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Convention on the Rights of the Child

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Convention on the Rights of the Child United Nations CRC/C/ESP/3-4 Distr. General Convention on the 20 November 2009 English Rights of the Child Original: Spanish 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 2008 Spain* ** [30 May 2008] ____________________________ * 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. ** The annexes may be consulted at the secretariat. GE.09-46483 (EXT) CRC/C/ESP/3-4 Introduction With the present report on measures adopted by the Spanish State, for the period 2002-2006, complies with the undertaking assumed in the instrument of ratification of the Convention (Boletín Oficial del Estado, 31 December 1990), in accordance with the provisions of article 44 of the Convention. This report takes into account both the indications set out in the aforementioned article 44 of the Convention and those that have been provided by the Committee on the Rights of the Child in the official documents it has adopted in that regard. In particular, the instructions contained in documents CRC/C/15/Add. 185 of 13 June 2002; CRC/C/58/Rev. 1 of 29 November 2005; and CRC/C/44/2 of 15 January 2007 have been followed. The guidelines and indications contained in those documents have provided guidance as regards to final form and contents of the report. With regard to form, the report is divided into different sections as indicated in chapter II of document CRC/C/58/Rev. 1, each section addressing the points presented in said document as most relevant. With respect to contents, it was felt appropriate in each section to show clearly and from the outset the course that has been followed in the Spanish State in order to make more effective the rights of children recognized by the Convention. In this regard, in keeping with the idea of “follow-up” referred to by the Committee, the report proceeds in accordance with the indication provided by the Committee that Spain endeavour to address the Committee’s concluding observations in each area, as indicated in document CRC/15/Add. 185. Accordingly, it emerges clearly that these have always been the driving force for a more effective protection of the rights of children through the adoption of specific measures aimed at providing a satisfactory response. It has likewise been deemed important, always bearing in mind the Committee’s recommendation in document CRC/C/44/2 not to repeat information already provided in previous reports, to make some relevant connections with the information contained in the second periodic report of Spain (CRC/C/70/Add.9) in order to achieve two important results: firstly, to highlight some of the achievements already secured with regard to effective protection of the rights of children in Spain during periods prior to the reporting period, thus shedding light on the current situation; and, secondly, to give a clearer picture of the course of developments, addressing significant changes as compared with the previous situation. In keeping with the idea of “monitoring” referred to by the Committee, the report describes the specific measures taken by the Spanish State with regard to the matters under consideration. In this regard, in order to make the report more informative, it was decided first to present the measures adopted by the central Government and then, in keeping with the decentralization that characterizes the management of many issues in the functioning of the Spanish State, to present the most relevant measures that have been adopted in each area by the various Autonomous Communities. It was considered appropriate in this presentation also to address together the resources made available for the implementation of various measures and, as appropriate, any circumstances which may have affected their satisfactory implementation, i.e. the points referred to by the Committee as “allocation of budgetary and other resources” and “factors and difficulties.” Here, two comments are in order with a view to a proper understanding of the contents of the report. Firstly, it should be noted that, in some cases, the information provided regarding the activities pursued by some Autonomous Communities does not give a full account of all activities actually undertaken. This may be due to two different reasons: first, because the 2 GE.09-46483 (EXT) CRC/C/ESP/3-4 Autonomous Communities in any event pursue many of the measures adopted in the legislative, political or judicial domains by the central Government but it is not desirable to duplicate the information given; and second, because the information supplied by the Autonomous Communities has in some cases been generic, although it is understood that the present report should give specific information in keeping with the subjects addressed in order to give the fullest and most coherent picture possible, thus adequately portraying the situation of children in Spain and the different measures adopted to make their rights more effective. Secondly, it should be noted that the present report also gives an account of resources earmarked for the application of measures to give effect to the rights of children, bearing in mind that the information provided should give a complete idea of the extent to which resources are allocated by the central and regional governments, taking an overall view and also, as appropriate, a view of specific measures adopted. However, that clarity and concreteness also implies that data cannot be given for all of the different measures mentioned in the report, since some of the resources are applied in conjunction with other types of measures, or with budgetary criteria that are not shared by other public authorities, or it may simply happen that there is no information about specific resources designated for the implementation of the specific measure under discussion. Finally, with regard to the “statistical data” referred to by the Committee, each section or topic addressed in the present report concludes with relevant statistical data and indicators. Here again, the report follows the guideline laid down by the Committee in the annex to document CRC/C/58/Rev.1, indicating the most important points to be borne in mind in regard to each section of the report. And in order to achieve greater clarity in the information provided, tables and figures are included to concisely convey a picture of different trends and to compare relevant data disaggregated according to the criteria considered most relevant in each case. The preparation of this report represented a significant collective effort by various public and private institutions and social groups, coordinated by the Monitoring Centre for Children of Spain which, as indicated on its website, is a working group of the Ministry of Labour and Social Affairs whose purpose is to build a centralized and shared information system with an understanding of the welfare and quality of life of the child population and public policies affecting children, how such policies are developed and introduced, and the impact they have on the child population. In this regard, the present report is part of a continuum of efforts carried out over time seeking to obtain information about measures being applied in Spain that directly or indirectly affect children’s rights and how they correlate with the real situation of children in Spain. Accordingly, an important input in the preparation of this report, again within the framework of the Monitoring Centre for Children, has been the development of a National Strategic Plan for Children and Adolescents, adopted in 2006, which has taken shape as an instrument well suited to the design, development, follow-up and assessment of measures pursued for the promotion and defence of children’s rights. The Plan is led by the Government, through the Ministry of Labour and Social Affairs and inputs for its preparation have come from all public and private institutions active in the promotion and defence of children’s rights, such as the Autonomous Communities, the Spanish Federation of Municipalities and Provinces (FEMP), and civil society associations. Accordingly, the preparation of this report has relied, directly or indirectly, on the necessary and active participation of the central and regional Governments; public institutions such as universities and their research centres and institutes; different public agencies especially concerned with protection of children and their rights, such as the offices of children’s ombudsmen; civil society, through non-governmental organizations working for children and their rights; and children themselves, primarily through participation by pre-adolescent schoolchildren, through surveys, workshops and discussion groups. The report directly or indirectly reflects the necessary work that has been done, in various ways, by each and all of these participants. GE.09-46483 (EXT) 3 CRC/C/ESP/3-4 Finally, for a complete understanding of the contents of this report, it should be noted that, in its final drafting, an effort has also been made to comply with the Committee’s indication in document CRC/C/44/2 to the effect that periodic reports should be concise, analytical and focused on issues fundamental to the implementation of the Convention on the Rights of the Child. Accordingly, the report strives to unify the information provided, using only information necessary to give an account of the measures adopted by different agencies of the Spanish State in various areas with a view to ensuring proper implementation of the Convention, and thus of the real situation of children in Spain. It is clear that this effort has considerably reduced the extent of this report by comparison with the second periodic report of Spain, although it has not been possible to reduce it further, in order to ensure clarity in the basic information conveyed, considered essential for the purpose sought.
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