COMMITTEE
ON THE RIGHTS OF THE CHILD
Eighth session
CONSIDERATION OF REPORTS SUBMITTED BY
STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Concluding observations of the Committee
on the Rights of the Child: Argentina
1. The Committee considered at its seventh
session the initial report of Argentina
(CRC/C/8/Add.2) at its 177th to 179th
meetings (CRC/C/SR.177, 178 and 179),
held on 10 and 11 October 1994. In view
of the fact that the additional report
which had been requested from the Government
of Argentina to supplement the information
contained in Argentina's initial report
was received just before the consideration
of the report, the Committee decided to
postpone the adoption of its concluding
observations until its next session. The
Committee therefore adopted* at its eighth
session the following concluding observations:
A. Introduction
2. The Committee expresses its appreciation
to the State party for engaging in a dialogue
with the Committee. The Committee notes
with regret that the report submitted
by the Government of Argentina does not
cover all rights enshrined in the Convention
and that it was not prepared in accordance
with the Committee's guidelines for the
preparation of initial reports. It notes
that the report mainly deals with the
legal framework and does not contain sufficient
information, either analytical or statistical,
on the actual implementation of the principles
and rights set forth in the Convention.
The extensive additional information submitted
by the Government came too late for the
Committee members to study and examine
before the discussion with the State party
delegation.
B. Positive aspects
3. The Committee notes with satisfaction
the declaration made by the State party
upon ratification in regard to article
38 that a prohibition exists in national
legislation on the use of children under
18 in armed conflicts.
4. The Committee also welcomes the establishment
of the National Council for Children and
Family, the development of a National
Plan of Action for Children as well as
the signing of a federal Pact for Mothers
and Children.
5. The Committee welcomes the efforts
undertaken by the Government of the State
party to publicise the Convention on the
Rights of the Child.
6. The Committee welcomes the incorporation
of the Convention on the Rights of the
Child, as well as other human rights treaties
ratified by Argentina, into the domestic
legal system and the high legal status
attributed to them by virtue of which
they are given precedence over national
laws.
7. The Committee notes with satisfaction
the successful immunisation programme
with 99 per cent coverage and the high
literacy rate - 95 per cent in 1990.
C. Principal subjects of concern
8. The Committee is furthermore concerned
about the reservations entered by the
Government of Argentina upon the ratification
of the Convention with respect to article
21(b), (c), (d), (e), due to their broad
nature.
9. The Committee is concerned that sufficient
administrative and other measures seem
not to have been taken to facilitate an
effective co-ordination of the implementation
of the Convention on local, regional and
national levels.
10. The Committee takes note of the disparity
of marriage ages for boys and girls in
Argentine law, which seems to be contrary
to the provisions of article 2 of the
Convention.
11. The Committee notes with special concern
the situation of children from vulnerable
and disadvantaged groups, such as disabled
children, abandoned children and children
living and/or working in the streets as
well as children belonging to households
living in poverty.
12. The Committee is also worried about
the high number of single mothers in Argentina
between the ages of 12 and 18 and about
reports on the occurrence of domestic
violence and sexual abuse.
13. The Committee notes the problems in
the schools, with high turnover of teachers
and children dropping out.
E. Suggestions and recommendations
14. The Committee recommends that the
Government of Argentina consider reviewing
the reservation entered upon ratification
of the Convention with a view to withdrawing
it. In that connection, the attention
of the State party is drawn to the Vienna
Declaration and Programme of Action adopted
by the World Conference on Human Rights
in June 1993 which encouraged States to
withdraw reservations to the Convention
on the Rights of the Child.
15. The Committee recommends that, given
the federal nature of the Argentine State,
a comprehensive approach be taken by the
Government in implementing the Convention,
particularly in assuring better co-ordination
between the various mechanisms and institutions
already in place to deal with the promotion
and protection of the rights of children.
Of importance, in that context, would
be the establishment of an appropriate
infrastructure at all levels and increased
co-ordination between efforts undertaken
at the local and provincial level with
those taken at the national level. It
is recommended that emphasis also be put
on the aspect of monitoring, including
through an ombudsman, and on co-operation
with non-governmental organizations working
for the rights of the child.
16. The Committee suggests that the budgetary
measures be reviewed with a view to ensuring
that the maximum amount of available resources
is allocated to promote and protect the
rights of the child at the federal, regional
and local levels.
17. The Committee recommends that further
efforts be made to ensure that personnel
dealing with children be provided with
adequate training which emphasizes the
principles and norms in the Convention
on the Rights of the Child.
18. The Committee suggests that a larger
part of the education and training of
law enforcement personnel, judges and
other administration of justice officials
be devoted to an understanding of international
standards on juvenile justice. The Committee
also recommends that juvenile courts be
set up in all provinces.
19. The Committee suggests that the State
party consider undertaking greater efforts
to provide family education and developing
awareness of the equal responsibility
of parents. Health education programmes
should be developed to counter the high
incidence of teenage pregnancy.
20. The Committee suggests that the State
party considers the possibility of introducing
more effective legislation and follow-up
mechanisms to prevent violence within
the family in the spirit of article 19.
21. The Committee also recommends that
further measures be taken by the Government
to reduce dropout rates in schools and
to ensure that the schools are adequately
staffed with qualified personnel. It is
also recommended that further steps be
taken to encourage the active participation
of children in the schools, as well as
outside, in the spirit of article 12 of
the Convention.
22. The Committee also recommends that
the report and the additional information
submitted by the State party, the summary
records of its consideration and the concluding
observations of the Committee be disseminated
as widely as possible within the country.
__________
* At the 208th meeting, held on 26 January
1995.