Human rights recommendations on breastfeeding by the Committee on the Rights of the Child (64th session)

The 64^th session of the Committee on the Rights of the Child (CRC Committee) took place in Geneva from 16 September to 4 October 2013. The Committee reviewed the progress of the implementation of the Convention on the Rights of the Child in 7 countries: China, Kuwait, Lithuania, Luxembourg, Monaco Sao Tome and Principe and Tuvalu.

IBFAN submitted 4 alternative reports on the situation of infant and young child feeding for China, Kuwait, Lithuania and Luxembourg. The reports were written in collaboration with IBFAN groups in the countries.

We regret to see that in its concluding observations, the CRC Committee referred specifically to breastfeeding in only 2 out of the 7 countries (China and Tuvalu). In the case of Luxembourg, even if breastfeeding was largely mentioned in the discussion between the CRC Committee and the government delegation, Luxembourg did not receive any recommendation concerning breastfeeding.

Some of the recommendations on health care and on the business sector and its impact on child rights are of relevance for infant and young child feeding and are reported below.

The CRC Committee recommended China and Tuvalu to promote exclusive breastfeeding. It has also stressed the need to establish Baby-Friendly Hospitals (China) and to adopt the International Code of Marketing of Breastmilk Substitutes and resolutions (China, Tuvalu). It also urged Tuvalu to provide training to all health workers about breastfeeding.

The Committee particularly addressed the issue of children affected by contaminated formula in China and recommended the government to strengthen its legislative framework on food and health standard and ensure sanctions and remedies in cases of violation.

An Emphasis has been put on the importance of respecting the right of the child to the enjoyment of the highest standard of health (China, Lithuania, Monaco, Sao Tome and Principe). Countries have been reminded to pay attention to the 2013 General Comment 15 on the right of the child to health, which explicitly recognizes the importance of breastfeeding for the achievement of the right of the child to health. It urges States, in the effort of diminishing infant and child mortality, to devote particular attention to neonatal mortality and suggests, inter alia, to “pay particular attention to ensuring full protection and promotion of breastfeeding practices”. Moreover, “Exclusive breastfeeding for infants up to 6 months should be protected and promoted and breastfeeding should continue together with appropriate complementary foods preferably until two years of age as feasible. States’ obligations in this area are defined in the “protect, promote and support framework”, adopted unanimously by the World Health Assembly” in the Global Strategy for Infant and Young Child Feeding.

Some of the countries are recommended to provide quality training for the health care personnel (and to increase the budget for health programs in general. China is urged to improve health infrastructure as well as availability and accessibility to emergency obstetric and neonatal care, especially in rural and poor areas, in order to prevent child and maternal mortality. Sao Tome and Principe is recommended to undertake surveys in order to understand the causes of maternal mortality and to intensify its efforts to improve access to safe drinking water and sanitation. Lithuania is demanded to ensure maternal care for women who choose to deliver at home and finally, it recommended Monaco to ensure that all children, including non-nationals, enjoy the same access and quality to health services.

A great focus was placed on the need to regulate the impact of the business sector on children’s rights. The CRC Committee drew attention to the 2013 General Comment 16, which specifically calls on States “to implement and enforce internationally agreed standards concerning children’s rights, health and business including the [...] International Code of Marketing of Breast-milk Substitutes and relevant subsequent World Health Assembly resolutions”.

 Countries are recommended to ensure the implementation by companies of both international and national environment and health standards and ensure appropriate sanctions in cases of violations. Countries are also recommended to require companies to undertake assessments of the environmental health-related and human rights impact of their business activities The CRC Committee also focused on the need to prevent mother-to-child HIV/AIDS transmission by improving access to treatment, follow-up treatments and by ensuring early diagnosis, as well as early initiation of treatment.

Direct link to our website: http://ibfan.org/reports-on-the-un-committee-on-the-rights-of-the-child/118

Kuwait to regulate business activities in child rights

Kuwait presented its 2^nd periodic report on the situation of the implementation of the Convention on the Rights of the Child. The next consolidated 3^rd to 6^th periodic report is expected by November 2018. The Kuwaiti delegation was composed of 19 members headed by H.E. Dhara Abdul Razzak Razzooqi, Ambassador, Permanent Representative of the State of Kuwait in Geneva.

IBFAN presented an alternative report on the situation of infant and young child feeding in Kuwait. The report, prepared by IBFAN Kuwait, shows that there are very low exclusive breastfeeding rates. This is due to insufficient coverage and low quality of antenatal education about breastfeeding management, weak support for the baby-friendly hospital initiative (BFHI) as well as lack of timely follow-up and competent support for mothers after hospital discharge. Concerning maternity at work, the duration of maternity leave is shorter than the ILO recommendation of 18 weeks, and women working in the informal sector do not enjoy the same rights as those in the formal sector.

Discussion on health care

The delegation of Kuwait informed the CRC Committee that particular attention was being paid to the social and health aspects of the life of the child, which has led, among other things, to reduce mortality rate. The government allocated a considerable budget to health care.

The issue of breastfeeding and infant and young child feeding has not been directly addressed in the dialogue between the CRC Committee and the government delegation.

The Kuwaiti delegation also specified that specialized centres had been established for HIV and AIDS tests and other sexually transmitted diseases. To date, there is in Kuwait a very limited number of HIV-positive cases thank to the effective programme established by the Government.

Concluding Observations

Kuwait did not receive any direct recommendations on breastfeeding in the Concluding Observations of the CRC Committee.

However, the CRC Committee has addressed to Kuwait recommendations on the impact of the business sector on child rights.

The CRC Committee recalled Kuwait the content of the General Comment no. 16 (2013) on State obligations in regard to the importance of the impact of the business sector on child rights. It recommended to Kuwait to establish and implement regulations in order to ensure that the business sector respects the international and national human rights and complies with labour, environment and specifically with children’s rights.

The CRC Committee therefore recommended Kuwait to: “(a) Ensure effective implementation by companies, especially industrial companies, of international and national environment and health standards; set up effective monitoring of implementation of these standards and appropriate sanctioning and providing remedies when violations occur, as well as ensure that appropriate international certification is sought; (b) Require companies to undertake assessments, consultations, and full public disclosure of the environmental, health-related and child rights impacts of their business activities and their plans to address such impacts”.

The Committee also mentioned the importance of respecting the environment in order not to contaminate water. It urged Kuwait to: “(c) Take immediate measures to relocate all families and children subjected to pollution that endanger their life and health status; and (d)  Be guided by the United Nations “Protect, Respect and Remedy” Framework, accepted unanimously in 2008 by the Human Rights Council, while implementing these recommendations” (para 23-24).