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Convention on the Rights of the Child

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Convention on the Rights of the Child UNITED CRC NATIONS Convention on the Distr. Rights of the Child GENERAL CRC/C/11/Add.28 14 October 2004 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Initial report of States parties due in 1999 BOSNIA AND HERZEGOVINA* [14 May 2004] * The annexes and attachments referred to in the document may be consulted in the files of the Secretariat. GE.04-43937 (E) 131204 CRC/C/11/Add.28 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 4 5 I. GENERAL INFORMATION ...................................................... 5 - 16 5 II. GENERAL MEASURES OF APPLICATION (arts. 4, 42 and 44) ........................................................................................... 17 - 32 7 III. DEFINITION OF THE CHILD (art. 1) ....................................... 33 - 47 10 IV. GENERAL PRINCIPLES ............................................................ 48 - 60 12 A. Non-discrimination (art. 2) ..................................................... 48 - 51 12 B. The best interests of the child (art. 6) ..................................... 52 - 53 12 C. Right to life, survival and development (art. 6, para. 1) ......... 54 - 58 13 D. Respect for the views of the child (art. 12) ............................. 59 - 60 13 V. CIVIL RIGHTS AND FREEDOMS ............................................ 61 - 86 14 A. Name and citizenship (art. 7) .................................................. 65 - 68 14 B. Preservation of identity (art. 8) ............................................... 69 - 71 15 C. Freedom of expression (art. 13) .............................................. 72 15 D. Freedom of thought, conscience and religion (art. 14) ........... 73 - 79 15 E. Freedom of association and peaceful assembly (art. 15) ........ 80 - 83 16 F. Protection of privacy (art. 16) ................................................. 84 17 G. Access to appropriate information (art. 17) ............................ 85 - 86 17 VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE ...... 87 - 179 18 A. Parental guidance (art. 5) ........................................................ 99 - 100 19 B. Parental responsibility (art. 18, paras. 1-2) ............................. 101 - 120 19 C. Separation from parents (art. 9) .............................................. 121 - 128 22 D. Family reunion (art. 10) .......................................................... 129 - 130 23 CRC/C/11/Add.28 page 3 CONTENTS (continued) Paragraphs Page E. Illicit transfer and non-return (art. 11) .................................... 131 - 132 24 F. Provision of child maintenance (art. 27, para. 4) .................... 133 - 141 24 G. Children deprived of their family environment (art. 20) ........ 142 - 161 25 H. Adoption (art. 21) ................................................................... 162 - 169 28 I. Abuse and neglect (art. 19) ..................................................... 170 - 173 29 J. Periodic reviews of treatment (art. 25) ................................... 174 - 179 30 VII. BASIC HEALTH AND WELFARE ............................................ 180 - 312 31 A. Survival and development (art. 6, para. 2) ............................. 180 - 203 31 B. Children with psychological and physical developmental disabilities (art. 23) ................................................................. 204 - 211 36 C. Social structure, services and facilities for childcare (arts. 26 and 18) ...................................................................... 212 - 221 37 D. Health and health-care services (art. 24) ................................ 222 - 242 39 E. Standard of living (art. 27) ..................................................... 243 - 244 42 F. Education, leisure and cultural activities (art. 28) .................. 245 - 312 42 1. Aims of education (art. 29) ............................................... 277 - 278 47 2. Leisure, recreation and cultural activities (art. 31) ........... 279 - 312 48 VIII. SPECIAL PROTECTION MEASURES ...................................... 313 - 407 53 A. Refugee children (art. 22) ....................................................... 314 - 331 53 B. Children in armed conflict (art. 38) ........................................ 332 - 336 56 C. Administration of juvenile justice (art. 40) ............................ 337 - 383 57 1. Children in conflict with the law (arts. 37 and 40) ........... 381 - 382 65 2. Physical and psychological recovery and social reintegration (art. 39) ........................................................ 383 65 CRC/C/11/Add.28 page 4 CONTENTS (continued) Paragraphs Page D. Economic exploitation of children, including child labour (art. 32) ................................................................................... 384 - 390 66 1. Drug addiction (art. 33) .................................................... 386 - 389 66 2. Sexual exploitation and abuse (art. 34) ............................ 390 66 E. Minority children (art. 30) ...................................................... 391 - 393 67 F. Statistics in the Republika Srpska .......................................... 394 - 407 67 List of annexes to the report .......................................................................................... 71 CRC/C/11/Add.28 page 5 Introduction 1. Bosnia and Herzegovina (BiH) was recognized as a member of the United Nations on 6 April 1992 as an independent State, continuing its legal personality within the existing, internationally recognized borders. 2. The United Nations Convention on the Rights of the Child has been incorporated into the legal system of Bosnia and Herzegovina, in accordance with the Constitution of Bosnia and Herzegovina (Annex I, Additional Agreement on Human Rights to be applied in BiH). This Convention was ratified by Bosnia and Herzegovina in 1993 and confirmed by the General Framework Agreement for Peace in Bosnia and Herzegovina (the Dayton Agreement), i.e. by Annex 4, Article II, Item 7 (“International Agreements - Bosnia and Herzegovina will remain or become a signatory of international agreements listed in the Annex to this Constitution”). Accordingly, Bosnia and Herzegovina has an obligation to submit a large number of reports, including a report on children’s rights and measures that have been undertaken in realization of these rights. 3. This report has been completed in accordance with the general guidelines on the form and contents of the initial report. Data have been collected on the basis of the first report of the Federation of Bosnia and Herzegovina (FBiH) on the implementation of the Convention on the Rights of the Child for the period 1992-1998, and on the basis of the first report of the Republika Srpska (RS) on the implementation of the Convention on the Rights of the Child, 1992-1998. 4. The report consists of two parts. Part I includes general information about Bosnia and Herzegovina (country, population); Part II covers the requirements of some articles of the Convention. The situation in the Entities and in Bosnia and Herzegovina is presented in detail. Attached to this report are reports by the Entities, where the situation related to the implementation of the Convention on the Rights of the Child in the BiH Entities is presented. I. GENERAL INFORMATION 5. According to a census carried out in 1991, Bosnia and Herzegovina had a population of 4,377,033 within 1,537 kilometres of marked border. Cultivated land covers 2,531,000 ha or 49.5 per cent of the total territory, with various possibilities for agriculture and food production in complex and varied climate conditions (ranging from severe continental to mild Mediterranean). Approximately 46 per cent of its territory is covered with various types of forest. The country is famous for its hydro and thermal energy capacities based on water and coal resources. In 1991, BiH reached a satisfactory level in terms of number of households and number of housing units. At that time, there were 1,207,693 housing units in BiH in 6,823 settlements. The average housing unit was 60.45 square metres per household, or 16.68 square metres per resident. 6. In 1991, Bosnia and Herzegovina reached the level of medium industrial development with a national income of approximately US$ 2,000 per resident. A total of 1.7 million BiH residents (39 per cent of the total population) were living in urban areas. Bosnia and Herzegovina is famous for the variety of nationalities and ethnic minorities living within its territory. According to the 1991 census, Bosniaks were the most numerous (43.4 per cent), CRC/C/11/Add.28 page 6 followed by Serbs (31.2 per cent) and Croats (17.3 per cent). An additional 20 ethnic groups and minorities have been integrated within BiH for centuries. The dominant monotheistic religions have also been coexisting in Bosnia and Herzegovina for centuries (Islam, Orthodox Christianity, Catholicism and Judaism), side by side with other religious communities and sects. According to the BiH Constitution, all its citizens enjoy equal rights and freedoms in exercising their religious and other beliefs. 7. The distribution of the total population of BiH in 1991 by age group was as follows: 11.1 per cent of age 0-6; 13 per cent of age 7-17; 8.4 per cent of age 15-19; 61.5 per cent of age 20-64; 6 per cent of age 65 and over. The fertility rate was 52 per cent and the mortality rate 7.4 per 1,000 for men and
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