The
71st Session of the Committee
on the Rights of the Child (CRC Committee) took place in Geneva
from 11 to 29 January 2016. The Committee reviewed the progress of the
implementation of the Convention
on the Rights of the Child in 14 countries: Benin, Brunei Darussalam,
France, Haiti, Iran, Ireland, Kenya, Latvia, Maldives, Oman, Peru, Senegal,
Zambia and Zimbabwe. IBFAN submitted alternative reports on the situation of
infant and young child feeding in 2 of the
reviewed countries (Benin
and France).
Spanish and French summaries of the alternative reports were prepared in order
to inform Spanish- and French-speaking members of the Committee (see http://ibfan.org/reports-on-the-un-committee-on-the-rights-of-the-child).
In
its Concluding Observations, the CRC Committee referred specifically to breastfeeding for 8 of the 14 countries
under review (Benin, France, Ireland, Kenya, Oman, Peru, Senegal and Zambia).
Haiti
and Zimbabwe did not receive direct recommendations on breastfeeding, but were
urged to implement the OHCHR Technical
Guidance on child mortality (A/HRC/27/31,http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Pages/ListReports.aspx)
which refers directly to breastfeeding protection and support and calls
specifically for implementation and monitoring of the International Code of
Marketing of Breast-milk Substitutes, just like Benin, Kenya, Peru, Senegal,
Zambia.
General
measures of implementation
The Committee expressed concern about the lack of child-centered and disaggregated data in
Benin and urged the state to expeditiously improve its data collection system. The data should cover all areas of the
convention and should be disaggregated by age, sex, disability, geographic
location, ethnic origin and socioeconomic background in order to facilitate
analysis on the situation of the children, particularly those in situations of
vulnerability. Likewise, the Committee
Committee reiterated its previous recommendation to France to improve its data
collection system covering all areas of the Convention and added that the data
and indicators collected should be used for the formulation, monitoring and
evaluation of the policies, programmes and projects for the effective
implementation of the Convention and the enjoyment of the right of the child.
Similar recommendations regarding the collection and monitoring of comprehensive
and disaggregated data were given to Brunei Darussalam, Haiti, Iran, Ireland, Kenya,
Latvia, Maldives, Oman, Peru, Senegal, Zambia and Zimbabwe.
The Committee also addressed
the adverse impact of the business
sector on children’s rights, expressing concern about the
insufficient information on measures taken and envisaged by France to regulate
the activities of companies acting under its jurisdiction and control. In the
light of its General Comment No. 16 (2013) on the impact of the business sector
on children’s rights, the Committee recommended France to establish a clear
regulatory framework for the industries operation under the jurisdiction and
control of the state party, to ensure effective implementation by the companies
of international standards including human rights, the environment and health
through due diligence processes, and to thoroughly investigate the possible
default of these obligations by French companies or their subsidiaries
operating abroad to ensure that their
activities do not negatively affect human rights or endanger environmental and
other standards especially those related to children’s rights. Recommendations
based on the General Comment No. 16 were also given to Ireland, Kenya,
Maldives, Peru, Senegal and Zambia, with an exclusive focus the impact of the
mining sector for Zambia, a focus on child sexual exploitation for Senegal and
Maldives and a focus on the mining and hydro-electric sector in Peru.
Addressing
issues related to the right to life and
survival, the Committee urged Benin to ensure the promotion of medically
assisted deliveries in health centres by trained midwives and the monitoring of
newborns in the community, while Senegal was recommended to intensify efforts
to reduce child mortality, including neonatal mortality, as well as regional
disparities, including improving access to and use of health, nutrition and
water. The Committee also urged Zimbabwe to develop a global strategy to
address the problems of poverty, social security, nutrition and health in order
to ensure full exercise by children of the right to life, survival and
development.
Access
to health and allocation of resources
Focusing on access to health services and subsequent allocation of
resources, the Committee recommended Zimbabwe to substantially increase its
budget allocations in the area of health to an adequate level, while it urged Iran
to increase the allocation of public funds to improve the health situation of
inhabitants in remote areas. Similarly, Peru and Latvia were requested to ensure
access to quality health services by all children, with an emphasis on rural
and/or remote areas, while Senegal and Brunei Darussalam were recommended to
allocate sufficient financial and human resources to health services,
particularly to child health and nutrition, providing effective access to trained
and qualified health care. Last but not least, Zambia was specifically
requested to strengthen its efforts to improve access to basic health care
services with trained health workers for children and pregnant women,
particularly in rural areas.
Child
mortality
As mentioned above, the Committee urged Benin,
Haiti, Kenya, Peru, Senegal, Zambia and Zimbabwe to
implement the OHCHR Technical
guidance on child mortality (A/HRC/27/31), which includes provisions on
breastfeeding protection and support, including the implementation and
monitoring of the International Code of Marketing of Breast-milk Substitutes
and the need to adopt supportive workplace measures.
It
also recommended Haiti to ensure access to postnatal
care services and Zambia to strengthen newborn
health interventions and skilled birth attendance.
Malnutrition
and safe drinking water
The Committee issued a series of recommendations related to nutrition and drinking water, urging Senegal
to expedite the adoption and implementation of the new Nutrition Enhancement
Programme and Zimbabwe to combat malnutrition through the sufficient allocation
of resources to critical nutrition interventions and safe drinking water. Benin
was called upon to improve nutrition increasing access to drinking water especially
in the rural areas and in schools and fighting against malnutrition, while Oman
was recommended to continue targeted interventions to prevent the stunting,
wasting and undernourishment of children, including the promotion of proper infant
and young child practices and continue to raise awareness of nutrition issues.
Breastfeeding
national strategy
The
Committee recommended Ireland to develop
and implement a national strategy on the breastfeeding of infants.
Breastfeeding
protection:
France
was requested to fully implement the International Code of Marketing of
Breast-milk Substitutes, while Ireland was invited to consider its Code implementation
along with adequate measures for its enforcement. Senegal was called upon to
strengthen monitoring of its Code implementation, to implement a deterrent
sanctioning system and ensure that the Food and Drugs Authority is committed to
enforce the Code.
The
Committee further recommended Oman to step-up the monitoring and enforcement of
the legislative framework regulating the marketing of breast-milk substitutes
and urged Peru to ensure effective implementation and monitoring of the Rules
on Infant food.
Breastfeeding
promotion
The
Committee emphasized the need for improved promotion of breastfeeding and recommended
Benin to adopt measures to accelerate adequate nourishment of children and
breastfeeding by sensitizing society through awareness raising campaigns, while
Ireland was urged to strengthen its efforts to promote exclusive and continued
breastfeeding by providing access to materials and raising awareness concerning
the importance of breastfeeding and the risk of formula feeding, in particular
in the Traveller community. As mentioned above, the Committee also recommended
Oman to ensure the promotion of proper infant and
young child practices and more specifically, to strengthen measures to improve
the practice of exclusive breastfeeding for the first six months, and intensify
efforts to improve healthy nutritional practices through awareness-raising
programmes, including campaigns.
France, Peru and Zambia were also urged to further
promote breastfeeding, but the Committee unfortunately restricted this
recommendation to exclusive breastfeeding. Finally, Senegal was called upon to
continue encouraging exclusive breastfeeding for six months with appropriate
introduction of an infant diet thereafter, aimed at reducing neonatal as well
as under-five mortality.
Breastfeeding
support
The
Committee also focused on breastfeeding support in several of its recommendations,
urging Benin to build capacity for health professionals, supporting
breastfeeding mothers with specialists and revitalizing the “Child-Friendly” hospitals.
Oman was recommended to provide information and training of the relevant
officials, particularly staff working in maternal units, and parents, and
Ireland was urged to further increase the number of hospitals certified as
baby-friendly and to review training of health workers on the importance of
exclusive breastfeeding.
2016 CRC Committee’s Concluding Observations on Infant and Young Child Feeding
Country
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IBFAN
report
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Summary
of specific recommendations on IYCF
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Session 71 – January 2016
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1
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Benin
(3rd-5th
periodic report)
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yes
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Indirect – Data collection (§ 17): expeditiously improve its data
collection system […]. Right to
life, survival and development (§ 29): ensure the promotion of
medically assisted deliveries in health centres by trained midwives; the
monitoring of new-borns in the community […]. Health (§ 53a, b): implement and apply the OHCHR Technical
guidance on the application of a human rights-based approach to the
implementation of policies and programmes to reduce and eliminate preventable
mortality and morbidity of children under 5 years of age (A/HRC/27/31);
strengthen its efforts to further reduce infant and child mortality, focusing
on prevention and treatment, including taking vaccine doses, improving
nutrition and sanitary conditions, increasing access to drinking water
especially in the rural areas and in schools, and fighting against
communicable diseases, malnutrition and malaria.
Direct
- Breastfeeding (§ 59): adopt measures to accelerate adequate nourishment
of children and breastfeeding, by sensitizing society through awareness
raising campaigns, capacity building for health professionals, supporting
breastfeeding mothers with specialists and revitalizing the “Child-Friendly
Hospitals” initiative; widening the scope of maternity leave regulations to
include mothers working in the informal sector.
|
2
|
Brunei Darussalam
(2nd-3rd periodic report)
|
no
|
Indirect – Data collection
(§ 16): expeditiously improve its data collection system […]. Health (§ 52): allocate sufficient
financial and human resources to health services, particularly child health
and nutrition, providing effective access to trained and qualified
health-care personnel.
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|
3
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France
(5th
periodic report)
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yes
|
Indirect – Data collection
(§ 16): improve
its data collection system covering all areas of the Convention […]. Children’s rights and the business
sector (§ 21a, b): establish a clear
regulatory framework for industries operating under the jurisdiction and
control of the State party to ensure that their activities do not negatively
affect human rights or endanger environmental and other standards, especially
those relating to children’s rights;
ensure that companies effectively implement international standards,
including on human rights, the environment and health; requirement of due
diligence processes; effective means
exist for monitoring implementation and appropriately sanctioning and
providing remedies whenever violations occur; thoroughly investigate possible
lapses in the performance of these obligations by French companies or their
subsidiaries operating abroad.
Direct
– Health (§ 62b):
fully implement the International Code of Marketing of Breast-milk
Substitutes and further promote exclusive breastfeeding practices
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4
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Haiti
(2nd-3rd periodic report)
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no
|
Indirect – Data collection
(§ 14b, c, d, f):
develop a system of data collection and indicators consistent with the
Convention […]. Health (§
49): address the lack of health staff by
training, recruiting and retraining qualified health workers and provide all
parts of the country with accessible and high ‑quality health-care
facilities; undertake all necessary measures to reduce under-5 and neonatal
mortality rates, including by preventing infectious diseases and ensuring
care for newborns during the neonatal period and adequate resources to
provide emergency services and resuscitations in rural areas; address the
root causes of maternal mortality and decrease the maternal mortality rate
including by adopting a comprehensive safe motherhood strategy which
prioritizes access to quality antenatal, postnatal and obstetric services
[…]; take all appropriate measures to prevent the spread of communicable
diseases […]; implement and apply the OHCHR technical guidance on the
application of a human rights-based approach to the implementation of
policies and programmes to reduce and eliminate preventable mortality and
morbidity of children under 5 years of age (A/HRC/27/31). Adolescent Health (§ 51): ensure that sexual
and reproductive health education is part of the mandatory school curriculum
and targeted at adolescent girls and boys.
|
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5
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Iran
(3rd-4th
periodic report)
|
no
|
Indirect
– Data collection
(§ 20): strengthen its data collection
system […]. Health (§ 70): increase the allocation of public funds to
improve the health situation of inhabitants of remote areas, focusing in
particular on the health infrastructure.
|
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6
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Ireland
(3rd-4th
periodic report)
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no
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Indirect – Data collection
(§ 18): data collection
system should cover all areas of the Convention and should be disaggregated
in order to facilitate analysis on the situation of all children, in
particular those in situations of vulnerability. Children’s rights and business sector (§ 24a, b): strengthen
its regulatory framework for the industries and enterprises operating in the
State party to ensure that their activities do not negatively affect the
rights of the child or endanger environmental and other standards; establish
independent mechanisms to monitor the implementation by business enterprises
of international and national environment and health standards; appropriately
sanction and provide remedies when violations occur.
Direct
– Breastfeeding (§ 52): strengthen its efforts to promote
exclusive and continued breastfeeding by providing access to materials and
raising awareness concerning the importance of breastfeeding and the risks of
formula feeding; in particular, measures for the Traveller community should
be included; review and strengthen training for health-care professionals on
the importance of exclusive breastfeeding; further increase the number of
hospitals certified as baby-friendly; develop and implement a national
strategy on the breastfeeding of infants; and in doing so, consider implementing
the International Code of Marketing of Breast-milk Substitutes, along with
adequate measures for its enforcement.
|
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7
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Kenya
(3rd-5th
periodic report)
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no
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Indirect – Data collection (§ 14a): expedite establishment of a
comprehensive data collection system which covers all areas of the Convention
[…]. Children’s rights and business
sector (§ 20): establish a
clear regulatory framework for business enterprises operating in the State
party to ensure that their activities do not negatively affect child rights
or breach environmental, health and labour standards, especially those
relating to children; monitor the compliance of business enterprises with
such regulation, as well as international and national environment, health
and labour standards, and appropriately sanction and provide remedies when
violations occur. Health (§
48d): […] take guidance from the OHCHR Technical guidance on the application
of a human rights-based approach to the implementation of policies and
programmes to reduce preventable maternal morbidity and mortality
(A/HRC/21/22).
Direct
– Breastfeeding (§ 53): establish measures to accelerate adequate nourishment of
children and breastfeeding, by sensitizing society through awareness raising
campaigns, capacity building for health sector professionals, supporting
breastfeeding mothers with specialists, revitalizing the “Child-Friendly
Hospitals” initiative, and fully implementing International Code of Marketing
of Breast-milk Substitutes.
|
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8
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Latvia
(3rd-5th
periodic report)
|
no
|
Indirect – Data collection (§ 17): develop a comprehensive information
system on all areas of the Convention and strengthen the capacity of State
operators to enter data correctly and in a timely manner on the different
areas […]. Health (§ 49a):
ensure that all children have free and timely access to adequate medical
services, including children living in rural areas.
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9
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Maldives
(4th-5th
periodic report)
|
no
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Indirect – Data collection (§ 15): expeditiously
improve its data collection system […]. Children’s rights and business sector (§ 21a): examine and adapt its legislative framework (civil, criminal
and administrative) to ensure the legal accountability of business
enterprises and their subsidiaries operating in or managed from the State
party´s territory.
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10
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Oman
(3rd-4th
periodic report)
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no
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Indirect – Data collection
(§ 18): continue
to improve its data-collection system […]. Health
(§ 50a, c, d): continue to strengthen efforts to
make available adequate financial and human resources to the health sector in
order to ensure the quality of the services for all children across the board,
including children living in remote areas; continue targeted interventions to
prevent anaemia and the stunting, wasting and undernourishment of children,
including the promotion of proper infant and young child feeding practices,
continue to raise awareness of nutrition issues, and promote overall
nutrition education in all parts of the State party; continue to improve
maternal care, including by ensuring the quality of the services, and raise
awareness among women of the importance of antenatal, perinatal and
post-partum care, of sound nutritional practices for pregnant women,
including taking iron and folic acid supplements during pregnancy to prevent
and treat anaemia, and of optimal birth spacing to protect the health of
mothers and children.
Direct
- Health (§ 50f, g): promote proper infant and young child feeding practices;
strengthen measures to improve the practice of exclusive breastfeeding for
the first six months, and intensify efforts to improve healthy nutritional
practices through awareness-raising programmes, including campaigns, and the
provision of information and training to parents and relevant officials,
particularly staff working in maternity units; step up monitoring and
enforcement of the legislative framework regulating the marketing of
breast-milk substitutes.
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11
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Peru
(4th-5th
periodic report)
|
no
|
Indirect
– Data collection (§
16): continue to improve its data-collection system […]. Children’s rights and business sector (§ 24a): ensure
effective implementation by companies […] of international and national
environment and health standards, and effective monitoring of the
implementation of those standards; appropriately sanction violators and
provide remedies for victims when violations occur; and ensure that
appropriate international certification is sought. Health (§ 54a, b): continue to
strengthen its efforts to address child mortality and malnutrition, focusing
primarily on children living in poverty, children living in rural and remote
areas and indigenous children. In this context, the State party should
consider the technical guidance on the application of a human rights-based
approach to the implementation of policies and programmes to reduce and
eliminate preventable mortality and morbidity of children under 5 years of
age (A/HRC/27/31); ensure equal access to quality health services by all
children, including children living in rural and remote areas.
Direct - Health (§ 54e): strengthen
its efforts to promote exclusive breastfeeding until 6 months of age by
raising awareness among health personnel and the public of the importance of
exclusive breastfeeding and ensure effective implementation and monitoring of
the Rules on Infant Food.
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12
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Senegal
(3rd-5th
periodic report)
|
no
|
Indirect – Data collection
(§ 16): expeditiously improve its data collection system […] and ensure that
data cover all areas of the Convention and are disaggregated […]. Children’s
rights and business sector (§ 20): establish clear regulations and a nationwide
legislative framework, including through the adoption of agreements between
private enterprises and the State party at the local level, requiring
companies operating in the State party to adopt measures to prevent and
mitigate the adverse impact on child rights of their operations in the
country. Right to life, survival and development (§ 28): take all
necessary measures to prevent and to protect children from malnutrition […]. Health (§
52): allocate sufficient financial and human resources to health services,
particularly for child health and nutrition, providing effective access to
trained and qualified health care; take all measures necessary to reduce
mortality rates by improving prenatal care and preventing communicable
diseases; expedite the adoption and implementation of the new Nutrition
Enhancement Programme; expedite the adoption and implementation of the new
Nutrition Enhancement Programme.
Direct
- Health (§ 52): continue encouraging exclusive
breastfeeding for six months with appropriate introduction of an infant diet
thereafter, with the aim of reducing neonatal as well as under-five
mortality; strengthen monitoring of the implementation of the code on
marketing breast milk substitutes, implement a deterrent sanctioning system
and ensure that the Food and Drugs Authority is committed to enforcing the
said code.
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13
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Zambia
(2nd-4th
periodic report)
|
no
|
Indirect – Data collection (§ 16): set up a national database with the
support of its partners, to provide it with sufficient human, technical and
financial resources and to use the data collected and analysed as a basis for
assessing progress achieved in the realization of children’s rights and to
help design policies and programmes to implement the Convention. Children’s rights and business sector
(§ 22c): ensure effective implementation by companies, especially mining
companies, of international and national environmental and health standards
and effective monitoring of implementation of these standards, and
appropriately sanction and provide remedies when violations occur, as well as
ensure that appropriate international certification is sought. Health (§ 48): strengthen its
efforts to allocate appropriate human, technical and financial resources to
child health care; strengthen new-born health interventions and skilled birth
attendance and achieve a higher rate of antenatal care visits; strengthen its
efforts to further reduce infant and child mortality especially by focusing
on preventive measures and treatment, improved nutrition and sanitary
conditions, vaccination uptakes, and the management of preventable diseases
and malaria; implement and apply the Office of the United Nations High
Commissioner for Human Rights technical guidance on the application of a
human rights-based approach to the implementation of policies and programmes
to reduce and eliminate preventable mortality and morbidity of children under
5 years of age (A/HRC/27/31); (f) Ensure that there are enough functional
emergency obstetric neonatal care facilities, particularly in the rural areas
and that health professionals receive adequate training; (g) Strengthen its
efforts to improve access to basic health-care services with trained health
workers for all children and pregnant women, particularly in rural areas.
Direct - Health
(§ 48): provide comprehensive information about breastfeeding in its next
periodic report and promote exclusive breastfeeding of infants for the first
six months of their lives.
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14
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Zimbabwe
(2nd periodic report)
|
no
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Indirect – Allocation of resources (§ 15): substantially
increase allocations in the areas of health, education and social services to
adequate levels. Data collection
(§ 19): expeditiously improve its data collection system […]. Right
to life, survival and development (§ 31):
develop a national strategy to address the problems of poverty, social
security, nutrition and health, including sexual and reproductive health […];
allocate sufficient resources to ensuring the implementation of the 2013 Food
and Nutrition Security Policy. Health (§ 59): strengthen its programmes and increase the
resources allocated for improving the health situation of children, particularly
in rural areas, in line with the Ouagadougou Declaration on Primary Health
Care and Health Systems in Africa (2008); facilitate access to free maternal
and child health services, reduce the incidence of maternal, child and infant
mortality and prevent and combat malnutrition through the sufficient
allocation of resources to critical nutrition interventions and access to
safe drinking water and sanitation; develop long-term strategies for
retaining qualified health personnel and accelerate the training of health
workers; implement the reports of OHCHR on technical guidance on the
application of a human rights-based approach to the implementation of
policies and programmes to reduce and eliminate preventable mortality and
morbidity of children under 5 years of age (A/HRC/27/31). Adequate standard of living (§
65): take all measures necessary to address child poverty and vulnerability
through, inter alia, providing family support services and social protection
to disadvantaged families, including targeted programmes for families that
are particularly vulnerable to poverty, implemented at the community level;
pay particular attention to the rights and needs of children when
implementing its poverty reduction strategy and all other programmes intended
to improve the standard of living in the State party, in particular with
regard to health, nutrition, education and housing.
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