Relatórios Apresentados por Portugal aos Órgãos
de Controlo da Aplicação dos Tratados das Nações
Unidas em Matéria de Direitos Humanos
Concluding observations of the
Committee on the Rights of the Child: Portugal. 27/11/95. CRC/C/15/Add.45.
COMMITTEE ON THE RIGHTS OF THE CHILD, Tenth
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
44 OF THE CONVENTION
Concluding observations of the Committee on
the Rights of the Child: Portugal
1. The Committee considered the initial report
of Portugal (CRC/C/3/Add.30) at its 250th, 251st and 252nd meetings
(CRC/C/SR.250-252), held on 9 and 10 November 1995 and adopted*
the following observations:
2. The Committee notes that although the report
prepared by the State party was comprehensive in offering information
on the legislative framework for the implementation of the Convention,
it did not contain sufficient information on the actual implementation
of the provisions of the Convention throughout the country. The
Committee, therefore, wishes to express its appreciation to the
delegation which presented the report for its frank and self-critical
approach to answering the questions raised by the Committee and
for the helpful and valuable responses in clarifying the measures
being taken and considered for the implementation of the Convention.
It is the view of the Committee that the discussion and exchange
of views with the delegation was constructive and fruitful.
B. Positive factors
3. The Committee welcomes the political commitments
made by the State party's recently elected Government to implement
all the provisions and principles of the Convention in the country.
4. The Committee welcomes the decision taken
by the Government to improve the implementation of economic, social
and cultural rights, and notes with satisfaction the establishment
of a national minimum guaranteed income.
5. The Committee welcomes the steps undertaken
by the Government concerning education, i.e. an increase in the
budgetary allocation for education equivalent to 1 per cent of GDP
until 1999 and an increase in the network of pre-school facilities.
6. The Committee welcomes the establishment
of an ombudsperson ("Proveda de Justiça") and the creation in the
ombudsperson's office of a focal point on children's rights.
7. The Committee welcomes the fact that the
State party has indicated its intention to consider adhering to
the Hague Convention on Protection of Children and Cooperation in
Respect of Intercountry Adoption.
8. The Committee welcomes the fact that ratification
of ILO Convention No. 138 is currently being discussed with a view
to its ratification in the near future.
C. Principal subjects of concern
9. The Committee is concerned by the absence
of an efficient coordinating and monitoring mechanism that is able
to offer a systematic and comprehensive compilation of data and
indicators on all areas covered by the Convention and in relation
to all groups of children. Such a mechanism would facilitate coordination
and monitoring between the local, regional and national levels and
improve the implementation of all policies and programmes relating
to the rights of the child.
10. The Committee is concerned by the absence
of a systematic information policy for the dissemination of the
Convention among children and adults. It also expresses concern
about the insufficient training activities on the Convention, especially
for professional groups such as judges, lawyers, teachers, social
workers, doctors, law enforcement personnel, etc.
11. The Committee is concerned by the absence
of a permanent consultation mechanism that would permit effective
participation by the civil society, in particular non-governmental
12. With regard to article 4 of the Convention,
the Committee is concerned by the fact that the Government has not
yet fully implemented the economic, social and cultural rights of
the child to the maximum extent of available resources. The Committee
is also concerned that the State party's international cooperation
policies do not yet fully give priority to children.
13. With regard to article 2 of the Convention,
the Committee notes with concern that the principle of non-discrimination
is not fully implemented for girls, disabled children and illegal
immigrant children, non-accompanied children and children living
in rural areas, especially in the fields of education and health.
14. The Committee expresses its concern in
relation to the full implementation of the participatory rights
of children (art. 12 of the Convention).
15. The Committee is worried about the insufficient
measures adopted to prevent and fight abuse and corporal punishment,
in particular within the family.
16. With regard to article 17 of the Convention,
the Committee notes that access to appropriate information is not
always guaranteed for children, especially those living in rural
17. The Committee is concerned by the increasing
number of children living in the streets of the main cities and
the lack of information in this area.
18. The Committee is worried about the full
implementation of the Convention in the field of the administration
of juvenile justice.
D. Suggestions and recommendations
19. The Committee recommends that the State
party strengthen coordination and monitoring between the different
governmental mechanisms involved in children's rights, at national,
regional and local levels, with a view to ensuring effective implementation
of the Convention throughout the country and for all groups of children.
Closer cooperation with NGOs should be promoted.
20. In the framework of the United Nations
Decade for Human Rights Education, the Committee recommends that
the State party launch a permanent information campaign, both for
children and adults, on the Convention on the Rights of the Child.
The Government should consider incorporating the Convention into
the school curricula and take appropriate measures to facilitate
access by children to information produced for them. The Committee
suggests that the State party promote a comprehensive training programme
policy for professional groups such as teachers, social workers,
doctors, law enforcement personnel and immigrations officers.
21. The principle of non-discrimination should
be fully implemented by the State party; the Committee therefore
recommends that effective measures be taken to promote and improve
the situation of the most vulnerable groups of children, including
girls and disabled children, and that the rights of illegal immigrant
children and non-accompanied children be fully protected. Information
on children's rights should be made available to all refugee children
in their own language.
22. The Committee encourages the State party
to pursue its efforts with a view to ratifying ILO Convention No.
138 in the near future.
23. The Committee recommends that the authorities
take the necessary measures, including the implementation of a national
policy, to prevent abuse and corporal punishment of children, including
within the family.
24. The Committee recommends that measures
be taken to give appropriate support to all children living at risk,
especially children living on the streets. The Committee suggests
that a comprehensive study be undertaken by the authorities so that
they may be in a position to promote and implement policies and
25. With regard to juvenile justice, the Committee
recommends that all appropriate measures be taken to ensure full
compatibility with the principles and provisions of the Convention.
Alternatives to institutionalization and detention should be systematically
reviewed to ensure that those measure are taken only as a last resort.
26. The Committee encourages the State party
to pursue its efforts to implement the Convention in the territory
of Macau and encourages the submission of information on this process
to the Committee as soon as new developments occur.
27. The Committee encourages the State party
to disseminate widely the State party's report, the summary records
of the discussion of the report within the Committee and the Committee's
concluding observations. These documents might be brought to the
attention of Parliament and that the suggestions and recommendations
for action contained therein be followed up.
* At the 259th meeting, held on 17 November