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UPR III Cycle Report Submitted

19 Jul, 2020 | 14:27:01 | Kathmandu

Situation of Child Rights in Nepal

Child-centered UPR Reporting Coalition Nepal led by CZOP

Submission to the United Nations Universal Periodic Review 37th Session of the UPR Working Group of the Human Rights Council

 

METHODOLOGY

    1. This report is the outcome of two national-level consultations, seven provincial level consultations in seven provinces and four separate consultations with children, and gender and sexual minority children. All together 761 participants were consulted, including 236 child participants (Annex 6). Participants in the consultation meetings included representatives from the National Human Rights Commission, government offices, sexual and gender minorities, Dalit community, Madeshi community, indigenous people, journalists, lawyers, child rights workers, sexual and gender minorities, and rights activists.
    2. Separate consultations with children were carried out in all seven provinces. Selection and involvement of children were conducted following child participation and inclusion guidelines. 
  1. Communication and Children

Recommendation:

  1. Ratify the Optional Protocol to the Convention on the Rights of the Child on communication procedure.
  1. Constitutional and Legislative Framework

Recommendations:

  1. Take measures to eliminate discrimination on the basis of sex, gender, caste, class, geographical region and other forms in schools, families and communities.
  2. Amend the Domestic Violence Act, 2009 broadening the definition of sexual harm and domestic violence to include threats of violence, and all types of harm focusing on children.
  3. Amend the citizenship law to allow citizenship through either parent.
  4. Amend Child Labour Act 2000 incorporating measures for rescue, reparation, and reintegration.
  5. Establish effective child protection system in all levels with at least 10 percent investment to children.  
  1. Human Rights Institutions, Infrastructures and Policy Measures

Recommendations:

  1. Develop indicators of ‘best interest of the child’ as mentioned in Children’s Act 2018 for children in need of special protection.
  2. Develop guidelines and measures for the investment in children at all tiers of government, allocate at least 10 percent for the child protection and participation.
  3. Establish ‘independent’ child rights monitoring body.
  4. Accelerate enacting provincial and local level laws for the full protection of child rights.
  1. IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS OBLIGATIONS CONCERNING CHILD RIGHTS

Recommendations:

  1. Comply with international human rights obligations and effectively implement recommendations made by Committees on CRC, CEDAW and CRPD to protect children. 
  1. Right to life

Sex selective abortion

Recommendations:

  1. Develop measures for the effective implementation of restrictions on practices of sex selective abortion at all levels of government.
  1. Right to health, nutrition and development

Access to health service

Recommendations:

  1. Guarantee access to free healthcare for children for the effective implementation of laws, policies and directives.
  2. Take measures to ensure immunization without leaving anyone behind, particularly focusing on children at risk and need of special protection, especially in emergency situations.
  1. Right to education

                        Recommendations:

  1. Take actions to ensure free and compulsory education for all children.
  2. Guarantee access to free, compulsory and quality education up to basic level regardless of geographical locations, sex, gender, caste, class without leaving anyone behind, particularly focusing on CWDs, children at risk and need of special protection.
  3. Guarantee affordable and quality higher level education in all schools regardless of geographical locations.
  4. Increase access to education to all children, focusing on children who are in need of special protection.
  5. Implement nutritious midday-meal up to basic levels in all schools
  1. Right to protection

Recommendations:

  1. Social Security
  1. Amend the Social Security Act to expand the coverage of social security to all children regardless of their age based on children Act 2018 (section 48)
  1. Crimes against children
  1. Establish effective child protection mechanism in all levels with adequate human resources and invest to prevent, protect and response for the protection of child rights.
  2. Strictly enforce laws, policies and programs to ban corporal punishment against children in all settings.
  3. Increase the minimum age of criminal responsibility for children only after 15.
  4. Amend the legislation on rape to decriminalize factually consensual and non-exploitative sexual activity between adolescents of similar age.
  1. Children in correction homes

Recommendations:

  1. Increase and improve quality and facilities of juvenile correction homes.
  2. Develop correctional measures alternative to imprisonment for juvenile delinquents.
  1. Protection from Child Trafficking

Recommendation:

  1. Revise and bring HTTC Act, Rules, National Plan of Action and National Policy against trafficking as per federal structure of the country focusing children and adolescents.
  2. Amend HTTCA 2007 in line with Palermo Protocol addressing the issues of children incorporating the provisions on rescue, reparation, and reintegration. Incorporate perspective of child protection and involve all stakeholders to prevent child trafficking.
  1. Child Labour

Recommendations:

  1. Launch family strengthening programmes to end child labour.
  2. Prohibit worst forms of child labour and other child labour until the age of 16 and ensure effective implementation of legislation on the minimum wage for children as of adult, if they are legally allowed to work.
  3. Strengthen and operationalize Child Rights Committees at all levels, invest on them at least 10 percent of total budget and mobilize to prevent, detect and rehabilitate children at risk of abuse, exploitation, neglect and violence.
  4. Impose individual criminal responsibility against those who economically exploit children, ensure sufficient human and financial resources to monitor child labour and reintegrate the children subjected to economic exploitation.
  1. Child Marriage

Recommendations:

  1. Make Local Child Rights Committee obliged to file cases of crimes committed against children including, child marriage, child labour, abuse and exploitation.
  2. Promote awareness among children and adolescents on the harm of child marriage and encourage them to marry only after 20 years of age.
  3. Invest on the implementation of strategic plan to end child marriage.
  1. Birth registration, name and identity

Recommendations:

  1. Conduct a study on the problems and challenges in ensuring universal birth registration of children.
  2. Intensify birth registration of all children, including, children without parents, or children born out of wedlock, or a children with a single mother.
  1. Child sexual abuse and exploitation

Recommendations:

  1. Make Local Child Rights Committee obliged to file cases of abuse and exploitation against children.
  2. Endorse Comprehensive School Child Protection Standard including, School Safety, School as a Zone of Peace, and Violence Free Schools, measures to address corporal punishment, bullying, sexual abuse in schools, complaint handling mechanism, case management and referral system.
  1. Street children

Recommendations:

  1. Accelerate taking action as per five-year strategic direction to end children living in streets.
  2. Intensify implementing its programs for street children with comprehensive child protection strategies.
  1. Children without parents and quality of child care homes

Recommendations:

  1. Enforce Children’s Act 2018 and make sure that institutionalization of children as a last resort.
  2. Strengthen alternative care systems and address common practice of institutionalization of children. 
  3. Take actions towards family reintegration of children who have family member but living in child care homes.
  4. Undertake periodic monitoring of all child care homes, ensure minimum standards and investigate all cases of violence, abuse and exploitation of children staying in these homes.
  1. Children with disabilities

Recommendations:

  1. Develop community-based support system for children with disabilities and guarantee access to education, health services and dignified life with quality social security schemes.
  1. Children in disasters and emergency

Recommendations

  1. Develop response mechanism and invest to protect children at any sort of emergencies pandemic.
  1. Right to participation

Recommendations:

  1. Develop guidelines and measures for the investment in children at all tiers of government, allocate at least 10 percent for the child protection and child participation.
  2. Ensure policy, programmes and measures for meaningful child participation in all setting.

 

 

July 2020

Coordinated by Children Zones of Peace National Network (CZOP- Nepal)

Members of the Coalition Networks

  1. Children as Zones of Peace National Campaign (CZOP)
  2. Alliance Against Trafficking of Women and Children in Nepal (AATWIN)
  3. CRC Committee, HRTMCC- Nepal Members
  4. Child Care Homes Network (CNET)
  5. Consortium of Organizations Working for Child Participation (Consortium Nepal)
  6. DU COM Campaign in Nepal
  7. Inclusive Education Forum Nepal (IEF)
  8. Men Engaged Alliance Nepal (MEA-Nepal)
  9. National Campaign for Education(NCE)
  10. National Child Friendly Local Governance-Forum (N-CFLG)
  11. National Coalition for Girls Rights (NCRG)
  12. National Child Protection Alliance (NCPA)
  13. Ratify OP3CRC Coalition Nepal Members
  14. Education Watch Groups

Partners

  1. Care International                                
  2. European Union Delegate Office to Nepal (EU)            
  3. Good Neighbour International              
  4. Plan International                    
  5. Save the Children                                
  6. UNICEF Nepal            
  7. World Vision International

 

            About the Coalition

Children as Zones of Peace (CZOP), a national coalition of organizations working in the field of child rights, was formed in 2003 to advocate for children's basic right to life, development, and protection in Nepal. CZOP advocates for protection and promotion of children’s basic rights during and after armed-conflicts. CZOP is a broader coalition of 14 other NGO networks. CZOP had submitted stakeholder report in Nepal’s 2nd cycle review in 2015. CZOP collaborated with NHRC throughout the report preparation process for the third cycle.   

Contact Details:

Narendra Dangol-Chairperson

Madhu Sudhan Dawadi- Program Director

Children As Zones of Peace-National Campaign (CZOP)

(Save the Children Country Office, 5th Floor)

Sinamangal-Airport Gate, Kathmandu, Nepal

Tel : +977-1-4481093 Ext. no- 545, Mobile 0977-9841307574/9858023323

URL: www.czopnepal.org,  Email; czopp.central@gmail.com

 

Our Works


CZOP-PSA on Safety from Online Abuse and Exploitation

Child Rights in Nepal

Child Rights - Documentary - Save the Children - Child Participation Project

Child Brides in Nepal

Violence Against Children in Nepal

Debate: छोरा छोरीलाई प्रशस्त धन कमाइदिनु भन्दा उचित शिक्षा दिक्षा दिनुपर्छ।

Observers


Our Members


Aasaman Nepal
ActionAid International Nepal
ccsd-nepal
Child Concerned Journalist Network
Child Nepal
Child NGO Federation Nepal
CWIN Nepal
ECPAT
EJG Nepal
Himrights
Huron
IHRICON
INSEC Nepal
JCYCN
Loo Niva Nepal
Maiti nepal
Nepal GoodWeave Foundation
Partnership Nepal
Plan International
RRN Nepal
Sahara Nepal
Sathi Nepal
Save The Children
Seto Gurans National Child
The Lutherai World Federation
UCEP Nepal
UMN Nepal
World Education
World Vision Nepal