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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/61/Add.3 3 July 2001 ENGLISH Original: FRENCH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Initial reports of States parties
ANDORRA
GE.01-43033
(E) 131101 221101
CONTENTS
Paragraphs Page
I. GENERAL INFORMATION
1 - 77 6
A. Land and people 1 - 26 6
B. Political structure
27 - 50 9
C. Legal framework for the protection of human rights
in the Principality of Andorra 51 - 77 12
II. GENERAL MEASURES
FOR THE PROTECTION OF
CHILDREN 78 - 113 16
A. Promotion of
participation in and oversight of
government policy by civil society 85
- 90 17
B. National and local machinery for the coordination
of
children’s policy and implementation
of the Convention 91 -
97 18
C. Early childhood services 98 - 99 19
D. Measures to
increase awareness of the Convention
among adults and children 100 -
101 19
E. International cooperation and solidarity with
regard to
children 102 - 113 19
III. DEFINITION OF THE CHILD 114 -
128 21
A. Age of majority 114 - 115 21
B. Education
116 22
C. Employment of minors 117 - 119 22
D. Consent to
certain acts 120 - 124 22
E. Criminal responsibility, deprivation of
liberty
and imprisonment 125 - 127 23
F. Consumption of alcohol
128 23
CONTENTS (continued)
Paragraphs Page
IV. RESPECT FOR THE
PRINCIPLES ENUNCIATED IN THE
CONVENTION 129 - 141 23
A. Measures
relating to the principle of non-discrimination
(art. 2) 130 -
134 23
B. Measures relating to the best interests of the
child
(art. 3) 135 - 136 24
C. Measures relating to the right to
life, survival and
development (art. 6) 137 - 138 24
D. Measures
relating to respect for the views of the child
(art. 12) 139 -
141 24
V. CIVIL RIGHTS AND FREEDOMS 142 - 162 25
A. Name and
nationality 142 - 147 25
B. Preservation of identity 148 -
149 26
C. Freedom of expression 150 - 151 26
D. Access to
information 152 - 153 26
E. Freedom of thought, conscience and
religion 154 - 156 26
F. Freedom of association and of peaceful
assembly 157 27
G. Protection of privacy and prohibition of
torture
and degrading treatment 158 - 162 27
VI. FAMILY
ENVIRONMENT AND ALTERNATIVE CARE 163 - 232 27
A. Family environment
163 - 182 27
B. System for the protection of children and
young
people 183 - 191 31
C. Technical Commission for Children and
Young
People 192 - 232 32
CONTENTS (continued)
Paragraphs Page
VII. HEALTH AND WELFARE
OF THE CHILD 233 - 314 38
A. Andorran health system 233 -
249 38
B. Andorran Health Care Service (SAAS) 250 -
284 41
C. Programmes at the Nostra Senyora de Meritxell
special
school for disabled children 285 - 314 45
VIII. EDUCATION, LEISURE AND
CULTURAL ACTIVITIES 315 - 350 48
A. Andorran education system 315 -
328 48
B. Overall aims of education 329 - 340 50
C. Education
support and school services 341 - 350 53
IX. EDUCATIONAL GUIDANCE
351 - 361 54
A. Educational guidance in the Andorran
education
system 351 - 352 54
B. Educational guidance in the
French education system 353 - 357 55
C. Educational guidance in the
Spanish education system 358 - 361 55
X. VOCATIONAL TRAINING 362 -
368 56
XI. LEISURE AND CULTURAL ACTIVITIES 369 -
381 56
A. Cultural Activities Service of the Ministry of
Education,
Youth and Sport 369 - 370 56
B. Cultural activities by the
comuns 371 - 376 57
C. Cultural and educational activities
organized by
the private sector 377 - 381 57
XII. EDUCATION IN
CONSUMERISM 382 58
CONTENTS (continued)
Paragraphs Page
XIII. SPECIAL PROTECTION
MEASURES 383 - 410 58
A. Administration of juvenile justice 383 -
388 58
B. Death penalty 389 - 390 59
C. Exploitation and
sexual abuse 391 - 396 59
D. Sale, trafficking and abduction of
children 397 - 398 60
E. Children and justice: offences committed in
Andorra 399 - 405 60
F. Children belonging to ethnic minorities 406
- 410 61
I. GENERAL INFORMATION
A. Land and people
1. Geographical situation
1. A
small State with an area of 468 square kilometres between France and Spain, the
Principality of Andorra is situated between the
borders of these two
neighbouring countries and forms part of the greater Pyrenean transborder zone.
The geopolitics of Andorra
make it a linchpin of the region, and this shapes the
essential character of the country.
2. Both traditional ways of life,
based on livestock and transhumance, as well as contemporary ways of life based
on the service sector,
involve transborder relationships and
cooperation.
3. Over time, livestock raising, originally based on an
extensive system of agriculture, has gradually given way to the service sector,
characteristic of developed economies, with retailing and tourism
predominating.
4. This social and economic transformation has required
change by institutions in response to contemporary needs.
5. The
Constitution of the Principality of Andorra, approved by referendum
on 14 March 1993, represents the culmination of this process of
institutional
change.
2. Ethnic and demographic characteristics
6. In 1997 Andorra had a population of 65,306
inhabitants, following a 12-fold increase in population over the second half of
the
twentieth century. This significant increase is the result of immigration
and not internal growth. The country has, in effect,
served as a labour market,
to such an extent that its own nationals have become a distinct
minority.
7. The economy has undergone fundamental change, and the
population, mirroring economic trends, has reflected these changes. Demographic
trends, characterized by emigration in the early decades of the twentieth
century, have been reversed, and new cultures, unlike the
native culture, have
appeared on Andorran territory.
8. The first and only full census of the
population was conducted in 1989. Study of the population, however, involves
looking beyond
the official sources available, as data have been collected for
the purposes of administration in a way that has not always been
based on
relevant scientific criteria. The comuns (local authorities) are
responsible for maintaining the population register and for transmitting
information to the Ministry of the
Presidency and the Interior. The criterion
used is de jure residence, in other words registration in the
comú.
9. The servei d’ordre (former name of the police force) carried
out the first of a series of surveys in 1947. To estimate the population before
that date,
reference must be made to earlier records providing demographic data
from the nineteenth century and the early decades of the twentieth
century, data
which are sometimes contradictory.
10. Since 1977 the authorities have
issued the Population Statistics Bulletin, which, each year, gives basic
information on the population
of the country, namely, distribution by parish and
by age bracket (by sex and by nationality), number of births and deaths (by sex
and by age) and number of marriages. The data do not include labour
statistics.
11. The Bulletin, now published by the Ministry of the
Interior, is based on data obtained from the comuns. Until recently,
information on births, marriages and deaths was provided by priests. Parish
priests, who had always had responsibility
for the church register, in the
absence of a civil register gradually assumed this function as attitudes
changed. In February 1997,
a civil register as such was first established for
the registering of births in the country and of births of Andorran citizens
abroad,
as well as of deaths and civil marriages.
12. Statistics on the
working population and labour relations come from the Andorran Social Security
Fund (CASS), the sole source
for such information, with the inevitable
limitations and errors since the primary function of CASS is not to issue
population statistics.
13. The most recent statistics issued by the
Ministry of the Interior, dating from 1997, indicate a birth rate of 11.18 per
cent and
a total population of 65,306 inhabitants. The mortality rate was
3.09 per cent. Ministry of Health and Welfare data indicate that
over the
period 19921996 there were 901 deaths of residents of the Principality,
representing a crude mortality rate of 2.8 per cent.
Natural growth (8.16 per
cent in 1997) is high because of the decline in the mortality
rate.
14. The Ministry of Health and Welfare provides the infant
mortality rate (number of deaths of children under one year of age per
thousand
live births) on the basis of death certificates: the 1997 percentage was
zero. That is a very low value, but the small
statistical base means that
account must be taken of rates in other years.
15. The ratio of boys to
girls is 117 to 100, higher than in Catalonia. In absolute
terms, 393 boys were born in 1997 against 337
girls.
16. The
fertility rate (number of births per thousand women aged 15 to 49) is 40 per
cent. The boys/girls ratio is an alternative
indication of the fertility rate.
Calculated by dividing the total number of boys and girls aged 0 to 4 years by
the number of women
aged 15 to 49, the result is 18.2. The marriage rate is
only 2.2 per cent, but it should be noted that only Andorrans are required
to
record marriages in the civil register.
17. The high immigration rate has
been one of the salient characteristics of the population of Andorra, and
represents a key factor
in demographic growth and economic development.
Although births have outnumbered deaths over the past 12 years, the two trends
are
stable.
Migration, in contrast, has experienced significant variation, although the
net flow has generally been positive, with year-on-year
fluctuations as a result
of cyclical, economic and political factors.
18. The outlook for
demographic growth in Andorra depends as much on the behaviour of the population
in response to an economy centred
around tourism and the service sector as on
government immigration policy. The current legal framework governing
immigration - the
immigration decree of 26 June 1980, amended by the law of 25
April 1984 - is about to be replaced by a new law. The draft bill abandons
the
quota system, proposed by the Government and approved by Parliament, in favour
of a free labour market.
19. The arrival in the country of foreign
workers has modified the population structure, making the pyramid into a bulb
shape, with
a central bulge on a very narrow base and a tapered top. The
population is heavily concentrated in the 25-40 age bracket; the average
age of
the national population is 36.
20. The pyramid displays three
well-differentiated groups: children under 15 years of age (10,002 - i.e.
15.3 per cent of the population);
persons from 15 to 64 years of age (47,789 -
i.e. 73.2 per cent of the population); and those over 65 years of age
(7,515 - i.e.
11.5 per cent of the population).
21. The ageing rate, that
is the number of persons aged 65 or older for each 100 persons under 15, is
75.1. The Catalan figure is
106. There is a trend towards ageing in comparison
with other countries, although less so than in Catalonia.
22. In 1997
there were 34,281 men and 31,025 women, with 110.5 men per 100 women, that is
52.5 per cent male and 47.5 per cent female.
The European trend is towards
equality of the sexes, and Andorra seems to be following that trend.
Previously, there was a higher
ratio of males (114:100 in 1993). The
predominance of men in the population is one of the salient characteristics of
the country,
with a clearly differentiated immigration structure in which male
labour predominates especially in sectors such as
construction.
23. Nationality is one component of demographic structure.
From this standpoint Andorra is a mosaic, offering a model unique in the
European context. Of the population, 32.3 per cent is Andorran, born in
Andorra, and 67.7 per cent consists of foreigners. Spaniards
occupy first
place, with 43.7 per cent; Andorrans are in second place, with 32.3 per cent;
Portuguese are in third place, with 10.7
per cent; and the French, with 6.77 per
cent, have been relegated to fourth place by the Portuguese. Other
nationalities represent
6.5 per cent of the population of the Principality.
24. Laws governing nationality, adopted in 1993 and in 1995, have had an
impact on population dynamics. The llei qualificada de la nacionalitat
(law on nationality appearing in the Official Bulletin of the Principality of
Andorra on 28 September 1993) again confers nationality
on children born to
foreigners in Andorra, who, since 1975, had ceased to be regarded as Andorran
nationals.
3. Standard of living
25. In 1998 the Survey Office of the Ministry of
Finance published the results of a survey of households for the period 15 June
1996-15
June 1997 containing data relating to housing, household fixtures,
fittings and major appliances, and members of each household.
26. In 1997
per capita GDP was estimated at 3,208,776 pesetas, i.e. US$ 21,916.
B. Political structure
27. The institutions of the Principality of
Andorra were structured and developed on the basis of the Pareatges
(joint suzerainty agreements) of 1278 and 1288 and the creation, in 1419, of the
Consell de la Terra (Land Council). The principles stemming from this
have allowed the erection of a stable political framework, within which the
concept
of the separation of powers has been progressively developed,
firstly through the decree on institutional reform of 15 January 1981
(establishment of the Executive Council or Government of Andorra), and then by
the Constitution, adopted by the Andorran people in a referendum on 4 May 1993.
28. Other aspects of the political system, such as national sovereignty,
fundamental individual rights and public freedoms, the functioning
of
institutions and the territorial division of the country, are the subject of
special regulation in the Constitution so as to reconcile the demands of a
contemporary State governed by the rule of law with respect for and promotion of
the national
identity and tradition.
29. Andorra’s political regime
is that of a parliamentary co-principality. The co-princes are, jointly and
indivisibly, the
Head of State, of which they constitute the highest embodiment.
They are both the symbol and guarantors of the permanence of Andorra
and of its
independence as well as of the maintenance of the traditional spirit of parity
and equilibrium in relations with the neighbouring
States.
30. The
co-princes are the arbiters and moderators of the functioning of the public
authorities and institutions and are kept regularly
informed of State affairs.
The other functions of the coprinces are the convening of general elections and
calling of referendums,
the appointment of the Cap de Govern
(Head of Government) and heads of other State institutions, and the approval and
promulgation of laws.
1. The Consell General (Andorran Parliament)
31. The Consell General represents the
Andorran people. It exercises legislative authority, approves the State budget,
and initiates and oversees government
political initiatives. The consellers
generals (deputies) are elected by free, equal, direct and secret universal
suffrage for a term of four years. Their mandate ends on completion
of the term
or on dissolution of the Consell General.
32. The Consell General comprises a minimum of 28 and a maximum of 42
consellers generals, half being elected by each of the seven parishes on
an equal basis and half on a national basis. The elected councillors appoint
the Síndic General (President) and the
Subsíndic General (VicePresident), who constitute the
Sindicatura or executive organ of the Consell
General.
33. When a law is adopted by the Consell General, the
Síndic General transmits it to the coprinces for approval,
promulgation and publication in the Official Bulletin within one to two weeks.
2. Government
34. The Government comprises the Cap de
Govern (Prime Minister) and ministers, the number of whom is established by
law. Under the authority of the Cap de Govern, the Government directs
the national and international policy of Andorra. It also directs the
administration of the State and exercises
regulatory authority.
35. The
public administration serves the general interest and acts objectively in full
accordance with the Constitution, laws and general principles of order as
defined under title I of the Constitution. Its decisions are subject to
judicial review. The Cap de Govern is elected by the Consell
General, then appointed by the co-princes, in accordance with the provisions
of the Constitution.
3. The comuns
36. The Principality of Andorra has seven
territorial divisions called “parishes”, administered by the
comuns (town halls): Canillo, Encamp, Ordino, La Massana, Andorra la
Vella, Saint Julià de Lòria and Escaldes-Engordany.
37. The
comuns, as bodies that represent and administer the parishes, are public
authorities with legal status and with local regulatory powers,
subject to the
law, by means of ordinances, regulations and decrees. Within their authority,
which they exercise subject to the
Constitution, legislation and tradition, the
comuns function in accordance with the principle of selfgovernment,
recognized and guaranteed by the Constitution.
38. The comú
represents the interests of the parish, approves and implements the parish
budget, determines and implements within its territory
administrative policy
subject to its authority, and administers and regulates all property, both
public and private, in the parish.
39. Electors in the parishes elect
from 10 to 16 consellers de comú (councillors) for terms
of four years, who, after being sworn in, elect the cònsol
major (mayor) and the cònsol menor (deputy mayor). Half of
the councillors in the comuns are from the list receiving the most votes
in the elections, and the other half from all the lists, including that which
attracted
the most votes, on the basis of proportional
representation.
40. Conflicts of competence between State bodies and the
comuns are adjudicated by the Tribunal Constitucional
(Constitutional Tribunal).
41. Decisions by the comuns are
directly enforceable under the conditions established by law. They are subject
to administrative and judicial appeal to ensure
their conformity with the legal
order.
42. The comuns have the authority to initiate legislation.
Three comuns can jointly submit a bill to the Consell General.
They have the right to appeal on the ground of unconstitutionality under the
conditions established by the Constitution and by the llei qualificada of
the Tribunal Constitucional (a llei qualificada is a law requiring
a bigger majority for approval).
4. Justice
43. Justice is rendered, in the name of the
Andorran people, by batlles (lower-court judges) and independent judges
holding office for life, subject only to the Constitution and the
law.[1]
44. The
Consell Superior de la Justícia (Supreme Council of Justice) is
the institutional body representing judicial authority: it has five members
appointed for a term
of six years who may not be appointed to more than two
consecutive terms. They are appointed as follows: one by each of the
co-princes,
one by the Síndic General, one by the Cap de
Govern and one by the judges and the batlles. The Consell
Superior de la Justícia appoints the batlles and judges,
exercises disciplinary authority over them and ensures the independence and
proper functioning of the judicial system,
but does not itself exercise judicial
functions.[2] The Council also
appoints government ministers on a government
proposal.[3]
45. The
courts are structured in three branches: civil, criminal and administrative.
Each has two levels: first instance and appeals
46. The Batllia
is the judicial authority of first instance in civil and administrative cases.
In criminal cases, it is the organ responsible for
the judicial investigation
and judges in first instance minor offences and petty criminal offences,
respecting the principle of separation
of investigation and proceedings. The
Batllia comprises at least eight batlles and its president, who
sits either as a single person tribunal or as member of a panel (Tribunal de
Batlles), depending on the
circumstances.[4]
47. The Tribunal de Corts is the judicial organ of first instance
for serious offences, as well as the appeals court for criminal judgements
handed down by
the Batllia in first instance. It consists of a
president, a vice-president and a judge, and decisions are collegial, taken by
majority
voting.[5]
48. The
Tribunal Superior de Justícia (Supreme Court of Justice) is the
highest authority in the Andorran judicial system. It is competent to act as a
court of second
and third instance in civil and administrative cases and, in
criminal matters, to hear cases involving serious offences referred
by the
Tribunal de Batlles. It comprises a president and eight judges, divided
between three
chambers.[6]
49. Although closely linked to the courts, the Public Prosecutor’s
Office is not part of the system of administration of justice.
Its role is to
represent the State before the court, act on behalf of the State in criminal
cases, and ensure respect for fundamental
rights and public
freedoms.[7] Specifically, it
acts in proceedings relating to constitutional protection (remedy of
empara).
50. The Tribunal Constitucional is responsible for
maintaining and interpreting the Constitution. It has four judges: one
appointed by each of the co-princes and two by the Consell General. It
hears appeals on the unconstitutionality of laws, and requests for preliminary
opinions on the constitutionality of laws and
international treaties, and
conducts proceedings relating to constitutional protection (remedy of
empara). Only the highest organs of the State may appear before the
Tribunal Constitucional, other than in cases of constitutional protection
in connection with the violation of fundamental
rights.[8]
C. Legal framework for the protection of human rights
in the Principality of Andorra
1. Judicial and administrative authorities with
competence in the field of human rights
51. The
Constitution of the Principality of Andorra provides that “the rights and
freedoms recognized in chapters III and IV are immediately binding
on the public
authorities and are directly enforceable. Their scope cannot be limited by law
and is protected by the
courts”.[9]
52. Chapters
III and IV of title II of the Constitution establish the fundamental rights of
the individual and enunciate public freedoms, namely: right to
life,[1] right to physical
and moral integrity,[1]
prohibition of the death
penalty,[1] right to liberty
and security,[1] right to
trial before a court,[14]
right to counsel and the assistance of a lawyer, right to trial within a
reasonable time, right to the presumption of innocence,
to be informed of the
charges, not to declare oneself guilty, not to testify against oneself and to
appeal in criminal cases,[1]
freedom of thought, religion and
worship,[1] freedom of
expression, communication and
information,[1] right to
privacy, honour and
reputation,[1] guarantee of
the inviolability of the home and of privacy of
communication,[1] right to
meet and assemble for any lawful
purpose,[2] right of
association,[2] right to form
and maintain professional, employers’ and trade union
associations,[22] right of
workers and employers to defend their economic and social
interests,[2] right to
education[2] and the
establishment of educational
institutions,[2] right to
choose the type of education for one’s
children,[2] right to move
freely throughout the national territory and to enter and leave the
country,[27] right to
petition the public
authorities,[2] right of
suffrage,[2] right of equal
access to public service and
office,[3] and right freely
to create political
parties.[3]
53. Article
3 (1) of the Constitution provides that it “is binding on all public
authorities and individuals”. All the fundamental rights enunciated under
title II are thus directly enforceable and are binding on the public
authorities, whether they exercise legislative, executive or
judicial functions
or are subject to such functions (bearing in mind the direct enforceability of
these rights). Respect for and
protection of the fundamental rights of the
individual can thus be demanded of the public authorities.
54. Judicial
protection of fundamental rights is entrusted to the ordinary courts through
special proceedings[3] for
the protection of the rights and freedoms recognized under chapters III and IV
of title II of the Constitution.
55. Similarly, article 41 (2) of the
Constitution provides for the protection of fundamental rights through special
proceedings before the Tribunal Constitucional (remedy of empara),
with the exception of the case provided for in article 22. The Public
Prosecutor’s Office may, on appeal, request the protection
of the
Tribunal Constitucional against acts by public authorities that impair
fundamental rights.[3] As
for an appeal requesting the protection of the Tribunal Constitucional,
the llei qualificada governing the Tribunal provides, in article
92 (2), that this “supposes setting aside the decision appealed
against and all
its effects, acknowledgement of having infringed a
constitutional right and restitution in full to the appellant of his or her
rights
through the adoption of the necessary measures for that purpose. If the
injury to the right is materially irreparable, the Tribunal
shall determine the
nature of the responsibility incurred by the party responsible for the violation
of the right, so as to appeal
in the ordinary courts”.
56. In
addition, the Principality of Andorra, which is a member of the Council of
Europe, has ratified the Convention for the Protection
of Human Rights and
Fundamental Freedoms (European Convention on Human Rights) together with
Protocols Nos. 6 and 11 to the Convention.
By so doing the State of Andorra has
adopted all the human rights guarantees established under these international
instruments.
57. Only amendment or reform of the Constitution permits
derogation from a fundamental right recognized by
it.[3]
58. Quite
exceptionally and in strictly regulated circumstances, limitation of the
exercise of certain fundamental rights can be authorized
only under the
conditions stipulated in article 42 of the Constitution:
“1. A llei qualificada shall regulate states of alert and states of emergency. The former may be declared by the Govern in case of natural disasters, for a period of 15 days, with notification of the Consell General. The latter may also be declared by the Govern, for a period of 30 days, in the event of the interruption of the normal functioning of democratic life, with the prior authorization of the Consell General. Any extension of these provisions necessarily requires the approval of the Consell General.
“2. Under a state of alert, exercise of the rights recognized in articles 21 and 27 may be limited. Under a state of emergency, the rights covered by articles 9 (2), 12, 15, 16, 19 and 21 may be suspended. The application of such suspension to the rights contained in articles 9 (2) and 15 is subject to judicial review, notwithstanding the procedure for protection established in article 9 (3)”.
59. Article 3 (4) of the Constitution stipulates that treaties and
international agreements take effect in the legal system once they have been
published in the Butlletí Oficial del Principat d’Andorra,
and cannot be amended or repealed by law.
60. Article 64 (1) (d) of the
Constitution states that treaties affecting the fundamental rights of the
individual regulated under title II must be approved by an absolute
majority of the Consell General.
61. In accordance with
article 3 of the Constitution, once international treaties and agreements are
duly ratified and published in the Butlletí Oficial del Principat
d’Andorra, they have binding effect in the Andorran legal system.
Similarly, their content cannot be amended by law and thus becomes, on
incorporation
into the Andorran legal system, law enforceable by the system of
administration of justice.
62. In addition to the general and specific
legal appeals for the protection of fundamental rights for which there is
provision, the
Andorran parliament has recently adopted a law on the creation
and functioning of the post of Raonador del
Ciutadà,[3] based
on the Swedish and French ombudsmen, as an extrajudicial guarantee, conceived of
as a counselling and mediation service. Its
preamble provides as
follows:
“Although the Constitution of the Principality makes no specific provision for an institutional figure devoted to the defence of the fundamental rights and freedoms of the citizen, that does not prevent such a position being established, by law, in our system, which action the Government took on 4 June 1998, as referred to in paragraph A (3) (6)”.
63. Ordinary courts, and the Batllia, Tribunal de Corts and
Tribunal Constitucional, are competent in the matter of the fundamental
rights enunciated in chapters III to V of the Constitution.
2. Appeals in defence of human rights and system of
compensation
and rehabilitation of victims
64. Appeals against
human rights violations are governed by the first section of chapter II of the
transitional law on judicial procedure
defining the unlawful detention procedure
referred to in article 9 (3) of the Constitution and the second section
relating to the procedure in the event of violation of the rights and freedoms
recognized in chapters III
and IV of the Constitution.
65. Article
41 (2) of the Constitution also provides for appeal for protection before
the Tribunal Constitucional in the event of violation of the rights
specified in chapters II and IV of the Constitution.
3. Incorporation of human rights instruments in the national legal system
66. A 1989 law provides that the fundamental
rights of the individual defined in the Universal Declaration of Human Rights
form part
of the legal order of the Principality. These rights have been
incorporated in the domestic system of Andorra since that date, but
it was not
until 1993, with the approval of the Constitution, that up-to-date machinery to
protect such rights was established.
67. The 1993 Constitution both establishes that the Universal Declaration of
Human Rights is in force in
Andorra[3] and gives an
expanded and more detailed list of rights and freedoms than that contained in
the Declaration. These two lists of rights
form part of the domestic law of the
Principality and can be immediately invoked and enforced.
68. The
Constitution stipulates that international treaties affecting the fundamental
rights of the individual enunciated under title II must be approved
by an
absolute majority of the
Consell General.[3]
69. In
November1995 Andorra ratified the Convention for the Protection of Human Rights
and Fundamental Freedoms (European Convention
on Human Rights) as well as
Protocol No. 6 to the Convention, which established the European Court of
Human Rights, and Protocol
No. 11, relating to abolition of the death
penalty.
70. Human rights treaties and international agreements to which
Andorra is party or to which it has acceded, in particular the European
Convention on Human Rights, become part of the national legal order on their
publication in the Butlletí Oficial del Principat d’Andorra.
They then take effect in the legal system and their content cannot be amended or
reappealed by law.[3]
4. Direct enforceability of fundamental rights
71. The Constitution of
the Principality of Andorra not only contains a list of fundamental rights and
freedoms and provides for their development in
legislation, but also establishes
that “the rights and freedoms recognized in chapters III
and IV of this title (title II)
are immediately binding on the public
authorities and are directly enforceable. Their scope cannot be limited by law
and is protected
by the courts.
72. This provision should be noted since,
even if little legislation developing fundamental rights has been enacted, it
means that
all the fundamental rights and freedoms contained in chapters III and
IV of title II of the Constitution can be directly invoked before the
authorities and the courts, whose role it is to protect them. The mechanism for
direct application
of the Constitution has functioned completely as expected,
and court decisions have frequently made direct reference to constitutional
precepts relating
to fundamental rights.
5. Institutions responsible for ensuring the
implementation of fundamental rights
73. In the Principality of
Andorra, general oversight of the implementation of fundamental rights is
entrusted to the courts. Nevertheless,
in addition to the ordinary courts, two
institutions are responsible for defending such rights.
74. The first of
these institutions, the Raonador del Ciutadà - established by a
law of 4 June 1998 and based on the Swedish and French ombudsmen
- is an extrajudicial guarantee conceived of
as a counselling and mediation
service as a complement to judicial review of administrative acts. The role of
the Raonador del Ciutadà is to defend and ensure respect for and
implementation of the rights and freedoms enunciated in the Constitution, and he
or she acts as a representative or agent of the Consell General. The
Raonador del Ciutadà ensures that actions by the public
authorities respect the general principles of the defence and protection of the
rights and freedoms
established by the Constitution and objectively serves the
general interest.[3] The
Raonador del Ciutadà receives and investigates complaints from
individuals regarding the workings of the authorities and can also act on his or
her own
initiative.
75. The second institution responsible for ensuring
respect for fundamental rights and freedoms is the Tribunal
Constitucional, through the remedy of empara (remedy of
constitutional protection) provided for under the law. An ordinary action for
empara is brought against judgements by an ordinary court in final
instance for rejection or dismissal of priority and urgent proceedings
for the
protection of fundamental rights. The applicant or additional party to the
proceedings in question has the right to lodge
an
appeal.[40]
76. There is also a special remedy of empara where vulnerability
affects “the right to go before the court and to obtain a ruling founded
in law based on the right to due
process, with investigation by an impartial
court established by law, the right to counsel and the assistance of a lawyer,
to the
presumption of innocence, to be informed of the charge, not to admit
guilt, not to testify against oneself, and, in criminal proceedings,
to
appeal”, and where the violation occurred during or in connection with
judicial proceedings. In these circumstances only
the Public Prosecutor’s
Office is empowered to lodge an appeal at the request of the party
concerned.
77. Lastly, it is possible to make application for
empara against rulings, decisions and acts of the Consell General
which are unlawful and which would harm certain fundamental rights to which the
Constitution gives special protection.
II. GENERAL MEASURES FOR THE PROTECTION OF CHILDREN
78. The traditional legal system of the
Principality of Andorra is currently in transition with its adaptation to
contemporary precepts
embodied in the 1993 Constitution.
79. There is a
broad social consensus and sensitivity regarding children, reflected in the many
programmes for the country’s
children. These cultural and social
programmes are independently carried out by the comuns, educational
institutions and private entities.
80. The trend is towards specific
activities during school vacations oriented towards education and occupation of
leisure time.
81. In brief it may be stated that, despite a high degree
of consensus, these activities offer only modest protection in reality and
that
there is a need for improved coordination.
82. Within the Ministry of
Health and Welfare, a commission for children and young people, established in
1992 on the initiative of
the Government, is responsible for oversight and
monitoring of vulnerable children and for placing them with the competent
services.
83. Adoption of the Constitution has led to greater awareness
of individual rights and to greater involvement by the authorities in the
development of those rights,
which is certain to have a positive impact on
society in general and on children in particular.
84. The following may
be cited as an indication of this greater “legislative awareness”
following the adoption of the
Constitution: with regard to children, in 1993
the llei qualificada on education was enacted; and in 1995 the
Principality ratified the Convention on the Rights of the Child, approved the
law on adoption
and other forms of protection of abandoned minors, and signed
the Hague Convention on Protection of Children and Cooperation in Respect
of
Intercountry Adoption.
A. Promotion of participation in and oversight
of government policy by civil society
85. The Principality of
Andorra has seen the emergence of an as yet imprecisely defined framework for
social participation in a social
context reflecting the physical propinquity of
people and characterized by the appearance over the past five years of civil
society
organizations and associations seeking to take part in activities
formally conducted by the authorities alone. The authorities and
civil society
are forming a new partnership in the assumption of these responsibilities, each
with a specific role.
86. With regard to children, both organizations
such as AINA (holiday camp organization) and Caritas as well as individuals with
experience
of activities for children have been consulted.
87. The
Andorran National Committee for UNICEF, which suggested in 1994 to the
Government and the comuns that they should sign the Convention on the
Rights of the Child, has on several occasions attempted to forge closer links
with the
Government and indicated its willingness to participate on an advisory
basis in the formulation of children’s policies. As
testimony to its
interest in the promotion of the rights of the child in Andorra, in 1997 the
National Committee for UNICEF organized
a seminar on the preparation of this
report, to which were invited teachers in the Principality as well as
professionals and managers
from the Ministry of Health and Welfare, which has
responsibility for some children’s policies as well as the preparation of
this report.
88. The Government has indicated a desire to establish a
youth department in the Ministry of Education, Youth and Sport, in order
to
promote associations for young people and establish environments offering
contact between adolescents and young people and their
immediate social
environment. While it is the case that the integration of young people into
Andorran society has taken place without
difficulty, there is now a trend
towards lifestyles with a lack of structure which places some adolescents and
young people in vulnerable
situations, including failure at school, which
requires action to promote their reintegration. The Ministry of Health and
Welfare
is responding to such situations through its programme for integration
into society and working life.
89. In October 1998 a seminar was
organized for government officials by Caritas Andorra. Integration problems
were discussed and
proposals made; these will be made more specific in the near
future.
90. The Ministry of the Interior, for its part, is seeking to initiate
programmes that would offer an alternative to the detention
of minors subject to
judicial and administrative measures in the context of a new law - the llei
qualificada concerning minors - which will establish a specific legal
procedure for minors, clearly differentiated from that applicable to
adults.
B. National and local machinery for the coordination of
children’s
policy and implementation of the Convention
91. A number of
mechanisms exist for the coordination of the various sociocultural and
sociohealth policies in the field of education
and social welfare, but without
there being a regulatory coordinating body. A degree of coordination exists
between departments
of the central administration (social services and education
service) and local government departments on issues such as scholarships
and the
prevention of various illnesses, in implementing joint programmes to occupy
children in their free time and cultural programmes
(theatre, summer programme,
etc.).
92. While it is true that the comuns have no
responsibility at present for social services as such, they nevertheless
organize activities in the comú, such as programmes of cultural
and sports activities, leisure centres for the elderly, and health
centres.
93. Mention should also be made, in the parish context, of the
organization of daycare facilities: public (administered directly
by the local
authorities), private and partly subsidized by the central Government, such as
the governing board of Notre Dame de
Meritxell nursery.
94. The
Government thus develops children’s policies through various ministries,
in accordance with their responsibilities.
Thus the Ministry of Education,
Youth and Sport has responsibility for education, and the Ministry of Health and
Welfare oversees
the health of the population, particularly that of children,
through its School Health Service.
95. The Ministry of Health and Welfare
is the body responsible for formulating and implementing government policy for
the protection
of children, as well as policy on legal and social protection.
The Ministry of the Interior is responsible for implementing government
policy
concerning criminal justice as it relates to minors, and has sought the
cooperation of the Ministry of Health and Welfare
on the bill on juvenile crime,
approval of which was due in the first half of 1999.
96. With the aim of
establishing a framework for action and coordination of all social activities in
Andorra, a national social services
plan providing for programmes and
consultation with other bodies was approved by the Government in December 1995;
the plan describes
various levels of action, with the focus on the basic
level.
97. The plan, which reflects a desire to integrate services and
define functions, includes the adoption of a regulation on social
security
benefits, approved by the Government on 20 November 1996. It also
establishes a government system of social services with
the focus on a basic
care network and specialized care services with a view to ensuring the
provision, as a
State responsibility, of essential social services, while guaranteeing access
to such services for all those in need who have been
resident in Andorra for
more than three years. The plan takes into account the situation of children
and their needs and, in article
5 (3), makes provision for assistance for
children and young people (payment for day care and support for socialization
and integration).
C. Early childhood services
98. Article 7 of the llei qualificada on
education, approved by the Consell General in September 1993, states that
primary and secondary education, lasting from 6 to 16 years of age, are
compulsory. Article 7 (2)
states that, from the age of 3, every child shall
have the right to attend school if the parents or guardian so request.
Notwithstanding
the degree of latitude represented by the fact that compulsory
schooling begins at the age of 6, the social norm is for parents to
send their
children to school from the age of 3 onwards.
99. In fact, many children
under 3 years of age are sent to day-care centres as a result of their
parents’ work schedules.
The large number of day-care centres, both
private and public, induced the Government to draft a law on day-care centres in
May 1995
and to adopt regulations thereon in November 1995. The proper
functioning of the 17 day-care centres in the Principality in terms
of social,
educational and health issues is ensured by observance of these regulations.
The centres have a total enrolment of 550
children, representing 23.3 per
cent of children from 0 to 3 years of age (see
annex).
D. Measures to increase awareness of the
Convention
among adults and children
100. It is a government
obligation to society to promote awareness of and to disseminate the
Convention. Thus far this has been done through two channels: publication
in the Butlletí Oficial del Principat d’Andorra and the
issuance of two publications - a leaflet and a booklet - by the Government in
conjunction with the Andorran National Committee
for UNICEF. As well private
bodies such as Caritas and AINA have organized the dissemination of texts on
human rights and the rights
of the child through educational activities and the
training of volunteers and leisure activity organisers.
101. In addition,
in 1996 the Andorran National Committee for UNICEF sent copies, in Catalan, of
the Convention on the Rights of the
Child to every school in the country. In
1998 it launched a project aimed at adolescents from 12 to 15 years of age with
a view
to making them aware of global development and social justice issues and
thus of the rights of the child.
E. International cooperation and solidarity with regard to children
102. In terms of international cooperation on
behalf of children, attention should be drawn to the Government’s many aid
initiatives
in cooperation with non-governmental organizations (NGOs), and to
assistance provided by NGOs individually or jointly through the
forum of NGOs
working in Andorra.
103. NGOs - Andorran Red Cross, Enfants du
Mékong, the National Committee for UNICEF, Mans Unides, Caritas Andorra,
and Intermón,
among others - provide support to international cooperation
programmes in coordination with the Government or independently. They
carry out
mother and childcare programmes, set up schools and provide health services in
various countries of Africa, Latin America,
Central America and South-East Asia.
Further details of some of the projects undertaken by these NGOs over the period
1996-1998 are
given below.
1. Andorran Red Cross
104. The Andorran Red Cross built a primary
school in the province of Las Esmeraldas in Ecuador, and in 1997 took in 33
children from
8 to 12 years of age from Chernobyl (Ukraine) to help them recover
their health.
2. Enfants du Mékong
105. This NGO built 10 schools at Banmethuot and
Pleichuet in central Viet Nam. It operates a sponsorship programme for children
from the Mékong zone, putting them in contact with Andorran families that
undertake to provide for their needs and offer them
an opportunity to attend
school in observance of their fundamental rights. There are now 130 such
sponsorships.
3. National Committee for UNICEF
106. In 1996 the National Committee for UNICEF
signed an agreement with a commercial hotel group in Andorra. All hotels and
related
establishments have been asked to provide financial assistance to UNICEF
programmes for child victims of war living on the streets
and victims of natural
disasters.
107. In 1998 the National Committee for UNICEF began a project
in cooperation with a thermal recreational spa in the principality
- Caldea - to
solicit funds for a programme undertaken by the municipality of Manzanillo in
Cuba, the principal aim of which was
to supply drinking water to various
communities in the area. In this connection the Caldea spa has made contact,
through UNICEF,
with Andorran schools so that they can make use of its
facilities at low cost. The project makes children in the Principality
conscious
of the problems of children in other countries.
4. Mans Unides
108. In 1995 this NGO established a centre for
HIV-positive children. In 1996 it helped to build a drinking water supply
system for
a boarding school in Côte d’Ivoire. In 1997 it
collaborated in the following projects:
Construction of two classrooms
for street children in Nansongue (Togo);
Aid project for a foster home at Gitarama (Rwanda) for children who are war orphans;
Provision of equipment and food to a nursery school at Kigali (Rwanda) housing a significant percentage of HIV-positive children;
Enlargement of a school in a district of Bogotá (Colombia).
In 1998 it built four classrooms for 120 nursery school children in Santo
Domingo (Dominican Republic).
5. Caritas Andorra
109. In 1996 Caritas carried out an exchange
programme with 20 Turkish teenagers in a voluntary social service programme.
6. Intermón
110. Intermón carries out school
education projects with a high pedagogical content on education for peace and
intercultural
education.
7. Cooperation through the comuns
111. Since 1997 the comú of
Escaldes-Engordany has been twinned with Huaras, a Peruvian village, with which
a cooperation agreement has been signed for the
implementation of sociocultural
and health projects (children’s refectory and orphanage).
112. Since 1994 the comú of Escaldes-Engordany has had an
exchange programme for children from Étang-Salé,
Réunion.
113. Various schools in the country have exchange
programmes with schools in other countries. In addition, an international body,
in cooperation with the local Lyons organization, is helping to arrange
exchanges between Andorran children and disadvantaged children
in Spain and
France, thus helping to make it possible for them to go to holiday camps and
summer camps in other countries and encouraging
their socialization.
III. DEFINITION OF THE CHILD
A. Age of majority
114. Andorrans acquire
legal majority at 18 years of
age.[41] Majority gives full
civil capacity to act and full political rights (active and passive
suffrage).[42] Nevertheless,
from the age of 16 years onwards, minors may be considered as adults
under criminal law, since from that age they
are held responsible for offences
and criminal violations and can thus be
incarcerated.[43]
115. Several special measures exist for the protection of minors as do
certain rights that minors can exercise themselves or with
the consent of
parents or guardians before they are 18. The salient aspects of the situation
of minors are considered below.
B. Education
116. Education is compulsory and free from the
ages of 6 to 16. Nevertheless, the law provides for free attendance at school
from
the age of 3 if parents or guardians so request, as well as an option
of extending attendance to the age of 18 to complete secondary
education.[44]
C. Employment of minors
Employment of minors
117. Minors under the age
of 14 are prohibited from exercising any
employment.[45] Between the
ages of 14 and 16, minors may work only during school vacations up to a maximum
of two months a year. They must, however,
have at least two consecutive
weeks of vacation in the summer and half of school vacations at other periods.
The working day cannot
exceed six hours, with a break of at least one hour a day
and a weekly rest period of at least one and a half
days.[46]
118. From
the age of 16 on, minors may work, but their working day is limited to a maximum
of eight hours, with a break of at least
one hour and a weekly rest period of at
least one and a
half days.[47]
119. In
all cases of employment of minors, the law specifies that the work must be light
and must not harm the physical and emotional
development of the
minor.[48] The law prohibits
night work and requires a minimum rest period of two hours between working days
and a written contract of employment,
which must be signed by the legal
representative of the minor (parents or
guardian).[49]
D. Consent to certain acts
120. Minors may marry
from the age of 16 and may, from the age of 14, request a court dispensation to
marry.[50]
121. From
the age of 14, minors also have the capacity to make a
will.[51] On attaining the
age of 16, a minor born in the Principality of Andorra to foreign parents who
are residents may make a personal
election, with the authorization of his legal
representatives, for Andorran nationality or for his or her nationality by
ius
sanguinis.[52]
122. In
the event of annulment of marriage, separation or divorce, the judge must,
wherever possible, seek the opinion of the minor
child, when taking measures
relating to his or her education and to
custody.[53] Similarly, in
case of adoption, the judge must hear the opinion of the minor, this being
mandatory from the age of 10 and optional
before that age. Once the minor
attains the age of 12, his or her consent is necessary for agreement to
adoption.[54]
123. The
minimum age of sexual consent is 16. The Penal Code provides for prison
sentences in the event of carnal relations with
minors aged under 16, even where
they were not subjected to violence or
intimidation.[55]
124. The
Penal Code defines as an offence carnal relations with minors aged under 18
where use was made of deceit, or abuse of authority
or
situation.[56]
E. Criminal responsibility, deprivation of
liberty and
imprisonment
125. As stated, the age
of criminal responsibility is set at 16. Minors under 18 nevertheless benefit
from a legal provision whereby
the length of the prison sentence is half that
normally incurred for the
violation.[57]
126. From
the age of 16, minors are subject to terms of imprisonment and may be
incarcerated in prisons. Minors under that age have
no criminal responsibility
and are not subject to the penalties established under the Penal Code, and may
not be incarcerated.[58]
Legislation applicable to minors provides for re-education, correction and
supervision.
127. This area was only lightly regulated in the old Code of
Penal Procedure, abrogated on 7 January 1999. The Government is
engaged
in formulating a bill on juvenile crime, which will govern the
application of disciplinary and educational measures to children over
12 but
under 16 who have infringed criminal laws. The drafting of the bill takes into
account article 40 of the Convention.
F. Consumption of alcohol
128. The consumption of alcoholic drinks in
public establishments by minors under 16 is
prohibited.[59]
IV. RESPECT FOR THE PRINCIPLES ENUNCIATED
IN THE
CONVENTION
129. In addition to the
Convention on the Rights of the Child, the Principality of Andorra has acceded,
on 3 January 1997, to the
Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption.
A. Measures relating to the principle of non-discrimination (art. 2)
130. The Constitution of the Principality of Andorra
embodies the principle of equality before the law and the prohibition of all
discrimination on the
basis of birth, race, sex, origin, religion, opinion or
any other personal or social
status.[60] This principle
and this prohibition enjoy protection under the Penal Code, since “any act
of discrimination constituting harassment
or infringing the dignity of a person
on the basis of origin, religion, race or sex shall be considered an
offence”.[61]
131. The Constitution also establishes the principle of equality before
the law,[62] and this
principle enjoys specific protection since it is directly binding on the public
authorities as directly enforceable and
is protected by the
courts.[63]
132. The
Administrative Code also guarantees equality before the public authorities and
prohibits discrimination on the basis of birth,
race, sex, religion, opinion or
any other personal or social
status.[64]
133. The
constitutional principle of equality is also specifically reflected in
legislative instruments approved subsequent to the
Constitution, in particular
the llei qualificada on marriage. Laws antecedent to the Constitution
that were not fully in accord with it (for example the Law of Succession Reform
Act of 31 July 1988) have been abrogated or amended,
insofar as they were
incompatible, by the direct application of the Constitution, without waiting for
specific amendments, which, however, would be advisable.
134. With regard
specifically to discrimination on the basis of sex, the Principality of Andorra
has acceded to the Convention on
the Elimination of All Forms of Discrimination
against Women.[65]
B. Measures relating to the best interests of the child (art. 3)
135. The principle of the best interests of the
child has been expressly incorporated in more recent legislative instruments:
the
llei qualificada on marriage, in which reference is made to measures
to be taken in the event of annulment of marriage, separation or
divorce;[66] and the
llei qualificada on adoption and other forms of protection of
abandoned minors. Nevertheless the very specific characteristics of Andorran
civil
law mean that the principle of the best interests of the child can be
invoked before the courts, and in all proceedings which are
not governed by
specific regulations but which are governed by ordinary
law.[67]
136. That
being so, the most important measure in this area was introduced by the Public
Prosecutor’s Office Act, which, in
order to guarantee the child’s
best interest, mandates intervention by the Public Prosecutor’s Office in
all civil proceedings
involving
minors.[68]
C. Measures relating to the right to life, survival and development (art. 6)
137. The Constitution of the Principality recognizes
and guarantees the right to
life[69] as well as the right
to health protection.[70]
138. With regard to the right to education, which is a specially
protected fundamental right, the Constitution states that education shall
“foster the dignity and full development of the human personality, in
respect for freedom and fundamental
rights”.[71]
D. Measures relating to respect for the views of the child (art. 12)
139. Article 33 of the Civil Marriage Act provides
that, in proceedings for the annulment of marriage, separation or divorce,
measures
for the education and custody of children shall be taken, with due
regard, where possible, for the views of minor children.
140. In case of
adoption, the judge, should he or she deem it appropriate, may seek the opinion
of children aged 10 or over. For
adoption to become effective, the agreement of
children over the age of 12 is
required.[72]
141. In the
school context, each school in the Andorran educational system has a school
assembly, which is the collegial body for
participation by various segments of
the education community in the management of the institution. Two student
representatives at
each level of education, with the exception of nursery and
primary schools, are
members.[73]
V. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality
142. Strictly speaking,
the Andorran State had no civil register until 1996: the register kept by the
Catholic Church served that
purpose. For this reason, children born to
non-Catholic families were also included in it.
143. The Civil
Registration Act of 11 July 1996 and associated regulations
dated 18 December 1996 enabled an Andorran civil register of
births, deaths and marriages
to be established, thereby putting an end
to an anachronistic situation.
144. The llei qualificada on
nationality now in force confers Andorran nationality on children born in
Andorra provided that one of the following conditions
is met:
(a) At
least one of the parents is Andorran;
(b) At least one of the parents
was born in Andorra and has his or her principal and permanent residence
there;
(c) At least one of the parents has, and has had for the 18 years
prior to the birth of the child, his or her principal and permanent
residence in
Andorra.
145. If, at the time of birth, this period has not been
completed, nationality is granted provisionally and must be confirmed once
the
period of residence has been completed by one of the parents. This confirmation
confers nationality definitively.
146. In order to avoid statelessness,
the law on nationality expressly stipulates that foundlings in Andorra or
children born in the
Principality to unknown parents are Andorran until
parentage is established. The same applies to children born in Andorra to
stateless
or foreign parents not granted the nationality of one of the parents
under the foreign
legislation.[74]
147. The
Civil Registration Act stipulates what has to be done to register a child
immediately at birth and establishes the mandatory rules to be followed at that
time. At the time of registration, the child’s first name is given,
followed by the father’s and mother’s surnames,
in that order,
although the order may be reversed at the joint request of the
parents.[75] When parentage
is not recorded, the registry official must give a first name and surnames to
the person concerned, and must choose
from the most common ones, avoiding any
reference to the fact that the child has been
abandoned.[76]
B. Preservation of identity
148. The Civil Registration Act not only
guarantees the right to an identity but also its preservation, establishing
formal procedures, under judicial supervision,
for changing a first name or
surnames. These procedures ensure the preservation of the child’s legal
personality.
149. The Penal Code, meanwhile, defines the illegal use of a
child’s personality or identity as an
offence.[77]
C. Freedom of expression
150. The Constitution of the Principality of
Andorra proclaims that freedom of expression is a fundamental right of every
person. As legislation that
can be directly invoked, it is directly binding on
the authorities and is protected by the
courts.[78]
151. In
schools, the regulations on participation in school management in Andorra
provide for participation in the school assembly
of two pupil representatives
per grade, except at the nursery and primary levels.
D. Access to information
152. The Andorran Constitution proclaims freedom
of communication and information, as well as freedom of expression, as
fundamental rights of every person. As
legislation that can be directly
invoked, it is directly binding on the authorities and is protected by the
courts.[79]
153. In
order to facilitate children’s access to communication resources, public
libraries - both national, run by the Government,
and parish, run by the
comuns - have special children’s sections.
E. Freedom of thought, conscience and religion
154. Freedom of thought, conscience and religion
are also fundamental rights recognized by the Constitution; they may be invoked
directly and they enjoy the protection of the
courts.[80] Article 11
establishes that this freedom “shall be subject only to such limitations
as are prescribed by law and are necessary
in the interests of public safety,
order, health or morals, or for the protection of the fundamental rights and
freedoms of others”.
155. Given the strength of the Catholic
tradition in Andorra, the Constitution makes a specific reference to the
Catholic Church, guaranteeing it the “free and public exercise of its
activities and the
preservation of the relations of special cooperation with the
State in accordance with the Andorran
tradition”.[81]
156. State
schools in Andorra are secular, although there are voluntary religious lessons.
The Principality also has Catholic schools
and other secular schools (the French
junior high schools and high school, which follow the French system, and the
Spanish junior
high schools and high school, which follow the Spanish
system).
F. Freedom of association and of peaceful assembly
157. These freedoms are also fundamental rights
proclaimed by the Constitution and guaranteed to all. They are directly binding
on the authorities, are directly enforceable, and are protected by the
courts.[82]
G. Protection of privacy and prohibition of torture and degrading treatment
158. The Andorran Constitution guarantees the
right to privacy, honour and reputation and establishes that “all shall be
protected by law against unlawful
interference in their family and private
life”.[83]
159. The
Constitution recognizes and guarantees the right to physical and moral integrity
and stipulates that “no one shall be subjected to torture
or to cruel,
inhuman or degrading treatment or
punishment”.[84]
160. The
death penalty is prohibited in
Andorra.[85] The maximum
period of imprisonment provided for by the Penal Code is 30 years, or 15 years
in the case of minors under the age of
18.
161. The Constitution
guarantees the rights to “liberty and security”, and stipulates that
people “shall only be deprived of them on
such grounds and in accordance
with such procedures as are established in the Constitution and the laws”.
The Constitution stipulates, in particular, that “police custody may not
last longer than the time needed for the purposes of the investigation
and may
in no case last longer than 48 hours, at the end of which time the detainee must
be brought before the judicial authorities”.
It also stipulates that the
law will establish a procedure that allows every detainee to request a court to
rule on the lawfulness
of his or her detention. Details of this procedure,
known as habeas corpus, are given in the transitional law on judicial procedure
of 21 December 1993. The procedure may be invoked by “the actual person
deprived of liberty or through a solicitor, even orally,
by members of his or
her family with no limit on the degree of relationship, by spouses or their
equivalent, or by the legal representatives
of the person deprived of liberty,
as well as the Public Prosecutor’s Office and any other court,
batlle (lower-court judge), judge, or judicial or prison
official”.[86]
162. Currently,
no legal norm requires that minors should be held separately in prisons.
However, in practice, young people between
the ages of 16 and 21 have always
been separated from other prisoners. It is envisaged that a prisons bill
currently being drafted
will incorporate this measure and all the other
recommendations contained in the Convention on the Rights of the Child.
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Family environment
1. Legal framework for parental responsibility
163. Article
13 of the Andorran Constitution, in title II, chapter III, on the fundamental
rights of the person, which, as legislation that can be directly invoked, is
directly
binding on the authorities, stipulates that “the public
authorities shall promote a policy of protection of the family, which
is the
basic foundation of society”. It also stipulates that “both spouses
have the same rights and duties”, and
that “all children are equal
before the law, regardless of their parentage”.
164. The latter
provision is particularly important, as it directly abrogates quite a number of
norms, under both ordinary law and
other legislation, which discriminated
against illegitimate children.
165. Moreover, the llei qualificada
on marriage, which supplements the constitutional principles, stipulates that
“men and women have the right to marry and start
a family” and that
“the family is the basic unit of society and is entitled to the economic,
social and legal protection
of society and the
State”.[87] This law
also establishes the principle of equality between spouses, which was introduced
into Andorran legislation by a decree
dated 15 November 1975, which reads as
follows: “Marriage confers the same rights on both spouses and requires
them to fulfil
the same duties”, including “the obligation to
support and raise their children, taking into account their children’s
desires and abilities, in accordance with the family’s financial
resources”.[88] The
law stipulates that no one can relinquish this obligation or
duty.[89]
166. The law
ascribes parental authority jointly to both parents, specifies that its purpose
is to protect the child’s safety,
health and morals, and ascribes to them
the right and duty to care for, watch over, maintain and educate the child, as
well as to
legally represent the child and administer the child’s
possessions.[90] The law
does not authorize either the delegation or transfer of parental authority
except by virtue of a court decision. It also
provides for the removal of
parental authority from “parents who, through ill-treatment, such as
habitual drunkenness, manifest
ill-conduct, criminality or failure to care for
and educate the child, clearly jeopardize the child’s safety, health or
morals”.[91]
167. Neither
the annulment of a marriage, nor separation nor divorce exempts parents in any
way from their obligations towards their
children. The parent without custody
of the children has visiting rights and is obliged to make a financial
contribution, in accordance
with his or her means, to the cost of the
child’s upkeep and education. Visiting rights may be restricted or
suspended in
the event of a serious breach of the duties imposed by a court
decision or in very serious
circumstances.[92]
168. The
Penal Code strengthens the guarantees that these rights will be observed, laying
down a prison sentence of up to eight months
for anyone contravening or
obstructing the court’s decisions on the custody of children, their right
to shelter, the exercise
of visiting rights or the payment of
maintenance.[93]
169. The father and mother are obliged, even if they do not have parental
authority, to visit their minor children and support them
by paying maintenance
to cover the costs of all clothing and medical care. Maintenance also covers
the children’s education
while they are minors and until they complete
their education. The authorities, with the help of the social services, are
constantly
on the alert to ensure that this obligation is met, but are not
always successful as fathers who have abandoned their families sometimes
leave
Andorra and the pursuit of claims for maintenance against them is no longer
within Andorran jurisdiction.
170. The batlle (judge) takes
appropriate measures to ensure that an allowance for maintenance is paid and
that the child’s needs are met if
the parents do not meet this
obligation.
171. The law on adoption and other forms of protection of
abandoned minors has made it possible to standardize all measures for the
protection of abandoned children, but some additions need to be made to expand
and refine certain aspects of it.
2. Protection against neglect of parental duties
172. As has been said above, parental authority
entails a number of obligations towards the child and is subject to limitations
when
it is not properly exercised in the child’s interests. Thus, a
judgement based on a failure to respect the child’s rights
may strip the
father or mother of all or some of their authority. The Andorran courts may,
for the benefit or in the interest of
the child, restore parental authority once
the reason for removing it no longer applies.
173. The Penal Code
strengthens the guarantees for the exercise of these rights by making punishable
the following kinds of behaviour:
(a) Under article 175 (title II,
chapter IV), a person with custody and responsible for the protection of a minor
and who neglects
that minor, thereby jeopardizing the child’s life or
physical integrity, shall be punished with a prison term of up to four
years;
(b) Under article 332 (title V, chapter III, “Offences against
the family”), anyone ceasing to fulfil their duties to
help and assist
their minor or legally incompetent children or their ascendants or spouse in
need shall be punished with a prison
term of up to eight months. A guardian or
custodian is liable to the same sentence for the same breaches of duty towards
the minor
or legally incompetent child in their care;
(c) Under article
323, anyone who violates or obstructs court decisions on the custody of minors,
their right to shelter, the exercise
of visiting rights or the payment of
maintenance to family members risks a prison sentence of up to eight
months;
(d) Under article 324, anyone who encourages or helps a minor to
run away from home shall be punished with a prison sentence of up
to six
months;
(e) Under article 325, anyone usurping a child’s legal
personality or identity by passing off a child or making false statements
or by
any other means shall be punished with a prison sentence of up to one
year.
3. Guardianship
174. Some foreign families living in Andorra for
professional reasons may organize their living arrangements around the demands
of
their work and hand over responsibility for educating their children to their
family in their country of origin. These situations,
in which the parents and
children are not living together, do not come within the administrative and educational scope of the social services. It should also be observed that such situations are typical of countries with a large labour force employed in the tourist sector.
4. Physical and psychological recovery and social
rehabilitation of child victims of abuse
175. The
younger children are, the greater the effects of neglect and abuse are on their
psychological and social development, because
of their dependence on their
family environment. Young children’s mental faculties are just not
sufficiently advanced to allow
them to endure suffering alone. In order to
adequately develop these faculties, children depend on their parents and on the
family
environment, and the younger the child is, the quicker he or she is able
to overcome painful experiences, given suitable help.
176. This is why
the Technical Commission for Children and Young People considers early detection
of children at risk to be one of
its highest priorities.
177. In its
attempts to facilitate the early detection of children at risk, the Commission
organized several meetings during the 1995/96
school year for schools and
daycare centres in Andorra in order to make professionals aware of the problem
and propose that they
work together. Teachers were handed a document on risk
indicators to help them spot and draw attention to any neglect or
abuse.
178. The next step is to get in touch with the appropriate social
worker to pass on comments on the case and, where necessary take
a closer look
at it. This work is already being carried out and every case brought to its
attention is systematically evaluated
by the Commission, which studies each case
individually and proposes a tailored work programme for each
child.
179. Each individual programme takes into account the means
available to the family for modifying behaviour that compromises the
child’s
development, and also the duration of that behaviour. The case
study also includes an assessment of the family and of the child,
which usually
involves a psychological examination.
180. If the state of neglect or
abuse of the child violates certain rights covered by the law on adoption and
other forms of protection
of abandoned minors, a report is submitted to the
Batllia (court), which takes action to protect the child’s
well-being and safety.
181. Data collected between January 1996 and
November 1997 indicate that 39 children had to be temporarily removed from their
original
family environment for their protection (see annex).
182. To
help these children recover, they are sent to the Mental Health Centre, where
they receive treatment and help adapted to their
individual situation.
B. System for the protection of children and young people
1. Early detection and prevention
183. In the last five
years, efforts in the Principality of Andorra have focused on setting up child
protection services capable of
preventing problems in families in difficult
situations, detecting and remedying risk situations and dealing with social,
family-related
and psychosocial problems that might affect
children.
184. The primary care social services, which are run by the
local authorities in many countries, are provided by the Government in
Andorra
for historical reasons and because of the country’s size.
185. The
social services have specific departments for, among others, families, the
disabled, older people, young people, and children
and teenagers. The
department for children will shortly be reorganized as an independent agency
combining the various departments
currently dealing with children and
families.
186. The basic social services provide primary care for
individuals and families. Social workers working at the local parish level
intervene when a temporary problem arises that leaves a child unable to remain
in his or her usual family circle, and house the child
elsewhere, in a foster
family or a home.
187. Helping families to live together is a service
with obvious repercussions on the socialization of children, thanks in
particular
to the psychological and social help provided for the
families.
188. Child protection in Andorra is very closely linked to the
primary care social services and the informal social network that acts
as a
preventive mechanism. Nevertheless, it is now vital to coordinate and organize
professional services supported by the authorities
so that they have specific
and verifiable targets.
189. With regard to the primary care services,
the social services programme assigns two types of task to
them:
(a) Action to solve the social problems of individuals, families
and the community;
(b) The prevention and detection of situations of
social risk or various shortcomings that affect the population in general and
children
in particular.
2. Family Mediation Service
190. On 13 April 1994 the Government set up the
Family Mediation Service, the main function of which is to mediate when a couple
splits
up so as to avoid the negative effects of the separation and prevent or
minimize the problems that might confront children after
the
separation.
191. The Service seeks to protect the interests of children
suffering as a result of family disputes arising before, during or after
the
parents’ separation, by improving communication between family members,
avoiding pressure being put on the children, reaching
amicable agreements,
ensuring that the relationship between parents and children is maintained and,
lastly, reducing the financial
and social cost of separation.
C. Technical Commission for Children and Young People
192. All the existing administrative measures
concerning children were analysed and collected in an official report on the
childcare
services in May 1997. This document resumes the current situation and
contains proposals for future programmes for children.
193. The Technical
Commission for Children and Young People is one of the family care programmes
that is part of the first phase of
the national social services programme. Its
goal is to define and evaluate questions relating to abandoned children in the
Principality
of Andorra.
194. The Commission has raised awareness in
schools in the various educational systems in the country and in public and
private day-care
centres, pointing out their responsibilities in the early
detection of risk situations for children (1995) and producing a document
on
risk indicators and on what to do to bring such situations to the attention of
the competent social services.
195. The Commission also assesses,
monitors and examines the cases brought before it and submits a report to the
judicial authorities
in cases where the abandonment of the child is in breach of
some of the provisions of the law on adoption and other forms of protection
of
abandoned minors.
1. Functions of the Commission
196. The functions of the Technical Commission
for Children and Young People are as follows:
Deal with requests from the basic social services for an assessment of the
situation of children abandoned by their families. The
request should include:
a report on the child’s social and family situation; the reasons for
requesting action; a psychological
report on the child if deemed necessary; and
a draft work programme to be carried out in conjunction with the child’s
family,
which the Commission has to approve;
Examine carefully and in detail the action to be taken and decide whether to
recommend separating the child from his or her biological
family;
Give a reasoned argument for the action considered desirable;
The social worker concerned must then deliver the report containing the
Commission’s proposal to the judicial authority for
approval of the most
appropriate course of action;
If the action does not involve removing the child completely from home but
changes the child’s usual family relationship or
includes measures
affecting members of the child’s family, also deliver a report containing
the Commission’s proposal
to the judicial authority;
Specify the general goals for the child and the child’s family, so that
these goals can be taken into account when the work
programme is being drawn up
for teachers and/or the social services concerned. To do this, caseworkers will
meet periodically to
jointly prepare the work programme and ensure its
follow-up;
Oversee the work programme, both in accordance with a schedule set by the
Commission and at the request of one of its members;
Determine the expiry date for the action taken and thus the duration of the
work programme;
Establish what preliminary action needs to be taken to prepare the child for
the implementation of the course of action decided upon;
Give guidance on the main points of the contract between the child’s
parents and/or the child and the service assigned to take
the action agreed
upon;
Act, in general, as the oversight body for the Foster Care Service and the La
Gavernera children’s home;
Submit to the judicial authority a duly reasoned and justified proposal to
end or modify the course of action followed;
If a course of action is unexpectedly ended, notify the judicial
authority;
Cooperate with the various sections of the government Department of Social
Services involved in the care of children and young people,
whenever the
professionals involved so request;
Collect information on children and young people from the various bodies
working with this population group in Andorra;
Prepare summaries, studies, memoranda and statistics on all the cases
assessed by the Commission in order to extract data on the state
of
society;
Promote both preventive action and solutions to help children and young
people;
Oversee the post-institutional monitoring of children once a measure has been
fully implemented in every case considered appropriate
by the
Commission.
2. Support at home and foster care, as decided upon by the Commission
197. Support at home. This refers to
monitoring that takes place in the child’s family and social environment
so as not to separate the child from
his or her family. It consists of
providing personalized help to the child, with family involvement and preferably
by making use
of the common resources of the child’s social
circle.
198. All cases where risk has been detected are assessed by all
the professionals concerned within the Technical Commission for Children
and
Young People. The Commission’s social services draw up a comprehensive
work programme to help the family take care of
the child properly and identify
the resources and services that should be involved, namely, the mental
health-care services, social
services, leisure services and so
on.
199. This course of action includes checking that parents are
fulfilling their duties of care and education.
200. The action is
implemented by primary care social services workers, who draw up a draft work
programme with the family while making
the parents aware of their responsibility
to help the child find his or her identity.
201. The social worker must
report periodically on the child’s situation and
development.
202. Whenever circumstances so permit, support at home
should be the preferred course of action so as to avoid the separation and
emotional trauma involved for the child in any other measure.
203. No
child should be separated from his or her family for financial reasons. This is
why some element of the cost of implementing
any measure other than support at
home should be paid to the families of children with little
money.
204. Foster care. In this case, children are entrusted to
a person or family for a fixed period of time with the aim of returning them to
their original
families. This measure is always temporary, lasting until the
children are reintegrated into their natural families and/or into
society. One
characteristic of foster care is that the children are not cut off from their
families and it does not include pre-adoption
homes.
205. The management
of foster care is included in the Foster Care Service programme adopted on 25
June 1990.
206. In principle, the Foster Care Service is aimed at
children from:
(a) Families with a very specific need that temporarily
prevents them from taking care of their children;
(b) Families in which
the duty of care, education and maintenance is neglected and in which the child
receives no moral support or
the necessary material assistance.
207. The
Foster Care Service has the following goals:
To forestall difficulties for children at risk in their families;
To compensate for problems resulting from the absence or failure of parents when the child is at risk and a course of action has been decided upon by the judicial authority;
To draw attention to children at risk for whom the most appropriate course of action is likely to be placement in a foster family;
To watch over children placed in foster families and support the latter throughout the process;
To provide children with a stable family framework to help them develop, in cooperation with the natural parents. Foster care is seen as a way of helping parents so that, once the problems that made it necessary have been dealt with, they can once more take on their parental duties;
To introduce the child being placed in foster care to the foster
family.
208. For the duration of the foster care, the primary care social
worker cooperates with the child’s original family to prepare
for the
child to be returned to it as quickly as possible, where that is
possible.
209. Regular meetings are also held with the group of foster
families, to give them guidance on adoption and developments in topics
of
concern to them, while at the same time there is a systematic follow-up of the
foster children.
210. Foster care is most suitable for children under the
age of three and for older, emotionally immature children, and it is preferable
to a specialized home as it allows the child to live in a more stable setting
than that provided by a children’s home.
3. Specialized children’s homes
211. Children removed from a family environment
because they are at risk are protected by the State, which uses various
alternatives
to the family, including the La Gavernera children’s
home.
212. Children are admitted to the home when their circumstances and
characteristics rule out the other measures described (support
at home or foster
care).
213. A child’s stay in the home should always be temporary.
It should never be considered a punishment or form of imprisonment,
but as a
place for learning social skills. Consequently, preparations for the
child’s departure from the home begin on the
day of arrival.
214. A child with serious mental or physical problems may be admitted to a
centre providing suitable care for as long as is necessary
to treat the problem.
The child is admitted to a centre outside Andorra, thanks to agreements between
the Caixa Andorrana de Seguretat Social (Andorran Social Security Fund)
and the centre concerned.
215. In order to avoid as far as possible the
harmful effects of long-term institutionalization in the children’s home,
on the
one hand, and the needless renewal of the temporary measures taken by the
Government to protect the child, on the other, the Technical
Commission for
Children and Young People monitors the work programme drawn up to assess the
progress of the child and the child’s
family and gradually adjusts the
programme if need be.
216. For the purposes of this assessment,
interdisciplinary meetings are held with all the professionals working on a
case. When
a child has been separated from his or her biological family, a
tentative date is set for the end of the separation, and this helps
keep the
period of protection to the strict minimum.
217. Children are also
monitored when they leave the government protection scheme, to help them become
reintegrated into their families
and society.
218. The Batllia
periodically receives information on the situation and progress of these
children, so that the judicial system can request any changes
it finds necessary
and/or more details on the children and/or their families.
4. La Gavernera children’s home
219. The Technical Commission for Children and
Young People may propose that children should be admitted to the La Gavernera
children’s
home for full-time care and learning designed to reintegrate
them into their families and to give them the care and education they
need.
220. The La Gavernera children’s home was opened on 2 May
1985, with the Government’s agreement, to protect abandoned
minors.
221. The La Gavernera home offers full-time residential care,
provides an education and tries to offer a temporary solution for certain
children who have been abandoned or who are in a situation of social risk until
they can be reintegrated into their families or society.
222. Admission
should always be a last resort and should not be granted unless no other measure
is possible.
223. The Technical Commission for Children and Young People
fixes the criteria for the admission and discharge of children and for
the
length of their stay in the home, and submits its proposal to the batlle
(judge) for approval.
224. The home is run by the director and the
teachers, who base their work on educational principles, liaising closely with
the social
worker in charge of the case and/or with other professionals,
depending on the specific needs of each child.
225. The home is funded
from the State’s general budget.
226. The home, the only one of its
kind, operates as:
(a) An emergency centre (stays of up to 48 hours):
it meets the child’s basic needs;
(b) A short-stay centre (1-3
months): it meets specific transitional needs and performs an essentially
therapeutic and support function;
(c) A centre for medium- and long-term
care: a personalized educational programme is prepared, giving priority to
formal teaching;
(d) A day centre: a personalized educational programme
is prepared which takes into account the timetable and length of stay of
the
child.
227. The La Gavernera home handles cases requiring urgent action,
those in which a serious risk to the child’s physical or mental
well-being
has been identified and those in which the child cannot be kept in his or her
family environment because of the difficulty
of the
circumstances.
228. The general goals of the La Gavernera
children’s home are to:
Surround the child with affection, understanding and emotional and material security;
Meet the child’s needs and educate the child;
Take care of the child’s physical and emotional health while attending to the harmonious development of the individual;
Perform a support and guidance function for adolescents;
Establish and supervise a system for visits;
Help the Technical Commission for Children and Young People to achieve its
main goal of returning children to their family environment
or, if need be,
encourage their integration into some other family environment (their extended
family or a foster family) or prepare
them for adult life.
229. The
specific goals of the La Gavernera children’s home are to:
Encourage the child to develop good habits of hygiene, health and tidiness;
Work to improve the child’s results at school and/or work and generally encourage the child to take advantage of training;
Begin to involve the child in Andorran social and cultural life;
Work on the child’s weak points by drawing up an individual educational
programme.
230. The children staying temporarily at the La Gavernera
children’s home are up to 18 years of age and are:
(a) Children
from families with serious problems (physical or mental ill-treatment,
alcoholism, drug addiction, prostitution, parents
suffering from chronic mental
or physical illness);
(b) Children from broken homes, with problems that
have negative repercussions on the children;
(c) Children who, for
reasons unknown to the Commission, are unable to adapt to measures such as
support at home or foster care;
(d) Emergency
admissions;
(e) Children whose personal safety is at risk.
5. Adoption Service
231. Under Andorran law, adoption is always
subject to a court decision, in accordance with the principle of the best
interests of
the child. The law requires a prior recommendation by the Adoption
Service, which involves a preliminary study of the circumstances
of adoption and
an assessment of the suitability of the person or couple wishing to adopt, helps
consolidate the trend whereby the
law puts the interests of the child first, and
provides guarantees against the trafficking or sale of children.
232. The
Hague Convention on the Protection of Children and Cooperation in respect of
Intercountry Adoption and the law on adoption
and other forms of protection of
abandoned minors, subsequently adopted by the Consell General on 21 March
1996, provide an ideal legal framework to ensure that both national and
intercountry adoptions are carried out as a protective
measure and in the best
interests of the child.
VII. HEALTH AND WELFARE OF THE CHILD
A. Andorran health system
233. The Constitution
of the Principality of Andorra recognizes the right to protection under a
State-guaranteed social security system.
234. The health system is
mixed: it is based on the social security system and consists of all facilities
and services relating to
hygiene, public health and individual and collective
health care - these fall directly under the general administration and are
placed
under its management. The funding and the supply of services are mixed
in the sense that the users participate in the financing,
and both independent
professionals and publicly employed professionals and public and private
institutions provide services in public
and private
establishments.
235. The health-care and hygiene functions are assigned
between the general administration and the management bodies as
follows:
(a) The Government is responsible for developing and
programming all health sectors and for implementation in regard to public health
and hygiene;
(b) The Caixa Andorrrana de Seguritat Social (CASS)
is responsible for collecting insured persons’ contributions and financing
the health services used by beneficiaries;
(c) The Andorran Health Care
Service (SAAS) is responsible for running governmentfunded health services, in
addition to its duties
as stipulated in the law creating
SAAS.
236. Accordingly, the health system in Andorra is run by the State
and falls under the regulatory authority of the Government, which
guarantees the
system so that all citizens enjoy the best possible health facilities.
1. Membership in CASS
237. Membership in CASS is compulsory for all
wage earners. Other persons may become voluntary members. Disabled persons may
obtain
health insurance through a disability pension, and elderly persons not in
receipt of other pensions may obtain a noncontributory
old age pension. These
are granted and financed by the Government, which pays the contributions to CASS
in proportion to the number
of retirees. Approximately 80 per cent of the
population is now covered by insurance.
238. The sickness scheme is
administered by CASS as a single system, without any distinction between the
various groups of insured
persons, regardless of occupation or type of
membership. The sickness scheme must ensure a financial balance between
revenue, exclusively
from contributions, and payments for health services and
other benefits. Employers and workers contribute a specific percentage
of
salary (10 per cent in 1998, i.e. 7 per cent by the employer and 3 per cent by
the wage earner). Voluntary contributors pay CASS
10 per cent of their
average declared salary. The contribution for retirees is 3 per cent of their
pension.
239. Health services are not provided directly by the social
security system. The system engages professionals or institutions through
general or special agreements. In addition, the State has concluded or is in
the process of concluding international social security
agreements with Spain,
France and Portugal. The sickness scheme plays an important role in financing
health care, but it covers
only about a quarter of health service expenditures.
For this reason, many people need supplementary insurance with private
companies.
2. Supply of services
240. Services are supplied by dispensaries and,
in the case of hospitalization, by professionals at public and private centres.
All
the professions involved are regulated and may be exercised under the public
or private system. The private system is termed “liberal
practice”,
and
comprises independent professionals. They can, as appropriate, work in
public establishments, such as hospitals. It may therefore
be said that the
supply of health services is mixed, i.e. both public and private.
3. Health and welfare coverage for children in Andorra
241. Within applicable limits, the mother and
child care scheme covers 90 per cent of costs. There are arrangements
to cover 100
per cent in special situations where the cost of care is
disproportionate to the insured person’s income.
242. Costs are
covered when care is provided by professionals in establishments or services
which have concluded agreements with Andorra
or neighbouring
countries.
243. An agreement between the Caixa Andorrana de Seguritat
Social (CASS) and speech therapists has been signed in order to provide
care, with a medical prescription, for children who experience speech
difficulties. In 1997, 145 children up to 18 years of age received attention
for such difficulties.
244. CASS also provides the following benefits:
allowances for orphans up to 18 years of age (150 children in 1997) and
children
hospitalized outside Andorra and covered by CASS (6 children in
1997).
245. All children may benefit from health coverage through parents
contributing as wage earners or voluntary members.
246. There is a
legal vacuum in regard to children whose parents have lost their jobs.
Twentyfive days after losing his or her job,
a wage earner no longer benefits
from social security and, consequently, neither do his or her
children.
247. All children in foster care regulated by the social
services benefit from the health coverage of one of the adults in the foster
family. Children at the La Gavernera home benefit from health coverage
administered by the social services.
248. Persons insured by CASS and
uninsured persons have a wide range of services which they can use directly, on
their own initiative.
Access to a general practitioner or specialist is free.
People may also choose the hospital at which they want to be treated, in
accordance with agreements concluded. In addition to the services available in
Andorra, insured persons also have access on the
same terms to services which
have concluded agreements with the public systems in Spain, France and Portugal.
249. Doctors in Andorra may also refer their patients to such services.
B. Andorran Health Care Service (SAAS)
250. SAAS is a semi-public body established
under the General Health Act; it was created on 23 December 1986 by
agreement with the
Consell General. Its task is to manage and administer
all public health resources - human, material and financial - both in the
hospital and primary-care
sectors.
251. The responsibilities of SAAS in
the health system are to develop and implement health promotion activities and
programmes.
1. School Health Service
252. The School Health Service was established
by a decree of the Consell General on 29 September 1980 as the
Serve Sanitari Social Escolar.
253. Although it has kept its
original basic objectives, the School Health Service has undergone changes,
particularly with regard
to social objectives, which are dealt with more
directly by the primary-care social services.
254. The fundamental
objectives of the Servei de Salut Escolar are to:
Systematically
monitor the health of children in school at various stages;
Carry out
additional medical examinations at the request of teachers or families;
Take preventive measures against tuberculosis and other contagious diseases
in the school environment and, where appropriate, the
family
environment;
Take preventive measures against oral and dental disease and sensory or
functional deficiencies;
Identify children with medical and social deficiencies and contribute to the
health education of pupils and their families;
Ensure overall hygiene in
schools;
Ensure, where necessary, a school social service;
Ensure the proper implementation of the programme for the systematic vaccination of children.
2. Child vaccination programme
255. Systematic vaccination of children has
proved to be effective in eradicating various infectious diseases. In April
1988 the
Government decreed the first systematic child vaccination programme in
Andorra together with a vaccination schedule; this was a very
important step
forward in providing all health professionals with a common objective and
working tool.
256. In the light of epidemiological and health considerations,
the resources available and the objectives already achieved, the vaccination
schedule has been reviewed and modified. Specific objectives and activities
have been periodically defined, with a view to eradicating
infectious diseases
that can be prevented by proper immunization, from the standpoint of achieving
the goal for 2000 established
by the World Health Organization.
257. The
overall objectives of the vaccination programme are the following:
To
avoid the consequences of preventable diseases;
To prevent epidemics of
preventable diseases;
To obtain the best possible coverage of the child population, in other words,
make sure that the largest possible number of children
living in Andorra are
protected against diseases that can be prevented by vaccination.
258. As
to triple vaccine coverage, it should be noted that until the first vaccination
programme began in 1988, this vaccine was
neither compulsory nor well known
among the population at large.
259. In 1997, a total of 506 high school
pupils were vaccinated, compared with 611 junior high school pupils.
3. Monitoring vaccination of children in day-care centres
260. The School Health Service systematically
monitors the vaccination of children in daycare centres, pursuant to article 2
(3) of
the regulations on daycare centres (rules for health protection and
disease prevention, Children’s Day-Care Centres Act, adopted
on 11 May
1995).
261. The goal is to make sure that all children in day-care
centres are properly immunized in accordance with the official vaccination
schedule in Andorra.
4. Tuberculosis examination and prevention programme
262. This programme, run by the Information and
Study Service of the Ministry of Health, is carried out in cooperation with the
Servei de Salut Escolar.
263. The overall aim of this programme
is to help cut down the incidence of tuberculosis in Andorra.
264. The
programme is also designed to develop follow-up activities in the event of
tuberculosis infection at school and to conduct
health education and preventive
activities to improve the standard of chemoprophylactic treatment of
children.
265. Priority has been given to teachers and school-age
children.
5. Consulta Jove: a service for promoting responsible
sexuality among young people and adolescents
266. Changes in the
sexual behaviour of the young and the fact that they make little use of the
health services available to them
mean that they can be regarded as a group at
risk, with such consequences as unwanted pregnancy and a high incidence of
sexually
transmitted diseases, such as AIDS. Problems may also arise - physical
or mental or social - that may hinder full development of
their
health.
267. This led in 1993 to the establishment of a special service
for young people and adolescents known as Consulta Jove, as part of the
Health Centres Network. It is fully funded by the Andorran Health Care Service
and the Ministry of Health and Welfare.
268. Consulta Jove has the
following aims:
To provide responses for young people;
To
provide reliable information on affectivity and sexuality;
To reduce the
number of unwanted pregnancies among adolescent girls;
To prevent
sexually transmitted diseases and AIDS;
To facilitate access to health care and to foster the adolescent’s integration and his relationship with the adult world.
269. Consulta Jove’s activities are conducted either with
individuals or groups, in the form of workshops held at schools and on
Consulta Jove premises.
270. Activities with individuals involve
providing targeted information in response to any doubt young people may express
and taking
the requisite measures, where appropriate, to carry out pregnancy
tests and provide health education and information on the various
health
services.
271. Young people are welcomed individually at Consulta
Jove, as couples or in groups, and are received confidentially and free of
charge.
6. Mother and Child Programme (MCP)
272. To improve care for mothers and newborn
children, the Mother and Child Programme (MCP) was introduced in 1993 by the
Andorran
Health Care Service, in cooperation with the Health Centres
Network.
273. The team consists of a midwife working with hospital
midwives.
274. The main objective of MCP is to attend to women whose
pregnancy involves risk, to provide home care for the mother and follow-up
for
the newborn child.
275. The MCP midwife regularly visits all primiparous
women on the eve of their return home. Women who are giving birth for the
second
time or who already have children are also visited in accordance with
established criteria, at the express request of the woman,
her gynaecologist or
the hospital midwife, or whenever deemed necessary.
276. The MCP midwife
then makes one or more visits to the family home or the parish health centre.
In the course of these visits
follow-up is provided for the mother and child
relating in particular to feeding the child, hygienic feeding conditions,
accommodation
and environment, in order to detect possible problems and lessen
the anxiety of first-time mothers.
277. An appointment is then made for
the mother with the baby for other follow-up visits, which are held at the local
health centre.
The baby undergoes a basic neonatal examination, and his or her
weight and size are recorded.
278. Care for women with a pregnancy
involving risk is provided by gynaecologists, the primary-care social services
or other services,
which refer them to the MCP midwife. The number of visits
necessary in each case is then determined. The chief problems encountered
are
those of mothers suffering from hypertension or diabetes, with a likelihood of
premature birth or multiple pregnancy.
279. In 1997, 153 first visits
were made (69 per cent primiparous women and 31 per cent second-time pregnancies
or women with more
than one child).
7. Hospital paediatric service
280. A paediatrician visits newborn children
with no symptoms of disease on the first day and on the day of departure. On
the third
day, an early metabolites detection test is performed. The number of
babies born in 1997 was 697.
281. For outpatient paediatric
consultations, the Andorran Health Care Service has a paediatric consultant and
specialists in paediatric
pneumology, gastroenterology, endocrinology,
nephrology and neonatal pathology. SAAS provides paediatric care for children
under
14 years of age.
8. Mental health service
282. Besides the child protection services
provided by the children’s home and the Foster Care Service, there is a
hospital
mental health service which provides psychotherapy (family
psychotherapy, individual treatment for children and/or adults, alcohol
detoxification treatment, etc.) which is available to all children and
families.
9. Other programmes
283. There are also various programmes to
facilitate social integration: out-of-school activities for the very young; and
a social
and occupational integration programme for adolescents at risk and for
those failing at school, most of whom belong to unstructured
families. The
programme responds to needs identified by the primary-care social
services.
284. Home care is provided in cases where the family stands in need
of professional assistance to restore its internal functioning.
C. Programmes at the Nostra Senyora de Meritxell
special school for disabled children
285. While these
programmes are also of an educational nature, they have been included in the
section on health and welfare because
the integration into school and into
society of children at this school make for a general improvement in their
health and that of
their families.
286. A bill on the protection of the
rights of disabled adults and children is now being prepared.
287. The
Escola especialitzada Nostra Senyora de Meritxell (Our Lady of Meritxell
special school) started in 1972 with the task of promoting the teaching,
education and rehabilitation of all
disabled or disadvantaged children who
cannot follow or continue their education at the same pace as other
children.
288. The Meritxell special school looks out for the future of
children who have reached adolescence, and as far as possible, their
vocational
training and integration into society.
289. To perform this task, the
Meritxell school has gradually broadened its activities to meet its
pupils’ needs and provide
appropriate services for the disabled, from
birth to adulthood. This reflects the changes in philosophy and attitude that
have emerged
in recent years regarding care for the disabled. The new
philosophy lays emphasis on the quality of life and at the same time
acknowledges
that the quest for happiness and health is a basic human
aspiration.
290. Further, the llei qualificada on education
adopted in 1993 establishes in its article 8 that the education of pupils with
special educational needs is to be governed
by the principle of
integration.
291. At the present time the programmes and services,
offered by the Meritxell school which have gradually been developed in
accordance
with these principles, go beyond a narrow school
focus.
292. The Meritxell school is the only establishment supported by
employers to be given a legal personality in terms of its budget
and its own
staff.
1. Health coverage for disabled children
293. Disabled children receive health coverage
through a contribution paid partly by the Our Lady of Meritxell special school
(90
per cent) and partly by the family (10 per cent).
294. Very low
income families may apply for 100 per cent health coverage, which is granted in
most cases. If the need lasts for some
time, the family may apply to the
government social services for financial assistance.
295. Any disabled
child who, on attaining the age of majority, can work as an integrated member of
society receives health coverage
as someone covered by social security. In
addition, the Our Lady of Meritxell special school is financed by public
funds through
two ministries: the Ministry of Health and Welfare (the
Xeridell and Agentas programmes as programmes for integration into
society and working life; the Impuls programme and Albó
residence in the sociohealth sphere) and the Ministry of Education, Youth and
Sport (Edes, Progrés and Trànsit education
projects)
2. Impuls programme
296. “Early” action means care and
education for children from birth up to school age. In the early years of life
the
child learns in the family. However, excessive dependence on this type of
learning can lead to diminished opportunities for interaction
and development of
the child and to difficulties for both the parents and the
child.
297. The application of an individualized programme, family
consciousness-raising and training, the quest for a suitable social environment
and coordination of all these factors are the main challenges faced by the
Impuls early action programme of the Our Lady of Meritxell special
school. Nine children are now covered by this programme.
3. Progrés programme
298. The Progrés special
education programme is concerned with all school-age children unable to
participate in a school curriculum even with support,
in view of their mental
backwardness, behaviour or motor difficulties. Entering in this programme, as
in the case of other programmes,
in no sense means a final decision. Ongoing
evaluation means the child can be followed and, where possible, placed in a more
suitable
programme.
299. At the present time, the Progrés
programme covers two groups of pupils. Nevertheless, it is very difficult to
form homogenous groups, and the differences in the
levels and pathologies of the
pupils often mean that subsequent work programmes cannot be applied
systematically.
300. Groups of pupils receiving special education include
six children with very different but serious problems, ranging in age from
3 1/2 to 14. Individual support is also provided
for 45 children.
4. Supported schooling programme
301. In schools, the principle of integration means
above all that children with problems have the right to learn and to be educated
in an environment that has the fewest possible constraints.
302. The
conditions for entering the supported schooling programme vary, depending on the
children’s experience, the gradual
acceptance of problem children by other
children and teachers in the regular schools, and the availability of support
facilities.
303. New pupils at the school are placed in one or other of
these programmes, depending on their age and level. Thus, all age levels
from 3
to 13, with the exception of the children who are most affected, enter a
supported schooling programme.
5. Trànsit programme
304. This is a guidance and training programme for
disabled persons in the transition to adult life and is intended for children
aged
12 to 16.
305. The Trànsit programme is intended to
make the transition to adult life, and particularly from school to work, as
flexible and autonomous as possible.
Children must be prepared as early as
possible, before 15 years of age, during the period of compulsory secondary
schooling, which
runs from 12 to 16.
306. Under this programme pupils
acquire social skills, education of the mind and the emotions, sex education and
also practical and
functional academic
knowledge.
307. Trànsit also offers a bookbinding and
carpentry workshop, activities which appear to provide suitable conditions for
training in a number
of work skills.
308. Moreover, Trànsit
pupils can attend packaging and silk-screen printing workshops. Apart from
these in-house workshops, the school is in search of
external training periods
in the following: gardening, agriculture, natural resources, distribution and
porterage services, household
services, administration and secretarial work,
health, manufacturing and mechanics.
6. Xeridell programme
309. The school has workshops for silk-screen
printing, packaging and carwashing. The overall aim is to provide adolescents
with
a framework functioning as a pre-workshop, continuous occupation, and
diversified work suited to their abilities. In all, 24 adolescents
were in this
programme in 1997.
7. Agentas programme
310. Agentas is an employment agency that
finds jobs in companies in Andorra for disabled persons aged 18 years and
upwards.
311. The structure of Agentas is similar to that of
Xeridell, but children on the programme are placed with companies by an
agent who liaises between pupils and firms. This makes for close
cooperation
between the private sector and the Our Lady of Meritxell special school. The
programme is widely accepted socially.
8. Albó residence
312. Albó, a socio-health residence,
was opened in 1995 to provide accommodation for disabled people who, because of
their problems and family
situation, cannot live with the family. It is a large
residential establishment with a sports area and it has a special teaching
team
for residents’ daily activities.
313. The Our Lady of Meritxell
special school also has a research and training programme, a physical education
and sports service,
a physiotherapy service and a language
service.
314. The total number of pupils in the Meritxell special school
is 134 and the number of persons living in the Albó residence
stands at 21.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Andorran education system
315. The legislative
framework for education in Andorra consists of the 1993 Constitution, the
llei qualificada on education, the law on development of the
Andorran education system and the agreements on education.
316. Article
20 of the Constitution states that “everyone has the right to education,
which shall foster the dignity and full development of the human personality,
in
respect for freedom and fundamental rights”.
317. The Constitution
also establishes freedom of education and freedom to create educational
institutions. It acknowledges the right of parents to choose
the type of
education for their children and the right, for their children, to a moral or
religious education in keeping with their
own convictions.
318. The 1993
llei qualificada on education does not simply reproduce the rights set
out in the Constitution. It goes much further and establishes the education
system on the basis of the situation in Andorra, namely the coexistence of
different
education systems within one and the same education structure - an
enriching characteristic.
319. The purposes of education as set out in
the law are essentially the development of the pupil’s personality, a
universal
critical mind, independent behaviour, integration, social and civic
participation and a contribution to enriching the cultural development
of
Andorran society. The law stipulates that education should promote subtle and
rich use of the country’s language, the acquisition
of intellectual rigour
and the transmission of scientific, technical, humanist, artistic and ethical
knowledge.
320. The llei qualificada specifies that education must train children
and young people to respect diversity, rights and freedoms, and to practise
tolerance.
The law stipulates free compulsory schooling from 6 to 16 years of
age and establishes that all children have the right to schooling
from the age
of 3. It guarantees the right of adults to basic training, the principle of
equal access to higher levels of education,
freedom of expression for teachers
and the rights of parents and pupils.
321. The law also defines public
and private establishments and stipulates that French and Spanish educational
institutions falling
under the French and Spanish administrations
(Sant Ermengol junior high school and the Sagrada Familia schools) must be
regulated
by an agreement with the Andorran Government.
322. To that end,
as it was preparing the llei qualificada on education, the Government
signed agreements with both Spain and France on teaching in Andorra: the
Hispano-Andorran Convention
on Education, signed on 11 January 1993, and
the Franco-Andorran Convention, signed on 19 March 1993. They affirm the
readiness
of Spain and France to continue to contribute to a public service in
Andorra through quality education - Spanish or French - with
respect for
Andorra’s identity. The two education systems are governed by the
legislation in force in the respective States
and by the agreements signed with
the Andorran Government.
323. These conventions provide for the
recognition and accreditation of studies and of the diplomas issued by the
administration concerned.
324. The law on development of the Andorran
education system, adopted in June 1994, is another llei qualificada on
education which defines and regulates the general framework for education in
Andorra.
325. The main aims of this law are to affirm and develop the
Andorran education system as the mainstay of education in Andorra and
set out
the Government’s responsibilities in regard to education, namely, to draw
up curricula, plan investments, evaluate
the education system, regulate and
administer the rights and duties of staff, award academic diplomas, prepare
tables of equivalency,
and deal with any matter pertaining to the law.
326. This law also places special emphasis on a knowledge of several
languages and on an open attitude to universal culture, the integration
of
pupils with special needs, the participation of all sectors of the education
community and the requisite coordination and collaboration
between the Andorran
education system and the systems in the neighbouring countries. The law defines
the conditions and characteristics
of the Andorran education system as well as
the levels of education (nursery schools, basic schooling, baccalaureate,
vocational
training, higher education, ongoing adult education, Andorran
training and special education).
327. One of the features of the Andorran
education system is the attention paid to language issues. In this connection,
it should
be emphasized that Andorran schools are multilingual.
328. With regard to special education, the law provides for an agreement,
which was signed in December 1995, with the governing board
of the Our Lady of
Meritxell special school. The Government has thus adopted and incorporated in
the Andorran education system two
programmes in the Meritxell special school:
Progrés (supported schooling programme from nursery school to
primary education) and Trànsit (supported schooling programme for
secondary education and occupational training and the transition to adult
life).
B. Overall aims of education
329. Andorra has a plural education system,
consisting of establishments that follow the Andorran system and establishments
that follow
the Spanish and French systems, which are recognized through
agreements. Each of these systems follows the programme and the curricula
established by the Ministry of Education of the country
concerned.
330. Under the legislation on education, the main aims of the
Andorran system are the following:
To foster the personal development of pupils in the special framework of Andorra’s culture and identity;
To help promote and enrich the cultural elements specific to Andorra’s society by endeavouring to respond satisfactorily to its needs and thus allow pupils to acquire the requisite ability to become active members of Andorran society and agents for cultural creation and change;
To ensure in secondary education that the increasingly active participation of pupils in the process of cultural change and creation is a priority aim and therefore forms part of curricula by paying special attention to development of the capacity for social action and integration;
To make sure that, on the basis of more scientific and technological reasoning, students at the baccalaureate level are in a position to critically evaluate the development of humanity and society and reject any kind of discriminatory attitude or conduct;
To foster as a first language (the fundamental instrument of culture) the country’s official language and to set the priority objective of a full command and proper use by pupils of oral and written Catalan;
To act as an open system mindful of the fact that its contribution to the development of pupils cannot be made in terms of exclusiveness. For this reason, the aim is to establish and develop relations with other cultural and educational institutions in Andorra and to coordinate educational activity with them;
To encourage a universal view among pupils and, to that end, pay special attention to the acquisition of knowledge which, by its nature and universality, is indispensable to lucid development in the world today and constitutes the basis for acquiring further knowledge;
To act as an open system that does not favour Andorra’s specificities and identity by excluding or opposing other national or cultural identities but, on the contrary, maintains close ties with them while ensuring harmonious integration of specific, different elements with shared, universal elements as an ideal in educating pupils;
To establish and foster coordination with the education systems that exist in the country and form part of Andorra’s educational structure;
To ensure, by the end of compulsory education, that pupils have gained a proper command of Catalan, French and Spanish and a knowledge of a fourth language (English);
To operate as an active system, with activities that are a systematic and planned aid in the process of building and acquiring knowledge in the course of the pupil’s personal development;
To place individualized education at the core of its methodology. From this standpoint, one of the basic aims is for all pupils to achieve the goals set out in curricula by suitable planning of pedagogical assistance;
To supplement diversified teaching in secondary education by introducing optional subjects which, without prejudice to the principle of varied and inclusive education, allow the diversity of interests, motivations and abilities of the pupils to be satisfied more fully;
To regard itself as a system that favours integration, in the sense that it clearly rejects the standard education/special education dichotomy, in the belief that the special educational difficulties experienced by some pupils in embarking on the standard curriculum should be overcome by adapting teaching to those needs.
331. Andorra’s education system is organized, as stipulated by law,
in levels and school cycles. For each level there is a
curriculum which
provides specific information on the purposes of school education, on what
pupils must learn and on what they must
be taught. The curriculum also contains
proposals and suggestions regarding the pedagogical approach to be followed to
attain those
objectives.
332. The French education system is based on the
principles established in French law, essentially those defined in the Education
Act of July 1989 and subsequent decrees, which set out the major education
policies. French law defines education as a national priority
and sets a
10-year objective for a recognized level of education for all pupils, with 80
per cent of them at the baccalaureate
level.
333. The aims of the French education system, which, according to the
Education Act (arts. 1 and 4) “is designed and organized in terms of
the pupils and students”, are as follows:
Each young person should gradually build on his or her learning;
Each young person should achieve a recognized level (vocational certificate at least);
Four pupils out of five should reach the baccalaureate level;
Everyone with a baccalaureate or the equivalent should, when he or she so requests, be allowed to continue with higher studies;
Education should be open, in terms of method and content, to international cooperation and the construction of Europe.
334. The Spanish education system is currently being reformed through the
application of the Organizational Act on the Education System
(LOGSE) of October
1990. This law provides for extended, compulsory and free basic education up to
16 years of age and the reorganization
of the various levels in the Spanish
education system, for which it establishes new aims.
335. The main aim
of the Act is to ensure high-calibre education by modernization of educational
institutions, enhancement of the
status of teachers and participation by all
constituent elements of the education community. It emphasizes the
qualifications and
training of teaching personnel, guidance, programming,
innovation and educational methods, academic and vocational guidance and
mechanisms
for inspection and evaluation of the system. The implementation of
the Act signifies, without any doubt, a re-examination of teaching
and the
internal reorganization of schools. The Act defines the educational path to be
followed and establishes the abilities to
be developed by the pupil at every
stage.
336. The aims of the Spanish education system are as
follows:
Full development of the pupil’s personality;
Instruction in respect for fundamental rights and freedoms, the practice of tolerance and freedom and the democratic principles of coexistence;
The acquisition of intellectual and working habits as well as scientific, technical, humanist, historical and aesthetic knowledge;
The acquisition of qualifications to engage in a professional activity;
Instruction in respect for Spain’s linguistic and cultural plurality;
Preparation for participation in social and cultural life;
Instruction in peace, cooperation and solidarity among peoples.
337. Designed under the education policies of Spain and France
respectively, the Spanish and French education systems are integrated
in
Andorra’s through agreements signed with those two countries, and
particularly through the provisions on the study of the
Catalan language,
history, geography and Andorra’s institutions, which are the foundation of
the country’s identity.
338. The three education systems are
reciprocally approved, which makes for easy access to higher education in
Andorra, Spain or France
for pupils with one of the three
baccalaureates.
339. As to financing, the Government meets all the cost
of the schools in the Andorran education system and all the cost of religious
schools in the Spanish system. Public expenditures on education accounted for
15 per cent of the national budget for the 1997 financial
year.
340. Moreover, the contribution by the neighbouring countries,
essentially with regard to the cost of teaching personnel, has to be
borne in
mind. Accordingly, the investment in education is even higher.
C. Education support and school services
341. The Ministry of Education, Youth and Sport has
a number of services which perform their duties in the Andorran education system
in accordance with the terms established by law: the Education Inspection and
Evaluation Service, the Guidance and Educational Psychology
Service and the
Teaching Training, Educational Innovation and Research and Resources
Service.
342. It should also be emphasized that, in addition to a broad
choice of education, children in Andorra have an entire range of school
aids and
services at their disposal.
1. School Transport Service
343. This Service comes under regulations approved
in 1993 by the Government and parents’ associations. Transport is
provided
every day for more than 4,000 pupils at all the country’s
schools. The Service also provides transport for cultural and sports
activities
in the Principality.
2. School Skiing Service
344. This Service comes under regulations dating
from 1993 which establish that skiing is an integral part of physical education
in
curricula at Andorran educational institutions.
345. Skiing is
compulsory during the second term of the school year for all students in primary
education and optional for all those
in secondary education. Where necessary,
the Service provides the requisite equipment for pupils on demand. This
physical exercise,
carried out in cooperation with ski resorts and schools, is
engaged in by more than 6,000 pupils. The Service also offers pupils,
during
the first and third terms of the school year, without any obligation, an
opportunity to do ice skating or swimming, activities
carried out by a thousand
pupils in basic education institutions.
346. The school services are all free of charge for pupils living in the
Principality. A modest contribution is required of families
for activities that
are regarded as extracurricular, namely, transport, canteen and the ski pass.
Parents with difficulties in meeting
the cost of outofschool activities may
apply to the appropriate services.
347. Since the entry into force of the
Scholarships and Study Credits Act, adopted by Consell General in
November 1992, the Pupils’ and Students’ Aid Service has given
scholarships and has defrayed the costs of out-of-school
services for pupils in
need, from nursery school to the baccalaureate level. Scholarships are also
given to students in vocational
training and in the first and second year of
university, in the light of their performance. Study credits are also given to
finalyear
undergraduate and postgraduate students at university. Pursuant to
the Act, the Government publishes the scales and amounts granted.
It is also
possible to apply for a second scholarship, which is incompatible with a
study credit, in an amount that varies depending
on need, the studies involved
and the results obtained. These scholarships cover the costs of registration,
accommodation and materials.
3. Measures to encourage regular school attendance
348. It is worth pointing out that there is no
school absenteeism in Andorra, thanks to important formal and informal checks,
helped
by the fact that the country is quite small.
349. With reference
to formal checks during compulsory education, school headmasters report cases of
absenteeism to the Ministry of
Education, Youth and Sport. Through the
government services and, where necessary, with the cooperation of NGOs, an
individual followup
is designed to provide a suitable solution.
350. In
March 1997 the Government established a commission to implement the
llei qualificada on education in regard to school absenteeism. The
commission is headed by the Ministry of Education, Youth and Sport. The
Ministry
of the Interior and the Ministry of Health and Welfare are represented
on the commission, with a representative of the education
system
involved.
IX. EDUCATIONAL GUIDANCE
A. Educational guidance in the Andorran education system
351. Every
school has an information and guidance facility for pupils, with full and
up-to-date documentation on training and occupations.
The educational
psychologist responsible for guidance participates, in close cooperation with
the teacher, in preparing and producing
the pupil’s personal plan and
helping him or her in his or her choice. The documentation is essentially from
specialized Spanish
and French organizations. All pupils, regardless of level,
may consult this information when they so wish, or at times agreed upon
with the
educational psychologist. Information days for pupils are held with the
participation of former pupils, and pupils can
also take part in education
assemblies, open houses, and conferences organized by Catalan, Spanish or French
universities.
352. The educational psychologist, in individual interviews
with pupils and parents, provides suitable information tailored to the
specific
circumstances of each pupil or student.
B. Educational guidance in the French education system
353. At the nursery
school and primary school levels, the class teachers are responsible for
guidance. In junior high and high schools,
there is one teacher per group or
class, the “main teacher”, who attends to the group or
individual.
354. Each school has an information and guidance centre. The
centres have full and uptodate documentation on academic training and
on
occupations. Psychologist counsellors take part in preparing and producing
personal plans for students.
355. The documentation comes from the French
National Information Office on Education and Occupations.
356. The
material is in both printed and audio-visual form. Pupils may also take part in
information days, education round tables
and conferences organized by the French
universities of Perpignan and Toulouse.
357. The psychologist counsellor
organizes class talks on guidance. The most commonly used material for
collecting information are
the guidance forms filled in by the pupils and their
families.
C. Educational guidance in the Spanish education system
358. At the nursery and
primary school levels, teachers are responsible for guiding their pupils. In
secondary education and at the
baccalaureate level, there is a system whereby
the teacher is given responsibility for groups of classes. Over and above a
particular
number of class groups, schools consider establishing a guidance
department using a counsellor with training in educational psychology.
359. The counsellor’s duties are to structure, plan, support and
coordinate guidance. There is no educational psychologist
exclusively for
secondary education, but in the second year of high school a teacher with
psychological training advises class guidance
tutors.
360. Information
meetings are held with former pupils. Pupils take part in teaching
round tables and days set aside for guidance.
361. At the end of
compulsory basic education, young people in Andorra have three options,
depending on the courses followed, their
own potential and their aims for the
future: to pursue their studies up to the baccalaureate level, to learn a trade
through vocational
training or move directly into the labour market. The option
chosen by the pupil generally depends on his schooling and the educational
guidance he has received.
X. VOCATIONAL TRAINING
362. The Vocational
Training Act, adopted in August 1996, seeks, through apprenticeship,
to ensure high calibre vocational training
to meet present and future
challenges in the various sectors of the economy and to open up the way for
young persons when they think
about their future. Vocational training makes for
a better balance of the needs of the labour market and the qualifications of
young
people.
363. There are two ways to obtain vocational training:
training in the school environment, which is traditional in Andorra, and
apprenticeship
with a firm, developed in cooperation with Andorra’s
Chamber of Commerce, Industry and Services.
364. The National Vocational
Training Commission now coordinates the types of training chosen: they must
complement one another and
be suited to the country’s socio-economic
needs, for the purpose of better incorporation in the labour
market.
365. Vocational training in schools provides different choices
and levels, depending on the education system.
366. The Andorran
Education System offers computer training at the Andorran Computer School and
training for sports technicians at
the Training School for Sports and Mountain
Professions. In the business environment, students can follow courses on the
car trade,
the hotel trade (waiters) and commerce (sales) at the
Apprentices’ Training Centre.
367. The French education system
offers the following choices: management (in French), electrical engineering
and hotel trade, all
at the Comtes de Foix High School.
368. The Spanish
education system provides training in administration (in Catalan) at the Janer
junior high school.
XI. LEISURE AND CULTURAL ACTIVITIES
A. Cultural Activities Service of the Ministry of Education, Youth and Sport
369. In
the course of the school year this Service organizes a number of activities for
all pupils in the Principality schools. The
activities, which are always
conducted in the context of a common educational project for the country’s
children, are carried
out essentially in Catalan and usually involve theatre
performances, singing or music. At the same time, literary meetings are held
with Catalan, French or Spanish writers in order for Andorran schoolchildren to
gain a better acquaintance with the literary works
they are
studying.
370. A wide range of activities is available: photography,
poetry or research competitions arranged by European institutions, or
exhibitions of paintings, theatre performances and mathematics competitions
arranged by the Ministries of Education of France and
Spain through their
embassies.
B. Cultural activities by the comuns
371. The llei
qualificada on the transfer of budgetary resources to the comuns,
adopted on 4 May 1993, stipulates (title II, art. 7) that each
comú may assign up to 15 per cent of the amount transferred to
finance sports, cultural, social and leisure activities. The comuns
organize the following: communal nursery schools in three parishes, libraries,
children’s playgrounds, community centres,
holiday crèches,
out-of-school sports activities, games libraries.
372. The comuns
play a significant role in organizing out-of-school activities, both cultural
and leisure activities, and especially artistic, notably
musical, studies, as
well as leisure activities during school holidays. Besides initiatives by the
Government and the comuns, private institutions, banks and foundations
offer a wide range of cultural activities for young children and
teenagers.
373. Out-of-school activities involve workshops and schools
with the emphasis on culture and sport. They include arts schools, theatre
workshops, workshops on the country’s traditions and culture, and
football, tennis and swimming.
374. Information on cultural and sports
activities organized by the comuns is contained in the annex. There is
also information relating to public daycare centres, libraries for adults and
children, and
the latest activities for teenagers and young people, these being
gradually taken over by the parishes.
375. Sports facilities are quite
sizeable and are to be found in all the parishes: sports centres, swimming
pools, playing fields,
etc.
376. In addition to their assistance to
pupils and families in need of special support, NGOs in Andorra have recently
collaborated
in providing teacher training, school equipment and support at
school for pupils from families with social difficulties and integration
problems.
C. Cultural and educational activities organized by the private sector
377. These activities are
conducted by private bodies - daycare facilities (see the annex for the number
of children in private daycare
centres and the geographical breakdown), holiday
and summer camps, school support classes, etc. They are organized by local
NGOs,
such as AINA, Causes Pies (Massana church), GeL (an organization for young
people subsidized by the local authorities of Sant Julià
de Lòria)
and Caritas, which works both locally and nationally and provides school support
for the children of poor families
that have recently come to live in the
Principality.
378. The popular Canillo camps started in 1970, filling the
gap left by the closure of the camps previously organized by the Consell
General. In 1979, the International Year of the Child, the project to
establish AINA (a holiday camp organization with an acronym for the
International Year of the Child in Andorra) started up with the financial
backing of the comuns and the Government. AINA has been very much in the
lead in promoting the rights of the child in Andorra.
379. Every summer,
AINA offers summer camp programmes in which 96 children
from 7 to 11 and 48 adolescents from 12 to 14 have taken
part,
together with two other camps with 20 teenagers from 15 to 17. Throughout the
year, AINA also provides ongoing training for
its junior guides and ski
instructors aged 15 to 17.
380. AINA’s aims are to work for the
country, to foster community life among children and young people throughout the
country,
to promote sport, particularly trekking and cross-country skiing, and
to awaken creativeness through workshops and evening
activities.
381. Another of AINA’s aims is to foster community life
among the team of guides and instructors, consisting of trained young
people and
adolescents from all the schools and leisure centres in Andorra.
XII. EDUCATION IN CONSUMERISM
382. The Andorran
Consumer Association, established in 1994, publishes a monthly information
bulletin for consumers. Articles have
appeared in two bulletins on the use of
toys, safety rules and sexism. The Association has also taken part in various
media events
on these issues, particularly at Christmas. In 1998 the
Association made a number of televised appeals.
XIII. SPECIAL PROTECTION MEASURES
A. Administration of juvenile justice
383. The Andorran
Penal Code, in force since 1 September 1990, has set the age of criminal
responsibility at 16 (art. 19), an age
previously considered as one at which
someone could not be charged. Article 22 of the Code establishes that minors
who have committed
a criminal violation shall be brought before the Tribunal
de Corts.
384. The batlles, the Tribunal de Corts and
the Tribunal Superior de la Justícia all exercise jurisdiction. A
special batlle for issues relating to children and the family is to be
appointed shortly.
385. Until the publication on 7 January 1999 of the
new Code of Penal Procedure, there was a procedure (arts. 302 to 306) whereby
the Tribunal de Corts could, for lesser offences, delegate its
jurisdiction over minors to the Tribunal de Batlles, which, without
publicity and informally, brought together the Public Prosecutor’s Office
and a lawyer, listened to the child,
heard the evidence, and ordered
re-education or supervision measures, in the light more of the child’s
intellectual, mental
and social development than of the offence committed. The
orders could be appealed in a higher court.
386. Article 273 of the
present Code of Penal Procedure establishes that “the procedure for
judging minors shall be regulated
by the corresponding special
laws”.
387. The draft of the llei qualificada concerning minors will regulate
the guarantees under the Constitution and the provisions of article 40 of the
Convention on the Rights of the Child, which deals not only with matters
relating to protection
but also with concrete educational, corrective and
coercive measures applicable to minors who have committed an
offence.
388. Until the law is adopted and pursuant to the criminal law
in force, a minor under 16 years of age cannot be imprisoned. Furthermore,
the
Penal Code establishes (arts. 23 and 53) mitigating circumstances regarding
criminal responsibility when the guilty person is
21 or 18 years of age,
since his or her physical, emotional and intellectual maturity would not render
him or her responsible, and
provides for sentencing designed to prevent contact
with offenders if the sentence involves imprisonment (for example a suspended
sentence subject to such conditions as work, not going out at night or not
frequenting certain public places).
B. Death penalty
389. Article 8 of the
Constitution expressly prohibits the death penalty and torture or cruel, inhuman
or degrading treatment or punishment. It will be noted that,
previously, the
death penalty was not included in the Penal Code and it was therefore impossible
to apply it, since it had not been
defined in accordance with legal
principles.
390. Life imprisonment does not exist, and the maximum term
for a serious offence is 30 years.
C. Exploitation and sexual abuse
391. The Penal Code
specifies cases in which the rights of children are prejudiced or infringed.
These legal precepts, designed essentially
to protect a minor,
are:
(a) Abandonment (art. 175);
(b) Corruption (arts. 112 et
seq.);
(c) Exploitation (art. 320);
(d) Custody, supervision
and maintenance payments (art. 323).
392. Under article 164 of the Penal
Code, offences relating to drug trafficking and use and to sexual
behaviour, especially when the
victim is a minor, involve a maximum term of
imprisonment of 10 years.
393. The sentence is heavier when the
trafficking or selling of drugs, even in small quantities, involves minors under
the age of
18 or legally incompetent persons or when dealing in drugs takes
place in establishments frequented by minors. In the case of larger
quantities
of drugs, the term of imprisonment may be for up to 20 years.
394. Under
articles 214 and 215 of the Penal Code, a maximum term of imprisonment
of 10 years is imposed on persons who encourage,
facilitate or foster
the prostitution of minors or benefit from any form of
prostitution.
395. Articles 204 et seq. of the Penal Code
stipulate that sexual offences, when committed against minors under 14 years of
age, constitute offences irrespective
of the consent of the minor. Protection
is also afforded minors aged 14 to 16, and the penalty is heavier in the case of
ascendants.
Furthermore, the courts may deprive parents of their parental
authority or guardianship.
396. Article 213 of the Penal Code describes,
in paragraph 1, the offence of pornography in general terms and, in paragraph 2,
stipulates
that the offence is aggravated when it is committed against minors.
The article does not specify either the means of communication
or the methods
whereby the offence is committed and, consequently, does not rule out electronic
networks.
D. Sale, trafficking and abduction of children
397. The Penal Code
punishes the sale, trafficking and abduction of children and also specifies that
simulated pregnancy and usurpation
of the identity of a child are offences (art.
325).
398. To date, there is no case law on such offences.
E. Children and justice: offences committed in Andorra
399. The data for the
period since 1994 show that, although the problem of juvenile delinquency does
exist in the Principality, the
offences committed are not, by and large, of the
same importance nor do they cause the same concern as in other countries. A
significant
increase in this kind of offence is, however, to be
noted.
400. In the 1996-1997 judicial year, a total of 1,606 criminal
cases were brought, including 16 (i.e. 1 per cent) in courts for
minors.
401. In these 16 cases, 32 persons were charged (i.e. 2.7 per
cent).
402. The offences committed were chiefly offences against the
individual and against property.
403. In the 1997-1998 judicial year,
criminal cases totalled 1,714, including 23 (i.e. 1.3 per cent)
in courts for minors.
404. In these 23 cases, 46 persons were charged
(i.e. 3.5 per cent).
405. The figures show an increase in the number of
offences against individuals and against the general interest, whereas offences
against property remain the same.
F. Children belonging to ethnic minorities
406. Despite the quite
particular structure of Andorra’s population, which has four major
nationalities (Spanish, Andorran,
French and Portuguese), the number of children
belonging to ethnic minorities is negligible. There are two or three gypsy
families
in the country and their cultural integration poses no
problems.
407. Nevertheless, it is worth pointing to the cultural
characteristics of children from Moroccan families or from families that have
experienced a twofold process of immigration, as in the case of
Angolans.
408. These children receive the same treatment as do other
children and there is no special programme of affirmative action for them,
either in schools or in the social context.
409. The teachers in the
various education systems have received training in cultural
diversity:
(a) In 1997, in the teacher training summer school organized
by the Ministry of Education, Youth and Sport, a training programme
on
intercultural relations was organized, sponsored by the Andorran Committee for
UNICEF in collaboration with the Andorran National
Commission for
UNESCO;
(b) Seminars for teachers in the various education systems were
held on questions such as cultural diversity, cultural mediation
and conflict
resolution.
410. The training courses, like the seminars, were well
received by teachers, who expressed a wish for them to be continued.
Notes
[1] Constitution, art. 85, and llei qualificada on the judicial system, arts. 1 and 2.
[2] Llei qualificada on the judicial system, arts. 20-22.
[3] Ibid., art. 93.2.
[4] Ibid., arts. 47 and 48.
[5] Ibid., arts. 52 and 53.
[6] Ibid., arts. 56 and 57.
[7] Preamble and art. 1 of
the Public Prosecutor’s Office Act of 12 December 1996.
8 Constitution, arts.
95-103.
9 Ibid., art.
39.1.
10 Ibid., art. 8.1.
11
Ibid., art. 8.2
12 Ibid., art.
8.3.
13 Ibid., art. 9.
[14] Ibid., art.
10.1.
15 Ibid., art. 10.2.
16
Ibid., art. 11.
17 Ibid., art.
12.
18 Ibid., art. 14.
19
Ibid., art. 15.
20 Ibid., art.
16.
21 Ibid., art. 17.
[22] Ibid., art.
18.
23 Ibid., art. 19.
24
Ibid., art. 20.1.
25 Ibid., art.
20.2.
26 Ibid., art. 20.3.
[27] Ibid., art.
21.
28 Ibid., art.
23.
29 Ibid., art.
24.
30 Ibid., art. 25.
31
Ibid., art. 26.
32 Instituted under article 41.1 of
the Constitution and governed by articles 15 and 18 of the transitional law on
judicial procedure of 21 December 1993.
33
Constitution, art. 102.
34 Ibid., title
IX.
35 Published in the Butlletí del Consell
General (Bulletin of the Consell General), No. 11/98, 12 May
1998.
36 Constitution, art.
5.
37 Ibid, art. 64.1 (d).
38
Ibid., art. 3.4.
39 Llei qualificada on the
Tribunal Constitucional, arts. 1 and 2.
[40] Ibid., arts. 86 and 87.
[41] Law on age of majority and political rights, 7 September 1995, art. 1.
[42] Constitution art. 24, and llei qualificada on the electoral and referendum systems, 3 September 1993 arts. 1 and 15.
[43] Penal Code, art. 19.1.
[44] Llei qualificada on education, 3 September 1993, art. 7.
[45] Labour regulations, art. 31.
[46] Ibid., art. 32.
[47] Ibid., art. 33.
[48] Ibid., arts. 32 and
33.
[49] Ibid., art. 34.
[50] Llei qualificada on marriage, 30 June 1995, arts. 18 and 20.
[51] This is a matter governed by ordinary law, as amended by constitutional principles (author’s view).
[52] Llei qualificada on nationality, art. 34.
[53] Llei qualificada on marriage, art. 53.
[54] Llei qualificada on adodption and other forms of protection of abandoned minors, arts. 9 and 17.
[55] Penal Code, arts. 204, 205, 206, and 209.
[56] Ibid., arts. 207 and 208.
[57] Ibid., art. 53.
[58] Ibid., art. 19.
[59] Decree of Viguiers, 12 December 1990, art. 1.
[60] Constitution, art. 6.
[61] Penal Code, art. 313.
[62] Constitution, art. 13.1.
[63] Ibid., art. 39.1.
[64] Administrative Code, art. 21.
[65] Instrument of accession of 28 October 1996.
[66] Explicitly in articles 53 and 56, implicitly in the remaining articles.
[67] Andorra does not have a normative body of civil law but, rather, is essentially governed by ordinary law, which judicial doctrine has defined as that law resulting from the integration of Roman and canon law, but not in the sense of a full and exact application of those two corpora juris, but as a new body of law, of which the principal base is the written reason of Roman law, modified by the greater equity of canon law, in accordance with indigenous law as amended by custom (transcription of the reasons in a decision by an appeals judge, 8 July 1954, cited in several subsequent judgements).
[68] Public Prosecutor’s Office Act, 12 December 1996, art. 3, para. 10.
[69] Constitution, art. 8.
[70] Ibid., art. 30.
[71] Ibid., art. 20.1.
[72] Llei qualificada on adoption and other forms of protection of abandoned minors, arts. 9 and 17.
[73] Regulations on participation in school management in Andorra, arts. 8 and 9.
[74] Arts. 4 and 5.
[75] Arts. 5763.
[76] Arts. 6467.
[77] Art. 325.
[78] Penal Code, art. 12.
[79] Constitution, art. 12.
[80] Ibid., art. 11.
[81] Ibid., art. 11.3.
[82] Ibid., arts. 16 and 17.
[83] Ibid., art. 14.
[84] Ibid., art. 8.2.
[85] Ibid., art. 8.3.
[86] Penal Code, art. 7.
[87] Art. 1.
[88] Art.
10.
[89] Art. 1.1.
[90] Llei qualificada on adoption and other forms of protection of abandoned minors, arts. 27 and 28.
[91] Ibid., art. 38.
[92] Llei qualificada on marriage, arts. 52 and 54.
[93] Ibid, art.
323.
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