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There are opposite stances between new dynamics and old uses, such as the school enrolment and the use of children in begging, the early marriages practice and the relating pregnancies against the request by some Roma women to delay the wedding. Such contradictions stem from the complex setting in which racism-based aggression episodes occurred with the risk of endangering those local projects aimed at the integration of the Roma communities, in particular of Roma women. 285.
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285. On a positive note, those housing and educational policies aimed at moving Roma families from camps to houses and children to attend schools indicate a positive trend. 286. When policies have been focussed on Roma women, their response has been always very positive (for instance by involving Roma cultural mediators in health-care centres). More generally Roma women show their ability to drive their communities towards the integration process. 66 [Question No. 31.]
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66 [Question No. 31.] In his report on his mission to Italy (A/HRC/4/19/Add.4), the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance recommended that the State party combat the exploitation and abuse of migrant workers, particularly in the agricultural sector, and ensure that appropriate legislation be put in place to protect women migrants working as caregivers and domestic workers.
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Please provide details on the steps taken in response to this recommendation. 287. By recalling the previous replies under paras 218-219, Italian Authorities recall as follows: In the conversion into law of Legislative Decree 78/2009 containing anti-crisis measures, specific provisions were introduced for the “declaration of family assistance and support activities” (art. 1- ter, Act No. 102/2009).
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1- ter, Act No. 102/2009). This provision regulated the possibility of declaring family assistance and support activity, and regularizing the working position of non-European-Community workers present on national territory.
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These workers had have been employed by employers for at least three months prior to 30 June 2009, and at the time of the declaration, still be employed for the needy family support activity or for the assistance activity, for themselves or persons suffering from pathologies or handicaps limiting their self-sufficiency.
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Data from the Ministry of the Interior show that from 01 through 30 September, one-stop-shops for immigration (Sportelli unici per l'immigrazione) received a total of 294,744 applications, 180,408 for domestic help, and 114,336 for care workers. 288.
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288. In substance, it was a legislative measure in favour of families, with an intervention aimed at helping, as much as possible, to bring out into the open the irregular labour of domestic help and care workers – many of whom women – which is in fact quite widespread in our country. 289. The top ten nationalities in terms of applications are as follows:  Ukrainian 37,178 (12.61%)  Moroccan 36,112 (12.25%)  Moldavian 25,588 (8.68%)  Chinese (7.16%)  Bengalese (6.30)  Indian (5.96%).
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 Egyptian (5.54%)  Senegalese (4.63%)  Albanian (3.78%)  Pakistani (3.66%), Refugee and asylum-seeking women [Question No. 32.] In its previous concluding observations, the Committee encouraged the State party to revisit the provisions of Law 189/2002 with a view to removing the current restrictions on migrant women, and adopting laws and policies which recognize gender-related forms of persecution in the determination of refugee status.
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Please inform the Committee whether steps have been taken in this direction. Please also explain whether the fear of being exposed to female genital mutilation in the country of origin is considered in the State party as a recognized ground for international protection. 290. By recalling the relevant concluding observations, the above-mentioned legislation (Bossi-Fini Act) does not discriminate on the ground of sex nor it affects migrant women.
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With specific regard to the recognition of the refugee status, Italy recalls that it ratified the relevant 1951 Geneva Convention, by Act No.722/1954, as later supplemented by other specific legislative measures, especially on asylum-seekers. As for the examination of the application of the asylum-seeker, on an individual basis, the relevant legislative framework does not mention a specific circumstance 67 referring to gender-based persecution, including in the event of fear of being exposed to FGM.
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However, from a substantial standpoint, the joint reading of Arts.3-10 of the Italian Constitution provide guidance to this end. Article 10 envisages the granting of the refugee status, by laying down “(para.3) Foreigners who are, in their own country, denied the enjoyment of those democratic freedoms guaranteed by the Italian Constitution, are entitled to the right to asylum under those conditions provided by law”.
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Article 3 envisages the principle of non discrimination, including on the ground of sex, which entails the effective enjoyment of all human rights and fundamental freedoms which cannot be diminished on the ground of sex. Given this framework, the relevant Committees being in charge of determining each asylum-related case will also determine it by considering the above constitutional framework in addition to the relevant national legislation being in force at the time of the examination of each case.
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Women with disabilities [Question No. 33.] The report refers to several legal instruments aimed at ensuring the access of persons with disabilities to the labour market. There is, however, a relevant gender gap with only 1.8 per cent of women with disabilities in comparison to 6.8 per cent of men with disabilities having a job (para. 362). Please explain what measures the State party has taken to tackle this problem. 291. Act No.
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291. Act No. 67/2006, on "Measures for the legal protection of persons with disabilities, victims of discrimination" has introduced in our legal system new tools for their protection, in accordance with Art. 3 of the Italian Constitution (principle of non discrimination). 292.
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292. To implement the above Act, Ministerial Decree of 21 June 2007 identifies, through an Inquiry Commission, the associations and organizations that can give legal assistance to persons with disabilities, victims of discrimination, including those relating to the access to the labour market. At present 61 associations have been granted the relevant locus standi. 293.
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293. For ad hoc projects, by a Public Notice issued on February 5, 2010, the DEO financed initiatives on the “Promotion of the equal opportunities for persons with disabilities in art and sport”. In particular the DEO allocated 2.000.000,00 euros for 37 projects. 294. Italian Authorities launched ad hoc communications and awareness-raising campaigns. In this regard it is worthy of mention the one, entitled “Different abilities but the same will to live”.
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The message of the campaign was not conceived in terms of compassion. Rather it was intended to send a positive message by which the disability can impede people to do something but not everything. 295. The campaign was widely carried out through the main media (TV, radio, newspapers) and activities and seminars performed at local level. The DEO also organised several events within the International Day on the persons with disabilities on December 3, 2010. 296.
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296. It is also worthy of mention the National Observatoru on the situations of persons with disabilities, as established pursuant to Art.3 of Act No.18/2009, chaired by the Ministry of Labour and Social Policies (The Osservatorio‟s regulations are governed by Inter-ministerial Decree No. 167 of July 6, 2010. On November 30, 2010, the Ministerial Decree was signed to establish the Osservatorio, which met for the first time in Rome on 16 December 2010). 297.
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297. This Osservatorio is a technical/scientific support and consultative body to develop national policies in the relevant sector (Art.1 of Act No.
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18/2009), with specific regard to:  promoting the implementation of the UN Convention on the Rights of Persons with Disabilities, as signed in New York on 13 December 2006; 68  preparing a biennial action programme for the promotion of rights and the integration of persons with disabilities, in the implementation of national and international legislation;  promoting the collection of statistical data and the performance of studies and research on the issue;  preparing the report on the state of implementation of disability policies.
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298. Pursuant to Article 33, paragraph 1, of the above UN Convention, the Observatory becomes the privileged body to ensure the implementation of relevant provisions, including those regarding the situation of women and minors with disabilities (Articles 6 and 7). 299.
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299. As part of the Convention between the Ministry of Labour, Health, and Social Policies and ISTAT – which calls for performing statistical and fact-finding surveys on disability – a specific area of research is aimed at the collection of data regarding women with disabilities in Italy. 300. At the overall national level, 39.9% of those with disabilities entering the labour market were women. This percentage rose in 2009 up to 40.4%. 301.
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This percentage rose in 2009 up to 40.4%. 301. Women with disabilities are either hired on direct call or through the so-called programmed agreement (convenzione di programma) pursuant to Art.11, paragraph 1, of Act No. 68/99. 302. In 2009 there was the increase in the former system and the relating collapse of the latter (from 21, in 2008, to 7, in 2009). 303. Special attention is paid to those companies not subject to the obligation pursuant to Act No. 68/99.
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68/99. In 2009 there was a reduction in the recruitment from 833 to 752 units. 304. The 2008-2009 period showed the rise in the application of the agreements pursuant to Art.14 of Lgs. D. No.276/03 (from 1 unit, in 2008, to 11 units, in 2009)20. 20 Women with disabilities continue to be the most disadvantaged in entering the labour market: only 1,8% of women while men amount to 6,8%.
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69 ANNEXES ANNEX I: MINISTRY OF LABOUR ANNEX II: ISTAT ANNEX III: MINISTRY OF JUSTICE ANNEX IV: MINISTRY OF INTERIOR TOTAL MALES FEMALES 15-44 73,3 51,5 62,5 45-64 70,6 39,7 54,9 OVER 65 7,5 1,6 4,2 TOTAL 61,0 37,5 49,0 15-44 22,3 13,9 18,4 45-64 24,6 10,4 17 OVER 65 0,9 0,3 0,5 TOTAL 6,8 1,8 3,5 15-44 72,9 51,2 62,2 45-64 69,8 39,1 54,2 OVER 65 6,6 1,3 3,5 TOTAL 59,1 35,2 46,7 GENDER Persons with disabilities employed, over the age of 15.
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Year 2005 (for 100 persons ) AGE GROUP Fonte: Indagine "Condizioni di salute e ricorso ai servizi sanitari". 2005 TOTAL WITH DISABILITIES' WITHOUT DISABILITIES 70
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REPUBLIC OF SENEGAL One People – One Goal – One Faith April 2018 IMPLEMENTATION OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD 2011-2017 REPORT OF SENEGAL Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 2 TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS .......................................................................................................... 3 GENERAL INTRODUCTION ....................................................................................................................... 5 PART ONE .................................................................................................. Error!
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Article 1 : OBLIGATION OF STATE PARTIES .......................................................................................... 6 Article 2 : AGE OF THE CHILD .............................................................................................................. 8 Article 3 : NON DISCRIMINATION ........................................................................................................ 9 Article 4 : BEST INTEREST OF THE CHILD ........................................................................................... 10 Article 6 : NAME AND NATIONALITY ................................................................................................. 11 Article 7 : : FREEDOM OF EXPRESSION .............................................................................................. 12 Article 11 : EDUCATION .................................................................................................................... 13 Article 14 : HEALTH AND MEDICAL SERVICES .................................................................................... 16 Article 15 : CHILD LABOUR ................................................................................................................ 21 Article 16 : PROTECTION AGAINST ABUSE AND ILL-TREATMENT...................................................... 23 Article 21 : PROTECTION AGAINST NEGATIVE SOCIAL AND CULTURAL PRACTICES ... Error!
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CONCLUSION ......................................................................................................................................... 29 ANNEXES ................................................................................................................................................ 30 Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 3 ACRONYMS AND ABBREVIATIONS ACRWC : African Charter on the Rights and Welfare of the Child AECID : Spanish Agency for International Development Cooperation AEMO : Non-institutional Educational Outreach Services AJS : Association of Senegalese Jurists ANCTP : National Agency of the Early Childhood Reception Centers ANSFES : National Association of Midwives of Senegal AOMF : Association of Francophone Ombudsmen and Mediators ASC : Cultural and Sports Association CADHP : African Charter on Human and Peoples' Rights CAPE : Child Protection Support Unit CAS : Center for Social Adaptation CBO : Community Based Organization CCNDH : National Advisory Council on Human Rights CEDAW : Convention on the Elimination of All Forms of Discrimination against Women CEGID : Infant and Family Guidance Center of Dakar CMU : Universal health care coverage CNEC : National Center of Civil Registry CONAFE : National Coalition of Associations and NGOs in Favor of the Child CP : Multipurpose Center CPA : Initial Reception Center CRC : United Nations Convention on the Rights of the Child CS : Rescue Center CSDH : Senegalese Committee on Human Rights DDH : Human Rights Directorate DDPEGV : Directorate of Rights, Protection of the Child and Vulnerable Groups DESPS : Directorate of Correctional Education and Social Protection DF : Directorate of the Family DGAS : General Directorate of Social Action EDEN : Education and Child Development EDF : European Development Fund Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 4 GER : Gross Enrollment Rate ILO : International Labor Office MEN : Ministry of Education MSAS : Ministry of Health and Social Action NGO :
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MSAS : Ministry of Health and Social Action NGO : Non-Governmental Organization ONPN : National Office of the Wards of the Nation PAMEC : Project for the Modernization of the Civil Registry PAMOD : Project for the Modernization of the Daaras PAP : Priority Action Plan PAQUET : Program for the Improvement of the Quality, Equity and Transparency PARRER : Partnership for the Withdrawal and Reintegration of Street Children PNBSF : National Family Safety Scholarship Program PNE : National Children's Parliament PSE : Emerging Senegal Plan RADDHO : African Engagement for the Defense of Human Rights RPJM : Project for the Strengthening of Legal Protection of Minors RH : Reproductive Health TAMA : Average Annual Completion Rate TBA : Gross Completion Rate TBPS : Gross Pre-School Rate UNICEF : United Nations Children’s Fund UNODC : United Nations Office on Drugs and Crime Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 5 GENERAL INTRODUCTION The Government of the Republic of Senegal extends its thanks to the African Committee of Experts on the Rights and Welfare of the Child (CAEDBE) and submits to the Committee its Periodic Report on the Implementation of the African Charter on Human Rights and Child Welfare (ACRWC), pursuant to article 43 and the concluding observations of the Committee, following the consideration of the initial report at its 18th session, held in Algiers, Algeria, from 27th November to 1st December 20111.
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The preparation of this report2 takes place in a context particularly marked by the commitment of the authorities from the presidential elections of March 2012, just after the consideration of the initial report of Senegal, to further ensure the promotion and protection of human rights in general, and of children’s rights in particular.
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According to the results of the general census of the population and housing, agriculture and livestock carried out in December 2013, the population of Senegal is estimated at 13,508,715 inhabitants of which 49.9% are men and 50,1% are women. The fertility rate averages 5.1 children per woman. This population is characterized by its youth. As a matter of fact, more than half of the population is under the age of 20, accounting for 52.7%, with children under 15 making up 42.1% of the overall population.
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Nevertheless, the child protection sector is still marked by the persistence of the phenomenon street children, the non-registration of many children in the civil register, the persistence of violence against children, including child marriages and the practice of excision.
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It is in this context, and upon the instructions of the President of the Republic, that the government adopted on December 27, 2013, the National Strategy for Child Protection (SNPE), which is today the political document of reference in promoting and protecting the rights of the child. The first 2013-2015 action plan of SNPE has been implemented and the second which covers the period 2016-2018 is currently being implemented with convincing results.
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In parallel with this momentum, the Government of the Republic of Senegal strives to fully fulfill its obligations to report to the international community on its efforts to fulfil the rights of the child.
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In this framework, the initial reports on the implementation of the optional protocols to the International Convention on the Rights of the Child relating, one to the involvement of children in armed conflict, and the other, to the sale, child prostitution and pornography 1 The report covered the period 1998-2009 2 This report covers the period 2011-2017 Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 6 were transmitted to the United Nations Committee on the Rights of the Child in 2014.
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The review of the 3rd, 4th and 5th periodic reports on the implementation of the International Convention of the Rights of the Child (consolidated in one document) sent since 2012, took place in Geneva in January 2016. Also, the preparation and transmission of this report on the implementation of the ACRWC marks the closing of the lag gap in the monitoring of the rights of the child. This report, prepared in accordance with the Committee's guidelines on the subject, is structured in two parts.
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The first relates to the responses to the various questions and recommendations of the Committee following the review of the initial report. The second presents the progress noted in the implementation of the other articles of the Charter in Senegal. PART ONE RESPONSES TO THE RECOMMENDATIONS OF THE COMMITTEE Following the review of the initial report in 2011, the Committee's concluding observations addressed issues of concern and made substantial recommendations.
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Senegal
The Government of the Republic of Senegal provides, below, the elements of response. Article 1: OBLIGATION OF STATE PARTIES The Committee commends the Government of Senegal for the Constitutional and Legislative efforts to translate the rights and freedoms of the child into the domestic law of the country and to ensure child protection at all levels. Indeed, many texts promote the rights of the child and the Charter, notably Articles 16 and 20 to 23 of the Constitution.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
However, the institutional arrangements in place would not favor the rationality of the interventions, let alone the effectiveness of the actions.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
The reasons for this include: problems of coordination of actions, lack of adequate structures and qualified personnel for the care of vulnerable children, inconsistency between certain provisions of the Charter and national legislation (example: marriages of children, exploitation of children by begging, persistence of certain harmful traditional practices, plurality of definitions of the child, etc.).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 7 The Committee recommends that the Government of Senegal takes the necessary measures to ensure that these problems which hinder the enforcement of the laws in favor of the rights and welfare of children are solved. In 2012, as part of a concerted scientific approach, the Government carried out a study on the mapping and analysis of protection systems in Senegal.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
It is on the basis of the results and recommendations of this study that Senegal has engaged in a participatory and inclusive process to adopt, on December 27, 2013 in an interdepartmental council chaired by the Prime Minister, a National Child Protection Strategy (SNPE), implemented through an integrated institutional mechanism and operational action plans.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
With the adoption of the SNPE, the institutional mechanism for coordinating and monitoring interventions for the benefit of the child has been strengthened and improved by the creation of the National Intersectoral Committee for Child Protection (CINPE), through the Prime Minister’s decree No. 01333 of January 24, 2014 amended by the No. 06788 of April 29, 2016.
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Senegal
06788 of April 29, 2016. The strategic orientations defined by the Committee are implemented by a National Executive Secretariat for Child Protection (SENPE) which relies on four (04) Technical Commissions. At the decentralized level, actions in favor of children are carried out through the Child Protection Committees. Of the forty-five (45) departments in Senegal, thirty-eight (38) have a Departmental Committee for Child Protection.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In addition, at least seventy-two (72) Child Protection Monitoring Committees (CSPEs) have been set up at the district level, as well as eighty-four (84) Communal Child Protection Committees (CCPE) and a thousand one hundred and ninety-eight (1198) Village or Community Protection Committees (CVPE / CQPE).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Today, the coordination mechanism of the SNPE is reinforced by the establishment, in September 2017, of a new ministerial department dedicated to Child Protection, as well as the creation of new State structures responsible for ensuring a better care for children in vulnerable situations.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
For example, three (03) new Initial Reception Centers (CPAs), four (04) Social Rehabilitation Centers (CRS), two (02) Day Drop-in Centers and ten (10) Centers for the Promotion and Social Reintegration (CPRS) were created between 2012 and 2017. The setting up of these structures is accompanied by the recruitment of a qualified personnel made up of specialized educators and social workers.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Furthermore, civil society organizations contribute to the care of vulnerable children by opening and running reception centers as part of the integrated child protection system.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 8 In addition, the Government has developed, in collaboration with partners involved in the field of child protection, tools for the collection and management of data in protection, thus taking an important step in the establishment of a national child protection information management system.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Article 2: AGE OF THE CHILD The Committee recommends that the Government of Senegal take all appropriate legislative measures to ensure the protection of the girl and to comply with Article 2 of the Charter. Senegal has embarked on a process of reform aimed at harmonizing its national legal framework with international legal instruments (African Charter on the Rights and Welfare of the Child, Convention on the Rights of the Child).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In 2013, Senegal adopted a policy aimed at providing, through an integrated protection system, a political and legal environment that protects children, their families and communities against all forms of violence. This helps to provide a holistic response to child marriage phenomena. As part of the African Union campaign against child marriage, a national plan of action must be developed.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Thus, in order to strengthen the legal and institutional framework of the rights of the child in Senegal, the bill on the children's code was updated in 2014. The Children's Code aims to correct any imperfections that prevent children from fully enjoying their rights and to combat practices that affect their well-being such as child marriage. Thus, the children’s code has planned to raise the age of marriage of the girl to 18 years.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Indeed, Article 50 of the draft Code provides: "Child marriage and the pledging of girls and boys in marriage are forbidden. The minimum age for marriage is 18 for both girls and boys. The State ensures the compulsory legal registration of all marriages”.
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Senegal
Fight against gender-based violence (GBV): The State has initiated, as part of the Priority Solidarity Fund (FSP), a project "to support the fight against gender violence in schools" for a multisectoral, interdepartmental and (multi- level) approach in schools and in the community.
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Senegal
This project aims to improve access to and retention of girls at school by: Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 9 • The establishment of safe and gender-sensitive learning environments and the reduction of gender inequalities in access to and retention in school, especially for girls; • Improving the knowledge of the impact of GBV on school enrollment and its quality among ministerial officials, educational staff, communities, women and men included.
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Senegal
The issue of violence is also one of the priorities of the Program for Improving Quality, Equity and Transparency (PAQUET), aimed at curbing one of the obstacles to promoting the education of children and especially girls. In addition to Child Protection Committees, School medical checkups, Gender Offices, Secondary Education Inspectors (School Life Option), Awareness and Training Tools and a Gender and Human Rights Booklet currently in the course of finalization are made available to the actors.
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Senegal
In 2015, Standard Operating Procedures (SOPs) were disseminated to stakeholders and regional action plans developed in the 14 regions for specific GBV management at community level. Law No. 99-05 of 29th January 1999 on FGM has been translated into national languages and disseminated nation-wide. Senegal has developed its first national action plan for the eradication of GBV and the promotion of human rights (PAN / VBG / DH).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
This joint multisectoral document (2017-2021) has been implemented and has generated the regional action plans as primary results. The PAN / VBG / DH covers all aspects of the fight against violations of women's rights and intra- family violence. Legal assistance for rape victims is guaranteed and children raped benefit from psycho-social assistance free of charge.
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Senegal
Article 3 : NON DISCRIMINATION The Committee invites the Government to provide flexible means of acquiring nationality that would allow conferring Senegalese nationality to any child of a Senegalese parent, in order to avoid discrimination and injustices that will hinder the survival and development of the child. This recommendation was fully implemented with the adoption of Law No. 2013-05 of 8th July 2013, amending Law No. 61-10 of 07th March 1961 determining Senegalese nationality.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 10 Thus, Articles 5, 7, 7A, 9, 10, 12, 15, 20 and 21 of this law have been amended to fully conform Senegalese legislation to international standards. For instance, article 5 of the law no. 2013-05 of July 08, 2013 stipulates that: "Is Senegalese, any child born of an ascendant in the first degree who is Senegalese".
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Senegal
Article 9 specifies that: "the child who is the subject of a full adoption acquires Senegalese nationality if the adopter, or, in the case of joint adoption, one of the adopters is Senegalese". In addition, Article 10 of Law No.
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Senegal
In addition, Article 10 of Law No. 2013-05 of 8th July 2013 facilitates the guarantees of acquisition of nationality in favor of the child, stating that: "Becomes legally Senegalese, provided that its filiation is established in accordance with Chapter I of Book III of the Family Code, any minor child whose one parent acquires the Senegalese nationality ". The Nationality Code thus facilitates the acquisition of the nationality by a child.
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Senegal
Article 4: BEST INTEREST OF THE CHILD The Committee recommends that the Government of Senegal develop a legislative framework relating to the best interests of the Senegalese child; a framework that tries to reconcile positive customary values with modern scientific evidence and serves as a common reference for all legal and civil advocates of the rights and welfare of children in Senegal.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
At the legal level, several provisions of internal positive law ensure that the best interests of the child are taken into account. The Family Code, which guarantees the rights of the child, particularly with regard to filiation, support by his parents, as in the context of divorce, legal separation or succession proceedings, requires magistrates to consider in all these procedures the greatest benefit of the child.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Article 278 of the Family Code provides, in this sense, that "in the event of divorce or separation from bed and board, the judge entrusts the custody of the child to one or the other parent, or, where appropriate, to a third party, taking into account the child's greatest benefit ". The decision is subject to change, but always, under the exclusive criterion of the best interests of the child.
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Senegal
At the institutional level, the forthcoming creation of an independent institution called the Children's Advocate aims, inter alia, to reinforce the principle of the best interests by taking into account and fulfilling their right to protection. Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 11 In addition, administrative and judicial procedures have been developed to ensure better consideration of the best interests of the child, particularly in bills currently being finalized.
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Senegal
These include the development of waiting and hearing areas for minors in the courts, provided for in the reform of the Criminal Code and the Code of Criminal Procedure and the formalization of the construction of ramps to facilitate access of disabled children to school infrastructure which has become a requirement in the specifications for the building of school infrastructure.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Article 6: NAME AND NATIONALITY The Committee recommends the continuation of the training of civil registrars at Community level to facilitate the registration of children at birth. The government is pursuing efforts in the area of capacity building for civil registrars through the organization of various training sessions, in close collaboration with local authorities, the civil society and development partners.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In the last two years, 357 civil registrars and hundreds of community actors (district leaders, imams, traditional communicators) have been trained on the rules and procedures of civil status and their role in achieving universal registration. Also, at least 15,418 people were directly sensitized on the importance of birth registration. These efforts raised the civil registration rate for children aged 0-5 from 72.7% in 2014 to 80% in 2016.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
The Government is resolutely pursuing its efforts for the universal civil registration of all births, in accordance with its objectives. Since 2012, the State has made an exceptional effort to increase the number of civil status centers, improve their functioning and provide birth certificates to already-born children.
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Senegal
The number of civil status centers has been increased with the advent of the Phase 3 of the Decentralization which allowed the former Rural Communities to become full-function communes, thus having their own civil status centers. Today, Senegal has 587 civil status centers distributed in 552 municipalities. Another equally important path has also been engaged by the State of Senegal. It mainly concerns the computerization of civil status centers and the digitization of civil status records.
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Senegal
To date, 15,710,882 civil status records have been digitized out of a total of 23,021,098 and more than 66 civil status centers have been computerized and connected to HERA as part of the Program for the Modernization of Civil Registry (PAMEC) funded by the European Union and UNICEF.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 12 The computerization of the civil status system is a priority for the government, illustrated by the acquisition and validation of HERA data management and processing software and its experimentation at pilot centers. Several local authorities have computerized their civil status service, with the assistance of the National Center for Civil Status.
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Senegal
The partnership between UNICEF and the State of Senegal has developed for three years a collaboration between the health sector and the civil status centers to increase the registration rate of children in the civil registry. This collaboration resulted in the establishment of 207 Vital Statistics / Health Corners in health posts and health centers in the Kolda, Sedhiou, Ziguinchor and Tambacounda regions.
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Senegal
The interoperability between health and civil status has also resulted in the training of Framework regional teams (ECRs), Framework District Teams (ECDs), liaison people and service providers on child registration procedures in the civil registry in order to allow the systematic guidance and support of women during pre- and post-natal visits.
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https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In addition, 76 health districts in the 14 regions have benefited from 672,470 revised maternal and child health records containing information on birth registration procedures.
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Senegal
At the material level, 14,100 birth registers, 89,000 printed birth extracts and certificates forms, and 18,000 district notebooks for pre-registration by district delegates and village chiefs, were distributed to the ten civil status centers of partner local authorities at the level of the suburbs of Dakar and in rural areas in the departments of Thiès, Fatick, Diourbel and Louga.
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Senegal
Article 7: FREEDOM OF EXPRESSION The Committee invites the Government to reconsider the educational objectives of the Children's Parliament, the pedagogical and financial realism of the decisions relating to it, the degree of adhesion of the educational actors to this approach, etc. In any case, the Government must ensure that the Children's Parliament does not lose its essential educational character. It should contribute to the improvement of educational relationships at home, at school and in society.
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Senegal
It must also have a positive impact on individual and collective academic outcomes. To encourage children's freedom of expression and enhance their participation in public life, the Government initiated a project in 2013 to revitalize the National Children's Parliament with the institutionalization and revision of the participation model as major axes.
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Senegal
To this end, a working group made up of representatives of the Ministries of Women, Family and Children, Justice, Education, Youth, the National Assembly, the office of the President of the Republic and Partners has been instituted. Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 13 The work of the group was sanctioned by the drafting of a decree establishing the National Children's Parliament (PNE).
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Article 1 of the draft decree thus provides, with regard to institutionalization, that "it is established in Senegal an institution called the National Children's Parliament". Besides the institutionalization, all the concerns raised are taken into account by the draft decree.
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Articles 2 and 8 of the Decree specify, among other things, that members of the Parliament are children between the ages of 7 and 18, schooled, out-of-school, disabled, apprentices from modern Koranic schools, etc., elected by their peers for a three-year term renewable once. The draft decree also provides for public support to the National Children’s Parliament.
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Senegal
Article 8 on the budget states that "it is entered annually in the budget law, in the budget of the Ministry for Children, budget lines relating to the care and operation of the National Children’s Parliament. Regarding the revision of the participation model, a more inclusive and representative voting system was shared and adopted to facilitate the renewal of the National Children's Parliament.
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All children must be represented in the PNE, without any discrimination of race, religion, sex, social status or disability. The structuring of the National Children’s Parliament must respect the parity girls and boys. It also takes into account the new policy of decentralization marked by the transformation of departments, until then, administrative districts into local authorities.
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Senegal
Thus, the Parliament will have three levels of representativeness: (i) the Electoral College at the municipal level, (ii) the Departmental Parliament and (iii) the National Parliament. In the field of education, the establishment of School Governments (GS) makes it possible to encourage the participation of children in the management of their schools.
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Senegal
With school governments, students have the opportunity to share their views and opinions on the smooth running of schools, on the education sector in general. Article 11 : EDUCATION The Committee suggests fencing the schools, establishing water points, building separate toilet blocks, improving working conditions, continuing the policy of building and rehabilitating classrooms, ending the exclusion of pregnant girls from school and allowing their reintegration after childbirth.
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Senegal
The physical environment of schools is composed of ancillary works such as latrines, administrative blocks, fence walls, water points, etc. The objective of expanding the Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 14 reception capacity that was started during the implementation of the PDEF continued with the PAQUET. Thus, at the level of preschool education, the coverage in terms of fencing represents 76.6% in total.
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It is 31.76% for the Public, 55.53% for the Private and 12.73% for the Schools of the Third type (Community and Associative). The presence of latrines in preschools is relatively satisfactory with 76.2% coverage at the national level. This rate is unequally distributed according to status. The private represents 54.64% followed by the Public with 32.75% and the third type 12.61%.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In 2016, 79.5% of preschool facilities have water distributed as follows: 33.70% for the Public, 47.53% for the Private and 18.77% for the Community and Associative schools. At the national level, the percentage of public schools with latrines in urban areas is 85.1%. The percentage of fenced public elementary schools is 38.50%, of which 74.5% in urban areas and 30.5% in rural areas.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Water availability in elementary schools at the national level reached a percentage of 67% distributed between urban (83.9%) and rural (63.3%) areas. Temporary shelters decreased nationally from 9.92% in 2015 to 9.1% in 2016, a decrease of 0.82 percentage points. School building programs to replace shelters in elementary schools have all contributed to slowing the progression rate of temporary shelters in the system.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
In the general intermediate education, in 2016, 86% of public secondary schools had access to water. Compared with (83%) in 2015, there is a slight increase of 3 percentage points. With regard to the presence of fencing, in 2016, 65% of middle-level secondary schools have one, a sharp increase of 07 percentage points compared to the 2015 rate (58%).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
With regard to the presence of latrines, 82% of middle-level secondary schools have been provided with latrines in 2016, a slight increase of one percentage point compared to the 2015 rate (81%). In secondary education, the issue of the improvement of the school environment is not overlooked due to efforts of enrolment of children, particularly in terms of providing a minimum package of services.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Thus, in 2016, 95% of public secondary schools have access to water compared with (94%) in 2015; a slight increase of 1 percentage point is noted. With regard to the presence of fences, in 2016, 85% of secondary schools have been fenced, a sharp increase of 06 percentage points over the 2015 rate (79%).
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 15 Regarding the presence of latrines, 91% of secondary schools had latrines in 2016, a slight decrease of 3 percentage points compared to the rate of 2015 (94%). Still with the objective of improving the physical environment of schools, the Ministry of National Education has launched a National Program for the total elimination of temporary shelters or Zero temporary shelter Program that will be completed in December 2019.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
This Program will target 4,189 temporary shelters in the Elementary Schools, 1,589 in the Middle Schools and 591 at the Secondary, making a total of 6,369 temporary shelters to be replaced. Still in this program, 247 secondary schools and 118 high schools will be fenced and 2,264 toilet blocks will be built at Elementary School, 206 at the Middle School and 28 at the Secondary School. All these constructions include the Gender and Disability Approach.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal
Another project entitled Strengthening the Support for the Protection of Children in Education in Senegal (RAP) 2017 - 2021 covers the regions of Matam, Kaolack, Kaffrine, Kedougou, Kolda, Sedhiou, Tambacounda and Ziguinchor.
https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf
https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf
Senegal