Concluding Observations on the Combined Second and Third Periodic Reports of Haiti (CRC/C/HTI/CO/2-3)
Summary — The Committee on the Rights of the Child's concluding observations on Haiti, adopted 24 February 2016 after examining the combined second and third periodic reports.
Key Findings
- Considered at the Committee's 2068th and 2070th meetings on 15 January 2016, covering the combined second and third periodic reports.
- Records Haiti's ratification of ILO Convention 138 on minimum age in 2007 and Convention 182 on the worst forms of child labour.
- Welcomes the 2014 anti-corruption law while stating deep concern about the prevalence of corruption affecting children's rights.
- Includes a section on factors and difficulties impeding implementation of the Convention.
Full Description
The Committee on the Rights of the Child's concluding observations on Haiti, adopted 24 February 2016 after examining the combined second and third periodic reports. Treaty body observations are the one place where a state's own reporting is tested against evidence from other sources and answered on the record, which is why they read differently from any national report.
Full Document Text
Extracted text from the original document for search indexing.
United Nations CRC/C/HTI/CO/2-3
Convention on the Distr.: General
24 February 2016
Rights of the Child
Original: English
Committee on the Rights of the Child
Concluding observations on the combined second
and third periodic reports of Haiti*
I. Introduction
1. The Committee considered the combined second and third periodic reports of Haiti
(CRC/C/HTI/2-3) at its 2068th and 2070th meetings (see CRC/C/SR.2068 and 2070), held
on 15 January 2016, and adopted the following concluding observations at its 2104th
meeting (see CRC/C/SR.2104), held on 29 January 2016.
2. The Committee welcomes the submission of the combined second and third periodic
reports of the State party and the written replies to the list of issues (CRC/C/HTI/Q/
2-3/Add.1), which allowed for a better understanding of the situation of children’s rights in
the State party. The Committee expresses appreciation for the constructive dialogue held
with the high-level delegation of the State party.
II. Follow-up measures taken and progress achieved
by the State party
3. The Committee welcomes the ratification of or accession to the following
instruments:
(a) Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography, in 2014;
(b) International Covenant on Economic, Social and Cultural Rights, in 2013;
(c) Convention on the Rights of Persons with Disabilities and its Optional
Protocol, in 2009;
(d) Hague Convention on Protection of Children and Cooperation in respect of
Intercountry Adoption, in 2012;
(e) Inter-American Convention on the Elimination of All Forms of
Discrimination against Persons with Disabilities, in 2009;
* Adopted by the Committee at its seventy-first session (11-29 January 2016).
GE.16-02896(E)
*1602896*
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(f) International Labour Organization Convention concerning Minimum Age for
Admission to Employment, 1973 (No. 138), in 2007;
(g) International Labour Organization Convention concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999
(No. 182), in 2007.
4. The Committee notes with appreciation the adoption of the following legislative
measures:
(a) Law on the sale and trafficking of persons, in 2014;
(b) Law on the prevention and suppression of corruption, in 2014;
(c) The new adoption act of 29 August 2013;
(d) Act on paternity, maternity and filiation, of 12 April 2012;
(e) Act of 9 May 2012 on the organization and functioning of the Civil
Protection Office;
(f) Act of 13 March 2012 on the integration of persons with disabilities;
(g) Decree of 6 July 2005 amending the rules on sexual assault and eliminating
discrimination against women in that regard;
(h) Act of 7 May 2003 on the prohibition and elimination of all forms of abuse,
violence, ill-treatment or inhumane treatment against children.
5. The Committee welcomes the establishment or adoption of the following
institutional and policy measures:
(a) National action plan to prevent and respond to violence against children, in
2014;
(b) Anti-trafficking national plan of action, in 2014;
(c) National Counter-Trafficking Committee, in 2015;
(d) National Tripartite Committee against child labour, in 2013;
(e) Interministerial Human Rights Committee, in 2013;
(f) Working Committee on the integration of children in street situations in
school, in 2012;
(g) Adoption by the Social Welfare and Research Institute (IBESR) of a plan to
decentralize its services in nine departments, in 2012;
(h) Administrative measure regulating travel by minors and a memorandum of
understanding signed between the Social Welfare and Research Institute, the Brigade for
the Protection of Minors and the Directorate of Immigration and Emigration, in 2012;
(i) Strategic plan for the development of Haiti;
(j) Programme for free compulsory universal education, in 2012;
(k) National plan for the protection of Haitian children in difficult or vulnerable
situations, in 2007.
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III. Factors and difficulties impeding the implementation
of the Convention
6. The Committee notes the continuing effects of the 2010 earthquake and the political
instability in the State party, which impede the implementation of the rights enshrined in
the Convention.
IV. Main areas of concern and recommendations
A. General measures of implementation (arts. 4, 42 and 44 (6))
The Committee’s previous recommendations
7. The Committee recommends that the State party take all measures necessary to
address its previous recommendations of 2003 (CRC/C/15/Add.202) which have not
been implemented or not sufficiently implemented and, in particular, those related to
data collection (para. 16); dissemination and training (para. 20); best interests of the
child (para. 29); and respect for the views of the child (para. 31).
Legislation
8. The Committee notes with concern that the Child Protection Code and the
Framework Law reforming IBESR have not yet been adopted.
9. The Committee recommends that the State party expedite the adoption of the
Child Protection Code and of the Framework Law reforming IBESR without any
further delay.
Coordination
10. The Committee is concerned that there is no single government entity responsible for
the overall coordination of the policies, laws and programmes relating to children’s rights.
11. The Committee recommends that the State party establish an appropriate body
at a high interministerial level with a clear mandate and sufficient authority to
coordinate all activities related to the implementation of the Convention at the cross-
sectoral, national, regional and local levels. The State party should ensure that said
coordinating body is provided with the necessary human, technical and financial
resources for its effective operation.
Allocation of resources
12. The Committee notes with appreciation that resources allocated for the
implementation of children’s rights have increased. It is concerned, however, that these
resources remain largely insufficient, and that the national debt has further increased which
may have a limiting effect on allocation of resources to children. Furthermore, while
welcoming the adoption in 2014 of the law on the prevention and suppression of corruption,
the Committee is deeply concerned about the high prevalence of corruption.
13. In the light of its day of general discussion in 2007 on the theme “Resources for
the rights of the child: responsibility of States”, the Committee recommends that the
State party:
(a) Conduct a comprehensive assessment of the budget needs of children
and allocate adequate budgetary resources for the implementation of children’s rights
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and make sure that those budgetary lines are protected even in situations of economic
crisis, natural disasters or other emergencies;
(b) Take immediate measures to combat corruption and strengthen
institutional capacities to effectively detect, investigate and prosecute all allegations of
corruption and mismanagement of funds and bring those responsible to justice.
Data collection
14. The Committee reiterates its previous concluding observations (CRC/C/15/
Add.202, para. 16) and recommends that the State party develop a system of data
collection and indicators consistent with the Convention and disaggregated by sex,
age, and urban and rural area. This system should cover all children up to the age of
18 years, with specific emphasis on those who are particularly vulnerable. It further
encourages the State party to use these indicators and data in the formulation of
policies and programmes for the effective implementation of the Convention. It also
recommends that the State party take into account the conceptual and methodological
framework set out in the Office of the United Nations High Commissioner for Human
Rights (OHCHR) publication Human Rights Indicators: a Guide to Measurement and
Implementation when defining, collecting and disseminating statistical information
and seek technical assistance from, inter alia, the United Nations Children’s Fund
(UNICEF) and the United Nations Development Programme.
Independent monitoring
15. The Committee welcomes the establishment of the Office of the Protection of the
Citizen in 2012 and the establishment of a Child Protection Unit within the Office. It is
concerned, however, that the Office is insufficiently funded, that the Child Protection Unit
is understaffed and that children are not sufficiently aware of this mechanism.
16. In the light of its general comment No. 2 (2002) on the role of independent
human rights institutions in the promotion and protection of the rights of the child,
the Committee recommends that the State party ensure adequate funding of the
Office of the Protection of the Citizen, strengthen the Child Protection Unit, in
particular increase its staff, and ensure that children are sufficiently aware about the
ability of the Unit to receive complaints. It also recommends that the State party
continue to make efforts to ensure that the Office is in full conformity with the
principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles).
Dissemination, awareness-raising and training
17. The Committee reiterates its previous concluding observations (CRC/C/15/
Add.202, para. 20) and recommends that the State party:
(a) Strengthen its efforts to disseminate the principles and provisions of the
Convention as a measure to sensitize society to children’s rights through social
mobilization;
(b) Undertake systematic education and training programmes on the
provisions of the Convention for all professional groups working for and with
children, in particular parliamentarians, judges, lawyers, law enforcement officials,
civil servants, municipal and local workers, personnel working in institutions and
places of detention for children, teachers, health personnel, including psychologists,
and social workers;
(c) Seek technical assistance from, among others, OHCHR and UNICEF.
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Cooperation with civil society
18. The Committee, while noting certain initiatives taken by the State party, including
through the efforts made by the Working Group on Child Protection, remains concerned
that the State party has not developed a well-structured, systematic cooperation with civil
society. The Committee is furthermore deeply concerned about cases of violent attacks,
including rape, and death threats carried out against human rights defenders, and in
particular human rights defenders working on girls’ rights as well as lesbian, gay, bisexual,
transgender and intersex rights, and failure to investigate these crimes by the authorities.
19. The Committee urges the State party to ensure that all cases of violent attacks
and death threats carried out against human rights defenders are promptly and
independently investigated and that those responsible for such abuses are held
accountable and subject to commensurate sanctions. The Committee further
recommends that the State party strengthen its efforts and establish a well-structured,
systematic cooperation with civil society to set clear minimum standards for service
providing activities and ensure that the minimum standards are given the necessary
follow-up.
B. Definition of the child (art. 1)
20. The Committee notes with concern that according to article 133 of the Civil Code
girls may be married as of age 15 and boys as of age 18. Furthermore, the Committee notes
with concern that:
(a) The legal status of a child of 15 years of age may be waived by parental
decision, leading to his or her treatment as an adult under the law;
(b) A child engaging in marriage is automatically granted the status of majority,
which is irrevocable, including in the event of marriage dissolution, which may place a
child in a vulnerable situation, particularly girls who may be married at the age of 15.
21. The Committee recommends that the State party abolish article 133 of the Civil
Code and explicitly establish a minimum age of marriage of 18 for both girls and boys.
It furthermore recommends that the State party abolish the discretionary power of
the family to decide that a child has reached majority before attaining the age of 18
and ensure that all children can benefit from the full protection under the Convention
under all circumstances.
C. General principles (arts. 2, 3, 6 and 12)
Non-discrimination
22. While welcoming the adoption in 2014 of the Law on paternity, maternity and
filiation, which guarantees equal treatment of children born out of wedlock, the Committee
notes with concern that the law is not retroactive thereby excluding children born outside
wedlock before 2014 and that insufficient measures have been taken to implement the law,
in particular regarding DNA testing. Furthermore, the Committee is concerned about:
(a) Persistent discrimination against girls, subjected to gender stereotypes and
violence from the earliest stages of their lives;
(b) Ongoing de facto discrimination against children with disabilities, children in
street situations, children engaged in child labour and children born out of wedlock or
abandoned by their father, and discrimination, threats and attacks against lesbian, gay,
bisexual, transgender and intersex children.
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23. The Committee recommends that the State party take all necessary measures
to:
(a) Ensure effective implementation of the Law on paternity, maternity and
filiation, including by ensuring free access to DNA tests within a reasonable time
frame, as well as by raising awareness of the law, particularly among persons living in
remote areas;
(b) Ensure the retroactivity of the Law on paternity, maternity and filiation
in order to guarantee that it applies to children born before 2014;
(c) Eliminate societal discrimination against girls through public
educational programmes, including campaigns, organized in cooperation with civil
society organizations, opinion leaders, families and the media to combat the
stereotyping of gender roles and build the competence of teachers and other personnel
at all levels of the education system on gender equality;
(d) Undertake awareness-raising programmes, including campaigns, with a
view to eliminating discrimination against and social exclusion of children with
disabilities, children in street situations, children engaged in child labour, children
born out of wedlock or abandoned by their father and lesbian, gay, bisexual,
transgender and intersex children, protect them against all forms of attack and foster
an inclusive and tolerant environment in society, particularly in schools and other
spaces for children.
Best interests of the child
24. In the light of 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 concluding observations (CRC/C/15/Add.202, para. 29) and
recommends that the State party ensure that the principle of the best interests of the
child is reflected in all relevant legislation, policies, programmes and otherwise in the
implementation of the Convention. The Committee particularly recommends that the
State party abolish the rule of “correction paternelle”, which allows parents to place a
child in prison.
Respect for the views of the child
25. In the light of its general comment No. 12 (2009) on the right of the child to be
heard, the Committee reiterates its previous concluding observations (CRC/C/15/
Add.202, para. 31) and encourages the State party to ensure that children’s views are
given due consideration, in accordance with article 12 of the Convention, in the
family, at schools, in the courts and in all relevant administrative and other processes
concerning them through, inter alia, the adoption of appropriate legislation, the
training of professionals and the establishment of specific activities at schools.
D. Civil rights and freedoms (arts. 7, 8 and 13-17)
Birth registration and nationality
26. The Committee, while noting the efforts taken by the State party to ensure access to
birth registration, remains concerned that the number of children who are not registered
and/or who do not possess a birth certificate remains high. It is furthermore concerned that:
(a) Institutions involved in civil registration are insufficiently functional with
inadequately qualified employees and are underresourced, inter alia resulting in civil
registration officers frequently charging fees for birth certificates;
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(b) There are several cases of children having a birth certificate but not being
registered, or vice versa;
(c) Access to civil registration services in rural and remote areas is limited;
(d) Identification cards are not issued to children, which puts them at risk of
detention when crossing borders;
(e) The State party has not yet adopted the draft nationality law recognizing the
status of stateless persons and containing measures to prevent statelessness and the draft
Child Protection Code lacks provisions to prevent statelessness;
(f) Insufficient support is provided to undocumented children and families of
Haitian descent expelled from the Dominican Republic who have been denaturalized and
rendered stateless by the Dominican Republic.
27. The Committee urges the State party to step up its efforts to ensure that all
children are registered at birth including by establishing civil registration mechanisms
in hospitals and camps for internally displaced persons (IDP), encouraging the use of
mobile registration units, particularly in rural and remote areas, and by organizing
awareness-raising programmes, including campaigns. The Committee further
recommends that the State party:
(a) Ensure that all Civil Status Offices issue birth certificates free of charge;
(b) Ensure that registration and issuance of a birth certificate are combined;
(c) Allocate the necessary human, technical and financial resources to Civil
Status Offices, including training of employees;
(d) Increase the number of and access to Civil Status Offices in all parts of
the country, in particular in rural and remote areas;
(e) Revise its policies with a view to allowing children to obtain
identification cards;
(f) Adopt the draft nationality law and adopt corresponding civil
registration legislation, and furthermore ensure conformity of the draft Child
Protection Code with the nationality law and the Conventions concerning
statelessness;
(g) Immediately provide children of Haitian descent who have been expelled
from the Dominican Republic and their families with identity documentation;
(h) Accede to the 1954 Convention relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness.
E. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)
Torture and other cruel or degrading treatment or punishment
28. The Committee is seriously concerned about:
(a) Reported cases of torture of children in detention;
(b) Continuing and severe violence against children, including domestic
violence, particularly against those living in poverty and those engaged in domestic work,
and the insufficient intervention by the authorities in these cases;
(c) Absence of support by the State party to children of Haitian descent who
have reportedly become victims of torture by authorities of the Dominican Republic.
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29. The Committee draws attention to Sustainable Development Goal 16, target
16.1 on the significant reduction of all forms of violence and related death rates
everywhere, and urges the State party to take prompt measures to prohibit and
criminalize all forms of violence against children. It further recommends that the
State party:
(a) Promptly and thoroughly investigate all allegations of violence and
torture and prosecute those responsible for such acts and ensure they are
appropriately punished, in accordance with the seriousness of the crime;
(b) Establish a child-friendly mechanism enabling children in detention to
correspond on a confidential basis with outside judicial and complaints bodies and
install closed complaints boxes in prisons;
(c) Sensitize and train law enforcement personnel, social welfare officials,
prosecutors and judges on the reporting, investigation, prosecution and sanctioning of
cases of domestic and other forms of violence against children and guarantee child-
friendly reporting channels for such cases;
(d) Continue its efforts to adopt coordination protocols between the
authorities responsible for the protection of children at the border between the
Dominican Republic and Haiti, as well as protocols for the voluntary return of
migrant children, with guarantees of due process.
Gender-based violence
30. The Committee is gravely concerned about the high levels of gender-based violence,
including sexual and domestic violence, against women and girls, particularly those living
in IDP camps, as well as the widespread impunity enjoyed by the perpetrators. It further
notes with grave concern that the incidence of gender-based violence and sexual assault is
supported by gender-biased attitudes that blame the female victim. It is also deeply
concerned about:
(a) The frequent refusal by police officers, prosecutors and judges to investigate
cases of gender-based violence, including as a result of corruption;
(b) The fact that victims of gender-based violence need to present a medical
certificate in cases of rape in order to initiate criminal proceedings and are required to pay a
fee to have their case prosecuted;
(c) Pervasive violence against pregnant women and girls;
(d) The lack of comprehensive statistical data on gender-based violence against
women and girls.
31. The Committee raises attention to Sustainable Development Goal 5, target 5.2
on the elimination of all forms of violence against all women and girls in the public
and private spheres, including trafficking and sexual and other types of exploitation,
and urges the State party to ensure that allegations of crimes related to gender-based
violence are independently and thoroughly investigated and that perpetrators are
brought to justice. The State party should provide regular substantive training for
judges, lawyers, prosecutors, the police and other relevant professional groups on
standardized, gender- and child-sensitive procedures for dealing with victims and on
how gender stereotyping by the judiciary negatively affects strict law enforcement. It
also urges the State party to:
(a) Adopt specific legislation on gender-based violence so as to strengthen
the legal framework for the protection of women and girls against all forms of
violence and develop and implement clear guidelines and disciplinary sanctions to
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combat impunity and hold law enforcement officials accountable for corruption and
to encourage child victims of gender-based violence and their parents to report cases
to the police;
(b) Revise its legislation to ensure that a victim’s testimony is sufficient to
initiate criminal investigations into an act of rape or other forms of violence, and
ensure that the victim is not charged any fees in relation to the prosecution of gender-
based violence;
(c) Strengthen victim protection, assistance and rehabilitation, placing a
particular focus on the protection of pregnant women and girls, through the setting up
of a comprehensive care system for child victims of gender-based violence;
(d) Collect disaggregated data on gender-based violence against women and
girls as well as on the number of complaints, prosecutions and convictions and include
such data in its next report;
(e) Conduct large-scale awareness-raising and education programmes in
collaboration with civil society organizations, targeted at boys, girls, men and women,
in order to prevent gender-based violence and to combat the stigmatization of victims.
Corporal punishment
32. The Committee, while welcoming the adoption in 2014 of the national action plan to
prevent and respond to violence against children, is concerned that corporal punishment is
still extensively practised in all settings, including the usage of different forms of whips
against children, and widely accepted as a form of discipline. The Committee is also
concerned that the law prohibiting corporal punishment lacks clarity in terms of whether all
forms of corporal punishment are prohibited and that the existing prohibitions of corporal
punishment are insufficiently implemented, leading to frequent impunity for perpetrators.
33. In the light of its general comments No. 8 (2006) on the right of the child to
protection from corporal punishment and other cruel or degrading forms of
punishment and No. 13 (2011) on the right of the child to freedom from all forms of
violence, as well as the recommendations contained in the 2006 United Nations study
on violence against children (A/61/299), the Committee recommends that the State
party prioritize the elimination of all forms of violence against children. The
Committee urges the State party to:
(a) Explicitly prohibit corporal punishment in all settings and vigorously
enforce this prohibition and monitor the ban of corporal punishment in all settings on
a frequent basis;
(b) Raise awareness about the prohibition of violence among teachers,
including by developing a code of conduct for teachers and by training teachers on
positive and non-violent forms of discipline;
(c) Develop a comprehensive national strategy to prevent and address all
forms of violence against children;
(d) Promote positive, non-violent and participatory forms of child-rearing
and discipline and strengthen awareness-raising and education programmes,
including campaigns, on the prohibition of corporal punishment, including with the
involvement of children.
Sexual exploitation and abuse
34. The Committee welcomes the adoption in 2005 of the law on sexual aggression. It is
seriously concerned, however, about the high number of cases of sexual exploitation and
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abuse of children, which has further increased following the 2010 earthquake with a
significant number of cases affecting children in IDP camps. It also notes with concern that
perpetrators frequently enjoy impunity or receive light sentences. Furthermore, the
Committee is concerned about:
(a) A general reluctance to report cases of sexual exploitation and abuse of
children, the lack of protection for victims against stigmatization, exclusion and retaliation
from perpetrators, as well as the insufficient support for, discrimination against and/or
abuse of victims by the authorities;
(b) Parents often refusing to bring these cases to justice and accepting
compensation by the perpetrator instead or putting pressure on the victim to go and live
with the perpetrator;
(c) The high number of girls prostituting themselves in exchange for food,
medical supplies or baby care items, so-called “transactional sex”, as well as cases of
sexual exploitation of women and children by United Nations peacekeepers in these
scenarios;
(d) The lack of criminalization of marital rape;
(e) The vulnerability of children of single mothers to sexual abuse, including
rape, as they are left with strangers during working hours, particularly in IDP camps.
35. The Committee urges the State party to strictly enforce domestic laws
protecting children from sexual exploitation and abuse, to prosecute and punish
perpetrators with appropriate sanctions and to provide intensive training to police
personnel, the judiciary and other relevant professionals working with and for
children on the related laws, as well as to:
(a) Establish mechanisms, procedures and guidelines to ensure mandatory
reporting of cases of sexual exploitation and abuse of children and conduct awareness-
raising programmes, including campaigns, to combat the stigmatization of victims,
ensure accessible, confidential, child-friendly and effective reporting channels for such
violations and protect victims and victims’ families from any forms of retaliation;
(b) Prohibit any out-of-court settlements in cases of sexual exploitation and
abuse of children, including sending the victim to engage in a marriage or plasaj or
any other form of relationship with the perpetrator;
(c) Ensure adequate quality services, including free and timely access to
emergency contraception and HIV prophylaxis, as well as resources to protect,
compensate and rehabilitate child victims of sexual exploitation and abuse and
provide specific support to girls and single mothers living in poverty with a view to
preventing them from resorting to so-called “transactional sex”;
(d) Explicitly criminalize marital rape and ensure that it entails sanctions
equal to those for rape outside marriage;
(e) Ensure that working mothers can leave their children in adequate day-
care centres and collaborate with civil society organizations among others in
establishing these centres, including in IDP camps;
(f) Ensure the development of programmes and policies for the prevention,
recovery and social reintegration of child victims, in accordance with the outcome
documents adopted at the World Congresses against Commercial Sexual Exploitation
of Children.
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Gang violence
36. The Committee is concerned that the climate of fear, insecurity, threat and violence
linked to gangs, including kidnapping, impedes children from enjoying their childhood and
adolescence.
37. The Committee urges the State party to develop comprehensive strategies to
effectively tackle this problem. These strategies should not be limited to penal
measures but should also address the social factors and root causes of gang violence
and crime related to drugs among adolescents, including policies for social inclusion of
marginalized adolescents. The Committee also recommends that the State party
establish programmes providing gang members with assistance to leave gangs and be
reintegrated into society.
Harmful practices
38. The Committee notes with concern that cases of forced or arranged marriage
continue to occur in the State party, in particular in the event of rape or pregnancy.
39. In the light of its general comment No. 18 (2014) on harmful practices, adopted
jointly with the Committee on the Elimination of Discrimination against Women, the
Committee on the Rights of the Child recommends that the State party focus on
undertaking comprehensive awareness-raising programmes, including campaigns, to
foster understanding of the negative consequences of child marriage and to combat
negative societal attitudes towards underage unmarried pregnant girls and provide
adolescent mothers and their children with all necessary support and protection
against stigmatization and exclusion.
F. Family environment and alternative care (arts. 5, 9-11, 18 (1 and 2),
20, 21, 25 and 27 (4))
Family environment
40. The Committee notes with concern that article 189 of the Civil Code on parental
responsibility refers only to children of married parents. It also notes with concern that
fathers frequently refrain from fulfilling their parental responsibilities and mothers seldom
report these cases. Furthermore, it is concerned that the decree of 8 October 1982,
providing for the arrest of persons who do not abide by their obligation to pay an
alimentary pension, does not apply to unmarried couples.
41. The Committee recommends that the State party take all necessary measures to
ensure that mothers and fathers share equally the legal responsibility for their
children and that it:
(a) Revise article 189 of the Civil Code and the decree of 8 October 1982
with a view to ensuring that they apply to children of both married and non-married
parents;
(b) Raise awareness among mothers and fathers, particularly those living in
rural and remote areas, about their right to report a lack of payment of maintenance
and set up a national fund that would meet the maintenance obligations of defaulting
parents and subsequently recover outstanding payments;
(c) Support public awareness-raising programmes, including campaigns,
aimed at men and boys on the need to exercise responsible parenthood;
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(d) Ratify the Hague Convention of 23 November 2007 on the International
Recovery of Child Support and Other Forms of Family Maintenance, the Hague
Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations and
the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law,
Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and
Measures for the Protection of Children.
Children deprived of a family environment
42. While welcoming the establishment of a pilot programme by IBESR to place
children into foster families, the Committee is concerned about the lack of any mechanism
to monitor the treatment of children therein. It is furthermore concerned about the high rates
of children deprived of their family environment, further exacerbated by the 2010
earthquake, and also notes with concern that:
(a) A high number of children are in alternative care institutions despite having
one or both parents alive;
(b) The vast majority of alternative care institutions are privately run, often
operate without authorization and are insufficiently monitored and that many of these
institutions are profit motivated, using donor funds as a source of revenue, and actively
look for children to host while refraining from promoting family reunification;
(c) No measures have been put into place to support children of incarcerated
parents, including parents in pre-trial detention.
43. The Committee recommends that the State party support and facilitate family-
based care for children wherever possible, including by expanding the IBESR
programme with a view to establishing a national system of foster care, ensure
periodic review of the placement of children in foster families and monitor the quality
of care therein, including by providing accessible channels for reporting, monitoring
and remedying maltreatment of children. The Committee furthermore emphasizes
that financial and material poverty — or conditions directly and uniquely attributable
to such poverty — should never be the sole justification for removing a child from
parental care, for receiving a child into alternative care or for preventing a child’s
social reintegration. It further recommends that the State party:
(a) Ensure adequate safeguards and clear criteria, based on the best
interests of the child, for determining whether a child should be placed in alternative
care and develop an appropriate legislative and administrative framework for
reunification of children who are deprived of their family environment with their
families, taking into account the best interests of the child and providing psychosocial
and economic support to the families where necessary;
(b) Increase the proportion of publicly run alternative care institutions,
allocate adequate human, technical and financial resources to these institutions,
ensure that all privately run institutions are non-profit, officially registered and
subject to regular control and monitoring and ensure the full protection of children
residing therein;
(c) Provide all necessary support and care to children whose parents are
serving a prison sentence or who are in pre-trial detention, regularly review their
placement in alternative care, ensure that personal relations and direct contact with
the parent in prison is maintained and give due consideration to the circumstances in
which non-custodial sentences may be possible.
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Adoption
44. The Committee welcomes the ratification of the Hague Convention on Protection of
Children and Cooperation in respect of Intercountry Adoptions and the efforts made by the
State party to increase regulation of adoption, in particular the enactment of the law
reforming adoption in 2013. It is concerned, however, that the law has not yet been fully
implemented.
45. The Committee recommends that the State party adopt all necessary
administrative procedures necessary for effective implementation of the law and
ensure that sufficient human, technical and financial resources are made available for
that purpose. It also recommends that steps be taken to monitor implementation of
the law and to ensure that professionals responsible for adoption cases are fully
equipped with the technical expertise needed to review and process cases in the light
of the Hague Convention. It furthermore recommends that the State party strengthen
its efforts to encourage national adoptions.
G. Disability, basic health and welfare (arts. 6, 18 (3), 23, 24, 26, 27 (1-3)
and 33)
Children with disabilities
46. The Committee, while welcoming the adoption of the law on the integration of
persons with disabilities in 2010, notes with concern that children with disabilities, the
number of whom has increased following the 2010 earthquake, are subjected to
marginalization and social exclusion. The Committee is also deeply concerned about:
(a) The lack of access to basic services for the vast majority of children with
disabilities;
(b) The very limited access to education for children with disabilities, which is
only provided by a few special schools with poor infrastructure, which are not fully
accessible, as well as the insufficient measures taken to enable inclusive education;
(c) The lack of disaggregated data on children with disabilities.
47. In the light of its general comment No. 9 (2006) on the rights of children with
disabilities, the Committee urges the State party to adopt a human rights-based
approach to disability, set up a comprehensive strategy for the inclusion of children
with disabilities and undertake awareness-raising programmes targeting government
officials, the public and families to combat negative societal attitudes and
stigmatization of children with disabilities. The Committee further urges the State
party to:
(a) Take immediate measures to ensure that children with disabilities have
access to basic services, in particular health care, including early detection and
intervention programmes, and that all children who have been subjected to
amputations following the 2010 earthquake are provided with prostheses;
(b) Ensure that all children with disabilities have access to education, set up
comprehensive measures to develop inclusive education and ensure that inclusive
education is given priority over the placement of children in specialized institutions
and classes;
(c) Collect disaggregated and comprehensive data on children with
disabilities.
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Health and health services
48. While noting the efforts made by the State party to increase access to health
services, the Committee is concerned that more than half of the population does not have
access to basic health care and that the health sector is largely deficient and underresourced,
with insufficient health personnel, lack of public hospitals and lack of quality health care. It
furthermore notes with concern that:
(a) The rates of under-5 and neonatal mortality remain high, the latter being a
major cause of infant mortality;
(b) There is a high rate of child mortality owing to waterborne diseases, such as
typhoid, cholera and chronic diarrhoea;
(c) The rate of maternal mortality remains high, owing, inter alia, to the
insufficient number of skilled birth assistants.
49. The Committee draws the State party’s attention to its general comment No. 15
(2013) on the right of the child to the enjoyment of the highest attainable standard of
health and recommends that the State party take urgent measures to increase access
to and the quality of health services throughout the country, placing a particular focus
on rural and remote areas. To that effect, the Committee urges the State party to:
(a) Increase the portion of its annual budget devoted to health to at least 15
per cent and clearly define financing strategies, paying particular attention to children
under the age of 5;
(b) Address the lack of health staff by training, recruiting and retraining
qualified health workers and provide all parts of the country with accessible and high
‑quality health-care facilities;
(c) Undertake all necessary measures to reduce under-5 and neonatal
mortality rates, including by preventing infectious diseases and ensuring care for
newborns during the neonatal period and adequate resources to provide emergency
services and resuscitations in rural areas;
(d) Address the root causes of maternal mortality and decrease the maternal
mortality rate, including by adopting a comprehensive safe motherhood strategy
which prioritizes access to quality antenatal, postnatal and obstetric services,
including emergency obstetric care, and by establishing monitoring and accountability
mechanisms;
(e) Take all appropriate measures to prevent the spread of communicable
diseases, specifically typhoid and cholera, thereby placing a particular focus on
providing adequate sanitation and access to clean drinking water, particularly in
rural areas;
(f) Implement and apply the OHCHR technical guidance on the application
of a human rights-based approach to the implementation of policies and programmes
to reduce and eliminate preventable mortality and morbidity of children under 5
years of age (A/HRC/27/31) and the OHCHR technical guidance on the application of
a human rights-based approach to the implementation of policies and programmes to
reduce preventable maternal morbidity and mortality (A/HRC/21/22 and Corr.1
and 2);
(g) Seek financial and technical assistance from UNICEF and the World
Health Organization, among others, in this regard.
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Adolescent health
50. The Committee is concerned about the lack of access to reproductive health services,
contraceptives and prevention programmes for sexually transmitted diseases and
HIV/AIDS, as well as the high rate of adolescent pregnancies, and also notes with concern
the relatively high rate of new HIV infections among adolescents. It is also concerned that:
(a) Abortion is criminalized, except in the case of threat to the life of the mother,
which results in many girls resorting to unsafe abortions putting their lives and health at
risk;
(b) There is a high incidence of substance abuse among children and that
different forms of substances, tobacco and alcohol are easily accessible for children without
any control by the authorities, which is further exacerbated by the common practice of
parents sending their children to buy tobacco and alcohol for them;
(c) Alcohol is sold in the vicinity of schools and children are frequently targeted
by alcohol commercials.
51. In the light of its general comment No. 4 (2003) on adolescent health and
development in the context of the Convention on the Rights of the Child, the
Committee recommends that the State party:
(a) Ensure that sexual and reproductive health education is part of the
mandatory school curriculum and targeted at adolescent girls and boys, with special
attention on preventing early pregnancy and sexually transmitted infections;
(b) Develop adolescent-sensitive counselling and sexual health services and
make them fully accessible to adolescents;
(c) Decriminalize abortions in all circumstances, review its legislation to
guarantee children’s access to safe abortion and post-abortion care services and
ensure that the views of the girl are always heard and respected in abortion decisions;
(d) Raise awareness of and foster responsible sexual behaviour, with
particular attention to boys and men;
(e) Strictly prohibit the sale of all forms of drugs, as well as of tobacco and
alcohol, to children, consider raising taxes on substances and ban all advertising
targeting children;
(f) Address the incidence of drug use by children and adolescents by, inter
alia, providing children and adolescents, as well as parents, with accurate and
objective information about the harmful consequences of substance abuse and with
life-skills education on preventing substance abuse, including tobacco and alcohol;
(g) Make mental health services available;
(h) Develop specialized youth-friendly drug-dependence treatment and
harm reduction services.
Environmental health
52. The Committee is concerned about the negative effects of polluted air in urban areas
in and around Port-au-Prince and Cap-Haïtien, caused mainly by traffic congestion, trash
burning, the use of charcoal for cooking and the use of diesel generators to produce
electricity. In this regard, the Committee also notes with concern that women and children
are particularly vulnerable to smoke-related illnesses due to women’s traditional cooking
responsibilities. Furthermore, the Committee is concerned that DDT
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(dichlorodiphenyltrichloroethane) pesticides, which have been linked to cancer, nerve
damage and reproductive defects, may still occasionally be used in the State party.
53. The Committee recommends that the State party:
(a) Take all necessary measures to reduce sources of air pollution, including
by establishing a waste and recycling management system and ensuring access to a
reliable electricity grid;
(b) Raise awareness among the population on how to reduce pollution in
everyday life and protect themselves against the consequences of air pollution;
(c) Take all possible measures to reduce women’s and children’s exposure to
indoor smoke, including by providing households with stoves with a more efficient
combustion;
(d) Ban the use of harmful pesticides and take the necessary measures to
ensure access to health care and services for children affected by pesticides.
Impact of climate change on the rights of the child
54. The Committee is concerned about the significant increase in frequency and
intensity of hurricanes and tropical storms, leading to flooding and erosion, as a result of
climate change.
55. The Committee draws attention to Sustainable Development Goal 13, target
13.5 on promoting mechanisms for raising capacity for effective climate change-
related planning and management. In particular, it recommends that the State party:
(a) Ensure that the special vulnerabilities and needs of children, as well as
their views, are taken into account in developing policies or programmes addressing
the issues of climate change and disaster risk management;
(b) Discontinue deforestation to reduce the impact of the climate change
consequences;
(c) Increase children’s awareness and preparedness for climate change and
natural disasters by incorporating these matters into the school curriculum and
teachers’ training programmes;
(d) Collect disaggregated data on types of risk faced by children with
respect to the occurrence of natural disasters in order to formulate international,
regional and national policies, frameworks and agreements accordingly.
Standard of living
56. The Committee, while welcoming the efforts made with regard to increasing food
security and decreasing rates of child malnutrition, notes with concern that food insecurity
and malnutrition remain prevalent among children. It is furthermore highly concerned
about:
(a) Widespread, extreme and increasing family poverty;
(b) The particularly poor housing situation, further exacerbated by the 2010
earthquake;
(c) The poor state of sanitation and insufficient access to safe drinking water.
57. The Committee draws attention to Sustainable Development Goal 1, target 1.3
on implementing nationally appropriate social protection systems and measures for all
and recommends that the State party continue to strengthen efforts to ensure food
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security and combat and prevent malnourishment and that it expeditiously adopt the
law on food fortification and ensure its effective implementation. It also recommends
that the State party:
(a) Develop, in consultation with families, children and children’s rights
organizations, a national poverty reduction strategy that establishes a coherent
framework identifying priority actions against the marginalization of children, with
specific and measurable objectives, clear indicators, deadlines and sufficient economic
and financial support;
(b) Step up its efforts to ensure that all families are provided with adequate
and affordable housing;
(c) Prioritize provision of drinking water and sanitation services in
reconstruction activities, take all appropriate measures to ensure that the population
has access to treated drinking water and raise awareness among the population on
how to treat water in order to make it suitable for consumption.
H. Education, leisure and cultural activities (arts. 28-31)
Education, including vocational training and guidance
58. The Committee welcomes the measures adopted in the context of the policy of mass
education. It is, however, concerned that efforts remain largely insufficient and that only a
limited number of the targets of the operational plan have been achieved. While welcoming
efforts made, the Committee is also deeply concerned that a significant number of children
still do not have access to education, in particular children in street situations, children with
disabilities, children in conflict with the law, children in remote areas, children engaged in
labour, internally displaced children and children who have been expelled from the
Dominican Republic. It also notes with concern that:
(a) The later children enter schooling, the shorter the time they benefit from the
Programme for Free Compulsory Universal Education, which aims at providing education
for children between 6 and 12 years of age;
(b) Disparities remain in access to education between girls and boys and in
particular between rural and urban areas;
(c) Pregnant girls, young mothers and rape victims are frequently forced or
pressured to drop out of school;
(d) Educational infrastructure is poor, schools are poorly equipped, particularly
in rural and remote areas, few teachers are adequately qualified and salaries are not
regularly paid, leading to frequent cancellation of classes;
(e) The education sector is dominated by private schools, which are often not
officially authorized or monitored by the authorities and which charge high fees,
exacerbating existing structural discrimination in access to education, particularly affecting
children in poverty;
(f) “Ghost schools” have mismanaged funds received in the context of the
Programme for Free Compulsory Universal Education;
(g) The National Office for Partnership in Education, which is supposed to
improve the public-private partnership, is not operative.
59. The Committee reminds the State party of its primary responsibility for
guaranteeing and regulating education and urges the State party to provide for free
access to primary education and to take all necessary measures to guarantee access to
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education for children in vulnerable situations. It also recommends that the State
party:
(a) Prevent and eliminate gender and urban-rural disparities in school;
(b) Explicitly prohibit expulsion of pregnant teenagers, adolescent mothers
and rape victims from school, eliminate any form of discrimination they may face in
their access to education and ensure that they are fully supported and assisted in
continuing their education;
(c) Increase the budget allocated to education, rehabilitate the
infrastructure of the educational system, including by building additional schools and
ensuring that schools are adequately equipped;
(d) Ensure that teachers are adequately qualified, expand and improve both
pre-service and in-service teacher training and provide adequate salaries for teachers
paid in a timely manner;
(e) Establish a comprehensive regulatory framework for and regularly
monitor private education providers, so as to ensure that they comply with quality
standards, regularly report on their financial operations to relevant authorities,
including on school fees and salaries, and do not engage in for-profit education;
(f) Ensure that public-private partnerships do not impede access to quality
education for all children and guarantee that they do not serve private interests or
entail any form of commercialization of education.
I. Special protection measures (arts. 22, 30, 32, 33, 35, 36, 37 (b-d)
and 38-40)
Children in migration
60. The Committee is seriously concerned about the extremely difficult living
conditions, including significant health problems, in particular diarrhoea, fever and severe
spread of cholera, undernutrition, lack of adequate drinking water and sanitation and the
particularly poor housing, in makeshift camps of Haitians, among stateless families of
Haitian descent and Dominican-born children of undocumented Haitian migrants, as well as
unaccompanied children who have been expelled from the Dominican Republic.
61. The Committee urges the State party to take prompt measures to provide
children and their families who have been expelled from the Dominican Republic with
access to adequate nutrition, water, sanitation, housing and health care. It should
furthermore ensure assistance to and protection of unaccompanied children, drawing
upon the principles set out in general comment no. 6 (2005) on the treatment of
unaccompanied and separated children outside their country of origin. The
Committee also recommends that the State party strengthen cooperation with
authorities from the Dominican Republic to ensure that relocation to Haiti takes place
in a manner that respects the human rights of children and their families.
Economic exploitation, including child labour and exploitation
of child domestic workers
62. The Committee welcomes the establishment in 2013 of the National Tripartite
Committee against child labour. It is concerned, however, about the high number of
children engaged in child labour, including in agriculture, street vending and construction,
and also notes with concern that article 340 of the Labour Code prohibiting the employment
of a child under 15 years of age is rarely enforced. Furthermore, the Committee, while
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noting the efforts taken by the State party to criminalize the exploitation of child domestic
workers (so-called “restavèks”) is concerned that the number of child domestic workers
remains high. It also notes with concern that:
(a) Many child domestic workers are forced to work in slavery-like conditions,
are subjected to physical, emotional and sexual abuse by their host family and are
frequently malnourished and stunted;
(b) Children from poor families are particularly vulnerable to having to work as
child domestic workers, as parents who cannot feed their children often see sending their
child away as a domestic worker as their only choice;
(c) The death of a parent seems to be a further push factor for a child to be engaged
as a child domestic worker and their number further increased after the 2010 earthquake;
(d) Many children in domestic service who escape this condition start living in
the streets and/or are forced into prostitution, begging and street crime.
63. The Committee recommends that the State party vigorously enforce the law
prohibiting the employment of children under 15 years of age and criminalize the
practice of placing children in domestic service, undertake legal amendments to ensure
that the law entails adequate punishments and provide training to law enforcement
professionals on these laws. It furthermore recommends that the State party:
(a) Continue and strengthen efforts to eradicate child labour, particularly in
its worst forms, by addressing the root causes of economic exploitation through
poverty eradication and education;
(b) Step up efforts to adopt the list of hazardous types of work which is
currently under preparation;
(c) Identify child domestic workers and children engaged in other types of
labour, ensure their immediate release and ensure that they are offered services for
their physical and psychological recovery and social reintegration, including access to
education, and encourage and facilitate family reunification if that would be in the
child’s best interest;
(d) Conduct awareness-raising programmes, including campaigns, to change
the public perception of using children as domestic workers in order to understand its
illegal nature and that it constitutes a form of child slavery;
(e) Establish social support programmes for families living in poverty and
single parent families so they do not feel compelled by economic circumstances to give
their children away;
(f) Seek technical assistance from the International Programme on the
Elimination of Child Labour of the International Labour Organization (ILO);
(g) Consider ratifying ILO Convention No. 198 concerning Decent Work for
Domestic Workers (2011).
Internally displaced children
64. The Committee welcomes the considerable efforts of the State party to find lasting
solutions for children displaced by the 2010 earthquake, as well as the significant drop in
the number of IDPs. It is, however, deeply concerned about:
(a) The still high number of displaced children living in IDP camps or informal
settlements without adequate access to food, safe drinking water, sanitation, health care and
education;
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(b) Forced evictions of displaced children and their families living in IDP camps
or informal settlements, including through the use of threats, intimidation and violence, as
well as the lack of compensation or alternative housing for these children;
(c) The high levels of violence, including sexual violence, against children,
particularly girls, in IDP camps, as well as the lack of access to shelter for victims.
65. The Committee reminds the State party of the recommendations made by the
Special Rapporteur on the human rights of internally displaced persons
(A/HRC/29/34/Add.2) and urges the State party to review its policies regarding the
eligibility criteria for being considered an IDP to ensure that all children and their
families that have been displaced as a consequence of the 2010 earthquake are
provided with durable solutions. In particular, the Committee recommends that the
State party:
(a) Step up its efforts to provide adequate housing for internally displaced
children and their families living in IDP camps or informal settlements and ensure
that they have access to sufficient food, clean drinking water, sanitation, health care
and education;
(b) Adopt human rights-sensitive management of housing and land, taking
into account relevant international standards, including the basic principles and
guidelines on development-based evictions and displacement (see A/HRC/4/18, annex
I) and the “Voluntary guidelines on the responsible governance of tenure of land,
fisheries and forests in the context of national food security”, adopted by the
Committee on World Food Security of the Food and Agriculture Organization of the
United Nations in 2012;
(c) Take immediate measures to prevent all forms of violence against
displaced children, including by ensuring that women and girls have access to
separate lockable latrines and safe houses, as well as by increasing police controls and
providing functioning illumination in IDP camps and informal settlements;
(d) Carry out a country-wide profiling and needs-based assessment of IDPs
with a special emphasis on the situation of children and their location.
Children in street situations
66. The Committee is concerned about the increasing number of children in street
situations, further exacerbated by the 2010 earthquakes, who are vulnerable to forced
begging, sexual exploitation, including prostitution, sale and trafficking, and use by gangs.
67. The Committee recommends that the State party develop a comprehensive
strategy to protect children in street situations and promote and facilitate
reunification of children in street situations with their parents and other relatives or
alternative carers when that would be in their best interests. It also recommends that
the State party:
(a) Provide children in street situations with adequate nutrition and shelter,
as well as with health care, educational opportunities and adequate protection and
assistance;
(b) Identify the underlying causes of children living in street situations, such
as poverty, family violence, internal displacement, separation from family and lack of
access to education, with the aim of preventing and reducing this phenomenon. In this
regard, the Committee calls upon the State party to place a particular focus on the
specific vulnerability of girls in street situations to sexual abuse, exploitation and early
pregnancy;
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(c) Take all necessary measures to prevent children in street situations from
getting involved with and being used by gangs.
Sale, trafficking and abduction
68. The Committee welcomes the adoption of the law on the sale and trafficking of
persons in 2014, as well as the development of an anti-trafficking national plan of action. It
notes with concern, however, that the law is insufficiently implemented and that the State
party is a source, transit and destination country for child trafficking for the purpose of
forced labour and sexual exploitation, and is concerned about:
(a) The penal code not specifying a punishment for child kidnapping;
(b) Reported cases of child victims of trafficking being detained by law
enforcement officials;
(c) Many families having been separated without any record following the
earthquake, leading to the trafficking of several children, and about children in IDP camps,
children in unauthorized alternative care institutions, children in poverty, children in street
situations and children engaged in child labour remaining particularly vulnerable to being
trafficked;
(d) Adequate victim identification and referral procedures to provide assistance
to child victims of trafficking being very limited.
69. The Committee recommends that the State party take adequate measures to
vigorously implement the law and hold perpetrators of the sale of children, child
trafficking and abduction accountable for their offences, and adopt a comprehensive
policy with targeted measures to address the root causes of child trafficking, focusing
on children in the most vulnerable and marginalized situations. It also recommends
that the State party:
(a) Amend the penal code and ensure that child kidnapping is adequately
punished with a sanction commensurate to this crime;
(b) Vigorously implement victim protection policies introduced with the
2014 law and ensure that child victims of trafficking are always treated as victims and
not as criminals;
(c) Take all necessary measures to reunify children with their families when
this is in the children’s best interests;
(d) Proactively identify trafficking victims among children in vulnerable
situations;
(e) Define referral procedures for victims of trafficking and strengthen its
efforts to ensure physical and psychological recovery and social reintegration of child
victims of exploitation and trafficking.
Administration of juvenile justice
70. The Committee, while welcoming the increase in the number of juvenile judges,
notes with concern that juvenile courts exist only in Port-au-Prince and Cap-Haïtien, that
the juvenile court in Cap-Haïtien has not been formalized in law and that the number of
juvenile judges is still insufficient. It is furthermore concerned that:
(a) The relevant age for determining whether juvenile or adult law is applied, is
the age at which the child is judged and not when the crime was committed;
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(b) While the State party indicates that 13 is the age of criminal responsibility in
practice, this is not explicitly stipulated in law and children between the ages of 16 and 18
are judged as adults;
(c) Children in detention have reportedly been subjected to torture, their living
conditions in prison are very poor, they lack access to health care and they have particularly
limited access to education;
(d) Children are subjected to lengthy pre-trial detention and alternative measures
to detention are very limited;
(e) There is only one detention facility where children and adults are separated;
(f) Measures to provide psychological assistance to children in detention and for
rehabilitation and reintegration into society of children who have been in conflict with law
are lacking.
71. In the light of its general comment No. 10 (2007) on children’s rights in juvenile
justice, the Committee urges the State party to bring its juvenile justice system fully
into line with the Convention and other relevant standards and to:
(a) Undertake all necessary legal amendments and measures to ensure that
under all circumstances the relevant age for the application of juvenile law is the age
when the offence was committed;
(b) Explicitly specify the age of criminal responsibility of 13 years or more in
law and ensure that under no circumstances are persons under 18 years of age judged
as adults;
(c) Expeditiously establish sufficient specialized juvenile court facilities and
procedures with adequate human, technical and financial resources and increase the
number of juvenile judges;
(d) Eliminate and prosecute all forms of torture and ill-treatment against
children, improve living conditions in prison and ensure that detention conditions are
compliant with international standards, including with regard to access to education
and health services;
(e) Promote alternative measures to detention, such as diversion, probation,
mediation, counselling or community service, wherever possible, and ensure that
detention is used as a last resort and for the shortest possible period of time and that it
is reviewed on a regular basis with a view to withdrawing it;
(f) In cases where detention is unavoidable, ensure that children are not
detained together with adults;
(g) Ensure the access of children to psychological services in detention and
to rehabilitation and reintegration programmes following their detention.
72. To that effect, the Committee recommends that the State party make use of the
technical assistance tools developed by the Interagency Panel on Juvenile Justice and
its members, including the United Nations Office on Drugs and Crime, UNICEF,
OHCHR and non-governmental organizations, and seek technical assistance in the
area of juvenile justice from members of the Panel.
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J. Ratification of the Optional Protocol on a communications procedure
73. The Committee recommends that the State party, in order to further
strengthen the fulfilment of children’s rights, ratify the Optional Protocol on a
communications procedure.
K. Ratification of international human rights instruments
74. The Committee recommends that the State party, in order to further
strengthen the fulfilment of children’s rights, ratify the core human rights
instruments to which it is not yet a party, namely the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the Second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty; the International
Convention for the Protection of All Persons from Enforced Disappearance; and the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
L. Cooperation with regional bodies
75. The Committee recommends that the State party 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.
V. Implementation and reporting
A. Follow-up and dissemination
76. 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. The Committee also recommends that the combined second
and third periodic reports, the written replies to the list of issues of the State party
and the present concluding observations be made widely available in the languages of
the country.
B. Next report
77. The Committee invites the State party to submit its combined fourth to sixth
periodic reports by 7 January 2021 and to include therein information on the follow-
up to the present concluding observations. The report should be in compliance with
the Committee’s harmonized treaty-specific reporting guidelines adopted on 31
January 2014 (CRC/C/58/Rev.3) and should not exceed 21,200 words (see General
Assembly resolution 68/268, para. 16). In the event that a report exceeding the
established word limit is submitted, the State party will be asked to shorten the report
in accordance with the above-mentioned resolution. 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.
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78. The Committee also invites the State party to submit an updated core
document, not exceeding 42,400 words, in accordance with the requirements for the
common core document in the harmonized guidelines on reporting under the
international human rights treaties, including guidelines on a common core document
and treaty-specific documents (HRI/GEN/2/Rev.6, chap. I) and General Assembly
resolution 68/268 (para. 16).
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