CRC/C/MDG/3-4 - Office of the High Commissioner for Human Rights

More documents

Recommendations

Info

CRC/C/MDG/3-4 vocational reintegration, ensures any person deprived of liberty of access to schooling and vocational training and to physical, sports and cultural activities. 640. Efforts remain to be made to improve the food, care, education and vocational training provided in both penal institutions and re-education centres. The support of partners and NGOs working to protect the rights of the child is essential in this area. Prison alternatives 641. With the goal of giving much greater leeway to judges so they may avoid resorting to detention, the State is planning to begin reforms aimed at adopting alternative measures to incarceration. Re-education centres 642. Through judicial order, re-education centres accept children. These children are either at risk or awaiting trial, or they may have already been tried. 643. There are eight re-education centres in Madagascar; five in the capital, of which three are for girls. Three others are in Antsirabe, Mahajanga and Toamasina. 644. Two of these centres are public: the centre in Anjanamasina and the one in Antsirabe, which is managed by the Association for the safety and protection of children (ASPC). 645. Only the Anjanamasina centre, governed by Decree No. 60-376 of 29 September 1960, is directly linked to the Ministry of Justice. This centre accepts an average of 55 male minors and its capacity is 80 minors. On average, the length of a minor’s stay in this centre varies from three months to two years. The crimes committed are essentially theft, rape and corrupting a minor. 646. The other centres that belong to associations are private. For the most part, their personnel come from the Corrections and rehabilitation unit (as guards). 647. On average, the other centres’ capacity is between 35 and 50 children. 648. In the re-education centres, children at risk are grouped with children in trouble with the law. This situation was remedied at the St. Jean centre in Antananarivo, which from then on has received only girl children at risk. 649. The other “private” centres also accept children placed by family court judges, but they send information about these children only erratically. This anomaly will be remedied with the adoption of a new decree pertaining to re-education centres. Prisons 650. Pursuant to article 10 of Decree No. 2006-015, on the general organization of the Prisons administration, facilities intended for children shall house juvenile offenders. Pursuant to this article, planning is proceeding to gradually separate the children’s facilities from those for adults. In view of the relatively limited means that exist, there are still prisons for adults that accommodate adolescents in trouble with the law. 98 GE.10-42176 (EXT)
Table 34 Prison population by gender and status (September 2007) Categories Gender Convicted Accused Total/gender Percentage Men 6 907 10 034 16 941 94.12 Women 250 481 731 4.06 Boys 57 247 304 1.69 Girls 24 24 0.13 Total /categories 7 214 10 786 18 000 100.00 Percentage 40.08 59.92 100.00 Source: Detention monitoring and statistics service/ DGAP/ MINJUS. 651. In 14 prison districts in September 2007, out of a total of 304 adolescents in prison, 20 per cent (61) were convicted and 80 per cent (243) charged (Source: Ministry of Justice). 652. The table above indicates that there is no systematization of detention for children in trouble with the law. Treatment of children in detention 653. Article 16 of Decree No. 2006-015 forbids prison staff and persons with access to prisons from abusing children detained in these prisons or placed in re-education centres. 654. Moreover, articles 65 to 75 of the same enactment guarantee persons deprived of liberty the right to sanitation, health, a varied diet of cooked food and sufficient space for sleeping. 655. The Code of Conduct for Corrections and rehabilitation personnel, the subject of Order no. 10 340/2007, prohibits any inhuman and degrading treatment of detained persons, including children deprived of liberty. 656. If abuse does occur, the opportunity to lodge a complaint is granted to children in accordance with article 123 of the aforementioned decree. This guarantee will be extended in aid of children placed in re-education centres, after a proposed decree created to that end is adopted. 657. In collaboration with UNDP, the Ministry of Justice has published and distributed a “Practical Guide to Human Rights,” intended for persons in charge of implementing laws (magistrates, police, gendarmes and prison staff). This guide reflects, among others, the general principles that prohibit the abuse of child prisoners. 658. Since 2006, 400 persons responsible for implementing laws in eight jurisdictions have been trained in using and implementing the Convention effectively. These training sessions will be held in other jurisdictions. Conditions of detention of children in trouble with the law 659. Separating minors from detained adults. As mentioned above, the goal is to gradually separate minors from detained adults. 660. In prisons, the separation of children from adults is not yet in effect. Owing to the lack of sufficient infrastructure, some children in trouble with the law are placed in the same prisons. CRC/C/MDG/3-4 GE.10-42176 (EXT) 99
Page 1 and 2:
Committee on the Rights of the Chil
Page 3 and 4:
CRC/C/MDG/3-4 D. Family reunificati
Page 5 and 6:
CRC/C/MDG/3-4 Table 39. Average val
Page 7 and 8:
CFP Collège de formation technique
Page 9 and 10:
EHTP Esclavage humain et le trafic
Page 11 and 12:
ISCAM Institut supérieur de la com
Page 13 and 14:
PME/PMI Petites et moyennes entrepr
Page 15 and 16:
Part one Introduction A. Methodolog
Page 17 and 18:
Table 2 Population structure of Mad
Page 19 and 20:
Table 4 The table and figures below
Page 21 and 22:
2007 points to a projection of more
Page 23 and 24:
eductions in child mortality from 9
Page 25 and 26:
49. In the sectors, plans, strategi
Page 27 and 28:
66. The core of INMS consists of 69
Page 29 and 30:
the implemented national budget whi
Page 31 and 32:
everyone." Law No. 2004-004 of 26 J
Page 33 and 34:
B. Principle of the best interests
Page 35 and 36:
132. Article 6 of the law pertainin
Page 37 and 38:
153. If a child born to a Malagasy
Page 39 and 40:
168. In 2004 a survey was conducted
Page 41 and 42:
180. The new law on the rights and
Page 43 and 44:
197. Pursuant to article 62, childr
Page 45 and 46:
215. Simple or full adoption is a p
Page 47 and 48: 239. Once the adoption has been gra
Page 49 and 50: • Implementing a database of chil
Page 51 and 52: adult residents, 17,000 children ag
Page 53 and 54: • Since 2001, the implementation
Page 55 and 56: 4. Prevention and care for children
Page 57 and 58: 9. Access to education 323. The Mal
Page 59 and 60: Table 17 Vaccination coverage as of
Page 61 and 62: 355. To implement the programmes, t
Page 63 and 64: • Providing access to water, hygi
Page 65 and 66: 375. The lack of comparable data ma
Page 67 and 68: 14. Provision of quality health ser
Page 69 and 70: 16. Preventing and combating malari
Page 71 and 72: C. The fight against HIV/AIDS 1. In
Page 73 and 74: 433. The actions undertaken through
Page 75 and 76: 2. Analysis of the situation 449. I
Page 77 and 78: 467. To obtain these results, Madag
Page 79 and 80: • Ambohitsoratra, learning to rea
Page 81 and 82: 494. Teacher training. The Malagasy
Page 83 and 84: 513. BEP CAP-CFA (Certificat d’ap
Page 85 and 86: cent and made up only 2.43 per cent
Page 87 and 88: 539. In Mahajanga in September 2006
Page 89 and 90: subsidy of 30,000 ariary per teache
Page 91 and 92: 577. Revising curricula. The curric
Page 93 and 94: 588. Budget: leisure and cultural a
Page 95 and 96: 606. The administration of justice
Page 97: 628. As a result of these actions,
Page 101 and 102: 674. Educating children in trouble
Page 103 and 104: • Work that exceeds the child’s
Page 105 and 106: 6. Difficulties 713. There have bee
Page 107 and 108: • Cooperation agreement regarding
Page 109 and 110: 1. Legislation 753. The punitive co
Page 111 and 112: mention the rights of the parties t
Page 113 and 114: 797. In addition, through multi-sec
Page 115 and 116: • The Commission for the reform o
Page 117 and 118: public buildings. The level of vuln
Page 119 and 120: Annex I Statistical tables Demograp
Page 121 and 122: Table 42 Budgetary appropriations t
Page 123 and 124: Annex II Legislative reform 1. Law
Page 125 and 126: Annex III Policies and programmes F
Page 127: Contests sponsored by private entit
show all

CRC/C/MDG/3-4 - Office of the High Commissioner for Human Rights

Create successful ePaper yourself

Delete template?

Save as template?