CRC/C/HTI/CO/2-3

Haiti (CRC 24-02-2016)

The Committee considered the combined second and third periodic reports of Haiti (CRC/C/HTI/2-3) at its 2068th and 2070th meetings (see CRC/C/SR.2068 and 2070), held on 15 January 2016, and adopted the following concluding observations at its 2104th meeting (see CRC/C/SR.2104), held on 29 January 2016.

Concluding observations

A. General measures of implementation (arts. 4, 42 and 44 (6))

Cooperation with civil society

18. The Committee, while noting certain initiatives taken by the State party, including through the efforts made by the Working Group on Child Protection, remains concerned that the State party has not developed a well-structured, systematic cooperation with civil society. The Committee is furthermore deeply concerned about cases of violent attacks, including rape, and death threats carried out against human rights defenders, and in particular human rights defenders working on girls’ rights as well as lesbian, gay, bisexual, transgender and intersex rights, and failure to investigate these crimes by the authorities.

19. The Committee urges the State party to ensure that all cases of violent attacks and death threats carried out against human rights defenders are promptly and independently investigated and that those responsible for such abuses are held accountable and subject to commensurate sanctions. The Committee further recommends that the State party strengthen its efforts and establish a well-structured, systematic cooperation with civil society to set clear minimum standards for service providing activities and ensure that the minimum standards are given the necessary follow-up.

C. General principles (arts. 2, 3, 6 and 12)

Non-discrimination

22. While welcoming the adoption in 2014 of the Law on paternity, maternity and filiation, which guarantees equal treatment of children born out of wedlock, the Committee notes with concern that the law is not retroactive thereby excluding children born outside wedlock before 2014 and that insufficient measures have been taken to implement the law, in particular regarding DNA testing. Furthermore, the Committee is concerned about:

(a) Persistent discrimination against girls, subjected to gender stereotypes and violence from the earliest stages of their lives;

(b) Ongoing de facto discrimination against children with disabilities, children in street situations, children engaged in child labour and children born out of wedlock or abandoned by their father, and discrimination, threats and attacks against lesbian, gay, bisexual, transgender and intersex children.

23. The Committee recommends that the State party take all necessary measures to:

(a) Ensure effective implementation of the Law on paternity, maternity and filiation, including by ensuring free access to DNA tests within a reasonable time frame, as well as by raising awareness of the law, particularly among persons living in remote areas;

(b) Ensure the retroactivity of the Law on paternity, maternity and filiation in order to guarantee that it applies to children born before 2014;

(c) Eliminate societal discrimination against girls through public educational programmes, including campaigns, organized in cooperation with civil society organizations, opinion leaders, families and the media to combat the stereotyping of gender roles and build the competence of teachers and other personnel at all levels of the education system on gender equality;

(d) Undertake awareness-raising programmes, including campaigns, with a view to eliminating discrimination against and social exclusion of children with disabilities, children in street situations, children engaged in child labour, children born out of wedlock or abandoned by their father and lesbian, gay, bisexual, transgender and intersex children, protect them against all forms of attack and foster an inclusive and tolerant environment in society, particularly in schools and other spaces for children.