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United Nations CRC/C/CHN/3-4 United Nations CRC/C/CHN/3-4 Convention on the Distr.: General 6 June 2012 Rights of the Child English Original: Chinese and English Committee on the Rights of the Child Consideration of reports submitted by States parties under article 44 of the Convention Third and fourth periodic reports of States parties due in 2009 China*, ** [16 July 2010] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. ** Annexes can be consulted in the files of the secretariat. GE.12-43414 (EXT) CRC/C/CHN/3-4 People’s Republic of China Third and fourth combined report on the implementation of the Convention on the Rights of the Child May 2010 2 GE.12-43414 (EXT) CRC/C/CHN/3-4 Contents Paragraphs Page Foreword ................................................................................................................. 1–4 6 I. General measures of implementation of the Convention (arts. 4 and 42, and art. 44, para. 6) .................................................................................................. 5–24 6 II. Definition of the child (art. 1) ................................................................................. 25–26 10 III. General principles (arts. 2, 3, 6 and 12) .................................................................. 27–62 11 A. Non-discrimination (art. 2) ............................................................................. 27–40 11 B. Best interests of the child (art. 3) .................................................................... 41–45 13 C. The right to life, survival and development (art. 6) ........................................ 46–52 14 D. Respect of the view of the child (art. 12) ........................................................ 53–62 15 IV. Citizens’ rights and freedoms (arts. 7, 8 and 13–17, art. 37, para. 1) ...................... 63–82 17 A Name and nationality (art. 7) .......................................................................... 63–66 17 B. Preservation of identity (art. 8) ....................................................................... 67 18 C. Freedom of expression (art. 13) ...................................................................... 68 18 D. Freedom of thought, conscience and religion (art. 14) ................................... 69–72 18 E. Freedom of peaceful assembly and of association (art. 15) ............................ 73–74 19 F. Protection of privacy (art. 16) ......................................................................... 75–76 20 G. Children’s access to appropriate information (art. 17) .................................... 77–79 20 H. The right to not be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37, para. 1) ...................................... 80–82 21 V. The family environment and substitute care (art. 5, arts. 9–11, art. 18, paras. 1 and 2, arts. 19–21, art. 25, art. 27, para. 4, and art. 39) ........................................... 83–130 21 A. Parental guidance (art. 5) ................................................................................ 83–86 21 B. Parental responsibilities (art. 18, paras. 1 and 2) ............................................ 87–89 22 C. Separation from parents (arts. 9, 21 and 25) ................................................... 90–93 23 D. Family reunification (art. 10) .......................................................................... 94–95 23 E. Recovery of maintenance for the child (art. 27, para. 4) ................................. 96–98 24 F. Children deprived of their family environment (art. 20) ................................. 99–105 24 G. Adoption (art. 21) ........................................................................................... 106–110 25 H. Elicit transfer and non-return of children abroad (art. 11) .............................. 111 26 I. Maltreatment and neglect (art. 19), and physical and psychological recovery and social reintegration (art. 39) ...................................................... 112–128 27 J. Periodic review of treatment (art. 25) ............................................................. 129–130 29 GE.12-43414 (EXT) 3 CRC/C/CHN/3-4 VI. Basic health and benefits (art. 6 and art. 18, para. 3, arts. 23, 24, 26, art. 27, paras. 1–3) ............................................................................................................... 131–17030 A. Right to survival and right to development (art. 6, para. 2) ............................ 131 30 B. Children with disabilities (art. 23) .................................................................. 132–149 30 C. Health and healthcare services (art. 24) .......................................................... 150–159 34 D. Social security and child-care services and facilities (art. 26 and art. 18, para. 3) ................................................................................................ 160–165 36 E. Standard of living (art. 27, paras. 1–3) ........................................................... 166–170 37 VII. Education, leisure and cultural activities (arts. 28, 29 and 31) ................................ 171–184 37 A. Education and vocational training and guidance (art. 28) ............................... 171–176 37 B. The goals of education (art. 29) ...................................................................... 177–180 38 C. Rest, leisure, recreation and cultural activities (art. 31) .................................. 181–184 39 VIII. Special protective measures (arts. 22, 30, 32–36, art. 37 paras. 2–4, arts. 38–40) .. 185–241 40 A. Children in emergency situations (arts. 22, 38 and 39) ................................... 185–188 40 1. Refugees (art. 22) ................................................................................... 185–187 40 2. Children in armed conflict (arts. 38 and 39) ........................................... 188 41 B. Children involved in legal cases ..................................................................... 189–209 41 1. Juvenile justice (art. 40) ......................................................................... 189–198 41 2. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b)–(d)) ......... 199–204 43 3. Trial of children, especially the prohibition of sentencing to capital punishment or life imprisonment (art. 37, para. 1) ................................. 205–206 44 4. Physical and psychological recovery and social reintegration of children (art. 39) ..................................................................................... 207–20 45 C. Children subjected to exploitation, their physical and psychological health, and their social reintegration ............................................................... 210–227 45 1. Economic exploitation of children, including child labour (art. 32)....... 210–219 45 2. Drug abuse (art. 33) ................................................................................ 220–225 47 3. Sexual exploitation, sexual abuse and sexual transactions (art. 34) ....... 226 48 4. Sale, trafficking and abduction (art. 35) ................................................. 227 48 D. Children of minorities or indigenous groups (art. 30) ..................................... 228–234 48 E. Vagrant Children ............................................................................................ 235–24 50 IX. Sexual exploitation and sexual abuse (art. 34, and status of implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography) ................................. 242–277 51 A. Active adoption of measures to prevent the occurrence of child abduction and trafficking ................................................................................................. 243–252 51 B. Rigorous combating and punishment of criminal acts involving the abduction, trafficking and sexual exploitation of children .............................. 253–264 53 4 GE.12-43414 (EXT) CRC/C/CHN/3-4 C. Active launching of pilot schemes, exploration of models, and proper relief and rehabilitation of victims of abduction and trafficking .................... 265–266 55 D. Protecting children from pornographic abuse, and prevention and stopping of pornography ................................................................................. 267–277 56 Annexes I. Law of the People’s Republic of China on the Protection of Minors II. Compulsory Education Law of the People’s Republic of China III. National Plan of Action against Trafficking in Women and Children (2008–12) IV. Stages of implementation of funding assurance for rural compulsory education in China V. Status of progress on main targets of the China Children’s Development Programme VI. Data on China’s child population VII. Basic situation of different welfare institutions in 2008 VIII. Development of legal aid for minors, 2002–2008 IX. Mortality rate by gender (per 100,000) of persons under 20 in China, 2004–2005 X. Rehabilitation and education of children with disabilities XI. Basic situation of relief and protection centres for vagrant children XII. Health and hygiene among China’s children XIII. Numbers of children in preschool education, 2002–2008 XIV. China’s education expenditure XV. Data on school education in China XVI. Children’s
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