CRC/C/ALB/2-4 Convention on the Rights of the Child
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United Nations CRC/C/ALB/2-4 Convention on the Distr.: General 8 December 2011 Rights of the Child Original: English Committee on the Rights of the Child Consideration of the reports submitted by States parties under article 44 of the Convention Combined second, third and fourth periodic reports of States parties due in 2009 Albania*** [19 December 2009] . * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. ** Annexes can be consulted in the files of the Secretariat. GE.11-47759 CRC/C/ALB/2-4 Contents Paragraphs Page I. Introduction ............................................................................................................. 1–12 5 II. General implementation measures (arts. 4; 42 and 44) ........................................... 13–150 7 A. Follow-up measures to implement the recommendations of the Committee .. 13–70 7 B. Implementation and monitoring of national programmes ............................... 71–132 20 C. Allocation of budget and other resources ....................................................... 133–135 29 D. Statistical data ................................................................................................. 136 31 E. Problems encountered with the implementation of obligations under the Convention ...................................................................................................... 137–150 31 III. Definition of the child (art. 1) ................................................................................. 151–163 35 IV. General principles (arts. 2; 3; 6 and 12) .................................................................. 164–240 37 A. Follow-up measures to implement the recommendations of the Committee .. 164–217 37 B. Implementation of national programmes and their monitoring ...................... 218–240 45 V. Civil rights and freedoms (arts. 7; 8; 13–17 and 37 (a)) .......................................... 241–286 49 A. Follow-up measures to implement the recommendations of the Committee .. 241–262 49 B. Information on the legal, administrative, judicial and other measures to implement the rights contained in the Convention ......................................... 263–286 54 VI. Family environment and alternative care (arts. 5; 9–11; 18 (paras. 1 and 2); 19–21; 25 and 27 (para. 4) and 39) ..................................................................................... 287–396 59 A. Follow-up measures to implement the recommendations of the Committee . 287–339 59 B. Implementation of national programmes and their monitoring ..................... 340–343 68 C. Information on the legal, administrative, judicial, and other measures to implement the rights under the Convention .................................................... 344–396 69 VII. Basic health and well-being (arts. 6; 18 (para. 3); 23; 24; 26; and 27, paras. 1–3) 397–518 78 A. Follow-up measures to implement the recommendations of the Committee . 397–472 78 B. Implementation of national programmes and their monitoring ..................... 473–516 92 C. Allocation of budgets and other resources ..................................................... 517–518 102 VIII. Education, leisure and cultural activities (arts. 28; 29 and 31) ............................... 519–578 103 A. Follow-up measures to implement the recommendations of the Committee . 519–555 103 B. Implementation of national programmes and their monitoring ..................... 556–577 111 C. Allocation of budgets and other resources ..................................................... 578 114 IX. Special protection measures (arts. 22; 30; 32–36; 37 (b)–(d); 38; 39 and 40)........ 579–721 115 A. Follow-up measures to implement the recommendations of the Committee . 579–679 115 B. Established mechanisms for the implementation of rights contained in the Convention (arts. 22; 30; 32–36; 37 (b–d); 38; 39 and 40), and their monitoring ....................................................................................... 680–721 136 2 CRC/C/ALB/2-4 List of abbreviations PA People‟s Advocate (Ombudsman) EU European Union CCR Committee for Children‟s Rights CPT Committee for the Prevention of Torture, Council of Europe GDP General Directorate of Prisons RED Regional Education Directorate GDSP General Directorate of State Police DPWPSQ Directorate for Protection of Witnesses and People with Special Qualities IEPV Institutions for the Execution of Penal Verdicts KNDF Inter-ministerial Committee for Children‟s Rights PC Penal Code CPP Code of Penal Procedure LSMS Living Standards Measurement Survey 2002–2005 NMPT National Mechanism for Prevention of Torture MFA Ministry of Foreign Affairs MJ Ministry of Justice MI Ministry of Interior MH Ministry of Health MES Ministry of Education and Science MLSAEO Ministry of Labor, Social Affairs, and Equal Opportunities MTCYS Ministry of Tourism, Culture, Youth, and Sports MICS Multi Indicator Country Survey SAA Stabilization and Association Agreement SCR Subsection for Children‟s Rights NPO Non-Profit Organization NPISAA Nation Plan for the Implementation of the SAA RA Republic of Albania NCS National Children‟s Strategy NSDI National Strategy for Development and Integration TSC Technical Secretariat for Children SIDA Swedish International Development Agency DS Disability Strategy EO Educational Offices 3 CRC/C/ALB/2-4 DCM Decision of the Council of Ministers UNDP United Nations Development Programme UNICEF United Nations Children‟s Fund UNFPA United Nations Population Fund 4 CRC/C/ALB/2-4 I. Introduction 1. The Assembly of the Republic of Albania ratified the Convention on the Rights of the Child by Law No.7531 dated 11 December 1991 “On the Ratification of the Convention on the Rights of the Child”. In accordance with article 44, paragraph 1 of the Convention, on 5 July 2004 Albania submitted to the Committee on the Rights of the Child the initial and first periodic report1 which provided information on the legal, executive and other measures taken towards the implementation of the provisions of the Convention on the Rights of the Child in the period 1992–2000. As part of the consideration (review) process of the initial report, the Committee produced a list of items for which it requested supplemental data and updated information directly related to the implementation of the Convention.2 Albania provided the requested information in December 2004.3 Following the consideration of the Report in January 2005, the Committee adopted the concluding observations on Albania.4 2. Based on article 44 of the Convention and recommendation No. 81 of the concluding observations of the Committee, Albania submits the combined second, third and fourth periodic report, which is drafted in accordance with the general guidelines of the Committee,5 regarding the form and content of periodic reports to be submitted by States parties under article 44, paragraph 1 of the Convention and annex to these general guidelines. 3. This report contains information on the measures taken by Albania to implement the Convention in compliance with the obligations deriving from article 44, paragraph 1(b)(2) 1. The present document contains progress made by the country since the first report, 2001– 2009, the changes effected in the legal and administrative framework to enable the implementation of the provisions of the Convention, and the measures taken to put into practice the concluding observations of the Committee. 4. For the purpose of providing detailed information as regards the implementation of the Convention and the concluding observations of the Committee, this report presents the legal changes (according to the specific fields) which were not contained in Albania‟s first report. 5. Based on the Prime-Minister‟s Order, No. 201, dated 5 December 2007 “Establishing the Working Groups to draft the National Reports necessitated by the implementation of the International Agreements, to which Albania is a party”, the Ministry of Foreign Affairs is charged with the task of drafting periodic national reports in cooperation with the relevant governmental institutions. These reports should reflect the current situation, progress made, and problems in the field of children‟s rights. The second, third, and fourth periodic report on the implementation of the Convention, has been prepared by the Ministry of Foreign Affairs in cooperation with central and independent institutions with responsibilities in the fields covered by the Convention. In Accordance with the prime Minister‟s Order, an Inter-Institutional Working Group was set up, which is comprised of representatives of the central institutions (MLSAEO, MJ, MI, MES, and MH), independent bodies (High Court, General Prosecution Office and People‟s Advocate), and 1 CRC/C/11/Add 27. 2 CRC/C/Q/ALB/1. 3 CRC/RESP/77. 4 CRC/C/15/Add.249. 5 CRC/C/58/Rev.1. 5 CRC/C/ALB/2-4 other entities such as the General Directorate of State Police, the General Directorate of Prisons, the Adoptions Committee, etc. 6. The Council of Minister adopted the Second, third and fourth National periodic reports, regarding to the Convention of the Rights on Child, by the Decision (DCM) No 905, dated 26 August 2009. General considerations 7. Albania continues to be committed to the continuous improvement of standards related to the protection and implementation of human rights and freedoms. A clear expression of this commitment is the ratification