Committee on the Rights of the Child

Concluding observations on the sixth periodic report of Jordan *

I.Introduction

1.The Committee considered the sixth periodic report of Jordan at its 2704th and 2705th meetings, held on 10 and 11 May 2023, and adopted the present concluding observations at its 2728th meeting, held on 26 May 2023.

2.The Committee welcomes the submission of the sixth periodic report of the State party and the written replies to 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 multisectoral delegation of the State party.

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

3.The Committee welcomes the legislative, institutional and policy measures taken by the State party to implement the Convention, which include the adoption of the Children’s Rights Act in 2022, the Prevention of Human Trafficking Act in 2021, the Legal Assistance Regulation in 2022, the Domestic Violence Act in 2017 and the Rights of Persons with Disabilities Act in 2017; amendments to the Criminal Code and the Personal Status Act in 2017; the adoption of the National Reproductive and Sexual Health Strategy 2020–2030, the Strategy for Inclusive Education 2019–2029 and the National Strategy for the Elimination of Child Labour 2022–2030; and progress in reducing infant mortality rates and in increasing primary, secondary and non-formal education enrolment rates and primary completion rates.

III.Factors and difficulties impeding the implementation of the Convention

4.The Committee appreciates that the State party is a host country for a large number of refugees and asylum-seekers. It is apparent from the information provided by the State party as well as from the constructive dialogue that this situation has continued to put a strain on the State party’s human and financial resources and institutional frameworks, which in turn has affected the implementation of the Convention in the State party.

IV.Main areas of concern and recommendations

5.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: non-discrimination (para. 18), birth registration and nationality (para. 22), corporal punishment (para. 26), sexual exploitation and abuse and gender-based violence (para. 29), education, including vocational training and guidance (para. 40), and asylum-seeking, refugee and migrant children (para. 44).

6. 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. 4, 42 and 44 (6))

Reservations

7.The Committee t akes note of the position of the State party as explained during the constructive dialogue that its reservations to the Convention “do not constitute an obstacle to the efforts being made by the Government to promote and protect the rights of children as enshrined in the Convention”. The Committee reiterates its previous recommendations and urges the State party to consider withdrawing its reservations to articles 14, 20 and 21 of the Convention .

Legislation

8. The Committee welcomes the adoption of the Children’s Rights Act, as well as the establishment of a national working committee consisting of ministries and agencies involved in implementing the law, and recommends that the State party:

(a) Ensure the effective implementation of the Children’s Rights Act , including by adopting the necessary regulations and directives as soon as possible, allocating sufficient resources for its implementation and conducting capacity-building for relevant professionals working with and for children ;

(b) Develop systematic child-rights impact assessment procedures for legislation and policies relevant to children .

Coordination

9. The Committee notes the progress made in respect of coordination and the broad powers granted to the National Council for Family Affairs, and recommends that the State party further s trengthen its capacity, including through sufficient resources, to reinforce the monitoring and coordination of all activities related to the implementation of the Convention across all sectors .

Allocation of resources

10. Recalling its general comment No. 19 (2016) on public budgeting for the realization of children’s rights, the Committee welcomes the increased budget allocations for children since 2020 and the prioritization of spending on social sectors, and recommends that the State party :

(a) Continue to increase and prioritize budgetary allocations to ensure the implementation of the rights of the child at all levels , including allocations for health services and early childhood education ;

(b) De fine specific budget lines for all children, paying special attention to those in disadvantaged situations , including children with disabilities;

(c) Implement a tracking system for the allocation, use and monitoring of resources for children .

Data collection

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

(a) Establish a central data - collection system encompassing all areas of the Convention and its Optional Protocols and covering both qualitative and quantitative indicators, disaggregated by age, sex, disability, geographical location, ethnic origin, nationality and socioeconomic background ;

(b) Strengthen the collection and analysis of data on childr en with disabilities, children in alternative care, asylum-seeking, refugee and migrant children, and children in street situations ;

(c) Ensure that data are shared among relevant State agencies, ministries, professional groups and civil society, and used for the evaluation of policies and programmes on children’s rights .

Independent monitoring

12. Noting with concern that the National Centre for Human Rights receives very few complaints from children, which indicates weaknesses in independent monitoring, the Committee recommends that the State party :

(a) Ensure that the National Centre for Human Rights is widely known, in particular by children, and has sufficient human, financial and technical resources to monitor children’s rights and to receive, investigate and address complaints by children in a child-friendly manner;

(b) Further strengthe n the capacity of the liaison officers in the governorates ;

(c) Continue to ensure the full compliance of the National Centre for Human Rights with the principles relating to the status of national institutions for the promotion and protection of human rights ( the Paris Principles ) , including with regard to its funding.

Dissemination, awareness-raising and training

13. The Committee recommends that the State party :

(a) Continue its awareness-raising regarding children’s rights among the public , with the active involvement of children ;

(b) Ensure systematic training on children’s rights, the Convention and its Optional Protocols for all professionals working with and for children .

Cooperation with civil society

14. The Committee recommends that the State party strengthen the participation of civil society organizations, children’s organizations and child human rights defenders in children’s rights matters and in the development, implementation, monitoring and evaluation of policies, programmes and legislation related to children’s rights .

Children’s rights and the business sector

15. Recalling its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights and the Guiding Principles on Business and Human Rights, the Committee recommends that the State party :

(a) Ensure the legal accountability of the business sector, including the tourism, agricultural and informal sectors, in relation to international and national human rights, health, environmental and other standards that go beyond labour issues ;

(b) Require companies to undertake assessments of, consultations on and full public disclosure of the environmental, health-related and children’s rights impacts of their business activities and their plans to address such impacts .

B.Definition of the child (art. 1)

16. The Committee is deeply concerned that a judge may permit marriages of girls and boys from 16 years of age. While acknowledging that a large number of applications for exceptional child marriages submitted in 2022 were rejected , the Committee recalls its previous recommendations and strongly urges the State party to prohibit all marriages under 18 years of age, without exception, including by amending article 10 of the Personal Status Act and removing the possibility of applying for exceptional child marriages.

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

Non-discrimination

17.The Committee welcomes the prohibition of discrimination in the Children’s Rights Act, but remains deeply concerned about the remaining lack of a legal prohibition of discrimination on the basis of all grounds prohibited under the Convention, about discriminatory classifications of children in legislation, and about persistent discrimination against girls and children in disadvantaged situations.

18. Recalling targets 5.1 and 10.3 of the Sustainable Development Goals, t he Committee reiterates its previous recommendations and further urges the State party :

(a) To e nsure that its legal framework on discrimination adequately protects children in disadvantaged situations, including girls, from all forms of discrimination by amending article 6 of the Constitution and/or adopting comprehensive anti ‑ discrimination legislation explicitly prohibiting discrimination on all grounds, in line with article 2 (1) of the Convention, including on the basis of sex, political or other opinion, national, ethnic or social origin, property, disability, birth or other status;

(b) To abolish all discriminatory classifications of children, such as “illegitimate” children in the Civil Status Code; to repeal all laws and eliminate all practices that are discriminatory against all children in disadvantaged situations, including girls, asylum-seeking, refugee and migrant children, children of Palestinian origin, children without a regular residence status, children of unmarried parents, children with disabilities, children in alternative care and children in socioeconomically disadvantaged situations ; and to ensure their access to health services, education and a decent standard of living ;

(c) To e nd discrimination against girls in all areas of life by addressing discriminatory gender stereotypes and ensuring that they are provided with rights and opportunities on an equal basis with boys , including in relation to inheritance ;

(d) To e nsure systematic training on the protection of children from discrimination for law enforcement officials, the judiciary, prosecutors and other professionals working with and for children ;

(e) To s trengthen awareness-raising campaigns to combat stigmatization and discrimination against children in disadvantaged situations , in particular children of unmarried parents , children with disabilities and children living in informal settlements ;

(f) To m onitor strategies and measures to combat discrimination.

Best interests of the child

19. Recalling its previous recommendations, the Committee recommends that the State party :

(a) Ensure that the principle of the best interests of the child is consistently applied in all programmes and legislative, administrative and judicial proceedings involving children , in both sharia and juvenile courts , including in relation to parental custody, alternative care, asylum and child justice ;

(b) Provide guidance and training to all relevant persons in authority, including administrative authorities, sharia judges, and traditional and religious leaders, for determining the best interests of the child in every area as a primary consideration .

Respect for the views of the child

20. The Committee remains concerned that children’s views are still not systematically taken into account in decisions affecting them . R ecall ing its previous recommendations , the Committee r ecommends that the State party :

(a) Ensure the right of all children to express their views and to have them taken into account in all decisions affecting them, including in courts and in relevant administrative and judicial proceedings , and develop procedures and guidelines for relevant professionals on ensuring that proceedings are child-friendly and that due weight is given to the views of children ;

(b) Promote the meaningful and empowered participation of all children in disadvantaged situations, including girls and children with disabilities, within the family, the community and schools, by developing adapted toolkits for consulting children on national and local policy issues and by conducting awareness-raising activities to combat negative societal attitudes that hinder children’s participation in society ;

(c) Conduct research on the implementation of children’s right to be heard in all areas of life, with a view to identifying the channels through which children can influence national, local and family decision-making .

D.Civil rights and freedoms (arts. 7, 8 and 13–17)

Birth registration and nationality

21.The Committee welcomes the measures taken to ensure the access of refugee and migrant children to birth certificates and education, but remains deeply concerned about the barriers faced by some groups of children in accessing birth registration and identification cards and about the restrictive legislative framework for obtaining Jordanian nationality.

22. Recalling target 16.9 of the Sustainable Development Goals, t he Committee reiterates its previous recommendations and further urges the State party :

(a) To e nsure the right of all children, including asylum-seeking, refugee and migrant children, children of Palestinian origin, children of unmarried parents and children of non-Jordanian fathers, to be registered at birth and to have access to identification cards, without exception ; and to waive residency or overstay fines for children without regular residence status;

(b) To a mend the Nationality Law to remove legal barriers and strengthen legal pathways for all children, including children born to unmarried parents, non ‑ Jordanian fathers and Jordanian women of Palestinian origin, to acquire a nationality ; and to facilitate the acquisition of nationality for children who would otherwise be stateless;

(c) To p revent the withdrawal of nationality of Palestinian refugees and their children residing in the State party;

(d) To c onsider ratifying the 1954 Convention r elating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Freedom of expression, association and peaceful assembly

23. Noting with concern that the criminalization of criticism against the King or the G overnment under article 225 of the Criminal Code and a rticle 11 of the Cybercrime Law may restrict child ren ’s right to freedom of expression, including on social media, t he Committee recommends that the State party :

(a) Guarantee freedom of expression for all children, as provided under the Children’s Rights Act and the Convention;

(b) Ensure that children are supported and encouraged to form their own associations and initiatives.

Right to privacy and access to appropriate information

24. 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) Improve digital inclusion for children in disadvantaged situations and promote the equitability and affordability of online services and connectivity, including for distance learning, while ensuring that public services remain accessible to children who do not use or have access to digital technologies;

(b) Adopt the draft data protection law and ensure that laws and policies on access to information and the digital environment protect children from harmful content and materials and online risks;

(c) Develop regulations and safeguarding policies to protect the privacy and safety of children in the digital environment;

(d) Enhance the digital literacy, awareness and skills of children, teachers and families.

E.Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Corporal punishment

25.The Committee remains deeply concerned that corporal punishment is socially acceptable and parents may discipline their children within “general customs” under article 62 of the Criminal Code. While noting that legislation distinguishes between violence and discipline, the Committee is of the view that a clear and explicit legal prohibition of corporal punishment is essential for guaranteeing the right of children to freedom from all forms of violence.

26. Recalling its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment , t he Committee reiterates its previous recommendations and urges the State party :

(a) To e xplicitly prohibit, as a matter of priority, corporal punishment in law in all settings, including in the home, repeal the legal defence of discipline as “permissible under general customs” , and enforce the prohibition of corporal punishment in schools;

(b) To s trengthen awareness-raising campaigns for parents, children, teachers , and other professionals working with and for children , in order to promote attitudinal change concerning corporal punishment in all settings, to promote positive, non-violent and participatory forms of child-rearing and to underscore the adverse consequences of corporal punishment.

Abuse and neglect

27. Noting with appreciation the measures taken to combat violence against children and to strengthen mechanisms for reporting cases of domestic violence, t he Committee recommends that the State party :

(a) Adopt the national plan for 2024 – 2029 to end all forms of violence against children, and ensure that it: (i) includes specific, time-bound and measurable outcomes and indicators, specific roles and responsibilities of relevant actors , and a mechanism for monitoring and evaluation of the plan; and (ii) is supported by sufficient human, technical and financial resources for its implementation;

(b) Ensure the prompt and effective investigation of and intervention in all cases of violence against children, including abuse and neglect, and ensure that perpetrators are brought to justice and prosecuted;

(c) Ensure that all professionals working with and for children in the education, health, justice and other sectors receive specialized training on identifying and effectively responding to cases of violence against children, including on the implementation of the national operating procedures for the prevention of and response to violence;

(d) Strengthen community-based programmes aimed at preventing domestic violence and child abuse, with the involvement of children and tribal and religious leaders;

(e) Harmonize existing helplines for children into a single, three-digit, toll ‑ free 24-hour helpline, linked to the national framework on case management and referral pathways, for children to report violence and abuse, and promote awareness of how children can access the helpline.

Sexual exploitation and abuse and gender-based violence

28.The Committee notes with appreciation the State party’s decision in 2021 to become a global pathfinding country, and measures it has taken to combat sexual abuse and gender‑based violence against girls, which include the revocation of article 308 of the Criminal Code, but remains deeply concerned about:

(a)The lack of progress in repealing articles 97 to 99, 310, 340 and 345 bis of the Criminal Code, despite recommendations made by the Committee and other treaty bodies, and the fact that not all forms of gender-based violence are criminalized, contributing to a culture of impunity for perpetrators;

(b)The prevalence of sexual abuse and gender-based violence against girls, including killings in the name of so-called honour;

(c)The insufficient measures to prevent the revictimization of girls who are victims of gender-based violence, particularly those who are over 15 years of age;

(d)The insufficient capacities of professionals working with and for children to address cases of gender-based violence in a child-friendly, rights-based manner;

(e)Persistent patriarchal attitudes and discriminatory stereotypes, which cause gender-based violence and stigma for girls who report such violence.

29. 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, and targets 5.2, 16.1 and 16.2 of the Sustainable Development Goals , the Committee reiterates its previous recommendations and further urges the State party :

(a) To s trengthen legislation punishing gender-based violence, including by criminalizing psychological violence and repealing all legal provisions condoning gender-based crimes ;

(b) To e nsure that all perpetrators of gender-based crimes, including those committed in the name of so-called honour, are brought to justice with commensurate sanctions;

(c) To s trengthen measures aimed at addressing the root causes of sexual abuse and gender-based violence against children, including through mandatory segments in school curricula and awareness-raising measures in cooperation with community and religious leaders, with a view to eliminating persistent patriarchal attitudes, discriminatory stereotypes and stigma that deter girls who are victims and witnesses from reporting violence;

(d) To e nsure the effective implementation and monitoring of national plans and strategies on violence against children, gender-based and domestic violence , and child protection, including through sufficient resources, clear roles and responsibilities , and the training of the judiciary and prosecutors;

(e) To ensure confidential, child -friendly and community-based mechanisms for the reporting of cases of sexual abuse and gender-based exploitation , and to ensure that such children have prompt access to multisectoral remedies and comprehensive support and are not subjected to secondary victimization ;

(f) To ensure that all child victims of sexual exploitation and abuse and gender-based violence, including girls over 15 years of age, are treated as victims, receive adequate protection under the law and have access to remedies ;

(g) To provide training for the judiciary, the police and other relevant groups of professionals on child-sensitive procedures for addressing cases and supporting victims of gender-based violence ;

(h) To e nsure the systematic collection and analysis of data on sexual abuse, gender-based violence and online violence against children , and on cases that have been reported, investigated and prosecuted, in order to inform the implementation of related measures.

Harmful practices

30. The Committee recommends that the State party :

(a) Ensure that the national action plan on preventing child marriages addresses the root causes of child marriage, is adequately resourced and includes a multisectoral implementation plan, training of relevant professional groups , and awareness-raising campaigns with the involvement of boys and girls;

(b) Establish protection schemes for victims of female genital mutilation and conduct awareness-raising on its harmful effects on the well-being of girls, targeting non-Syrian refugee communities .

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

Family environment

31. The Committee notes with appreciation the amendments to the Personal Status Act but is concerned about persistent inequality in parenting responsibilities and discriminatory laws relating to polygamy, inheritance and custodial rights. The Committee recommends that the State party :

(a) Promote equal sharing of parental responsibilities between mothers and fathers, in accordance with article 18 (1) of the Convention, including by using awareness-raising campaigns and by expanding the use of paternity leave and flexible working arrangements for both parents ;

(b) Prohibit polygamous marriages and enforce such prohibition in practice, while addressing the emotional and material harm caused to children and their well ‑ being;

(c) Undertake further reform of the Personal Status Act and other relevant legislation, specifically with respect to inheritance and custodial rights , to ensure that men and women, and boys and girls, have equal rights , and that single mothers and children of unmarried parents have adequate support .

Children deprived of a family environment

32. T he Committee recommends that the State party :

(a) Adopt a national strategy and action plan for deinstitutionalization, with a specific budget , staff allocations , and measures for legal reform, for: (i) supporting and prioritizing family-based and community-based care options for children who cannot stay with their families; and (ii) strengthening support for families in vulnerable situations through child-sensitive social protection policies and services ;

(b) Introduce case management in care and protection work, including individual care plans, and ensure regular and substantive reviews of placements in alternative care and monitor the quality of care therein;

(c) Ensure that disability, divorce , migration status, or marital status of the mother are never the sole justification for family separation, including from single mothers, and that children are separated from their family only if it is in their best interests after a comprehensive assessment of their situation;

(d) Strengthen the capacity of professionals working with families and children, in particular social workers, to ensure family-based care responses and to enhance their awareness of the rights and needs of children deprived of a family environment;

(e) Put an end to the institutionalization of children under 3 years of age and ensure that they are preferably cared for in a family environment;

(f) Strengthen its system of foster care for children who cannot stay with their families, including by allocating sufficient financial resources and providing adequate training for foster parents;

(g) Facilitate the reunification of children with their families, including single mothers, when possible, by supporting them to overcome the difficulties they may face.

G.Children with disabilities (art. 23)

33. The Committee recommends that the State party :

(a) Allocate sufficient resources for the implementation of the strategy on deinstitutionali z ation of persons with disabilities and the development of family-based care options for children with disabilities ;

(b) Address any derogatory terms and descriptions used in law and/or policy in respect of persons with disabilities ;

(c) Ensure the collection of disaggregated data on children with disabilities and develop an efficient and harmonized system for disability assessment in order to facilitate access for children with all types of disabilities to accessible services, including education, health, social protection and support services ;

(d) Update its 10- year S trategy for Inclusive Education (2019–2029), which seeks to enrol only 10 per cent of the total number of school-age children with disabilities by 2031 ;

(e) Ensure the accessibility of public spaces, buildings, services and information for children with disabilities, and develop regulations for the application of the Persons with Disability Act, including with regard to reasonable accommodation ;

(f) Strengthen support for parents of children with disabilities and ensure the right of those children to grow up in their family environment, including by : (i)  increasing the availability of early detection and early intervention services ; (ii) ensuring the referral of children with disabilities to support services deemed necessary, including specialized and accessible health-care services; and (iii) providing supplementary income and social services for all children with disabilities;

(g) Strengthen support for the social integration and individual development of children with disabilities, including by providing capacity-building to child protection professionals on the rights and specific needs of children with disabilities and ensuring their access to personal assistance, rehabilitation and assistive devices;

(h) Take urgent measures to prevent abuse, neglect and violence against children with disabilities, and ensure access for victims to child-friendly reporting channels, reparation, and free assistance by interpreters, including in sign language;

(i) Strengthen awareness-raising campaigns to combat the stigmatization of children with disabilities and to promote a positive image of them as rights holders.

H.Basic health and welfare (arts. 6, 18 (3), 24, 26, 27 (1)–(3) and 33)

Health and health services

34. Noting with appreciation that children are entitled to free health services under the Children’s Rights Act, the Committee recalls targets 3.3 and 3.8 of the Sustainable Development Goals and recommends that the State party :

(a) Ensure that asylum-seeking, refugee and migrant children , children of Palestinian origin and children of non-Jordanian fathers have access to quality health services, including by ensuring that such children are issued with identification cards and providing clear guidance to health-care facilities on the eligibility of non- citizen children to access health services ;

(b) Promote breastfeeding and implement the International Code of Marketing of Breast - milk Substitutes;

(c) Strengthen measures to prevent mother-to-child transmission of HIV, combat the stigmatization of children with HIV/AIDS , prohibit the deportation of children and their families living with HIV/AIDS and ensure that they have access to antiretroviral therapy .

Mental health

35.The Committee recommends that the State party:

(a) Undertake a study on mental health among children to inform the development of a mental health programme dedicated to children that includes community-based , therapeutic mental health services and counselling in schools, homes and alternative care facilities , in cooperation with civil society and taking into account the views of children;

(b) Take measures to provide such services without stigmatization.

Adolescent health

36. Recalling its general comment No. 4 (2003) on adolescent health and development in the context of the Convention , and targets 3.7 and 5.6 of the Sustainable Development Goals, t he Committee recommends that the State party :

(a) Strengthen measures to provide adolescents with access to sexual and reproductive health services and information on family planning , modern contraception and menstrual hygiene;

(b) E nsure that relevant professionals receive appropriate training on the right of adolescents to sexual and reproductive health-care services ;

(c) Decriminalize abortion and ensure the access of adolescent girls to safe abortion and post-abortion care services, ensuring that their views are always heard and given due consideration as part of the decision-making process ;

(d) Expand the implementation of the toolkit on sexual and reproductive health to all schools and ensure that it provides comprehensive and age-appropriate education on gender equality and sexual and reproductive health rights;

(e) Strengthen obstetric care for pregnant adolescents to prevent maternal and neonatal mortality ;

(f) Provide adolescents with accurate information on the harmful effects of drug and substance abuse and with education on preventing such abuse .

Impact of climate change on the rights of the child

37. Recalling target 13.3 of the Sustainable Development Goals, t he Committee recommends that the State party :

(a) Ensure that children’s particular vulnerabilities, needs and views are considered in developing policies and programmes to address climate change and disaster risk management ;

(b) Increase children’s awareness of climate change and environmental degradation by incorporating environmental education into the school curriculum .

Standard of living

38. The Committee recommends that the State party :

(a) Strengthen measures to ensure that all children, including children living in informal settlements and asylum-seeking, refugee and migrant children , have an adequate standard of living, including by ensuring their access to adequate and long ‑ term social housing, to sanitation , and to social protection programmes including the National Aid Fund;

(b) Enable the parents of non-Syrian asylum-seeking and refugee children to apply for work permits without the conditionality of renouncing their international protection status ;

(c) Ensure that measures to combat poverty comply with a child rights -based approach .

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

Education, including vocational training and guidance

39.The Committee welcomes the measures to promote inclusive education and strengthen the education management information system, but is deeply concerned about:

(a)Persistent barriers faced by children in disadvantaged situations to accessing education, and high dropout rates and inadequate learning outcomes among such groups;

(b)The extremely low proportion of children with disabilities enrolled in mainstream schools;

(c)The prevalence of corporal punishment and violence in schools;

(d)Negative gender stereotypes in education that perpetuate discrimination against girls;

(e)The challenges faced by asylum-seeking and refugee children in accessing education, including long distances for travelling to schools.

40. Recalling targets 4.1, 4.2, 4.5 and 4.a of the Sustainable Development Goals, t he Committee recommends that the State party :

(a) Strengthen measures for ensuring equal access of children in disadvantaged situations , including asylum-seeking , refugee and migrant children, children of Palestinian origin , children with disabilities and children without a regular residence status, to public education free of charge , including by: (i) extending the exemption from providing identification for all non-Jordanian children, including non ‑ Syrian refugee children, to enrol in schools; and (ii) waiving the costs of education for non-Syrian refugee children ;

(b) Take targeted measures to address school dropout rates and the causes, giving particular attention to girls, children with disabilities and children from disadvantaged situations, including by: (i) ensuring that all children, including pregnant teenagers and adolescent mothers, are retained in and finish school; (ii) repealing the policy that prevents re-enrolment for children who have been out of compulsory education for at least three years and ensuring that all children can re ‑ enrol; and (iii) expanding the coverage of non-formal educational programmes for the large number of children who are out of school;

(c) Enhance educational opportunities and learning outcomes for both boys and girls at all levels, including through capacity-building of teachers and educational administrators;

(d) Ensure inclusive education in early childhood education and mainstream schools for all children with disabilities by adapting curricula and training and assigning specialized teachers and professionals in integrated classes, so that children with disabilities and learning difficulties receive individual support and due attention, and by ensuring reasonable accommodation within the school infrastructure;

(e) Combat violence in schools, including bullying and online violence, and ensure that such measures encompass prevention, early detection mechanisms, the empowerment of children and professionals, intervention protocols, awareness-raising on its harmful effects, and training for teachers on preventing and responding to violence in schools;

(f) Enforce effectively the prohibition of corporal punishment in schools, and ensure that children have accessible, confidential, child-friendly and effective reporting channels for such cases and that they do not face reprisals for reporting abuse;

(g) Eliminate discriminatory and negative gender stereotypes and patriarchal ideologies from school curricula and textbooks at all levels, enhance gender-sensitive and inclusive teaching practices, and diversify the educational and vocational choices of girls and boys;

(h) Further strengthen measures to facilitate access to education for asylum ‑ seeking and refugee children.

Human rights education

41. Recalling target 4.7 of the Sustainable Development Goals, t he Committee recommends that the State party strengthen the teaching of children’s rights and the principles of the Convention within the mandatory school curricula in all educational settings and in the training of teachers and education professionals, taking into account the World Programme for Human Rights Education .

Rest, leisure, recreation and cultural and artistic activities

42. The Committee recommends that the State party :

(a) Ensure the right of children to leisure, play, recreational activities, cultural life and the arts, including through safe and accessible playground spaces across the country ;

(b) Ensure that such activities are available and accessible for girls, children with disabilities, and asylum-seeking , refugee and migrant children .

J.Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b)–(d) and 38–40)

Asylum-seeking, refugee and migrant children

43.The Committee is deeply concerned:

(a)About the non-registration of asylum-seekers entering the State party from countries other than the Syrian Arab Republic;

(b)About barriers faced by asylum-seeking and refugee children, especially non‑Syrian children and children with disabilities, in accessing basic services;

(c)About article 37 of the Law on Residence and Foreigners’ Affairs, which permits the detention of asylum-seekers and refugees on the basis of their migration status; and that when migrant workers without a regular residence status are placed in detention, their children are placed in institutional care;

(d)About discrimination, violence, bullying and abuse experienced by asylum‑seeking and refugee children.

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

(a)Ensure, as a matter of urgency, that the Office of the United Nations High Commissioner for Refugees (UNHCR) is authorized to resume the registration of all non-Syrian asylum-seeking and refugee children and children of individuals seeking international protection ;

(b) Ensure the protection of Palestinian children and their families who fled the Syrian Arab Republic and ensure full respect for the fundamental principle of non ‑ refoulement ;

(c) Provide Palestinian children with durable solutions, including residence status and support for their social integration, and ensure that they are not subject to penalties and fines due to their residence status ;

(d) Prohibit the arrest and detention of asylum -seeking and migrant children on the basis of their or their parents’ migration status , and ensure alternatives to detention for migrant parents and their children ;

(e) Ensure that all asylum-seeking children, including children with disabilities, have prompt access to housing, education, health services, psychosocial and integration support , and reasonable accommodation;

(f) Investigate and prosecute cases of violence and abuse against asylum ‑ seeking and refugee children, and ensure access for victims to child-friendly reporting channels and remedies;

(g) Consider ratifying the 1951 Convention relating to the Status of Refugees and its 1967 Protocol .

Economic exploitation, including child labour

45. Recalling target 8.7 of the Sustainable Development Goals and its previous recommendations, t he Committee recommends that the State party :

(a) Allocate sufficient human, technical and financial resources for the multisectoral implementation of the national strategy for the elimination of child labour , and ensure that the Ministry of Social Development and the National Child Labour Task Force have the legal mandate and authority to implement and coordinate measures aimed at eliminating child labour ;

(b)Provide continuous capacity-building for law enforcement officials, labour inspectors , staff of anti-begging and child labour units and other relevant professionals on the implementation of the national framework for the elimination of child labour and related standard operating procedures ;

(c) Conduct awareness-raising activities among businesses and within the travel and tourism industry on the prevention of the exploitation of children, including child labour, and the relevant legislation ;

(d) Intensify labour inspections – including by increasing the number of labour inspectors – of the agricultural and informal sectors of economy and regarding domestic work, and ensure the imposition of sanctions in cases of infringement of the law ;

(e) Strengthen legal provisions for the protection of children in informal work, including domestic work, and consider ratifying the Domestic Workers Convention, 2011 (No. 189) of the International Labour Organization ;

(f) Strengthen measures to withdraw children from child labour and ensure their access to education and reintegration programmes ;

(g) Regularly collect data on the nature and extent of and trends in the worst forms of child labour, disaggregated by age, sex, refugee and migrant status and other relevant factors, in order to understand the scale of the problem and inform current and future policies and strategies ;

(h) Consider s eek ing further technical and financial assistance from relevant United Nations agencies in this regard .

Children in street situations

46. Recalling its general comment No. 21 (2017) on children in street situations, and its previous recommendations, the Committee recommends that the State party :

(a) Abolish offences that criminalize children in street situations, such as begging, and ensure that the rights of children in street situations are fully respected by law enforcement authorities and that they are not subjected to arbitrary detention ;

(b) Ensure that children in street situations have access to food, education, health care , housing, alternative care options and legal support, and establish mechanisms to prevent them from falling victim to trafficking and economic and sexual exploitation ;

(c) F acilitate the reunification of children in street situations with their families when possible, considering the ir best interests, and support their long-term education and developmental needs, including through psychological support services .

Trafficking

47. Recalling target 8.7 of the Sustainable Development Goals , the Committee recommends that the State party:

(a) Ensure the effective implementation of the national referral mechanism for child victims of trafficking , and ensure their access to psychological support , legal assistance and other support services ;

(b) Investigate and prosecute cases of trafficking of children and ensure appropriate convictions for perpetrators .

Administration of child justice

48. Recalling its general comment No. 24 (2019) on children’s rights in the child justice system , the Committee recommends that the State party :

(a) Raise the minimum age of criminal responsibility to 14 years of age ;

(b) Adopt the amended Juvenile Act and ensure that all children accused of having infringed the criminal law are dealt with in specialized child justice systems;

(c) Provide qualified and independent legal aid to all children alleged to have infringed the criminal law , or accused of or recognized as having infringed it, at an early stage of the procedure and throughout the legal proceedings ;

(d) Provide systematic training on children’s rights and child-friendly proceedings for the judiciary, lawyers, law enforcement officials and other relevant officials working with children in the justice system;

(e) Actively promote non-judicial measures, such as diversion, mediation and counselling, for children accused of criminal offences, and, wherever possible, the use of non-custodial sentences for children, such as probation or community service;

(f) Establish a limit for the duration of pretrial detention; avoid its use by ensuring that children arrested and deprived of their liberty are promptly brought before a competent authority to examine the legality of the deprivation of liberty or its continuation ; and ensure that it is regularly and judicially reviewed .

K.Follow-up to the Committee’s previous concluding observations and recommendations concerning the implementation of the Optional Protocols to the Convention

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

49. Recalling its 2019 guidelines regarding the implementation of the Optional Protocol and its previous recommendations, the Committee recommends that the State party :

(a) Explicitly define and criminalize all forms of the sale and sexual exploitation of children, in line with articles 2 and 3 of the Optional Protocol, including with regard to all forms of online sale and sexual exploitation and to the acts of producing, distributing, disseminating, selling or possessing child sexual abuse material as a form of sexual exploitation and abuse;

(b) Ensure the effective investigation of the sale of girls for the purpose of forced marriage, sexual exploitation and abuse, including in prostitution and in the tourism industry, and that such offences are punishable by appropriate criminal sanctions;

(c) Strengthen measures to prevent and address the online sale of children for the purpose of sexual exploitation and abuse, including through the training of the relevant professionals and by ensuring that Internet service providers are required by law to promptly block and remove online sexual abuse material;

(d) Ensure that children who are victims of offences covered by the Optional Protocol are treated as victims and receive child-friendly and specialized support services;

(e) Establish extraterritorial jurisdiction over all crimes covered by the Optional Protocol when the victim is a national of the State party.

Optional Protocol on the involvement of children in armed conflict

50. While noting the information provided by the State party that children are not recruited for use in armed forces, the Committee recalls its previous recommendations and recommends that the State party :

(a) Explicitly criminalize the recruitment, and the use in hostilities, of children under 18 years of age in the armed forces, and by non-State armed groups ;

(b) Extend extraterritorial jurisdiction for the crimes of recruitment and use of children in hostilities ;

(c) Establish a mechanism for the early identification of children who may have been recruited or used in armed conflict abroad and ensure that they receive support for their physical and psychological recovery and reintegration into society.

L.Ratification of the Optional Protocol to the Convention on a communications procedure

51. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, accede to the Optional Protocol to the Convention on a communications procedure .

M.Ratification of international human rights instruments

52. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Second Optional Protocol to the International Covenant on Civil and Political Rights , aiming at the abolition of the death penalty .

V.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 sixth periodic report and the present concluding observations be made widely available in the languages of the country .

B.Next report

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