terça-feira, 29 de novembro de 2011

Portugal - Persistentes violações dos direitos das crianças

PORTUGAL: Persistent violations of children's rights
Date:11/11/2011
Organisation:Child Rights International Network
Resource type:Publication (general)

Summary:
The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.


Child Labour
UN Human Rights Committee
Last reported: 21 July 2003
Concluding Observations adopted: 31 July 2003
The Committee notes with concern that, despite numerous protective legislative measures, the proportion of juvenile workers has increased in Portugal since 1998 and that no statistics have been gathered regarding the worst forms of child labour. The Committee calls on the state party to: (a) Intensify its efforts to eliminate child labour, conduct studies on the existence of the worst forms of child labour and strengthen the effectiveness of its supervisory system in this area. In its next periodic report, the State party should provide the Committee with detailed information regarding the practical application of article 24 of the Covenant, including on criminal and administrative sanctions which have been pronounced (paragraph 19).
UN Committee on Economic, Social and Cultural Rights
Last reported: 14 and 15 November 2000
Concluding Observations adopted: 24 November 2000
The Committee expresses its concern about the occurrence of child labour in breach of the State party's international obligations, in particular, its obligations under the Covenant. The Committee calls on the state party to: (a) Strictly implement the measures at its disposal to monitor and impose the appropriate penalties on persons or companies using child labour (paragraphs 10 and 21).
Universal Periodic Review (December 2009)
A - 5. Undertake to study the underlying causes of the street children phenomenon, including the scope of the problem, and consider developing comprehensive measures to address those causes (Malaysia); take all necessary measures to prevent children from living on the streets and protecting them against child labour and other risks they are exposed to (Netherlands); (accepted)
A - 2. Have the Ministry of Labour and Social Solidarity examine further measures to prevent unlawful child labour, including the possibility of sector specific enforcement policies that target vulnerable populations, such as Roma street children (United States); (accepted)
Children in poverty
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
[T]he Committee remains concerned that there is no information indicating that priority is given to the implementation of children's social rights in the budgets of the State party at national, regional and local levels.
With a view to achieving full application of article 4 and to eradicate poverty, the Committee urges the State party to consider ways in which respect can be guaranteed for the rights of all children including children from disadvantaged backgrounds and from isolated communities, in particular in the sectors of health, education and other social welfare services and in conformity with article 2 (paragraphs 10 and 11).
UN Committee on Economic, Social and Cultural Rights
Last reported: 14 and 15 November 2000
Concluding Observations adopted: 24 November 2000
The Committee regrets that approximately one fifth of the population of the State party still lives below the poverty line and that no comprehensive study of the problem of poverty has been undertaken by the State party. The Committee calls on the state party to: (a) Review its general strategy for the eradication of poverty and step up its activities to combat it (paragraphs 8 and 16).
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
The Committee is concerned at the feminisation of poverty in the State party and notes that 57 per cent of women are beneficiaries of the non-contributory social security scheme and that 36 per cent of families receiving the guaranteed minimum income are women living alone or women supporting children. While acknowledging the benefit for women of the 2005 law on Solidarity Complement for the Elderly, the Committee is concerned, in particular, at the vulnerability of elderly rural women to poverty. The Committee calls on the state party to: (a) Closely monitor the incidence of poverty among women, include specific women-oriented measures into its anti-poverty schemes and monitor their impact so as to combat poverty among women in general, and vulnerable groups of women in particular, including elderly rural women (paragraphs 44 and 45).
Universal Periodic Review (December 2009)
A - 14. Continue strengthening efforts to ensure respect for the right to nondiscrimination of children in the country, in particular children and families living in poverty and children of minority groups, including the Roma (Malaysia); (accepted)
Education: high drop-out rate and regional disparities
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
The Committee remains concerned at:
  • The relatively high drop-out and repetition rates in primary and secondary schools, with only 32 per cent of children completing primary school without having repeated a class and a drop out rate of 22.9 per cent at the 9th grade level
UN Committee on Economic, Social and Cultural Rights
Last reported: 14 and 15 November 2000
Concluding Observations adopted: 24 November 2000
The Committee notes with concern the relatively high school drop-out rates and the rate of high illiteracy in the State party. The Committee calls on the state party to: (a) Intensify its campaign against the persisting problem of illiteracy in the State party (paragraphs 15 and 23).
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
The Committee is concerned at the high rate of illiteracy and the low level of formal education among rural women. It is particularly concerned that only 0.2 per cent of women farmers have formal vocational training in agriculture and only 0.3 per cent a polytechnic or university degree in this field. The Committee calls on the state party to: (a) Continue its efforts to strengthen rural women's and girls' access to education and formal vocational training and to encourage them to pursue their education after primary school. The Committee further recommends that the State party take targeted measures to ensure that women working on family farms have real possibilities to acquire formal training in farming to enhance their economic empowerment. The Committee also recommends that the State party provide concrete information on education, vocational training, employment, and self-employment opportunities of younger rural women in its next periodic report (paragraphs 48 and 49).
Universal Periodic Review (December 2009)
A - 34. Continue the implementation of plans to reduce schools desertion rates, particularly at the secondary level (Chile);
Trafficking of children
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
While acknowledging the measures taken by the State party to combat trafficking in women and children, including the adoption of the First National Plan against Trafficking in Human Beings, the Committee is concerned at the continuing prevalence of this problem, the lack of information on the prosecution and punishment of alleged perpetrators, and the low number of places available in the one shelter provided for women victims of trafficking. The Committee urges the state party to: (a) Continue to strengthen its measures to combat all forms of trafficking in women and children in line with article 6 of the Convention. In this respect, the Committee urges the State party not only to ensure the prosecution and penalisation of traffickers, but also to take measures aimed at ensuring the protection and rehabilitation of women victims of trafficking, including through the establishment of additional shelters for victims (paragraphs 34 and 35).
UN Committee against Torture
Last reported: 14 and 15 November 2007
Concluding Observations adopted: 21 November 2007
The Committee notes with satisfaction that, under Act No. 23/2007 of 4 July 2007, victims of human trafficking can obtain residence permits, and welcomes the awareness-raising campaign launched by the State party to combat this problem. The Committee is, nonetheless, concerned about the extent of human trafficking, which affects a very high number of women, for the purposes of economic and sexual exploitation (art. 16). The Committee calls on the state party to: (a) Continue its efforts to combat human trafficking and should adopt the necessary measures to punish the perpetrators with appropriate penalties (paragraph 16).
Universal periodic Review (December 2009)
A - 16. Consider strengthening efforts to combat violence against women, including domestic violence and trafficking in women and children, by, inter alia, ensuring the full implementation of related laws and legislation (Malaysia); (accepted)
Sexual abuse of children
UN Committee on the Rights of the Child (November 2001)
The Committee notes the State party's recent initiative to develop mechanisms allowing doctors, teachers and other relevant professionals to lodge complaints of alleged sexual abuse or exploitation of children (Law 99 of 25 August 2001).
The Committee recommends that the State party:
  • Strengthen the monitoring of and collection of data on cases of abuse and neglect of children;
  • Make it mandatory for professionals to report to an appropriate body cases of abuse, including sexual abuse, and ensure the provision of appropriate training and adequate protection for professionals called upon to make such reports;
  • Ensure the provision of rehabilitation assistance to child victims of abuse. (paragraphs 30 and 31)
UN Committee on Economic, Social and Cultural Rights
Last reported: 14 and 15 November 2000
Concluding Observations: 24 November 2000
These phenomena are associated with the increase in drug trafficking and consumption and other criminal activities, which endanger the security and health of the population of the State party. The Committee calls on the state party to: (a) Intensify its efforts to prevent drug addiction among young people and impose appropriate penalties on persons who commit offences relating to paedophilia, child pornography and trafficking in women. The Committee also recommends that the State party give due consideration to ratifying ILO Convention No. 138 (minimum age) (paragraphs 13, 14, and 22).
Universal Periodic Review (December 2009)
A - 27. Strengthen efforts to prevent and punish the crimes of child prostitution, paedophilia and child pornography (Argentina); (accepted)
Domestic violence
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
The Committee is concerned at the continuing prevalence of violence against women and girls, including domestic violence. While welcoming the expansion of the network of shelters for women victims of violence to cover all administrative districts of the State party by the year 2010, the Committee notes with concern that sometimes these shelters may be used not only to accommodate women victims of violence, but also persons experiencing other social emergency situations. While noting the possibility of protective measures, such as electronic means of surveillance of the perpetrators subject to restraining orders and ban on their possession of firearms, the Committee is concerned that these measures seem not to be widely used by judges, and that no information on the use of such protective measures is systematically collected. The Committee calls on the state part to: (a) Accord priority attention to the adoption of comprehensive measures to address all forms of violence against women in accordance with its general recommendation 19. The Committee calls on the State party to ensure the full implementation of legislation on violence against women and the national plan against domestic violence, as well as the prosecution and conviction of perpetrators. The Committee also recommends that the State party disseminate information on domestic remedies available against acts of violence against women, and expand its training activities and programmes for the judiciary and public officials so as to ensure that they are sensitised to all forms of violence against women and are aware of all measures that can be taken to protect the victims. The Committee recommends that the State party ensure that a sufficient number of safe crisis centres and shelters are available to women victims of violence in all parts of the State party, staffed by expert personnel and provided with adequate financial resources for their effective functioning (paragraphs 32 and 33).
UN Committee against Torture
Last reported: 14 and 15 November 2007
Concluding Observations adopted: 21 November 2007
The Committee is concerned about reports received of numerous cases of domestic violence affecting women and children, as well as a high number of deaths among women due to such violence. Moreover, the Committee is deeply concerned at the Supreme Court decision of 5 April 2006, according to which "moderate corporal punishment of a minor by a duly entitled person for solely appropriate educational purposes is not illegal" in the family context (art. 16). The Committee calls on the state party to:(a) Strengthen its efforts to establish a national strategy to prevent and combat domestic violence against women and children. It should take the necessary legislative measures to prohibit corporal punishment of children in the family. The State party should: guarantee that women and children who have been victims of violence have access to complaints mechanisms; punish the perpetrators of these acts in an appropriate manner; and facilitate the physical and psychological rehabilitation of the victims. (B) Ensure that public law enforcement agents receive ongoing and targeted training on the issue of violence against women and children (paragraph 15).
Universal Periodic Review (December 2009)
A - 17. Strengthen its efforts to ensure that the laws prohibiting violence against women and children are enforced (Sweden); (accepted)
A - 20. Implement educational measures from early childhood rejecting all types of domestic violence and promote the reporting of cases of domestic violence (Spain); (accepted)
A - 24. Establish mechanisms to disseminate information about the consequences of acts of violence against children (Angola); (accepted)
Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
Noting its 1995 concluding observations, the Committee is concerned that corporal punishment continues to be practised within the family, there is a lack of legislation prohibiting such punishment, and that insufficient measures have been adopted to prevent corporal punishment in this context (paragraph 26) .
UN Committee against Torture
Last reportred: 14 and 15 November 2007
Concluding Observations adopted: 21 November 2007
[T]the Committee is deeply concerned at the Supreme Court decision of 5 April 2006, according to which "moderate corporal punishment of a minor by a duly entitled person for solely appropriate educational purposes is not illegal" in the family context (art. 16). The Committee calls on the state party to:(a) Strengthen its efforts to establish a national strategy to prevent and combat domestic violence against women and children. It should take the necessary legislative measures to prohibit corporal punishment of children in the family. The State party should: guarantee that women and children who have been victims of violence have access to complaints mechanisms; punish the perpetrators of these acts in an appropriate manner; and facilitate the physical and psychological rehabilitation of the victims. (B) Ensure that public law enforcement agents receive ongoing and targeted training on the issue of violence against women and children (paragraph 15).
Insufficient sexual and reproductive education
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
Noting the establishment of a network functioning in cooperation with the Ministries of Health and Education toward education on adolescent health, the Committee remains concerned that the incidence of teenage pregnancies remains high and at the absence of data on abortions.
The Committee recommends that the State party:
  • Take steps to address adolescent health concerns, including teenage pregnancy and sexually transmitted diseases, through, inter alia, sex education, including about birth control measures such as the use of condoms
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
While welcoming the new legislation relating to the voluntary interruption of pregnancy within the first 10 weeks, the Committee is concerned at the low awareness among younger women of this legislation. It is also concerned that some women may encounter difficulties in availing themselves of the new regulations given the fact that health-care personnel may decide not to perform an interruption of pregnancy on the basis of their conscience (paragraphs 42 and 43).
High prevalence of HIV/AIDS
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
Noting the launching of the State party's Health Education Programme to address, inter alia, HIV/AIDS, the Committee remains concerned at the incidence of HIV transmission, including mother-to-child transmission, and at the high incidence of AIDS (10.4 cases per 100,000) in the State party.
The Committee recommends that the State party:
  • Continue to strengthen its HIV/AIDS prevention programmes, including safe sex education programmes;
  • Increase interventions at primary health-care level aimed at limiting mother-to-child transmission of HIV. (paragraphs 40 and 41)
UN Committee on the Elimination of Discrimination against Women
Last reported: 3 November 2008
The Committee is concerned at the high HIV/AIDS prevalence among women in Portugal and the fact that a very low percentage of the population, i.e. only 13 per cent in 2005, use condoms as a contraceptive method. The Committee calls on the state party to: (a) Promote sexual health education targeted at adolescent girls and boys, and ensure access to sexual health information and all services, including those directed at interruption of pregnancies, for all women and girls. The Committee also requests the State party to provide, in its next report, sex-disaggregated data on health and the provision of health care and more information and data on the prevalence of, and measures taken against, sexually transmitted diseases, including HIV/AIDS, among women (paragraphs 42 and 43).
Children in street situations
UN Committee on the Rights of the Child (Concluding Observations, November 2001)
In light of its 1995 concluding observations, the Committee remains concerned at the number of children in the State party's main cities.
The Committee recommends that the State party:
  • Study the causes of children living on the street and the scope of the problem;
  • Develop and implement a comprehensive policy to address the causes of children living on the streets, including through assistance to families and efforts to address concerns with regard to adequate housing and access to education;
  • Strengthen its assistance to children currently living on the street, including with regard to health and education services, food and housing, drug abuse treatment and counselling;
  • Ensure that street children are informed of their rights and strengthen participation in achieving respect for them (paragraphs 48 and 49)
Universal Periodic Review (December 2009)
A - 5. Undertake to study the underlying causes of the street children phenomenon, including the scope of the problem, and consider developing comprehensive measures to address those causes (Malaysia); take all necessary measures to prevent children from living on the streets and protecting them against child labour and other risks they are exposed to (Netherlands); (accepted)
A - 13. Implement additional specific measures with a view to the total eradication of the phenomenon of street children and to ensure conditions for their full enjoyment of all human rights, particularly with regard to health, education, housing, food and others (Cuba); (accepted)


Organisation Contact Details:
Child Rights International Network
East Studio
2 Pontypool Place
London
SE1 8QF
Tel: +44 (0)207 401 2257 begin_of_the_skype_highlighting              +44 (0)207 401 2257      end_of_the_skype_highlighting
Email: info@crin.org
Website: http://www.crin.org/

Last updated 11/11/2011 07:20:27

Sem comentários:

Enviar um comentário