Committee on the Rights of the Child

Concluding observations on the combined sixth and seventh periodic reports of Honduras *

I.Introduction

1.The Committee considered the combined sixth and seventh periodic reports of Honduras at its 2852nd and 2853rd meetings, held on 15 and 16 January 2025, and adopted the present concluding observations at its 2876th meeting, held on 31 January 2025. In the present document, the Committee uses the term “child” to refer to a person who is under 18 years of age.

2.The Committee welcomes the submission of the combined sixth and seventh periodic reports of the State party and the written repliesto the list of issues, which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses its appreciation for the constructive dialogue held with the high-level and multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

3.The Committee welcomes the various legislative, institutional and policy measures taken by the State party to implement the Convention, including the adoption of the School Meals Act in 2016, the establishment of the Ministry of Human Rights and the National Institute for Juvenile Offenders in 2017, the adoption of the Public Policy on Inclusive Education, the National Policy and Strategy on Food and Nutrition Security 2030 and the Education Sector Strategic Plan 2018–2030 in 2019 and the creation of the Comprehensive System for the Protection of the Rights of Children and Adolescents in Honduras, in 2019, the Secretariat for Children, Adolescents and Family, in 2024, and the National Policy for Early Childhood, Children and Adolescents 2024–2033, in 2024. It notes with appreciation the ratification in 2017 of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

III.Main areas of concern and recommendations

4.The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: violence against children (paras. 23 and 24); children deprived of a family environment (para. 28); adolescent health (para. 36); education (para. 40); asylum-seeking, refugee, migrant and deported children (para. 44); and internally displaced children (para. 46).

5. The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.

A.General measures of implementation (arts. 1, 4, 42 and 44 (6))

Legislation

6. The Committee urges the State party:

(a) To continue its efforts to harmonize all national legislation with the Convention, including the Children and Adolescents ’ Code and the Family Code;

(b) To promptly amend the Criminal Code to bring it in line with the provisions of the Convention, paying particular attention to provisions on trafficking in children, the crimes of rape, incest and sexual assault and the minimum age of sexual consent;

(c) To adopt a new legal framework for social protection, in line with the Convention and international standards, and ensure that it incorporates provisions that allow children access to health services.

Comprehensive policy and strategy

7. The Committee notes the creation of the Comprehensive System for the Protection of the Rights of Children and Adolescents in Honduras, the National Policy on Early Childhood, Children and Adolescents and the National Policy on the Rights of Children and Adolescents. In that regard, it recommends that the State party:

(a) Ensure that both the Comprehensive System for the Protection of the Rights of Children and Adolescents in Honduras and the National Response Plan for the Prevention of Violence against Children and Adolescents are effectively implemented, with sufficient human, technical and financial resources;

(b) Fully implement the National Policy on the Rights of Children and Adolescents and approve the National Policy for the Social Reintegration of Adolescents and Youth in Conflict with the Law and provide them with an adequate budget.

Coordination

8. The Committee takes note of the creation of the Secretariat for Children, Adolescents and the Family, which replaces the Directorate for Children, Adolescents and the Family as the governing body for public policy, regulations and programmes for the comprehensive protection of the rights of children and adolescents, and also takes note of the creation of the National Institute for Juvenile Offenders and urges the State party to ensure that the Secretariat and the National Institute have clear mandates and sufficient authority to coordinate and execute all activities relating to the implementation of the Convention at the cross-sectoral, national, regional and local levels .

Allocation of resources

9. Recalling its general comment No. 19 (2016) on public budgeting for the realization of children ’ s rights, the Committee reiterates its previous recommendations and recommends that the State party:

(a) Adopt a child rights-based approach in the elaboration of the State budget by implementing a data-driven tracking system for the allocation and use of resources for children throughout the budget and for the development of impact assessments on how investments in any sector may serve the best interests of the child;

(b) Provide the Secretariat for Children, Adolescents and the Family with sufficient human, technical and financial resources to exercise its functions, including enough specialized personnel to guarantee the protection of children throughout the State party;

(c) Allocate progressive investment to municipal governments for the exercise of public expenditure in critical areas for the realization of the rights of children and adolescents, paying particular attention to social protection, education, health and protection against violence;

(d) Continue its efforts towards establishing a fair tax policy aimed at reducing inequalities;

(e) Increase its efforts to reduce the inequalities affecting children in disadvantaged situations, with defined budgetary lines for Indigenous children, children of African descent, children living in poverty, in both rural and urban areas, migrant, internally displaced and returned children, children with disabilities and other children in disadvantaged or vulnerable situations who may require affirmative social measures, and ensure that those budgetary lines are protected, even in situations of economic crisis, natural disasters or other emergencies.

Data collection

10. Recalling its general comment No. 5 (2003) on general measures of implementation of the Convention and its previous recommendations, the Committee recommends that the State party:

(a) Continue to implement the National Statistical System platform by providing sufficient human, technical and financial resources to the National Institute of Statistics;

(b) Ensure that data collected on children ’ s rights cover all areas of the Convention and the Optional Protocols thereto, with data disaggregated by age, sex, disability, geographical location, ethnic or national origin, migration status and socioeconomic background, to facilitate the analysis of the situation of children, particularly those in situations of vulnerability;

(c) Ensure that statistical data and indicators on children ’ s rights are shared among the ministries concerned and used for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention and the Optional Protocols.

Access to justice and effective remedy

11. The Committee encourages the State party:

(a) To ensure that all children have access to:

(i) Confidential, child-friendly and independent complaint mechanisms in schools, foster care systems and alternative care and detention settings for reporting all forms of violence, abuse, discrimination and other violations of their rights;

(ii)(maras) Free, quality and independent legal aid, in law and in practice;

(iii) Legal support and age-appropriate information on access to counselling and remedies, including compensation and rehabilitation;

(b) To raise awareness among children of their right to file a complaint under existing mechanisms and their right to access to legal aid;

(c) To ensure systematic and mandatory training for all relevant professionals working with children on child-friendly procedures and remedies, children ’ s rights and the Convention.

Independent monitoring

12. The Committee recommends that the State party:

(a) Further strengthen the Office of the National Commissioner for Human Rights and ensure that it is supported with sufficient human, technical and financial resources so as to enable the effective and independent discharge of its mandate across the State party in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles );

(b) Enhance the capacity of the Ombudsman for Children and Families of the Office of the National Commissioner for Human Rights, including by reopening its municipal offices, to monitor children ’ s rights, receive, investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims and undertake monitoring, follow-up and verification activities for them.

Dissemination, awareness-raising and training

13. The Committee recommends that the State party s trengthen its awareness ‑ raising programmes, including campaigns, in cooperation with civil society organizations, to ensure that the Convention and the Optional Protocols thereto are widely known to the general public , including parents and children.

Cooperation with civil society

14. The Committee recommends that the State party continue to involve civil society, including non-governmental organizations and children ’ s organizations, in the planning, implementation, monitoring and evaluation of policies, plans and programmes relating to children ’ s rights and that it establish permanent mechanisms for their participation within the framework of the Comprehensive System for the Protection of the Rights of Children and Adolescents in Honduras .

B.General principles (arts. 2, 3, 6 and 12)

Non-discrimination

15. The Committee urges the State party:

(a) To fully implement the Public Policy against Racism and Racial Discrimination for the Comprehensive Development of Indigenous and Afro-Honduran Peoples 2016– 2026;

(b) To promptly address discrimination against children in disadvantaged situations, in particular children with disabilities, Indigenous children and children of African descent, migrant and returned children, children forcibly recruited by gangs and lesbian, gay, bisexual, transgender and intersex children;

(c) To take urgent measures to address discriminatory gender stereotypes against girls and the predominant role of girls with regard to household chores, childcare and caregiving, which limit the exercise of their rights, especially access to education;

(d) To conduct media campaigns to change social norms and behaviours that contribute to discrimination, raise public awareness regarding the prohibition of discrimination and promote tolerance and respect for diversity and a positive image of children as rights holders;

(e) To evaluate, with the participation of children and civil society organizations, existing measures aimed at combating discrimination against children in disadvantaged situations to assess their effectiveness and revise the measures as needed.

Best interests of the child

16. Recalling its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee reiterates its previous recommendations in that regard.

Right to life, survival and development

17. The Committee urges the State party:

(a) To enhance its effort to reduce infant and child mortality, especially in rural and economically disadvantaged communities and Indigenous communities and among persons of African descent, including by increasing vaccine coverage, addressing child malnutrition, promoting breastfeeding and guaranteeing access to health services;

(b)To strengthen the Comprehensive Early Childhood Development Policy and continue the implementation of the “Plan Crecer” programme by ensuring sufficient human, technical and financial resources and effective cross-sectoral coordination mechanisms, including with the Secretariat for Children, Adolescents and the Family;

(c) To take security and protection measures to prevent the violent death, homicide and feminicide of children, including by addressing the root causes of such violent acts, systematically investigate, prosecute and punish perpetrators, monitor the actions taken by law enforcement and judicial institutions, strengthen efforts to control firearms and develop violence prevention programmes for children.

Respect for the views of the child

18. While noting the creation of the Children ’ s Congress, and recalling its general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party:

(a) Take measures to ensure the effective implementation of legislation recognizing the right of the child to be heard in relevant legal proceedings, including by establishing a system and procedures for social workers and courts to comply with the principle;

(b) Institutionalize a national framework, in accordance with the Comprehensive System for the Protection of the Rights of Children and Adolescents in Honduras, for ensuring the meaningful and empowered participation of all children in national and local decision-making, with toolkits and structures for consulting children and mechanisms for ensuring that the outcomes of such consultations are systematically fed into public decision-making, including in the formulation of responses to the climate crisis.

C.Civil and political rights (arts. 7, 8 and 13–17)

Birth registration

19. The Committee urges the State party:

(a) To strengthen measures to ensure birth registration and the issuance of certificates for all children born in its territory, particularly those born in remote areas or outside of hospitals, including by ensuring the availability and proximity of civil registry offices throughout the State party and by sending regular civil registration brigades to places where there is a higher prevalence of late or non- registration;

(b) To ensure that birth registration is free in all cases and circumstances, regardless of the person ’ s age or place of birth.

Freedom of association and peaceful assembly

20. The Committee is deeply concerned about the disproportionate use of force in the implementation of security policies and recommends that the State party prevent and stop arbitrary restrictions on children ’ s right to peaceful assembly.

Right to privacy and access to appropriate information

21. Recalling its general comment No. 25 (2021) on children ’ s rights in relation to the digital environment, the Committee recommends that the State party:

(a) Continue to improve digital inclusion for children in disadvantaged situations, including rural children and children with disabilities, and promote the equitability and affordability of online services and connectivity;

(b) Ensure children ’ s right to access to information from a variety of sources, including online sources, adequately protect children from harmful content and materials and online risks and provide for mechanisms to prosecute such violations;

(c) Enhance the digital literacy, awareness and skills of children, teachers and families, including by incorporating digital literacy into school curricula, to protect children from information and material that are harmful to their well-being;

(d) Develop regulations and safeguarding policies to protect the rights and safety of children in the digital environment.

D.Violence against children (arts. 19, 24 (3), 28 (2), 34, 35, 37 (a) and 39 of the Convention, and the Optional Protocol on the sale of children, child prostitution and child pornography)

Abuse, neglect, sexual abuse and exploitation

22.The Committee remains seriously concerned about:

(a)The high level of violence against children;

(b)The gaps in the implementation of the National Policy on the Prevention of Violence against Children and Adolescents, the lack of a clear mandate and coordination within institutions to combat violence against children and the high rates of impunity;

(c)Insufficient services and inter-institutional coordination among relevant sectors for supporting child victims of violence;

(d)The prevalence of sexual violence and assaults against girls committed by family members or acquaintances.

23. In the light of its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, t he Committee urges the State party :

(a) To ensure the effective implementation, monitoring and financing of the National Policy on the Prevention of Violence against Children and Adolescents;

(b) To adopt preventive measures at the family and community levels for the early detection of cases of violence, abuse, neglect, sexual abuse and exploitation;

(c) To put in place accessible, confidential and child-friendly mechanisms for children to report violence;

(d) To ensure that child sexual abuse and exploitation is promptly reported, investigated and prosecuted, including sexual abuse within the child ’ s circle of trust, applying a child-friendly and multisectoral approach with the aim of avoiding the revictimization of the child, that appropriate remedies, treatment and support are provided to victims and that perpetrators are duly sanctioned and deterred from having contact with children;

(e) To allocate sufficient resources to the provision of child-friendly and comprehensive support, including trauma-focused therapy, to children who are victims of violence and abuse.

Children involved in gangs ( maras)

24. Noting the adverse impact of gang violence on children ’ s rights across its territory, the Committee reiterates its previous recommendations and urges the State party:

(a) To adopt comprehensive strategies to address gang violence effectively, primarily gang violence targeting adolescents. Such strategies should not be limited to penal measures but should also address the social factors that lead children into and include policies for the social integration of marginalized children and adolescents;

(b) To ensure that children are not accused of terrorist association whenever they are forced to participate in organized crime structures, ensuring that they are treated primarily as victims of forced recruitment;

(c)To establish programmes to assist children to leave maras and be reintegrated into society;

(d)To conduct awareness-raising campaigns, inter alia, via mass media and social media, on the dangers of joining a mara, with the participation of children.

Harmful practices

25. The Committee is deeply concerned about the continuing prevalence in practice of child marriage and early de facto unions, particularly in rural areas, among Indigenous communities, communities of African descent and persons living in poverty. Recalling joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, the Committee recommends that the State party strengthen measures to enforce respect for the minimum age of marriage, which is set at 18 years, prevent child marriage and early de facto union by effectively addressing their root causes, raise public awareness of their harmful effects and provide training to relevant professional groups.

Optional Protocol on the sale of children, child prostitution and child pornography

26. Recalling its 2019 guidelines regarding the implementation of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography and its previous concluding observations on the State party ’ s report submitted under article 12 (1) of the Optional Protocol, the Committee urges the State party:

(a)To further strengthen efforts to prevent the sale of children and sexual exploitation, particularly by organized criminal groups or maras, paying particular attention to sectors linked to tourism, such as hotels, nightclubs, restaurants and casinos;

(b) To strengthen measures to prosecute and sanction all perpetrators of offences under the Optional Protocol;

(c) To adopt strategies for the early identification of children who are victims of offences under the Optional Protocol, provide them with legal assistance and psychosocial counselling and strengthen the mechanisms for their recovery, compensation and social reintegration;

(d) To establish effective mechanisms to identify, detect and monitor children in vulnerable situations who are at risk of becoming victims of offences under the Optional Protocol, particularly children in street situations, children working as domestic workers and migrant children, and develop assistance programmes specifically targeting those children.

E.Family environment and alternative care (arts. 5, 9–11, 18 (1) and (2), 20, 21, 25 and 27 (4))

Children deprived of a family environment

27.The Committee remains deeply concerned about:

(a)The lack of a legislative and policy framework on deinstitutionalization;

(b)The thousands of child survivors of violence and children in vulnerable situations living in State-run residential care institutions, as institutionalization is not used only as an exceptional and provisional measure and occurs without a comprehensive analysis;

(c)The vulnerability criteria contemplated in the legislation, which allow children to be institutionalized for economic reasons (lack of basic needs), violate the right to live in a family and criminalize poverty, without offering alternatives for families to remain with their children in dignified conditions;

(d)The new model of outsourcing the administration of child protection centres to civil society organizations, which lacks clear and systematic certification processes and periodic oversight mechanisms;

(e)The poor supply of temporary foster families and temporary protection families, the insufficient training for the professionals providing services to children placed in foster care and a lack of guidelines to evaluate such services ;

(f)The severe shortage of professionally trained social workers and other professionals working to support families and children at risk and the lack of a professional training programme for social workers.

28. Drawing the State party ’ s attention to the Guidelines for the Alternative Care of Children, the Committee urges the State party:

(a) To phase out institutionalization and adopt, without delay, a strategy and action plan for deinstitutionalization, ensuring the adequate human, technical and financial resources for its implementation and that it includes the systemic transformation of the childcare, welfare and protection systems;

(b) To ensure adequate safeguards and clear criteria, based on the needs and the best interests of the child, for determining whether a child should be placed in alternative care;

(c) To promote social protection programmes to respond to families in situations of extreme socioeconomic vulnerability and to provide targeted support and access to social assistance to avoid family separation and the institutionalization of children for economic reasons;

(d) To monitor closely the quality of care in residential care institutions, including by verifying whether it adheres to minimum norms and standards, conduct regular and substantive reviews of placements in care, with a view to facilitating the reintegration of children into their families and communities whenever possible, and enable the reporting, monitoring, remedying and effective prosecution of the maltreatment of children;

(e) To ensure sufficient alternative family- and community-based care options for children who cannot stay with their families, including by allocating sufficient financial resources for foster care and regularly reviewing placement measures;

(f) To strengthen the capacity of professionals working with families and children, in particular family judges, law enforcement personnel, social workers and service providers, to ensure family-based alternative care responses and to enhance their awareness of alternative family- and community-based care options and of the rights and needs of children deprived of a family environment.

Adoption

29. Deeply concerned about reported irregularities in the allocation of children in the adoption process, including in international adoptions, the Committee recommends that the State party:

(a) Establish a centralized system for the review of the adoption process and establish clear criteria and procedures for the selection of adoptive parents and a system for monitoring each step of the adoption process by an independent body;

(b) Ensure that the best interests of the child are the paramount consideration in the adoption procedures for children of all ages;

(c) Step up efforts to investigate, prosecute and punish offenders responsible for illegal adoptions and ensure that all victims receive adequate support and compensation.

Children of incarcerated parents

30. The Committee recommends that the State party offer alternatives to detention for mothers facing imprisonment and guarantee protection measures and access to food, mental healthcare, education and other services for children who remain with their incarcerated mothers, particularly those placed in the National Women ’ s Prison for Social Adaptation.

F.Children with disabilities (art. 23)

31. Recalling its general comment No. 9 (2006) on the rights of children with disabilities, the Committee urges the State party:

(a) To adopt a human rights-based approach to disability;

(b) To set up a comprehensive strategy for the inclusion of children with disabilities;

(c) To h armonize national legislation, policies and regulations with the human rights model of disability and revise the draft law on disability in accordance with the Convention;

(d) To organize the collection of data on children with disabilities and develop an efficient and harmonized system for disability assessment to facilitate access for children with all types of disabilities to accessible services, including to education, healthcare, social protection and support services;

(e) To take immediate measures to ensure that children with disabilities have access to healthcare, including early detection and intervention programmes;

(f) To provide home-based professional support and the necessary modifications to home infrastructure to enable children with disabilities to live with their families with a view to eliminating the practice of institutionalization;

(g) To undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of children with disabilities as rights holders.

G.Health (arts. 6, 24 and 33)

Health and health services

32. The Committee is concerned about the sharp increase in the mortality rate among children due to cancer and about the decrease in vaccination coverage. Recalling its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health , the Committee recommends that the State party:

(a) Ensure the access of all children to basic health services, healthcare infrastructure and health professionals, in particular Indigenous children, children of African descent and those living in rural and remote areas;

(b) Urgently improve access to cancer treatment for children and adolescents, raise awareness among doctors, children and parents on the early signs of cancer, improve access to treatment and provide sufficient financial resources to make it affordable;

(c) Strengthen immunization campaigns to address disparities in coverage, prioritize hard-to-reach population groups and guarantee the allocation of adequate human, technical and financial resources to ensure the universal coverage of immunization services and free access to vaccination;

(d) Strengthen programmes for the prevention of mother-to-child transmission of HIV/AIDS.

Nutrition

33. The Committee urges the State party:

(a) To take urgent measures to address the high levels of hunger and malnutrition among children in disadvantaged situations, including by promoting proper infant and young child feeding practices, providing micronutrient supplements to all children and pregnant women and raising public awareness of good nutrition and the benefits of exclusive breastfeeding;

(b) To urgently address the malnutrition situation by implementing regulations on the sale of processed and ultra-processed foods, including with front ‑ of ‑ package labelling and regulation of the marketing of unhealthy food to children;

(c) To ensure the best interests of the child in the design, approval and implementation of legislation and policies on healthy diets.

Drug and other substance abuse

34. The Committee recommends that the State party strengthen its awareness ‑ raising activities to prevent drug and alcohol abuse by children and develop specialized, child-friendly drug-dependence treatment services for children.

Adolescent health

35.The Committee is seriously concerned about:

(a)The high rate of early pregnancy, which remains among the highest in Latin America;

(b)The criminalization of abortion and the insufficient access to sexual and reproductive health services;

(c)The presidential veto of the draft Act on Comprehensive Education to Prevent Adolescent Pregnancy and the lack of mandatory sexual and reproductive health education.

36. Recalling its general comments No. 4 (2003) on adolescent health and development in the context of the Convention and No. 20 (2016) on the implementation of the rights of the child during adolescence, and its previous recommendations, the Committee urges the State party:

(a) To strengthen measures to address the high rate of early pregnancy and ensure that all children and adolescents, including those who are out of school and those in rural areas, have access to age-appropriate sexual and reproductive services, including access to free contraceptives;

(b) To decriminalize abortion in all circumstances and ensure access to safe abortion and post-abortion care services for adolescent girls, making sure that their views are always heard and given due consideration as a part of the decision-making process;

(c) To adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and targeted at adolescents, with special attention on preventing early pregnancy and sexually transmitted infections;

(d) To adopt the draft Law on Comprehensive Education to Prevent Adolescent Pregnancy in Honduras.

H.Standard of living (arts. 18 (3), 26 and 27 (1)–(3))

Standard of living, including social security and housing

37. The Committee remains deeply concerned about the increasing number of poor households and geographical disparities, which primarily affect Indigenous children and children of African descent. It also notes with concern that thousands of children do not have access to safe water sources or decent sanitation services, hindering their food security and the fulfilment of their nutritional needs and endangering their lives and development. The Committee urges the State party:

(a) To strengthen measures to end child poverty and ensure the right of all children to an adequate standard of living, including by identifying and providing support to vulnerable families and strengthening social services;

(b) To ensure the comprehensive implementation of the National Drinking Water and Sanitation Plan 2022–2030, with a focus on rural and remote areas, including by increasing the budget allocations;

(c) To increase actions and the budget to expand the infrastructure for and the provision and coverage of safe drinking water and sanitation across the State party, particularly in rural and remote areas.

I.Children’s rights and the environment (arts. 2, 3, 6, 12, 13, 15, 17, 19, 24 and 26–31)

38. The Committee is concerned about the high level of vulnerability of children due to the impact of the climate crisis and the lack of child-sensitive climate policies and disaster risk management plans. Recalling its general comment No. 26 (2023) o n children ’ s rights and the environment, with a special focus on climate change , the Committee recommends that the State party:

(a) Ensure that the national climate change policy and national disaster management and contingency plans and other policies and programmes addressing environmental protection, climate change and disaster risk management are informed by child rights impact assessments, taking into account the principles of the Convention and the needs and views of children, including by consulting children on assessments and in policy development;

(b) Take the measures necessary to adapt to climate change, protect the environment and address environmental desertification, land degradation and air pollution, taking into account their effects on the most affected and marginalized children, in particular Indigenous children, children of African descent and children living in poverty;

(c) Collect disaggregated data to identify the risks faced by children from a variety of disasters to formulate relevant national policies, frameworks and agreements;

(d) Increase children ’ s awareness of and preparedness for climate change and natural disasters by incorporating climate change into the school curriculum and teacher training programmes and by disseminating the Committee ’ s general comment No. 26 (2023 ) ;

(e) Sign and ratify the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).

J.Education, leisure, and cultural activities (arts. 28–31)

Aims and coverage of education

39.The Committee welcomes the steps taken to improve education, such as the Strategic Plan for the Education Sector 2018–2030, but is deeply concerned about:

(a)The insufficient public investment in education;

(b)The poor infrastructure in schools, with some lacking electricity, safe drinking water and sanitation and digital access;

(c)The high dropout rate, with 48 per cent of school-age children currently out of the education system;

(d)The low enrolment rates in preschool and upper-secondary education;

(e)The prevalence of violence, including homicide and gender-based violence, in school contexts, which is reportedly the main cause of school dropout;

(f)Schools damaged by natural disasters, especially in the northern provinces, that remain unrepaired, further exacerbating challenges with regard to the educational infrastructure, and the frequent and prolonged use of schools as shelters for those affected by natural disasters.

40. The Committee urges the State party:

(a) To continue to increase the national budget allocated to education and ensure an annual increase in public expenditure on primary and secondary education;

(b) To continue to invest in infrastructure, including urgently repairing damaged schools, and enhance the overall educational environment, especially in rural areas;

(c) To implement early warning systems to detect children and adolescents who are out of school or at risk of dropping out and ensure that all schools have gender ‑ sensitive strategies for school retention and reintegration, particularly for adolescent mothers, pregnant adolescents and adolescent victims of de facto unions;

(d) To ensure that all children complete free, equitable and quality pre ‑ primary, primary and secondary education leading to relevant and effective learning outcomes, including by maintaining and strengthening programmes aimed at increasing enrolment and preventing dropout, with a focus on Indigenous children and children of African descent;

(e) To take targeted measures to eliminate violence in schools, ensuring that such measures encompass prevention, early detection mechanisms, intervention protocols and psychosocial support for victims, and implement strategies to promote protective school spaces, with official programmes to foster and promote a culture of peace, gender equality and inclusion;

(f) To take urgent measures to avoid the use of schools as shelters in emergency situations and ensure the continuation of education;

(g) To include human rights and peace education in the curricula of all schools and in teacher training programmes, with special reference to the Optional Protocol on the involvement of children in armed conflict, taking into consideration the Committee ’ s general comment No. 1 (2001) on the aims of education.

Inclusive education

41. The Committee recommends that the State party ensure that all children with disabilities have access to inclusive education in mainstream schools, ensuring that schools are equipped with trained teachers, accessible infrastructure and teaching materials adapted to the needs of children with disabilities.

Rest, play, leisure, recreation and cultural and artistic activities

42. Recalling its general comment No. 17 (2013) on the right of the child to rest, leisure, play, recreational activities, cultural life and the arts, the Committee recommends that the State party strengthen its efforts to guarantee the right of children, especially children with disabilities, to rest and leisure and to engage in play and recreational activities appropriate to the age of the child, including by adopting and implementing play and leisure policies with sufficient and sustainable resources.

K.Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)–(d) and 38–40 of the Convention, and the Optional Protocol on the involvement of children in armed conflict)

Asylum-seeking, refugee, migrant and deported children

43.The Committee remains deeply concerned about:

(a)The lack of procedural guarantees for the determination of refugee status and the processing of asylum claims in the Migration and Aliens Act;

(b)The high number of deported migrant children and the insufficiency of the reintegration measures;

(c)The lack of a comprehensive strategy with a child rights focus to address the causes and consequences of forced displacement, migration to and from the State party and the reintegration of thousands of children who have been returned.

44. In the light of its previous recommendations, and recalling joint general comments No. 3 and No. 4 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 of the Committee on the Rights of the Child (2017) on the human rights of children in the context of international migration , the Committee recommends that the State party:

(a) Review the Migration and Aliens Act to ensure that it includes a clear refugee status determination procedure adapted to the needs of children, in particular unaccompanied and separated children, and that it clearly contains basic rights and procedural guarantees applicable to asylum-seeking children;

(b) Allocate sufficient human, technical and financial resources to the sustainable reintegration of returned children, including by increasing funding to the Belen Centre for returned children and families, child protection offices in border areas and community reintegration programmes;

(c) Implement a comprehensive strategy, with adequate human, technical and financial resources for the protection of the rights of all children in human mobility.

Internally displaced children

45.The Committee welcomes the Act for the Prevention of Internal Displacement and the Protection and Care of Internally Displaced Persons, adopted in 2022. It remains deeply concerned, however, about the prevalence of forced recruitment and gender-based violence perpetrated by maras and local gangs, which disproportionately affect children and are the primary drivers of internal displacement.

46. The Committee urges the State party to prevent and protect children from forced recruitment and gender-based violence perpetrated by criminal actors, including by addressing the root causes and risk factors, identifying possible victims, strengthening the institutional framework to provide an effective response and implementing comprehensive public policies that account for the specific needs of children.

Economic exploitation, including child labour

47. The Committee remains concerned about reports of significant numbers of children, including some below the age of 15 years, engaged in child labour in agricultural and domestic work. The Committee recommends that the State party:

(a) Ensure the effective implementation of existing laws, including those prohibiting the economic exploitation of children, inclusive of child labour, by strengthening labour inspectorates and establishing child labour reporting mechanisms;

(b) Adopt specific measures to tackle child labour in the agricultural and domestic work sectors, including by ratifying the Domestic Workers Convention, 2011 (No. 189), of the International Labour Organization (ILO );

(c) Strengthen its efforts to ensure that no child engages in hazardous work and raise public awareness about child labour, its exploitative character and its consequences;

(d) Seek technical assistance from the International Programme on the Elimination of Child Labour of ILO in that regard.

Children in street situations

48. The Committee welcomes the landmark ruling issued by the Supreme Court of Justice in favour of children in street situations in 2022. It remains concerned, however, about the lack of measures in place to implement its provisions. Drawing attention to its general comment No. 21 (2017) on children in street situations , the Committee recommends that the State party:

(a) Implement the provisions mandated by the Supreme Court of Justice in its ruling, including by reinforcing the coordination between the Presidency of the Republic, the Secretariat for Children, Adolescents and the Family and the National Risk Management System to that effect;

(b) Conduct a census of children living and working in the streets, update studies on the root causes of their situation and promptly adopt medium and long-term measures to address them;

(c)Adopt urgent measures to prevent the institutionalization, criminalization and harassment of children in street situations and their recruitment by non-State armed groups, including maras;

(d) Adopt measures to reintegrate children in street situations with their families or place them in alternative care, ensuring full respect for their best interests and giving due weight to their autonomous views, in accordance with their age and maturity.

Administration of child justice

49. Recalling its general comment No. 24 (2019) on children ’ s rights in the child justice system , the Committee urges the State party to bring its child justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party:

(a) To raise the age at which children can be held criminally responsible to at least 14 years of age and retain the age of 18 years as the upper limit of the child justice system;

(b) To avoid involving military personnel in detention facilities;

(c) To strengthen its child justice system, including by providing adequate human, technical and financial resources to specialized child court facilities and procedures, increasing the number of specialized judges for children and ensuring that such specialized judges receive appropriate training;

(d) To reinforce the Proceedings Unit of the Public Defence Service to ensure the provision of free and specialized legal aid to children alleged as, accused of or recognized as having infringed criminal law at an early stage of the procedure and throughout the legal proceedings;

(e) To further promote non-judicial measures, such as diversion and mediation, for children alleged as, accused of or recognized as having infringed criminal law and, wherever possible, the use of non-custodial sentences for children, such as probation or community service, and ensure that health and psychosocial services are provided to such children;

(f) To ensure that detention is used as a measure of last resort and for the shortest appropriate period of time and is reviewed on a regular basis with a view to the release of the child;

(g) To ensure, for the few situations where deprivation of liberty is justified as a measure of last resort, that children are not detained together with adults and that detention conditions comply with international standards, including with regard to access to education and health services.

Children in armed conflict, including the implementation of the Optional Protocol on the involvement of children in armed conflict

50. The Committee regrets the lack of information on the implementation of its concluding observations on the State party ’ s report submitted under article 8 (1) of the Optional Protocol. Recalling its previous recommendations, the Committee urges the State party:

(a) To amend its legislation to explicitly prohibit and criminalize all forms of recruitment and use of children under the age of 18 years by non-State armed groups;

(b) To explicitly prohibit and criminalize the recruitment and use of children under the age of 18 years by the armed forces and define and punish the recruitment of children under the age of 15 years as a war crime.

L.Ratification of the Optional Protocol on a communications procedure

51. The Committee recommends that the State party ratify the Optional Protocol to the Convention on a communications procedure.

M.Cooperation with regional bodies

52. The Committee recommends that the State party continue to cooperate with the Organization of American States (OAS) on the implementation of the Convention and other human rights instruments , both in the State party and in other OAS member States.

IV.Implementation and reporting

A.Follow-up and dissemination

53. The Committee recommends that the State party take all appropriate measures to ensure that the recommendations contained in the present concluding observations are fully implemented and that a child-friendly version is disseminated to, and made widely accessible for, children, including those in the most disadvantaged situations. The Committee also recommends that the combined sixth and seventh periodic reports, the written replies to the list of issues and the present concluding observations be made widely available in the languages of the country.

B.National mechanism for reporting and follow-up

54. The Committee recommends that the State party establish a standing government structure and ensure that it has the mandate and adequate human, technical and financial resources to coordinate and engage with, and prepare reports to, international and regional human rights mechanisms and to coordinate and track national follow-up to, and the implementation of, treaty obligations and the recommendations and decisions emanating from such mechanisms effectively. The Committee emphasizes that such a structure should be adequately and continuously supported by dedicated staff and should have the capacity to consult systematically with the National Commissioner for Human Rights and civil society.

C.Next report

55. The Committee will establish and communicate the due date of the combined eighth and ninth periodic reports of the State party in due course, in line with the envisaged predictable reporting calendar and following the adoption of a list of issues and questions prior to reporting, if applicable, for the State party. The reports should be in compliance with the Committee ’ s harmonized treaty-specific reporting guidelines and should not exceed 21,200 words. In the event that reports exceeding the established word limit are submitted, the State party will be asked to shorten the reports. If the State party is not in a position to review and resubmit the reports, translation thereof for the purposes of consideration by the Committee cannot be guaranteed.