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UN Report on Britain

UN Report on Britain

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Published by Howard Friedman
Report of Committee on Rights of the Child.
Report of Committee on Rights of the Child.

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Published by: Howard Friedman on Jun 20, 2014
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07/30/2014

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Committee on the Rights of the Child
Concluding observations on the report submitted by the United Kingdom of Great Britain and Northern Ireland under article 12 paragraph 1 of the !ptional "rotocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography
#
1.The Committee considered the initial report of United Kingdom of Great Britain and  Northern Ireland (CRC/C/O!C/GBR/1" at its 1##$
nd
 and 1##%
rd
 meetings (see CRC/C/!R1##$ and CRC/C/!R1##%" held on %& 'a $&1)* and adopted at the 1+&1
th
meeting* held on 1% ,-ne $&1)* the folloing concl-ding oser0ations.
I$Introduction
$.The Committee elcomes the s-mission of the !tate parts initial report and its ritten replies to the list of iss-es (CRC/C/O!C/GBR/2/1/3dd.1". 4hile the Committee appreciates the constr-cti0e dialog-e held ith the !tate parts delegation* it regrets that the delegation neither incl-ded representati0es from !cotland and Northern Ireland nor  pro0ided information on the Bailiic5 of ,erse here the Optional rotocol has een recentl e6tended.%.The Committee reminds the !tate part that these concl-ding oser0ations sho-ld e read in con7-nction ith its concl-ding oser0ations on the !tate parts third and fo-rth  periodic report -nder the Con0ention on the Rights of the Child and initial report -nder the Optional rotocol on the in0ol0ement of children in armed conflict adopted in Octoer $&&#* contained in CRC/C/GBR/CO/) and CRC/C/O3C/GBR/CO/1* respecti0el. ).4hile noting that the !tate part has recentl e6tended the Optional rotocol to the territor of the Bailiic5 of ,erse in 3pril $&1)* the Committee is concerned that the Optional rotocol has not et een e6tended to all other British O0erseas Territories and Cron 8ependencies. The Committee recommends that the !tate part ta5e all meas-res to e6tend the Optional rotocol to these territories and incl-de information in its ne6t periodic report -nder the Con0ention* concerning the implementation of the Optional rotocol in these territories.
9
9
3dopted  the Committee at its si6t si6th session ($: 'a ;,-ne $&1)".
G<.
United Nations
CRC
/C/O!C/GBR/CO/1
Convention on theRights of the Child
8istr.= General1% ,-ne $&1)Original= <nglish
%&'%NC( UN(&I)(& '(R*I!N
 
CRC+C+!"*C+GBR+C!+1
II$General observations
"ositive aspects
>.The Committee elcomes the 0ario-s meas-res ta5en  the !tate part in areas rele0ant to the implementation of the Optional rotocol* incl-ding=(a"The adoption of the Rights of Children and ?o-ng ersons (4ales" 'eas-re in ,an-ar $&11 and Childrens Rights !cheme in 3pril $&1)* placing legal d-ties on all the 'inisters of the 4elsh Go0ernment to gi0e d-e regard to the rights and oligations in the Con0ention on the Rights of the Child and its Optional rotocols hen e6ercising an of their f-nctions@ ("The adoption of the Criminal ,-stice 3ct (Northern Ireland" $&1%* hich specificall addresses a n-mer of iss-es in relation to h-man traffic5ing@ and(c"The adoption of the A-man Transplantation (4ales" 3ct $&1% in ,-l $&1%* here amendments afforded children the choice of appointing a representati0e to e6press consent to organ donation. :.The Committee f-rther notes ith appreciation the !tate parts ratification of= (a"Con0ention on the Rights of ersons ith 8isailities (CR8" in ,-ne $&&+@ and("Optional rotocol to the Con0ention on the Rights of the ersons ith 8isailities in er-ar $&&+. .The Committee f-rther elcomes the progress achie0ed in the creation of instit-tions and the adoption of national plans and programmes that facilitate the implementation of the Optional rotocol* incl-ding=(a"The estalishment of a National Gro-p to tac5le !e6-al Diolence 3gainst Children and D-lnerale eople  the Aome Office* hich en0isions la-nching a ne national action plan in 3-t-mn $&1)@ and ("The g-idance on in0estigating child se6 offences p-lished  the National olicing Eead for <ngland and 4ales.#.The Committee f-rther notes ith appreciation that the !tate part has iss-ed a standing in0itation to the UN !pecial roced-res in 'arch $&&1.
III$&ata
&ata collection
+.The Committee is serio-sl concerned that the !tate part has not estalished a comprehensi0e data collection sstem to enale the identification* recording* referral and folloF-p at the national and local le0el of all offences -nder the Optional rotocol and to analse and assess progress in the implementation of the Optional rotocol. 4hile noting the e6istence of the National Referral 'echanism (NR'"* the Committee is concerned that the data are not disaggregated  region* are limited to the cases of child traffic5ing and that other offences co0ered -nder the Optional rotocol are not identified* recorded or folloedF-p. 1&.
)he Committee recommends that the *tate party develop and implement a comprehensive and systematic mechanism of data collection analysis monitoring and impact assessment of all the areas covered by the !ptional "rotocol throughout its  ,urisdiction including in *cotland and Northern Ireland$ )he data should be
2
 
CRC+C+!"*C+GBR+C!+1
disaggregated inter alia by se- age national and ethnic origin geographical location and socio.economic status /ith particular attention to children in the most vulnerable situations$ &ata should also be collected on the number of child victims provided /ith recovery assistance and the number of prosecutions and convictions disaggregated by the nature of the offence$ )he Committee also recommends that the *tate party coordinate data collection throughout its ,urisdiction and establish a system of common indicators /hen collecting data for different regions$
I'$General measures of implementation
General principles of the Convention on the Rights of the Child 0arts$ 2   and 123
4egislation
11.4hile noting the n-mero-s las adopted in relation to the Optional rotocol*  partic-larl in <ngland and 4ales* the Committee is concerned that s-ch efforts ha0e foc-sed almost e6cl-si0el on traffic5ing and that there is no comprehensi0e legislation that addresses all the offences co0ered -nder the Optional rotocol* s-ch as the sale of children. The Committee is f-rther concerned that the e6isting legislation has een de0eloped separatel and in a fragmented approach in the !tate parts de0ol0ed administrations* res-lting in inconsistencies in the application of the oligations -nder the Optional rotocol thro-gho-t its 7-risdiction. The Committee is f-rther concerned that certain offences listed -nder the !e6-al Offences 3ct $&&% for <ngland and 4ales and the !e6-al Offences (Northern Ireland" Order $&&# co0er children onl -nder the age of 1% or 1: ears hile children eteen 1: to 1# ears are left o-tside the amit of these las.1$.
)he Committee strongly recommends that the *tate party ensure that all types of offences under the !ptional "rotocolincluding the sale of children child traffic5ing child prostitution and child pornography are covered under a comprehensive piece of legislation and that it ensures a consistent application of all the obligations under the !ptional "rotocol throughout its ,urisdictionincluding in Northern Ireland and *cotland$ )he Committee specifically recommends that60a3)he definition of sale of children /hich is similar but not identical to that of traffic5ing in persons is amended in all national legislation of (ngland 7ales *cotland and Northern Ireland in order to ade8uately implement the provision on sale contained in the !ptional "rotocol9 and0b3 )he e-isting legislation particularly *e-ual !ffences %ct 2::the *e-ual !ffences 0Northern Ireland3 !rder 2::; and the proposed <odern *lavery Bill for (ngland and 7ales is amended and harmoni=ed to ensure that all children under the age of 1; years of age are protected against all types of offences covered under the !ptional "rotocol$National plan of action
1%.4hile elcoming the e6istence of 0ario-s plans of action in relation to the Optional rotocol* in partic-lar the 3ction lan on the 4or5 of the National Gro-p on !e6-al Diolence 3gainst Children and D-lnerale eople and A-man Traffic5ing !trateg* and the  proposed 'odern !la0er 3ction lan* the Committee is ne0ertheless concerned  the lac5 of a comprehensi0e plan and a -nified national strateg to address all iss-es co0ered -nder the Optional rotocol.

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