United Nations

CRC/C/SLV/Q/3-4/Add.1

Convention on the Rights of the Child

Distr.: General

21 December 2009

English

Original: Spanish

Committee on the Rights of the Child

Fifty-third session

11–29 January 2010

Written replies by the Government of El Salvador to the list of issues (CRC/C/SLV/Q/3-4) prepared by the Committee on the Rights of the Child in connection with the consideration of the third and fourth periodic reports of El Salvador (CRC/C/SLV/Q/3-4) *

[Received on 10 December 2009]

Part I

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

1.The Convention on the Rights of the Child (hereinafter, “the Convention”) is invoked directly in various judicial proceedings, both by the parties to provide grounds for their positions and requests, and by judges to substantiate their decisions.

2.The following are some examples of judicial proceedings in which the Convention is constantly invoked:

(a)Family proceedings: recognition of paternity; personal care; relations and treatment; adoption; maintenance; and domestic violence proceedings, among others. In addition, the Convention is applied directly to ascertain the opinion of the child on the basis of his or her age and maturity, including at ages lower than that established in the Family Code (12 years);

(b)Proceedings under the Juvenile Criminal Code: to provide grounds for the application of non-custodial measures to adolescents in breach of the criminal law;

(c)Criminal proceedings: to provide grounds for the protection of child victims by declaring the proceedings confidential or applying other similar measures.

2.Please indicate how the Act for the Comprehensive Protection of Children and Young Persons contributes to the implementation of the Convention.

3.The Act for the Comprehensive Protection of Children and Young Persons is currently scheduled to enter into force on 16 April 2010.

4.The most noteworthy feature of the new Act contributing to the implementation of the Convention is the proposed change from the guardianship model, ever-present in some form in the existing Family Code, to the comprehensive protection model: the Act promotes recognition of children and adolescents as subjects of law in accordance with the principles of equality and equity, as well as development of the obligations of the family, society and the State by virtue of the principle of co-responsibility.

3.In what ways does the State party consider that the Family Code must be adapted to the Convention?

5.El Salvador recognizes that there are some aspects of the Family Code that still need to be brought into line with the parameters of the Convention.

6.In this connection, El Salvador acknowledges that it has still not complied with the recommendation of the Committee on the Rights of the Child concerning review and adjustment of the Family Code to provide for the possibility of concluding a marriage below the general minimum age of 18 years, with the appropriate minimum age laid down in national legislation being increased and boys and girls being treated equally in this respect.

7.El Salvador also recognizes that national legislation needs to be adjusted in other areas, such as adoption.

4.Please explain what methods are used to make up the shortfall in investment in children, indicating how public spending is distributed between urban and rural areas, at the national and local levels, in rural and indigenous communities, and between boys and girls.

8.El Salvador is taking measures to ensure that fundamental rights in the fields of health, education and housing are realized and citizen and food security is strengthened through the implementation of the Government Plan 2009–2014.

9.Efforts are being made to ensure that the Budget Act is focused on the achievement of the following objectives:

(a)Channelling resources to support for the most vulnerable groups;

(b)Constructing an inclusive human system based on solidarity and co-responsibility of the State and society;

(c)Guaranteeing that the commitments assumed by El Salvador in the context of the Millennium Development Goals are met;

(d)Continuing to strengthen the Salvadoran educational system in order to increase school attendance, to guarantee and optimize the impact of the educational services at the various levels and to facilitate access to education by providing it free of charge;

(e)Improving access to and quality of health services, expanding their coverage, particularly in rural areas; granting priority access to low-income groups, emphasizing disease prevention, reduction of child and maternal mortality and nutrition and breastfeeding and ensuring improved 24-hour, 7 days a week coverage by the health services through the Health Solidarity Fund (Fosalud).

10.At the local level, the 262 municipalities allocate resources for children and adolescents by investing in infrastructure and basic services for them and their families.

11.Action is also being taken under special support programmes for comprehensive child development. According to the study on municipal public investment and results associated with local development, between 2003 and 2007, 6.9 per cent of projects carried out by the municipalities concerned matters such as scholarships, sporting events, patron saint festivals and contributions to local bodies. These projects mainly benefit children and adolescents.

12.The study notes the role played by the municipalities in developing health and sanitation, sport, education and cultural promotion investment projects. Sport accounts for 33 per cent of investment and includes construction or improvement of sporting facilities and contributions to local sport teams. Sanitation and primary health projects make up 29.2 per cent, including cleaning and improvement of health units and posts. Education receives 2.4 per cent of the resources, which go to construction and equipping of school centres. Cultural activities represent 12.5 per cent. Children and adolescents, and their families, are the beneficiaries of this public spending.

13.Most municipalities do not have a specific budget item for children and adolescents. In general, expenditure on the relevant activities comes under the budget line “Public services”.

14.We now face the challenge of achieving more detailed official analysis of public investment in children at the national and municipal levels, with statistics disaggregated by gender, area, campesino communities, indigenous peoples, etc.

5.Kindly furnish the Committee with updated information on the guiding role, resources and effective coordination capacity of the National Children and Adolescents Council (CONNA) provided for by the Act for the Comprehensive Protection of Children and Young Persons. How are the national and local levels coordinated?

15.As approved by the Legislative Assembly, the National Children and Adolescents Council (CONNA) is conceived as the supreme authority of the comprehensive protection system.

16.El Salvador is unable to provide information on the resources allocated to CONNA during the period under review since, as stated in paragraphs 3 and 4 above, the Act for the Comprehensive Protection of Children and Young Persons has not yet entered into force and there was therefore no call for a budget to be assigned to CONNA during 2009.

17.Similarly, it is not currently possible to give information on how coordination is ensured between the national and local levels, as provided for by the Act.

18.El Salvador will be in a position to provide such information once the Act has come into force.

6.Information is requested on the creation of departmental boards and municipal committees for the protection of children and adolescents and on their duties and the resources at their command for the implementation of the rights of the child.

19.For the reason given in the answer on issue 5, the departmental boards for the protection of children and adolescents and the local committees for the rights of children and adolescents, as provided for by the Act for the Comprehensive Protection of Children and Young Persons, are yet to be established, and therefore no resources were allotted to those bodies for implementation of the rights of the child in 2009.

20.Nevertheless, municipalities such as Nahulingo, Atiquizaya and Santa Tecla have formed local committees for children and adolescents and have granted them financial and/or technical support in managing funds for the conduct of their activities, which include organizing festivities, distributing toys and providing education on citizens’ rights. Some municipal authorities, for example at Ayutuxtepeque, El Carmen, La Unión, Yucuayquín and El Divisadero, are in the process of forming such committees.

7.Kindly supply additional information on the activities and resources available to the Office of the Procurator for the Defence of Human Rights and how it coordinates with other municipal human rights institutions. Is the Office of the Procurator authorized to receive complaints (including those from children themselves), process them and monitor policies concerning children?

21.The resources available to the Office of the Procurator for the Defence of Human Rights in respect of children, adolescents and young people are as follows (in United States dollars):

Item

Fiscal exercise

Total

Jan. – Dec. 2008

Jan. – Oct. 2009

Remuneration

88 634

69 827

158 461

Goods and services

10 600

6 200

16 800

Projects (external funds)

30 394

24 260

54 654

Total

129 628

100 287

229 915

22.The Office’s activities include the following:

(a)“Citizens’ rights in your municipality” knowledge competition, involving some 1,700 ninth-grade and upper secondary students in 25 municipalities across the country. This contest was conducted in coordination with the Guillermo Manuel Ungo Foundation, the Ministry of Education and the Corporation of Municipalities of the Republic of El Salvador;

(b)Institutional strengthening of the Office of the Procurator for the Defence of Human Rights in the Human Rights Academy for the promotion and dissemination (training and awareness-raising) of the human rights of children and adolescents. In this context, the “IIIrd course: human rights and education” was conducted for teachers at various levels of the educational system;

(c)The Juvenile Human Rights Dissemination Units, forming part of the institutional structure of the Office of the Procurator for the Defence of Human Rights, carried out the projects “Construction of the platform for children and young people” and “UNFPA support for the campaign of the Procurator’s Office for accession to the Ibero-American Convention on Young People’s Rights by the State of El Salvador in the context of the XVIIIth Ibero-American Summit”;

(d)Presentation of the “Statement by the Procurator for the Defence of Human Rights with regard to the adoption of the Act for the Comprehensive Protection of Children and Young Persons”; “Position of the Procurator regarding the further investigation into the death of Katya Natalia Miranda Jiménez”; and “Statement by the Procurator for the Defence of Human Rights on the occasion of World Day against Child Labour”.

23.In accordance with the constitutional and legal mandate established both in article 194 (I) of the Constitution of the Republic and the Office of the Procurator for the Defence of Human Rights Act, the Salvadoran Ombudsman has very broad powers to deal with violations of and threats to fundamental rights. In this connection, the Ombudsman is authorized both to receive complaints and to monitor policies concerning children.

24.Although the legal provisions applicable to the Procurator’s Office do not explicitly authorize children to submit complaints, article 24 of the Office of the Procurator for the Defence of Human Rights Act states that anyone may submit complaints for alleged violations of human rights. This is consistent with article 12 of the Convention. Accordingly, children are assisted by officials of the Procurator’s Office and their complaints are processed.

8.Please describe to the Committee the achievements of the “Welcome Home” (Bienvenido a casa) programme for children who are returning to El Salvador.

25.Originally, the “Welcome Home” programme was specifically geared to adults returning from the United States of America. However, it proved that children were also being returned, and as a result measures such as the following have been taken:

(a)Agreements have been signed with the United States providing that unaccompanied children and adolescents should not be returned under the Justice Prisoner and Alien Transportation System (JPATS) programme but by commercial flights;

(b)The return of unaccompanied children and adolescents is notified in advance, which facilitates inter-institutional coordination between the “Welcome Home” programme and the National Institute for the Comprehensive Development of Children and Adolescents (ISNA) to ensure that they are appropriately received and attended to;

(c)The programme has been expanded to cover the reception of unaccompanied children and adolescents not only from the United States but also from other countries including Mexico and Belize.

26.Other measures taken to protect unaccompanied children and adolescents returned to El Salvador are detailed below:

(a)The “Welcome Home” programme is currently being redesigned to extend coverage to people returned by land. All phases of the programme such as reception, integration into the labour market and awareness campaigns will be strengthened;

(b)At the XIVth Regional Conference on Migration, in July 2009, regional guidelines on dealing with unaccompanied migrant children and adolescents in the event of repatriation were approved, with a view to “promoting regional cooperation on protection and repatriation between countries members of the Regional Conference on Migration and serving as a guide, from the time when the persons concerned are detected until they are repatriated, subject to safeguarding of their rights and higher interests”;

(c)A memorandum of understanding for the dignified, secure and orderly repatriation of Central American nationals by land was signed between the United Mexican States and the Republics of El Salvador, Guatemala, Honduras and Nicaragua and was extended until the end of 2012 at the XIVth Regional Conference on Migration in July 2009. The relevant operating procedures were approved on the same occasion. The aim of the two documents is to facilitate the orderly, prompt and secure return of migrants, including children and adolescents held by the Mexican authorities;

(d)A Migrant Care Centre was set up at the La Hachadura border in July 2005 in order to furnish social and humanitarian assistance and human rights protection to vulnerable Salvadorans returning to the country. The Centre provides children and adolescents with temporary accommodation pending their transfer to ISNA staff, as well as food, upkeep and health care.

9.Please clarify the objectives and scope of prevention, rehabilitation and reintegration programmes/projects for gang members.

27.The National Council of Public Security is implementing the rehabilitation and social integration programme designed for former male gang members.

28.The aims of the programme include providing a rehabilitation option for former gang members who opt to exchange a life of violence for integration as a useful and qualified member of the community and society, as well as imparting work discipline.

29.In addition, efforts are being made to devise a model rehabilitation programme which can be reproduced in any municipality of El Salvador through cooperation among the Government, independent institutions, municipal administrations and private enterprise to prevent violence.

30.The care programme implemented by the Ministry of Justice and Public Security is characterized by an educational and psychosocial structure and geared to young people in conflict with the criminal law who are deprived of their liberty. It seeks to respond to the legal requirement to take measures to instruct such individuals with a view to providing them with a basis for becoming contributing and respectful members of society who exercise rights responsibly.

31.To that end, “giving education and employment training to adolescents or young people deprived of their liberty in intermediate centres in El Salvador, through psychosocial activities designed to meet their basic needs for the duration of their detention, so as to contribute to their productive reintegration in society” is identified as the programme’s central objective.

32.This programme is designed on the basis that areas of work with the young people in conflict with the criminal law should meet not only legal but also professional and ethical requirements, with a view to empowering all of them with skills. It also draws on input from inter-institutional support networks for social reintegration and seeks to build a cultural identity among inmates, so as to foster a change of attitude which will give them a real possibility of exercising citizens’ rights and duties.

33.The programme aims, inter alia, to help the beneficiary population to construct and exercise the status of citizens in social and legal terms and prepares them for acquiring options and opportunities of social integration, in which respect by the young people for themselves and for their family and community, while exercising rights, will be their guiding principle in life. However, this can be achieved only in the framework of a progressive system of privileges which enables them to obtain their freedom and integrate into society with social skills permitting them to found a family, to be employed in the formal or informal labour sector and to enjoy the guarantees afforded to all citizens by the Constitution of the Republic.

34.Lastly, the programme provides for measures to encourage sustainability by promoting the commitment and involvement of adolescents and young persons detained in intermediate centres, combined with complementary action by the staff of these institutions to demonstrate marked empathy with the inmates but on the basis of defined institutional intervention, as well as their own monitoring and evaluation mechanisms and the appropriate follow-up indicators and instruments.

35.ISNA also conducts programmes for the rehabilitation and reintegration of gang members in the Social Reintegration Centres. Such programmes seek to ensure that the young people concerned are successful in reintegrating socially and are given support in regard to conduct, education, health, sports, etc.

36.The ISNA care programmes are as follows:

C. (1) Education

37.Under an agreement with the Ministry of Education the Institutional Education Boards operate within the ISNA Reintegration Centres.

38.The following modes of education are provided:

(a)Distance learning;

(b)Accelerated learning;

(c)Presence learning.

39.All these modes of education have their own teaching staff, whether personnel of the Ministry of Education, ISNA or the Edúcame programme. Classes are provided from first grade to upper secondary level, and a leaving certificate is provided on completion of studies, legally authorized by the Ministry of Education.

C.(2) Vocational training

40.The following vocational training workshops are provided:

Workshop

Tonacatepeque Social Reintegration Centre

El Espino Social Reintegration Centre

Ilobasco Social Reintegration Centre

Women ’ s Social Reintegration Centre

Carpentry

X

X

Baking

X

X

X

X

Metal structures

X

X

Tailoring

X

X

X

Ceramics

X

Agriculture

X

X

Computing

X

Painting

X

C. (3) Spiritual assistance

41.Both Catholic and Evangelical Churches assist by providing spiritual guidance, biblical studies, retreats and baptisms. All this helps the young people concerned to improve their conduct and education in the faith.

C. (4) Sports

42.Sports events are held in the Social Rehabilitation Centres.

C. (5) Health

43.Young people have access to the tatoo removal clinic, a service provided by Pro-Jóvenes.

C.(6) Psychologicial care

44.Psychological care is given on an individual or group basis according to the needs of the young person concerned. Personal self-help talks, individual therapy and personal motivation talks are provided.

C.(7) Social work

45.This includes visits, monitoring or links with the family, psychosocial studies, document management and administration of specialized medical care.

C. (8) Legal assistance

46.Guidance is provided on rights and duties and legal proceedings, as well as individual attention.

10.Please give more information on the human rights and juvenile justice training provided for police officers and juvenile detention centre officials (where children’s rights violations have been reported). Please also supply information on the measures taken to investigate and punish police officers involved with criminal gangs and to make sure that they do not act with impunity.

47.With regard to training on human rights, the Committee is informed of the following:

(a)In January 2009, the Human Rights Academy of the Office of the Procurator for the Defence of Human Rights gave a course on “Human rights and the doctrine of comprehensive protection” at the National Public Security Academy. This training was provided for police officers as part of the course “Instruction in the rights of children and adolescents” organized by the Juvenile and Family Services Division of the National Civil Police;

(b)Module IX of the training programme in human rights and juvenile criminal justice for staff of the Juvenile Referral Unit of the Supreme Court of Justice;

(c)Inside the ISNA detention centres, training has been provided for counsellors, instructors, technical staff (social workers, psychologists and legal personnel) and administrative and security staff, focusing on such subjects as juvenile criminal law, the guardianship model and the protection model.

48.As regards the measures taken to investigate, punish and deny impunity to police officers involved with criminal gangs, the Office of the Public Prosecutor of the Republic set up a special unit in the San Salvador Prosecutor’s Office concerned exclusively with the investigation of crimes committed by police officers and working directly with the Internal Affairs Unit of the National Civil Police. Moreover, each national prosecutor’s office investigates cases brought against policemen involved in criminal activities. If the investigation proves complex, it is turned over to the specialized units of the Office of the Public Prosecutor of the Republic.

49.In addition, the legal mandate of the General Inspectorate of the National Civil Police makes it the State institution responsible for overseeing and controlling the activities of the police operational and management services, including matters relating to respect for human rights, and for ensuring that human rights are observed and guaranteed in any police procedure or service.

50.Under its terms of reference, it is responsible for conducting investigations into offences committed by police personnel that affect the rights of children and adolescents, with a view to disciplining the police involved.

11.Please describe to the Committee how the National Commission for Culture and Art (CONCULTURA) promotes the identity and rights of indigenous peoples.

51.In order to encourage children, young people and adults to learn Nahuat, the project “Support for the teaching and learning of the Nahuat language in Santo Domingo de Guzmán” was implemented with financial support from the United Nations Educational, Scientific and Cultural Organization (UNESCO).

52.Teaching materials were prepared and published to assist this process: 1,000 primers entitled “Ne Nahuat Yúltuk” (Living Nahuat), 100 copies of a “methodological guide” and 5 illustrated flipcharts.

53.The Indigenous Affairs Unit participated in the “Strengthening of the programme for revitalizing the Nahuat-Pipil language” project, in conjunction with the Don Bosco University and the Ministry of Education. The project covers 11 State schools in the areas of Pipil settlement, and textbooks Amatzin and Amachti 1 and 2, a teacher’s guide and a pupil’s workbook, have been published for use in the schools concerned.

54.In order to promote indigenous identity, an annual Festival of Ancestral Náhuatl-Pipil Culture is held in Nahuizalco with the aim of enhancing knowledge of cultural roots, dress, language and other ethnic features. The indigenous communities play an active role in this event, performing a ritual ceremony in memory of their forebears who fought for the ancestral conservation of indigenist culture.

12.Please provide the Committee with more information on the care provided to street children and the preventive measures being taken.

55.Between 2007 and 2009, ISNA provided care to 720 street children, of whom 438 (60.83 per cent) were boys and 282 (39.17 per cent) were girls. Regarding age groups, most of the street children concerned were between 12 and 15 years old.

56.The action taken by ISNA includes socio-family guidance and support; reintegration into the home without follow-up; reintegration into the home with follow-up; family placement with follow-up; institutional placement; and institutional placement for a period of 30 days.

57.As part of its care programme for street children, ISNA has a centre where children and adolescents are provided with direct assistance in the following areas:

(a)Basic needs: clothing, food, health, psychological care, social care, family care and legal assistance;

(b)Protection: psychological care, education, health, vocational workshops, legal matters, recreation and sports;

(c)Home care: ISNA looks for families and other alternatives for street children once they have left the care centre. After discharge, there is outside follow-up to establish how the children or adolescents are faring in their family environment.

13.Please inform the Committee about the progress made and the current situation with regard to the search for children who disappeared during the internal armed conflict. Please provide information on the execution of the judgement of the Inter-American Court of Human Rights in the case of the disappearance of the Serrano Cruz sisters.

58.The so-called “Inter-institutional Commission to search for children who disappeared during the Salvadoran armed conflict” operated for four years until ceasing to exist on 31 May 2009.

59.Although the Inter-institutional Commission recorded some achievements, El Salvador recognizes that the Commission did not meet the standards required by the Inter-American Court of Human Rights in its judgement in the case of the sisters Ernestina and Erlinda Serrano Cruz, particularly in respect of the need for greater investigative resources in the search for children, guarantees of the independence of the Commission’s members, and representation of the victims in the Commission.

60.The Association for the Search for Disappeared Children, founded by the fondly remembered Father Jon Cortina S.J., petitioned the Legislative Assembly of El Salvador on a number of occasions for the enactment of a legislative decree establishing a national search commission. However, these petitions were not approved during the Assembly’s various proceedings.

61.Accordingly, El Salvador, through its new Executive, will promote the establishment by executive decree of a national search commission, respecting the standards for such a commission required by the Inter-American Court of Human Rights. The Minister for Foreign Affairs has informed the Association for the Search for Disappeared Children and the Inter-American Commission on Human Rights of this decision – the latter, at a hearing on five cases of disappeared children held in Washington, D.C. on 6 November 2009. The Ministry of Foreign Affairs has formulated a draft executive decree for the establishment of a national search commission, which is currently in the review phase and can be expected to be adopted in the reasonably near future.

62.In addition to the above decision, El Salvador, through its Minister for Foreign Affairs, has established an official dialogue with the Association for the Search for Disappeared Children, in furtherance of its obligations to comply with the judgement in the case of the Serrano Cruz sisters and with the Court’s demands in other cases of disappeared children. It should be borne in mind that the Serrano Cruz judgement, although related to a specific case, contemplates a programme of reparation for all victims of enforced disappearance in El Salvador, including the creation of the aforementioned search commission, but also a webpage and the establishment of a genetic database. In the particular case of the Serrano sisters, progress has been made in medical care and in the approval of psychosocial attention by an expert known to the Serrano Cruz family. El Salvador wishes to inform the Committee of its determination to comply with these pending obligations in good faith and to the extent of its possibilities.

63.At the previously mentioned hearing of 6 November 2009 before the Inter-American Commission on Human Rights, El Salvador radically altered its former positions regarding the problem of children who disappeared during the armed conflict. It recognized the existence of a pattern of child disappearances during that period, fully acknowledged the rights of victims to truth, justice and reparation, and promised to endeavour to discharge in good faith its international human rights obligations in this matter.

64.In connection with that hearing, the Office of the Public Prosecutor of the Republic officially informed the Ministry of Foreign Affairs of its decision to conduct a criminal investigation into five cases of disappeared children which had not been adequately dealt with in the past, namely those of Santos Ernesto Salinas, José Rochac Hernández, Emelinda Hernández, Manuel Antonio Bonilla Osorio and Ricardo Abarca Ayala.

65.These changes hold out the prospect of a historic breakthrough in the search for disappeared children and in honouring and providing redress to the victims.

14.Please provide the Committee with a brief explanation of the current legislation in the State party concerning the prohibition of corporal punishment in the home.

66.The applicable legislation is the Family Code, which does not expressly prohibit corporal punishment. Article 215 of the Code provides that the father and mother have a duty to “adequately and moderately correct” their children.

67.Various courts concerned with family matters have ruled that corporal punishment goes beyond adequate and moderate correction and, consequently, that article 215 tacitly excludes the application of such punishment.

68.The Act for the Comprehensive Protection of Children and Young Persons, approved but not yet in force, does not expressly prohibit corporal punishment either, and El Salvador therefore acknowledges its obligation in this respect.

15.Please specify for the Committee which children-related issues the State party considers to be priorities requiring the utmost attention in the implementation of the Convention.

69.Regarding priority issues requiring the utmost attention to guarantee the implementation of the Convention, El Salvador has identified the following priorities, among others:

(a)The establishment and implementation of a national system for the comprehensive protection of children and adolescents whose primary goal is to guarantee the enjoyment of all rights;

(b)The formulation, implementation and execution of the national policy for the comprehensive protection of children and adolescents, a process which should guarantee prominent participation by children and adolescents and be based on a human rights approach;

(c)The formulation, implementation and execution of a national youth policy, with the participation of young people and a human rights approach;

(d)With the aim of ensuring equality, the social integration in all policies, programmes, plans and activities of children and adolescents who have disabilities or belong to indigenous peoples or whose rights have been infringed, inter alia;

(e)The intensification of efforts to increase national budgetary investment in protecting, guaranteeing and realizing the rights of children and adolescents;

(f)Strengthening national and local institutions in order to take account of the rights of children and adolescents.

Part II

1.New bills or laws

70.The Act for the Comprehensive Protection of Children and Young Persons was adopted on 26 March 2009. Its object is to guarantee the full exercise and enjoyment of the rights of Salvadoran children and adolescents.

2.New institutions and plans

71.New institutions conducting activities in favour of children and adolescents include the following:

(a)Secretariat for Social Integration

72.On 1 June 2009, the National Secretariat for the Family and the Secretariat for Youth were abolished and replaced by a new Secretariat for Social Integration (SIS).

73.SIS is responsible for creating conditions for the development and protection of the family and the elimination of various forms of discrimination, while promoting social integration and the development of the civic action capacity of women, children, young people, adults, persons with disabilities and indigenous peoples.

74.SIS has a Directorate for Children and Adolescents and a Directorate for Youth, which work in coordination with each other.

75.The powers of SIS include the following:

(a)Providing a human rights approach in the formulation of public policy, with a view to eradicating discrimination and all forms of intolerance affecting persons and social groups and, where necessary, encouraging the implementation of affirmative action measures;

(b)Cooperating with the President of the Republic in his task of complying and ensuring compliance with treaties, laws and other legal provisions falling within his sphere of competence;

(c)Proposing to the President of the Republic the signature and ratification of, or accession to, international treaties or agreements contributing to social integration and to development of the civic action capacity of socially excluded groups;

(d)Advising the President of the Republic on all matters relating to the elimination of discrimination, social integration and civic action and suggesting that he should exercise his initiative to propose laws or issue regulations, decrees or agreements that contribute to the performance of his functions.

(b)Secretariat for Culture

76.Under Executive Decree No. 8, the Government of El Salvador established the Secretariat for Culture to replace the National Council for Culture and the Arts (CONCULTURA) with the aim of promoting a cultural change generating social processes directed towards a culture of creativity and knowledge that contribute to a society characterized by opportunity, equality and non-violence. In this connection, top priority is given to activities aimed, inter alia, at restoring historical memory, facilitating access to knowledge and cultural information and encouraging human values, particularly efforts geared to children and young people.

77.The Secretariat for Culture will implement the “Child Singers of El Salvador” project for the 8–14-year age group in order to promote the artistic and cultural development of children and young people and to create the conditions for democratizing the arts.

78.Efforts are also under way to establish juvenile expression facilities which will attract the attention and participation of Salvadoran children, adolescents and youths through musical and other events.

79.Among new plans, mention may be made of the following

(a)Strategic plan of the National Committee against Trafficking in Persons, 2008 – 2012. Activities under the Plan are based on a strategy of coordinated effort covering various areas of activity aimed at eradicating trafficking in persons. The Plan envisages six strategic areas for action:

(i)Prevention of trafficking in persons;

(ii)Action against trafficking in persons;

(iii)Care for victims and comprehensive protection for victims and survivors;

(iv)Legal framework;

(v)Institutional structure;

(vi)Communication and awareness-raising.

(b)The “ Building Hope ” Plan promoted by the Ministry of Public Health and Social Welfare, whose aim is to guarantee the right to health for the entire Salvadoran population, particularly children, through a national health scheme that durably strengthens the public health sector and effectively regulates the private health sector, access to health promotion, care and rehabilitation and preventive care, and a healthy and secure environment including the establishment of a system of efficient and effective health care with equitable access to quality services.

3.Recently introduced policies

80.The Ministry of Education of El Salvador is working on the formulation and implementation of the following policies:

(a)Free education up to the eleventh grade;

(b)School meals up to the level of the third cycle, both in rural areas and in urban solidarity communities;

(c)Initial education as part of the national educational system;

(d)Expansion of preschool education coverage;

(e)Flexible education methods;

(f)Supply of uniforms and shoes to 100 per cent of State school students up to the ninth grade.

4.Recent programmes and projects and their scope

81.Recent programmes and projects include the following:

(a)Programme of urban and rural solidarity communities

82.This is a programme of the new El Salvador Government entailing a change in the conception of social policy. It is implemented as a programme of assistance to poor families living in the poorest 100 municipalities of the country.

(b)Health and rights promotion project

83.In 2007, the Ministry of Public Health and Social Welfare held five seminars with 285 adolescents and health staff and three intersectoral forums to publicize adolescents’ rights. The health personnel entered into commitments for ensuring the realization of rights and the adolescents reflected on joint working procedures.

84.In 2008, as part of Youth Year and as the host institution for the Ibero-American Summit on Youth, the Ministry held four forums prior to the Xth Health Ministers Convention, with the participation of 250 adolescents from various parts of the country, all of them juvenile promoters trained by health institutions. At these forums, the adolescents had an opportunity to express their concerns and opinions regarding the observance of their rights, in response to one of the principles of the National Programme for Comprehensive Adolescent Health Care concerning development of active participation by adolescents and pursuant to the country commitments enshrined in the Convention on the Rights of the Child.

(c)Campaigns against HIV/AIDS in El Salvador

85.The following campaigns against HIV/AIDS have been conducted:

(a)“Take the HIV test; positive or negative, we are all humans in relation to AIDS”. This campaign was carried out for the first time in El Salvador in June 2007 and has since been repeated in June every year;

(b)“Protect yourself from HIV, fewer partnerships, less risk. Be faithful.” This campaign was launched in September 2008;

(c)“Campaign against discrimination; HIV does not discriminate.” Launched in May 2009.

(d)Comprehensive community care project

86.This is a community project that promotes health and nutrition by monitoring the weight gain of pregnant women and children under the age of 2. It encourages promotion and development through community participation and is carried out by volunteers, generally fathers or mothers. In addition to monitoring growth, and mother and child health, the project provides nutrition education through nutrition counselling by volunteer community advisers under the coordination and supervision of health promoters and institutional nursing personnel. Between 2007 and 2009, the project covered 26,158 children.

(e)Baby-friendly Hospital Initiative

87.The Baby-friendly Hospital Initiative (BFHI) is based on the Innocenti Declaration on the Protection, Promotion and Support of Breastfeeding. The aim is to reverse hospital practices interfering with the successful start of breastfeeding from birth and maintain exclusive breastfeeding until the sixth month of life.

88.Of the 28 national maternity hospitals currently in existence, 5 have been reaccredited, and a further 2 have been accredited. The remainder were accredited in 1992 and are working towards reaccreditation as child- and mother-friendly hospitals.

(f)Mother- and Child-friendly Health Units (USANYM) project

89.Although this initiative was made official in 2004, only in 2007 did the process of accrediting health units as child- and mother-friendly begin.

90.In 2009, there was a total 23,355 consultations on breastfeeding and supplementary feeding, reinforcing nutrition education among mothers in order to guarantee exclusive and prolonged breastfeeding of the child up to the age of 2, accompanied by satisfactory food supplements.

(g)Food security projects

91.These projects include:

(a)Food supplements for children under the age of 5, pregnant women and breastfeeding women in 14 particularly poor and vulnerable municipalities;

(b)Monitoring of fortified foods;

(c)Nutritional care for children under the age of 5 and pregnant mothers in municipalities that are especially vulnerable in nutrition terms.

(h)Ministry of Education projects

92.The Ministry of Education is implementing a number of projects, including:

(a)Academic improvement in English;

(b)Enhancement of educational infrastructure;

(c)Improvement of education technology;

(d)Equipping and operating 600 computer rooms;

(e)Improvement in mathematics and language;

(f)Diversification of technical secondary education;

(g)School protection plans for the development of environmental education and risk management;

(h)Educational programmes in solidarity communities in extreme rural and urban poverty;

(i)Education with community participation;

(j)Comprehensive prevention strategy in schools situated in areas of high social risk;

(k)Organization of the inter-institutional network for the prevention of sexual harassment and abuse in the educational system, with the participation of non-governmental organizations and international organizations.

(i)Projects for the creation of new cultural development facilities under the aegis of the Secretariat for Culture

93.The Secretariat for Culture has the following projects:

(a)Increase in the number of Houses of Culture to 186;

(b)Programme to promote the reading habit;

(c)Awareness-raising seminars on human values and the environment;

(d)Cultural contests in various branches of the arts;

(e)Summer courses;

(f)Youth Symphony Orchestra;

(g)Schools of classical, modern and traditional dance;

(h)A National Arts Centre, 60 per cent of whose students of theatre, music and the plastic and visual arts are between 4 and 18 years of age;

(i)Improvement of cultural facilities, including:

(i)Three recreation parks;

(ii)A National Zoo;

(iii)Seven museums;

(iv)Six archaeological parks.

(j)Ternura programme

94.The Ternura programme was implemented by the now extinct National Secretariat for the Family in coordination with various governmental and non-governmental bodies. Its aim was to contribute to human security in El Salvador and to serve as a vehicle for efforts to improve the living conditions of the Salvadoran family, especially children, in the context of protection of their rights. Specific goals included promotion of the psychosocial development of children and adolescents with healthy lifestyles through comprehensive family care and prevention and eradication of sexual abuse against children and promotion of child care in the family and the community, with priority being given to stimulation of development, breastfeeding, prevention of burns, prevention of traffic-accident deaths, prevention of the use of addictive substances, and prevention of HIV/AIDS.

(k)Child labour prevention programmes

95.The Ministry of Agriculture and Livestock has carried out various activities to prevent child labour. In 2007, within its sphere of competence, it provided training on the worst forms of child labour to students, teachers and parents at the National School of Agriculture, as well as giving talks to increase awareness of this phenomenon among technicians and members of irrigation associations. It has also provided training on crop technologies to children at the El Sunza cooperatives, the implementation of productive mollusc projects and alternative projects.

96.During 2008 and in 2009 to date, the Ministry gave training to adults, young people and children in productive farming projects not rated as high-risk in order to contribute to the eradication or reduction of child labour, as well as awareness-raising talks to technicians and members of irrigation associations designed to reduce the worst forms of child labour. Instruction was also given to mothers and fathers regarding this offence. In addition, technical assistance is provided in the cultivation and use of various species of bamboo in the food and handicrafts sectors. Moreover, projects have been conducted for Anadara spp and oyster farming in the Pacific with fishermen and model fishermen communities.

Part III

1.Please provide disaggregated data (by gender, age, indigenous peoples, groups of persons with disabilities, and urban and rural areas) covering the years 2007, 2008 and 2009 on the number of children under 18 living in the State party and the percentage of the population that they represent.

97.According to data from the General Directorate for Statistics and Censuses (DIGESTYC) and the VIth population census and the Vth housing census of 2007, El Salvador has a population of 5,744,113 persons, 2,321,631 of whom, or 40.4 per cent, are aged 17 or less.

Persons with disabilities under the age of 18, by gender, area and age group

Area and age group

Gender

Total

Men

Women

Total

31 263

17 494

13 769

0–4

9 152

4 811

4 341

5–9

7 268

4 148

3 120

10–14

9 288

5 311

3 977

15–17

5 555

3 224

2 331

Urban

16 321

9 108

7 213

0–4

4 289

2 292

1 997

5–9

3 879

2 217

1 662

10–14

5 116

2 889

2 227

15–17

3 037

1 710

1 327

Rural

14 942

8 386

6 556

0–4

4 863

2 519

2 344

5–9

3 389

1 931

1 458

10–14

4 172

2 422

1 750

15–17

2 518

1 514

1 004

Source : DIGESTYC, 2007 Census.

Population under the age of 18 with disabilities, by area and gender and in percentages

Area and gender

Children and adolescents in El Salvador

With disabilities

Without disabilities

Total

Percentage

Total

31 263

2 290 368

2 321 631

1.35

Boys

17 494

1 162 109

1 179 603

1.48

Girls

13 769

1 128 259

1 142 028

1.21

Urban

16 321

1 322 435

1 338 756

1.22

Boys

9 108

669 006

678 114

1.34

Girls

7 213

653 429

660 642

1.10

Rural

14 942

967 933

982 875

1.52

Boys

8 386

493 103

501 489

1.67

Girls

6 556

474 830

481 386

Source : DIGESTYC, 2007 Census.

98. El Salvador admits that it is unable to provide data on children and adolescents belonging to indigenous peoples, since the population census excluded the incorporation of statistics on indigenous peoples in general and on indigenous children and adolescents in particular. The State assumes its international responsibility for the omission, and the new Government of El Salvador pledges that, in future, it will take action to comply with the recommendations of the Committee on the Elimination of Racial Discrimination, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child.

2.In the light of article 4 of the Convention, please furnish additional disaggregated data for 2007–2009 on budget allocations for the implementation of children’s rights and on trends in this connection (in absolute figures and as percentages of the national budget), as well as on allocations provided to local authorities. Please also evaluate the priorities placed on budgetary expenditures for the following:

(a)The National Institute for the Comprehensive Development of Children and Adolescents, as the body responsible for coordinating the implementation of the Convention, and steps taken by the State party to ensure funding for CONNA

99.Budget allocations by ISNA, in absolute figures and as percentages of the national budget, are as follows:

Institution

Resources allotted (in dollars)

2007

2008

2009

National Institute for the Comprehensive Development of Children and Adolescents

12 434 750

12 985 465

13 803 370

Total general State budget

2 943 997 970

3 342 734 350

3 627 837 300

Percentage

0.42

0.39

0.38

Source : Ministry of Finance.

(b)Education (different levels of education, i.e. preschool, primary and secondary)

100.El Salvador has allotted the following budgetary resources to education:

Educational level

Resources allotted (in dollars)

2007

2008

2009

Preschool education

40 199 575

44 793 540

53 073 685

Primary education

304 961 610

340 364 065

378 354 835

Secondary education

35 099 930

41 725 825

50 465 335

Institutions subsidized by Ministry of Education

11 194 155

20 457 395

22 866 200

Total

391 455 270

447 340 825

504 760 055

Total general State budget

2 943 997 970

3 342 734 350

3 627 837 300

Percentage

13.3

13.38

13.91

Source : Ministry of Finance.

(c)Health care (different types of health services, i.e. primary health care, vaccination programmes, campaigns against HIV/AIDS, the strategy for combating malnutrition and other health-care services for children and adolescents)

101.The budgetary allocations for health care are as follows:

Institution

Resources allotted (in dollars)

2007

2008

2009

Primary care (total cost)

79 797 000

85 207 200

97 918 350

Vaccination programme

4 652 610

4 652 610

5 002 445

Campaign against HIV/AIDS

1 688 650

1 688 650

1 468 815

Benjamin Bloom National Children ’ s Hospital

18 048 960

19 695 715

21 792 090

Dr. Raúl Arg u ello Esco lan National Maternity Hospital

9 856 885

10 307 500

11 621 715

Total health care

114 044 105

121 551 675

137 803 415

Total general State budget

2 943 997 970

3 342 734 350

3 627 837 300

Percentage

3.87

3.64

3.80

Source : Ministry of Finance.

102.The Ministry of Education has conducted various campaigns against HIV/AIDS, with the following investment:

Actions

Resources allotted (in dollars)

2007

2008

2009

“ Education for Life ” programme

79 787.64

171 119.50

169 866.17

Source : Ministry of Education.

103.The Ministry of Education has also taken measures to combat malnutrition among children and adolescents in the education system, with the following investment:

Actions

Resources allotted (in dollars)

2007

2008

2009

School meals programme for children and adolescents in preschool, primary and secondary education

91 281 227.54

16 319 919.94

10 433 674.00

Source : Ministry of Education.

(d)Programmes and services for children with disabilities

104.ISNA has a Special Education Centre catering to children and adolescents with disabilities. As of 31 October 2009, 45 girls and 60 boys were enrolled in this Centre.

105.El Salvador is unable to furnish disaggregated data on the budget allocation for the Special Education Centre of ISNA, since the budget resources for protection are assigned globally.

106.Children and adolescents can also receive care at the Salvadoran Institute for the Rehabilitation of Invalids (ISRI), although El Salvador recognizes that this is not enough to meet demand from all persons with disabilities.

107.Resource allocations to ISRI are as follows:

Institution

Resources allotted (in dollars)

2007

2008

2009

Salvadoran Institute for the Rehabilitation of Invalids (ISRI)

7 152 000

7 564 010

8 094 340

Total general State budget

2 943 997 970

3 342 734 350

3 627 837 300

Percentage

0.24

0.23

0.22

Source : Ministry of Finance.

108.The Ministry of Education, for its part, has made the following investments to cater to the rights of children and adolescents with disabilities:

Programme

2007

2008

200 9

Beneficiaries

2007

2008

2009

Educational support classrooms service

$ 105 000.00

$100 000.00

$100 000.00

20 000 pupils

21 000 pupils

21 600 pupils

Meza Ayau

Induction courses for new teachers

180 teachers

180 teachers

180 teachers

Teacher training Sonsonate Department

$ 1 000 000.00

$ 1 000 000.00

$150 400.00

1 900 students

2 000 students

2 195 students

Italian cooperation agency

Grants for special programmes

$709 113.40

$413 015.00

$ 920 431.00

22 490 pupils

24 040 pupils

26 971 pupils

Government of El Salvador

220 teachers

230 teachers

249 teachers

Total

$ 1 834 513.40

$1 670 915.00

$ 1 297 832.00

(e)National and local support programmes and protection for children who need alternative care, including support for residential care institutions and foster families

109.Unfortunately, it is not possible to identify resources for such programmes through the General Budget Act. ISNA indicates that it has no budgetary allocation to support residential care institutions or foster families.

(f)Support for children and families living below the poverty line, including the impact of conditional cash transfer programmes

110.The following table shows the amounts paid in rural solidarity community vouchers, in absolute terms and percentages of the total national budget for the years 2007, 2008 and 2009.

Description

2007

2008

2009

Total budget approved, by year

2 943 997 970

3 342 734 350

3 627 837 300

Budget

6 648 050

11 116 520

14 175 482

Percentage of Fund for Social Investment in Local Development (FISDL) budget in relation to total budget

0.002

0.003

0.004

111.Cash transfers have been made conditional on compliance with certain responsibilities. In accordance with the “Solidarity Network assessment” external impact, “this transfer, or ‘voucher’, is intended to be an effective incentive to the recipients to send their children to school or take them for health check-ups. Consequently, this is a fundamental feature of the present assessment.

112.The cash transfer or voucher is an effective incentive for ensuring compliance with the conditions.

113.An analysis of the replies obtained from surveys of the beneficiaries and key informants shows, first, that the voucher is an effective incentive for securing compliance with the responsibilities of the household. One of the reasons for meeting the conditions under which the voucher is granted is that the amount of money they receive to some extent offsets the cost of sending the child to school”.

114.The Ministry of Education, for its part, has continued to carry out activities in support of the Networks, one of which is the transfer of the school budget for the operation and functioning of the associated educational centres as additional funding.

115.Annual investment in the implementation of projects to improve daily attendance by pupils, encourage them to remain in school and enhance their academic performance was as follows:

Educational centres

Resources allocated (in dollars)

2007

200 8

2009

Care for pupils from preschool to upper secondary level (total cost)

27 874 028. 27

31 107 008 . 00

Data not yet processed

No. of educational centres

303

770

771

Source : Ministry of Education.

(g)Programmes and activities for preventing child abuse, trafficking in children, sexual exploitation,the use of children in pornography and child labour, and for protecting children from such abuses

116.Although it has carried out programmes and activities for preventing child abuse, trafficking in children and sexual exploitation, El Salvador is unable to provide data on the investment made, with the parameters and on the terms required by the Committee, because the amounts are allocated globally by institution.

(h)The prevention of juvenile delinquency, rehabilitation, reintegration and social integration

117.The amount of the budget line “Social prevention of violence and juvenile delinquency” of the Office of the President of Republic has been as follows:

Description

Source of financing

2007

2008

2009

Total budget approved by year

General fund

2 943 997 970

3 342 734 350

3 627 837 300

Social prevention of violence and juvenile delinquency (I)

General fund

714 845

714 845

732 780

Social prevention of violence and juvenile delinquency (II)

Donation

2 500 000

225 545

312 075

Total

3 214 845

940 390

1 044 855

Percentage of budget for violence and juvenile delinquency prevention in relation to total budget

0 . 11

0 . 03

0 . 03

Source : ISNA.

3.With reference to ill-treatment of and violence against children, please provide disaggregated data (by age, gender, minority and indigenous groups, and types of violations reported) covering the years 2007, 2008 and 2009, on the following:

118.To date, as El Salvador recognizes, data have unfortunately not been collected on the basis of criteria that would enable victim data to be disaggregated by minority and indigenous groups. Efforts will be made to remedy the situation in the future.

(a)Number of reported cases of ill-treatment of and violence against children

119.Data on the number of reported cases of ill-treatment and violence are given separately, depending on whether they have been dealt with by the judiciary or by ISNA.

120.According to the judiciary, the following complaints were processed in 2007, 2008 and 2009:

Complaints by age group (2007–Sept. 2009)

Category

0 to < 3 years

3 to < 6 years

6 to < 9 years

10 to < 15 years

15 to < 18 years

Total

Fundamental rights of children and adolescents

71

57

86

138

87

439

Protection of children and adolescents

334

267

349

529

287

1 766

Domestic violence

428

11

22

58

125

664

Total

883

335

457

725

449

2 849

Complaints by gender (2007–Sept. 2009)

Category

2007

2008

2009 (up to September)

Female

Male

Total

Female

Male

Total

Female

Male

Total

Fundamental rights of children and adolescents

63

45

108

134

118

252

45

34

79

Protection of children and adolescents

440

349

789

334

233

567

208

202

410

Domestic violence

243

41

284

189

42

231

105

24

129

Total

746

435

1 181

657

393

1 050

358

260

618

Complaints by region

(2007 – Sept . 2009)

Category

2007

2008

2009

Foreign

Unrecorded

Rural

Urban

Total

Foreign

Unrecorded

Rural

Urban

Total

Foreign

Unrecorded

Rural

Urban

Total

Fundamental rights of children and adolescents

0

10

12

86

108

0

17

8

227

252

0

9

1

69

79

Protection of children and adolescents

0

111

261

417

789

1

77

139

350

567

1

46

127

236

410

Domestic violence

0

40

28

216

284

0

12

28

191

231

0

7

16

106

129

Total

0

161

301

719

1 181

1

106

175

768

1 050

1

62

144

411

618

121.Data collected by ISNA for the period from 2007 to September 2009 are as follows:

Child and adolescent victi ms of sexual abuse in ISNA care

2007, 2008 and Jan.–Sept. 2009

2007

2008

Jan.–Sept. 2009

Age groups

Female

Male

Total

Female

Male

Total

Female

Male

Total

0 to < 3 years

3

1

4

5

1

6

3

1

4

3 to < 6 years

27

9

36

19

14

33

10

7

17

6 to < 9 years

27

11

38

40

11

51

29

11

40

9 to < 12 years

63

8

71

56

11

67

45

7

52

12 to < 15 years

145

5

150

142

9

151

83

5

88

15 to < 18 years

67

0

67

69

2

71

46

2

48

18 years and above

0

0

0

3

0

3

1

0

1

Total

332

34

366

334

48

382

217

33

250

Source : Child Information System (SIPI), ISNA, El Salvador, October 2009.

Child and adolescent victims of ill-treatment in ISNA care

2007, 2008 and Jan.–Sept. 2009

2007

2008

Jan.–Sept. 2009

Age groups

Female

Male

Total

Female

Male

Total

Female

Male

Total

0 to < 3 years

23

29

52

21

24

45

8

16

24

3 to < 6 years

36

38

74

33

35

68

15

22

37

6 to < 9 years

57

59

116

52

57

109

18

30

48

9 to < 12 years

67

62

129

55

52

107

22

21

43

12 to < 15 years

61

36

97

66

37

103

45

29

74

15 to < 18 years

41

9

50

31

10

41

20

3

23

18 years and above

0

1

1

3

1

4

1

0

1

Total

285

234

519

261

216

477

129

121

250

Source : Child Information System (SIPI), ISNA, El Salvador, October 2009.

Population entering or re-en tering ISNA protection and care

2007, 2008 and Jan.–Sept. 2009

2007

2008

Jan.–Sept. 2009

Period

Children and adolescents

%

Children and adolescents

%

Children and adolescents

%

Neglect

848

17.3

762

18.1

426

10.1

Illegal exit from the country

1 058

21.6

645

15.3

504

12.0

Behavioural problems

630

12.8

600

14.2

380

9.0

Ill-treatment of children

526

10.7

483

11.5

250

5.9

Sexual abuse of children

370

7.5

387

9.2

250

5.9

Personal care and protection

357

7.3

330

7.8

347

8.2

Street children and vagrants

318

6.5

281

6.7

249

5.9

Abandonment

247

5.0

242

5.7

149

3.5

Problems of family and child

180

3.7

179

4.2

136

3.2

Illegal entry into the country

168

3.4

73

1.7

46

1.1

Begging and economic exploitation

60

1.2

66

1.6

44

1.0

Commercial sexual exploitation

79

1.6

59

1.4

41

1.0

Orphaned

13

0.3

30

0.7

12

0.3

Misconduct

29

0.6

29

0.7

22

0.5

Illegal smuggling and trafficking

9

0.2

26

0.6

8

0.2

Provisional protection on referral by legal entity

0

0.0

11

0.3

14

0.3

Comprehensive protection

2

0.0

10

0.2

2

0.0

Other

5

0.1

2

0.0

0

0.0

Formal education and apprenticeship

4

0.1

0

0.0

2

0.0

Child abduction

0

0.0

0

0.0

4

0.1

Total

4 903

100.0

4 215

100.0

2 882

68.4

Average

245

-

211

-

144

-

Average monthly variation (%)

-16.3

-46.0

Source : Child Information System (SIPI), ISNA, El Salvador, October 2009.

(b)Number and percentage of reported cases which have resulted in a court decision or other types of follow-up

122.According to information from the judiciary, complaints break down as follows:

Complaints by age group

(2007 – Sept . 2009)

Category

0 to < 3 years

3 to < 6 years

6 to < 10 years

10 to < 15 years

15 to < 18 years

Total

Fundamental rights of children and adolescents

29

11

8

46

39

113

Protection of children and adolescents

192

145

163

282

137

919

Total

221

156

171

328

176

1 052

Complaints by gender

(2007 – Sept . 2009)

2007

2008

2009 (up to Sept.)

Category

Female

Male

Total

Female

Male

Total

Female

Male

Total

Fundamental rights of children and adolescents

16

11

27

58

36

94

7

5

12

Protection of children and adolescents

258

182

440

147

105

252

117

110

227

Total

274

193

467

205

141

346

124

115

239

Complaints by region

(2007 – Sept . 2009)

2007

2008

2009

Category

Unrecorded

Rural

Urban

Total

Unrecorded

Rural

Urban

Total

Unrecorded

Rural

Urban

Total

Fundamental rights of children and adolescents

1

3

23

27

1

34

59

94

0

5

7

12

Protection of children and adolescents

46

153

241

414

46

80

126

251

8

73

146

227

Total

47

156

264

441

47

114

185

345

8

78

153

239

(c)Number and proportion of child victims who have received counselling and recovery support services

123.The judiciary has provided the following data on child victims who have received counselling and recovery support services:

C ounselling and support, by gender

(2007 – Sept . 2009)

2007

2008

2009 (up to Sept.)

Category

Female

Male

Total

Female

Male

Total

Female

Male

Total

Fundamental rights of children and adolescents

12

10

22

2

5

7

3

1

4

Protection of children and adolescents

19

13

32

23

14

37

0

1

1

Domestic violence

33

39

72

39

46

85

50

58

108

Total

64

62

126

64

65

129

53

60

113

C ounselling and support, by region

(2007 – Sept . 2009)

2007

2008

2009

Category

Unrecorded

Rural

Urban

Total

Unrecorded

Rural

Urban

Total

Unrecorded

Rural

Urban

Total

Fundamental rights of children and adolescents

1

0

21

22

1

0

6

7

0

0

4

4

Protection of children and adolescents

5

6

21

32

3

3

31

37

0

0

1

1

Domestic violence

0

1

71

72

5

5

75

85

1

10

97

108

Total

6

7

113

126

9

8

112

129

1

10

102

113

4.With regard to education, please provide disaggregated data (by gender, age, minority and indigenous groups, and urban and rural areas) covering the years 2007, 2008 and 2009 on the following issues:

(a)The enrolment and completion rates, in percentages, of the student body in pre-primary, primary and secondary schools and in vocational training centres

124.Below are figures for 2007 and 2008 from the census on initial and final enrolment at the preschool, primary and secondary levels, disaggregated by gender.

125.El Salvador is not currently in a position to provide data disaggregated by minority and indigenous groups.

Indicators by educational level, by gender and in percentages

(2007 and 200 8 )

Preschool

Primary

Secondary

Year

Indicators

Gender

P4

P5

P6

1

2

3

4

5

6

7

8

9

1B

2B

3B

2007

Gross enrolment rate (%)

M

57.1

116 . 1

63 . 7

F

58.7

113 . 3

64 . 9

Net enrolment rate (%)

M

47.9

94 . 3

53 . 7

F

49.8

95 . 7

55 . 2

Dropouts (%)

M

8 . 6

5 . 4

5 . 2

5 . 2

5 . 0

5 . 2

8 . 2

6 . 9

5 . 3

16 . 6

8 . 3

9 . 1

F

6 . 8

4 . 1

3 . 9

4 . 1

4 . 2

4 . 3

6 . 6

5 . 7

4 . 8

14 . 2

8 . 2

9 . 0

Repeating students (%)

M

16 . 3

7 . 7

6 . 1

6 . 5

5 . 5

5 . 1

8 . 7

6 . 1

2 . 9

8 . 8

3 . 8

1 . 0

F

12 . 9

5 . 7

4 . 3

4 . 2

3 . 5

3 . 1

5 . 1

3 . 5

1 . 6

5 . 5

2 . 1

0 . 5

Student-teacher ratio

Both

23

29

23

2008

Gross enrolment rate (%)

M

58 . 2

117 . 0

63 . 2

F

60 . 0

113 . 9

64 . 1

Net enrolment rate (%)

M

49 . 3

94 . 6

54 . 3

F

51 . 4

96 . 0

55 . 9

Dropouts (%)

M

8 . 5

5 . 2

5 . 1

4 . 9

5 . 2

4 . 8

8 . 2

6 . 5

4 . 9

12 . 7

4 . 3

0 . 0

F

6 . 5

3 . 7

3 . 8

3 . 9

4 . 0

4 . 0

6 . 1

5 . 6

3 . 8

10 . 7

5 . 3

1 . 8

Repeating students (%)

M

14 . 5

7 . 0

5 . 4

5 . 4

4 . 8

4 . 5

7 . 7

5 . 6

2 . 6

8 . 8

3 . 7

1 . 0

F

11 . 4

4 . 9

3 . 6

3 . 7

3 . 1

2 . 7

4 . 5

3 . 2

1 . 5

5 . 1

2 . 0

0 . 6

Student-teacher ratio

Both

22

29

25

Source : Ministry of Education, census on initial and final enrolment for each year.

Enrolment by educational level, by gender and area

(2007 and 200 8 )

2007

2008

Gender

Total

Area

Gender

Total

Area

Educational level

Male

Female

Urban

Rural

Male

Female

Urban

Rural

Preschool

115 484

114 055

229 539

122 137

107 402

112 688

111 281

223 969

118 083

105 886

Primary

692 169

653 644

1 345 813

651 501

694 312

688 931

648 645

1 337 576

645 658

691 918

Secondary

91 874

99 512

191 386

170 476

20 910

89 713

96 137

185 850

165 224

20 626

Total

899 527

867 211

1 766 738

944 114

822 624

891 332

856 063

1 747 395

928 965

818 430

Source : Ministry of Education.

(b)Literacy rates for persons under 18 years of age

126.According to the multi-purpose household survey, the literacy rate for persons under 18 years of age was 96.6 per cent in 2007 and 96.8 per cent in 2008. Ongoing training for the young and adult population is a strategic aim of the present Government of El Salvador, as reflected in its socio-educational plan to guarantee access by the population to basic and supplementary training fostering improvement in its quality of life and its active participation in the development of Salvadoran society.

(c)Percentages of children who drop out and who repeat academic years

127.The percentages of dropping out and repeating are given in the table under subparagraph (a) above.

128.As indicated, the highest drop-out rate in primary education was in the first grade (8.6 per cent of boys and 6.8 per cent of girls), while the lowest was among girls in the third grade. In secondary education, on the other hand, the highest rate was in the first upper secondary level – 16.6 per cent for boys and 14.2 per cent for girls.

129.In 2008, the highest drop-out rate in primary education was in the first grade for boys (8.2 per cent) and the lowest was 3.7 per cent in the second grade for girls. In secondary education, the highest rate was 12.7 per cent in the first upper secondary grade. For boys, the lowest rate was 0 per cent in the third upper secondary grade. For girls, the highest rate was 10.7 per cent in the first upper secondary grade and the lowest was 1.8 per cent in the third upper secondary grade.

130.As regards repeating, the highest rates in 2007 were in the first grade (16.3 per cent for boys and 12.9 per cent for girls). Although the repeat rate declined in 2008, it continued to be highest in the first grade and among boys.

(d)Student-teacher ratio

131.The student-teacher ratio in preschool education declined from 23 in 2007 to 22 in 2008. In primary education, the rate held steady at 29, while in secondary education it rose from 23 in 2007 to 25 in 2008.

5.With reference to special protection measures, please provide statistics (disaggregated by gender, age, minority and indigenous groups, and urban and rural areas) covering the years 2007, 2008 and 2009 on:

(a)The number of child murder victims, the subsequent investigations and their results

132.Below are statistical data disaggregated by gender and age, derived from the consolidated database of the Institute of Forensic Medicine, the National Civil Police and the Office of the Public Prosecutor of the Republic. El Salvador is not in a position to provide statistics disaggregated by minority and indigenous groups, and urban and rural areas.

Year

Age (years)

Male

Female

Total

2007

0–10

4

3

7

11–17

273

50

323

Total

277

53

330

2008

0–10

6

3

9

11–17

255

46

301

Total

261

49

310

0–10

7

5

12

11–17

301

66

367

2009*

Total

308

71

379

Source : Department of Statistics, C onsolidated database of Institute of Forensic Medicine, National Civil Police and Public Prosecutor’s Office.

* Figures for m urders in 2009 go up to September.

133.As to the results of investigations, El Salvador regrets that it is currently unable to provide information on the status of inquiries and their outcome. It will, however, endeavour to provide this information as soon as possible.

(b)The number of migrant children who return to El Salvador after being expelled from their intended host countries and the type of assistance given to them

The General Directorate for Migration and Aliens has furnished the following data for the years 2007, 2008 and 2009:

Repatriated Salvadoran children and adolescents Jan.–Dec. 2007

Border post

Jan.

Feb.

Mar.

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

Total

La Hachadura

59

39

140

92

83

93

62

79

53

63

74

28

865

El Salvador Airport

20

31

26

27

21

24

36

39

30

37

30

16

337

Total

79

70

166

119

104

117

98

118

83

100

104

44

1 202

Jan.–Dec. 2008

Border post

Jan.

Feb.

Mar.

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

Total

La Hachadura

45

28

24

39

55

65

90

40

28

32

26

36

508

El Salvador Airport

15

17

13

14

15

12

12

19

15

25

18

31

206

Total

60

45

37

53

70

77

102

59

43

57

44

67

714

Jan.–Dec. 2009

Border post

Jan.

Feb.

Mar.

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

Total

La Hachadura

14

31

30

36

35

40

41

27

254

El Salvador Airport

8

18

7

14

22

6

18

15

118

Total

22

49

37

50

57

46

59

42

0

0

0

0

454

134.El Salvador acknowledges that it is not yet possible to provide statistics disaggregated by gender, age, minority and indigenous group, and rural and urban areas.

135.The assistance currently provided to children and adolescents consists of temporary shelter, food, upkeep and health care during their stay in the shelter.

(c)The number of children affected by the migration of their parents and the type of assistance given to them

136.El Salvador does not possess, and is therefore unable to provide, the required information.

(d)The number of children working and/or living in the streets

137.According to information from ISNA, as presented in the following tables, some 836 street children and adolescents received care in 2007, 2008 and 2009.

Street ch ildren and adolescents in ISNA care By gender and age

2007

2008

2009*

Age (years)

Female

Male

Total

Female

Male

Total

Female

Male

Total

0–2

0

2

2

0

0

0

0

0

0

3–5

1

0

1

1

0

1

0

0

0

6–8

3

7

10

3

10

13

0

5

5

9–11

6

57

63

19

39

58

7

29

36

12–14

46

89

135

64

51

115

81

45

126

15–17

30

68

98

42

38

80

56

24

80

18 and above

30

9

9

1

1

2

1

1

2

Total

86

232

318

130

139

269

145

104

249

Source : Child Information System (SIPI), ISNA.

* Data for Jan.–Sept. 2009.

Street children and adolescents in ISNA care By rural and urban area

Population by area

2007

2008

2009*

Total

Urban

259

175

176

610

Rural

59

94

73

226

Total

318

269

249

836

Source : Child Information System (SIPI), ISNA.

* Data for Jan . –Sept . 2009.

138.Unfortunately, El Salvador cannot provide a breakdown of the above information by minority and indigenous groups.

139.Regarding children working in the streets, the Ministry of Employment and Social Security provides the following data for 2007 and 2008, based on the multi-purpose household survey:

Employed population by age group

Year/age group

2008

Children and adolescents

5 to 9

3.8%

7 240

10 to 14

46.3%

88 213

15 to 17

49.9%

95 072

Total

100%

190 525

Year/age group

2007

Children and adolescents

5 to 9

3.4%

5 868

10 to 14

43.7%

75 421

15 to 17

52.9%

91 299

Total

100%

172 588

Employed population by gender

Year/gender

2008

Male

136 803

Female

53 722

Total

190 525

Year/gender

2007

Male

124 080

Female

48 508

Total

172 588

Year/gender

2006

Male

143 076

Female

61 933

Total

205 009

140.Again, El Salvador acknowledges that it is unable to provide a breakdown of the above statistics by minority and indigenous groups and by urban and rural areas.