delivered to civil and criminal justice professionals. Since 2004, free education and healthcare .... The Committee comm
STATE PARTY EXAMINATION OF CYPRUS’S THIRD AND FOURTH PERIODIC REPORTS 60TH SESSION OF THE COMMITTEE ON THE RIGHTS OF THE CHILD 29 MAY – 15 JUNE 2012
Contents Opening Comments ................................................................................................... 1 General Measures of Implementation ......................................................................... 3 Definition of the Child ................................................................................................. 5 Civil Rights and Freedoms ......................................................................................... 7 Family Environment and Alternative Care................................................................... 9 Basic Health and Welfare ......................................................................................... 10 Education, Leisure and Cultural Activities ................................................................. 12 Special Protection Measures .................................................................................... 12 Concluding Remarks ................................................................................................ 14
Cyprus ratified the Convention on the Rights of the Child (the CRC) on 7 February 1991. On 30 May 2012, the Committee on the Rights of the Child (the Committee) examined the third and fourth periodic reports of Cyprus. It was last examined on 21 May 2003.
Opening Comments The delegation of Cyprus was led by Mr Papageorgiou, Permanent Secretary of the Ministry of Labour and Social Insurance. He was supported by a delegation consisting of representatives from the Ministry of Foreign Affairs, the Ministry of Justice and Public Order, the Ministry of Interior, the Ministry of Education and Culture, the Ministry of Health, the Ministry of Labour and Social Insurance and of the Permanent Mission of Cyprus to the United Nations Office in Geneva. Mr Papageorgiou explained that Cyprus was a child-centred society with a strong family focus, where the government was fully committed to work for the implementation of its international obligations and responsibilities. Mr Papageorgiou pointed out that Cyprus was not in a position to implement all its obligations throughout the territory, including those related to children’s rights, since effective monitoring could not be made over one third of the territory, which he stated was illegally occupied by foreign military forces. Information and data contained in the State report referred to the areas under the effective control of the Republic of Cyprus. Mr Papageorgiu highlighted the establishment of the Office of the Commissioner for Children’s Rights (the Commissioner) in 2007 as the main step forward in the promotion and protection of children’s rights. Other acknowledgement of the government’s commitment was the ratification of the Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (OPSC) and on the Involvement NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD
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of Children in Armed Conflict (OPAC) in 2006 and 2010 respectively. Furthermore, a proposal to sign the third Optional Protocol to the Convention on a Communications Procedure had been submitted to the Council of Ministers and was expected to be adopted soon. Legislative amendments had been made in 2012 to ensure that working conditions for children aged 15 to 18 years were appropriate. In particular, they aimed at further protecting children from economic exploitation, ensuring a safe work environment and its compatibility with education. A new Adoption Bill that was aimed at unifying the laws on national and inter-country adoptions was also under discussion at the House of Representatives. As far as child participation in decision-making processes was concerned, Mr Papageorgiou said that the children’s parliament had been set up in 2001 by a children’s rights NGO, coinciding with the anniversary of the ratification of the Convention on the Rights of the Child. Consisting of 80 members, it met every 2 months and children presented their views to the House of Representatives. Furthermore, the Commissioner’s Youth Advisory Committee had also been tasked to report children’s views on issues that concerned them, to the Commissioner. Finally, the Pedagogical Institute of Cyprus had organised seminars that were jointly attended by children and parents in order to encourage the sharing of experiences. Progress had been made in the field of juvenile justice. Special equipment to produce video recorded statements of children was now available. Children could testify in courts in a separate room with the assistance of skilled professionals and training in child rights was delivered to civil and criminal justice professionals. Since 2004, free education and healthcare had been provided for all children aged 4 to 18 years. Public education institutions enrolled children irrespective of their ethnic background, gender, language, religion and the residential status of their parents. A reform in education, the objective of which was to create a democratic and child-centred educational system, was currently underway. New curricula would be fully established and implemented in 2014. Children from low-income had been accounted for through the identification of “Zones of Educational priority”, a strategy derived from the UNESCO positive discrimination policy. Inclusive education had been provided to children with disabilities, in line with the Salamanca Statement and Framework for Action. In order to tackle domestic violence against children, a National Action Plan for the Prevention and Combating of Violence in the Family had been adopted for 2008-2013. Despite progress, several challenges still laid ahead. Further efforts were needed for the development of a central data collection system. The government would promote the creation of specific indicators regarding child protection, in line with the CRC. The delegation acknowledged that there had been significant delays in the creation of a modern comprehensive legal framework for children, which still remained unaccomplished. Mr Papageorgiou recalled that the republic of Cyprus would hold the Presidency of the Council of the European Union from July to December 2012 and that during that period it would focus on child poverty and wellbeing, in the framework of strengthening social cohesion. 2
Mr Papageorgiou concluded by saying that the government would try to meet the issues that would be raised by the Committee and recommended it to give the government clarity of purpose, so that it would be able to further strive for the implementation of rights and equality. Mr Gastaud, the Country Rapporteur, welcomed the national report, which was very specific and identified remaining gaps; he took special note of the fact that Cyprus was party to most of the core international human rights treaties. He commended the willingness of the State to sign – with a view to ratifying – the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure.
General Measures of Implementation Legislation
The Committee asked how the legislative framework was monitored to verify that the laws were in line with the CRC. Also, it asked about the current legislative status of the laws concerning the protection of young people at work, adoption and juvenile justice. The government answered that regulations concerning the protection of young workers had been amended in 2012 in order to ensure appropriate working conditions for children aged 15 to 18 years. The delegation explained that other reforms were pending, such as the reformed children’s law. Two bills, as well as four sets of regulations on minimum standards for day care programmes and child residential care, had been drafted and would be approved by the end of 2014. When asked about the reason for such a delay, the government replied that each bill would be considered individually, and that they could not all be submitted at the same time. The Committee inquired about the primacy of the CRC over the national legislation and whether there were specific examples of legal decisions concerning guardianship of children, where the CRC had been directly applied. The government replied that the primacy of international instruments over the national legislation was recognised and that judges had applied the CRC directly to cases on several occasions. The Committee also noted that some provisions of the CRC had been included in the Manual of the Social Protection System and in legislation, while others were found only in the manual and asked for clarification on that. The Committed asked the government to provide more information about the activities carried out by the Office of the Commissioner for Children’s Rights, including about the number of employees, as well as the number of complaints received about violations of children’s rights and how these were dealt with. The Committee wanted to know if the Office was accessible and known to children. The government answered that the Commissioner’s Office was composed of seven members who were appointed by the Civil Service Commission, an independent authority. It added that the Commissioner was the sole controller of the budget. Concerning complaints, 186 had been received in 2010, 11 of which had been filed by children. Children were aware of the existence of a complaints procedure since there was a well-known phone number and a website where they could make complaints anonymously. The Commissioner had presented an annual report to the House of Representatives, and participated in the parliamentary committees dealing with child rights issues. 3
When asked about the process of ratification of the Optional Protocol to the Convention on a Communications Procedure, the delegation replied that despite the fact that it was at the signature stage, an independent committee had been set up to examine the measures required to ratify it and added that ratification could be possible by 2013. Dissemination and training
The Committee asked whether adequate training was being provided for all police officers and judges and if it was integrated in their curriculum. The government answered that one of the most recent decisions had been to increase the level of specialisation of professionals working with children in this domain, as well as the number of child-friendly courtrooms. Special training programmes had been set up for professionals working with children, including judges, on the implementation of the CRC. The latter had been incorporated as a core part of the training. Also, a special budget line accounted for training expenses. The government added that the Committee for the Protection of Child Rights had provided seminars as well. The Committee commented that information on the CRC and child-friendly justice should be an integral part of basic training for judges and other practitioners, which should then be supplemented by on-going training. The government replied that mandatory police training on the rights of children was being delivered by the Office of the Commissioner for Children’s Rights and the contents of the CRC were part of the programme. The Committee noted that many children and families reportedly found that children’s rights were not consistently upheld and asked how children’s human rights were taught as part of the education system. The government answered that the reform of the education system envisaged some courses on human rights, in particular on health education, and that the new curriculum was already being implemented on a pilot basis at the primary level. Coordination
The Committee noted that coordination of child rights programmes and policies had not been set out in the State report. Remarking that it could not be a task pertaining to the Office of the Commissioner for Child Rights which had a monitoring role, it asked how coordination was carried out in order to ensure local municipalities would implement the decisions made at national level. The Committee asked about the implementation of a comprehensive national strategy for children. The government acknowledged that a central coordination mechanism with a precise mandate was missing and recognised the need to set it up. In this regard, the consideration of best practices from other countries would be helpful. Budget
The Committee regretted the absence of a delegate from the Ministry of Finance. It noted that no budget line was dedicated to children’s welfare. Also, although a substantial amount had been spent for the social sector, this had been frozen at five per cent over five years, while the population had increased. The Committee recalled that article 4 of the CRC specifically indicated the State’s responsibility to allocate the maximum amount possible to child welfare; it asked how the government monitored whether sufficient resources were being allocated to children, in particular those in vulnerable communities. The government said that 10.7 per cent of the total expenditure went to social benefits. It acknowledged that the percentage for children had been incorporated in the budget for families and added that due to the economic 4
crisis, children’s expenditures had not changed, but that some subsidies had been provided to NGOs delivering services for children. The Committee underlined that the percentage allocated had to be proportional to the number of children in the country requiring those resources and could not be frozen. It encouraged the government to revise the budget allocation in a comprehensive manner, using a child-sensitive methodology. Data collection
The Committee was concerned about the lack of disaggregated data, noting that the information that did exist was often contradictory. Although the Office of the Commissioner for Child Rights had a mandate to collect data, it did not have sufficient resources to do this in a comprehensive manner. The Committee asked whether the government intended to set up a national statistics institute to provide a comprehensive overview of the needs of the population through disaggregated data in all spheres. It asked what specific indicators on the CRC had already been set. International Cooperation
The Committee asked what the reason had been for stopping international cooperation activities at the EU level during the last two years. It encouraged the government to explain this point as well as its ideas for the future.
Definition of the Child Noting that the age of criminal responsibility, which was 14 years, was still very low compared to international standards, the Committee asked whether the government would consider r raising it. The government answered that it had been raised from 11 to 14 years in 2007 and that the government did not intend to raise it further.
General Principles Non-discrimination
The Committee was concerned about the discriminatory practice that required parents to declare their religion in order to have their children exempted from religious education classes, and asked the government to elaborate on this policy. It answered that discrimination was not an issue, since as a result of the on-going educational reform; religious studies would continue to be in the curriculum for all children, with a shift in focus from instruction to knowledge. With that view, textbooks had been revised in order to ensure multiperspectivity. It added that though required to attend religious education, pupils would be granted exemption if they wished. Concerning the education of Turkish children in their maternal language, the government assured the Committee that informal education provided training in life skills such as Greek language, free of charge, to facilitate smooth integration in school. Schools and embassies provided Turkish language courses. The Committee asked what measures were being taken to tackle racial discrimination and to provide data on the current trends. It replied that since 2005, racially motivated incidents had been registered by the police, and that 29 per cent of them had involved children. In 23 per cent of those cases children were the offenders. The delegation said that reviewing racially motivated cases that involved children was challenging for all professionals involved, since acting on the basis of the best interests applied for the child victim and for the child offender. 5
It assured the Committee that all racial attacks were investigated. The Committee was concerned that despite efforts to promote tolerance and multiculturalism in the educational system, references to supremacy and to nationalism were still present. It reminded the delegation that such trends were contrary to the principle of non-discrimination enshrined in the CRC. The Committee noted that in the 2003 review of Cyprus, it had expressed concern about discrimination in the acquisition of nationality for children born out of wedlock and to Turkish parents. It asked the delegation to comment on the fact that this practice reportedly still occurred. The delegation responded that children whose parents were not Cypriot had a birth certificate, but were not entitled to citizenship. In order to obtain citizenship by birth, one parent had to be a Cypriot citizen. Right to life
The Committee remarked that no information pertaining to the right to life, survival and development had been presented in the State report and asked the delegation to provide information on the death of children due to illness, as well as traffic and other accidents, violence, crime and suicide. The delegation explained that road accidents involving children and suicides had been recorded and assured the Committee that they were aware of the high prevalence rate. In response, the government had taken measures to prevent road accidents. For example, controls and penalties for speeding had been increased and national guidelines had been issued in cooperation with the WHO. The delegation remarked that national data did not differ greatly from other EU countries. The Committee asked how many children had been involved in road accidents, but this information was not available to the delegation at the time. The delegation did acknowledge that a high percentage of victims of traffic accidents were children and young adults. It assured the Committee that awareness-raising campaigns had been carried out, during which flyers and informative materials had been made available. Morbidity was also monitored and documented. On child injuries the delegation explained that cases were reported, and stressed that Cyprus was the first European country to have a national plan for child injury prevention. As far as infanticide was concerned, the delegation stated that the prevalence rate was very low as a percentage of the population. The right to be heard
The Committee remarked that the children’s parliament, the main instrument for child participation, had suffered from budgetary constraints, since no governmental funding had been provided to it. Child participation was guaranteed in the constitution and was facilitated in education. The Pan Cyprian Pupil’s Council met monthly to discuss issues of concern to them. A national regulation had furthermore established that the child should be heard in case a disciplinary action against it had been envisaged by the Teacher’s Council. Lack of compliance with this would result in disciplinary actions taken by the school committee or the Teacher’s Council. Finally, seminars attended by children and parents were organised by the Pedagogical Institute of Cyprus. The Committee noted that the weakest point in ensuring the right of children to express their views was the application of that right in society. In particular, the Committee found that the 6
acceptance of the fact that children have an opinion that should be heard was still not satisfactory and asked how resistance from the society to the participation of children could be overcome. The government said that although strong family traditions and social issues still persisted and limited child participation, a slow change in tradition had been noticed. Since 2004special facilities for interviewing children through video recording had been installed in police stations.-The courts were equipped with closed circuit television systems so that a child could testify remotely and be accompanied by a professional from the social welfare system. These measures had increased the quality of the evidence obtained from child victims and witness and had increased related convictions by 65 per cent. The use of technology had also given voice to children with an intellectual disability before the court. For those children, support was also provided by the social welfare service. Helpline
The Committee noted that a European helpline ‘Hope for Children’ for missing children had been launched on 1 June 2012. It asked whether the government would consider establishing a free national helpline for any matter or issue affecting children and suggested it should have an outreach component in order to reach children living in remote areas. The delegation replied that a helpline that dealt comprehensively with all issues, for all children, would be introduced. Best interests of the child
The government stressed that the best interests of the child was particularly safeguarded in the juvenile justice system, where it prevailed in cases of equality of evidences, in all issues pertaining migrant children and in decisions involving alternative forms of care.
Civil Rights and Freedoms Birth registration
The Committee asked whether children born to refugee mothers were entitled to an identity card or only a temporary residential permit. The government answered that all refugee children were entitled to have a refugee identity card, irrespective of the status of their mother. As for the right to nationality of children born out of wedlock, citizenship would be granted only if one of the parents was a Cypriot citizen at birth. In all cases, they were entitled to receive a birth certificate. Also, birth registration units where connected to death registries. The Committee asked for clarity about the case of some private clinics which refused to register babies because families had financial problems. The government said that since refusals were illegal, unethical all cases had been prosecuted. Child abuse
The Committee noted that there seemed to be shortcomings in the support provided to victims of domestic violence and was concerned that special training was no longer delivered to relevant professionals. It asked the government to confirm whether it was possible to assess the psychological condition of a child victim of domestic violence without the consent of his or her parents. The government replied that the law required the permission of both parents for all medical assessments, but that an exception was made in cases of child abuse. In those cases, the examination was conducted by an inter-disciplinary medical committee. 7
According to disaggregated data available on the website of the Cyprus Police, physical violence was prevalent in the majority of domestic violence cases. 74 per cent of complaints had been filed by women, while 82 per cent of the accused were men. Children accounted for 12 per cent of complainants, with an equal balance between girls and boys, and comprised only one per cent of the accused. Out of a total of 4,012 cases reported between 2005 and 2008, 44 per cent were officially investigated and 85 per cent were filed at court. Of the cases that went to court, 68 per cent had led to convictions and 32 per cent to acquittals. The government announced that a new project had been initiated by Cyprus Police on the challenge of dealing with domestic violence. The theme would also be developed during Cyprus’s Presidency of the European Union. On sexual violence, police data indicated that out of a total of 998 reported cases between 2004 and 2011, 28 per cent were of a sexual nature. 491 cases had been investigated, 76 per cent of which had resulted in convictions and 24 per cent in acquittals. The government underlined that all cases of child abuse were taken seriously and that the best interests of the child was emphasised in police training on child abuse. For example, in cases of equality of evidence, the best interests of the concerned child always prevailed. Concerning the status of implementation of the National Action Plan on Family Violence the government said that it would be finalised in 2013. At the time of the review, a task force on domestic violence, with representatives of the relevant governmental departments and of NGOs, was collecting information on its implementation and the first assessment stage was almost complete. Corporal punishment
The Committee noted that the use of corporal punishment in homes and schools was an issue of concern. It asked about the effectiveness of the national awareness-raising programme to sensitise the public on domestic violence and corporal punishment. The government replied that an awareness campaign had been conducted in 2007 and 2008 to sensitise the society on child abuse. The Committee then asked what social and administrative measures had been taken to promote positive discipline and if there was any provision on that in the new draft laws. The government answered that the law against corporal punishment would be replaced at the end of 2012. The new law would set out that corporal punishment committed by parents or teachers would be investigated and prosecuted. In particular, it stressed that any form of corporal punishment in school was strictly prohibited. The Committee asked about the rise of bullying at school, the delegation replied that a committee of experts had been established to conduct a study on the issue. One of the recommendations issued by it was the establishment of the National Observatory on School Violence, which had been set up accordingly. Further measures had been taken, including the allocation of resources for on prevention and intervention, as well as, instruction on the development of personal and social skills and self-appreciation. Task forces on inter-school violence, composed of teachers, school counsellors and educational psychologists, had been created in order to provide support and guidance to affected schools. The decrease of dropout rates from 17.3 per cent in 2003 to 11.2 per cent in 2011 demonstrated that the measures undertaken had been successful.
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The Committee also asked about the role of peer mediation in cases of bullying, for example by the student council. The delegation explained that inter-school violence was discussed in the council and that according to the situation each school could make an action plan which would be approved and financed by the Ministry of Education. Other specific programmes could also be implemented in particularly vulnerable schools and tools had been developed to tackle new phenomena such as cyber bullying. Child trafficking
The Committee noted that Cyprus had signed but not ratified the Council of Europe Convention on the Trafficking of Children. The delegation explained that consultations had been held with a view to ratify it by 2013. The Committee also requested the delegation to share data on trafficking in children and women. Poverty
Concerning child poverty, the Committee asked the delegation to inform it of the future outcomes of the efforts that it would make in the framework of the presidency of the European Union.
Family Environment and Alternative Care Adoption
The Committee raised its concern about the fact that the legislation on inter-country adoption did not fully comply with international standards, and that the enactment of the new Adoption Bill was still pending. The delegation explained that the new bill had been submitted to the parliament after consultations with all relevant stakeholders. Its main objective was to prohibit private adoptions, which were still allowed by law. The government also informed that in 2011 there had been 33 national adoptions and 12 inter-country adoptions. Alternative care
On the issue of alternative care, the delegation assured the Committee that children aged from 0 to 18 were removed from their families only as a last resort and that counselling and financial support were provided to parents to strengthen their parenting capacity. The Committee asked under what circumstance children could be placed in foster care or in residential care. The delegation answered that children aged from zero to five years were placed only in foster care. As for residential care, children were only taken into the protection of Social Welfare Services as a last resort, and it was usually when they were victims of neglect, or if they were unaccompanied minors. At the time of the review, 25 per cent of children aged from six to 18 who were without parental care, were in residential care. Children could stay there from several days to up to 18 years. In 2006 a study was issued that recommended improvement of the service. At the time of the review, eight residential institutions existed in the country, which had been divided into homes for children aged from six to 12 years, and for adolescents from 12 to 18 years and up to 21. Most homes had up to 10 persons and the setting was more family-oriented. In foster care, each child was treated according to an individual care plan, which was established by a multidisciplinary committee, of which there was one in each of the six districts. This care plan included tailored provisions for the children to prepare them for leaving alternative care and establishing contact with parents. The Committee asked the delegation who decided whether children went into foster care or 9
residential care. It replied that the decision was made in court but that it had been more difficult to find a foster family for adolescents with behavioural problems than for younger children. It added that the decision on the type of care the child should receive was an administrative procedure and if there was a complaint, it could be addressed to the director of the Social Welfare Service. The Committee asked the government to comment on the case of two 14 year-old girls of Turkish origin, who had run away from a residential institution and had been raped by two men. The Committee asked how the case had been addressed and inquired about the frequency of such incidents. The delegation explained that such cases were very rare and that in this instance, the crimes had taken place on a part of the territory that was not under the effective control of the State. Concerning foster care, the delegation explained that 200 children had benefited from this type of care provision in 2011. In 2009 a study on the quality of foster care found that it did not meet the needs of the children. The study had recommended that suitability criteria of foster parents should be improved and the monthly allowance to foster parents needed to be increased in order to address financial constraints of foster families. The delegation said it was considered that the biological family of the child should contribute financially to the foster family, but that the provision regulating this issue was inactive. The amount given to foster families varied from 500 to 800 euros. The Committee asked how many children there were cared for per family. The delegation said that the study had also made recommendations on this point and that the government was in the process of developing an action plan to implement all recommendations in the study. One child per foster family was considered the best solution, but in some cases there where up to three in the same family and up to six in the case of group foster families.
Basic Health and Welfare Children with disabilities
The Committee asked how many of children with particular educational support needs attended mainstream schools and how many attended specialised institutions. The delegation said that inclusive education was prioritised where possible. Mainstream schools had specialised classes that children could attend for a few hours per day, in addition to mainstream classes. In 2010 4.1 to six per cent of school age children had required particular educational support. In cases of severe intellectual disability, children attended specialised education centres. At the time of the review one per cent of children were educated in specialised centres. The Committee asked how well prepared the teaching staff were to cater for the needs of children that required particular educational support. The delegation assured the Committee that the education system had been made more accessible to all students and that teachers were required to hold a first degree in special education in order to work in mainstream classes. Continuous professional development was delivered to all teachers working with children with particular educational needs or a form of disability. Adolescent health
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Concerning adolescent health, the Committee noted that no evaluation of projects and programmes had been conducted. It also remarked that alcohol, tobacco and drug abuse was a prevalent among many young people. The delegation pointed out that school health services offered various programmes on the prevention of transmission of sexually transmitted diseases, as well as smoking, drug addiction and psychological counselling. Issues surrounding puberty and reproductive health were taught as part of the standard educational programme and addressed students in the first grade with a view to promoting their physical and psycho-emotional health. The Committee asked how adolescents between 16 and 18 years who were no longer in formal education received information about sexual and reproductive health. The delegation explained that counselling centres were available twice a week in the main hospital. All programmes had been evaluated through parents, children, doctors and schools. The Committee asked about the prevalence of pregnancy among adolescent girls. The delegation said that the issue was approached in a holistic manner and a young woman was supported in every decision she made. A multidisciplinary committee was involved if a girl wanted to terminate a pregnancy; however, the consent of both parents was required for serious medical acts. Information about the main contraception methods was available in schools and counselling centres in hospitals. Regarding sexual relationships and related concerns among adolescents, patient-doctor relations were safeguarded. The delegation added that a new hospital department would be opened in cooperation with the British National Health Service in order to provide expert treatment to those affected by eating disorders and obesity. Furthermore, a dedicated psychiatric hospital for children and young people would be constructed in 2012. Access to health services
The Committee asked if access for pregnant mothers to prenatal care included migrant women and refugees. It also requested information about child nutrition, since no data had been provided. The government answered that an illegal migrant was entitled to receive basic medical service without being reported to the authorities. During pregnancy, women were given all health information and care needed in order to deliver a healthy child. Community health workers supported new parents, particularly mothers, with home visits and following the birth. It added that the first action plan would be presented by the multidisciplinary committee to the ministerial board in March 2012. Regarding child nutrition, the menus of school canteens were strictly monitored and milk and fruit were offered to all students once a week. Breastfeeding
On breastfeeding, the Committee asked how Cyprus had implemented the International Code of Marketing of Breast Milk Substitutes. To its knowledge, no hospitals had been licensed as “baby-friendly”. The delegation said that marketing of breast milk substitutes was monitored by environment inspectors on a 24-hour basis. Since 2009 a committee promoting breastfeeding had been set up and implemented certain practices. For example, breastfeeding mothers could leave the workplace at any time if they needed to breastfeed. Also, the Ministry of Education and others had developed policies on nutrition in early childhood. Nutrition and good practices were included in basic training curriculum for nurses. Regarding parental leave, the delegation said it consisted of 18 weeks fully paid, after which parents were also entitled to take 18 weeks of unpaid leave. It stressed that this applied also to 11
adoptive parents. Dismissal of a pregnant worker was prohibited, but it was subjected to a notification of pregnancy with a medical certificate. HIV/AIDS
The delegation explained that the prevalence rate of HIV/AIDS among children was relatively low. In 2011 there had been three cases. The Committee asked if facilities for voluntary testing without parental consent were provided, and whether there was any centre for the prevention of HIV mother-to-child transmission. The government said that a multidisciplinary committee composed of a doctor, a psychiatrist or psychologist and a social worker, listened to the reason why the child did not want to involve the parents. The committee decided whether or not the concerned child should be permitted to be tested without parental consent.
Education, Leisure and Cultural Activities Preschool education
On preschool education, the Committee asked whether there was a unified system between crèche and kindergartens. Also, it wanted to know how accessible and affordable day-care provisions were and what programmes were composed of. The government answered that the first preschool year was provided for free. Children between the ages of three and five that went to kindergartens were selected by a committee according to established criteria and procedures. The State granted a subsidy for community kindergartens. It added that 16.5 per cent of children aged zero to two years attended childcare, and in the age group from three to five years, 85 per cent of children attended some form of early childhood education.
Special Protection Measures Child labour
The Committee asked for further information on the amendment of the labour legislation, and whether the minimum age for children to work, which was 15 years, was universal. The delegation said that a child could be employed from the age of 15 with the consent of parents. A joint committee consisting of the Labour Inspectorate, the Social Welfare Division, the Office of the Commissioner for Children’s Rights and other organisations were responsible for deciding whether a particular form of work was suitable. The government assured Committee that in case permission was not granted to immigrant children aged below 18 years. The Committee inquired about how employers found guilty of economic exploitation of a child were sanctioned. The delegation replied that according to the new legislation, penalties ranged from a fine to up to four years imprisonment. The Committee asked what mechanism had been established to enforce the labour law. It was informed that the law had also established an inspectorate and inspections of work places took place regularly to detect violations. The Committee asked how the government monitored workplace conditions and ensured the protection of children working in the domestic sector, as well as about their age limit. Finally, the Committee asked how the child victim of sexual and labour exploitation could access legal protection. Migrant, refugee and asylum-seeking children
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Given its geographical location, the Committee noted that children leaving countries involved in the Arab Spring movement may have reached Cyprus. The Committee asked if any data on the number of those children was available and whether any of them had been involved in armed conflict. The Committee expressed concern about the fact that asylum applications for separated children were often left pending until they reached the age of majority, putting them at risk of being detained and deported. It regretted that despite this practice having been declared illegal, no amendments had been made to the refugee law. With reference to migrant children in Cyprus without the required documentation, the Committee asked what provisions had been made to ensure that their best interests were protected. The government made reference to the withdrawal of the circular which obliged schools to report irregular migrant children to immigration authorities, as that was undoubtedly a deterrent for them not to be sent to school. Also, legislation was modified in 2007 to allow children to participate directly in housing schemes and rent subsidy programmes, including collegians and university students. On the issue of the detention of minors and pending deportation, the government underlined that an unaccompanied minor was not placed in detention merely because of his or her status. Children were not allowed to stay with parents in detention facilities. Rather, it could be decided to release them from custody. Juvenile justice
The Committee asked how the State managed cases in which the offender was under the age of 14. The delegation said that the age of criminal responsibility had been fixed at 14 years in 2006. Children under 14 years could not be prosecuted; rather, social services would take care of the child. Offenders between 14 and 16 years of age were managed through a special committee involving representatives from the police and the social welfare services. This committee decided how the child’s case should be treated. Although prosecution could be decided, alternative measures were preferred. In the last three years, 12 children had been detained. Children between 16 and18 years were not handled through specialised procedures; however, age and other factors, including family and social background, where taken into consideration before a decision was taken. Concerning the delay in the adoption of the draft Juvenile Justice Bill, the delegation said that the government was trying to ensure a comprehensive law that would include provisions for the prevention of offences by minors, as well as for adjudication of cases and child-friendly proceedings. The Committee asked about the conditions of detention of children. The delegation explained that although there was only one prison in Cyprus, a special block for juveniles aged 16 to 21 years was available. From August 2012 the construction of a new building adjacent to the main prison would be completed, which would provide educational and other rehabilitative services. The Committee was concerned about the delays in the administration of justice, since being heard in court after years could lead to a re-victimisation of the child.
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The Committee noted that a child could be heard in court in cases of divorce from the age of 12 and asked whether any child-friendly measures were available, as well as about the availability of mediation services. Detention of minors
The delegation explained that it was mandatory for children to have a defence lawyer. The Public Prosecutor represented children during the proceedings in most cases. The Committee asked whether specialised training was given to judges who dealt with child victims, witnesses and offenders. The government answered that that did not currently exist, but that the issue had been included in the draft bill under discussion.
Concluding Remarks Mr Gastaud thanked the delegation for its collaboration and commended the substantial efforts already made. Several measures were still at the planning stage or were not fully implemented and progress needed to be made. Mr Gastaud encouraged Cyprus to move to the implementation of its good laws and policies which currently existed largely in theory. Mr Papageorgiou thanked the Committee for the fruitful discussion and said the debate had helped to identify remaining gaps. Cyprus was a country with strong democratic values, an active civil society and an independent legal and supervisory system and was committed to do its best to meet the challenges by taking on board all inputs so that the CRC could be fully implemented and Cyprus’s international obligations fulfilled.
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