 2021, 306 adolescents were placed in pretrial detention: 36 in 2018, 37 in 2019, 110 in 2020 and 123 in 2021 (see annex 20).
Reply to the question raised in paragraph 22 (d)
162.The same system indicates that, between 2018 and 2021, 236 adolescents were given prison sentences: 46 in 2018, 61 in 2019, 82 in 2020 and 47 in 2021 (see annex 20).
Reply to the question raised in paragraph 23
163.The investment required to achieve the Sustainable Development Goal targets related to the prevention of violence against children, adolescents and women was determined in 2021 (see annex 58).
164.In 2021 and 2022, the Federation of Municipal Associations has been working on a strategy to improve public finances and administration at the different levels of government with a view to preventing and addressing violence against children and women as a step towards achieving the Sustainable Development Goals. It has also disseminated a toolbox for the formulation of regional plans and budgets based on the recognition and fulfilment of the rights of children and adolescents (see annex 15).
Reply to the question raised in paragraph 24
165.The information has been updated in the light of the responses that have been received.
Reply to the question raised in paragraph 25
Adult-centrism
Violence
Civic participation
166.The annexes supporting these replies can be accessed via the following link:
https://drive.google.com/file/d/1KmY1o0efowI-oLLppsiG7RsxxF2ntK8h/view?usp=sharing.