Seventy-first session

11-29 January 2016

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined fourth and fifth periodic reports of Peru

The State party is requested to submit in writing additional, updated information, if possible before 15 October 2015 (10,700 words maximum).

The Committee may take up any aspect of the children ’ s rights set out in the Convention during the dialogue with the State party.

Part I

In this section, the State party is requested to submit its responses to the following questions.

1.Please provide information on the revision of the Code on Children and Adolescents currently under way and on how the views of children and adolescents as well as those of NGOs and international bodies specializing in the rights of the child are being taken into account in this process. Please provide information on the extent to which this reform takes into account the recommendation made by the Committee in 2006 regarding legislation (CRC/C/PER/CO/3, para. 8).

2.Please provide information about steps taken to strengthen technical capacity within the Directorate-General of Children and Adolescents and to provide it with the resources needed to coordinate and monitor the implementation of the Convention at the national and local levels.

3.Please provide information on the measures taken to combat persistent discrimination against girls, gender stereotyping and patriarchal attitudes that impede the full realization of girls’ rights. Please provide further information on measures taken to eliminate discrimination against indigenous children, Peruvian children of African descent and children with disabilities.

4.In the light of paragraph 74 of the State party’s report, please provide information on measures taken by the State to encourage proper interpretation and application of the best interests of the child by the judiciary, as well as in the draft revision of the Code on Children and Adolescents and in programmes, policies and services that affect children.

5.In the light of paragraphs 14, 142 and 143 of the State party’s report, please describe the specific duties performed and services provided by the offices for the defence of children and adolescents, the municipal offices for the defence of children and adolescents and the women’s emergency centres with respect to protecting children and adolescents from domestic and sexual violence. Please also explain what is being done to ensure that those bodies coordinate with each other, that the services they offer are specialized and of high quality and that they are present throughout the State party. Lastly, please report on the measures taken to prevent the violence and bullying that is on the rise in schools and to expressly prohibit corporal punishment in all settings.

6.In the context of the social protests and the state of emergency declared in Celendin, which has resulted in the militarization of the area, please provide information on the measures taken to prosecute the violent death of a 16-year-old boy and other acts of violence against children and adolescents, particularly sexual violence against girls, that have allegedly been committed by State security forces. Please also provide information on how the rights of children and adolescents, particularly the right to education, were safeguarded during the state of emergency.

7.Please describe the mechanisms in place to monitor alternative care settings. Please also explain the process by which children or adolescents are placed in alternative care settings and the bodies involved in that process, and how it is ensured that such decisions are reviewed regularly.

8.Please provide further information on the steps taken to ensure an inclusive education for all children and adolescents with disabilities at all education levels. Please also provide information on the progress made towards realizing the rights of children and adolescents with disabilities as they relate to health, leisure and culture, participation and accessibility. Please say in particular what progress has been made in indigenous and rural areas.

9.Please provide updated information on the steps taken to prevent the growing number of pregnancies and maternal deaths among teenagers. In particular, please elaborate on measures taken to guarantee access to sexual and reproductive health services for children and adolescents, to ensure that such services are confidential for adolescents — including those under 14 years of age — and to prevent teenage deaths caused by clandestine abortions. Please also provide information on suicide prevention programmes for children and adolescents (and for pregnant teenagers in particular), mental health programmes and programmes to prevent drug use.

10.Please clarify whether the obligation to conduct environmental impact studies of mining projects (as stated in para. 248 of the State party’s report) also applies to other large-scale projects, and whether there is also an obligation to analyse their impact on children’s health and development. Please indicate whether any studies have been conducted on the impact on children’s right to health of hydroelectric projects on the Marañón River and of mining projects in La Oroya and Celendin and, if so, what the result was. Please also provide information on measures taken to protect the large number of children with high levels of lead and other heavy metals in their blood, particularly in the areas of La Oroya, Cerro de Pasco and Cajamarca.

11.Please provide updated information on the measures taken to guarantee access to quality pre-primary, primary and secondary education, especially in rural areas, and to prevent secondary school students, particularly pregnant teenage girls, dropping out of school. Taking into account the reported increased privatization of the education sector and uneven funding for public schools, please indicate the measures taken to ensure free, quality education for all and to prevent the segregation of children in vulnerable situations, such as indigenous children, Peruvian children of African descent and children with disabilities. Lastly, please indicate what monitoring measures are taken to ensure that public schools do not require families to make any additional payments.

12.Please provide information on the steps taken to take into account the views of indigenous children and adolescents in matters affecting them and to lift them out of their situation of particular vulnerability, which is especially serious with regard to chronic malnutrition, child and maternal mortality, anaemia and HIV/AIDS. Please also provide information on specific measures to ensure that quality intercultural bilingual education is available at all levels, along with services tailored to students’ particular culture and language.

13.Please provide information on the measures taken to protect children and adolescents adversely affected by illegal coca cultivation and drug trafficking. In particular, please indicate whether any studies have been conducted on the extent of the problem and what steps have been taken to prevent the use of children and adolescents in the production and transportation of drugs, to protect them from the violence — including sexual abuse — they are subjected to, to provide them with psychosocial support and to make alternative livelihoods available to their families.

14.In the light of paragraph 332 of the State party’s report, please provide information on the results achieved thus far in implementing the National Strategy for the Prevention and Elimination of Child Labour 2012-2021 and provide a current list of jobs prohibited for adolescents. In particular, please provide information on measures taken to combat child domestic labour and child labour in gold mines. Lastly, please also explain whether any steps are being taken to follow up on the situation of children and adolescents rescued from child labour and whether any evaluation is conducted of family support programmes to eliminate child labour.

15.Please provide information on the implementation of the National Plan for the Prevention and Treatment of Adolescents in Conflict with the Law 2013-2018. Please also describe the measures taken to establish a sufficient number of specialized family courts and to create specialized juvenile justice units within the Attorney General’s Office, the Public Defender’s Unit and the police force. Please provide information on mechanisms to monitor the juvenile detention centre, the complaint mechanisms available and the number of complaints of ill-treatment registered and legal proceedings taken. Lastly, please report on the practical application of alternative non-custodial measures and the social reintegration of children in conflict with the law.

Part II

In this section, the State party is invited to provide a brief update (three pages maximum) on the information provided in its report with regard to:

(a)New bills or enacted pieces of legislation and their accompanying regulations;

(b)New institutions, their mandates and funding;

(c)Newly adopted and implemented policies and programmes and their scope;

(d)Recent ratifications of human rights instruments.

Part III

Data and statistics, if available

1.Please provide information on the consolidated budget, disaggregated by budget item, covering the past three years, in terms of resources allocated for children and adolescents. Furthermore, please indicate each budget item’s percentage share of the total national budget and the State party’s gross domestic product (GDP). If available, please provide budgetary data disaggregated by age, sex, disability, ethnic origin, rural/urban place of residence and geographical location.

2.Please provide information on the number of legal cases involving the mismanagement of funds set aside for children and adolescents that have been initiated and on the number of final convictions. Where possible, please identify the institution to which the perpetrator belonged in each case and indicate whether, as a consequence, that institution adopted measures to prevent such incidents in the future.

3.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on the number of child and adolescent victims of violence, including violent deaths, along with additional information on the type of violence and the type of assistance provided to child victims, the compensation received and any action taken, including the prosecution of offenders and the judgements handed down. Where possible, please provide data on the perpetrators, specifying whether they were members of armed groups, members of the armed forces or the police, relatives, teachers or others.

4.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on:

(a)Infant mortality;

(b)Maternal mortality;

(c)Malnutrition;

(d)Children and adolescents infected with or affected by HIV/AIDS (specifying cases of mother-to-child transmission);

(e)Children and adolescents with tuberculosis;

(f)Birth weights;

(g)Mental illness;

(g)Vaccination coverage;

(i)Child and adolescent pregnancies;

(j)Child and adolescent suicides;

(k)The number of child and adolescent drug users;

(l)The actual coverage of drinking water and sanitation facilities.

5.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on the number of children and adolescents who:

(a)Have been abandoned;

(b)Have been separated from their parents;

(c)Are living in institutions;

(d)Are living with foster families;

(e)Have been adopted domestically or through intercountry adoptions.

6.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on the number of children and adolescents with disabilities who:

(a)Are living with their families;

(b)Are living in institutions;

(c)Are attending mainstream primary schools;

(d)Are attending mainstream secondary schools;

(e)Are attending special schools;

(f)Are not attending school;

(g)Are receiving treatment as a part of special physical or mental health rehabilitation programmes.

7.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on:

(a)School enrolment and completion rates as percentages of each relevant age group in preschool education centres and in primary and secondary schools;

(b)The number and percentage of dropouts and grade repetitions;

(c)The teacher-pupil ratio.

8.Please provide data for the past three years, disaggregated by age, sex, disability, socioeconomic status, ethnic origin, rural or urban dwellers and geographical location, on the number of children and adolescents who are:

(a)Engaged in child labour (please provide information broken down by type of work, including hazardous work);

(b)In street situations;

(c)Victims of human trafficking (please specify the purpose of the trafficking);

(d)Victims of sale (please specify the purpose of the sale);

(e)Victims of prostitution;

(f)Victims of child pornography.

9.Please provide data for the past three years, disaggregated by age, sex, disability, ethnic origin, rural or urban dwellers, geographical location and type of offence, on the number of:

(a)Children and adolescents alleged to have committed an offence that was reported to the police;

(b)Adolescents who have been convicted and the penalty or punishment received for the offence, including the duration of any period of deprivation of liberty;

(c)Detention centres for children and adolescents in conflict with the law and their capacity;

(d)Adolescents and young adults held in such facilities and the number of minors held in adult facilities;

(e)Children in pretrial detention and the average duration of such detention;

(f)Cases of abuse and ill-treatment of children or adolescents occurring during arrest and imprisonment.

10.Please provide the Committee with an update on any information in the report that may now be out of date and replace it with data collected more recently or other new developments.

11.The State party is invited to provide the Committee with a list of issues relating to children and adolescents that it considers to be priorities in relation to the implementation of the Convention.