Child Rights Situation Analysis Lebanon December 2016 Save the Children International Lebanon Country Office Child Rights Situation Analysis (CRSA) Lebanon December, 2016 Commissioned by: SCI: SCS, SCL. Funded by: Swedish Post Code Lottery (SPCL). © Save the Children Lebanon Published: By Save the Children Lebanon. December, 2016. Study Team International Technical Assistance Services and Consulting Author: Lina Hamaoui Disclaimer: This report was commissioned by Save the Children and produced by an independent consultant. The opinions expressed in the report do not necessarily reflect the official position and views of any of the agencies who contributed to the study. Editor: Triangle consulting Photos: Save the Children Lebanon’s library Design: Limelight Productions | www.limelightprod.com Printing: PPS TABLE OF CONTENTS FOREWORD 8 CHAPTER FOUR: EDUCATION AND CULTURE 42 ACKNOWLEDGMENTS 9 4.1 THE LEGAL FRAMEWORK AND CURRENT GOVERNMENTAL POLICIES REGARDING EDUCATION 42 ACRONYMS 10 4.1.1 The right to education in the constitution and international conventions: 4.1.2 The right to education in legislative texts and government policies CHAPTER ONE: INTRODUCTION 14 4.2 THE EDUCATION SYSTEM IN LEBANON 45 1.1 BACKGROUND 14 4.3 THE QUALITY OF EDUCATION IN LEBANON 46 1.2 OBJECTIVES 14 4.4 THE EDUCATION STRUCTURE IN LEBANON 48 1.3 SCOPE 15 4.4.1 Pre-Primary Education (Formal & Non-Formal) 1.4 CRSA APPROACH AND ADOPTED METHODS 15 4.4.2 Basic Education – Formal and Non-Formal 1.4.1 Desk Review 4.4.3 Secondary Education 1.4.2 key informant interviews 4.4.4 Tertiary Education 1.4.3 Internal validation workshop 4.5 THE IMPACT OF THE SYRIAN CRISIS ON EDUCATION 55 1.4.4 External validation workshops 4.6 CHILD DEVELOPMENT 57 1.4.5 Children validation workshops 4.6.1 Early Childhood Care and Development 4.6.2 Child Culture and Leisure CHAPTER TWO: COUNTRY FACTS 18 4.7 ANALYSIS AND CONCLUSIONS - EDUCATION AND DEVELOPMENT 58 2.1. INTRODUCTION 18 4.7.1 Basic Education 2.2 DEMOGRAPHY 18 4.7.2 Child Development 2.3 ECONOMY 19 4.7.2.1 Early Childhood Care and Development 2.4 DEVELOPMENT 20 4.7.2.2 Child Culture and Leisure 2.5 POLITICAL AND SECURITY SITUATION 21 2.6 INTERNATIONAL LEGAL OBLIGATIONS 22 CHAPTER FIVE: WELFARE AND HEALTH 62 2.7 HUMAN RIGHTS 23 5.1 WELFARE AND STANDARD OF LIVING (ARTICLES 26-27) 62 2.8 THE CONVENTION ON THE RIGHTS OF THE CHILD AND THE OPTIONAL PROTOCOLS 24 5.1.1 Local Framework 2.9 THE CONVENTION FOR THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN 5.1.2 Poverty, Food Security and Livelihoods (Impact of the Syrian Crisis) (CEDAW) 25 5.1.3 Food Security and Livelihoods for Syrian refugees 2.10 THE LOCAL LEGAL SYSTEM 25 5.1.4 Children with Disabilities (Articles 6-18) 5.1.4.1 Legal Framework CHAPTER THREE: GENERAL MEASURES OF IMPLEMENTATION - GENERAL PRINCIPLES - 5.1.4.2 Services DEFINITION OF THE CHILD 27 5.1.5 Welfare as Validated by Children 3.1 GENERAL MEASURES OF IMPLEMENTATION (ARTICLES 4, 42, 44.6) 27 5.2 HEALTH 67 3.1.1 Law Reform and Enforcement 5.2.1 Health Indicators and Progress on MDGs Achievement 3.1.2 National Plan of Action for the Advancement of Children in Lebanon 5.2.2 Health Services and Financing 3.1.3 National Coordination Role in Relation to the Various Governmental Bodies and Non-governmental 5.2.3 Reforms organisations Involved in the Implementation of the Rights of the Child at National and Local Levels 5.2.4 Impact of the Syrian Crisis on the Health Care System 3.1.4 Independent Monitoring (Children’s Ombudsman) 5.2.5 Syrian Refugees Access to Health Services 3.1.5 Allocation of National Resources to Children 5.3 ANALYSIS 77 3.1.6 Data Collection 5.3.1 Welfare 3.1.7 Cooperation with National Civil Society 5.3.2 Children with Disabilities 3.1.8 Dissemination of the UNCRC, training Activities among national staff and raising awareness among children 5.3.3. Health and adults on the UNCRC 3.2 GENERAL PRINCIPLES (ARTICLES 2, 3, 6, 12) 35 CHAPTER SIX: CIVIL RIGHTS AND FREEDOMS (articles 7, 8, 13-17, 37) 80 3.2.1 Non-discrimination 6.1 BIRTH REGISTRATION, NAME AND NATIONALITY (article 7) 80 3.2.2 Best Interest of the Child 6.2 PRESERVATION OF IDENTITY (article 8) 82 3.2.3 Right to Life, Survival, and Development 6.3 FREEDOM OF THOUGHT, CONSCIENCE, AND RELIGION (Article 14) 82 3.2.4 Participation - Respect of the Views of the Child 6.4 THE RIGHT OF ASSOCIATION AND PEACEFUL ASSEMBLY (article 15) 83 3.2.5 Analysis 6.5 RIGHT TO PRIVACY (article 16) 83 3.2.6 Conclusions 6.6 EXPRESSION OF VIEWS AND RIGHT TO ASK AND RECEIVE AND TRANSFER INFORMATION. THE RIGHT TO 3.3 DEFINITION OF THE CHILD (Article1) 40 RECEIVE INFORMATION FROM A VARIETY OF SOURCES AND PROTECTION FROM HARMFUL MATERIALS 3.3.1 Analysis TO THEIR WELL-BEING 83 3.3.2 Conclusions CHAPTER SEVEN: CHILD PROTECTION 85 7.1 CHILD PROTECTION FRAMEWORK 85 7.2 LEGAL MANDATE, ROLES, AND RESPONSIBILITIES 87 7.3 CHILD PROTECTION - FAMILY ENVIRONMENT AND ALTERNATIVE CARE (ARTICLE 20-25) 89 7.3.1 Family Environment Separation and Alternative Care 7.3.2 Institutionalisation of Children 7.3.3 Alternative Care in Emergencies 7.3.4 Analysis 7.3.5 Conclusions 7.4 VIOLENCE AGAINST CHILDREN 94 7.4.1 Physical and Humiliating Punishment 7.4.1.1 Analysis 7.4.1.2 Child Sexual Abuse and Violence 7.4.2 Conclusions 7.5 CHILDREN IN CONFLICT WITH THE LAW 99 7.5.1 Administration 7.5.2 Analysis 7.5.3 Conclusions 7.6 CHILD LABOUR 104 7.6.1 Analysis 7.7 CHILD PROSTITUTION AND TRAFFICKED CHILDREN 111 7.7.1 Analysis 7.8 CHILDREN AND ARMED CONFLICT 113 7.8.1 Analysis 7.9 CHILD PROTECTION IN EMERGENCIES 116 7.10 ANALYSIS OF THE CHILD PROTECTION SYSTEM 116 CHAPTER EIGHT: ANALYSIS OF CROSS-CUTTING FACTORS AND ACTORS 118 8.1 KEY FACTORS IMPORTANT TO THE REALISATION OF RIGHTS 118 8.1.1 Structures 8.1.2 Decentralisation 8.1.3 Disaster Risk Management 8.1.4 The Syrian Crisis and Lebanon Crisis Response Plan (2015-2016) 8.1.5 Political Stalemate, Legislation and Budgeting 8.1.6 Corruption 8.2 CAPACITIES AND INTERACTIONS OF KEY ACTORS IN RIGHTS 128 CHAPTER NINE: RECOMMENDATIONS 134 9.1 GENERAL RECOMMENDATIONS AND SAVE THE CHILDREN’S RECOMMENDATIONS REFERENCES 134 ANNEXES 152 ANNEX 1: CHILD RIGHTS SITUATION ANALYSIS IN LEBANON TERMS OF REFERENCE ANNEX 2: THE CONSULTING COMPANY AND CV OF THE CRSA CONSULTANT. THE CONSULTANT CV ANNEX 3: PLANNED DATA COLLECTION METHODS AND KEY INFORMANTS ANNEX 4: LIST OF INTERVIEWED KEY INFORMANTS ANNEX 5: PARTICIPANT LIST ANNEX 6 - METHODOLOGY CHILDREN VALIDATION WORKSHOPS ANNEX 7: INTERVIEW GUIDES Annex P: Key Factors in Protection-Family environment (Articles 5, 9, 10, 11, 18, 19, 20, 21, 25, 27) Annex E-Interview Guide Education Interview Guide – Education -UNRWA FOREWORD ACKNOWLEDGMENTS A Child Rights Situation Analysis is an in-depth description of the extent to which children’s rights are being enjoyed This CRSA would have not been possible without the support of the Save the Children Lebanon assigned and an analysis of the obstacles to, and enablers of, the realisation of those rights. A general CRSA takes a holistic, steering committee and working group. broad overview of the realisation of all rights in a country sufficient to inform longer-term decisions regarding future thematic priorities in the country. Special thanks and appreciation to Save the Children Sweden who provided technical and funding support. Child Rights Situation Analyses have been used to inform Save the Children’s strategic planning since shortly after the United Nations Convention on the Rights of the Child (UNCRC) came into force in 1990. Lebanon ratified the It would be impossible to mention everyone by name but we extend our gratitude to all involved through UNCRC in 1996 and subsequently took significant measures for the realisation of children’s rights. interviews and validation workshops for their invaluable participation and insight. In order to fully understand the situation of children it is imperative to take stock of two determinants: namely the status of children’s rights prior to the Syrian crisis, and the impact of the Syrian crisis that led to a regression in children’s rights and a strain on resources. It is important to shed light on contextual factors impeding the realisation of children’s rights. In examining the period prior to the Syrian refugee crisis, it becomes evident that Lebanon suffered from its own chronic issues which manifested themselves in the country’s institutions and in the status of children’s rights. Political instability, security concerns, and economic crises consistently shift focus away from prioritising children’s rights. This dynamic is exacerbated by government instability leading to policy regression. Political deadlock led to paralysis in legislation and delays in project implementation. Similar to the last national budget of 2005, debt and other constraints present major obstacles for the enactment of children’s rights strategies and the allocation of resources necessary to implement action plans. The Syrian crisis significantly affected Lebanon’s demographic profile, making it the highest per capita hosting country in the world, such that one fifth of its population are Syrians (27 Syrians per 100 Lebanese). The Syrian crisis had a cross-cutting impact on many sectors, stretching already limited resources in the economic, social, and public health spaces.