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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/65/Add.12 15 March 2001 ENGLISH Original : SPANISH |
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Periodic reports
of States parties due in 1997
PARAGUAY *
**
[12 October
1998]
________________________
* For the initial report of Paraguay, see documents CRC/C/3/Add.22 and
CRC/C/3/Add.47; for its consideration by the Committee,
see documents
CRC/C/SR.167, 168 and 385.
** The annexes may be consulted in the
secretariat files.
GE.01-41013
Contents
Paragraphs Page
INTRODUCTION 1 - 74 3
I. GENERAL MEASURES OF
IMPLEMENTATION 75 – 170 13
II. DEFINITION OF THE CHILD 171
– 228 34
III. GENERAL PRINCIPLES 229 –
320 43
IV. CIVIL RIGHTS AND FREEDOMS 321 –
427 56
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 428 –
624 70
VI. BASIC HEALTH AND WELFARE 625 –
809 106
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 810
– 964 160
VIII, SPECIAL PROTECTION MEASURES 965 –
1304 187
INTRODUCTION
1. The country
1.1 The political
background
1. Paraguay, an independent and unitary country in South
America, has an area of 406,752 square kilometres and a population of about
five million.
2. The State is organized on the basis of an Executive
headed by a President of the Republic elected by direct ballot for a term five
years, a Legislature (the National Congress) consisting of
a 45-member
Chamber of Senators and an 80-member Chamber of Deputies, and a Judiciary
consisting of the Supreme Court of Justice and
the courts established by
law.
3. On 3 February 1989, after 35 years of military dictatorship,
Paraguay began a democratic process which brought with it unprecedented
and
rapid structural changes.
4. The National Constitution, adopted on 20
June 1992, establishes a democratic and social State subject to the rule of law,
with pluralist participation and
political and administrative decentralization.
Citizens enjoy the basic political and civil rights, including the freedoms of
expression,
the press and assembly; the restructuring of the political system
has delivered free elections; the armed forces are being placed
on an
institutional footing; and the country is resuming its place in the community of
nations, being a member of the Common Market
of the Southern Cone (MERCOSUR) and
of various other regional bodies such as the Rio Group.
5. The new
structure of the Supreme Court of Justice, following the entry into force of the
Council of the Magistrature Act, has produced
an independent and pluralist
Judiciary. This new Judiciary offers the possibility of a much more real and
credible assertion of
rights.
6. Special mention must be made of the
Office of the Comptroller-General of the Republic, which does important work in
the fight against
impunity and corruption, deeply rooted features of the
structure of the State and of society.
7. Where the improvement of
services is concerned, the restructuring of the State, although slow and only
partially implemented, has
led to the introduction of programmes for the
rationalization of procurement and human resources management, and of a new
budgetary
classification method and an integrated national accounts
system.
8. In recent years Paraguay has made major progress in its
juridical framework, both with the new Constitution, regarded as one of the
continent's most modern and progressive, and with the production of legislation
and key codes, such as the
Labour Code, the Civil Code, the Electoral Code, the
Criminal Code, and the Code of Criminal Procedure. In the case of the rights
of
the child, Paraguay has recently passed an Adoption Act, which is now under
study in the Chamber of Senators, and a Juvenile Code.
The exercise of the
rights of the child[1] is not a matter
solely of the capacity of the State to embody these rights in legislation; it
also means giving effect to this legislation
through supervision and
controls.
9. In addition, since 1995 Paraguay has been carrying out, with
the support of the Inter-American Development Bank, its project for
the
consolidation of democratic institutions. The aim of this project is to
strengthen the relations between the three powers of
the State in the
coordination of strategic reforms.
10. Departmental development councils
have been set up in order to encourage popular participation and initiatives in
support of the
local governments.
11. The political changes have brought
about economic changes. Although some structural problems persist (for example,
tax evasion
and the fragility of the financial system), between 1992 and 1997
inflation was kept under control, exchange rates were unified,
the public
deficit and the foreign debt were reduced, interest rates were decontrolled, and
per capita GDP was increased.
12. Paraguay occupies 85th place among the
developing countries in the Human Development Index classification. The country
has only
recently recognized the problem of poverty as a political problem. A
World Bank study shows that 17% of the population lives below
the poverty line,
a figure rising to 51% in rural
areas.[2]
13. The Secretariat
for Social Action was created in 1994 in an effort to respond to this challenge,
and 1996 saw the formulation
of the Strategic Plan for Social
Action.[3]
14. On the
international stage, Paraguay is a Member of the United Nations, the World Trade
Organization, MERCOSUR, the Latin American
Integration Association, and the Free
Trade Area of the Americas, and it has signed agreements at the various world
summits.
15. Where health is concerned, the Government adopted Act
No. 1032/96 on the National Health System, which entrusts to the Ministry
of Public Health and Social Welfare the function of coordinating health policy
and creates a network for the decentralization of
care and services based on
departmental and district health councils.
16. This context has also seen
the introduction of the "healthy townships" scheme, under which the lead groups
are structured to include
in some cases the participation of the Health
Secretariat through the departmental and district councils and in others the
participation
of the local mayors and town councils.
17. A far-reaching
Education Reform has been under way since 1995; it aims both to improve
standards and increase access to education
in all sectors and to modernize the
administrative structure. This policy embodies one of the national targets for
upgrading the
country's human resources and one of the goals of the
democratization process.
18. The Education Reform has begun to
decentralize the administrative system in order to improve its efficiency and
effectiveness.
Although no substantial changes can be recorded in the
indicators of the system's functioning in the initial stages of this process,
it
is important to note the possible improvements that may result from the
education promotion and awareness campaigns, especially
with regard to teaching
in the pupil's official mother tongue and the extension of the duration of basic
education to nine years.
19. Characteristic of the poor performance in
primary education are the low retention rates, mainly in the first three grades
and
at the end of the primary cycle, and the high rates of drop-outs and
repeated years, which vary throughout the cycle. These problems
will be the
most difficult to overcome, for success will require both improvement of the
educational variables, such as basic infrastructure,
supply of teaching
materials, and training of teachers, and improvement of the non-educational
variables, such as the quality of
children's diet, the support for schooling
provided by the family, the supply of equipment, learning conditions outside
school, etc.
20. The main axis of the new legal framework designed to
support the Education Reform is the new General Education Act, which regulates
the innovations introduced in the 1992 Constitution. The Act establishes the
criteria of comprehensiveness and permanence within the framework of a
community's culture, including the
following objectives:
(a) strengthening of pre-primary education;
(b) eradication of illiteracy;
(c) work training with a view to improving technical and vocational
education;
(d) non-discrimination in education;
(e) freedom of education;
(f) the right to religious education
and to ideological pluralism in education as means of eliminating discriminatory
and authoritarian
practices that have been features of the curriculum over the
last 50 years;
(g) assignment of responsibility first to society as a
whole and then to the family, the municipality and the State, and the State's
responsibility to promote programmes on food supplements and provision of school
materials for poor children;
(h) nine years of compulsory free basic education;
(i) the
participation of the education community in the organization of the education
system -public, private, in-school and out-of-school;
(j) the
obligation to ensure teaching in the pupil's official mother tongue and
instruction in the country's two official languages;
(k) promotion of technical education;
(l) promotion of sports; and
(m) a minimum budget of not less than
20% of the total budget allocated to the central
administration.
1.2 The economic background
21. The
economic model of the 1970s and 1980s, based on the expansion of the farming
frontier, mainly eastwards, and on big investments
in hydroelectric works, which
gave a powerful boost to the construction sector, went into decline from the
early 1980s, a decline
which worsened until the institutional changes of
1989.
22. The economic structure of agriculture was excessively dependent
on only two products (soya and cotton); industry and construction
were
stagnating; and there was a damaging increase in informal trade with
neighbouring countries.
23. In the public sector the State was taking
action in areas belonging to the private sector, mainly through public
enterprises;
revenue collection declined owing to the obsolete and poorly
structured taxation system; fiscal deficits occurred; social expenditure
and
investment fell; current expenditure rose; and large arrears accumulated in the
external debt. The result was a deterioration
in the country's social
conditions, mainly in areas such as health, education and housing.
24. In
the external sector the lengthy reign of the growth model based on the export of
raw materials caused a deterioration in the
balance of payments and rapid growth
of informal trade and unrecorded transactions.
25. Lastly, the monetary
and financial sector was inefficient, oligopolistic and secretive. Negative
interest rates discouraged saving
and eroded investment because of the scarcity
and high cost of money, as well as making it difficult to control inflation
properly.
26. The decision to introduce an economy governed by the rules
of the market entailed the establishment of a free exchange rate, the
decontrol
of interest rates, internal trade liberalization, and integration in the
international economy. At the same time, mechanisms
were introduced to protect
and compensate the social sectors most seriously affected by the economic
adjustment measures.
1.3 The social
background
27. Paraguay's social development policies have three main
focuses:
(a) access to social services;
(b) reducing poverty and increasing social integration; and
(c) creation of productive jobs.
Emphasis is also given to improving
social organization and participation in order to reconcile and coordinate the
activities of the
various actors in the quest for responses to their
demands.
1.3.1 Employment and incomes
28. The present
employment situation can be described in terms of the information obtained in
the 1996 household survey of private
dwellings in all urban areas of the country
except the departments of Alto Paraguay and Boquerón.
29. These
urban areas have a population of 2.7 million persons, 1.5 million of whom - i.e.
more than half - live in Asunción
and the urban Central
Department.
30. The employment rate among the urban population aged 10
years or older was 64.8% in 1995, falling to 63% in 1996. The open unemployment
rate was 5.3% in 1995 and rose to 8.2% in 1996, affecting mainly
females.
31. The proportion of households headed by women in
Asunción was 26.6% in 1995 and 34.3% in 1996, representing the biggest
increase in these urban areas. Gender inequality is reflected in wages: men are
paid more than women for equal work.
32. The average monthly per capita
income in urban areas was $150 in 1995 and $250 in 1996.
33. It is
estimated that in the formal sector of the economy women are paid only 70% of
the wages paid to men. This gap widens substantially
when independent farm
workers are taken into account: women get only 48% of the incomes obtained by
male farmers. It is estimated
that in rural areas three quarters of workers
work on family farms.
34. The informal sector includes workers employed
in low-productivity tasks not subject to the labour regulations. These workers
are not protected by the regulations and do not have access to the social
security system. At the national level in 1996, roughly
63% of workers did not
have such access, as compared with about 70% in 1992. Many of them were
own-account workers and migrants
from rural areas.
35. According to the
1996 household survey, workers in the informal urban sector accounted for 46% of
the total employed population
and 32% of them lived in the urban Central
Department, 18% in Asunción, and the rest in other urban areas.
1.3.2 Poverty
36. Paraguay has many studies which make
reference to poverty. The most recent was produced by the Directorate-General
for Statistics,
Surveys and Censuses; it sought to assess the extent of the
problem and establish from the 1992 census data the geographical location
of
households with unsatisfied basic needs. Such needs are defined as the set of
physical, mental and cultural requirements whose
satisfaction is a necessary
condition for the functioning and development of human beings in a given
society.
37. The study chose four subsets of indicators to measure the
unsatisfied needs: quality of housing, health infrastructure, access
to
education, and subsistence capacity.
38. The infrastructure and services
deficits in rural areas, as compared with urban ones, are aggravated by
geographical isolation.
In addition, the production system - severely limited
by the type and quantity of productive resources available to rural dwellers,
the poor coordination of the products and inputs markets, the scant use and
command of technology, and the meagre supply of capital
and credit - results in
ever decreasing income levels.
39. There is in fact a close correlation
between rural poverty and the small size of the farms. Various estimates put
the area required
for a peasant family to generate enough income for survival at
between 10 and 20 hectares.
40. Paraguay is predominantly a country of
farms and forests. Rural areas have 49.5% of the total population, 8% living in
towns
of fewer than 25,000 inhabitants. There is a structural imbalance between
large estates with extensive land use and smallholdings
(90% of all farms but
with only 8.3% of the farmed area) which have no access to credit or new
technology.
41. At present only one in three of the children living in
rural areas complete their primary education and few continue to the secondary
level.
42. The growth of poverty is due largely to the lack of
opportunities for the rural poor living in expulsion zones, and this factor
prompts them to migrate to the towns. The estimates show that two thirds of the
urban poor are migrants from the countryside.
43. Urban unemployment,
underemployment and informal employment tend to generate marginalized groups and
the conditions for erosion
of security.
44. According to the 1992 census,
the country's urban areas contained 451,948 households with a total population
of 2,061,536. At
least one unsatisfied basic need was found in 59.9% of these
households.
45. According to the four poverty indicators, the number of
such needy households is tending downwards at the national and urban levels.
The health infrastructure indicator shows an improvement, for the number of
families lacking access to health services has fallen
by about
50%.
46. The access to education indicator has shown the least
improvement, with the number lacking access falling from 14.7 to 13%.
1.3.3 Social integration and vulnerable social
groups
47. Social integration means equal access for the whole
population to the benefits of economic growth and social policy. The main
factors of social integration relate to the urban/rural context, age, sex, and
ethnic status.
48. Street children engage in various forms of
child labour from a very early age in different areas of the economy, although
not all of the modalities
are recorded. Child labour is used mainly in the
primary sector (57.7%), followed by the tertiary (30%) and the secondary
(10.7%).
In urban areas a few of them are employed in the labour market in
production work, in poor conditions, with little or no remuneration,
and without
any social security
cover.[4]
49. Many children and
young people are affected by conditions of poverty; this leads to social
marginalization and exacerbates the
problems of violence, crime, drug addiction,
and cultural disintegration.
50. Elderly adults make up 4% of the
country's population. This group is important from the social standpoint
because of its great vulnerability and
increasing dependence on the other strata
of society. It has poor cover with respect to health care and social
services.
51. The disabled population is estimated at 10% of the
total; for the whole country this means 373,000 persons with slight or
moderate disabilities and 124,300
with severe disabilities. The latter group
requires urgent specialized care owing to their impact at the individual, family
and
community levels.
52. The indigenous population is estimated
at 1% of the total; it is the neediest and worst-served social group. Seventeen
ethnic groups belonging to five main
linguistic families are recognized; over
the past 25 years they have seen their living conditions deteriorate, for
reasons connected
with changes in the spatial distribution of the population and
in the use and ownership of habitat, as well as with deforestation
and other
factors.
53. The National Indigenous Institute, together with private and
church bodies, carries out programmes to improve the situation of
the indigenous
communities.
54. The status of women is another area where
inequality is manifest in Paraguayan society, as can be seen from the following
figures: six out of every 10
illiterate persons are women; there are about
100 maternal deaths for every 100,000 live births; about one fifth of
households are
headed by women; the membership of the National Congress is 94.4%
male and only 5.6% female; and the Executive has only one woman
minister.
55. Despite important progress with respect to equality of
opportunity, there persist situations of discrimination against women in
the
various spheres of their family, professional, social and political
lives.
1.3.4 Access to social services
56. The people's access to
services in education, health, nutrition, environmental health and housing is a
direct determinant of its
welfare. The relevant social indicators provide
information which supplements the poverty statistics and helps to describe the
country's
level of social development.
57. The education sector
has a broad cover at the primary level, reaching 91% of the population aged
seven to 12 years in 1992. There are big geographical
differences in access to
education: in Asunción, 92% of this age group attend school, while in
departments such as Canindeyú
the figure is only 70%. The illiteracy
rate ranges from 3.45% in Asunción to levels of over 20% in the
Chaco.
58. The primary cover rose by 22.8% in 1991-1996, but with wide
differences between urban (29.3%) and rural (17.6%) areas. The repeated-year
rate rose from 8.8 to 9.1% in the same period, with higher levels in the public
sector.
59. There are large deficits in the people's access to water
and sanitation services. A drinking water supply was available to 34.55% of
the country's total population, with big differences between urban
(59.79%) and
rural (4.83%) areas.
60. Sewerage connected to a private or public system
was enjoyed by 10.31% of the whole country, representing 19.01% of the urban
and
0.06% of the rural population. Most rural dwellers use communal
latrines.
61. According to the 1992 census data, 21.2% of households had
a refuse collection service; 40.9% of these households were in urban
and 0.1% in
rural areas. The other households disposed of their refuse by burning or burial
or dumping in ditches, streams or the
street.
62. Joint efforts are
currently being made at the departmental, municipal and community levels to
improve environmental conditions.
Municipal orders and other regulations have
been issued, and programmes and projects are being carried out in this
area.
63. Paraguay is faced by increasing environmental degradation which
may worsen dramatically over the next few years.
64. Deforestation and
the incorporation of new land for agriculture, together with the use of
unsuitable technology and harmful cultural
practices, have contributed to the
degradation of natural resources.
65. Attempts are being made to ease the
impact of this environmental degradation by incorporating an environmental
component in public
investment programmes and projects and through the adoption
of a new legal framework for the protection of Paraguay's
environment.
1.3.5 The social security system
66. The
social security system consists of the Social Security Institute and seven
independent funds (Government Fund, Railways Fund,
Municipal Fund, Banking Fund,
Parliamentary Fund, ANDE Fund and ITAIPU Fund), which offer their members
old-age, disability and survivor's
benefits but in only a few cases benefits in
respect of incapacity to work, accidents, illness or maternity.
The Government Fund
provides some non-contributory benefits (pensions for
veterans of the Chaco War and grace-and-favour pensions). However, there are
no
unemployment insurance programmes.
67. In 1996 these institutions had
about 305,910 active members,[5]
representing some 18% of the economically active
population.[6] When all
beneficiaries, including non-active members and family members, are taken into
account, the total number of persons covered
by social security rises to about
1.5 million, or 31.5% of the total population; this rate of cover is one of
the lowest in Latin
America. One of the main reasons for the low rate of cover
is widespread evasion by employers, estimated at about
80%.[7]
68. From the financial
standpoint, the benefits offered by the Government, Railways and Parliamentary
Funds exceed the contributions
received, and the resulting deficit is covered by
the Treasury.
69. Analyses of Paraguay's social security situation have
been produced under the Sectoral Investment Programme, together with proposals
for reform designed, according to the operations
plan[8] contained in the loans
contract between the Republic of Paraguay and the Inter-American Development
Bank, to introduce in the country
a private system of individual capital
accumulation for pension benefits and disability and survivor's
insurance.
70. Draft legislation has been produced for the regulatory
framework for the retirement benefits and pensions system; care has been
taken
to ensure that this system will be modern and efficient and guarantee a
dignified old age and the necessary economic security
for those in need. An
action plan has also been drawn up for the establishment of a system for
individual capital accumulation and
funding of the economic benefits of
non-active members of the earlier system, in order to comply with the provisions
of Act No. 281/93.
1.3.6 The need for a social policy
71. Paraguay exhibits major
shortcomings in tackling poverty and providing social services, as well as in
the other areas of social
integration. Traditional social policy had no vision
of economic and social development and entailed an incapacity to generate
incomes
and satisfy the basic needs of society's most neglected
groups.
72. In October 1996 the national Government produced the
Strategic Social Development Plan, which seeks to act on the recommendations
of
the world summits on environment and development, human rights, population,
women, social development, etc.
73. The Plan has two main focuses: (1)
"to expand the economic opportunities of the population, especially of persons
living in poverty";
and (2) "to provide social services that will boost people's
productive capacities and satisfy their most basic needs: education,
health,
food and housing".
2.1 Methodology
74. The technical team of the
Directorate-General for Human Rights of the Ministry of Justice and Labour,
which was responsible for
the preparation of this report, began its work in the
first fortnight of December 1998 at meetings for the study and evaluation of
the
questionnaire and other related reports. The team decided to hold a strategic
planning day, at which it examined and took decisions
on the following
topics:
2.1.1 Scope of the report, by area and sector.
2.1.2 Methods to be
used.
2.1.3 Institutions to be consulted.
2.1.4 Persons to be interviewed.
2.1.5 Design of methods: working meetings to research and locate up-to-date
recorded information by thematic area; preparation of
questionnaires by sector;
visits to institutions in the capital and the interior; personal
interviews.
2.1.6 Preparation of questionnaires to be sent to governmental and
non-governmental organizations for the collection of data.
2.1.7 Timetable for trips to the interior.
2.1.8 Programming of working meetings with representatives of governmental
and non-governmental organizations.
2.1.9 Allocation of tasks within the team.
2.1.10 Compilation of the documents to be used, such as copies of the various
codes, acts, institutional reports, etc.
2.1.11 Reading and study of all the information collected and comparison of
data.
2.1.12 Processing of this information and drafting of the report.
2.1.13 Presentation and consideration of the first draft with representatives
of governmental and non-governmental organizations at
a workshop held on 22 and
23 June to enable these representatives to offer their comments, corrections and
other inputs.
2.1.14 Presentation of the second draft at a meeting on 16 July incorporating
the corrections made at the first workshop.
2.1.15 Last-minute corrections and drafting of the final
report.
2.2 Successes and difficulties
2.2.1 One
fundamental advantage was the firm and coordinated support received from the
outset from UNICEF-Paraguay: at all times it
provided valuable collaboration,
both at the data-collection stage and during the processing of the data and the
subsequent drafting
of the report.
2.2.2 An interinstitutional space was
created with representatives of governmental and non-governmental organizations,
which spared
no effort in their collaboration during the data-collection
stage.
2.2.3 The drafting of the report required visits to institutions
both in the capital and in the interior of the country to gain first-hand
knowledge of the true situation in these institutions. The following
institutions were visited:
(a) Attorney General's Office, juvenile courts, children's homes.
(b) Branches of the National Centre for the Protection of the Rights of the
Child (CENADI): 13 in districts of the Central Department,
one in Coronel
Oviedo, one in Ciudad del Este, and one in Villa Hayes.
(c) Prisons:
(i) In Asunción: Casa del Buen Pastor and Coronel Panchito
López reeducation institute.
(ii) In the interior: the prisons at Encarnación, Misiones,
Villarrica, Ciudad del Este and Coronel
Oviedo.
2.3 Difficulties
2.3.1 One of the first
difficulties encountered was the complexity of the questionnaire, in particular
the requests for information
about statistical variables which is not available
in Paraguay and the repetitiveness of the questions, which in some cases are
hard
to understand owing to their lack of clarity.
2.3.2 The time
allocated for the preparation of the report (December 1997 to May 1998)
coincided with a national political situation
which made the daily work
difficult; in addition there were the end-of-year festivities and then the
summer holidays. For these
reasons little or nothing could be done during
December, January and February, so that the requested information was not
received
on time and the drafting period was considerably
reduced.
3. Recommendations
3.1 Adaptation of national
legislation, taking as the basis the principles set out in the Convention on the
Rights of the Child, within
the framework of the system of comprehensive
protection.
3.2 Provision of machinery to streamline the examination and
approval of the draft Children's Code, currently under consideration
in the
Chamber of Senators.
3.3 Creation of a central authority exclusively for
the defence and protection of the rights of the child which would work in
coordination
with NGOs and international aid agencies.
3.4 Establishment
of machinery to streamline the reform of the prisons system, in particular the
introduction and effective implementation
of a rehabilitation programme for
young offenders.
3.5 Implementation of information, awareness and
publicity campaigns on the rights of the child for the public at large but
especially
among vulnerable groups and foreign
minorities.
3.6 Coordination with the Ministry of Education and Worship
of the implementation of a training programme on the Convention on the
Rights of
the Child for primary and secondary teachers.
I. GENERAL MEASURES OF IMPLEMENTATION
(articles
4, 42 and 44, para. 6, of the Convention)
75. Having considered the
scope and magnitude of the Convention on the Rights of the Child in terms of its
applicability, the Republic
of Paraguay has not entered any
reservations.
- Any comprehensive review of the domestic legislation to ensure compliance with the Convention;
- Any new laws or codes adopted, as well as amendments introduced into
domestic legislation to ensure implementation of the
Convention.
76. The following national instruments are available for
the purpose of reviewing domestic legislation and ensuring its compliance
with
the Convention:
(a) Adoption Act (No. 1136/97), passed on 22
october 1997;
(b) Criminal Code (Act No. 1160/97 of 26 November
1997), which enters into force on 1 November 1998;
(c) Code of
Criminal Procedure, adopted by the National Congress on 26 May 1998;
(d)
Draft Children's Code. At the time of writing, this document is under
consideration in the Chamber of Senators of the National
Congress.
77. Article 137 of the Constitution ("On the supremacy
of the Constitution") states:
"The Constitution is the supreme law of the Republic. The Constitution, the
international treaties, conventions and agreements that have been approved and
ratified by the Congress, the laws adopted by
the Congress, and other related
legal provisions of lesser rank make up Paraguay's corpus of positive law, in
the order of priority
in which they appear above.
Anyone who, in disregard of the procedures established in this Constitution,
attempts to change this order shall be committing the crimes characterized and
punishable by the law.
This Constitution shall remain in force and shall continue to be observed
notwithstanding any act of force or any act of derogation by any means other
those provided herein.
Any measure or act by any authority which is at variance with the provisions
of this Constitution shall be invalid".
This order of priority has been
established in accordance with the Kelsen Pyramid and, as stated, in the event
of a conflict with
domestic legislation the supremacy of the Constitution
prevails, followed by the Convention and then by acts and other decrees and/or
resolutions.
- With respect to recognition in the Constitution or other national
legislation of the rights set forth in the Convention
78. The
Constitution, the Criminal Code, the Code of Criminal Procedure and the Adoption
Act state the principles of the Convention.
- With respect to the possibility for the provisions of the Convention to
be directly invoked before the courts and applied by the
national
authorities
79. Publicity and awareness campaigns on the Convention
and the need for it to be implemented have been organized through NGOs; copies
of the Convention have been distributed and, especially in recent years, it has
been the subject of training days for professional
and technical personnel
responsible for its application. There are still some professionals, such as
judges in the interior of the
country, lawyers and police officers, who are
unaware that the Convention is part of positive law; as a result very little use
is
made of it in the defence of cases.
80. The national authorities are
more aware of the Convention, for it is often invoked in various agencies of the
Executive, such
as the Directorate-General for Human Rights, the Ministry of
Foreign Affairs, the Ministry of Public Health and Social Welfare, the
Ministry
of Education and Worship, the Office of the First Lady, the Secretariat for
Women, the Technical Planning Secretariat, the
Secretariat for Social Action,
and the Judiciary through the juvenile courts and juvenile attorneys. The
Legislature uses the Convention
as the basis for the preparation of legislation
in this area, such as the Adoption Act and the draft Children's Code, and it is
also
used in connection with plans, policies, agreements, projects and
programmes.
- In the event of a conflict with national legislation.
81. In
the event of such a conflict the order of priority established in the Kelsen
Pyramid is observed, as explained above.
82. The following domestic legislation is the
most conducive to the realization of the rights of the child: the Constitution,
the Civil Code, the Criminal Code, the Code of Criminal Procedure, and the
Adoption Act.
83. Since the draft Children's Code is still under consideration, the Juvenile Code (Act No. 903/81) remains in force. The courts apply both the provisions of this Code and the principles of the Convention.
84. The judicial decisions most often applying
the principles and provisions of the Convention are those connected with the
suppression
and elimination of physical or mental abuse, safety, discrimination
of any kind and adoption, but mainly rulings in legal disputes
concerning the
registration of a child immediately after birth in the Civil Register, which
account for a high proportion (about
60%) of the cases in question.
85. Article 54 of the
Constitution states specifically:
"The family, society and the State have an obligation to ensure children's
harmonious and comprehensive development and the full
exercise of their rights,
protecting them against neglect, malnutrition, violence, abuse, trafficking and
exploitation. Anyone may
require the competent authority to enforce these
guarantees and punish violators. In the event of a conflict, the rights of the
child shall prevail."
86. Even this means of protection is little used in
practice. At present, complaints by family members, neighbours and other third
parties are accepted in connection with acts of violence in or outside the
family and any other kind of abuse. There are no legal
regulations guaranteeing
and protecting the rights of the child in this respect.
87. Most such
complaints are received by the Attorney-General's Office.
88. In some
cases there are no clear remedies or procedures for carrying out a detailed
investigation and proper follow-up of the
complaints received. There are other
organizations, such as the National Centre for the Protection of the Rights of
the Child (CENADI),
the Community Centre for the Protection of Children
(CECODIN), and the Commission on the Rights of the Child (CODENIS), which
provide
initial care before referring the children to other agencies; there are
also NGOs working in this field.
89. There is nevertheless a need to
devise and establish a clear coordination procedure, to be followed from the
initial receipt of
the complaint, for looking after the victim and other family
members, exhaustive investigation, and follow-up and enforcement of
any
measures.
90. Paraguay has a National Plan of Action for Children (PNAI), which emerged in December 1991 as a result of the commitment undertaken by the Government at the United Nations World Summit for Children in New York in September 1990.
91. The institutions and organizations which currently
make up the Coordinating Committee for the Paraguay-UNICEF Cooperation Programme
took part in the formulation of the PNAI: the Ministries of Public Health and
Social Welfare, Education and Worship, Agriculture
and Livestock, and Justice
and Labour; the Technical Planning Secretariat; Pastoral Social/Catholic Church;
the Paraguayan Doctors'
Circle; the Paraguayan Paediatrics Society; and the
National Council of Charities.
92. The fundamental aim of this National
Plan is to "ensure the survival, protection and development of children and
mothers". It
is proposed to this end that an integrated set of programmes
should be carried out by means of concerted action by the public sector,
NGOs,
the national community, and international aid agencies, in order to achieve the
following targets:
(a) To reduce infant and maternal mortality;
(b) To reduce severe
and moderate malnutrition;
(c) To increase access to drinking water and
to health services;
(d) To consolidate and expand enrolment and
retention in basic education;
(e) To reduce the adult illiteracy
rate;
(f) To protect children in difficult
circumstances.
93. The PNAI established to this end global, ten-year and
interim targets, which will have to be brought into conformity with the
commitments entered into as a result of the monitoring of national plans at the
international level.
94. The following governmental agencies are
responsible for implementing the PNAI: Ministry of Public Health and Social
Welfare, Ministry
of Education and Worship, Ministry of Agriculture and
Livestock, Ministry of Justice and Labour, Technical Planning Secretariat,
Secretariat for Social Action, Secretariat for Women, Pastoral Social, National
Centre for the Protection of the Rights of the Child,
and Commission on the
Rights of the Child.
95. There is a lack of coordination here between
word and action, for no single institution is responsible for the Plan's
implementation.
This means that the PNAI does not have its own resources and
that its initiatives are "one-off" and lack proper follow-up.
96. For
example, the PNAI does not have a clear policy on where to direct the joint
activities for street children. One symptom
of this is that the
Directorate-General for the Protection of Juveniles, which is the State agency
currently responsible for all
matters relating to children, is not involved in
the PNAI.
97. The PNAI has tended to expand to cover all the aspects of
the Convention. In this connection there is a current programme called
"Convention on the Rights of the Child: National Plan of Action for Children and
Social Policies"; this programme's counterpart is
the Technical Planning
Secretariat supported by UNICEF. There is a plan for a pilot local development
project in four districts
of the country: Belén (Concepción),
Repatriación (Caaguazú), Santa Rosa (Misiones), and Luque
(Central);
this project takes a comprehensive and integrated approach based on
the rights of the child and seeks to formulate with these districts
a municipal
plan of action for children having the following goals:
- To develop an intervention methodology which allows the active
participation of the various social actors and each community in
the
identification and ranking of the needs and resources envisaged in the
PNAI;
- To hold working meetings, workshops and conferences with the departmental
PNAI committees and the local authorities of the four
chosen districts;
- To establish a procedure for monitoring and evaluating the successive
stages of project execution so as to facilitate timely adjustments
to ensure the
success of the projects;
- To ensure permanent monitoring, including visits to the committees in
their respective localities, coordination of activities,
and evaluation in the
required areas;
- To hold three workshops for an exchange of experience among the PNAI
departmental committees;
- To promote the creation of local databases for the projects and other
activities carried out by the departmental committees in
the six PNAI programme
areas;
- To produce periodic progress reports on the functioning of the
committees;
- To continue dissemination and training work in connection with the
PNAI;
- To hold awareness workshops in six departments of the country
(Concepción, San Pedro, Neembucú, Cordillera, Itapúa,
Caaguazú, Canindeyú);
- To keep the institutions members of the National Coordinating Committee
regularly informed about the PNAI publicity and monitoring
work;
- To reprint the summary PNAI leaflet, incorporating updated information on
progress towards the targets;
- To publish an information leaflet on the PNAI targets by
department;
- To train members of the departmental committees in the formulation and
evaluation of social projects, within the PNAI framework;
- To hold four training workshops on social projects for members of the
departmental committees;
- To monitor the committees' application of the knowledge acquired;
and
- To compile a directory of national and international bodies, public and
private institutions, NGOs, etc., through which resources
for execution of the
committees' projects can be channelled.
98. This National Plan will be
coordinated by a single agency and executed through a nation-wide system,
provided that the draft Children's
Code is adopted during the current
legislative session.
- The governmental departments competent in the areas covered by the
Convention, the steps taken to ensure the effective coordination
of their
activities, as well as to monitor the progress made by them
The
following governmental departments are competent in the areas covered by the
Convention:
Under the Ministry of Health and Social
Welfare:
1. Santa Teresita Children's Home
2. National Home for Children and Old People
3. Itaguá National Hospital
4. Barrio Obrero Hospital, No. 2 Health Centre
5. Outpatients Department of the paediatrics faculty, Clinical
Hospital
6. Local district mother and child hospitals: San Pablo, Fernando de la
Mora, Santísima Trinidad, and Loma Pytá
7. San Lorenzo and Caacupé regional hospital
8. Health region XIII, Amambay Department
9. Children's Department, Directorate-General for Social Welfare
10. National Centre for the Protection of the Rights of the
Child
Under the Ministry of the Interior:
1. National Police: San Francisco de Asís children's home
2. National Police: Family Department
3. National Police: Minors Division
Under the Ministry of Justice
and Labour:
1. National Children's Home
Under the Judiciary:
1. Attorney-General's Office: Department for Assistance to Victims of
Crime
2. Juvenile Correctional Court, Second Rota
3. Judiciary Investigation Centre
Under local
governments:
1. Community Centre for the Protection of Children, Asunción
municipality
2. Council on the Rights of the Child, Luque municipality
3. Council on the Rights of the Child, Pedro Juan Caballero
municipality
Under the Executive:
1. Secretariat for Women of the Office of the President of the
Republic
99. Only in the area of "child abuse" is there any coordination
of the work of these institutions - in the National Network against
Child Abuse,
which is headed by the National Centre for the Protection of the Rights of the
Child (CENADI) with UNICEF support and
in collaboration with NGOs; the Network
operates under the UNICEF Plan of Action 1997-1998 and directs the efforts
towards the provision
of services connected with prevention of abuse and care
for victims of abuse. This Network and its institutional space have been
functioning since 1997 and represent a vital initiative in this field; it is to
enlarge this space by creating regional agencies
undertaking some activities at
the regional and district levels for the protection and advocacy of the rights
of the child.
- The steps taken to ensure effective coordination of activities between
central, regional and local authorities, and where relevant
between federal and
provincial authorities
100. The National Plan of Action for Children
(PNAI) provides for coordination of the activities of the central and regional
authorities
responsible for implementation: Ministry of Public Health and Social
Welfare, Ministry of Education, Ministry of Agriculture and
Livestock, Technical
Planning Secretariat, Secretariat for Social Action, Secretariat for Women,
Pastoral Social, National Centre
for the Protection of the Rights of the Child
(CENADI) of the Ministry of Public Health and Social Welfare, Commission on the
Rights
of the Child, and UNICEF.
101. The PNAI Committee meets in
principle once a year to choose the body which will coordinate the activities.
The current coordinator
is the Secretariat for Women. The Committee's meetings
are of an informational nature.
102. Being an interinstitutional body,
the Committee lacks a dynamic and streamlined system for carrying out its
actions. This difficulty
is probably due both to the multiplicity of the
responsibilities of the officials representing the institutions working together
under the PNAI and to changes in the holders of the posts in question either
through promotion or for other reasons. On top of this
there is the national
political situation prevailing since mid-1997, which undoubtedly affects all
activities in the country. Other
problems are that the PNAI has not got its own
budget allocation to finance its social agenda and that its objectives and scope
are
poorly publicized in both the public and private spheres.
- Any governmental institutions created to promote the rights of the
child and monitor implementation, and how they relate to non-governmental
organizations
103. The National Centre for the Protection of the
Rights of the Child (CENADI), an agency of the Ministry of Public Health and
Social
Welfare, was created to protect and advocate the rights of the child in
coordination with governmental and non-governmental organizations.
Full
information about CENADI was given in previous reports to the Committee on the
Rights of the Child.
- Any independent body established to promote and protect the rights of
the child, such as an Ombudsperson or a Commissioner
104. There is no ombudsman for children, but there are juvenile attorneys attached to the Public Prosecutor's Office who perform ombudsman functions with respect to reporting of abuses, maintenance orders, custody, return of children, precautionary measures, correctional measures, child abuse, reporting of sexual exploitation, and emergency measures.
- The measures taken to ensure the systematic gathering of data on
children and their fundamental rights and to assess existing trends
at the
national, regional and local levels, and where appropriate at the federal and
provincial levels, as well as the steps taken
to develop mechanisms for the
identification and gathering of appropriate indicators, statistics, relevant
research and other relevant
information as a basis for policy-making in the
field of children's rights
105. In 1995 the Technical Planning
Secretariat, which reports to the Executive, created a database to monitor the
PNAI; this exercise
includes the systematic collection and recording of
information and the selection and design of statistical indicators for the
principal
areas of action: health, education, demography, economics and poverty,
children in difficult circumstances, and study of indigenous
peoples; the
information is disaggregated by region, sex, age, and level of education. This
computerized database will also be used
in the production of national analyses
on this subject and in the formulation of public policies. It was formally
inaugurated this
year.
106. There are other relevant annual reports: the
report of the Attorney-General's Office on the situation in the prisons (annexed
to this report); the report of the Directorate-General for Statistics, Surveys
and Censuses, etc.
107. In addition, under a joint agreement the Public
Prosecutor's Office, UNICEF and Global Infancia have created this year a
computerized
database on children taken abroad, with a view to preserving their
identity. In furtherance of the best interests of the child this
database
allows such children and their biological and adoptive families to have due
access through a modern computerized system
to information contained in official
records. More details are given below in the section on adoption under general
guideline 85.
108. The United Nations system is creating a database of
social indicators, which covers the rights of the child.
- The steps taken to ensure a periodic evaluation of progress in the
implementation of the Convention at the national, regional and
local levels, and
where appropriate at the federal and provincial levels, including through the
preparation of any periodic report
by the Government to the
Parliament.
109. The Executive presents an annual report to the
National Congress based on the reports received from the various State
ministries.
This report constitutes a summary of the Government's work and
highlights the successes achieved by the agencies of the public administration
in the following areas: macroeconomic context, sustainable development, social
action, security and defence, globalization and decentralization,
and
international technical cooperation.
110. In each of these areas
attention is drawn to the situation of children in Paraguay and to the progress
achieved by the Government
in the context of the Convention.
111. There
are also reports from the Attorney-General's Office on the situation in the
prisons, from the Directorate-General for Statistics,
Surveys and Censuses, and
from UNICEF.
112. The various ministries have their own statistics
offices, which provide a picture of the rate of progress as compared with
previous
years. The Health Ministry, for example, assesses the rates of infant
mortality and vaccination, and the Ministry of Education and
Worship determines
the school enrolment and drop-out rates, etc.
113. For the
1997/1998 financial year the Secretariat for Social Action has a total of
seven million dollars to finance projects to
be executed jointly with NGOs
for the benefit of the most needy children and young people. The main projects
approved as of 29 December
1997 include:
- Repair of the surgery and delivery room for 601 rural beneficiaries in
Cordillera Department; $113,888.
- Construction of seven schools in San Pedro Department for 240 rural
beneficiaries; $36,913.
- Three health posts for 240 rural beneficiaries in the same department;
$45,583.
- Schools for 160 indians in Guairá; $43,255.
- Schools in Alto Paraná for 218 indians; classroom equipment for
basic education and literacy; $77,628.
- Three preschool classrooms and bathrooms in Cordillera Department for 300
rural children; $82,704.
- Completion of five classrooms for 300 children in Central Department;
$40,460.
- Completion of a special school in Concepción for 100 disabled
children and young people; $51,941.
- Playground equipment at the Santa Lucia school for the blind
(Asunción) for 100 children; $15,784.
Projects approved as of
June 1998
- Education in the street. Leaders, materials, for 140 child street workers
in Asunción; $36,679.
- Day centre. Support for school attendance back-up programmes, work with
families, for 170 child street workers; $71,953.
- Restructuring and equipment of facilities, expansion of school attendance
back-up services, for 200 street workers in Asunción;
$30,752.
- Completion of premises for the Education and Rehabilitation Centre for
Exceptional Children, special school No. 9; construction
of classrooms,
carpentry workshop and lavatories, for 100 disabled children in
Concepción; $54,647.
- Construction of henhouses, training, and upgrading of health and
nutrition, for 100 child street workers in Central Department;
$30,752.
- Improvement of primary education for the indigenous population, equipment
and drinking water supply for the indigenous school,
for a total of 475
beneficiaries in Boquerón; $92,900.
- Improvement of education and health, equipment of two classrooms, teaching
materials and lavatories in indigenous communities in
Guairá, for a total
of 160 beneficiaries.
- Promotion of school attendance. School attendance back-up, wages and work
materials, for 60 child street workers in Asunción.
- Improvement of training services for pupils at the special school,
construction of a classroom, a rehabilitation room and lavatories,
for 137
disabled children in Amambay.
- Upgrading of services and expansion of the care cover at the Santa
Catalina children's home, and completion of the building, for
80 vulnerable
children in Alto Paraná.
- Expansion of the shelter service for homeless girls, to benefit 40 girl
street workers in Guairá.
- Strengthening of production programmes, construction of hostels, for 235
child street workers in Asunción; $30,752.
- Substitution of begging with babies by an alternative economic activity,
training, support, for 140 child street workers in Asunción.
- Training in alternative work, wages and work materials, for 31 children in
Cordillera.
- Upgrading of educational facilities, construction of three preschool
classrooms and lavatories, for 300 rural children in Cordillera.
- Upgrading of educational facilities in the municipal school, completion of
five classrooms, equipment and upgrading of lavatories,
for 300 rural children
in Cordillera.
- Improvement of the education service, construction of kitchen and dining
room close to the school, and training, for 284 rural
beneficiaries in
Caaguazú.
- Strengthening of the Council on the Rights of the Child, human resources,
equipment and expansion, for 50 child street workers
in Asunción.
- Improvement of living and sanitation conditions in the Paí
Pucú girls' home, construction of dormitory and lavatories
in the home,
for 130 beneficiaries in Presidente Hayes.
- Reduction of overcrowding in the girls' home, refitting and extension of
the dormitory, for 50 child street workers in Central
Department.
- Support for school attendance by child street workers, for a total of 50
beneficiaries in Caaguazú.
- Improvement of education services, construction of five classrooms,
lavatories, equipment and teaching materials, for 440 rural
children in Alto
Paraná.
- Upgrading and increased availability of vocational training programmes for
young people and adults in Cordillera, including the
construction of three
classrooms and repairs, for a total of 160 beneficiaries in Central
Department.
- Improvement of basic learning conditions in school No. 136, for 180
children in Guairá.
- Access to education for young people and adults in marginal quarters of
Areguá, for 142 persons.
- Training for young street workers in San Antonio quarter.
- Equipment of silkscreen-printing workshop, for 20 children in
Asunción.
- Improvement of basic learning conditions in school No. 14,271 in
Toledo, and construction of classrooms, for 32 children in Central
Department.
- Refitting of school No. 1,834, construction of two classrooms and
lavatories, provision of teaching materials, for 114 beneficiaries
in
Caaguazú.
- Construction of latrines and two classrooms, for 100 children in
Canindeyú.
- Children's home in Caacupé.
- School back-up and teaching materials, for 50 beneficiaries in
Cordillera.
114. There are also projects funded by UNICEF and the
Directorate for Social Welfare and Assistance in a number of development areas;
some of them are mentioned in the sections on education and health.
- The steps undertaken to ensure coordination between economic and social
policies
115. There is still no unified method of coordinating these
policies, but there are mechanisms for data collection and exchange of
information and experience from such social measures as the Strategic Social
Development Plan, the Education Reform, the National
Health System, and the
National Plan of Action for Children. There are also other arrangements for
governmental and non-governmental
organizations to meet to exchange information
and experience.
- The proportion of the budget devoted to social expenditures for
children, including health, welfare and education, at the central,
regional and
local levels, and where appropriate at the federal and provincial
levels
116. The national general expenditure budget allocates 18.5%
of its total resources to education and 7.1% to health. These are global
figures, for the data are not broken down by sector. According to the Technical
Planning Secretariat of the Office of the President,
the available data series
(1980-1996) indicates that public social spending has varied over that same
period in two clearly differentiated
stages: from very low levels in the 1980s
it has increased dramatically in recent years.
117. In fact, the social
spending/GDP ratio has risen from about 4% in the first few years of the series
to about 9% in recent years,
with the biggest increases from 1991 to the
present.
118. This has been achieved by increasing public social
spending, by almost a factor of four, from 27,814.8 million guaraníes
in
1980 to 110,741.1 million constant guaraníes between 1982 and 1996, which
in turn has meant an increase in total social
spending per capita from $53.80 in
1980 to $193.70 in 1996.
119. It must be stressed that recent years have
seen the creation of new public agencies such as the Secretariat for Women, the
Secretariat
for Returnees, the Secretariat for Youth, the National Emergency
Committee, and the Secretariat for Social Action; however, these
agencies
account for very little social expenditure.
- The budget trends over the period covered by the
report
120. According to economic statistics compiled by the
Technical Planning Secretariat, public social spending evolved in a relatively
positive manner between 1990 and 1996, rising from 30.7% in 1990 to 46.7% in
1996, with the emphasis on expenditure on education
and culture, social security
and assistance, followed by health. A methodology was adopted to establish the
priority areas in order
that the main institutions would be able to identify the
most vulnerable sectors, be it in health, education, farming, infrastructure
and
services, financing, or local government. It is hoped that this policy will
maximize the benefits for the social sectors, and
an improvement therein is
expected.
- Arrangements for budgetary analysis enabling the amount and proportion
spent on children to be clearly identified
121. The promulgation of
the National Constitution in 1992 was followed by a study initiated by the
Parliament in conjunction with the Ministry of Finance to determine the annual
percentages
to be allocated equitably to the various sectors in order to secure
better living conditions for the most vulnerable groups, including
children.
122. To date, the only method for determining the proportion of
expenditure allocated to children is to be found in the education
system
established in the Constitution, which states in article 85 ("On a budgetary
minimum"): "The resources allocated to education in the national general
expenditure
budget shall not be less than 20% of the total amount allocated to
the central administration, excluding loans and donations".
- The steps taken to ensure that all competent national, regional and
local authorities are guided by the best interests of the child
in their
budgetary decisions and evaluate the priority given to children in their
policy-making
123. There are no institutional arrangements for this
purpose. However, ad hoc recommendations are made by the Directorate-General
for Human Rights; for example, to request the Ministry of Defence to make a
specific budget allocation for the medical examination
of young persons required
to perform compulsory military service. Another initiative was the production
of a psychological and legal
record sheet for young people detained in the
Coronel Panchito López reeducation institute, to record the state of
their mental
health from admission to release and to monitor compliance with the
procedures. An agreement has also been negotiated, as part of
the amicable
settlement with the Inter-American Commission on Human Rights of the
Organization of American States, between the National
University and the Nuestra
Se↵ora de la Asunción University in Paraguay and the American
University in Washington for
students from the faculties of criminal procedure
law to work with imprisoned juveniles free of charge and in return to be given
about two months' training at the American University.
- The measures taken to ensure that disparities between different regions
and groups of children are bridged in relation to the provision
of social
services
124. The Ministry of Finance and subsequently the National
Congress are the bodies responsible for preparing the national general
expenditure budget. The budget structure provides for an increase in the
sections having an impact on the satisfaction of basic
needs, giving priority to
the most vulnerable groups by means of such indicators as age, per capita
income, sex, place of residence,
region, etc. This budget depends on the volume
of tax revenues, and it is difficult to meet 100% of the needs.
- The measures taken to ensure that children, particularly those
belonging to the most disadvantaged groups, are protected against
the adverse
effects of economic policies, including the reduction of budgetary allocations
in the social sector
125. Measures of assistance are taken: the
various Secretariats of State, within their areas of competence, usually make
special allocations
to meet emerging needs. One example is the Secretariat for
Social Action, which has projects for the construction of classrooms
to meet the
needs of students and runs campaigns to eradicate specific diseases, pests and
epidemics, as well as taking action to
deal with natural disasters such as those
produced by the El Niño effect. It also provides assistance with the
installation
and equipment of health posts and the provision of health services
in rural areas.
126. Information about the various modalities
of the international aid received by Paraguay was officially communicated
through the
Technical Planning Secretariat for Economic and Social Development
of the Office of the President and the Ministry of Foreign
Affairs.
127. Bilateral technical-cooperation relations are maintained
with countries of Europe, Asia and the Americas, as well as with international
and multilateral bodies. It must be stressed that some countries also support
Paraguay's development through NGOs.
128. International aid is delivered
through projects, including for example:
1. Protected workshop equipment for the disabled (Jasmin Foundation). Japan.
2. "Human development in Paraguay". UNDP.
3. "Caring for street children". European Union.
4. "Caring for child workers". IDB.
5. "Bilingual education for indigenous groups in Paraguay" (OISCA International, Paraguay). Japan.
6. Construction of school No. 13,453 (María Auxiliadora de Limpio). Japan.
7. Construction of classroom in the Colegio Adventista in Este Paraguayo (Yguazú). Japan.
8. Construction of school No. 14,128 in Asentamiento Arroyo Claro. Japan.
9. "Education for health and better learning". Spain.\
10. "Equal opportunities in education". Spain.
11. "Continuous training of human resources".
Spain.
12. "Remote education". Spain.
13. "Educational needs of Paraguay's youth". UNDP programme.
14. "Improvement of primary education".
IDB.
15. "Middle-management training programme". IDB.
16. [text
illegible]
17. "Primary health care in rural areas". Japan.
18. Donation of a mobile ophthalmic surgery unit (Eye Bank Foundation). Japan.
19. Drinking water supply for indigenous groups in the Chaco (Boquerón). Japan.
20. Improvement of airconditioning system in the Clinical Hospital.
Japan.
21. Study and development of groundwater resources.
Germany.
22. "Integrated health for children and reproductive health".
Germany.
23. "Education for health and better learning".
Spain.
24. Environmental health: water supply for rural settlements.
Spain.
25. "Assistance, support and awareness training for women".
Spain.
26. Reproductive health and family planning.
UNFPA.
27. "Rural women, gender, development and reproductive health".
UNFPA.
28. "Strengthening of the rural family economy". OAS.
29. Upgrading of the capacity for analysis and dissemination of the results of the 1992 population and housing census. UNDP.
30. Agro-industrial development at the Villarrica
school.
Bilateral and multilateral aid
129. The
bilateral/multilateral breakdown by main sources of aid is as
follows:
(a) Bilateral aid totalling $168,157,059, representing 60.2%
of the total, from the following countries:
Country
Contribution (in
$US)
Japan 76,684,300
Germany 63,214,749
China 20,950,000
Spain
6,408,010
Korea 900,000
(b) Multilateral aid totalling
$111,173,534, representing 39.8% of the total, from the following
organizations:
Organization Contribution
(in $US)
European Union 71,670,534
UNDP
5,185,000
IDB 27,878,000
UNFPA
5,000,000
OAS 150,000
FAO, IAEA, UNIDO
1,290,000
Total bilateral/multilateral: 279,330,593
These figures
are for the period from June 1996 to June 1997.
130. The first regional
conference to follow-up the Declaration and Programme of Action of the World
Summit for Social Development
was held in São Paolo, Brazil, from 6 to 9
April 1997.
131. This conference showed that results have been achieved.
The Government has made enormous efforts to meet the various emerging
needs of
society's most vulnerable groups, including peasants, indigenous peoples, women,
children, the disabled, and the elderly.
132. The measures described
below have been adopted for children.
133. With UNICEF support, various
public institutions have been executing the National Plan of Action for Children
(PNAI), which seeks
to improve the lives of this section of the
population.
134. The creation of the Secretariat for Youth led to the
establishment of a national plan for youth, which sets priorities for the
implementation of action programmes with and for young people.
135. The
activities carried out have succeeded in satisfying needs not covered previously
by any other public or private programme,
plan or project: for example, the
provision of scholarships, initial work experience, and training for technical
careers.
136. In order to consolidate the youth organizations as spaces
where people can participate and learn, the Secretariat for Youth devised
the
following programmes: consolidation of youth organizations, schools for
democracy, and creation and strengthening of the Secretariat's
offices in the
interior.
137. The bases have been laid, in conjunction with the Industry
Department of the Ministry of Industry and Commerce, for the development
of
sources of employment; the aim is to motivate young people to take up the
challenge of creating industrial, commercial or service
businesses in accordance
with their ambitions.
138. The year 1997 saw the establishment of the
selection board for the Economic Assistance Programme for Young Students, which
addresses
the needs of the country's students who have the required level of
academic achievement but cannot afford the expense of their studies
because of
their economic situation.
139. In addition, the Youth Department has
given support to the Union of Young Professionals and Entrepreneurs, which
organizes "Opening
the Way" meetings for young people, the first step in the
creation of a space for discussion and thought and the drafting of proposals
for
the integration of young people in the country's economic development; this
initiative will take the form of a three-year plan.
140. This Department
is also seeking links with bodies having similar objectives, such as the Rotary
Club, the Lions Club, and the
Union of Young Professionals and Entrepreneurs.
In order to publicize and promote its activities and make direct contact with as
many young people as possible, the Department organized and took part in a
series events such as meetings, days, seminars and conferences,
throughout the
country.
141. A youth employment programme for marginal urban areas is
also under preparation; it takes into account the experience of some
other South
American countries and has the possibility of obtaining the necessary financing
from international aid agencies.
142. The plan is to establish in
conjunction with UNESCO a training centre for socio-cultural extension workers
to boost the management
capacity of municipal and departmental youth
organizations.
143. In addition to the international aid received by
Paraguay and the list of such aid annexed to this report, mention must be made
of the contribution of UNICEF-Paraguay to the application of the Convention on
the Rights of the Child, as well as to the implementation
of the PNAI, which
deals in detail with the various topics of health, education, children in
difficult circumstances, etc., in its
assistance programmes, with provision for
specific evaluation of the successes and problems.
- The extent to which the Convention has been translated into the
national, local, minority or indigenous languages. In this connection,
an
indication should be given of the number of languages into which the Convention
has been translated and the number of copies translated
into the minority
languages during the reporting period
144. The Convention on the Rights of the Child has not been translated into Guaraní; the copies distributed are in Spanish. There is a project entitled "Convention on the Rights of the Child - National Plan of Action for Children and Social Policies"; the counterpart agency is the Directorate-General for Human Rights of the Ministry of Justice and Labour, with UNICEF support. This project is concerned with the dissemination of the reports on the rights of the child in Paraguay submitted to the Committee in 1994, 1996 and 1998 and of the Committee's observations thereon. The project provides for the publication of editions of the reports and the observations in Spanish and Guaraní, presentation to the press, and distribution to public, private and international bodies connected with the rights of the child. This is the only step taken to disseminate the Convention in Guaraní. It is clearly not possible to state the number of copies of the translations since the project has not yet yielded results that can be evaluated.
- Whether the Convention has been translated and has been made available
in the languages spoken by the larger refugee and immigrant
groups in the
country concerned
145. The Convention has not been translated into
other languages, for refugees and immigrants are few in number. The people in
question
speak Spanish or, in the case of such communities as the Japanese,
Koreans, Chinese or Arabs, are usually learning Spanish as a first
step towards
integration in society and as vital tool for work, study and communication and
for ensuring their own and their family's
survival.
- The measures adopted to publicize the Convention and create widespread
awareness of its principles and provisions. In this connection,
an indication
should be given of the number of meetings (such as parliamentary or governmental
conferences, workshops, seminars)
held, the number of programmes broadcast on
radio or television and the number of publications issued explaining the
Convention on
the Rights of the Child during the reporting
period
146. In order to publicize the principles of the Convention
and make the general public more aware of it, the Directorate-General
for Human
Rights, with UNICEF support, held a workshop/seminar on 5-6 June 1997 on
the preparation of the second report on the application
of the Convention, which
was attended by governmental and non-governmental organizations concerned with
children. The seminar highlighted
the provisions of the Convention, focusing in
particular on the themes to be addressed in the report in accordance with the
general
guidelines. A presentation was made on the list of questions which had
to be addressed in connection with the consideration of Paraguay's
initial
report; in order to secure greater publicity, this event was promoted in the
press and on radio and television.
147. A UNICEF initiative resulted in
the formation of a study group headed by an NGO - the Women's Training and
Studies Service -
to analyze and discuss the Convention on the Rights of the
Child, the Convention on the Elimination of All Forms of Discrimination
against
Women, and the mother-child relationship.
148. In addition, the
Coordinating Office for the Rights of the Child organized Rights of the Child
Week, which included cultural
activities designed to publicize the Convention
and increase people's awareness of it.
- The specific steps taken to make the Convention widely known to
children and the extent to which it has been reflected in the school
curricula
and considered in parents' education campaigns. An indication should be given
of the number of copies of the Convention
distributed in the educational system
and to the public at large during the reporting period
149. The
Education Reform, which has been engaged since 1993 in a gradual process of
improving school attendance and has now covered
the first four years of
schooling, has included the Convention in the curriculum in order to teach
children about all matters connected
with their rights and duties. This work
began with training days for teachers to show them how to teach the Convention;
parents
were also included. These periodic days, in addition to offering an
opportunity for discussion of children's schooling, highlighted
the principles
of the Convention and the need for their daily application.
150. It must
be added that in the interior of the country the "Mita Róga" (Children's
Centre) schools work to secure children's
integrated development within the
framework of the Convention. More details about this system are given in the
section on education.
- The measures adopted to provide education on the Convention to public
officials, as well as to train professional groups working
with and for
children, such as teachers, law enforcement officials, including police,
immigration officers, judges, prosecutors,
lawyers, defence forces, medical
doctors, health workers and social workers
151. The government
agencies which have staff performing work connected with children hold training
courses on the Convention. These
include:
(a) The teacher-training
programme of the Ministry of Education and Worship, which includes human rights
as a thematic area;
(b) The programme for officers of public order,
including the National Police, which since 1992 has had a human rights
department
in the General José Eduvigis Díaz police
academy;
(c) The courses on the principles of the Convention organized
by the Supreme Court of Justice for judges and magistrates in general,
lawyers,
and juvenile judges and attorneys. The following are some examples of this
work:
(i) The training given at the seminar for judges on "Application of the
international human rights instruments in judicial decisions",
which was
mentioned in the preceding report;
(ii) The workshop/seminar for judges on "Preparation of the second report
on the application of the rights of the child", mentioned
above; the presenters
included judges from the juvenile guardianship and correctional
jurisdiction;
(d) The training courses for health and social-work
professionals, such as doctors, health workers, social workers, and nurses,
run
by the Ministry of Public Health and Social Welfare; the Ministry also
encourages paediatricians to use wall-charts illustrating
children's rights in
their consulting rooms. The Convention was also publicized in public and
private hospitals through the free
distribution of posters illustrating the
Convention.
152. In addition, the NGO Global Infancia has this year been
supporting the work of 120 juvenile judges and attorneys by organizing
training
activities, with the agreement of the Supreme Court of Justice and the Public
Prosecutor's Office, for the benefit of personnel
working with children, with a
view to ensuring that the work is integrated and coordinated. Courses on
children's rights are also
held in the police schools for cadets,
non-commissioned and commissioned officers; the participants totalled 200 in
1998.
- The extent to which the principles and provisions of the Convention
have been incorporated in professional training curricula and
codes of conduct
or regulations
153. The Convention and its principles and provisions
have been included in training programmes for future child-work professionals,
as mentioned in the preceding section. Since 1994 the law faculty of the
National University in Asunción has had a human
rights chair, which
covers the Convention, and since 1993 a children's rights chair.
154. The
regulations governing all types of education, especially primary, provide that
"all children are entitled to be treated in
a caring and understanding manner,
without any discrimination, to have their personalities respected, and not to be
harmed by word
or deed". This is the only regulation referring to a principle
of the Convention in terms of the everyday interpersonal relations
affecting
children.
- The steps taken to promote understanding of the principles and
provisions of the Convention by the mass media and by information
and publishing
agencies
155. Some activities are undertaken by the press - the
Asunción newspapers ABC Color, Noticias and Ultima
Hora, which occasionally publish schools supplements. These supplements
generally use cartoon strips to publicize the articles of the
Convention and
teach children about their rights and duties. These materials are widely used
by teachers as a means of raising awareness
and for dissemination and training
purposes.
156. There are a number of community radio stations
broadcasting specific programmes for children and young people: for example,
Radio
FM Trinidad, Radio Rebelde, Radio FM Lambaré, and Radio FM
Cordillera, which are located in cities throughout the
country.
157. There are also radio programmes such as La Voz de los
Niños (Children's Voice), broadcast over Radio Cáritas in
Asunción, which make reference to the Convention.
- The involvement of non-governmental organizations in awareness and
advocacy campaigns on the Convention, as well as any support
provided to them.
In this connection, an indication should be given of the number of
non-governmental organizations who participated
in such events during the
reporting period
158. As noted elsewhere in this report, in 1995 the
Government declared the week of 9 to 16 August as Rights of the Child Week; this
event is organized jointly with the Coordinating Office for the Rights of the
Child and involves the following social organizations:
Callescuela, which
provides extensive services for children working in the street; Global Infancia;
Dequeni; and Don Bosco Róga.
159. The most relevant
articles of the Convention are selected for the Week, so that any organization,
governmental or non-governmental,
can give them widespread dissemination and try
to secure the greatest possible national cover. Attention is drawn in this
connection
to the work of the NGO Global Infancia, which signed an agreement
with the municipal councils CECODIN (in Asunción) and CODENIS
(in the
interior) concerning the publicizing of the Convention. Thus, during Rights of
the Child Week in 1997, with the support
of the Ministry of Education and
Worship, the Convention was widely publicized in schools in the capital and in
the interior, using
head teachers, supervisors and teachers and following a
cultural agenda. The newspaper ABC Color also helped by printing for
distribution 5,000 copies of material on the Convention.
160. Under a
cooperation agreement with the municipality of Asunción, Global Infancia
held training days for government attorneys
and municipal
employees.
161. The NGOs mentioned below also supported the advocacy and
application of some of the rights set out in the Convention.
162. The 25
November women's collective, which provides legal aid in cases when the law is
involved; Pastoral Social; the Health for
All Mutual Aid Centre (CAMSAT);
Bañado Tacubú; and the Vida Abundante public advocacy collective
(Bañado San
Cayetano). All these NGOs have been involved in campaigns to
encourage registration in the Civil Register promoted by the CECODIN
programme
and supported by the Directorate-General for Civil Registry.
- The participation of children in any of these
activities
163. A special programme of leisure activities and
training workshops is carried out during Rights of the Child Week to inform
children
about their rights. This programme uses game-playing as a support tool
and distributes leaflets, fliers, posters, etc. In 1997,
697 children in eight
districts of Asunción took part in this programme. Districts in the
interior, especially the towns
which have a children's protection centre, held
their own events during the Week but there are no detailed records of the
activities.
Despite the efforts made, it is difficult to carry out such
programmes country-wide owing to factors such as lack of resources,
geographical
remoteness, and uncertain weather, which may impede the usual access to
education centres and other facilities in the
interior.
- The process of preparation of the present report, in particular the
extent to which governmental departments, at the central, regional
and local
levels, and where appropriate, at the federal and provincial levels,
participated, and non-governmental organizations were
involved. An indication
should also be given of the number of non-governmental organizations which
participated in the preparation
of the report
164. The first step
taken to gather reliable information by sector and by area was to plan a series
of interinstitutional meetings,
followed by meetings with the Coordinating
Office for the Rights of the Child. These meetings emphasized the importance of
this
report, the obligation to do the work, and the benefits of broad
collaboration. For the collection of information, questionnaires
were prepared
for each participating agency in the light of its field of action. The
participants showed a clear interest in collaborating
and also indicated the
names of other institutions which might be brought in.
165. Visits were
also made to the interior of the country to the offices of governors and mayors,
which were supplied with copies
of the relevant questionnaires. The governor's
offices showing the greatest interest were in Ciudad del Este, Coronel Oviedo,
Misiones
and Villarrica; they immediately provided statistical
data.
166. The data collection follow-up work began from that date; it
was this exercise that revealed the genuineness of the interest of
the bodies
requested to supply information. One of the first among them was the Technical
Planning Secretariat, which proved a rich
source of information. Cooperation
was also delivered by the Civil Registry, the Community Centre for the
Protection of Children,
the National Anti-AIDS Programme of the Ministry of
Public Health and Social Welfare, the National Children's Home, the National
Indigenous Institute, the Church Committee for Emergency Assistance, the Coronel
Panchito López reeducation institute, the
Casa del Buen Pastor, the Juana
María de Lara women's prison, the National Anti-drugs Secretariat, the
Attorney-General's
Office, and the National Centre for the Protection of the
Rights of the Child. Other collaborators included the Ministry of Education
and
Worship, the National Institute for the Protection of Exceptional Persons, the
Directorate for Crime Policy and Criminology,
the Coordinating Office for the
Rights of the Child, the Centre for the Protection of the Rights of the Child
(CECODENIS), and the
Women's Training and Studies Service.
167. The
UNICEF-Paraguay Action Plan for 1998, entitled "Convention on the Rights of the
Child: National Plan of Action for Children
and Social Policies", the
counterpart for which is the Ministry of Justice and Labour, planned a national
study workshop to revise
the draft report on the rights of the child in Paraguay
1997-1998 to be attended by representatives of governmental and non-governmental
organizations. This workshop was held on 22 and 23 June. Before that date the
draft report was distributed to the participants
for their consideration. The
idea was that they should offer their inputs, corrections and amplifications, as
well as confirming
the information contained in the report, so that the final
document would reflect the true situation in the country.
- The steps taken to publicize the report, to translate and disseminate
it in the national, local, minority or indigenous languages.
An indication
should be given of the number of meetings (such as parliamentary and
governmental conferences, workshops, seminars)
held, the number of programmes
broadcast on radio or television, the number of publications issued explaining
the report and the
number of non-governmental organizations which participated
in such events during the reporting period
168. Within the framework
of the cooperation project described in the preceding paragraph the plan was to
publish the observations
of the Committee on the Rights of the Child,
disseminate them and translate them into Guaraní. The intention was also
to
publish the information submitted by Paraguay to the United Nations in 1994,
1996 and 1998 and publicize it nationally.
- The measures adopted or foreseen to ensure wide dissemination and
consideration of the summary records and the concluding observations
adopted by
the Committee in relation to the State party's report, including any
parliamentary hearing or media coverage. Please
indicate the events undertaken
to publicize the concluding observations and summary records of the previous
report, including the
number of meetings (such as parliamentary or governmental
conferences, workshops, seminars) held, the number of programmes broadcast
on
radio or television, the number of publications issued explaining the concluding
observations and summary records, and the number
of non-governmental
organizations which participated in such events during the reporting
period
169. In October 1996 the PNAI Technical Committee published in
the press the observations and recommendations of the Committee on
the Rights of
the Child in connection with the list of questions to be answered following its
consideration of Paraguay's initial
report. The Coordinating Office for the
Rights of the Child cooperated in this undertaking.
170. The plan is give
wide publicity to Paraguay's subsequent reports, including the Committee's
observations, recommendations and
main areas of concern, under a project
operated with UNICEF support by Directorate-General for Human Rights of the
Ministry of Justice
and Labour. The Committee's observations and
recommendations were made public at the workshop on 22 and 23 June, and an
evaluation
was made of the content to confirm its accuracy. These materials
will later be disseminated through all the communication media.
II. DEFINITION OF THE CHILD
(article 1)
- Any differences between national legislation and the Convention on the
definition of the child
171. There is a marked difference between the
definition of the child in national legislation and in the Convention.
According to
article 1 of the Convention, "a child means every human being below
the age of eighteen years".
172. Article 1 of the Juvenile Code (Act
No. 903/81) defines a child in the following terms: "This Code regulates
the rights and guarantees
of minors from their conception until they attain the
age of 20 years, the point at which minority ends and majority
begins".
173. Article 1 of the draft Children's Code, which will be
examined during the next legislative session, states:
"This Code establishes and regulates the rights and duties and the
protection of all human beings from their conception until the
day on which they
reach the age of 18 years.
For the purposes of this Code, a person shall be regarded as a child until
the age of 12 years and as an adolescent from the age
of 12 years until the day
on which he or she attains the age of 18 years.
In the event of any doubt or discrepancy in relation to age, the status of
child or adolescent shall be presumed".
- The minimum legal age defined by the national legislation for the
following:
. Legal and medical counselling without parental
consent
174. Legal and medical counselling is free for everyone; this
means that any person in full possession of his mental powers may have
access to
such counselling if he wishes. Paraguay's legislation, (Juvenile Code, art. 1)
states:
"The rights and guarantees of minors obtain from their conception until they
attain the age of 20 years, it being understood that
the exercise a minor's
rights may be sought by himself or by any third party in the event that the
minor lacks the power of reason
or has a physical or mental disability which
impedes the use of that power".
. Medical treatment or surgery
without parental consent
175. The possibility of medical treatment or surgery without parental consent is not established by any law, but by application of the constitutional guarantees and the Juvenile Code the judicial authorities may, subject to a legally valid application to this effect, order medical treatment or surgery without parental consent when a human life is at risk.
176. However, article
18 of the draft Children's Code states:
"On surgical intervention when there is risk of death:
Public and private medical facilities shall be obliged to obtain the
authorization of the parents or guardians, or of a juvenile
court when
appropriate, in order to commit a child to hospital, perform surgery on him, or
provide the necessary treatment when his
life or integrity are at risk. In the
event of opposition by the parents or guardians on cultural or religious
grounds, the medical
professional shall require judicial authorization. If
there is a risk of death, the medical professional shall be obliged to proceed
as medical science indicates and to communicate his decision immediately to the
juvenile court".
177. In 1995 the intervention of a judge was sought in
order to save the life of a boy being treated in a well known private hospital
in Asunción, when the parents opposed surgery on religious
grounds.
. End of compulsory education
178. According to
the Constitution, compulsory education ends at age 12. However, rural children
have a high drop-out rate before that age owing to economic
problems.
179. Since the initiation of the Education Reform in 1993 basic
education has been for a period of nine years, from age six to
15.
180. However, according to a 1997 report of the Technical Planning
Secretariat the statistical systems of the Ministry of Education
and Worship
still do not reflect this situation.
181. Article 18 of the draft
Children's Code ("On free primary education") states: "The State shall provide
free pre-primary and primary
education for children and adolescents,
establishing the necessary conditions for them to enrol and remain in
school".
182. Article 29 ("On compulsory enrolment and attendance")
states: "It shall be compulsory for children and adolescents to enrol in
and
attend pre-primary and primary school. Their parents or other legally
responsible persons shall be responsible for compliance
with this
obligation".
. Marriage
183. The civil law provides that young people of
either sex make marry from the age of 16 with their parents' consent or by
judicial
authorization.
184. Article 178 of the draft Children's Code
states:
"A juvenile court may authorize the marriage of adolescents in accordance
with the provisions of the Civil Code. Before taking a
decision the court shall
hear the opinion of the adolescents concerned and, if necessary, shall order
action by specialized personnel
in order to ensure observance of their
rights".
185. The proportion of minors marrying has declined in recent
years by 20%, probably owing to factors such as lack of income to maintain
a
household or a wish to obtain a job or occupation as a means of
survival.
186. Middle-class young women are more likely to complete their
tertiary or university education before marrying.
. Sexual consent
187. National legislation does not specify a
minimum age for consent or validation of consent to sexual
relations.
188. Article 135.1 of the Criminal Code in force since 1
November 1998 states with respect to punishment for sexual abuse of children:
"Any person who commits a sexual act with a child or who induces a child to
commit such an act directly or with third persons shall
be punished by
deprivation of liberty for up to three years or by a fine...". Article 8
states: "For the purposes of this article,
child shall mean a person aged under
14 years". The current Criminal Code provides that the abduction of a girl aged
under 14, even
with her consent, shall be punishable by imprisonment.
. Voluntary enlistment in the armed forces
. Conscription into the armed forces
189. Military service is
compulsory; article 129 of the Constitution states:
"Every male Paraguayan has an obligation to undergo training and to assist
in the armed defence of the fatherland.
Compulsory military service shall be established for this purpose. The law
shall regulate the conditions for performance of this
duty.
Military service shall be performed with full dignity and respect for the
person. In peace time it shall not exceed 12 months.
Women shall not perform military service except as auxiliaries during an
international armed conflict".
190. The obligation referred to in the
Constitution applies from the age of 18.
191. Any person stating a
conscientious objection has to perform service of benefit to the civilian
population through assistance
centres designated by law and under civil
jurisdiction. The regulation and exercise of this right must not be punitive or
impose
heavier burdens than those established for military
service.
192. Personal military service not stipulated by law or for the
benefit or profit of private individuals or entities is
prohibited.
193. The law is required to regulate the contribution of
foreigners to the national defence.
194. Article 37 states:
"Conscientious objection on ethical or religious grounds shall be recognized in
the cases allowed by this
Constitution and by law".
195. However, there
have been reports of ill-treatment and forced recruitment and even of deaths
caused by excessive physical exertion.
196. The press has published
information based on surveys of parents of minors performing military service
which indicate that some
parents permit their sons to enlist for military
service before the regulation age of 18 as a means of improving their livelihood
in terms of food and a certain level of education. Given this situation, the
Government made a commitment to the Inter-American
Commission on Human Rights,
dated 25 March 1998, in the following terms:
(i) Cessation of forced military recruitment;
(ii) Cessation of the acceptance of persons aged under 18 for compulsory
military service, except by judicial order. It was suggested
to this end that a
joint national information and awareness campaign should be undertaken for the
general public and for young men
and their parents in particular, publicizing
the importance of not performing military service before the age established by
law;
(iii) Planning and operation of an effective basic medical examination
service for recruits. A special section will have to be included
in the
armed forces budget for this purpose. For the initiation of this medical
examination service international aid may be used
to meet the financial
requirement until the new section is included in the national
budget.
197. It must also be stressed that, although there are no
regulations on conscientious objection (apart from the provision in the
Constitution), in practice the young men who opt for it cite grounds such as
their personal ethics, values and principles, religion and in some
cases their
education plans. If they wish, secondary students may perform their military
service exclusively during the summer holidays.
Attention must however be drawn
to the lack of sound regulations in this area.
. Criminal responsibility
198. According to article 18 of the
current Criminal Code, the age of criminal responsibility is 14 years.
Similarly, the new Criminal
Code, which enters into force on 1 November 1998,
states that "a person who has not attained the age of 14 years shall be exempt
from criminal responsibility".
199. Article 219 of the Juvenile Code
states:
"Minors under the age of 14 years may not be prosecuted. If such a minor is
charged with an unlawful act, he may not be tried or
punished by an ordinary
court. All such cases shall be heard by a juvenile court, and the rules
contained in this Code shall apply".
. Deprivation of liberty, including by arrest, detention and
imprisonment, inter alia in the areas of administration of justice,
asylum-seeking and placement of children in welfare and health
institutions
200. Deprivation of liberty covers such deprivation on
non-criminal grounds (neglect, state of risk, and even "disciplinary measures")
as well as on criminal grounds. All these grounds apply equally to children
aged under 14.
201. Article 294 of the Juvenile Code states:
"Pre-trial detention shall not be imposed on children aged under 14 years,
who shall remain in the custody of their parents, guardians
or custodians except
when they are in some physical or moral danger. In the latter case the court
may order them to be placed in
an establishment intended for their custody or
entrusted to the custody of other persons, whether or not related to
them".
In such cases the court may decide, having considered the charges
against the child and taking into account his psycho-physical, moral,
social and
cultural condition:
(a) To return the child to his parents, guardians
or custodians or to other persons legally responsible for him with a
caution;
(b) To entrust him to his parents, guardians or custodians or
to other persons legally responsible for him or to third parties,
subject to
supervision by an inspector;
(c) To place the child in the care of some
other person in order that he may continue to live in a family, subject to
careful verification
that the designated person satisfies the requirements of
honesty and good moral standing and has the capacity to supervise the child's
upbringing;
(d) To order the placement of a child aged at least 12
years for a period not exceeding two years in a special reeducation
establishment
or in some other place deemed suitable for him;
(e) To
revoke or amend any of the measures ordered when this is deemed to be in the
child's interest.
202. The provision contained in subparagraph (d) fits
perfectly with the service provided by the Instituto del Mañana, a
shelter
for young offenders aged seven to 13, already described in the initial
report under question 42.
203. These measures are of a disciplinary and
protective nature. Detention measures are also available, and according to the
Criminal
Code they may be applied to children from the age of 14, the age at
which they become criminally responsible for their actions.
This topic and the
related arrangements is dealt with in the section on children in conflict with
the law (see below, section 132
of the general guidelines).
. Capital punishment and life imprisonment
204. Paraguay's
legislation does not contemplate capital punishment or life
imprisonment.
. Giving testimony in court, in civil and criminal
cases
205. Children may validly testify in court from the age of 16
years, and younger children may be called upon to make information
statements.
206. Article 305 of the Juvenile Code states that in any
correctional procedure children are allowed to make whatever statements they
may
wish in their defence. No legal age is specified in this connection. However,
the current Code of Criminal Procedure stipulates
the age of 14 years for
testifying in criminal cases.
207. It must be stressed that the new Code
of Criminal Procedure, whose entry into force is envisaged for June 1999, states
that "any
person" (without mentioning any age limits and thus including
children) may testify in court in both civil and criminal cases; the
rights
recognized in the Code also include the right not to testify.
. Lodging complaints and seeking redress before a court or other
relevant authority without parental consent
208. Article 54.2 of the
Constitution states: "Anyone may require the competent authority to enforce
these guarantees and punish violators".
209. The Juvenile Code stipulates
that the responsibility for parental authority rests primarily with the parents.
Otherwise, the
Juvenile Attorney's Office makes good the absence of paternal or
maternal authority with the consent of a juvenile court.
210. A Juvenile
Complaints Department was established in the Attorney-General's Office in
July 1997 with a view to providing a better
service for the public.
Previously, all complaints were received by the duty officer. This situation
created an excessive workload
for the duty officer and made it difficult for him
to give proper attention to the persons coming to the office. This was the
reason
for the establishment of the Juvenile Complaints Department; it is headed
by a member of the Attorney-General's staff, who is responsible
for the receipt
of reports of acts of violence committed against persons up to the age of 20
years. The situation differs in the
case of child perpetrators who have
committed offences envisaged and punished by the law, when complaints are
accepted about children
aged up to 14 years.
211. The complaints recorded
by the duty officer are examined and processed in the Department and then
transmitted to a guardianship
or correctional court as
appropriate.
212. Children may lodge complaints directly or through a
representative.
213. On 15 July this year the Attorney-General met with
the staff of the Public Prosecutor's Office and decided that, once the 10
May
elections were completed, the electoral attorneys should transfer their
attention to ordinary cases, giving emphasis to those
concerning children at
risk, and thus collaborate even more closely with the justice system.
. Participating in administrative and judicial proceedings affecting the
child
214. The last paragraph of article 54 of the Constitution
states: "In the event of a conflict, the rights of the child shall
prevail".
215. In proceedings of this kind the child's opinion is taken
into account on the basis of his best interests (although this is not
required
by the Juvenile Code), especially in judicial cases, in accordance with the
Convention, which is part of positive domestic
law.
. Giving consent to change of identity, including change of name,
modification of family relations, adoption, guardianship
216. On the
question of change of identity or name article 42 of the Civil Code
states:
"All persons shall have the right to a name and surname, which must be
entered in the Civil Register. Only a court may authorize,
for just cause, any
change in or addition to a name or surname".
This article means that only
a court may authorize a change of name and only for just cause, as would occur
in the case of a person
having a comical name, or in cases of homonyms, etc.
For such a change to be authorized the person must be of age or have his
parents'
legally certified consent.
217. Article 19 of the new Adoption
Act (No. 1136) states:
"From the age of 12 years a minor may give his consent to adoption after a
period of living with the prospective parents. In all
cases the court shall
take into account the child's opinion on the proposed adoption. In the case of
children aged under 12 years,
the court shall evaluate the child's opinion in
the light of his development and maturity".
The Juvenile Code makes no
reference to a child's age in connection with award of custody. But article 208
of the draft Children's
Code states:
"Before awarding custody the court shall first hear the child and consider
his opinion in the light of his maturity and level of
development".
This
marks a big step forward in domestic legislation: taking account of the child's
opinion when deciding who shall exercise the
functions of his parents. Although
no specific age limit has been set, the child's degree of maturity and
development is taken into
consideration.
. Having access to information concerning the biological
family
218. On 17 September 1997 the Public Prosecutor's Office
signed a cooperation agreement with UNICEF and the NGO Global Infancia on
the
start-up of a project entitled "Computerized monitoring of child adoption
records", which consists of a database designed to
systematize the monitoring of
post-adoption reports and requests submitted to the Office to trace the
biological parents of children
given in international adoption. This ensures
compliance with article 8 of the Convention, which guarantees the right to an
identity
for children given in adoption and the subsequent re-establishment of
their identity.
219. Article 5 of the new Adoption Act states: "Adopted
children have the right (1) to know their origins, in accordance with the
procedures established in this Act".
220. Article 22 of the Act
states:
"Persons whose filiation is unknown shall be regarded as children of unknown
parents. When a competent court has been informed of
the existence of a child
whose biological parents are unknown, after hearing the opinion of the Juvenile
Attorney and the Guardianship
Counsel it shall order an exhaustive investigation
to trace the parents or members of the biological family. The investigation
shall
last a minimum of 90 days, and this period may be extended by decision of
the court. If the parents or family members are located,
a period of
maintenance of the family link must be initiated with them. If the time-limit
expires without location of the parents
or family members, the court shall
declare the child for adoption".
221. There is thus no established
minimum age. This means that the interpretation of the law allows children,
with no age restriction,
to have access to all information concerning their
biological parents. What is more, the juvenile court itself assumes
responsibility
for tracing the parents.
. Legal capacity to inherit, to conduct property
transactions
. To create or join associations
222. The legal capacity to inherit exists from the moment of conception. In matters connected with the ownership of property a child executes the corresponding commercial act or transaction through his legal representatives or with the consent of a court. Membership of political parties is permitted as soon as a child acquires citizenship at age 18. Generally speaking, membership of non-political associations is governed by the statutes or regulations of the association in question without any legal restriction.
. Choosing a religion or attending religious school
teaching
223. The practice of religion in all its aspects is a matter
of free choice for citizens in general. This applies to children with
the sole
restriction that, in the event of a conflict, their legal representatives are
backed by the judicial authorities. The freedom
of worship is a constitutional
guarantee.
. Consumption of alcohol and other controlled
substances
224. National legislation prohibits the consumption of
alcohol by children. This prohibition is publicized by mandatory official
means
established and supervised by the Ministry of Public Health and Social Welfare.
Controlled substances may be acquired for
consumption by children only under
medical supervision, for which the Ministry is responsible. Although the sale
of alcohol to children
and its consumption by children is prohibited by law, the
control systems are weak and virtually without effect.
- How the minimum age for employment relates to the age of completion of
compulsory schooling, how it affects the right of the child
to education and how
relevant international instruments are taken into
account
225. Compulsory schooling is provided for in article 30 of
the Juvenile Code, but school attendance is seriously affected in Paraguay
by
the high drop-out rate. One of the factors working against attendance is that
29% of the population of school age stays away
for economic reasons, 21% working
to support the family budget; this situation is encouraged by the labour
legislation, which allows
children to work from age 12.
226. Measures to
correct this problem will be brought in following the adoption of the draft
Children's Code, article 95 of which
states: "Children under the age of 13 years
are prohibited from working for others". This Code also establishes clear
conditions,
prohibitions and guarantees with respect to child labour; its entry
into force will solve one of the big problems of Paraguayan society.
- In cases where there is a difference in the legislation between girls
and boys, including in relation to marriage and sexual consent,
the extent to
which article 2 of the Convention has been given
consideration
227. Paraguay's legislation makes no distinction
between the sexes with respect to marriage and sexual consent, as already
pointed
out in answer to question 11 in the list of questions. As required by
article 2 of the Convention, the Civil Code as partially amended
by Act
No. 1/92 states:
"Persons between the ages of 16 and 20 years shall require the consent of
their parents or guardians for contracting marriage. If
one of the parents is
incapacitated, the consent of the other shall suffice. If both parents are
incapacitated or have lost parental
authority, the juvenile guardianship court
shall decide".
The Civil Code also stipulates that children aged under
16 may not marry except by special dispensation in exceptional circumstances
from age 14 by decision of the juvenile guardianship court. The measures for
application of this provision of the Convention are
still not satisfactory in
practice, usually owing to ignorance of them but also for cultural reasons,
including extremely authoritarian
attitudes surviving from earlier times, not to
mention political, social and economic factors.
- In cases where the criteria of puberty is used under criminal law, the
extent to which this provision is differently applied to
girls and boys, and
whether the principles and provisions of the Convention are taken into
consideration
228. National legislation now places girls and boys on
an equal footing, no longer regarding puberty as a criterion in criminal law;
it
can thus be seen that the principles and provisions of the Convention have been
taken into consideration.
III. GENERAL PRINCIPLES
A.
Non-discrimination
(article 2)
229. Non-discrimination is a constitutional
principle. The Constitution addresses non-discrimination in the following
provisions. Article 46 states:
"All the inhabitants of the Republic are equal in dignity and rights.
Discrimination shall not be permitted. The State shall remove
the obstacles to
non-discrimination, together with the factors which maintain or favour
discrimination. The measures of protection
introduced to combat unfair
inequalities shall not be regarded as discriminatory [...]".
230. Article
53 states:
"Parents have the right and the duty to care for, maintain, educate and
protect their minor children. They shall be punished by
the law if they fail to
fulfil their maintenance obligations. [...] The law shall regulate the
provision of assistance to families
with many children and to women heads of
family. All children are equal before the law. The law shall facilitate the
investigation
of paternity. No comment on filiation shall be permitted in
personal documents".
231. Article 54 ("On the protection of children")
states:
"The family, society and the State have an obligation to ensure children's
harmonious and comprehensive development and the full
exercise of their rights,
protecting them against neglect, malnutrition, violence, abuse, trafficking and
exploitation. Anyone may
require the competent authority to enforce these
guarantees and punish violators. In the event of a conflict, the rights of the
child shall prevail".
232. Article 58 ("On the rights of exceptional
persons") states:
"Exceptional persons shall be guaranteed health, education and leisure
services and vocational training for full integration in society.
The State
shall institute a policy for the prevention of disability and for the treatment,
rehabilitation and integration of persons
having physical, mental and sensory
disabilities, who shall be furnished with the specialized care that they
require.
234. The Juvenile Code has
no specific provisions on equality. This is not true of the draft Children's
Code, article 3 of which
states:
"This Code shall apply to all children and adolescents living in Paraguayan
territory without any exceptions, regardless of race,
colour, sex, language,
religion, political or other opinion, national origin, ethnic or social origin,
economic position, physical
impediments, or any other circumstance of the child
or adolescent or of their parents, family members, guardians or other persons
legally responsible for them".
In the light of this article, it can be
affirmed that the draft Code has indeed been based on the provisions of the
Convention, as
adapted to the Paraguayan situation.
235. The only
distinction affecting foreigners are that they are permitted to vote only in
municipal elections and may not hold public
office, for which Paraguayan
nationality by birth is required. Apart from that, they have the same rights
and duties as any other
inhabitant of the national territory.
236. The
Education Reform Council included in the new curriculum, in place since 1993,
the teaching and advocacy of human rights and
the equality of status and
opportunity in all the services provided by the Government. The creation of
several institutions, such
as the National Centre for the Protection of the
Rights of the Child (CENADI), and others dealing with indigenous affairs, such
as
the National Indigenous Institute, the Paraguayan Association for Indian
Affairs, etc., guarantees the practical application of the
articles of the
Constitution cited above for the benefit of the indigenous
peoples.
237. As to the measures taken to eliminate all discrimination in
law, there is a battery of legislation proclaiming equality in all
spheres, as
can be verified from the answers to earlier questions.
238. But
discriminatory practices persist; they are closely linked to deeply rooted
cultural patterns which are gradually being eliminated.
239. Article 46 of the Constitution
states:
"All the inhabitants of the Republic are equal in dignity and rights.
Discrimination shall not be permitted. The State shall remove
the obstacles to
non-discrimination, together with the factors which maintain or favour
discrimination.
241. The last
part of article 53 states: "All children are equal before the law. The law
shall facilitate the investigation of paternity.
No comment on filiation shall
be permitted in personal documents".
242. Article 58 refers to
exceptional persons [i.e. persons with special needs], and its last paragraph
states: "They shall be accorded
the enjoyment of the rights which this
Constitution grants to all the inhabitants of the Republic with equality of
opportunities, in order to compensate for their
disadvantages".
243. Article 63 states:
"The right of indigenous peoples to preserve and develop their ethnic
identities in the own lands shall be recognized and protected.
They shall also
have the right to apply freely their systems of political, social, economic,
cultural and religious organization
and to apply a system of voluntary
compliance with their customary laws for the regulation of their internal
relations with each
other, provided that such laws do not encroach on the
fundamental rights established in this Constitution. Customary indigenous law
shall be taken into account in jurisdictional conflicts".
244. Article 65
states: "Indigenous peoples shall be guaranteed the right to participate in the
country's economic, social, political
and cultural life, in accordance with
their customary practices, this Constitution, and national
law".
245. Article 88 ("On non-discrimination") states: "No
discrimination shall be permitted between workers on grounds of race, sex, age,
religion, social status, or political or trade-union
preferences.
246. "The labour of persons with physical or mental
impediments or disabilities shall enjoy special protection".
247. The
fundamental objective of the Councils on the Rights of the Child (CODENIS), set
up in 1995 in some 27 municipalities in the
interior of the country is to
ensure children's comprehensive development. There are also programmes
sponsored by the Secretariat
for Social Action of the Office of the President,
the Secretariat for Youth, the Secretariat for Women, and other agencies working
in this field.
248. There are national centres and homes which provide
shelter for children victims of some situation who require a temporary home.
In
these institutions children receive food and lodging and usually some education
and job training. They include: Casa Cuna Doctor
Carlos Santiago, Don Bosco
Róga, the Santa Teresita children's home, the National Children's Home,
the San Francisco de Asís
children's home, the Rosa Virginia children's
home, the Instituto del Mañana, Pequeño Cottolengo Paraguayo Don
Orione,
and Hogar Santa Eufrasia.
249. There are institutions offering
training and rehabilitation programmes for the disabled, such as the National
Institute for the
Protection of Exceptional Persons, TELETON, the Association of
Parents and Friends of the Mentally Disabled, the Jasmin Foundation,
etc.
250. There is no policy for rural areas to reduce the discrimination
suffered there with respect to basic rights such as health, education
and
work.
251. Article 48 of the
Constitution states:
"Men and women have equal civil, political, social, economic and cultural
rights. The State shall promote the conditions and create
suitable mechanisms
for this equality to be real and effective, smoothing out the obstacles to its
exercise and facilitating women's
participation in all spheres of national
life".
252. In the case of discrimination against young women, the legal
measures for protection of their rights are implemented through
the Secretariat
for Women, which offers several types of assistance in accordance with the
recommendations of the Fourth World Conference
on Women, including the
distribution of leaflets on this subject, training sessions, talks, conferences
and radio programmes. Since
1993 the Office of the First Lady has been carrying
out a "Human Development" programme involving more than a thousand women's
committees,
which are given support in production and training projects, with
special emphasis on rural areas. NGOs offer assistance with specific
aspects of
these projects. These NGOs include the Jasmin Foundation, Kuña Aty, the
25 November collective, the Women's Studies
Group, the Centre for the
Advancement of Women, the Women Politicians' Network, the Municipal Women's
Network, the Lawyers' Association
of Paraguay, the Lawyers' Circle of Paraguay,
the Coordinating Office for Paraguayan Women, and the Women's Training and
Studies
Service.
253. The Technical Planning
Secretariat has had a large national database on this subject since 1996,
disaggregated according to a
set of indicators. There are also some figures
produced by the Directorate-General for Statistics, Surveys and Censuses, which
is
responsible for gathering information on Paraguay's
population.
254. The Secretariats of State, including the Ministry of
Public Health and Social Welfare, and more specifically the Secretariat
for
Youth of the Ministry of Education and Worship, keep detailed records on this
subject.
255. The public and private bodies mentioned
above are responsible for measures to prevent and eliminate such attitudes in
order to
improve the lot of children. NGOs play a leading role in supporting
the efforts of the Education Reform Council to publicize and
advocate the rights
of the child and their protection. In addition, the Reform itself encourages
the elimination of discrimination
and seeks to secure precisely that equality of
rights of all the country's inhabitants stipulated in the Constitution by
furnishing free and accessible schooling at all levels, including special
education for persons with special needs and indigenous
groups.
256. The Constitution adopted in June 1992
specifically establishes these rights for all the country's citizens in article
24 ("On freedom of religion
and beliefs") and in article 26 ("On freedom of
expression").
257. Discrimination against children of divorced parents
still exists in practice, particularly in church schools. Pregnant girls
are
not permitted to continue their studies either in private schools or, more
exceptionally, in public ones.
258. The main problems
are cultural and amount basically to gender discrimination, especially in
traditional practices; the situation
is worst in the interior, where the
prevailing notion is that women's place is in the home, this being understood as
covering all
household tasks, for which no formal education is required.
Another persistent problem is discrimination against indigenous groups,
which
often live in degrading circumstances. Nevertheless, some schools and workshops
have been established for them in their local
areas, usually coordinated by
NGOs, which do effective work.
259. The incidence of violence in the
family is very high, but there are no reliable records since the victims, out of
fear or shame,
usually do not report such violent incidents. This type of
violence claims its daily victims, which commonly include women and
children.
260. Where employment is concerned, inequality persists between
the wages paid to men and women for equal work.
B. Best interests of the child
(article 3)
261. All the legislation adopted since the
Convention entered into force in Paraguay takes into account the best interests
of the
child; such legislation includes the Constitution, the Adoption Act, the
Civil Code, the Criminal Code, and the Juvenile Code; moreover, the draft
Children's Code embodies this principle
in its entirety.
262. The courts of law
attach vital importance to the principle of the best interests of the child, for
they put into practice the
Convention and the principles set out in the current
Juvenile Code. The same cannot be said of the administrative authorities, with
the exception of specific bodies such as the Ministry of Education and Worship,
which has been promoting the Education Reform and
its provisions designed to
secure respect for the best interests of the child as a fundamental
principle.
- The placement and care of children in institutions
263. The
State and several private bodies have institutions for the placement of
children. These care institutions, which do not
receive the necessary resources
from the State to put into practice the best interests of the child, turn to
social organizations
in order to be able to achieve this goal in part. And
sometimes they work in conjunction with local authorities such as municipal
and
departmental governments in the interior, bringing particular benefit to rural
children.
264. The courts can order neglected children and children at
risk to be returned to their parents, guardians or custodians under the
supervision of an inspector or to be placed in a care institution. Children
aged 12 or over may be placed for a maximum period of
two years in a special
reeducation establishment. The public prosecutors and the courts also take the
best interests of the child
into account when having a child placed or cared for
in a non-prison institution as a corrective or disciplinary measure when he
is
homeless or cannot be returned to his parents or relatives because he
constitutes a physical or moral danger to them.
265. The draft Children's
Code (art. 53) goes even further in respect of the application of protection
measures in conformity with
the best interests of the child.
- Budgetary allocations, including at the central, regional and local
levels, and where appropriate at the federal and provincial
levels, and within
governmental departments
266. Very little attention is given to the
best interests of the child in budgetary allocations, for priority is still not
assigned
to health, education, culture and social assistance, which receive very
small allocations; this causes conflicts that may result,
for example, in
suspension of services or in strikes, mostly by medical and teaching personnel,
which have a direct impact on children.
267. It is hoped that the new
Government, which takes office next August, will take the best interests of the
child into consideration,
not only in budgetary allocations but in all its
actions, for every present undertaking will have a future harvest in new
generations
of adults who are today's children.
- Planning and development policies, including housing, transport and
environmental policies
268. The development of housing, transport and
environmental policies is in its infancy. One example of this development is
the implementation
of a housing programme with a direct IDB subsidy:
15 projects delivering 2,359 housing units have come into being since the
start
of this programme in 1995.
269. In addition, 6,000 housing mortgage
loans have been granted through the National Housing Bank and the institutions
of the savings
and loan system. Children are indirect beneficiaries of these
developments.
270. There is no respect for the needs of children on
public transport, as is clearly shown by the ill-treatment to which they are
often subjected when they have to take public transport. An awareness campaign
is needed in this area. The situation is totally
different in private school
transport, and it must be assumed that problems of this kind can be solved by
parents, for this private
transport serves only middle- and upper-class
families.
271. In theory, children enjoy half-price travel on public
transport, but very few transport workers respect this concession and in
practice they are more likely to demand full fare.
272. Environmental
conservation projects sponsored both by local authorities and by NGOs have
increased in the 1990s. Most of these
projects pay attention to the need to
care for the environment as a preventive measure for the survival of all
mankind, and the younger
generations are manifestly active in this area.
- Adoption
273. Article 2 of the Adoption Act
(No. 1136/97) states: "Adoption is available as an exceptional means of
protecting children and
it is a function of the best interests of the
child".
- Immigration, asylumseeking and refugee
procedures
274. Paraguay has a tradition of welcoming immigrants,
asylum-seekers and refugees, who are protected by the Constitution and a number
of specific laws.
- The administration of juvenile justice
275. Juvenile
attorneys and the guardianship and correctional courts, in conformity with the
principles of the Convention on the Rights
of the Child and the United Nations
Minimum Rules for the Administration of Juvenile Justice, always bear the best
interests of the
child in mind when taking decisions affecting juvenile
offenders; it is precisely for this purpose that they hold hearings to enable
children to express their opinions. But these best interests are not considered
during their trials or with regard to their protection
when in detention, for
cases occur in which children are imprisoned despite their immunity from
prosecution. Further information
will be found in the section on children in
conflict with the law.
- Social security
276. Paraguay's social security system
consists of the Social Security Institute and seven independent funds: the
Government Fund,
the Railways Fund, the Municipal Fund, the Banking Fund, the
Parliamentary Fund, the ANDE Fund, and the ITAIPU Fund; they provide
members and
their families with invalidity and survivor's benefits, but in only some cases
payments in respect of incapacity to work,
as well as accident, sickness and
maternity benefits. In other cases, apart from the services provided by the
health facilities
of the Ministry of Public Health and Social Welfare, people
resort to private or mutual institutions.
277. Children have access to
these social security services through a parent beneficiary, but there is no
State-funded social security
scheme exclusively for children.
278. The deferral of consideration of the
draft Children's Code to the next legislative session has delayed the entry into
force of
a fundamental instrument, whose adoption, with all its good and bad
points, is a matter of urgency for the protection of children's
rights.
279. As already pointed out, paragraph 34 of the Education Reform
constitutes one administrative measure that does take into account
the best
interests of the child.
280. All the public and private
institutions responsible for the care or protection of children must comply with
minimum certification
requirements: safety standards, medical staff, a dentist,
a psychologist, a social worker, domestic staff, two cooks, three housemaids,
and five nursemaids.
281. In addition, these establishments are visited
by such organizations as the Volunteer Fire Brigade, which undertakes to
instruct
the children and the staff about what to do in the event of fire,
earthquake, accident, abduction, etc.
282. Where health and safety are
concerned, these establishments have personnel trained in first aid, but a child
requiring emergency
treatment will have to be taken to a medical
facility.
283. Staff members do not always receive much training in the
principles of the Convention; this depends on the institution's
managers.
284. These standards are not in practice supervised; according
to the Juvenile Code, this is a matter for the Directorate-General
for the
Protection of Juveniles.
285. These are the main
problems:
(1) The precariousness of the economic situation, which means that
thousands of Paraguayan children, at least, have to work to earn
a living and
that others have to engage in various "sub-occupations" out of extreme
necessity. Furthermore, child prostitution is
one of the scourges of Paraguayan
society;
(2) The school drop-out rate, especially in rural areas and among the
children of farmers, for children constitute farm labour;
(3) It is not a priority policy of the State to ensure satisfactory health
services for children;
(4) In some parts of the country there is a lower take-up by children of
primary education owing to poor diet and nutrition.
286. The country's ruling class has so
far not taken cognizance of "the best interests of the child". Although the
teacher-training
schools and other higher-education institutions do teach this
topic, it is unfamiliar to society at large.
C. The right to life, survival and
development
(article 6)
287. The right to life is embodied in article 4 of
the Constitution and in other articles of title I, section I, chapter
5 ("On torture and other crimes" and "On quality of life").
288. National
legislation (Civil Code, Labour Code, Criminal Code, Code of Criminal Procedure)
contains specific measures to protect
these rights.
289. The Education
Reform and its educational programmes emphasize the right to life and are based
on a philosophy of ensuring children's
comprehensive physical, mental,
spiritual, moral, psychological and social development by establishing a
framework of respect, harmony
and solidarity.
Deaths
290. The Directorate-General
for Civil Registry and the health centres and posts of the Ministry of Health
and Social Welfare record
the death and the causes of death of all persons in
urban areas and they are required to transmit this information to their
respective
Ministries and to the National Police.
291. In the interior of
the country no investigation is carried out except in cases of violent death,
and deaths are usually not recorded.
Suicide
292. The main
cause of suicide is depression resulting from emotional problems; it is
commonest among adolescents. The National Police
keeps a register of
suicides.
293. The last 10 years have seen a suicide epidemic among the
Paí-Tavyterá indigenous people: children and young people
aged
from eight to 25 have been ending their lives, mostly by hanging. The State has
taken no action to combat this phenomenon.
Street
violence
294. Although there are no statistics on this subject, there
have been cases in recent years of violence among children and even deaths,
both
in street fights and in connection with "satanism"; such acts of extreme
violence are widely publicized in the mass media.
The culture of youth gangs is
one of the main problems affecting young people, especially in the upper middle
class. Most of the
incidents are connected with alcohol
consumption.
295. There are no governmental measures for tackling these
problems. Parents' committees were formed following the deaths of a number
of
adolescents and since 1996 they have been carrying out sweeps in collaboration
with the juvenile courts and the police, personally
returning the arrested young
people to their parents. One effective measure taken by the National Police,
thanks to the intervention
of these parents' committees, has been to make sure
that adolescents are off the streets by 2 a.m.
296. Where sexually
transmitted diseases are concerned, the Marcos Aguayo Foundation (a body
fighting against AIDS), in conjunction
with the Ministry of Public Health and
Social Welfare, the Ministry of Education, universities and local authorities,
carries out
anti-AIDS and anti-STD campaigns, including talks and the free
distribution of contraceptives to adolescents.
D. Respect for the views of the child
(article
12)
297. The
current Juvenile Code does not provide for children's views to be heard, except
when they are clearly involved in the case
- when they have committed an
offence, for example.
298. A child's right to express his opinion is
established in the last paragraph of article 40 of the new draft Children's
Code: "Children
have the right to be heard in any judicial or administrative
proceedings affecting them".
299. Similarly, article 3 of the Adoption
Act states: "Children aged 12 years or over must consent to
adoption".
300. In practice, the juvenile courts do take children's views
into account in cases affecting them, on the legal basis of the Convention,
and
legislation in accord with the Convention will shortly be in place.
- Family life
- School
life
- The administration of juvenile justice
- Placement
and life in institutional and other forms of care
- Asylum-seeking
procedures.
301. Recent years have seen favourable changes with
respect to the possibility for children freely to express their views and be
heard
in the family context, at school as a result of the creation of students's
associations, in local government, and in all other situations
in which they
have to act. In recent times young people have played a leading pro-active role
in society, even taking action for
the defence of democracy, as happened in
April 1996 when young people came out to defend the democratic process against
the threat
of a military coup. It may be added that student groups of a
cultural, sporting or political nature have proliferated.
302. There are
radio and television programmes and press articles with such titles as
"Children's voices are being heard". In addition,
the Youth Department runs a
large number of support, training and information programmes in collaboration
with local authorities
and NGOs. One example is the support given to the young
entrepreneurs and professionals responsible for the "Opening the Way" youth
meetings, which constitute a first step in creating a space for publicity and
discussion and for proposals for the integration of
young people in the
country's economic development, an initiative to be established in a three-year
plan.
303. The administration of juvenile justice has already been
covered in the preceding section.
304. With respect to placement and life
in institutional and other forms of care, children participate by making their
suggestions
for improving their living conditions.
305. To date, there
have no cases of children seeking asylum.
306. As
stated above, children are heard in judicial proceedings affecting them by
summons of the judicial agency concerned; they
may speak in person or through a
legal representative.
307. This does not apply in administrative
proceedings, where this right is still not recognized. In the education system,
for example,
although there are such figures as the student representative,
delegate or chairman of the students' association, their opinion is
only
occasionally taken into account. For example, they do not participate in the
design of the curriculum, even though it is intended
for them.
308. As early as the fourth grade of primary,
children have a representative in their school, and at the secondary and
university
levels this function is organized through the students' associations.
However, not all schools permit their pupils a part in decision-making;
even
when they have students' representatives and associations, they are not allowed
in practice to take final decisions, as already
pointed out.
309. The
situation is different with respect to the appointment or dismissal of school or
university authorities. In such cases the
students usually demand to have a
say; they otherwise resort to force, accompanied by their parents.
- Judges in
general;
- Family court judges;
- Juvenile court
judges;
- Probation officers;
- Police
officers;
- Prison
officers;
- Teachers;
- Health workers;
- Other
professionals.
310. None of the courses for human rights
professionals deals specifically with children's right to express their views.
However,
a number of these courses address this topic from a general standpoint
in conjunction with other rights; such courses include:
- Theory of the comprehensive protection of children, 19 December 1996, four
hours duration;
- Special jurisdiction and theory of the comprehensive protection of
children, 13-15 November 1996, four hours' duration;
- "Young people in conflict with the law". Awareness-raising talks
supported by UNICEF, in the towns of Coronel Oviedo, Pedro Juan
Caballero,
Encarnación and Caaguazú, October-December 1995;
- "Young people in conflict with the law and prevention of intimidation", 7
September 1995;
- Conference on "Introduction to juvenile criminal law", 16-20 June
1995;
- "Minors", 13 May 1995.
311. This information was taken from the
annual report of the Public Prosecutor's Office for 1996.
312. The
General Eduvigis Díaz police academy has a human rights department
teaching all human rights instruments, including
the Convention on the Rights of
the Child, each article of which is studied. The NGO Global Infancia also runs
courses on the Convention
for cadets, non-commissioned and commissioned
officers, reaching about 200 members of the police.
313. Prison staff and
probation officers do not currently receive any instruction in human rights
matters. However, according to
the report on the work of the Executive for 1997
a bill is being drafted on the creation of a school for prison staff, on the
principle
that the rehabilitation of prisoners depends on the capacities of the
personnel responsible for managing the prisons and looking
after the prisoners;
such a school will also facilitate the adaptation of the prison system to the
most advanced models.
314. Through its teacher-training programme the
Education Reform instructs future teachers in human rights, in particular the
Convention
on the Rights of the Child, as well as providing refresher courses
for serving teachers. It is envisaged that this knowledge will
be passed on to
heads of families, through the periodic meetings to discuss their children's
progress and thus consolidate this process.
The Education Reform was introduced
in 1993 and today it has reached the fourth grade of basic education;
accordingly, these projects
are being implemented in stages.
An indication should also be provided of the number of courses about the
Convention included in the curriculum of:
- Law
schools;
- Teachers training schools;
- Medical schools
and institutions;
- Nursing schools;
- Social work
schools;
- Psychology departments;
- Sociology
departments.
315. Since 1994 the law faculty of the National
University in Asunción has been teaching human rights in the fourth year;
the
course takes a comprehensive approach, covering all the international human
rights instruments; the class meets twice a week for
one hour.
316. As
already stated, under the Education Reform the teacher-training schools include
in their curriculum practical instruction
in human rights, in particular the
Convention on the Rights of the Child. The content of each article on the
rights of the child
is explained, from kindergarten to the fourth grade in one
session a week, by means of games and play-acting. Other methods such
as
collages, posters and wall-charts are also used.
317. The paediatrics
departments of medical and nursing schools also teach human rights and encourage
the use of posters on children
and their rights in consulting rooms and health
facilities.
318 In psychology departments this kind of teaching depends
on the parent institution; prison-service psychologists, for example,
are
unaware of the Convention, but this is not true of their counterparts in
educational institutions.
319. There is no information on sociology
departments.
320. The official handling the complaint in
conjunction with the Juvenile Complaints Department is responsible for attending
to the
best interests of the child; he transmits the complaint to a juvenile
court, which schedules a date for hearing the child; an assessment
is made on
the basis of the child's statement and a judicial decision handed down. Despite
the absence of a suitable national legal
instrument (as already pointed out, the
current Juvenile Code does not provide for hearing a child's views), the courts
still take
this approach on the legal basis of the Convention, which forms part
of positive domestic law.
IV. CIVIL RIGHTS AND FREEDOMS
(articles 7, 8,
13-17 and 37 (a))
321. The Constitution and the
codes cited above provide for institutions responsible for taking decisions on
the protection of children's rights. One
example is the opening of civil
registry offices in various parts of the country. Publicity has been given to
the rights of the
child and to the duty of parents to register their children at
birth. In addition, the Community Centre for the Protection of Children
(CECODIN) carried out a registration campaign in some districts of
Asunción during February 1997.
A. Name and nationality
(article 7)
322. In recent years the
Directorate-General for Civil Registry has opened registration offices in health
and health-related facilities,
such as the Social Security Institute, the
National Maternity Hospital, the Paraguayan Red Cross, the Barrio Obrero
Hospital, the
Military Hospital, etc. These health facilities provide care for
women in childbirth in the capital and nearby towns; the numerous
births are
immediately registered.
323. Owing to lack of budgetary funds and to
staff shortages it is impossible to operate this system in the interior; this is
one
of obstacles to the registration of children at birth; another problem is
the lack of information and publicity about the importance
of this right and the
duty embodied therein.
324. Lack of awareness is one of the main social
obstacles, for especially in the interior several years may pass after a birth
without
the child being registered. It can even happen that a child's own
mother or father is not registered.
325. According to a report of the
Churches Committee for Emergency Assistance, refugee children arriving with
their parents are registered.
Some of them request help in obtaining Paraguayan
nationality.
326. Offices have been opened in indigenous settlements,
where a previously trained person is appointed to act as civil registry officer
and attend to the registration of births in remote districts.
327. The
CECODIN programme in Asunción considers, in the light of its experience
with work in the community and the incidence
of cases, that one of the
Convention rights most frequently infringed is the right to a name. It
therefore took a double initiative
in 1997 in order to make a contribution to
the exercise of this right.
328. These two initiatives were:
1. The establishment of a civil registry office for children;
2. A registration campaign in some districts of Asunción: in
February 1997 this campaign was carried out in three densely
populated quarters
(Bañado Tacumbú, Viñas Cué and Bañado San
Cayetano). The campaign was organized
by the CECODIN programme and community
bodies: the Vida Abundante collective, the Health for All mutual assistance
centre (CAMSAT),
and the Marangatú Rapé municipal
school.
These grass-roots organizations found in their areas a high rate
of non-registration of children in the Civil Register even though
a birth
certificate is required for enrolment in school.
329. The main reasons
for this phenomenon included:
(a) Women in suburban and rural areas are
attended by traditional midwives in their own homes, so that it is difficult to
obtain
the medical certificate of live birth required for the child's subsequent
registration;
(b) The misinformation of parents about the registration
fee and procedure. Poor parents are sometimes afraid to register their
children
because they cannot afford the fee, which is higher when there is more than one
child to be registered;
(c) Some parents attach little importance to
this kind of document and do not realize how important it is in fact until they
go
to enrol their children in school.
330. The aim of the registration
campaign was to "ensure compliance with the right to an identity for children in
Asunción".
The following activities were carried out:
- A census of unregistered children not in possession of a birth
certificate;
- Approaches to the Civil Registry authorities, who designated staff members
to attend the local registration days;
- Measures carried out by the community organizations involved in the
registration campaign to pay the registration fee for a number
of children from
poor families. The fee stipulated by law, with a corresponding fine, may not be
waived; this restricts the number
children registered;
- Promotional activities carried out during the campaign in the districts
themselves and in the mass media.
The campaign secured the registration
of 315 children in the three districts.
331. In addition, in December
1997 the Secretariat for Social Action of the Office of the President organized
a civil registration
and certification campaign under the project "Substitution
of begging with babies by an alternative family economic activity", which
included individual escorts for the registration of during the campaign
week.
332. According to statistics for 1995 and 1996 from the Directorate
for Statistics, Surveys and Censuses, the population projections
put total
births at 154,000 a year in Paraguay. In 1996, 125,578 citizens were
registered by the Civil Registry, only 40% of them
corresponding to births in
1996 and the remaining 60% to births in previous years - a high percentage of
late registrations.
333. Of the national total of 50,032 births in that
year, 34% were in the Central Department, followed by 17.3% in Asunción,
and 7% in the departments of Alto Paraná and Caaguazú.
334. The Directorate for
Civil Registry does not have the resources for a national information, awareness
and mobilization campaign
aimed at the general public to publicize and emphasize
the importance of the immediate registration of births. However, in any
interview
which it has in the mass media the Directorate does recommend prompt
registration and seeks the public's cooperation to improve the
civil
registration service.
335. The Directorate holds training and refresher
days to improve the quality of the services provided by its personnel, but this
training is not of the desired frequency or quality. According to the Civil
Registry's Director, these days are to be continued
during the current
year.
336. At the date of drafting this report no kind of campaign for
the civil registration of children has yet been carried out.
337. The last
paragraph of article 53 of the Constitution states clearly: "All children are
equal before the law. [...] No comment on filiation shall be permitted in
personal documents".
338. In addition, the Civil Registry Act
(No. 1266/87) establishes as a requirement for a child's registration the
production of a
medical certificate issued by the professional who attended the
birth, which constitutes a means of identifying the child.
339. An
application for civil registration must include all the personal data on the
child, such as the parents' names, the place
and date of the birth, nationality,
age, sex, and place of residence.
340. In the interior of the country
civil registration personnel are not always available at health facilities to
make registrations,
and parents are usually ignorant of the procedure for
registering their children. Furthermore, many births take place in the home
of
the mother or the traditional midwife.
341. The Civil Registry Act
mentioned above prohibits the use of names which ridicule or mar the child's
personality. Article 56
of the Act states: "Civil Registry officials shall not
register ridiculous names or names which may lead to error as to the child's
sex, or more than three names".
342. With regard to the registration of
children of unmarried mothers, article 12 of Act No. 1/92 amending some of
the articles of
the Civil Code states: "A child born in wedlock shall have the
first surname of each parent, and the order of these surnames shall
be decided
by the parents by common accord. Once an order has been chosen for the first
child, it shall be maintained for all the
others.
343. "A child born out
of wedlock shall have first the surname of the parent who first acknowledges
him. If he is acknowledged by
both parents simultaneously, they shall have the
option set out in the preceding paragraph.
344. "A child acknowledged by
only one parent shall have the two surnames of that parent. If that parent has
only one surname, it
may be used twice.
345. "On reaching the age of
majority a child shall have the option, on one sole occasion, of reversing the
order of his surnames".
346. Similarly, the draft Children's Code
provides that a medical certificate of live birth shall bear the fingerprint of
the mother
and the footprint of the newborn baby, in addition to the usual
information given in such documents. In practice, footprints are
taken only in
hospitals and other health facilities in the capital but not in rural
areas.
347. Article 53 of the
Constitution provides the legal framework for the investigation of paternity.
The entitlement to such investigation is also established in the
provisions of
the Civil Code and the current Juvenile Code.
348. The new draft
Children's Code establishes the right of children to be raised by their natural
parents.
349. Improved registration of children will increase their
chances of knowing who their parents are.
350. Chapter IV of the new
Adoption Act ("On maintenance of family links") establishes the power of the
courts to order all necessary
measures for maintenance of family links. In the
case of children of unknown parents, all legal recourse must be exhausted and,
in particular, a thorough investigation must be carried out to trace the child's
biological parents.
351. On 17 September 1997 the Public Prosecutor's
Office signed a cooperation agreement with UNICEF and Global Infancia on the
start-up
of project on the computerization of child adoption records. This will
consist of a database to facilitate the monitoring of post-adoption
records and
searches for the biological parents of children given in
adoption.
352. This database will give adopted children and their
biological and adopted families access, subject to due procedure, to the
information
entered in the system from adoption records. The confidentiality of
the information is guaranteed; only the persons involved may
have access to
it.
353. NGOs carry out specific activities to ensure exercise of the
right of children to know their parents, but this work is not
systematic.
354. In order to ensure the
exercise of this right through legislation, article 146 of the Constitution
states:
"The following persons have Paraguayan nationality by birth:
1. Persons born in the territory of the Republic;
2. Children born abroad to a Paraguayan mother or father, one or both of
them being in the service of the Republic;
3. Children born abroad to a Paraguayan mother or father when the latter
settle permanently in the Republic;
4. Children of unknown parents found in the territory of the
Republic.
Exercise of the right mentioned in subparagraph 3 shall be effected by a
mere statement by the person concerned, provided that he
has reached the age of
18 years. Otherwise, a statement by his legal representative shall be valid
until he reaches the age of 18
years but shall then be subject to ratification
by the person concerned".
355. Article 147 states: "No Paraguayan by
birth shall be deprived of his nationality, but it may be renounced
voluntarily".
356. There is no discrimination against children born out
of wedlock, for the Constitution itself accords them the same rights and duties
as children born in wedlock, and no comment on their status is permitted in
personal
documents.
357. Similarly, the Constitution does not
discriminate in any way against asylum-seeking and refugee children, for article
148 states:
"Foreigners may obtain Paraguayan nationality by naturalization if they
satisfy the following requirements:
1. Attainment of the age of majority;
2. Minimum of three years' residence in the national territory;
3. Regular exercise in Paraguay of some profession, occupation, science,
art or industry; and
4. Good conduct, as defined by law".
358. Article 149 states:
"Multiple nationality may be permitted under an international treaty or by
reciprocal arrangements at the
constitutional level between the State of birth
and the adopted State".
359. According to the Constitution, the criterion
of nationality is jus soli; in other words, nationality is determined by
place of birth. This criterion means that a child may not have the nationality
of
both parents if one is of a different nationality from the other. Dual
nationality is possible when the parents are Paraguayans
living
abroad.
360. Children of emigrant parents who on their return cannot
register the children because they do not have documents from the place
of birth
are accorded Paraguayan nationality.
B. Preservation of identity
(article 8)
361. When a juvenile guardianship court is dealing
with a case of deprivation of identity in which several possible parents are
claiming
the same child, it carries out as thorough an investigation as
possible, even ordering blood samples to be taken for DNA identification
to
determine the child's biological origins for certain. There are no specific
measures for protecting children's right to an identity
in general terms, but
such protection is provided in individual cases.
362. As stated above,
footprints are currently taken in hospitals and clinics in the capital but not
in rural areas.
363. One specific example is the case of the Bianco
brothers, victims of the military dictatorship in Argentina in the 1970s. The
Abuelas de Plaza de Mayo initiated proceedings to re-establish the boys'
identity, even applying to international agencies because
of the slowness of the
Paraguayan justice system. The Government took proceedings to extradite the
alleged parents from the Argentine
Republic. The judicial authorities in Buenos
Aires have requested that the boys should take a blood test to determine their
origins
and the identity of their biological parents.
364. Article 221 of
the Criminal Code, which was to have entered into force in November 1998,
establishes the falsification of civil
status as a crime:
"1. Anyone who makes a false declaration to a competent authority concerning
matters affecting the civil status of another person
shall be punished by
deprivation of liberty for up to three years or by a fine.
2. Attempted falsification of this kind shall also be punished".
C. Freedom of expression
(article 13)
365. Recent years have seen an improvement in
the possibilities for children to express themselves freely and to be heard at
home
and at school, in sporting, political and trade-union activities, etc.
The number of student and youth associations has increased
considerably.
However, there are still some pockets of authoritarianism where vertical
disciplinary systems are used, and initiative,
the right to dissent, and the
freedoms of expression and association are condemned.
366. Although the
right to freedom of expression is beginning to establish itself, it will not be
fully effective without a new awareness
and shift of attitude in society, which
will require a full-scale revolution in the medium term.
367. One group
of young people played a major pro-active role in society recently, when it took
its own action in defence of democracy
in April 1996. This group came out to
defend the democratic process against the threat of a military
coup.
368. A number of important spaces have been opened up in recent
years and, although private initiatives, they do play a leading role;
they
include radio programmes, mainly broadcasts by community radio stations aimed
specifically at young people, such as Radio Rebelde
of the Casa de Juventud, FM
Trinidad, FM Lambaré, and "Children's voices are being heard" on Radio
Cáritas. There
are also several television programmes of this kind, and
the newspapers Ultima Hora, ABC Color, and Noticias publish
cultural supplements for young people. The Youth Department runs many support,
training and information programmes for young
people, in coordination with local
authorities and NGOs. One specific example is the support given to the young
professionals and
entrepreneurs responsible for organizing the "Opening the Way"
youth meetings, which constitute a first step in creating a space
for publicity
and discussion and for proposals for the integration of young people in the
country's economic development; these activities
will be formalized in a
three-year plan.
369. Another important initiative was the work of the
National Centre for the Protection of the Rights of the Child (CENADI), the
Coordinating Office for the Rights of the Child, the Children and Youth
Department of the municipality of Asunción, and UNICEF
in connection with
the official initiation of Rights of the Child Week in August 1997; this event
was formally established in Paraguay
by Executive Decree No. 5039 of
1994.
370. The Week celebrates all Paraguayan children and encourages
discussion of the need for their rights to be recognized as rights
of individual
members of society and not just as rights of members of a family, home or
institution.
371. The focus on freedom of expression was developed with
the aid of teaching materials in 1,240 schools throughout the country and,
to quote the opening statement by the representative of CENADI: "Knowing how to
listen to [children] is the way to acknowledge that
they are persons, knowing
how to listen to them is to accept their right to express themselves, to accept
that they are other people".
The representative of the Executive stated: "No
right of the child is more important than any other. We are aware as a
Government
that in order to ensure exercise of the rights of the child we must
take action and do much more, and above all do much better".
372. Another
initiative to promote children's right to freedom of expression was the "Mita
Iru" pro-active schools project of the
Ministry of Education and Worship. This
experiment began in 1995 in some 10 rural multigrade schools (having one teacher
in charge
of several grades). Today it involves 50 schools in various
parts of the country; the aim is to adapt schools to the national reality
and
the economic situation in each locality in order to cut the high drop-out and
repeated-year rates; the project is part of the
programme to enhance the quality
of education in support of the Education Reform.
373. The project has the
technical and financial support of IDB and UNICEF.
374. Under this
project the curriculum must be adapted to the pupils' actual socio-economic
situation; they take control of their
learning, and the teacher becomes a
facilitator. The pupils develop their self-teaching capacity through the use of
suitable teaching
materials. In addition, the curricula are module-based in
order to enable children to suspend their attendance for a while and return
later; this is an adaptation to children's life in rural areas, especially at
harvest time. These pro-active schools also seek to
encourage democratic
participation; every school has a governing board in which the chairmanship is
exercised by a pupil elected
by his classmates for a one-year
term.
375. Children's right to freedom of expression is also established
in the last paragraph of article 40 of the new draft Children's
Code:
"Children have the right to be heard in any judicial or administrative
proceedings affecting them". The current Juvenile Code
does not provide for a
child to be heard, except in cases clearly affecting him, for example when he
has committed an offence.
376. Article 3 of the Adoption Act states:
"Children aged 12 years or over must give their consent to adoption". In
practice, the
juvenile courts do take a child's opinion into consideration in
cases affecting him, acting on the legal basis of the Convention
until the draft
Children's Code enters into force.
377. There have been no cases to date
of children seeking asylum.
378. The Directorate-General for Human
Rights, in conjunction with the Jasmin Foundation of the Office of the First
Lady, has set
the specific goal of encouraging the training of multiplier agents
to work with young people and teachers in an effort to disseminate
and gain
support for the concept of the universal values underlying a culture of peaceful
coexistence, one of the main pillars of
which is freedom of
expression.
379. The plan is to run some 96 courses for 40 pupils each
over a period of eight months, thus reaching 3,840 secondary
pupils.
380. For the development of the conceptual framework the
intention is to produce teaching manuals to introduce the topic of the
application
of the Convention and the other international human rights
instruments, with broad participation by young people, who will ultimately
become multiplier agents.
381. In addition, CODENIS (a grass-roots body)
has been focusing its attention on creating groups of children's advocates. In
1997
it began to train youth leaders and groups of children, called "Cecodines",
who join forces to protect their rights. These groups,
which were to be in
place for 1998, constitute an important axis of the programme for the attainment
of the established goals.
D. Freedom of thought, conscience and
religion
(article 14)
382. The
Constitution and the legislation adopted by the National Parliament recognize
and embody the freedoms of worship and belief with no more restriction
than
those established by law.
383. Although these rights are established in
positive domestic law and despite a greater freedom of worship, Paraguayan
society is
Catholic by tradition, and this very strong characteristic can be
seen in the continuing isolation of families professing some other
religion.
384. The spirit
of the Convention implies total freedom of religious teaching within a framework
of respect for public order, morals
and good habits, as well as for the rights
of others. Private institutions enjoy the freedom to teach religion, within the
context
of the curricula and programmes established for basic, secondary and
university education; public schools do not provide any religious
instruction.
385. Religious education is not part of the curriculum.
Primary and secondary church schools give religious instruction according
to
their own faith and doctrine.
386. Church schools, at all levels and of
every type, teach religion as a classroom subject.
387. There is no
discrimination whatsoever in public education, regardless of difference of
religion, belief or conviction; as religion
is not a compulsory subject, each
school can teach religion as it wishes, on the basis of respect for the freedom
of worship in accordance
with the principles of the
Constitution.
388. School curricula and textbooks deal with the freedom
of religion in the context of the Constitution and the United Nations
Declaration on the Elimination of All Forms of Intolerance and Discrimination
Based on Religion or Belief.
Efforts are currently being made to adapt the
curricula to the ideas of equity, access and respect for human dignity in all
matters
connected with human rights.
E. Freedom of association and peaceful
assembly
(article 15)
389. The Constitution establishes the freedoms of
expression and of association. The draft Children's Code establishes the right
of children to express
themselves at their various gatherings, the freedom of
thought, conscience and religion, the right of association for peaceful
purposes,
and the right of peaceful assembly.
390. In practice there is a
wide diversity of children's and youth organizations engaging in cultural and
social activities, such
as the Casa de Juventud, which has a community radio
station, Radio Rebelde, and a bi-monthly magazine, Tokorré. There
are other organizations such as the Boy Scouts, Pastoral Social, Junior Rotary
and Lions, as well as groups of young entrepreneurs,
conscientious objectors,
craft workers, etc.
391. With regard to children's organizations, the
1997 NGO report notes that the Organization of Child Workers has held a number
of
meetings to discuss its situation and share its experience with child workers
from other towns. It has been supported by the Coordinating
Office for the
Rights of the Child in the shape of the street teachers of the NGO Callescuela
and the Rosa Virginia home. These
activities have enabled child workers to
consolidate their own organizational efforts.
392. There are to date no
specific statistics on children's and youth organizations.
F. Protection of privacy
(article 16)
393. Only legislative measures are available
for the protection of this right; for example, article 33 of the Constitution
states:
"The confidentiality of personal and family relations and respect for
privacy are inviolable. A person's conduct, provided that
it does not
affect the public order established by law or the rights of others, is not a
matter for the public authorities. The
right to the protection of personal
privacy and dignity and self-image is guaranteed".
394. Article 266 of
the Juvenile Code contains a prohibition on all publicity in connection with
proceedings involving children.
If this provision is violated, the penalty
shall be a fine of up to 30 days of the minimum wage or detention for up to
10 days, which
may take the form of house arrest.
395. Article 41 of the
draft Children's Code ("On the right to privacy") states: "Children have a right
to privacy. Children may
not be subjected to arbitrary or illegal interference
in their private life, family, home or correspondence or be exposed to attacks
on their honour or reputation".
396. Attention must be drawn here to the
conduct of some members of the press who, in their eagerness to obtain more
information,
interfere arbitrarily in the private life of children actively or
passively involved in a crime, publishing their names and photographs
and in
most such cases condemning child offenders even before they have appeared in
court.
397. Article 232 of the Juvenile Code refers to children in a
state of neglect or danger and the measures to be taken in this connection
by
the correctional courts, which order either return to their parents or other
persons legally responsible for them, subject to
a caution and under the
supervision of an inspector, or placement in the care of a person who satisfies
the requirements of honesty,
good habits and capacity to supervise their
upbringing, or placement in a special institution.
398. And article 336
states: "The juvenile courts shall make bimonthly visits to the establishments
of the Directorate-General for
the Protection of Juveniles".
399. In
practice, there is no effective coordination between governmental institutions
and the juvenile courts to ensure the full
implementation of this
article.
400. However, article 182 of the draft Children's Code states:
"The place of detention shall be visited and evaluated periodically
by the
juvenile court and its auxiliary personnel".
401. It is the task of the
State to ensure strict compliance with the law. It is hoped that once this new
Code enters into force
the monitoring arrangements established in article 182
will be effectively applied.
G. Access to appropriate information
(article
17)
- The production and dissemination of children's books, and the
dissemination by the mass media of information and material of social
and
cultural benefit to the child, with particular regard to the linguistic needs of
children belonging to a minority group or who
are indigenous;
- International cooperation in the production, exchange and dissemination
of such information and material of social and cultural
benefit for the child,
in accordance with the spirit of article 29 of the Convention on the aims of
education, including any international
agreements concluded for that
purpose;
- The development of appropriate guidelines for the protection of the
child from information and material injurious to his or her
well-being, as well
as from harmful exposure in the mass media, bearing in mind the provisions of
articles 13 and 18.
402. Article 27 of the Constitution
states:
"The use of the communication media shall be in the public interest;
therefore, such media may not be shut down or have their operations
suspended.
No discriminatory practice shall be permitted in the provision of material for
the press, there shall be no interference
with radio frequencies and no
obstruction, in any way whatsoever, of the free circulation, distribution or
sale of periodicals, books,
reviews or other publications having a responsible
management or authorship. Pluralism in the communication media is guaranteed.
The law shall regulate advertising in order to provide the best protection of
the rights of children and young people, the illiterate,
consumers and
women".
403. In practice there is a clash of interests and a
contradiction between the advertising market and the effective protection of
children's rights.
404. Article 28 ("On the right to information")
states:
"The right of people to receive true, responsible and balanced information
is recognized.
406. The specific access of children to
appropriate information is not addressed expressly. The Juvenile Code does not
mention the
right to information as a right of the child. It is more a matter
of protection than of access to information that children who
regularly buy or
sell pornographic books, magazines or pictures or other items of pornography are
presumed to be at risk.
407. Article 48 of the draft Children's Code
states:
"Magazines and other publications and radio and television programmes
intended for children may not include any form of advertising
of alcoholic
beverages or other substances which produce physical or mental dependence, or
cigarettes, weapons or ammunition, and
they must respect the ethical and social
values of the individual and the family".
408. Article 49
continues:
"In no case shall children be permitted to take part in the elaboration,
production or distribution of pornographic material or in
any activity connected
with sexual commerce. Access by children to the exhibition of pornographic
material is expressly forbidden".
409. The Chamber of Senators has
adopted with amendments a bill regulating the advertising of tobacco and
alcoholic beverages. According
to this text, such advertising may not appear on
television between 6 a.m. and 8 p.m., except during the midday news and in
political,
economic and social programmes for adults.
410. Advertisements
in the press may not occupy more than nine square centimetres of space. Radio
and television spots may not exceed
30 seconds or a daily frequency of 10
showings per brand and product and per medium.
411. The Ministry of
Public Health and Social Welfare puts out messages on television and radio and
in the press, both in the capital
and in the departments, concerning the
prohibition of the sale of tobacco and alcoholic beverages to under-age
children.
412. Compliance with this ban is relative; it is applied
effectively in only a few places. There is no checking of children's ages
to
determine whether they are under age.
413. There are also regulations
restricting the exhibition of photographs of violent scenes in the press or on
television.
414. Another inevitable fact is the dissemination of
information on the Internet by way of pornography pages, the purchase of sexual
services, and sex tourism, which originate in countries of the North in a system
which imposes neither standards or regulations in
this area.
415. With
regard to the promotion of children's books, the Ministry of Education and
Worship organizes story-writing and poetry competitions
for children and young
people in schools, awarding prizes such as books and certificates of achievement
at academic events; sometimes,
in order to encourage participation, a poetry
competition will be held just before a national festival and the poems read
aloud at
an event on the day itself.
416. There is also an international
agreement with Spain, called "La Ruta Quetzal", which encourages young people to
join in learning
about the route taken by Christopher Columbus when he
discovered America. This is an annual event, and entry is by means of a test
of
general culture organized by the Paraguayan Foreign Ministry and the Spanish
Embassy.
H. The right not to be subjected to torture or other
cruel, inhuman
or degrading treatment or punishment
(article 37
(a))
61. Please indicate whether torture or other cruel, inhuman or
degrading treatment or punishment of children is punished by the criminal
law,
and whether complaint procedures have been established and remedies made
available to the child. Please also provide information
on:
- Awareness campaigns launched to prevent torture or other cruel, inhuman
or degrading treatment or punishment of children;
- Educative and training activities developed, particularly with
personnel in institutions, services and facilities working with
and for
children, aimed at preventing any form of illtreatment;
- Any cases where children have been victims of any such
acts;
- Measures adopted to prevent the impunity of perpetrators, including by
investigating such cases and punishing those found responsible;
- Measures adopted to ensure the physical and psychological recovery and
reintegration of children who have been tortured or otherwise
illtreated;
- Any independent monitoring system established.
417. Article
5 of the Constitution states:
"No one shall be subjected to torture or to other cruel, inhuman or
degrading punishment or treatment. Genocide and torture, as
well as forced
disappearances, kidnapping and murder for political reasons, shall not be
subject to prescription".
418. Chapter VI of the new Criminal Code deals
with crimes against minors; its article 134 states:
"A person legally responsible for the education, guardianship or care of a
child aged under 16 years who subjects this child to severe
mental
suffering or severe and repeated maltreatment, or damages his health, shall be
sentenced to deprivation of liberty for up
to two years or to a fine, except
when the offence is punishable under article 112".
Article 112
states:
"(1) A sentence of deprivation of liberty for up to 10 years shall be
imposed on a person who deliberately or consciously with injury:
1. Places his victim in mortal danger;
2. Seriously maims him or inflicts lasting scars on him;
3. Severely impairs the use [...] of his body or senses, his capacity to
cohabit and reproduce, his physical strength or mental
powers, or his capacity
to work;
4. Causes him a serious or distressing illness;
(2) A person who in knowledge of what he is doing inflicts grievous
physical maltreatment or injury on another person and thereby
causes one of the
results referred to in paragraph (1) shall be sentenced to deprivation of
liberty for up to five years. Attempts
to commit these offences shall also be
punishable".
419. In Paraguay children have recourse to a procedure of
complaint, made directly or through a representative, to the Complaints
Department of the Public Prosecutor's Office, which was created in July 1997 to
receive complaints of violation of the rights of
children and young people aged
up to 20 years who are victims of an offence. When an offence has been
committed by a child complaints
are receivable about children aged up to 14.
Such complaints are examined with the help of a juvenile attorney before
submission
to a juvenile guardianship or correctional court.
420. The
provision of comprehensive assistance (psychological, social and legal) to
victims is the responsibility of the Department
for Assistance to Victims of
Crime. According to the Public Prosecutor's draft report for 1997, most
assistance of this kind is
furnished to females: out of a total of 1,703 victims
1,205 were girls aged six to 15 years who had suffered ill-treatment, bodily
injury or other physical or psychological aggression.
421. A similar
function is performed by the Community Centre for the Protection of the Rights
of the Child (CECODIN) of the municipality
of Asunción, which helps
victims with their physical and mental rehabilitation. According to a CECODIN
statistical report,
18% of its cases involved ill-treatment and 84% occurred
within and the remainder outside the family.
422. No awareness campaigns
are known in this area.
423. The immediate punishment of the perpetrators
is impeded by the ingrained slowness of legal proceedings. Relatively long
periods
usually elapse between the incident, the arrest, and the punishment of
the guilty party.
424. The Centre for Judicial Investigation was
established in 1993 in the Public Prosecutor's Office to follow cases up and
assist
the juvenile attorneys by conducting investigations to produce evidence
to support the charges. In this work the Centre enjoys the
support of the
National Police throughout the country.
425. The main interventions in
1997 consisted of 59 cases of rescue or return of children, 38 cases of
verification of the situation
of children, and 30 cases of night raids on
brothels.
426. The Public Prosecutor's Office, as the body representing
society in the jurisdictional organs of the State, acknowledges the
existence of
discrimination against and violation of the rights of women. It has a Women's
Department, which serves as an advisory
body for the alternative solution of
conflicts affecting women and girls, furnishing assistance and psychological
support, in particular
to victims of any kind of violence. The long-term aim is
to make the many people closely involved in the judicial system more aware
of
the seriousness of the problem of violence in the family and the need for its
effective treatment in coordination with the other
governmental agencies working
to inform various sectors of society about legal advances with respect to
women's rights, the importance
of their exercise, and the existing means for
finding an appropriate solution to this problem. The Department also seeks to
increase
participation in the various public programmes connected with the
gender perspective and contributing to the elimination of discrimination
against
women, and to coordinate with NGOs in this area.
427. The following
numbers of cases were dealt with in 1996: 334 cases of physical or mental abuse
(37.9% of the total); 227 cases
of interviews and mediation with aggressors
(25.7%); and 319 referrals to other agencies (36.2%). Forty% of the victims in
these
cases were adolescent females.
V. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE
(articles 5; 18, paras. 1-2; 9-11; 19-21; 25; 27, para. 4; and
39)
A. Parental guidance
(article 5)
428. The
Constitution stipulates and advocates the comprehensive protection of the
family, including the stable union of a man and a woman, their children
and the
community constituted with any of their ascendants or descendants (art. 49).
Articles 53 and 54 also refer to the obligation
of parents towards their
children and to the protection of children.
429. Paraguay's civil
legislation addresses the institution of matrimony, understood to be an act of
union between a man and a woman
when there are no legal impediments to such act.
It also recognizes de facto union, understood to be a public and stable
extramarital
union between persons having the capacity to contract marriage
(Civil Code, art. 217).
430. According to the national population and
housing census carried out in 1992 by the Directorate-General for Statistics,
Surveys
and Censuses, there were 863,990 families with a male head of household;
622,866 of these men lived with a legal or common-law wife
and the others
without a partner.
431. There were 180,047 women heads of household;
25,878 of them lived with a legal or common-law husband and the others without a
partner.
432. Men and women have the same rights and the same legal
capacity within marriage, subject to limitations deriving from considerations
of
family unity and the differentiation of their respective functions in society
(Civil Code, art. 153).
433. Article 4 of the Juvenile Code states: "This
Code accords the legal means for ensuring responsible parenthood and protects
maternity
in order to secure the comprehensive protection of
children".
434. The new Criminal Code, which is to enter into force on 1
November 1998, provides that failure to comply with the legal duty of
maintenance of a child or causation of any deterioration in his living
conditions, or failure by another person to fulfil this obligation,
shall be
punishable by deprivation of liberty for up to two years or by a fine. The
offence is aggravated if a judicial order or
decision had previously been handed
down, and the term shall be increased to five years.
435. Paraguayan
society has diverse social strata, and there is ample freedom for people to form
family structures without any restriction.
436. With regard to the
measures taken to ensure respect for the responsibilities of parents or other
persons legally responsible
for children, State agencies are taking the measures
described below, which are still at an initial stage.
437. It is legally
established that education shall be free at all levels in order to render it
accessible to all the country's inhabitants
without distinction. According to
information from the Department of Basic Education of the Ministry of Education
and Worship, in
the interior of the country the regional supervisors locate
children of school age who cannot attend school for reasons of extreme
poverty
with a view to helping them by means of education grants. The Department offers
scholarships or half-scholarships in private
institutions, which are obliged to
provide this kind of service for children of poor parents. There are no
statistics to support
this information.
438. The Instituto del
Mañana runs assistance programmes for the families of children in
conflict with the law in order to
teach them about their rights and duties,
mainly with respect to their children's upbringing. This teaching exercise runs
in parallel
with the instruction given to children placed in the Instituto and
their training in various occupations with a view to social reintegration,
either with their parents or with some other designated person. The Instituto
deals only with boys and it is the only body offering
this kind of
programme.
439. Children who have been abandoned or orphaned and placed
in a home such as the National Children's Home receive support from a
group of
young volunteers running early-stimulation activities, religious groups, and the
juvenile courts, which furnish guidance
on the rights and duties of the person
legally responsible for such children - in this case the director of the home in
question,
who additionally requires the authorization of a court for any kind of
activity for the children. There are also a paediatrician,
social workers, a
psychologist and nursemaids.
440. The Education Reform programme provides for
instruction in the rights of the child for teachers by means of special courses
as
well as in general teacher-training, so that teachers may in turn become
trainers and impart knowledge of the principles of the Convention
to children
and parents at periodic meetings for the discussion of the situation of the
children and topics connected with their
rights, with a view to their
participation in and support for this process of publicizing human
rights.
441. The aims of the Mita Róga non-school initial
education programme are to provide guidance and training for parents in the
stimulation and training of their children from birth, in and outside the home,
to consolidate family unity, to make parents aware
of the importance of their
role as their children's first teachers, to furnish useful information about
health, diet and enhancement
and conservation of the family's social
environment, and to educate children in the principles and values set out in the
Convention.
442. The psychology course at the University of the North and
the juridical science course at the National University also address
the subject
of human rights, including the development of the rights of the
child.
443. Juvenile attorneys and the Department for Assistance to
Victims of Crime also furnish assistance to parents and other persons
legally
responsible for children if the children exhibit "behavioural irregularities
such as running away, drug-taking, violence,
etc".
444. In addition, the
Family Department of the National Police tries to help parents, not only with
respect to their children but
also in matrimonial conflicts, when the police act
as conciliators.
445. Asunción newspapers such as ABC
Color, Noticias and Ultima Hora publish supplements on women,
the family, and children, which deal with such topics as conflicts and their
resolution and make psychological
recommendations; there are also
question-and-answer sections on this topic.
446. Another initiative has
been taken by the Social Welfare Department of the Ministry of Public Health and
Social Welfare, whose
social workers provide assistance services to extremely
poor families focused on the care of their children, especially in matters
of
health and hygiene, including reproductive health, in order to eradicate
uninformed practices harmful to children.
447. In their consulting
services paediatricians offer information to parents on all matters connected
with the care of children up
to age 14, including health, hygiene, diet; they
also give guidance on discipline in the light of the child's age and
psychological
maturity.
448. The measures taken to protect
these rights have been described in earlier sections. In terms of difficulties,
discrimination
occurs in practice in the various spheres of the country's life.
In health, for example, there is no State-funded medical service
exclusively for
children. Children may attend national hospitals, which have paediatrics
departments, but these departments are
inadequate because they lack the
necessary medical equipment to deal with emergency cases. In emergencies people
turn to private
hospitals, and it is up to the family to find a way to meet the
cost of treatment.
449. In education, the State has not got the necessary
infrastructure to provide special schooling for disabled children at the level
of the programmes for normal children.
450. Furthermore, despite the
existence of students' associations their opinions are not taken consistently
into consideration. For
example, students are not consulted about curriculum
design even though they are the end-users.
451. One place in which the
best interests of the child and the principles of the Convention in general are
taken into account, or
where at least this approach is encouraged, is in the
juvenile courts of the Asunción jurisdiction. The best interests of
the
child are given consideration in the courts' decisions and rulings, and children
are accorded a hearing for this purpose, depending
on their age and
maturity.
452. This situation does not obtain in the interior of the
country, for there the courts do not have differentiated functions. It
is
usually the civil courts which hear juvenile cases, and out of ignorance of the
Convention they give priority to other matters.
B. Parental responsibilities
(article 18, paras.
1-2)
453. Article 53 of the
Constitution ("On children") states:
"Parents have the right and duty to care for, maintain, educate and protect
their minor children. They shall be punished by the
law if they fail to fulfil
their maintenance obligations. Children who have reached the age of majority
have an obligation to assist
their parents if necessary. The law shall regulate
the assistance which must be furnished to families with many children and to
women heads of family. All children are equal before the law. The law shall
facilitate the investigation of paternity. No comment
on filiation shall be
permitted in personal documents".
454. Article 54 ("On the protection of
children") states:
"The family, society and the State have an obligation to ensure children's
harmonious and comprehensive development and the full
exercise of their rights,
protecting them against neglect, malnutrition, violence, abuse, trafficking and
exploitation. Anyone may
require the competent authority to enforce these
guarantees and punish violators. In the event of a conflict, the rights of the
child shall prevail".
455. Article 55 states: "Responsible paternity and
maternity shall be protected by the State, which shall promote the creation of
the necessary institutions for this purpose".
456. Article 4 of the
Juvenile Code states:
"The State shall ensure the fulfilment of the rights and obligations of
parents with respect to their minor children, establishing
the legal means for
the exercise of responsible paternity and protecting maternity in order to
guarantee the comprehensive protection
of children".
In a similar vein,
article 339 states: "In the event of a conflict between the provisions of other
laws and the provisions of this
Code, and in the application of this Code, the
provision more favourable to the child shall always prevail".
457. The
shift from an authoritarian regime to a democratic system has had various
effects for Paraguay; one feature of the new situation
is the country's scant
experience of living in freedom in both its aspects: responsibility and freedom;
freedom and limits. Adults
do not know how to manage their freedom, and this
situation is producing serious problems for the responsible upbringing of
children.
458. One of the measures of assistance to parents
and other persons legally responsible for the upbringing of children is the
counselling
given by the rota juvenile judges and attorneys in the course of
their duties. They talk to parents and other family members and
advise them
about the rights of the child. They also assist neighbours who come to report
matters detrimental to the rights of the
child.
459. CECODIN performs a
similar advisory function with the support of juvenile attorneys, who undertake
to give training talks for
members of CECODIN. This kind of assistance is
normally furnished to poor families which cannot afford the services of a
lawyer.
460. There are other institutions responsible for the care of
children, such as the welfare centres for children and the family (CEBINFA)
of
the Social Welfare Department of the Ministry of Public Health in the cities of
Asunción, Concepción, Hernandarias,
Paraguarí and Misiones,
which have funding from the World Bank. Their programme offers day-care
facilities for children aged
under five whose mothers are
poor.
461. Their objectives include the provision of a comprehensive
service, including health care and advocacy, psycho-affective treatment,
and
early stimulation for infants, as well as initial education, which may be formal
or informal since not all of the centres have
an infants
teacher.
462. The CEBINFA programme is aimed in particular at women from
vulnerable groups, such as domestic workers and manual and own-account
workers.
This programme is not intended to take the place of day nurseries. There are
currently 30 of these centres in operation,
catering for 2,300
children.
463. A number of residential homes also offer boarding care
during the week for children up to age 14, who return home for the weekend.
There are at present five such homes in the capital, catering for 250
children.
464. There is also the Mita Róga national programme of
non-school education.
465. There are no statistics
on this subject.
C. Separation from parents
(article 9)
466. The legal
framework consists of the following provisions: The Constitution, articles 49-54
of which address the family and the protection of children; and Paraguay has
ratified the following international
conventions:
Convention on Civil Aspects of the International Child Abduction (Act N.
983/96);
Inter-American Convention on International Traffic in Minors, adopted on 18
May 1994 in Mexico;
Inter-American Convention on the International Return of Children (Act
No. 928/96).
467. Article 5 of the Juvenile Code states: "A minor
may not be separated from his family except in special circumstances for his
protection".
468. The last paragraph of article 8 of the draft Children's
Code states: "A lack or shortage of material resources shall in no case
justify
the separation of a child from his family or the suspension or loss of parental
authority".
469. The usual procedure is that children are not separated
from their parents except when they have been subjected to sexual abuse,
ill-treatment or serious threats and their basic rights have been infringed. In
such cases the corresponding complaint is lodged,
either for sexual abuse or
other ill-treatment, first with a juvenile court and then with the duty
prosecutor or the attorney providing
legal assistance for the poor. Complaints
may also be lodged with the Juvenile Complaints Department, the National Police,
the National
Centre for the Protection of the Rights of the Child (CENADI) of
the Ministry of Public Health, and the Community Centre for the
Protection of
Children (CECODIN) of the municipality of
Asunción.
470. Proceedings are then initiated, with all their
consequences. The best thing is for the child to be removed from the harmful
situation and placed in a foster home which will provide him with a suitable and
tranquil affective environment and the necessary
care for the comprehensive
development of his personality. The "guarda" (judicial placement office)
is responsible for the placement of such children.
471. The courts are
the competent authority for preventing the separation of a child from his family
or for ordering separation in
the necessary cases mentioned above.
472. Article 43 of the Juvenile Code (now repealed by
the Adoption Act approved on 22 October 1997) stated that the child's
consent
to adoption was required if he was aged over 16
years.
473. Article 3 of the Adoption Act states specifically: "Children
aged 12 years or over must consent to adoption".
474. In practice, the
juvenile courts do take the opinion of the child into consideration in matters
affecting them, on the basis
of the Convention on the Rights of the
Child.
475. A child's right to express his opinion is established in the
last paragraph of article 40 of the draft Children's Code: "Children
have the
right to be heard in any judicial or administrative proceedings affecting
them".
476. In the terms of Act No. 119/91 amending
article 98 of the Juvenile Code:
"If the parents do not live together, parental authority shall be exercised
by the parent having custody of the child, but the other
parent shall enjoy the
right to visit the child and take a part in his upbringing" (antepenultimate
paragraph).
477. The best interests of the child is the fundamental
premise of any order on custody or visiting arrangements, and the child's
opinion is taken into account in such orders. An effort is made to adapt the
visiting schedule to the needs of the child and his
parents to avoid disrupting
his school work and other related activities.
478. Article 168 of the
draft Children's Code states:
"If a child is separated from his parents or from one of them, he shall have
the right to maintain personal relations and direct
contacts with both parents
on a regular basis, unless such contacts conflict with the child's best
interests, which fact shall be
determined by a court in accordance with the
law".
479. The Juvenile Code provides that a
child may not be separated from his family except in special circumstances for
his protection
and shall enjoy the right to family life in his home, provided
that this does not constitute a physical or moral danger to him.
There is no
reference to the rights of the child in the procedure for verification of the
special circumstances mentioned above.
480. The situation is different in
the case of adoption. On 17 September 1997 the Public Prosecutor's Office
signed a cooperation
agreement with UNICEF and Global Infancia on the creation
of a database to facilitate the systematic organization of information
on the
identity of children given in adoption. Children and their biological and
adoptive families will have access to the data
entered in this system and
contained in the adoption records, thus giving effect to the right of children
to know their biological
parents, as established in the
Convention.
481. So far, 70% of adoption records have been entered in
this database.
482. The National Children's Home also carries out
investigations to trace the biological families of abandoned or orphaned
children,
using the press and the National Police. When the family is located,
it usually turns out that the parents are alcoholics, drug-addicts,
criminals,
prostitutes, etc. The juvenile court is informed of such situations so that the
necessary action can be taken; usually
there is no option but for these children
to remain in their care home, for they have nowhere else to go. Sometimes they
are luckier
and a relative can be found who has an adequate standard of living
and shows an interest in taking charge of the child. The juvenile
court is also
informed in this case and it makes a ruling, always in the best interests of the
child.
483. Article 24 of the draft Children's Code states:
"Children have the right to live and develop in their family. Parents are
responsible for the upbringing of their children.
487. There are no data that satisfy this
recommendation.
D. Family reunification
(article 10)
488. Article 41 of the Constitution states:
"All Paraguayans have the right to live in their native country.
Inhabitants may move freely about the national territory, change
domicile or
residence, leave the Republic and return to it and, in accordance with the law,
bring their property into the country
or remove it therefrom. Migration shall
be regulated by the law on the basis of these rights.
491. The Juvenile Code merely states
that a child may not be separated from his family except in special
circumstances for his protection.
There is no mention of family reunification
in cases when a child has been separated from his parents and lives
abroad.
492. In practice, the entry or exit of children, travelling alone
or without their parents or other persons legally responsible for
them, requires
a visa issued by the Directorate-General for the Protection of
Juveniles.
493. The exit of children is currently subject to strict
control as a result of Paraguay's experience with trafficking in children
ostensibly for adoption. The courts and attorneys make a thorough analysis of
the situation and require evidence justifying the
issue of the necessary
authorization. This process is slow owing to the nature of the investigation
which must be undertaken.
494. The first step is to submit the
application for an exit visa to the Directorate-General for the Protection of
Juveniles. If
the child is to travel alone or with a person other than his
parents or other persons legally responsible for him, their written
consent is
required. If he is to travel with only one of his parents, the written consent
of the other is required. This process
involves the submission of documents
certifying the identity of the child's parents and his kinship with them,
together with their
written consent to the child's departure.
495. The
departure of a child travelling alone requires judicial authorization.
Applications are handled by a lawyer representing
the applicant, either a parent
or the child, in the juvenile guardianship court, where all the evidentiary
documents must be produced:
birth certificate, residence certificate, exit
permit issued by the Directorate-General for the Protection of Juveniles, etc.,
which
support the statement of grounds. All of this material is then submitted
to a juvenile attorney for consideration, after which he
communicates his report
to the court. The court then makes its ruling, taking into consideration the
child's opinion and his best
interests.
496. An application, including a
copy of this ruling, is then submitted to the embassy concerned, and from that
point the processing
of the application is subject to that embassy's
requirements.
497. In general terms, the obligation of the State ends
with the court's ruling on the best interests of the child.
498. Paraguay's legislation does not contain any
such measures. The procedure described above applies to such situations,
especially
when either parents or children have to leave the country.
499. Article 41 of the Constitution guarantees the
freedom of movement and residence of all inhabitants, as already pointed out in
paragraph 488.
500. With respect to restrictions, the last paragraph of
article 41 states:
"The entry of foreigners having no permanent establishment in Paraguay shall
be regulated by the law on the basis of the relevant
international agreements.
Foreigners having a permanent establishment in Paraguay shall not be compelled
to leave, except by judicial
order".
501. Article 288 deals with
exceptions to this provision in cases of "armed international conflict, whether
formally declared or not,
or serious internal unrest which places in immediate
danger the rule of this Constitution or the normal functioning of the organs
created by it, for a maximum period of 60 days". Such a measure would be
decreed by the
Executive and subject to approval or rejection by the Congress.
It would authorize the detention of "persons suspected of participation
in some
of these acts, their transfer from one point to another in the Republic, and the
prohibition or restriction of public meetings
and demonstrations. In all cases
the suspected persons shall have the option of leaving the country".
502. With regard to progress and difficulties in
connection with family reunification, it should be pointed out that a juvenile
court
must authorize the removal of a child from the country for reunification
with his parents; in view of Paraguay's unhappy experience
with trafficking in
children a few years ago, a thorough investigation is carried out, including
scrutiny of the facts and the documents
presented to the court, before the
child's exit is authorized.
503. To give one example: the biggest
difficulty lies with the embassies of foreign countries which require entry
visas; instead of
speeding up the procedures these embassies can obstruct them,
usually by requesting endless documents and information; they also
submit
repeated inquiries and questions to the agency submitting the visa application
in order to verify the truth of the statements
made.
E. Illicit transfer and non-return
(article 11)
- The steps taken to prevent and combat the illicit transfer and
non-return of children abroad, including legislative, administrative
or judicial
measures, as well as mechanisms established to monitor such
situations
504. By virtue of the parental authority which Act
No. 903/81 confers on the father and mother with equal rights and duties,
if a
child has to leave the country with one parent or with a third person, a
special authorization by the parents must be issued through
the relevant
administrative organ of the Ministry of Justice and Labour - the
Directorate-General for the Protection of Juveniles.
505. Article 223 of
the Criminal Code ("On trafficking in minors") states:
"1. Anyone who exploits the poverty, frivolity or inexperience of the holder
of parental authority by offering money and thus secures
the surrender of a
child for adoption or placement in a family shall be sentenced to deprivation of
liberty for up to five years.
The same sentence shall be imposed on anyone
involved in receiving the child.
2. The sentence shall be increased to deprivation of liberty for up to 10
years if the guilty party
(i) Circumvents the legal procedures for adoption or family
placement,
(ii) Acts in order to obtain financial gain, or
(iii) By his conduct exposes a child to the risk of sexual exploitation or
exploitation of his labour".
506. Given the situation with regard to
international adoption and trafficking in children and the burden of the related
negotiations
for adoption lawyers, on 22 October 1997 the Government passed the
Adoption Act (No. 1116), discussed below in section H (Adoption),
in order
to eliminate these malpractices and regulate adoption under strict legal
controls.
- Any bilateral or multilateral agreement on this subject concluded by
the State Party or to which it may have acceded and the impact
they have
had
Convention on the Protection of Children and Cooperation in respect of
Intercountry Adoption, ratified by Act No. 900 of 31 July
1996;
Inter-American Convention on the International Return of Children, ratified
by Act No. 928 of 20 August 1996;
Convention on the Civil Aspects of International Child Abduction, ratified
by Act No. 983 of 7 November 1996;
Inter-American Convention on International Traffic in Minors, adopted on 18
March 1994.
- Progress achieved and the difficulties met with in countering such
situations, together with relevant data on the children concerned,
including by
gender, age, national origin, place of residence, family status and relationship
with the perpetrator of the illicit
transfer.
507. There are no
statistics showing the true magnitude of this problem, but there have been some
investigations which may serve as
a starting point for reflecting the situation.
In 1997 the work of the Centre for Judicial Investigation on matters involving
children
represented 51% of its total caseload for the year; it effected 59
rescues or returns, 38 verifications, 30 night raids, and 29 successful
searches
for individuals.
508. The passage of the Adoption Act in 1997 led to the
suspension of all international adoption proceedings; this development caused
controversy throughout the country in view of the large number of young children
who had been given in adoption to ostensibly foreign
families without their true
destination being known. This activity was extremely profitable for adoption
lawyers and for parents
who surrendered their children without scruple.
"Excepted from the scope of the present Act are international adoption
proceedings initiated before the entry into force of Act No.
678/95 which
are pending before a body of the Judiciary.
511. The situations of adopted children taken to the
United States of America (the country receiving most of the adopted children)
have been monitored since 1994, for the adoptive parents have an obligation to
submit quarterly reports for four years on the situation
the children taken
abroad pursuant to provisions of decrees of the Supreme Court of Justice. This
exercise was to be carried out
under the responsibility and guarantee of the
adoption lawyers. The obligation has never been fulfilled, which is why
juvenile attorneys
are following up these cases, with all the countless
difficulties involved in such work, especially in locating the adoptive family
in its country of origin.
F. Recovery of maintenance for the child
(article
27, para. 4)
- Measures taken to ensure the maintenance of the child in cases where
parents or other persons having financial responsibility for
the child evade the
payment of such maintenance
512. Article 53 of the Constitution
states: "Parents have the right and the duty to care for, maintain, educate and
protect their minor children. They shall be punished
by the law if they fail to
fulfil their maintenance obligation".
513. Article 71 of the Juvenile
Code states: "Parents have the duty and the right to bring up their children, to
maintain and educate
them, and to guide them in the choice of an occupation,
according to their vocation and attitude".
514. And article 256 of the
Civil Code states:
"The obligation to provide maintenance which derives from parenthood
includes everything necessary for subsistence, shelter and clothing
and for
treatment of illness. In the case of children of an age to receive education it
shall include whatever is necessary to meet
the costs of
education".
515. Article 263 continues: "The obligation to maintain a
child shall cease at the age of majority or during minority if the child
abandons his parents' house without permission".
516. Article 265 states:
"Alimony shall be paid monthly in advance".
517. Article 225 of the new
Criminal Code ("On non-compliance with the legal duty of maintenance")
states:
"1. A person who fails to comply with a legal duty of maintenance and
thereby causes the basic living conditions of the beneficiary
to deteriorate or
who is found not to have provided some other such benefit shall be sentenced to
deprivation of liberty for up to
two years or to a fine.
2. A person who fails to comply with a duty of maintenance established in
a judicially approved agreement or in a judicial order
shall be sentenced to
deprivation of liberty for up to five years or to a fine".
These
sentences are imposed on the parents not because they lack the financial
capacity to provide maintenance but because they refuse
to do so. To give an
example of the application of this legislation, in April 1998 in an instance of
the first case, a court sentenced
a father to 120 days in prison for
disregarding a maintenance order issued by a juvenile court.
518. As
already stated, the obligation of maintenance is an obligation of the parents;
in the absence or incapacity of the parents
the obligation falls on the
grandparents, uncles and aunts, and then on other family members according to
the closeness of their
kinship.
519. When a person liable for maintenance
is obliged to live abroad, an application is made to a juvenile court, which
then sends
a request to the courts in the country of that person's residence.
The applicant court must know the address or place of work of
the person
concerned and send full documentation verifying his connection to the child.
When these requirements have been satisfied,
the payment can be
collected.
520. This procedure is made possible by Paraguay's
ratification, by Act No. 899 of 31 July 1996, of the Inter-American
Convention
on Support Obligations.
- Measures adopted to ensure respect for the general principles of the
Convention, namely non-discrimination, the best interests
of the child, respect
for the views of the child and the right to life, survival and development to
the maximum extent
521. Measures to ensure respect for these
principles are taken by juvenile judges and attorneys, who base their decisions
on the general
principles of the Convention; or at least this is true in the
majority of cases.
- The factors and difficulties which may have affected the recovery of
maintenance for the child (for example, lack of birth registration)
or the
enforcement of decisions concerning maintenance obligations
522. The
difficulties encountered in compelling parents to pay maintenance usually stem
from the absence of any birth certification
to confirm their paternity. Such
cases require the prior issue of an order of recognition of filiation with a
statement of the proof,
in accordance with article 25 of the Juvenile Code,
which states: "All means of proof shall be admissible, except for investigation
of maternity with the aim of attributing the child to a married woman, unless
the child was born before the marriage".
523. Another very common problem
occurs when a juvenile court sends an official communication to the head of
personnel of the person
liable for the maintenance requesting to be informed of
the amount of his remuneration, whereupon the head of personnel, with that
person's prior agreement, reports a lower rate than the true one in order to
avoid a heavy assessment.
524. The amount or percentage of maintenance
payments is not established in the Juvenile Code. The level is determined by
the juvenile
courts on the basis of the child's needs and the fundamental
premise of his best interests. In such cases a court may attach more
than 50%
of the person's pay, and he has to take on more work if necessary. The amount
of maintenance is set in the court order
as a global sum, taking into account
the number of children and their needs in respect of either health care or
education.
525. The criteria and procedures for maintenance orders
include:
- A hearing to confirm the mother's signature and obtain her
agreement;
- Monthly payments in advance from the date of the order;
- Presentation and addition to the records of the case of the child's birth
certificate, which verifies recognition of filiation;
- The income of the person liable for the maintenance;
- The basic needs of the child;
- Summary statements from witnesses to verify the income of the person
liable for the maintenance.
526. As mentioned earlier, by Act
No. 899 dated 31 July 1996 Paraguay became a party to the Inter-American
Convention on Support Obligations
in order to ensure that persons liable to make
support payments who take up residence elsewhere honour their
obligations.
- Relevant disaggregated data in this area, including by gender, age,
national origin and place of residence of the child and his
or her parents, or
of the persons financially responsible for him or her.
527. According
to information published in magazines, there is a high rate of irresponsible
fatherhood, which insults both women and
children.
528. If a mother
cannot afford a lawyer, she directs her complaint to the Office of the
Attorney-General for Juveniles, which takes
it over in conjunction with a public
defender of the poor and the absent. The mother must bring forward an action
prior to the action
for recovery of maintenance, called a motion for cost-free
litigation, which delays the prosecution of the case.
529. Many defendant
fathers resort to trickery to evade their responsibility, especially if the
child was born out of wedlock. In
some cases a father will even have himself
denounced by his wife in order reduce the amount which he must pay to a child
born out
of wedlock. According to the report of the Attorney-General's Office,
more than 800 fathers are reported every year for non-payment
of
maintenance.
G. Children deprived of their family
environment
(article 20)
- Special protection and assistance to the child who is temporarily or
permanently deprived of his or her family environment or in
whose own best
interests cannot be allowed to remain in that environment;
- Alternative care for such a child, specifying the available forms of
such care (inter alia foster placement, kafalah of Islamic law, adoption
or if necessary placement in suitable institutions for the care of the
child);
- That the placement of such a child in suitable institutions will only
be used if really necessary;
- Monitoring of the situation of children placed in alternative
care;
- Respect for the general principles of the Convention, namely
non-discrimination, the best interests of the child, respect for the
views of
the child and the right to life, survival and development to the maximum
extent.
530. The Constitution does not refer expressly to children
deprived of their family environment, but article 54 ("On the protection of
children") stipulates
the obligation of the family, society and the State to
provide children with comprehensive protection and to report any abuse. The
Juvenile Code accords to all children the right to family life at home, or in a
suitable establishment in the case of orphans and
homeless children. This Code
invests the juvenile courts with competence to hear and rule in cases of
placement, custody and fostering
of children, as well as on all matters
connected with the protection of homeless children and children at risk, except
when the risk
requires action by a correctional court.
531. The Code
allows placement only for homeless and orphaned children and children at risk.
These are the grounds for ordering a
placement measure. In other cases, the
child concerned is returned to his parents, subject to a caution, provided that
the home
does not harbour some danger to his physical or mental
health.
532. Requests concerning placement, fostering or return of
children and complaints of abuse, ill-treatment, etc., are received by
the rota
juvenile judge or attorney. They go to the scene, in company with personnel of
the Centre for Judicial Investigation, in
order to verify the facts and the
existence of the reported situation.
533. The inmates of children's homes
receive little care, owing to the scant allocation of resources. Nevertheless,
they do enjoy
the services of professionals such as paediatricians,
psychologists, social workers, nursemaids and other domestic staff. But there
are no schoolteachers; when schooling is needed, an application is made to a
juvenile court for permission for the child to attend
a public school to
continue his education.
534. Children are admitted without any
discrimination. Most of them are from poor families in peripheral and marginal
districts or
from the interior; their parents are usually alcoholics and/or
illiterates and extremely poor.
535. Article 326 of the Juvenile Code
mentions bimonthly checking of children's homes by the juvenile courts, but in
practice there
is little coordination between the institutions concerned and the
courts, so that it is impossible to give effect to this
article.
536. Another problem is the failure to monitor the situation of
children after they leave a care home, for no periodic contacts are
established
and even the children's whereabouts are not known.
537. The situation is
different when such children are placed in a foster home, for then they receive
care in the family and comprehensive
upbringing and social discipline; they may
subsequently be adopted by the foster parents, but even in such cases there is
no regular
monitoring of their situation.
538. As already stated, these care
homes have no arrangements for the education of children of school age. In
order for them to attend
school an application must first be made for judicial
authorization, but there is no system for monitoring their personal situation
once they have left the home.
539. There are no records on the other
points.
540. Here the difficulties are more striking: as
pointed out earlier, the main problem is the lack of resources to provide the
children
with decent living conditions. The budget allocated to these
institutions is usually insufficient, with the result that they do
not have the
necessary facilities to provide comprehensive care.
541. The National
Children's Home, which houses about 60 children, has the necessary service staff
but lacks technical personnel such
as social workers and schoolteachers.
H. Adoption
(article 21)
- The authorities which are competent to authorize the adoption of a
child
542. According to article 227 of the Juvenile Code ("On
competence"), it is the responsibility of the juvenile courts to hear the
cases
and rule "(d) On the adoption of minors".
543. The Adoption Act
(No. 1116) was passed on 22 October 1997 in order to combat the illegal and
indiscriminate trafficking in children
and establish strict control over all
matters connected with adoption, especially intercountry
adoption.
544. In its transitional provisions this Act states (art.
3):
"Excepted from the scope of the present Act are intercountry adoption
proceedings initiated before the entry into force of Act No.
678/95 which
are pending before a body of the Judiciary. Likewise excepted are international
proceedings for the adoption of children
who already have a close and verified
affective bond with the prospective parents established during earlier adoption
proceedings
which were cancelled. The new adoption proceedings must begin
within 10 days".
545. In addition, article 38 of the Act states: "The
juvenile guardianship courts in the child's place of residence shall be
competent
to rule in cases of adoption".
546. Article 28 provides for the
creation of an Adoptions Centre, with the following functions:
1. To support the competent court, through the technical department, during
the maintenance of the family link; to collaborate in
investigations to identify
children and their biological families and in the tracing of the families of
children of unknown parents;
2. To provide due advice and information about the legal consequences and
requirements of adoption to the persons, institutions
and authorities whose
consent to the adoption is required;
3. To monitor adoption proceedings;
4. To receive from the courts applications for national adoption, examine
them and provide the relevant information;
5. To receive from the central authorities of other countries applications
for intercountry adoption, examine them and provide the
relevant
information;
6. To keep an up-to-date register of children declared for
adoption;
7. To assess persons applying to adopt a child and ensure that they are
suitable in the light of the legal requirements;
8. To collect, store and exchange information about the situation of the
child and the prospective parents, to the extent necessary
for ensuring a good
adoption and its success;
9. To accredit and supervise the care institutions in which children to be
placed in foster families are temporarily housed;
10. To submit to the competent court a properly justified adoption proposal
for each child, to serve as the starting-point for the
adoption hearing;
11. To keep a register of national and intercountry adoptions;
12. To monitor adoptions. In Paraguay this can be done with the
collaboration of the duly accredited governmental and non-governmental
organizations, and abroad through the central authorities of the receiving
countries and their accredited agencies;
13. To take the necessary steps within its sphere of competence to prevent
improper financial gain from adoption and the abduction
and sale of and
trafficking in children;
14. To forge links with the central authorities and accredited agencies of
other countries, establishing permanent lines of communication
and furnishing
relevant information about legislation, statistics and other general
matters;
15. To facilitate and assist national adoptions by counselling adoptive
parents and adopted children before and after the adoption;
16. To encourage the provision of foster homes and other suitable forms of
care for children declared for adoption;
17. To make proposals for amendment or amplification of legislation with a
view to ensuring the better protection of children and
their family
members;
18. To ensure compliance with the international conventions and agreements
on adoption and the rights of the child ratified by Paraguay;
19. To establish its rules of procedure and organic and functional
structures so as to ensure the due attainment of its purposes,
and to appoint
its professional and administrative personnel.
547. The establishment of
this Adoptions Centre is the task of the Public Prosecutor's Office, and steps
are now being taken to bring
it into being.
- The applicable law and procedures and the pertinent and reliable
information on the basis of which adoption is determined
548. The
Adoption Act states:
"Article 1. Adoption is a legal institution for protecting children
in a family and social environment by means of which, under the supervision
of
the State, the adopted child joins his adoptive family as a son or daughter and
ceases to belong to his biological family, except
in the case of adoption of the
child of a legal spouse or common-law spouse.
Article 2. Adoption is provided as an exceptional means of
protecting the child and it is established to serve the child's best
interests.
Article 3. Adoption is full and indivisible and confers on the
adopted child a filiation which replaces his filiation by birth and accords
him
the same rights and duties as the biological children of the adoptive parents.
The adopted child's ties to his biological family
cease from the moment of
adoption, subject to compelling considerations of consanguinity. When the
adopted child is the offspring
of a legal spouse or common-law spouse of the
other sex, such ties shall cease only with respect to the other natural
parent.
Article 4. A lack or shortage of material resources on the part of
the child's biological family shall in no case constitute sufficient grounds
for
loss of his right to be raised by it".
549. Chapter VII ("On procedure")
states:
"Article 33. Applications for intercountry adoption shall be
submitted solely to the main office of the Adoptions Centre in the capital
through
the central authorities of the country of the adoptive parents. Any
applications for intercountry adoption which do not comply with
the procedure
established in this article shall be invalid. Applications for national
adoption shall be submitted to the roster
court, which shall transmit them to
the Adoptions Centre for processing.
Article 34. Applications for adoption must be accompanied by
documents and information on the personal situation, judicial record, family and
social background, and material means of the adoptive parent or parents.
Article 35. The Adoptions Centre shall be responsible for finding
suitable Paraguayan families to adopt each child declared for adoption and
shall
furnished a detailed written explanation if it cannot find such
families.
Article 36. The Adoptions Centre shall regulate the following
aspects of the administrative procedure:
(a) Conditions and requirements for supervision during the period of
maintenance of the family link;
(b) Verification of the child's identity and
history;
(c) Location of the child's biological parents and other
family members;
(d) Documents and reports constituting the files on adoptive parents and
children declared for adoption;
(e) The procedural requirements to be satisfied in the proceedings with
respect to children and adoptive parents, prior to the
submission of the
adoption proposal to the court.
Article 37. The court's declaration of a child for adoption shall be
communicated to the Adoptions Centre together with all the relevant documents
and information. On receipt of this communication, the Adoptions Centre shall
take the necessary steps to select possible adoptive
parents.
Article 38. The guardianship courts in the child's place of
residence shall be competent to rule in adoption proceedings.
Article 39. The parties to adoption proceedings are:
(a) The child;
(b) The child's counsel;
(c) The adoptive parents' counsel;
(d) The juvenile attorney;
(e) The biological parents in cases of adoption by a legal spouse or
common-law spouse.
Article 40. The judge shall begin the adoption hearing by
considering the application of the adoptive parents and the adoption proposal
submitted
by the Adoptions Centre and shall hear the juvenile attorney or the
child's counsel. If the proposal is accepted, the judge shall
invite the
adoptive parents to make a statement. At the same time he shall verify:
(a) The identity of the adoptive parents;
(b) That the adoptive parents are suitable and satisfy the suitability
criteria;
(c) That the adoptive parents have had access to all the information on
the background of the child whom they are going to adopt
and to any other
information relating to his identity or personal history;
(d) That they have been given guidance prior to their consent about the
implications and responsibilities of adoption; and
(e) That the adoptive parents are sufficiently well informed about the
monitoring to which they will be subject during the three
years following the
adoption.
At the request of a party or on its own motion the court may order any
investigations that it deems pertinent.
Article 41. The judge shall invite the child declared for adoption
to make a statement. He shall verify:
(a) The child's identity; if there is any doubt, additional proof or
testimony may be ordered;
(b) That the child has completed the period of maintenance of the family
link;
(c) That the information about the identity, origins and personal history
of the child and his forbears is correctly given and
is as detailed as possible
in the physical, medical and psychological aspects;
(d) That the child's opinion has been taken into consideration in the
light of his degree of maturity; and
(e) That the child's consent, if he is aged 12 years or older, has been
given following due counselling and free from pressure
or reward of any
kind.
Article 42. The court shall verify that the persons whose consent is
required have given it under the conditions established by this Act.
Article 43. When the adoption proposal has been considered and if
there is no other information to be obtained, the court shall order the
provisional
placement of the child with the prospective adoptive parents for a
period of not less than 30 days, except when the child is a son
or daughter of a
legal spouse or common-law spouse or has been in the care or guardianship of the
adoptive parent for more than two
years.
Article 44. During this period of provisional placement the
technical department of the Adoptions Centre shall monitor and assess the
child's
adaptation and report thereon to the court. If this report is
favourable, the provisional placement shall be terminated. If the
report is
unfavourable, the court shall immediately decide whether to terminate the
provisional placement and shall communicate its
decision to the Adoptions
Centre, which, if necessary, shall place the child temporarily in a care
institution.
Article 45. The court shall inform the Juvenile Attorney and the
Official Guardian of its action, and they shall give their views within a
peremptory time-limit of three days. When the file has been returned and if
there is no other evidence to be produced, the court
shall give notice of the
pronouncement of its ruling.
Article 46. If there is other evidence to be produced, the
proceedings shall be re-opened for a peremptory period of 10 days, within which
any items of evidence submitted by the parties or required by the court itself
shall be presented. On the expiry of this time-limit
the court shall give
notice of the pronouncement of its ruling, which must be delivered within a
time-limit of three days.
Article 47. In the same judicial order as the one granting the
adoption the court shall mention the period of monitoring, which shall last
for
three years and be effected by the Adoptions Centre. Intercountry adoptions
shall be monitored through the central authorities
of the receiving country.
The court shall verify in all cases that the adoption is not being used for
purposes of improper gain.
Article 48. The order granting the adoption shall be appealable
before the Appeals Chamber of the Juvenile Court. The time-limit for lodging
appeals shall be three days.
Article 49. When a case is submitted to the Appeals Chamber, the
papers shall be sent to the Juvenile Attorney, the Official Guardian and the
adoptive parents, in that order, and they must make their comments within three
days.
Article 50. On the expiry of these time-limits the Appeals Chamber
shall give notice of the pronouncement of its decision, which must be delivered
within a time-limit of five days. This decision shall be final.
Article 51. The adoption shall be granted only by a final decision,
which may not be revoked.
Article 52. When the decision has become final, the adoption shall
be registered as a birth, for which purposes an official communication,
to which
is attached a certified copy of the operative part of the said final decision,
shall be sent to the Civil Registry. No
copies may be made of this original
document with its marginal annotations except by judicial order, unless the
adoptive parents
so request or the adopted child so requests once he has reached
the age 18 years.
Article 53. The adoption may be annulled at the request of the
adopted child or of the biological mother or father by means of special
proceedings
before a guardianship court.
Article 54. A petition for annulment must be entered within a
maximum period of three years from the date of registration of the adoption in
the Civil Register.
Article 55. All the documents and administrative and judicial
proceedings connected with the adoption process shall be confidential.
Certified
copies may be issued only at the request of the adoptive parents or
the adopted child if he has reached the age of majority. However,
the adopted
child may petition a competent court, through a representative or the Official
Guardian, for a waiver of confidentiality
and access to the
information".
550. In accordance with the principle of the best interests
of the child, the juvenile courts maintain strict control over the proceedings
before granting a child's adoption; they are supported in this by the Juvenile
Attorney's Office, whose staff now carry out post-adoption
monitoring to verify
the physical, psychological, environmental and emotional circumstances of
adopted children.
551. Up to 1996 the adoptive parents in intercountry
adoptions were obliged to report to the juvenile court every three months for
a
period of four years on the situation of their adopted children, in accordance
with the provisions of the decrees of the Supreme
Court of Justice, under the
responsibility and guarantee of their lawyers, but this obligation has never
been fulfilled. This is
why the Juvenile Attorney's Office is doing this
monitoring work. It reports countless difficulties in locating the adopted
children.
- The childs status concerning his or her parents, relatives and
legal guardians necessary for adoption to be considered
permissible
552. The Adoption Act states on this point:
"Article 21. Any biological parents or members of their family who
declare before a competent court their wish to give a child in adoption must
wait for a period during which the court will take all necessary steps to
maintain the link with the nuclear or extended family.
For this purpose the
court may have recourse to any institutions it deems fit. This period shall
last for 45 days and may be extended
by decision of the court. On the expiry of
this period the parents or family members may personally confirm their initial
decision.
Following such confirmation the judge, subject to prior intervention
by the Juvenile Attorney or Official Guardian, shall order
the loss of parental
authority, with an explanation of the grounds, and declare the child for
adoption. The subsequent adoption
proceedings shall take place before the same
judge. Further proceedings shall not be necessary when the child is a son or
daughter
of a legal spouse or common-law spouse, when the child has been in
foster care or in custody of a guardian for more than two years,
or when the
child is related up to the fourth degree of consanguinity to the adoptive parent
or parents.
Article 22. Children whose filiation is unknown shall be regarded as
children of unknown parents. When a competent court is informed of the
existence of children whose parents are unknown, it shall order, subject to
prior reference to the Juvenile Attorney and the Official
Guardian, an
exhaustive investigation to trace the biological parents or family. This
investigation shall last a minimum of 90 days
and may be extended by decision of
the court. If the biological parents or other family members are located,
the period of maintenance
of the family link with them must be initiated. If
the investigation period expires without the biological parents or other family
members being found, the court shall proceed to declare the child for
adoption.
Article 23. Declaration for adoption shall be determined by the
court in all cases before the adoption proceedings are initiated. The
procedures
by which a child is declared for adoption are independent of the
adoption proceedings as such.
Article 24. Failure to comply with the provisions contained in this
Chapter shall entail the nullity of the adoption proceedings".
- The involvement of the persons concerned, the circumstances under which
their informed consent is required and necessary counselling
provided, including
to allow for the consideration of the alternatives to and consequences of
adoption, and the extent to which the
participation of the child is ensured and
his or her views are given due weight
553. Article 5 of the Adoption
Act states:
"Adopted children have the right:
1. To know their origins, in accordance with the procedures established in
this Act, and
2. To be registered with the surname or surnames of their adoptive parents
and to retain at least one of their baptismal names
although the adoptive
parents may add other names.
Article 7. The following children may be
adopted:
(a) Children orphaned of both father and mother;
(b) Children of unknown parents;
(c) Children of biological parents who have been declared for
adoption;
(d) Children of a legal spouse or common-law spouse who have given their
consent in accordance with the procedure established in
this Act;
(e) Children who have been in the care or custody of the adoptive parents
for more than two years, subject to the consent of their
biological parents or
by virtue of a judicial declaration for adoption, as the case may be.
Article 9. A child may not be adopted after the age of majority,
except when the procedure for declaration for adoption has been initiated
before
he reaches that age. When two or more siblings are declared for adoption, they
may not be separated except on justified grounds.
Article 10. Persons of either sex may adopt a child, regardless of
their civil status. Other things being equal, preference shall be given
to
legally married couples, common-law couples and women. Legally married couples
must have been married for at least three years,
and common-law couples must
have lived together for at least four years.
Article 11. Adoptive parents must be:
(a) At least 25 years old;
(b) Not older than 50 years;
(c) At least 25 years but not more than 50 years older than the person to
be adopted. In the case of couples, this rule shall
apply to the younger of
them.
These age restrictions shall not apply to the adoption of a child of the
other legal spouse, or of the other common-law spouse when
the couple has lived
together for at least four years, or of a relative up to the fourth degree of
consanguinity.
Article 12. Divorced couples and legally separated couples may not
adopt a child jointly, unless the period of cohabitation with the child
to be
adopted began before the divorce or separation order was made and provided that
agreement is reached on the custody of the
child and on a visiting
schedule.
Article 13. Adoption may be granted to an adoptive parent who, after
having unequivocally manifested the wish to adopt, dies during the adoption
proceedings before the order is made, or to the surviving spouse if any.
Article 14. Adoption may not be granted to persons suffering from
infectious or contagious diseases, mental disorders or mental disability,
or to
persons who have been convicted of or are being prosecuted for a crime committed
against a child.
Article 15. A guardian may not adopt his ward while he is exercising
the guardianship or before he has rendered a duly documented account of
his
administration or before this account has received judicial approval.
Article 16. If the adopted child owns property, the adoptive parent
shall be subject to the same rights and duties as a biological parent with
respect to the administration of such property. When the child reaches the age
of majority, the adoptive parent shall be obliged
to deliver a documented
account and make good any losses caused to the child's property by his
administration.
Article 17. Concerning consent in the formal document by which
persons state their agreement to the adoption before a competent
court.
Article 18. The following persons must give their
consent:
(a) The biological parents when the child is the son or daughter of the
legal spouse or common-law spouse of the adoptive parent;
(b) The biological parents of a child who has been living for more than
two years in the care or custody of the adoptive parent
or parents;
(c) The child if aged 12 years or older;
(d) The adoptive
parents.
Article 19. From the age of 12 years a child must give his consent
to the adoption, following a period of living with the adoptive
parents".
554. As stated earlier, in compliance with the principles of
the Convention an agreement was signed on 22 September 1997 between the
Public
Prosecutor's Office and UNICEF-Paraguay/Global Infancia on the creation of a
computerized database to provide adopted children,
their biological families and
their adoptive families with all available information relating to a child's
identity and his subsequent
monitoring.
555. This programme has a main
fact-sheet on each child containing details from the adoption record and
documents annexed thereto
which are classifiable. Being a vital tool of
identification this fact-sheet includes the child's photograph, which can be
updated
from the post-adoption monitoring reports. If no photograph is
initially available, an impression is taken of the child's footprint,
which must
be entered in the adoption record for legal reasons. The computer team will
have a scanner for recording the child's
photograph or
footprint.
556. The system has several accessory files, including
individualized data on lawyers, juvenile attorneys and their rotas, countries,
judicial districts, judges and their rotas, and authorities responsible for
submitting post-adoption reports.
- Existing safeguards to protect the child, including any monitoring
mechanism put in place
557. Until the Adoptions Centre begins to
function such safeguards are established by the juvenile attorneys and courts on
the basis
of the principles of the Convention and the Adoption Act, always on
the basis of the best interests of the child.
558. They maintain strict
control in any adoption proceedings and investigate the circumstances of the
case by means of detailed examination
of the documents, interviews with the
parties concerned, and if necessary visual inspection of the place where the
child will live;
they also ensure the subsequent monitoring of the case. The
legal work is thus not limited to the delivery of children for adoption;
it also
involves monitoring to verify that the adopted child is still living in good
physical and psychological circumstances.
559. Once the Adoptions Centre
materializes - a matter for the Public Prosecutor's Office - its functions will
be:
"Article 28. An Adoption Centre shall be established as the central
administrative authority for adoptions. It shall be an autonomous
body.
[...]
Article 30. The Adoptions Centre shall be run by a Director-General
and a Board of Management, advised by a multidisciplinary technical group.
It
shall also have a permanent secretariat appointed by the Board of Management.
In order to be appointed Director-General a candidate
must
be:
(a) Paraguayan;
(b) A university graduate with more than five years experience in
child-protection work; and
(c) Of recognized professional ability.
The Board of Management shall consist of five members or representatives of
the following bodies:
(a) The Adoptions Centre (its Director-General);
(b) The National Children's System;
(c) The Secretariat for Women;
(d) The Public Prosecutor's Office; and
(e) Non-governmental organizations.
Members of the Board must have the requisite ability and at least three
years' experience in child-protection work. Members of the
Board shall not be
paid fees. The Technical Department shall have at least the following
professionals: two lawyers, two psychologists,
a paediatrician, and four social
workers.
Article 31. Candidates for the post of Director-General shall submit
up to three copies of their curriculum vitae to the Public Prosecutor's
Office,
which shall make the appointment on the basis of proven merit and ability. If
there are candidates of equal merit the Office
may hold a competitive test.
Members of the Board shall be appointed by their respective agencies.
Article 32. In addition to submitting adoption proposals, the Board
of Management of the Adoptions Centre, advised by the Technical Department,
shall also give an opinion on adoption proposals submitted to the competent
courts.
- The effects of adoption on the rights of the child, particularly his or
her civil rights, including the childs identity
and the right of the
child to know his or her biological parents.
560. Article 5 of the
Adoption Act states:
"Adopted children have the right:
1. To know their origins, in accordance with the procedures established in
this Act; and
2. To be registered with the surname or surnames of their adoptive parents
and to retain at least one of their baptismal names
although the adoptive
parents may add other names.
In this connection the juvenile courts shall be guided by the best interests
of the child and strict compliance with the law, in
particular article 56 of the
Civil Registry Act (No. 1266), which states: "Civil Registry officials
shall not register ridiculous
names or names which may lead to error as to the
child's sex, or more than three names".
The juvenile courts therefore
prohibit the use of ridiculous names in order to ensure that the child will not
be mocked by other persons
at some time in the future.
561. Children can
exercise the right to know their biological parents by reference to the database
described above. And article 22
of the Adoption Act states that in the case of
children of unknown parents or orphaned children the competent court, after
hearing
the opinion of the Juvenile Attorney and the Official Guardian, shall
carry out an exhaustive investigation to trace the child's
biological parents or
members of their family. This investigation lasts for 90 days and may be
extended. Once the parents have
been located, a period of maintenance of the
family link begins. If the time-limit expires without the parents or family
members
being located, the court proceeds to declare the child for adoption.
This investigation work will be carried out with the support
of the Adoptions
Centre.
- Such a solution is only considered as an alternative means of care for
the child if he or she cannot be placed in a foster or an
adoptive family or
cannot in any suitable manner be cared for in the childs country of
origin
562. Article 6 of the Adoption Act states:
"Adoption may be granted to persons living abroad provided that they satisfy
the legal requirements. Intercountry adoption may be
granted as an exception
and to supplement national adoption. Adoption by nationals or by foreigners
having a permanent establishment
in Paraguay shall be given priority over
adoption by nationals or foreigners resident abroad".
563. Chapter V,
article 25, states:
"Intercountry adoption means the adoption by persons resident abroad of
children domiciled in Paraguay. Intercountry adoption shall
be permitted only
with those countries which have ratified the Hague Convention on Protection of
Children and Cooperation in respect
of Intercountry Adoption".
- The child involved in intercountry adoption enjoys safeguards and
standards equivalent to those existing in the case of national
adoption
564. Article 26 states:
"A child adopted by persons not resident in Paraguay shall enjoy the same
rights as a child adopted in the country of residence of
the adoptive parents.
The child shall have the permanent right to enter and to leave the receiving
country of the intercountry adoption".
- Placement by intercountry adoption does not result in improper
financial gain for those involved in it
566. One of the reasons for
the introduction of the Adoption Act was precisely to eliminate the financial
gain obtained by many adoption
lawyers for arranging intercountry
adoptions.
567. One of the functions of the Adoptions Centre is to take
steps to prevent undue financial gain in adoption cases as well as the
abduction
of children and the sale of and trafficking in children.
- Appropriate mechanisms have been established to monitor the situation
of the child, including following his or her placement through
intercountry
adoption, and to ensure that his or her best interests prevail as a paramount
consideration
568. The Adoptions Centre is also intended to monitor
adoptions. This can be done in Paraguay through the collaboration of duly
accredited
governmental and non-governmental institutions, and abroad through
the central authorities of the receiving countries and their accredited
organs.
569. Relations will be established with the central authorities
and accredited organs of other countries, including the opening of
permanent
lines of communication and the provision of information on legislation, as well
as statistics and other specific or general
information.
570. As already
mentioned, until the Adoptions Centre begins to function the Juvenile Attorney's
Office is responsible for carrying
out monitoring to verify the living
conditions of children adopted in the United States of America (the country
receiving most Paraguayan
children through intercountry
adoption).
85. Reports should also indicate:
- Any bilateral or multilateral arrangements or agreements concluded by
the State to promote the objectives of article 21 (for example,
the Hague
Convention of May 1993 on Protection of Children and Cooperation in respect of
Intercountry Adoption)
571. The following are the international
adoption agreements ratified by Paraguay:
- Convention on Protection of Children and Cooperation in respect of
Intercountry Adoption, ratified by Act No. 900 of 31 July 1996;
- Inter-American Convention on the International Return of Children,
ratified by Act No. 928 of 20 August 1996;
- Convention on the Civil Aspects of International Child Abduction, ratified
by Act No. 983 of 7 October 1996.
- Within this framework, the measures adopted to ensure that the
placement of a child in another country is carried out by competent
authorities
or organs
572. Article 29, paragraph 12, of the Act stipulates that
it is the responsibility of the Adoptions Centre to monitor adoptions through
the central authorities of the receiving countries and their accredited
organs.
573. Paragraph 14 provides for relations with the central
authorities and accredited organs of other countries through the establishment
of lines of communication and provision of relevant information on legislation,
as well as statistics and other specific and general
information.
574. Article 33 states:
"Applications for intercountry adoption shall be submitted solely to the
head office of the Adoptions Centre in the capital through
the central
authorities of the country of the adoptive parents. Any application for
intercountry adoption which does not comply
with the procedure established in
this article shall be invalid. Applications for national adoption shall be
submitted to the rota
court, which shall transmit them to the Adoptions Centre
for processing".
It must be stressed that there are no mechanisms to
ensure the intervention of the authorities of other countries in the placement
of children; the only measure in place is the post-adoption monitoring carried
out by the Juvenile Attorney's Office.
- Relevant disaggregated data on the children involved in intercountry
adoption, including by age, gender, status of the child, situation
of the
childs family of origin and of adoption, as well as country of origin
and of adoption;
- Progress achieved in the implementation of article 21, difficulties
encountered and targets set for the future.
575. The passage of the
new Adoption Act put an end to intercountry adoptions and to all illegal
trafficking in children. It closed
the book on a perverse trade involving legal
professionals and the courts and a group of unscrupulous people which had for
decades
profited from the poverty of many parents by putting heavy pressure on
needy mothers to surrender their children to third persons
through the
intercountry adoption procedure.
576. The creation of the Adoptions
Centre is the responsibility of the Public Prosecutor's Office, which is
currently making all the
necessary arrangements for the opening of this
institution, for its effective operation will help to improve the application of
the
Adoption Act.
I. Periodic review of placement
(article 25)
577. Cases of violation of the rights of the
child reported by parents, neighbours or other third persons are automatically
dealt
with by the Public Prosecutor's Office acting through the juvenile
attorneys; depending on the seriousness of the case, a juvenile
court may order
the victim to be placed in an institution for treatment, which includes a
periodic review of his progress.
578. Juvenile offenders are subject to
such legislation as the Juvenile Code, article 328 of which states:
"The professional personnel (doctors and psychologists) of the children's
reeducation homes and institutes shall conduct periodic
reviews of the children
placed therein, report to the court on their progress, physical and mental
state, interests, general behaviour
and level of education, and make any
recommendations that they deem fit".
579. Such reviews are not carried
out fully in practice. Although these institutions do have medical
professionals (only for first
aid) and psychologists, they are there only to
provide treatment within their own institution; any reports are made to their
superiors.
Reporting to the courts is a task for the institution's director
alone, for he bears the responsibility for full compliance with
the laws and
regulations governing his administration.
580. Article 336 states:
"Juvenile attorneys shall make bimonthly visits to the establishments of the
Directorate-General for the
Protection of Juveniles". In practice there is no
effective coordination among the various institutions involved in this
process.
581. The draft Children's Code regulates matters connected with
the health care of children.
Article 15 states:
"Children have the right to physical and mental health care, to the
necessary medical treatment, and to equal access to services
and activities in
the areas of health promotion, information, protection and rehabilitation. The
medical and health practices and
customs of the children's communities shall be
respected, provided that they do not constitute a danger to their lives or
physical
or mental integrity".
And article 16 states:
"The State shall operate permanent programmes of medical and dental
treatment to prevent childhood diseases, together with health
education
programmes for parents, teachers and children".
- The authorities considered competent for such purposes, including any
appropriate independent mechanism established
582. The competent
authorities for these purposes are the juvenile courts, which act on prior
notification of the physical and mental
state of the children
concerned.
583. The current Code of Criminal Procedure and its revised
version, which is to enter into force on 1 June 1999, stipulate that it
is
the responsibility of the competent court to order the transfer of prisoners to
care facilities for physical or psychiatric treatment.
- The circumstances taken into account in deciding on the placement of
the child for his or her care, protection and treatment
584. Only
extremely urgent cases, such as those requiring surgical intervention, and cases
of chronic illness or behavioural disorder
pointing to a mental illness, are
transferred to care facilities for treatment.
- The frequency of review of the placement and treatment
provided
585. As already noted, there is no monitoring of reviews of
placement or treatment.
- The respect ensured to the provisions and principles of the Convention,
including non-discrimination, the best interests of the
child and respect for
the views of the child
586. Since there are no periodic reviews of
the conditions of placement of children for their protection or for medical
treatment
of a physical or mental problem, non-compliance with the principles of
the Convention may be inferred in this respect.
- Relevant data on the children concerned, including in situations of
abandonment, disability and asylum seeking and refugees, including
unaccompanied
children, and in situations of conflict with the law, disaggregated inter
alia by age, gender, national, ethnic and social origin, family situation
and place of residence, as well as by duration of placement
and frequency of its
review
587. No data are available.
- Progress achieved in the implementation of article 25, difficulties
encountered and targets set for the future
588. Progress is expected
to follow the adoption of the new Children's Code, which at the time of drafting
this report is under consideration
in the Chamber of Senators, for it will
provide new and better safeguards for children.
589. Most of the
difficulties encountered can be attributed the frequent lack of sufficient
resources to carry out policies to accord
these children an opportunity to join
a programme of integrated rehabilitation which will attend to their physical,
mental and moral
health and facilitate compliance with the principles of the
Convention.
J. Abuse and neglect including physical and psychological
recovery
and social reintegration
(articles 19 and 39)
- Whether legislation (criminal and/or family law) includes a prohibition
of all forms of physical and mental violence, including
corporal punishment,
deliberate humiliation, injury, abuse, neglect or exploitation, inter
alia within the family, in foster and other forms of care, and in public or
private institutions, such as penal institutions and
schools
590. Article 8 of the Juvenile Code states:
"Every minor has the right to:
...
(d) Humane treatment by his parents, guardians or custodians;
(e) If orphaned or homeless, a family environment in a private home or in a
suitable establishment;
...
(h) Treatment and attention suited to his aptitudes and physical and mental
capacities".
591. And article 134 of the new Criminal Code
states:
"A person legally responsible for the education, guardianship or care of a
child aged under 16 years who subjects this child to severe
mental
suffering or severe and repeated maltreatment, or damages his health, shall be
sentenced to deprivation of liberty for up
to two years or to a fine, unless the
offence is punishable under article 112".
Article 112 states:
"1. A sentence of deprivation of liberty for up to 10 years shall be imposed
on a person who deliberately or consciously with injury:
(1) Places his victim in mortal danger;
(2) Seriously maims him or inflicts lasting scars on him;
(3) Severely impairs the use, to a considerable extent and for a long
period, of his body or senses, his capacity to cohabit and
reproduce, his
physical strength or mental powers, or his capacity to work;
(4) Causes him a serious or distressing illness.
2. A person who, in knowledge what he is doing, inflicts grievous physical
maltreatment or physical injury on another person and
thereby causes one of the
results indicated in paragraph (1) shall be sentenced to deprivation of liberty
for up to five years.
Attempts to commit these offences shall also be
punishable".
592. At school, children are protected against all kinds of
violence; this protection is stipulated in the primary school regulations,
article 48 of which states: "Pupils are entitled to be treated with care and
understanding without any discrimination. Their personalities
must be
respected, and they must not be harmed by word or deed". However, there are
still teachers who verbally abuse their pupils.
593. Article 579 of the
current Code of Criminal Procedure states:
"The judicial and administrative authorities shall take special care to
ensure in matters within their competence:
...
7. That prisoners are not subjected, on any grounds or pretext whatsoever,
to hardship greater than is required by the sentence
to which they have been
condemned or strictly imposed by considerations of their security;
8. That any public employee who inflicts on prisoners in his charge harsh
treatment, verbal insults or arbitrary punishment or confines
them in places in
the establishment not intended for confinement shall immediately be brought
before a court for condign punishment".
594. Article 40 of the draft
Children's Code states:
"Children have the right to freedom, respect and dignity as human beings in
the process of developing and as subjects of law. Accordingly,
a child's
physical, mental and moral integrity shall be inviolable, including the
protection of his self-image and his personal identity,
values, ideas and
beliefs, and his personal space and ambitions. Children have the right to be
heard in any judicial or administrative
proceedings affecting
them".
595. This point calls for the following comment: the guarantees to
protect these rights exist in theory, but in practice children,
like women,
still fall victim to domestic violence. Children in the interior of the country
are frequently subjected to sexual abuse
and corporal punishment, and there have
been instances of brutal beatings when the child was saved only by the
intervention of neighbours
and/or magistrates and government
attorneys.
596. Even so, very few such cases are reported, and the
figures do not reflect the true situation of children and women in their homes,
for violence in all its forms is taken for granted; and in some cases the
victims, out of fear or misplaced shame, do not make a
public complaint,
especially when the perpetrator is a close family member, as he usually
is.
- Other existing legal safeguards relevant to the protection of the child
as required by article 19
597. There are no safeguards other
than those mentioned above.
- Whether complaint procedures have been foreseen and the child can lodge
complaints, either directly or through a representative,
as well as remedies
available (for example, compensation)
598. A Juvenile Complaints
Department was created in July 1997 in order to improve the service to the
public, since formerly the receipt
of complaints was a responsibility of
prosecution officials, which meant that not all complainants were properly
attended to.
599. This Department is headed by a government attorney and
is responsible for receipt of complaints of the violation of the rights
of
persons aged up to 20 who are victims of the act in question. The situation is
different when a child is the perpetrator and
has committed an act addressed and
punishable by the law; in such cases complaints about children aged up to 14
years are receivable.
600. The Department works in conjunction with the
attorneys of the juvenile guardianship and correctional courts. The complaints
are analyzed and processed, signed by the duty attorney and then transmitted to
the rota guardianship or correctional court, as
appropriate.
601. Children may lodge complaints with the Department
directly or through a representative.
602. There is also the Public
Prosecutor's Department for Assistance to Victims of Crime. Its main function is
to provide counselling
and comprehensive psychological, social and legal
services, to carry out investigations (to determine the damage to the victim,
his
family and community), to offer guidance and support to parents and
children, making victims aware of their rights, and to cooperate
with national
and foreign public and private institutions which provide assistance to victims
of crime.
603. The Department intervenes at the request of a government
attorney or a court, not only in the case of offences specified in criminal
legislation but also in the situations addressed in the Juvenile Code and other
legal instruments.
604. It also deals with cases involving institutions
and with spontaneous requests, i.e. from individual adults, children and young
people applying on their own initiative.
605. According to reports of the
Public Prosecutor's Office, since the opening of this Department in 1997
women have constituted the
majority of the victims assisted. Out of a total of
1,703 persons assisted, 1,205 were girls aged six to 15.
606. The
Department is currently facing problems which restrict its proper functioning,
such as lack of infrastructure and communication
facilities. It has urgent need
of a telephone hotline for confidential receipt of complaints, computers,
reclassification of its
professional staff, provision for payment of travel
expenses, etc.
607. The courts also monitor the handling of the
complaints submitted to them in order to speed up the
proceedings.
608. Where remedies are concerned, there have not yet been
any instances of compensation; but cases have been prosecuted in the juvenile
courts and offenders punished. It must be stressed that the slowness of the
proceedings, especially in cases of this nature, works
against speedy
resolution, for a long time usually elapses between the commission of the
offence and the punishment of the offender.
- The procedures developed for intervention by the authorities in cases
where the child requires protection from any form of violence,
abuse or
negligence, as required by article 19
609. See the answer to the
preceding question.
- The educational and other measures adopted to promote positive and
non-violent forms of discipline, care and treatment of the
child
610. Article 48 of the primary school regulations
states:
"Pupils are entitled to be treated with care and understanding without any
discrimination. ... Their personalities must be respected,
and they must not be
harmed by word or deed".
611. Another measure is the guidelines contained
in the Education Reform concerning the encouragement of a bond between teacher
and
pupil within a framework of respect, understanding and harmony that will
facilitate learning and enhance interpersonal relations.
Emphasis is given to
the need to abandon every kind of discriminatory or violent
practice.
612. In this connection, in 1997 and during the period since
1998 incidents occurred in institutions both in the capital and in the
interior
and came to public knowledge: secondary pupils reported a number of cases of
ill-treatment and some of arbitrary action
by the head of their institution and
secured intervention by the Ministry of Education to resolve the
dispute.
- Any information and awareness-raising campaigns to prevent situations
of violence, abuse or negligence and to strengthen the system
for the
child-protection
613. The National Action Plan to Combat every Kind
of Violence against Women was initiated in 1994 and is implemented by the
Secretariat
for Women; it includes a publicity and awareness programme on the
scale of violence in its various physical, psychological and moral
forms, the
main victims of which are women and children. Since the programme started there
has been an increase in the number of
complaints of domestic violence and sexual
harassment lodged not only by the victims themselves but also by neighbours and
friends.
- Any mechanisms established to monitor the extent of the forms of
violence, injury or abuse, neglect, maltreatment or exploitation
considered by
article 19, including within the family, in institutional or other care, of a
welfare, educational or penal nature,
and the social and other factors
contributing thereto, as well as any evaluation made of the effectiveness of the
measures adopted;
in this regard disaggregated data should be provided on the
children concerned, including by age, gender, family situation, rural/urban,
social and ethnic origin.
614. The National Network against Child
Abuse, which is made up of governmental and non-governmental organizations and
was mentioned
under question 18 in the list of questions, is the body
responsible for operating supervision and protection mechanisms to combat
all
forms of violence, physical and mental abuse, ill-treatment and exploitation of
children and young people.
615. A similar function is performed by the
Community Centre for the Protection of Children (CECODIN), as well as by the
Department
for Assistance to Victims of Crime and the Juvenile Complaints
Department, both organs of the Attorney-General's Office, as well
as by the
juvenile courts and attorneys.
616. In 1997 the numbers of victims
applying to the Department for Assistance to Victims of Crime, disaggregated by
sex and age group,
were as follows:
Age
(years) Female Male
Under 5 17 10
6
to 15 196 35
16 to 25 51 15
- Effective procedures developed for the establishment of social
programmes to provide necessary support for the child and those
who have the
care of the child, including rehabilitation mechanisms
617. The 1998
UNICEF-Paraguay Plan contains a programme on "Children in difficult
circumstances"; its counterpart is the National
Centre for the Protection of the
Rights of the Child of the Ministry of Public Health and Social Welfare and the
Coordinating Office
for the Rights of the Child; this programme has the
following aims:
- To strengthen the National Network against Child Abuse;
- To train members of institutions caring for victims of abuse (especially
in care homes) in methods of treatment;
- To create a documentation, information and reference centre to furnish
technical support to organizations members of the National
Network;
- To make the general public and in particular persons having powers of
decision in matters connected with the rights of the child
more aware of the
importance of the prohibition and prevention of child abuse;
- To conduct a study to determine the commonest forms of abuse in power
relationships (parents-children, teachers-pupils, police-children)
and their
degree of acceptance in society;
- To carry out a campaign to change cultural patterns of behaviour involving
socially acceptable or tolerated forms of child abuse;
- To set up a committee to monitor the exercise of the rights of the child,
with the power to warn against or report violations to
the general public and
the competent authorities;
- To constitute the monitoring committee from representatives of the
authorities and other actors in this process;
- To gather information about cases of flagrant violation of the rights of
the child;
- To hold monthly meetings of the committee to examine and classify the
complaints received;
- To convene press conferences to publicize the violations found, to visit
the authorities, and to inform the justice system about
such abuse;
- To develop a care and protection policy for unpaid servant girls
(criaditas);
- To hold a workshop in conjunction with the counterpart agency to devise a
policy containing measures, objectives and strategies
to tackle the phenomenon
of unpaid servant girls;
- To devise an action plan in the light of the workshop's findings for
implementation this year.
- Effective measures adopted for the identification, reporting, referral,
investigation, treatment and follow-up of instances of
maltreatment covered by
article 19, as well as for judicial involvement
618. The
effectiveness of these measures was addressed under the third subparagraph of
general guideline 88.
- The existence of any system of mandatory reporting for professional
groups working with and for children (for example teachers,
medical
doctors)
- The existence of confidential help lines, advice or counselling for
child victims of violence, abuse or neglect or any other form
considered by
article 19
619. CENADI and the NGOs working in this area are
promoting through the National Network against Child Abuse the installation of
telephone
counselling lines for victims, as well as telephone staff to handle
the calls.
620. The Department for Assistance to Victims of Crime is also
aware of the need for a direct-response system, for the lack of such
a system is
one of the Department's main deficiencies.
- The special training provided for relevant professionals. (See also
para. 34 above)
621. The training of the relevant professionals
has already been mentioned under general guideline 46.
622. One
of the functions of the Department for Assistance to Victims of Crime is to
provide psychological, social and legal services
for all victims of crime to
alleviate their severe suffering and that of their families and friends. In
addition, the governmental
and non-governmental organizations which make up the
National Network against Child Abuse work for the physical and psychological
rehabilitation of all children victims of neglect, exploitation or
abuse.
623. With regard to the progress achieved and the
targets set for the future, please refer to the annex and the document "La
niñez en Paraguay" (Children in Paraguay), the mid-term review of the
UNICEF-Paraguay cooperation programme 1995-1999.
624. The biggest of the
difficulties encountered were the lack of financial resources for training the
personnel working in this area
and the failure to devise and execute a publicity
and awareness campaign to shape public opinion.
VI. BASIC HEALTH AND WELFARE
(articles 6; 18,
para. 3; 23; 24; 26; 27, paras 1-3)
A. Disabled
children
(article 23)
92. Please provide information on:
- The situation of the mentally or physically disabled child and the
measures taken to ensure:
The child’s enjoyment of a full and decent life, in conditions
which ensure the child’s dignity and self-reliance;
The child’s enjoyment of his or her rights without discrimination
of any kind and the prevention and elimination of discriminatory
attitudes
against him or her;
The promotion of the child’s active participation in the
community
625. Disabled children are protected by Paraguay's legal
system.
626. Article 58 of the Constitution refers to the rights of
"exceptional persons". Other current legislation includes Act No. 780/79 on the
establishment of the National
Institute for the Protection of Persons with
Special Needs (INPRO) and Act No. 122/90, which sets out "rights and privileges
for
the disabled".
627. A number of governmental and non-governmental
agencies are working together to regularize care for the disabled in order to
integrate
them in social/legal, economic and cultural life.
628. In 1993
the problem of disability was being handled in a rather fragmented manner by a
number of public and private institutions
working independently without any
coordination or technical standards and with differing aims.
629. In 1993
services were available only in Asunción, and patients living in the
interior had to come there for their treatment.
As a result of the
implementation of a grass-roots rehabilitation programme, the disabled can today
obtain care locally from health
workers who have attended special training
courses.
630. That same year also saw the convening of the first National
Congress on Disability, at which, in the presence of the President
of the
Republic, the National Disability Action Plan was presented and adopted; the
Plan envisages coordinated action by all the
agencies working in this area. The
Congress also identified the need to provide integrated assistance for the
disabled.
631. Act No. 780/79 established INPRO with the aim of
"providing comprehensive protection for exceptional persons so as to offset
the
disadvantages caused by their condition and give them the opportunity through
their own efforts to play a role in the community
equivalent to the role of a
normal person".
632. INPRO is active in various areas, including: (a)
prevention, diagnosis and treatment of disabilities and rehabilitation of the
disabled; (b) campaigning against discrimination; (c) removal of architectural
barriers; (d) training for the disabled; and (e) jobs
for the disabled. All of
these activities are carried out by INPRO itself in the capital and through NGOs
to which INPRO furnishes
technical and financial support, and in rural
communities by means of the grass-roots rehabilitation
programme.
633. The main obstacles are:
Lack of funds: as
the country's population increases INPRO has to take on new patients, but its
budget remains insufficient to meet the growing
needs.
Architectural
barriers: disabled persons still find it difficult to move about in the
country's towns, especially on means of transport.
Mental
barriers: the general public remains unaware of the need for solidarity and
understanding towards the disabled.
Prevention of disabilities:
the number of disabled persons continues to rise owing to the failure to take
preventive measures in connection with accidents,
hypertension, diabetes,
premature births and proper delivery procedures, and the consumption of iodized
salt. (Information supplied
by INPRO.)
- The child’s effective access to education, training, health care
and rehabilitation services, preparation for employment
and recreation
opportunities in a manner conducive to the child’s achieving the fullest
possible social integration and individual
development, including his or her
cultural and spiritual development
634. Governmental and
non-governmental agencies carry out various activities
for the full development of the disabled on an equal footing in education and integration in the community. INPRO, for example, is active in job training and job placement in public and private institutions. This work is done by the Job Training and Therapy Division with support from the Secretariat for Job Placement, the Association of Parents and Friends of Persons with Special Needs, the Albino Luis Centre for Skills Training for Daily Life, the National Federation of Disability Institutions, etc.
- The consideration given to the inclusion of disabled children together with children without disabilities in institutions, services and facilities, including within the education system
635. Although there are special schools for disabled children, the trend
encouraged by INPRO is for them to be fully integrated in
normal
schools.
636. There are even instances of disabled young people who,
thanks to their own efforts and the support of their families and friends,
complete technical and even university courses and become effectively integrated
in society.
637. Studies have also been made of children suffering from
Down's syndrome, and some positive results have been obtained. On the
other
hand, it is clear that children with both physical and mental disability should
attend special schools, such as Teletón.
The Association of Parents and
Friends of the Mentally Disabled, an NGO providing services for persons with
special needs, also
offers education and training consistent with such persons'
limitations. These bodies also take part in the international olympic
games for
disabled children, for example at the Barcelona Olympics in 1992, where the
Paraguayan contingent did very well in athletics.
- The child’s right to special care and the steps taken to ensure
the extension, subject to available resources, to the eligible
child and those
responsible for his or her care, of assistance appropriate to the child’s
condition and to the circumstances
of the parents or others caring for the
child
638. INPRO also provides counselling for persons responsible
for the living environment of disabled persons, i.e. their families or
other
persons having official responsibility for them, in order to put across the idea
that children's disability should not be a
reason for accepting restrictions
that set them apart but that they have the potential for self-realization within
the limits of
the physical disability in question; the aim is to ensure that
this living environment helps disabled children to integrate in society.
- That, whenever possible, assistance is provided free of charge, taking
into account the financial resources of the parents or others
caring for the
child
639. INPRO provides diagnostic services and treatment for
Paraguay's disabled children entirely free of charge, including medical
consultations, laboratory and radiological tests, medicines, corrective surgery,
and rehabilitation equipment (prostheses, ortheses,
hearing aids, spectacles,
crutches, wheelchairs).
640. Disabled children are treated on a
multidisciplinary basis involving the services of psychologists, psychiatrists,
physiatrists
and physiotherapists.
641. In addition, the Directorate for
Welfare and Social Assistance, a governmental body, has carried out social
projects connected
with health, education, training, leisure, and diet.
- The measures taken to ensure an effective evaluation of the
situation of disabled children, including the development of a system
of
identification and tracking of disabled children, the establishment of any
appropriate monitoring mechanism, the assessment of
progress and of
difficulties encountered, as well as any targets set for the
future
642. There are in fact no effective evaluation measures that
satisfy this requirement.
- The measures taken to ensure adequate training, including specialized
training, for those responsible for the care of disabled
children, including at
the family and community levels and within relevant
institutions
643. These measures were discussed in paragraphs 635 to
637.
- The measures taken to promote, in the spirit of international
cooperation, the exchange of appropriate information in the field
of preventive
health care and of the medical, psychological and functional treatment of
disabled children, including dissemination
of and access to information
concerning methods of rehabilitation, education and vocational services. An
indication should be given
of the measures taken with the aim of enabling States
Parties to the Convention to improve their capabilities and skills and to widen
their experience in these areas, and the consideration given to the particular
needs of developing countries
644. INPRO is currently giving financial and technical assistance to all the national associations and foundations working in the area of disability with a view to supporting and consolidating them. This includes the expansion of the services to the whole country, the transfer of training programmes to the professional and technical staff of these bodies, and the transfer of the techniques used, so that patients in the interior have access to the same benefits furnished through effective services. INPRO also seeking to form a network of coordinated services. As a result of this work INPRO enjoys the support and recognition of the national and international communities and has been honoured by holding the presidency of the Ibero-American Confederation of National Committees, Councils and Commissions for the Disabled from 1996 to the present.
645. Paraguay is a member of the disability
legislation committee of MERCOSUR, which meets in Montevideo,
Uruguay.
646. Another project is being executed with international
assistance as part of the effort to improve the living conditions of society's
most needy groups, especially children. This project is supported by Japan and
is entitled "Equipment of a protected workshop for
the disabled" (Jasmin
Foundation); it has a budget of $38,000.
- The children concerned, including by type of disability, the coverage
of the assistance provided, programmes and services made
available, including in
the fields of education, training, care, rehabilitation, employment and
recreation, the financial and other
resources allocated, and other relevant
information, disaggregated inter alia by gender, age, rural/urban area,
and social and ethnic origin.
647. In 1998 the Government allocated
$2,509,067. By comparison, in 1993 $1,337,330 was allocated from the national
budget. Statistics
on education for the disabled will be found in the tables in
the statistical annex.
B. Health and health services
(article 24)
93. Please indicate the measures adopted pursuant to articles 6 and
24:
- To recognize and ensure the right of the child to the enjoyment of the
highest attainable standard of health and to facilities
for treatment and
rehabilitation;
- To ensure that no child is deprived of his or her right of access to
such health care services;
- To ensure respect for the general principles of the Convention, namely
non-discrimination, the best interests of the child, respect
for the views of
the child and the right to life, and survival and development to the maximum
extent possible.
648. Where legislation is concerned, article 61 of
the Constitution states:
"The State shall recognize the right of individuals to decide freely and
responsibly on the number and spacing of their children
and to receive through
the relevant bodies education, scientific guidance and adequate services in this
matter.
650. Article 63 of Act No.
903/81 (the Juvenile Code) states: "Parents, guardians and custodians of
children, under whatever title,
shall be obliged to provide them with
maintenance consistent with their age and the necessary medical
care".
Article 64 states: "Vaccination of children against endemic
diseases and the keeping of the relevant immunization booklet shall be
obligatory in the cases determined by the health authorities".
And
article 65 adds: "The health institutions shall provide the necessary equipment
and vaccines for these purposes".
651. The legislation measure which will
safeguard these rights in future is the draft Children's Code, the health
sections of which
are described in detail earlier in this
report.
652. There is also a maternal and child health programme
("Risk-free maternity" - described below) run by the Ministry of Public Health
and Social Welfare with the aim of offering preventive care to pregnant women,
including all the necessary medical treatment, through
the health centres
established in the country's various departments.
653. This point will be covered by
the answers given under subsequent sections of the
guidelines.
95. Please also provide information on the measures
undertaken in particular:
- To diminish infant and child mortality, indicating the average rates
and providing relevant disaggregated data, including by gender,
age, region,
rural/urban area, ethnic and social origin
654. According to the
1995/96 national demography and health survey, the infant mortality rates (IMR)
indicate relationships between
mortality rates and other social, economic and
regional characteristics. The first striking point is that neonatal mortality
is
higher in urban than in rural areas (19 and 17 per 1,000 respectively), while
deaths during the post-neonatal period are twice as
high in rural areas as in
urban ones (14 and 7 per 1,000 respectively); this higher rate in rural areas is
maintained at all ages
up to five years. In general terms, the eastern part of
the country has the highest rates (IMR of 34 per 1,000), while the north
and
centre-south have rates which are lower (28 and 25 per 1,000) but still higher
than the rate for Greater Asunción (19
per 1,000).
655. Biological and institutional factors seem to have a much more
direct bearing on the mortality rate for children aged one year
than the
characteristics of the region or the mother. In fact, according to the figures
from the 1995/96 survey, the mortality rate
for premature births is much higher
than for full-term births.
656. The second point is that there are big
differences depending on whether the birth weight is below or above 2,500 grams
(see tables
12 and 13).
657. The institutional factors taken into
consideration were antenatal checks and professional or traditional attendance
at delivery;
the first factor had a greater weight than the second.
Furthermore, both factors had an effect on both neonatal and postnatal
mortality.
According to the survey, in 22% of cases the birth weight was not
recorded, and 13% of the women questioned had undergone no kind
of antenatal
check.
658. In the case of the 1-4 age group, the mortality rate was
different in the period 1991-1995, rising by 12% (from 69.2 to 77.7
per
100,000). But if the 1991 data are removed (almost all the indicators for this
year are fairly atypical) and only the period
1992-1995 is considered, then a
decline of about 30% does emerge, which is consistent with the behaviour of the
overall mortality
rate.
- To ensure the provision of necessary medical assistance and health care
to all children with emphasis on the development of primary
health care,
including:
. The distribution of both general and primary health care services in
the rural and urban areas of the country and the balance
between preventive and
curative health care
659. In order to comply with article 54 of the
Constitution ("On the protection of children") and more particularly with
article 24 of the Convention on the Rights of the Child, Paraguay has
taken a
big qualitative step forward in health by accomplishing an important
transformation through the establishment of the National
Health System (approved
by Act No. 1032 of 30 December 1996). This Act entrusts to the Ministry of
Public Health and Social Welfare
the function of coordinating health policy
(including both preventive and curative measures) and also creates a system of
decentralized
health services based on departmental and district health councils
responsible for policy implementation at the regional and local
levels. The
councils are made up of grass-roots representatives, and broad participation and
responsibilities are accorded to the
departments and municipalities. It is
hoped that they will increase the cover and quality of services and improve the
implementation
of the various health strategies in accordance with local needs
and resources.
660. At present the public sector accounts for 73% of the
health cover (generally with scant resources), social security (the Social
Insurance Institute (IPS) and other public-sector social security funds) for
17%, and private prepaid medical services for 10%.
. Information on the children having access to and benefiting from
medical assistance and health care, as well as persisting gaps,
including by
gender, age, ethnic and social origin, and measures adopted to reduce existing
disparities
661. Health care has been infused with new energy as part
of the process of democratization and decentralization and now has the active
participation of local authorities and grass-roots organizations. This new
energy has facilitated the attainment of joint objectives
in the promotion and
provision of health care and in preventive action through united efforts which
have in turn led to achievements
that are noteworthy in global
terms.
662. The following were the main achievements:
(i) Consultations, hospital admissions and vaccinations were increased by
10%, with the benefits of health care reaching 3.25 million
people;
(ii) Under the Strategic Social Development Plan of the Secretariat for
Social Action of the Office of the President (involving
the Legislature and the
Judiciary, departmental and municipal authorities, political parties, the
business sector, trade unions,
rural organizations, the churches and civil
society) medical care was provided in 127 townships in the departments of
Concepción,
San Pedro, Caaguazú and Canindeyú and to 13
groups in the peri-urban area of the capital. Training was given in
collaboration
with rural organizations to 2,000 voluntary health extension
workers in rural and indigenous areas and to 216 traditional midwives.
(iii) In conjunction with UNDP and the Jasmin Foundation mobile teams were
set up for prevention and treatment campaigns, including
the Pap-mobile, the
Odonto-mobile and the Health Train, which brought health services to the
community at no charge and without people
having to travel from their homes or
places of work.
(iv) The work of focusing on vulnerable groups in rural and indigenous
townships was continued, but attention was also given during
this period to the
services available on the outskirts of Asunción, which were rehabilitated
and expanded, for they were out
of step with the demographic situation and the
demand for services. For example, 84 new health posts and eight health centres
were
built and six maternal and child hospitals were refitted throughout the
country. The residents of San Lorenzo, Fernando de la Mora,
Limpio, Mariano
Roque Alonso, Loma Pytá and Lambaré now have a district-hospital
infrastructure in keeping with the
present size of these towns of the
metropolitan area.
663. The medical-care deficit varies between the city
of Asunción (15.8%) and the rural departments of Misiones and
Guairá,
which have the lowest rates, and the departments of Presidente
Hayes (68.8%), Caaguazú, Paraguarí, Caazapá and
Cordillera,
which have the highest.
664. According to Health Ministry data, one third
of deaths among children aged under one year occur without any prior medical
treatment
(581 of the 1,570 such deaths in 1995). This figure are even higher
for post-neonatal deaths (46%), followed by deaths during the
first day of life
(30%). (See table 11 on page 25 of the report of the Technical Planning
Secretariat annexed to this report.)
. The measures adopted to ensure a universal immunization
system
665. With regard to measures to prevent infectious and contagious diseases, one of the biggest public-health efforts has been concentrated on universal coverage for immunization by vaccination. However, a series of data for the period 1991-1995 shows that, with exception of "boosters", the cover has declined for the various doses of the vaccines considered.
666. In fact,
for the initial shots of DPT and polio vaccine the reduction was in the order of
10% for children aged under one year
and 2% for the 1-4 age group. The rate for
measles vaccination varied but at the end of the period stood at the same level
of cover
as in 1991.
667. In general terms 1992 had the best level of
cover, but from that year the figures show a slight but sustained decline.
Where
some improvement is seen, even though the overall cover is lower, is in
the concentration of the three shots of DPT and polio vaccine
in the first year
of life: in 1991 the difference between the first and third shots was about 15%
but by 1995 it had fallen to about
6%. The reverse was true of the vaccination
of the 1-4 age group: as would be expected, the proportion of vaccinations rose
between
the first and third shots.
668. As pointed out above, for the
vaccination of one-year-olds against polio the cover was the same at the
beginning and end of the
period although it varied within the period in a
downward trend. The decline is clearer for the 1-4 age group, especially from
1993.
669. In the case of BCG vaccination the decline was bigger for the
1-4 group (50%) than for one-year-olds, but the biggest drop was
for
seven-year-olds (47% in 1991 and 18% in 1995).
670. The administration of
tetanus toxoid vaccine to pregnant women did not escape the decline registered
for child vaccination, with
reductions in the first and second shots during the
period. However, in this case the increase in booster shots, at even higher
levels than the proportions of first and second shots, when set against the
increases in shots at other ages (which might include
non-pregnant women) shows
that women were being vaccinated even before pregnancy and that the vaccinations
administered during antenatal
checks were only boosters. If this interpretation
is correct, tetanus toxoid had the best coverage during this period, just like
measles vaccination in the preceding period.
671. The general objective
of the "Immunizations" project was to contribute to the attainment of the
following targets of the National
Plan of Action for Children (PNAI):
(a) Certification of the eradication of poliomyelitis;
(b) Reduction of neonatal tetanus from 28 cases in 1991 to none in
1999;
(c) Reduction of measles morbidity by 90% from 225 cases in 1991 to 24 in
1999;
(d) Reduction of measles mortality by 95% from 15 cases in 1991 to one in
1991.
Although all these targets were set for 1991, at the beginning of
1994 they were converted into interim targets to be attained by
the country;
this entailed an enormous effort for the National
Programme.
672. Paraguay was declared free of polio virus in mid-1994: no
cases had been recorded for 12 years.
673. The target of eliminating
neonatal tetanus is over-ambitious in view of the low cover of tetanus
vaccination of women of child-bearing
age and the severe limitation of the
Health Ministry's financial and human resources, which prevents any extension of
the cover.
674. The national targets set for measles were attained in
1996. But the low rate of cover at the district level and weaknesses in
the
epidemiological monitoring system led to an outbreak of a measles epidemic which
has spread to the whole country since July 1997.
This development highlighted
the weakness of the expanded immunization programme, which failed to maintain
effective levels of cover,
certainly not in all districts, which would have
sustained the progress made up to 1996.
675. All the general objectives,
specific objectives and targets set in the cooperation programme have been
incorporated in and therefore
form part of the national expanded immunization
programme.
676. During this period UNICEF assistance was the main source
of technical and financial resources for the development of grass-roots
operational activities to increase the coverage under the regular programme, the
support given to the measles vaccination campaigns
in 1995, 1996 and 1997, and
the training of health personnel at the local level to avoid missing
opportunities for vaccination.
Support was also given to the epidemiological
monitoring system for flaccid paralysis and the widespread training of
traditional
midwives and extension workers to promote anti-tetanus
vaccination.
Attainment of specific objectives
1. Expansion of vaccination
cover
Objective
To achieve and sustain between 1995 and 1999 a 95%
rate of coverage for all vaccines under the expanded immunization programme for
children aged under one year and to administer two shots of tetanus toxoid
vaccine to women of child-bearing age in areas of high
risk.
Results
Support was given to the regular programme in the country's 18 health regions and to three measles vaccination campaigns (1995-1996). The strategy of house-by-house vaccination in urban areas and areas of endemic risk and of concentration vaccination in thinly populated rural areas was facilitated by the provision of funding for operational costs (subsistence, materials, travel). Support was also given to the flaccid paralysis monitoring system.
Funds were provided for the printing of teaching and educational materials
to back up the regular programme and the
campaign.
Achievements
The number of cases of flaccid paralysis was reduced from 23 in 1991 to 19
in 1996. Paraguay is one of the few countries in the
Americas which is meeting
100% of the international requirements for the eradication of polio.
The national budget makes regular provision for the purchase of
vaccines.
This is one of the few projects which undertakes local programming of activities.
Difficulties
The programme established the following targets for immunization cover (four
vaccines) for the period 1995-1999: 1995 - 80%; 1996
- 85%; 1997 - 88%; 1998 -
90%; and 1999 - 95%. The 1996 targets were not attained; the rates of cover
were DPT - 80%, measles -
81%, polio - 81%, and BCG - 89%. This was due to the
lack of human and financial resources to carry out the vaccination work in
areas
of difficult geographical access.
Priority was not given to high-risk districts.
The role and participation of departmental and municipal authorities with
respect to health have not been defined. There is thus
no local commitment to
support the vaccination work, which is regarded as a responsibility of the
Ministry of Health and Public Welfare.
A smear campaign against the Ministry had a big adverse impact on the
success of the measles vaccination campaigns in 1995 and
1996.
2. Strengthening of the health services
Objective
To strengthen the health services by means of
personnel training, elimination of missed opportunities for vaccination, local
planning,
and provision of equipment and materials for the cold
chain.
Results
The expanded immunization programme is one of the Health Ministry's
better-structured programmes and one of the few projects which
undertakes local
programming at the district level.
The sustainability of this programme is assured in terms of the availability
of vaccines and funds for human resources, for 100%
of the regular costs is
included in the national budget.
Eighty% of health personnel has received training in the cold chain and in
missed vaccination opportunities.
Ninety% of the health services is well equipped in terms of the cold chain,
vaccines and the necessary materials for the storage
and administration of
vaccines.
Difficulties
One of the programme's main difficulties is the lack of awareness and of
support for health personnel when they carry out extramural
activities to
increase the cover in places of difficult access.
The Ministry's epidemiological monitoring system does not have the necessary
support of the scientific and academic communities.
Despite the efforts made, the concept of seizing opportunities of
vaccinating children and women of child-bearing age has not been
incorporated in
the working routine of health personnel, especially doctors.
The epidemiological monitoring system does not achieve its purposes, for
information is not circulated sufficiently promptly for
action to be taken at
the regional and district levels.
Staff training, which must be a permanent activity owing to the constant
staff turnover, is sustained only by international cooperation,
for Paraguay's
own resources are insufficient to cover training and extraordinary operational
activities.
3. Promotion of vaccination
Objective
To carry out an education programme to publicize
the importance of vaccination for women and children within the context of the
promotion
of the integrated measures contained in "Para la Vida" ("For
Life").
Results
677. The Health Ministry did not prepare an
education strategy exclusively to promote vaccination, but several measures were
taken,
for example the printing of educational materials, leaflets and posters
and the production of radio and television spots to support
the vaccination
campaigns. The Paraguayan version of "Para la Vida" was published and is
being used at training events for mothers, extension workers and traditional
midwives.
678. One strategy was to undertake the widespread training of
health extension workers to promote the integrated measures contained
in
"Para la Vida". The support of these workers has been noted as very
important for the dissemination of the messages of health promotion and
education,
for there are no resources for use of mass media such as television
at the national or district levels.
Achievements
There is a good and spontaneous demand from people living in urban
areas.
Some 4,550 health extension workers were trained and they were well received
in the community.
The health regions and some of the health centres have health educators to
boost health promotion and disease prevention in rural
areas.
Difficulties
Government agencies and international
organizations have not got the resources to fund radio and television spots;
this is a serious
constraint on the dissemination of information.
- To combat disease and malnutrition, including in the framework of
primary health care, through inter alia the application of readily
available technology and through the provision of adequate nutritious foods and
clean drinking water,
taking into account the risks and dangers of environmental
degradation and pollution; reports should indicate the overall situation,
persisting disparities and difficulties, as well as policies to address
them
679. The UNICEF health cooperation programme gave priority to
activities conducive to the attainment of the interim targets mentioned
above by
means of:
(a) Institution-building projects in the sector based on
training, planning and local administration of operational resources;
(b) Active grass-roots participation through the pastoral children's
programme run by the national team of Pastoral Social and the
Health Ministry's
traditional midwives programme, which institutionalizes the presence of
grass-roots actors in the management of
health;
(c) The use of
strategies of social mobilization and communication, involving the training and
monitoring of 4,550 health extension
workers and the training of pharmacists and
medicine retailers in the early detection of indications of risk of respiratory
infections
or dehydration and recognition and referral of pneumonia.
. The proportion of children with low birth weight
680. According to the national demography and
health survey the proportion of new-born babies with low birth weight, i.e.
below 2,500
grams, was 8.9% in 1996 and 1997.
. The nature and context of the most common diseases and their impact on children
681. Tetanus remains the fifth cause of death among the newly born. Most of the reductions have been recorded in infectious causes of death such as pneumonia/influenza and diarrhoea (78.6 and 66.7%), which already stood at very low rates at the beginning of the period, while the main problems in reducing neonatal mortality were connected with causes whose alleviation requires improvement of the institutional infrastructure for care of new-born babies. This entails in turn the need for greater investment in the health sector to prevent congenital disorders, premature births, neonatal infections, and injuries caused during delivery. For children aged under one year birth injuries remain the main cause of death. The behaviour of diarrhoea is striking: in 1991-1995 it moved erratically in the order of prevalence, being the fourth cause of death in 1995. There were increases of 9.1% in congenital disorders and 1.5% in meningitis; the biggest reductions were in malnutrition/anaemia and tetanus (56.4 and 35.7%).
682. For
the 1-4 age group the commonest problems were infectious respiratory diseases
and diarrhoea, which remained the principal
causes of death, followed by
malnutrition/anaemia. The greatest difficulties were encountered in the
reduction of pneumonia and
influenza, diarrhoea and
meningitis.
683. According to the behaviour of the epidemiological
profile in the period under consideration, the biggest problem in the 1-4 age
group was to prevent deaths from infectious and contagious diseases and from
diseases which are traditionally not prevented by vaccination.
In the case of
diarrhoea a comparison of the findings of the 1995/96 surveys show an increase
of about 39% among under-fives.
684. One of the most important variations
found by the two surveys was that in 1990 most of the cases occurred in urban
areas but
five years later the countryside was more severely affected. This
fact seems to be connected with the increases recorded in the
east and
centre-south of the country, where the rise in the number of cases was about
50%.
685. Although the preliminary data from the 1995/96 national
demography and health survey do not disaggregate the various forms of
treatment
for diarrhoea, what emerges at first reading is that the treatment rate has
increased to cover more than 90% of the cases;
most of the care is provided in
the patients' homes, with the sole exception of Greater Asunción where
about 50 of the treatment
takes place "away from home".
686. The profile
of neonatal mortality in the period 1995-1996 shows that respiratory diseases
retreated from fifth to seventh cause
of death, with an effective reduction of
the rate from 0.28 per 1,000 births in 1991 to 0.06 per 1,000 in 1995. The
decline was
less in post-neonatal mortality, where these diseases alternated
with diarrhoea as first and second cause of death, and the rate
remained almost
constant at 2.23 per 1,000 in 1991 and 2.32 in 1995. Thus the total reduction
of infant mortality in the period
varied between 12 and 10% and seems to have
been due more to variations in the neonatal than in the postnatal
period.
687. As in the case of diarrhoea, it is in the 1-4 age group that
pneumonia and influenza were the commonest causes of death, remaining
constant
initially but falling from 20.8 per 100,000 inhabitants in 1992 to 17.9 per
100,000 in 1995.
688. According to Health Ministry data, there were
54,190 cases of respiratory infection morbidity in 1994, 10% of them serious.
More cases of respiratory infection were recorded in Asunción and the
departments of San Pedro, Concepción, Alto Paraná
and
Itapúa. In interpreting this order of prevalence it must be borne in
mind that the number of acute cases in Asunción
and even Itapúa
(10 and 7%) may be a reflection of the hospital facilities available in those
places; in the departments of
San Pedro (36%), Concepción (17.9%) and
Alto Paraná (14.6%) the incidence of acute cases is reversed, indicating
a
failure to provide timely treatment.
689. Another typical health
problem in Paraguay is iodine-deficiency goitre. The latest figures on the
incidence of this disease
are for 1988, when a national study revealed that 49%
of the population in the 5-15 age group was affected by an iodine-deficiency
disorder.
690. A number of measures have been taken at the national level
to tackle this problem, including regulation of the sale of iodized
salt and the
supply of iodine-oil capsules for schoolchildren. But despite these efforts the
consumption of iodized salt is still
too low, especially in the country's rural
areas (57.9%).
691. Paraguay has the following programmes to eliminate
these evils:
Control of diarrhoea
To contribute to the attainment of the following targets:
(i) Reduction by 50% of deaths due to diarrhoea in under-fives;
(ii) Reduction of the malnutrition rate in under-fives by means of correct
management of diet in the home during and following episodes
of
diarrhoea.
692. These targets were set in the light of the 1991 data, which were the latest available at the time. In the past three years emphasis has been given to technical support to supplement the regulatory process, the programming of the education campaign, and the review of public communication materials.
693. At the operational level support was given to
the training of the personnel of the institutions concerned, volunteer health
extension
workers and traditional midwives. Oral rehydration salts were
regularly supplied (150,000 sachets per year). At the grass-roots
level support
was given to the implementation of a house-to-house campaign to improve
recognition of pneumonia and maternal risk
in six vulnerable
regions.
694. The trend in the infant mortality rate (IMR) due to
diarrhoea is shown in the following tables.
Projected and actual evolution of IMR due to
diarrhoea
(children aged under one year)
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
Target IMR (per 1,000)
|
4.2
|
2.6
|
2.5
|
2.5
|
2.4
|
2.3
|
2.1
|
1.8
|
1.6
|
1.3
|
Recorded IMR (per 1,000)
|
4.2
|
2.6
|
1.5
|
3
|
3.3
|
2.4
|
-
|
-
|
-
|
-
|
Projected and actual evolution of pre-school IMR due to
diarrhoea
(children aged one to four)
Reduction by 50% from 3.8 per 1,000 in 1991 to 1.9 in
1999
|
1990
|
1991
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
Target IMR (per 1,000)
|
6,3
|
3,8
|
3,7
|
3,6
|
3,5
|
3,4
|
3,0
|
2,7
|
2,3
|
1,9
|
Recorded IMR (per 1,000)
|
6,3
|
3,8
|
2,8
|
4,8
|
5,2
|
3,4
|
-
|
-
|
-
|
-
|
695. Taking 1990 as the base year the rate is seen to decline by 50% for
children aged under one year and for the 1-4 age group.
However, the 187 deaths
caused by diarrhoea among five-year-olds in 1995 still constitutes a high
rate.
Specific objective
To ensure that all cases of diarrhoea attended by health-service professionals receive proper treatment and to improve the quality of the care of children with diarrhoea.
Results
The results are not yet all in. The activities undertaken in connection
with this objective were aimed at correcting the faulty
management of diarrhoea
in the health services and by providers of grass-roots services. To this end
the project stressed the training
of health personnel, extension workers, rural
pharmacists and traditional midwives.
Two courses were held on management and supervisory skills, together with
integrated workshops on infant survival and development,
with emphasis on the
proper treatment of diarrhoea and acute respiratory infections in 15 of the 18
health regions. Over the past
two years training has been given to some 78
doctors, 510 nurses and 4,550 extension workers, and 5,000 copies of the
simplified
rules on acute diarrhoeal diseases (ADD) for health professionals
(1996) were reprinted.
Studies entitled "ADD management by doctors and nurses" (1997) and "National
serum-production capacity" (1997) were produced. At
the request of the
Pan-American Health Organization (PAHO) and the World Health Organization (WHO),
a technical team was created
from representatives of the scientific, academic
and operational worlds in order to strengthen the implementation of the
programme,
in which UNICEF is an active
participant.
Achievements
Extensive information produced by an operational study is being used to
correct the deficiencies found in personnel training.
82% of health professionals (nurses) received training in the past five
years thanks to UNICEF assistance.
The training of nurses and health educators and the role played by them have
helped to improve the management of cases, mainly as
a result of the education
of mothers.
Difficulties
Extensive training has been given and treatment rules introduced, but the
rules are not applied in the management of cases, especially
with regard to the
children's diet. A survey on the management of diarrhoea showed that:
- It is managed properly by 22.5% of professionals in the patient's home
without dehydration by following the three rules of oral
rehydration
therapy;
- Food intake is restricted during episodes by 58% of the
personnel;
- Only 22.5% advise the mothers about warning signs and means of
prevention;
- When the rules were not followed, management of diarrhoea resulted in
dehydration;
- Serum is administered according to the rules by 58.5% of the
personnel.
The health services have not succeeded in consolidating the establishment of
oral rehydration units (ORU) because the regional and
local authorities attach
so little importance to them as a basis for the treatment and recovery of the
children, health education,
and personnel training. The result is that Paraguay
lacks model diarrhoea-treatment units in its teaching and regional
hospitals.
Most of the materials and equipment supplied for these units during the
previous cooperation period have been dispersed throughout
the service and are
used for other purposes.
The epidemiological monitoring and supervision systems have been ineffective
and are barely operational.
Specific objective
To encourage the use of oral rehydration therapy (ORT) and the correct feeding of children with diarrhoea in 80% of households.
Results
A 1994 study resulted in the reintroduction of the ORU volunteer as the sole
agent for treating diarrhoea in the community in order
to make best use of the
available human and financial resources. This function was then transferred to
health extension workers
and traditional midwives under the "midwife friend"
project. Over the past two years the project has been giving emphasis to the
integrated training of this personnel through the Ministry's health regions and
the Pastoral Social team. Training has been given
to 4,550 extension workers
and 985 midwife friends.
There were reprintings of 5,000 copies of the handbook on rules for the
management of diarrhoea by volunteers and 5,000 copies of
the rules for
management of acute diarrhoea and acute respiratory infections by rural
pharmacists.
The network of community members capable of delivering oral rehydration
salts and oral rehydration therapy was expanded as a result
of the training of
958 midwife friends, 310 traditional healers, and rural pharmacists.
A survey was carried out in 1995 to determine how the oral rehydration units
(ORU) were functioning, and in 1997 a further survey
enquired into the knowledge
and use of ORT in the home.
A 1996-1997 campaign visited 76,000 households to promote
ORT.
Achievements
The survey on the functioning of the ORUs showed that a unit was not known
as such but rather as the house of an extension worker
who could help neighbours
with health problems, that 90% of senior staff and extension workers managed
cases of diarrhoea in children
correctly, and that 96% knew where and how to
refer cases in good time. It was also found that 58% of the ORUs visited kept a
register
of cases treated and referrals.
The network of ORT suppliers and experts was expanded by incorporating local
midwife friends, pharmacists and traditional healers.
The findings of a CAP survey of heads of household and ORUs are being used
to reorient the activities.
Difficulties
Supervision of the ORUs and extension workers has been weak owing to the
failure to get the programme taken over at the local and
regional levels,
sometimes for financial reasons.
The supply of ORS to the ORUs was not uninterrupted.
The critical point in the mothers' knowledge and practice remains the
continued feeding of children with diarrhoea, which is supported
by the attitude
of health professionals, as already pointed out.
Specific objective
To help to guarantee the availability of ORS throughout the country by encouraging local production.
Results
Ever since 1980 the Health Ministry's total supply of ORS has come from
UNICEF.
A national survey carried out early in 1997 to determine the local capacity
to produce ORS indicated a maximum national production
potential of 150,000
litres a year by the Asunción and Lasca laboratories, which would be used
to meet the Ministry's demand.
At present the private companies producing or
importing ORS supply not more that 26,000 litres a year, amounting to only 10%
of
the market, for the remainder is met by salts supplied to patients free of
charge by the Ministry.
Achievements
Extensive information is now available for use in political decision-making
to support increased national production and local procurement
with public
funds.
Although the quantities are limited for the reasons pointed out above
(production and cost to the public), ORT solutions can be found
in the country's
most remote pharmacies.
The Social Insurance Institute purchases with its own funds 50,000 kilos of
salts a year from Argentine laboratories for use by its
members.
Difficulties
UNICEF has kept the Ministry regularly supplied with salts. But programming
errors due to faulty management of the central pharmacy
meant that salts were
not available for use in the summer of 1996/97. This prompted a rapid reaction
by UNICEF, which obtained 40,000
sachets as a loan from the Ministry of Health
of Peru. The situation had returned to normal by early 1997.
The distribution of salts from the centre to the regions passes through
several bureaucratic barriers - the reason for the local
and regional shortages
in the summer of 1996/67.
Salts and/or solutions are very expensive in the private commercial market,
ranging from $2.40 to $7.00 a litre to the public.
Given an annual output of 150,000 litres, the cost could be cut to $1.50
(Asunción Laboratory) and $2.40 (Lasca Laboratory)
a litre. Even these
prices are high in comparison with the $0.10 cost of a UNICEF litre.
Control of acute respiratory infections
General objective
To contribute to the
attainment of the following PNAI target:
(i) Reduction by one third of the deaths due to pneumonia among
under-fives (263 in 1991) to fewer than 87 in 1997.
696. Measures to
control acute respiratory infections (ARI) were introduced in nine of the
initially planned 11 regions regarded as
priorities from the social and
epidemiological standpoints. The plan was to tackle, despite the difficulties,
the main factors determining
the high mortality rate from pneumonia, such as
late recourse to treatment, failure to recognize the warning signs, failure to
administer
the standard treatment in the health services and the community, and
poor access to the necessary medicines.
697. Over the past three years
the project has been emphasizing the training of health personnel, voluntary
health extension workers
and midwife friends in San Pedro, Amambay, Alto
Paraná, Canindeyú, Caazapá, Guairá and
Misiones.
698. Despite the fact that 90% of professionals received
training, the application of the rules was not as successful as
expected.
699. Infant mortality from pneumonia is declining. The planned
targets are being attained for children aged under one year. However,
the gap
between the plans and the achievements in terms of the number of deaths among
under-fives may be due to a levelling-off of
the mortality reduction in this age
group.
Specific objectives
To establish a standard treatment for ARI in all the health services and ensure that 80% of cases are receiving this treatment by 1999. To guarantee the supply of medicines for treating pneumonia.
Results
The results are not yet all in. All the activities planned under this
objective were implemented. However, the cover of the training
activities is
still insufficient, for it does not reach 100% of the staff of the hospitals and
health posts and centres (especially
the doctors) as initially planned.
The strategies of this component of the project require further study at the
central and local levels, for despite the efforts made
the expected results are
not being obtained.
Big efforts have been made with respect to training and publicizing the
rules in the nine health regions initially covered. Training
was given to 766
doctors and some 600 health-post auxiliaries.
The simplified rules for treating children with ARI were printed for health
professionals.
At the request of PAHO a central technical group was formed to collaborate
on the general administration of the project.
In 1995 and 1996 UNICEF supplied the Health Ministry with drugs to meet the
needs of about 70% of non-acute cases of pneumonia (amoxycillin
and
sulfamethoxazole).
An attempt (unsuccessful because of bureaucratic and legal problems) was
made to encourage the operation of people's pharmacies to
facilitate grass-roots
access to medicines.
Achievements
The standardization process was completed.
Antimicrobials were supplied to treat 70% of ARI cases at the first level of
care.
The simplified plan for managing ARI was incorporated in the pre- and
post-graduate curricula in the Faculty of Medicine and Nursing
and at the
technical levels of the health services.
The Ministry's health regions purchased medicines for the programme with
their own funds but the cover has been limited both in quantity
and in terms of
distribution to the people.
Difficulties
No regional plans for integrated action were prepared, and activities were
carried out on an ad hoc basis rather than in accordance
with an overall view of
the process. The reluctance of regional and/or local managers to accept the
importance of ARI as a cause
of death and disease was an obstacle in this
respect.
The successful projects were the ones with a focal point who had a practical
sense of the need to implement the programme.
Although 75% of the personnel had been trained, there was a failure to apply
all the standard medication concepts, and the importance
of pneumonia remained
under-rated.
The ARI treatment units failed to function despite having the equipment
supplied by UNICEF during the previous cooperation period.
The units were not
regarded as a tool for improving treatment and patient monitoring or as a place
for in-service training.
The quality of the care provided by the services is offputting for patients
at all levels, and this limits the use made of the services.
In most of the regions progress has been slow in making the regional
officials aware of the need to promote local management and
grass-roots
participation and to mobilize local resources to guarantee the supply of ARI
drugs.
Pneumonia information campaign
Specific objective
To ensure that 50% of families are trained to
recognize the early symptoms of pneumonia and to call in the health services in
good
time.
Results
This objective has been one of the most difficult to achieve owing to the
large number of missed opportunities in health institutions,
schools, colleges
and churches and at community meetings, etc., which facilitate the dissemination
of concepts and educational messages
households.
The Directorate-General for the Promotion of Health Education carried out a
house-to-house campaign in 10 health regions to promote
the early recognition of
the symptoms of pneumonia. This campaign reached 76,000 rural households.
Educational materials (leaflets,
posters, transfers) were printed to back up the
campaign.
The Health Ministry and Pastoral Social gave training to 4,550 extension
workers, 985 traditional midwives, 310 traditional healers,
and
pharmacists.
Achievements
Reliable information, which is being used for reorienting the activities,
was obtained from a survey of 36,000 households.
The pneumonia-recognition campaign visited 76,000 households in 10
regions.
Rapid breathing is recognized by 96% of traditional midwives as a symptom of
pneumonia calling for urgent referral.
Difficulties
The survey shows that despite the efforts made over recent years only 35% of
the families questioned recognized any of the symptoms
of pneumonia.
Accordingly, one of the main factors determining the high mortality rate
from pneumonia among under-fives in Paraguay is still the
low level of demand
for treatment of children owing to ignorance of the danger signs.
Additional problems are difficulty of access to the services and economic
barriers, for in the health services the total cost of
hospitalization and
medicines must be borne by the patient.
Although the house-to-house education campaign was very well received, its
impact was restricted by people's poor motivation and
the scant human resources,
factors which usually lead to unsatisfactory results where coverage is
concerned.
Control of iodine-deficiency disorders
General objective
To help to achieve the
universal iodization of salt in Paraguay by 1995 in order to secure the
permanent elimination of iodine-deficiency
disorders (IDD).
700. This
objective was part of the strategy adopted by Paraguay in 1992 in compliance
with the proposal of the World Summit for Children
and the recommendations on
the elimination of IDD before 2000.
701. Although the salt-iodization
target set for 1995 was not achieved, 65% of salt at the consumer level and 66%
at the retail level
were properly iodized.
702. Measurement of the
concentration of iodine in urine was the main indicator used by the programme,
and its evolution demonstrates
the progress made in the country's principal risk
areas. Iodine deficiency is virtually under control in these areas, for the
average
iodine concentration rose steadily from 7.2 mg/dl (4.3% of samples below
5 mg/dl) in 1988 to 14.8 mg/dl (21% of samples below 5 mg/dl).
Specific objective
To consolidate the commitment of the Government,
the private sector and local communities to comply with the standards and rules
which make the effective iodization of salt for human and animal consumption
compulsory.
Results
As a result of the efforts of the Health Ministry and UNICEF, on 5 September
1994 by Decree No. 5401 the Government declared compulsory
the iodization of
salt for human and animal consumption and industrial use.
One of the project's main focuses was to secure the participation of
regional and local authorities (departmental and municipal governments);
they
assumed their standard-setting and regulatory functions in a responsible manner
by promulgating regulations, orders and other
instruments of control to ensure
that the salt marketed in their areas of jurisdiction was
iodized.
Achievements
Paraguay's legislation on compulsory use of iodized salt is probably one of
the best and most comprehensive in the South American
region.
Local and regional political and community leaders were made aware of the
problem and their commitment was secured.
Local regulations have added force to the activities of the Health Ministry
and have established control over the quality of the
iodized salt marketed in
the local jurisdiction.
Difficulties
The national legislation has not been observed to the expected degree. For
reasons which escape the programme's managers, the section
on the punishment of
violators was not drafted sufficiently strongly.
There has been little of the necessary coordination to combine the
supervision and technical monitoring under the programme with
the corresponding
legal measures (to be enforced by the municipalities).
Specific objective
To encourage importers, middle men and wholesalers
to establish cold chains for the marketing and distribution of iodized salt in
areas of identified risk.
Results
All the salt offered for sale in Paraguay is transported from Brazil,
Bolivia, Chile or (mainly) Bahía Blanca in Argentina,
2,000 kilometres
from Asunción. This means that carriage makes up a large part of the
product's final cost.
There are no reliable official records of Paraguay's total annual imports of
salt. According to the Central Bank, 30,000 tons were
imported in 1995 and
25,000 tons in 1988, with a downward trend observable between these two years.
Clearly, there is much under-recording
of salt imports.
The programme worked with importers, middle men, producers and distributors
to secure their assistance to increase the supply of
iodized salt.
Importers: salt imports are monopolized by five recognized companies. Yuky
S.A. controls more than a half of the total, followed
by Kameko with a little
under a quarter; the other three companies share the remainder, each holding
between five and 10%. The scale
of smuggling by informal agents is not known
but it would not seem to be very large.
Middle men: most of the salt is acquired in bulk by wholesalers for the
market and by livestock farmers to feed to their animals.
This process has led
to the establishment of chains of middle men who act as intermediaries between
the importer or wholesaler and
other dealers.
Distributors: there is a category of big and small dealers who distribute
the salt throughout the country, placing it in stores for
retail sale.
Distributors buy salt directly from an importer, middle man or producer and then
rely either on regional wholesalers
or place the product directly in retail
stores themselves.
Patient work was done with all these businesses to inform them about the
necessary technical procedures, to ensure a supply of potassium
iodide, to get
them to contribute to the financing of the iodization plant, and to motivate
them to accept the changes and the import
and production controls on iodized
salt.
Achievements
A system was established for weekly checks on importers, middle men and
producers.
Relations have been good with local authorities and with the beneficiaries
in general, who have accepted the programme's
regulations.
Difficulties
It has proved impossible to determine accurately the persisting gap between
the total supply and demand for iodized salt. Despite
the importance of this
information for the programme, no study has yet been made on the
subject.
The checking has not been regular owing to problems of logistical
support.
The control mechanisms have not been sufficiently well coordinated with
other agencies: the Ministry of Industry and Trade, the Health
Ministry and the
municipalities have done most of this work.
There is absolutely no information about salt distribution routes in
Paraguay between the importers' warehouses and final consumption.
As a result,
no systematic approach has yet been made to distributors.
Specific objectives
To ensure that the main producers maintain
adequate levels of iodization. To guarantee an adequate supply of potassium
iodide.
Results
Producers: this group consists of small firms (probably former middle men)
who buy the raw material from importers (fairly damp salt,
which costs less) and
then process it. This arrangement turns them into small-scale industrialists,
who received technical assistance
up to the end of 1995.
Three firms (Rombo, Salero and Ecomín) took an active part in
improving the quality of their product in accordance with the
regulations in
force.
A revolving fund for potassium iodide was established in 1995 with seed
funding from UNICEF in order to facilitate the iodization
of salt by these
firms, which control 25% of the market in salt for human consumption. This fund
worked fairly well in 1996 but
there were product shortages in 1997 owing to
poor planning of the requirements.
Efforts were focused on the decision of Yuky S.A. to install an iodization
plant with a production capacity of 26,000 tons a year.
UNICEF played an
important part in obtaining financial support from the Government through the
Health Ministry's Secretariat for
Social
Action.
Achievements
The programme managed to secure adequate levels of iodization by three
salt-milling companies; this was an indisputable success.
These three companies are thought to account for 25% of the market in salt
for human consumption - a not inconsiderable proportion.
The revolving fund for potassium iodide is an important instrument for
facilitating and promoting salt iodization.
Producers have accepted iodization as a regular step in the production
process. This was made possible by the support given by the
IDD programme in
the shape of UNICEF technical advice.
The Yuky S.A. iodization plant was installed and is currently undergoing
testing; it should be in full operation from October
1997.
Difficulties
The shortage of potassium iodide in the first half of 1997 created tensions
and problems in the three production enterprises, which
found themselves without
inputs to carry out the programme.
The interruption of technical advice to small firms had an adverse impact
when they were in the initial stages of improving their
product.
The installation of the iodization plant was seriously delayed by
bureaucratic problems requiring several months of negotiations,
at which UNICEF
was a constant presence.
Specific objective
To generate and sustain a demand for iodized salt
among residents of risk areas by means of an intensive consumer-education
campaign.
Results
With respect to the demand for salt it was thought important to encourage
consumers and livestock farmers to change the prevailing
consumption habit of
using coarse common salt, generally non-iodized. A set of promotional
activities was devised in order to present
the benefits of the new product in a
simple and convincing manner. The desired result was to change the consumer's
behaviour with
regard to salt.
Work was done with institutions and with political and administrative
decision-makers, top-level authorities, officials of the Ministries
of Health,
Education, Agriculture and Industry, customs officials, governors and mayors,
NGOs, livestock associations, the Episcopal
Conference, the Medical College, the
mass media, etc. The aim was to build alliances with these facilitators and
persuade them to
take action to help to attain the objectives.
Various printed materials were produced (posters, leaflets, fliers, etc.),
together with audiovisual aids (radio slots, educational
videos). These
materials were distributed to the country's departments, with priority given to
areas where there was evidence that
IDD constituted a major
problem.
Achievements
Attention must be drawn (i) to the excellent work done by the national
education system (teachers made themselves into leading promoters
of
iodized-salt consumption among their pupils and the general public) and (ii) to
the part played by the industry's middle men,
producers and distributors in the
promotion of iodized salt. The latest poster, produced with support from eight
companies, transmits
the message in a clear, simple and attractive manner far
removed from the approach traditionally taken by the health sector in its
promotional materials.
The national figures are extremely revealing. The 1995 national demography
and health survey showed that 84.5% of households kept
salt containing some
iodine and that 64.6% of the salt had a good iodine content, 12.1% average, and
6.8% poor. The samples classified
as "average" or "poor" contained iodine but
at less than the desirable level, indicating an intention of the producer or
consumer
to offer or use iodized salt.
Difficulties
It has so far proved impossible to carry out an integrated communication and
education strategy for the implementation of promotional
activities. In
addition, it has been impossible to find qualified and experienced people to
develop such a strategy.
Both at the design and at the operational stage the IDD programme lacked the
support of specialized personnel to guide the central
group and the regional
teams. UNICEF backed up the programme with its advice, but the general support
was insufficient in time and
content.
The promotional activities were costly, especially in the case of the mass
communication media. What is needed is a strategy for
defining priority areas
and for intensive intervention in order to achieve the best possible
cost/benefit ratio.
The iodization plant is not yet in operation, so that there are still supply
problems with iodized salt.
Specific objectives
To develop a permanent system of supervision, monitoring and evaluation for the regional programmes. To develop a system for checking the salt and to upgrade the capacity of the central laboratory to determine the iodine content of salt and urine samples.
Results
The national programme encouraged the formation of regional teams to carry
out the activities in the departments. Their main functions
were to build a
regional system for monitoring salt quality, to impose sanctions on purveyors of
non-iodized salt, to promote the
consumption of iodized salt among
schoolchildren, and to keep watch on companies and retail stores. The work done
by these teams
was a factor in the expansion of the programme at the national
level and its consolidation in the regions.
A permanent monitoring and evaluation system was established at the centre
in order to direct the activities, identify problems in
good time, make the
necessary corrections, and determine the impact achieved. This was one of the
few public health programmes to
engage in planning, monitoring and evaluation by
regular teams.
The salt monitoring system consisted of the monthly collection of samples
from producers, importers, intermediaries and retail outlets.
The samples were
sent for processing to the National Nutrition Institute.
Iodine levels have been monitored through a national study of urine samples
in schools; the results are being processed.
The National Institute's central laboratory was upgraded in terms of inputs,
technical advice, training and temporary
staff.
Achievements
The salt monitoring system has been operating on a permanent basis.
The IDD programme has succeeded in consolidating a central team which has
assumed its functions with dedication, enthusiasm and professionalism,
using a
common methodology and operational approach; despite the changes that have taken
place over recent years the team has sustained
its dedication and its
identification with the programme's
objectives.
Difficulties
The failure to redesign the monitoring system when the programme was
extended nation-wide caused operational complications.
There is no up-to-date document to guide the salt and IDD monitoring
activities.
The laboratory's capacity to process salt and urine samples was overwhelmed
when the programme went national.
. The proportion of the child population affected by malnutrition,
including of a chronic or severe nature, and lack of clean drinking
water
703. According to data from the national demography and health
survey, about 17% of five-year-olds were registered as chronically
malnourished
(height/age below 2DS) and 4% as being underweight for their age; the figure for
acute malnutrition (weight/height below
2DS) was only 0.3%. There are no
post-1990 nutrition data for under-fives, but in view of the shortness of the
intervening period
it may be assumed that the situation has not changed
significantly. The findings of the surveys of nutrition levels were published
in the period 1990-1995: the first survey (1993) sought to determine the rate of
chronic malnutrition among schoolchildren (aged
six to nine) and the second
(1994) the rate of anaemia in the 6-14 age group and among pregnant women in
Central Department. The
first survey indicated that some 10.3% of children aged
six to nine had a height/age ratio below 2DS, slightly more that double the
rate
of 5% regarded as normal for Latin America. Small stature was commoner among
boys (12.2%) than among girls (8.3%), but it must
be remembered that the
international parameters may be somewhat more demanding for boys - which would
explain this difference.
704. According to an analysis of the data from the height survey, there are big variations between departments and between urban and rural areas (6.2 and 13.2%) and between public and private schools (11 and 3.9%). In all cases the evidence shows an association between the social and economic characteristics of the region and the physical development of the population surveyed.
705. Another striking point is that in virtually
all the categories studied the rate of chronic malnutrition (height/age)
increases
with age, from 6.1% at age six to 18.8% at age nine. Here again the
demands of the reference scale must be borne in mind, but in
any event the data
do show that the deficits of early childhood increase with age (see table
22).
706. The results of the anaemia survey also show dietary
deficiencies (iron), although the levels were what might reasonably have
been
expected for the region: one in three pregnant women (33.7%) and one in five
schoolchildren (20.4%) had haemoglobin levels below
11 g/dl and 12 g/dl
respectively. These figures are similar to the ones recorded by PAHO in a
national study in 1993 (35% of pregnant
women). In the light of these data the
Health Ministry is carrying out a national programme for prevention of iron
deficiency; it
has regional subprogrammes and various operational strategies,
including: fortification of wheat flour with iron and vitamins; iron
sulphate
supplements for pregnant women; control of intestinal parasitosis among
schoolchildren; and public information programmes
on prevention of
iron-deficiency anaemia.
707. There was a remarkable expansion of the
supply of drinking water to households between 1982 and 1985. According to
census data,
in 1982 21% of dwellings had drinking water but by 1992 the figure
stood at 42%. There was also a big increase in the drinking water
supply
between 1992 and 1995, by when more than 50% of the population enjoyed this
service. (See table 24 in the document of the
Technical Planning Secretariat in
the annexes.) The various official estimates indicate that, while in
Asunción and other
urban areas the drinking water supply increased by a
factor of 1.2 over the 1982 level, in rural areas it increased by a factor of
7.6. Even so, eight out of 10 rural dwellings still lack piped drinking
water.
708. The 1995 household survey showed that the public drinking
water systems of the Sanitation Works Corporation (CORPOSANA) and the
National
Environmental Health Service (SENASA) are concentrated in Asunción; they
cover 50% of the urban area of Central Department
and other urban centres but
very little of the country's rural territory (4.8%). Wells with pumps are the
next commonest alternative,
especially in urban centres in the interior (19.2%);
in rural areas wells without pumps are commonest (69.4%) but in many cases the
water's quality is too poor for it be considered drinkable. (See table 25 in
the same document.)
. The children provided with adequate nutritious food;
. The risks from environmental pollution and the measures adopted to
prevent and combat them.
709. The current situation of Paraguay's
environment has been determined to a large extent by a series of problems
connected with
renewable natural resources and with the environment in general.
The main problems are the loss of biological diversity, deforestation,
the
degradation of natural forests, soils and watercourses, and the public's
ignorance. In order to tackle these problems the Government
and the whole of
society have been carrying out measures to secure a greater environmental
awareness and thus a more rational use
of natural resources.
710. The
soil conservation programme was expanded and strengthened as one of the policies
for the conservation and preservation of
natural resources and the
environment.
711. The first part of the project "National strategy for
the protection and management of Paraguay's natural resources" was completed;
it
consisted of a search for consensus among professionals dealing with
environmental problems in order to establish the main lines
of a policy for the
environment and natural resources which will point the nation's activities in
the direction of sustainable social
and economic development.
712. The
environmental action taken by State agencies includes the following
programmes:
Management of solid hospital wastes in the metropolitan area of
Asunción and the department of Alto Paraná;
Management of
non-hazardous solid industrial wastes;
Management of solid municipal
wastes;
Environmental-quality
laboratory;
Environmental;
Effluent control;
Control of
toxic and hazardous substances.
713. The progress with respect to sanitation (disposal of excrement) has been slower than in the case of drinking water supply, although it is satisfactory for Asunción (91%) and the urban areas of Central Department (87%). In other urban areas one third of households uses communal latrines, and this proportion rises to 74% in rural areas. It is precisely this method of excrement disposal which makes the water taken from wells without pumps too unreliable to be considered drinkable.
- To ensure appropriate prenatal and post-natal health care for mothers,
indicating the nature of services provided, including appropriate
information
given, the coverage ensured, the rate of mortality and its main causes (average
and disaggregated, inter alia, by age, gender, region, urban/rural area,
social and ethnic origin), the proportion of pregnant women who have access to
and benefit
from pre and post-natal health care, trained personnel and
hospital care and delivery;
714. Recorded maternal mortality is the
fourth commonest cause of death among females aged 15 to 40 years. However,
such deaths are
known to be seriously under-recorded, so that the true maternal
mortality rate lies somewhere between 131 and 286 per 100,000 live
births
according to national estimates or may even be as high as 386 per 100,000, which
was the adjusted rate reported by the World
Bank in 1995 (international
estimate). In addition, not only does abortion remain the chief cause of
maternal mortality but it is
thought that the figures for other causes may be
concealing inaccurate reporting of what are undercover
abortions.
715. According to Health Ministry data for 1991-1995, maternal
mortality declined nationally by about 20% but with such big variations
between
departments that it is difficult to identify any trend. In any event, it is
clear that there are eight health regions with
rates above the national average,
indicating that the problem is fairly widespread. It must be pointed out here
that the rate in
Canindeyú Department, for example, is 2.5 times higher
than the national average (343.6 per 100,000 live births), while the
Asunción rate (99.9 per 100,000) is 75% of that average. This disparity
in the indicators reflects inequalities between regions
in terms inter
alia of access to reproductive health and family planning
services.
716. Recorded maternal mortality is related to the reproductive
pattern of women and the forms of care provided during pregnancy,
childbirth and
the puerperal period, which vary according to the socio-economic characteristics
of the mothers and the availability
of reproductive health and family planning
services.
717. According to data from the 1990 and 1995 national
demography and health surveys, although was been a relative decline in antenatal
care in general (88%), the number of medical checks was maintained at more than
four per pregnant women at the appropriate times
(69% in the first three
months), the number of births in institutions rose slightly (55%), and 50% of
the mothers underwent some
kind of post-partum checks. With regard to the
recorded 41% of births in the home, the Health Ministry has a "Clean childbirth"
care programme which is administered in the home by trained personnel using
basic equipment (see table 18). As in 1990, fewer antenatal
checks took place
in 1995 in the northern and eastern regions of the country.
718. Although
it can not be asserted that maternity care is as good as it can be, the services
do in fact provide a broad coverage
which seems not to be reflected in lower
rates of maternal and perinatal mortality, in the number of recorded pregnancy
and childbirth
complications, or in the number of caesarian deliveries. These
contradictions were highlighted recently in an assessment of the
reproductive
health and family planning activities of the Health Ministry made by contracted
professionals; on their field visits
to the reproductive health services they
found a different situation from the one reported by the 1995 and 1996 surveys:
barely 30%
of the women attending a health centre for delivery had undergone
antenatal checks, the number of checks (if any) was close to the
recommended
minimum, and only 25% of the mothers attended for postnatal
checks.
719. Accordingly, unless the data from the 1990 and 1995 surveys
contain major errors it will at least have to be conceded that the
situation
varies greatly from one department to another and even between the health
centres of one and the same health region; this
would imply problems of service
distribution or, what amounts to the same thing, serious inequalities of access
to the services depending
on geographical location. It will also have to be
concluded that those places which have managed to improve the coverage still
have
problems of the quality of the care, which will have to be solved if the
results are to improve. (See tables 17 and 18.)
- To ensure that all segments of society, in particular parents and
children, are informed, have access to education and are supported
in the use of
basic knowledge of child health and nutrition, the advantages of breast-feeding,
hygiene and environmental sanitation
and the prevention of accidents; in this
regard, information should also be provided on:
- Campaigns, programmes, services and strategies and other relevant
mechanisms developed to provide basic knowledge, information
and support to the
general population, in particular to parents and children;
720. The programme designed to provide information about improving the living standards of mothers and babies is called "Risk-free maternity".
Risk-free maternity
(i) To reduce the maternal mortality rate by 50% between 1995 and 1999 to a
level of 83 per 100,000 live births;
(ii) To reduce neonatal mortality by 50% from 13 per 1,000 live births in
1991 to seven per 1,000 in 1999;
(iii) To help to reduce the incidence of low birth weight to under 10% of
births by 1999.
721. The targets proposed in the project's general
objectives, especially the one for the reduction of maternal mortality, were a
response to the policies outlined at the World Summit for Children and contained
in the National Plan of Action for Children (PNAI);
Paraguay has not fully
implemented these policies because given the critical situation of maternal
health at the time a reduction
by 50% in almost eight years was the most that
could be planned for. These objectives form part of the national plan for the
reduction
of maternal mortality and the national reproductive health
plan.
722. Although the present rate indicates that it is possible that
the target will be achieved by 1999, there are serious problems
with the
collection of vital statistics which cause the figures to oscillate from year to
year. There are also many factors having
a direct impact on maternal mortality,
especially socio-economic and cultural factors connected with the quality of
hospital care
and the late recourse to medical attention by the population at
risk; these factors have not been corrected to a sufficient degree,
so that the
current achievements are fairly fragile.
723. The target set for 1995 was
achieved, but the maternal mortality rate remains one of the highest in the
Americas.
724. UNICEF cooperation in the period 1995-1997 was regarded as
an important element in the implementation of the national plan for
the
reduction of maternal mortality. The main activities were the training of
traditional midwives, who attend about 46% of births
in Paraguay, the training
of health extension workers by the Health Ministry and Pastoral Social, and the
technical support furnished
at the centre for the evaluation of the situation in
the hospitals, the formulation of a strategic plan, and the drafting of
technical
rules for treatment. This project, known as "Thirteen steps to safe
maternity" was begun in October 1997.
Specific objective
To build up the capacity of the regional health
services and local systems to formulate and implement regional plans for
"Risk-free
maternity 1995-1999".
Results
This project is in its initial phase. Since the national plan for the
reduction of maternal mortality was not implemented, the discussion
turned at
the end of 1996 to the implementation of the "Safe maternity" initiative as an
alternative means of achieving on a small
scale some of the components of the
national plan.
At the request of UNICEF, early in 1997 the Health Ministry's Directorate-
General for Family Health made an evaluation of the efficiency
of the country's
main maternity hospitals. It formulated the "Safe maternity" project as a means
of improving the efficiency of
the health services in caring for pregnant women
and new-born babies. At the time of writing this report the project's
regulatory
and operational aspects of this project are currently being adjusted;
the intention is to implement it in three regions from December
1997.
Achievements
The technical capacity at the centre was strengthened, making it possible to
complete the drafting of the technical rules and the
training scheme, which will
introduce a new approach to personnel training in the health services.
A technical group was created to support the work on the project's technical
and regulatory aspects.
There is now available an evaluation of the situation in the hospitals which
is being used as a reference point for priority-setting
in the three
regions.
Difficulties
The poor managerial capacity and the lack of staff for the maternal health
programmes at the central level were decisive factors
in a process marked by its
slowness even allowing for the fact that this was a new project requiring at
this stage broad participation
by regulatory agencies.
The evaluation of the health services had found serious difficulties
connected with staff training, non-compliance with the rules,
lack of basic
inputs, and acute shortages of equipment and blood for obstetrical
emergencies.
Antenatal care
Specific objective
To increase the cover of antenatal checks and
attendance of qualified personnel at high-risk deliveries in the health
institutions.
Results
Following on from the activities carried out during the previous cooperation
period, training was given to health extension workers
and traditional midwives
to enable them to promote early antenatal checks and institutional care in the
case of high-risk deliveries.
The Directorate-General for Health Promotion and Education ran a
house-to-house campaign in 10 health regions on early recognition
of the signs
of high-risk pregnancy, pneumonia and acute diarrhoea. The campaign reached
76,000 rural households.
Educational materials (leaflets, posters, transfers) were printed to support
this campaign, and loudspeaker and audio equipment was
purchased for 16
regions.
Achievements
It is believed that the educational and promotional work done by health
personnel, traditional midwives and extension workers contributed
to the
achievements:
- Early contact with pregnant women
(68.7%);
- Coverage of antenatal checks (88%);
- More than four
checks (56%).
According to Health Ministry data, the neonatal mortality rate was reduced
from 23 to 17 per 1,000, but PAHO gives a different figure,
arguing that the
rate is between 34 and 39 per 1,000 when account is taken of under-recording,
poor record-keeping in the relevant
government agencies and, above all, the
insufficient cover in rural areas.
Difficulties
One of the main determinants of Paraguay's high maternal mortality rate
remains the poor quality of antenatal checks and the late
recognition of the
signs of risk for a pregnant woman.
The scope of the house-to-house education campaign was limited by lack of
personnel and insufficient social mobilization.
The economic barrier and the treatment-quality factor in the health services
continue to constrain the demand for antenatal checks
and delivery in an
institution.
Specific objective
To reduce by one third the
incidence of iron-deficiency anaemia among pregnant
women.
Results
This objective was incorporated in the training component of the projects on
breastfeeding, traditional midwives, and training of
health and nutrition
extension workers.
Achievements
Notwithstanding the plans, iron sulphate was not delivered to the Health
Ministry because it had been purchased by the health regions
with their own
resources.
As it is included in the curricula of the medical and nursing schools, the
concept of administering iron supplements to pregnant
women is very much part of
the routine treatment provided by health
personnel.
Difficulties
The coverage of the administration of iron supplements has been limited and
interrupted by planning problems and the scant recourse
to antenatal checks (43%
of pregnancies have fewer than four checks).
Specific
objective
To ensure that by 1999 80% of deliveries at home are attended by trained
traditional midwives.
Results
The Health Ministry carried out a successful programme aimed at traditional
midwives under the title "Mother-and-child-friendly midwives"
which concentrated
on imparting knowledge, changing attitudes, and putting across the following
five basic messages: (a) early recognition
of pregnancy risks and prompt
referral; (b) promotion of clean deliveries; (c) encouragement of breastfeeding;
(d) recognition of
the symptoms of acute respiratory infections and acute
diarrhoea; and (e) promotion of vaccinations for mothers and children.
The programme prepared technical standards for the trainers and training
modules and handbooks for the midwives, together with sets
of simplified
drawings to make things easier for the women who could not read or
write.
Over the past three years some 985 traditional midwives throughout the
country received training under the programme. They were
encouraged to use the
"Clean delivery" kits, 35,000 of which were acquired by Paraguay over the past
three years.
Achievements
The programme was widely accepted by the midwives and by health personnel
and it was carried out in coordination with the Catholic
Church's pastoral
project for children.
The number of mothers and new-born babies referred by traditional midwives
rose remarkably.
Health Ministry surveys show that 94% of the midwives are able to diagnose
pregnancy and delivery risks in good time.
Use of the kits has been widely accepted by the midwives, even the
indigenous ones.
The capacity of the centre to back up the implementation of this programme
has been overwhelmed by the great demand generated in
the regions and from
international bodies such as Plan International and
UNFPA.
Difficulties
The supply of "Clean delivery" kits is still entirely dependent on UNICEF
donations.
Hygiene practices and clean delivery must be given emphasis in the training,
for 30% of midwives do not use the kits or follow good
practice in severing the
umbilical cord.
- The means used, particularly in relation to the areas of child health
and nutrition, the advantages of breastfeeding and
the prevention of
accidents;
The Mother-and-Child-Friendly Hospital
725. This programme has inspired other projects which are being welcomed
by health personnel and the community, such as the mother-and-child-friendly
health posts and centres and the "Mother-and-child-friendly midwives"
programme.
Specific objective
To establish a marketing code for mother's milk
substitutes and to ensure application of Presidential Decree No.
16525/93.
Results
The first national workshop on monitoring the international code for
marketing of breast-milk substitutes was held in February 1995
in conjunction
with PAHO, WHO, the International Baby Food Action Network (IBFAN) and UNICEF.
Regrettably, the recommendations of
this workshop have not so far been put into
practice owing to the failure to form a technical team to coordinate the
measures with
the municipal authorities and other governmental bodies or to
secure the ratification of the Paraguayan legislation and the subsequent
enforcement of the code.
Achievements
After great effort COFOLAM (Maternal breastfeeding) produced draft national
legislation on the implementation and monitoring of the
code, which was brought
before the Parliament in 1996.
The public hospitals and maternity units taking part in the project have
eliminated from routine use dummies, feeding bottles and
baby-food
formulas.
The free distribution of breast-milk substitutes and samples to health
personnel and mothers in the hospitals taking part in the
project was
ended.
In 1994 the social security system, in support of the project, terminated
the provision of baby food (12 half-kilo boxes were supplied
for each new-born
baby).
Difficulties
The application of the international code for marketing of breast-milk
substitutes proved a stumbling block owing to the lack of
specialized
personnel.
The draft legislation submitted to Parliament was studied in 1996 but the
process was abandoned for lack of follow-up and specific
legislative
support.
There have been coordination problems with the Municipality of
Asunción and other towns in the effort to prevent infractions
of the
code.
Specific objective
To establish breastfeeding support groups in all the services taking part in
the programme.
Results
All the participating hospitals made an effort to establish some means (not
exactly support groups) of helping mothers during the
immediately post-delivery
period, such as individual assistance in the hospital, advice on how to treat
the baby, telephone consultation
lines, and groups of professionals in the
hospital available to deal with any difficulty arising during the breastfeeding
period.
Educational talks to encourage breastfeeding were made a standard feature in
the waiting rooms of outpatients departments and in
the post-delivery rooms, and
individual assistance was provided on the wards for new mothers by health
personnel (doctors and more
particularly
nurses).
Achievements
All the participating hospitals devised various methods for carrying out the
project. The formation of a hospital support group
made up of trained
personnel, mainly health professionals who were also mothers and had successful
experience of breastfeeding, were
one of the means of in-hospital
support.
Difficulties
The formation of breastfeeding support groups as originally conceived was
the most difficult task to accomplish owing to the characteristics
of Paraguay's
people.
There was insufficient promotional work among the community at large, with
the result that exclusive resort to breastfeeding was
rare once the mothers left
hospital.
There was little support from extension workers in this matter.
Specific objective
To carry out an education and communication
strategy to promote the concept of exclusive breastfeeding up to six months and
supplementary
breastfeeding up to two years among mothers and health
professionals.
Results
No specific education and communication strategy was carried out. The work
was mostly done by the persons who have most influence
on mothers - doctors and
other health professionals.
The concept of exclusive breastfeeding up to six months and supplementary
breastfeeding up to two years was promoted on all the training
courses for the
implementation of the project. However, it remained very difficult to eradicate
the tendency to introduce other
foods in children's diet at an early stage,
especially among the professionals who had not yet been trained. This situation
led
to the introduction of the project "Mother-and-child-friendly health centres
and posts" to extend the training to health professionals
not working in
hospitals and help to meet the demand at the primary and secondary
levels.
The introduction of the topic of breastfeeding in the curricula of pre- and
post-graduate courses proved very effective for doctors
and other health
personnel: it improved their awareness of the advantages of breastfeeding and
offered a scientific justification
for not introducing other foods before the
sixth month.
Achievements
There was considerable progress in the production of educational materials
on breastfeeding for mothers and health personnel. UNICEF
assistance
contributed to the production of materials such as posters, leaflets, sets of
slides and audiovisual training kits to
promote breastfeeding in the health
services and in the community.
Difficulties
Scant use was made of the mass media (television and radio) because of their
high cost.
General objective
Aim of the project is to contribute to the
attainment of the global target proposed in the PNAI: reduction by 50% of the
rates of
serious and moderate malnutrition among under-fives.
726. The
project's general target, set for 1999, is very ambitious in view of the many
different causes of malnutrition and should
be reformulated to take into account
the fact that the monitoring of growth and development is only one component of
nutritional
monitoring and care in the family and that there are several other
components which have an effect on nutrition but are not addressed
in the
project.
727. The UNICEF cooperation operates at two levels:
(i) Institutional: the support was limited over the first two years but
was given a boost in 1997 by training personnel to monitor
growth and
development in two health regions. Support is also being given to the
implementation of the strategy of integrated treatment
of common childhood
diseases in Caazapá region as a model to be copied later in other
regions. On the other hand, the introduction
of an integrated approach using
the computerized information system for children (SIN) initiated another model
of standard treatment
in six regions. Under both models materials for training,
record cards and booklets and auxiliary materials were acquired from the
Latin
American Centre for Perinatology and Human Development.
(ii) Grass-roots: the preference was to work with ENPAS on the
implementation of a model based on grass-roots participation through
the network
of health workers and extension workers of Pastoral Social under a project
entitled "Care of the child", which reaches
out to families by means of basic
health, nutrition and education activities, periodically checking on pregnant
women and monitoring
the growth and development of under-sixes. Special
attention has been given to children aged under two years in order to enhance
their human potential and prevent them from being forced out onto the street by
extreme poverty and social exclusion.
Specific objective
To establish the programme for monitoring
children's growth and development at the national level on the basis of the
existing health
services and grass-roots participation.
Results
Integrated work by the health institutions has
been slow owing to a number of factors connected with uncertainties in the
legislation
and poor managerial capacity. Nevertheless, useful ad hoc measures
were carried out in some regions (Cordillera, Amambay, Paraguarí).
At
long last and after several technical-analysis meetings it was agreed that this
programme should be incorporated in the standard
procedure for examination of
children and that specific medical interviews for this purpose should not be
recommended.
Training was initiated in 1997 on the strategy of integrated treatment of
common childhood diseases, the fulcrum of which is the
monitoring of growth and
development; training was given on the SIN model of standard treatment.
Technical and logistical support was given to the production of teaching and
record-keeping materials (record cards, booklets) for
the implementation of the
programme.
Achievements
Agreement was reached on the booklet to be used, on the standards and on the
training-support materials, which now will be used to
get the programme
moving.
At the request of PAHO/WHO, a technical team was formed from representatives
of the scientific and academic worlds and operational
personnel to strengthen
the execution of the programme, in which UNICEF is an active
participant.
Difficulties
The monitoring programme has not been incorporated in standard child-care
practice and little use has been made of it, especially
by doctors.
One of the main problems is the faulty technical coordination between the
programmes regulatory and operational levels.
- The availability of safe sanitation
728. Several important projects have been undertaken in this sector by the Sanitation Works Corporation (CORPOSANA) and the National Environmental Health Service (SENASA) in order to expand and improve the drinking water supply, sewage disposal and rainwater drainage both in the capital and in towns in the interior.
729. One of the targets
for SENASA is to increase the coverage of the rural drinking water supply as a
first stage to 30% of the population.
Twenty% of the population has so far been
reached.
730. The work of SENASA is described in tables 3.1 and
3.2.
731. In 1997 the SENASA programme of action for the expansion of the
drinking water network, to be implemented under the IBRD II project,
consisted
of three stages:
Stage 1: 24 areas with 25,000 inhabitants; works to start in
February 1997 and end in July 1997; currently in execution.
Stage 2: 22 areas with 15,000 inhabitants; works to be carried out
between May and October 1997; construction work currently under
negotiation.
Stage 3: construction work funded by the Japanese Government in 21
areas with 6,000 inhabitants; works to be carried out between July and
December
1997; construction work currently under negotiation.
732. Another project
is to be implemented between July and November 1997 with funding from the
Financial Fund for the Development
of the Plate Basin (FONPLATA). It is at the
public bidding stage.
733. Attention must be drawn to the foreign aid
furnished to improve the social, economic and environmental conditions in human
settlements
and the living and work environments of all the people by means of
planning and management activities in several areas such as water
supply and
sanitation services and by upgrading the technical and administrative capacities
of small businesses. The following projects
with non-reimbursable funding may
be cited:
Project: Drilling of wells in rural areas
Amount:
$6,059,300
Funding: Japan
Project: Electricity and electronics
centre
Amount: $2.5 million
Funding: Japan
Project: Drinking
water supply for indigenous groups in the Chaco
(Boquerón
Department)
Amount: $42,000
Funding: Japan
Project: Study and
exploitation of groundwater resources
Amount: $4,674,282
Funding:
Germany
Project: Promotion of small and medium-sized industrial
enterprises
Amount: $3,527,760
Funding: Germany
Project:
Water supply for rural settlements
Amount: $175,651
Funding:
Spain
Project: Development of micro-enterprises
Amount: $2.5
million
Funding: IDB
Project: Participation of women in
development
Amount: $1.37 million
Funding: IDB
. The measures adopted to increase food production to ensure household
food security
Specific objective
734. The specific
objective is to carry out an education and communication strategy based on the
content of "Para la Vida", which will promote in the family and the
community sound practices with respect to the safety of food prepared in the
home.
Results
The "Pastoral care of the child" project was initiated in 1995 on the model
of Brazil's "Pastoral Da Criança". Without loss of institutional
coordination, emphasis has been given to the work at the grass-roots level by
training 2,800 community
leaders, 100 local coordinators, and 475 traditional
midwives, who every month reach 10,000 families, 60,000 children aged under
six
and 2,600 pregnant women in rural communities and the peripheral urban areas of
100 parishes (40% of districts).
The growth and development of 60,000 children have been improved by
enhancing the status of breastfeeding and the traditional diet
and by including
soya, as well as by teaching simple activities such as early stimulation and by
involving women closely in the process
of disease prevention and permanent
monitoring of children's nutritional state in order to detect problems early and
ensure timely
intervention.
A system has been devised for periodic checking on the work of the leaders
and coordinators, together with means of supervision involving
systematic
periodic feedback.
Achievements
Every month 60,000 under-sixes are monitored by having their weight checked,
and their mothers are instructed in disease prevention,
diet and early
stimulation.
The project is consolidating a system for the registration of each child and
recording of his personal details, monthly weight, immunizations,
breastfeeding,
weaning and diet, as well as episodes of diarrhoea, acute respiratory infection
or other disorders.
The concept of joint responsibility for the care and development of children
and the importance of their early registration have
been promoted in the
family.
Husbands have been incorporated in the process of monitoring their wives'
pregnancies and their children's growth and development.
Families have been motivated and mobilized to organize themselves by
creating a space for analysing their problems and seeking alternative
ways of
meeting their needs.
Coordination between the project and the Health Ministry has been
strengthened through the planning and execution of joint activities.
A programme for the provision of a glass of soya milk with tortillas has
been carried out in 105 schools (Mitã Róga).
The project has secured support at higher levels of the Catholic Church and
from other Church bodies and has established a national
team of coordinators as
well as 11 diocesan and 90 parochial teams.
Difficulties
The project's coverage is still low, and the coordination of the regional
and district levels needs improving.
One of the main problems is that from the logistical standpoint the pastoral
care project is almost entirely dependent on external
assistance, although an
effort is now being made to secure other sources of funding.
There is still little grass-roots awareness of the rights of the
child.
735. The social projects include a programme on women's
participation in development, operated under the auspices of the First Lady.
Finance has been provided for 20 production projects with a total of 1,098
direct beneficiaries. The executed projects included
activities such as milk
production, production of cassava starch, pig-raising, flour-milling, retail
stores, etc.
. The measures adopted to improve the system of
education and training of health personnel
736. Each of the projects described above includes modules on the training of health personnel and heads of families.
737. A recent study on human resources in health
(PAHO/WHO, 1997) shows that although the first efforts to secure
decentralization
are indeed being made, in the health regions in the interior
more personnel are assigned at the level of qualified health worker,
auxiliary
and practical helper, while the doctors, dentists and other specialized staff
are concentrated in the sixteenth health
region (Asunción) and in the
specialized hospitals, corresponding to the third and fourth levels of care. In
fact, whereas
the various health regions (i.e. health centres and posts) have
47% of the staff qualified in nursing or obstetrics and 69.5% of
auxiliary
staff, the specialized hospitals have 55% of the doctors, 60% of the biochemists
and 25% of the dentists. The small number
of dentists in the hospitals does not
mean that they are to be found in the interior of the country, for a further
32.5% are working
in health centres and posts in the capital region. In any
event, dentistry is one of the specialities exhibiting a greater degree
of
decentralization.
738. The National Health Institute did useful work in
the training of technical health personnel. Training was given to 994 technical
staff in health education, nursing and midwifery and in laboratory and pharmacy
work. Training courses were held for specialists
in public health (currently 17
graduates and 30 students) and hospital administration (35 students). The
Institute also offered
post-graduate courses. Training was given in 1996 to 21
professionals in administrative management and health services.
. Disaggregated data, including by age, gender, region, rural/urban
area, social and ethnic origin.
- To develop preventive health care, guidance for parents and family
planning education and services; in this regard, reports should
also provide
information on:
. The policies and programmes developed, as well as services
available;
739. Programmes on the protection and promotion of human
health are being carried out in order to cater to primary health needs, combat
transmissible diseases, tackle health problems in urban and rural zones, reduce
the health risks resulting from environmental pollution,
and protect vulnerable
groups such as nursing mothers and other women, indigenous peoples and the
poorest members of the population.
740. The Government is also
establishing basic health infrastructures, giving particular attention to water
supply and sanitation
services and carrying out education programmes on disease
prevention and treatment.
741. The following current projects are
receiving international technical assistance:
Project: Well drilling in
rural areas
Amount: $6,059,300
Funding: Japan
Project:
Primary health care in rural areas
Amount: $3 million dollars
Funding:
Japan
Project: Donation of a mobile surgical/ophthalmology unit (Eye Bank
Foundation)
Amount: $100,000
Funding: Japan
Project: Equipment of doctor's consulting room in Fernando de la Mora
(Federation of Japanese Retirees Clubs of Paraguay)
Amount:
$87,000
Funding: Japan
Project: Drinking water supply for indigenous groups in the Chaco
(Boquerón Department)
Amount: $42,000
Funding: Japan
Project: Upgrading of airconditioning system in the Clinical Hospital of
the Medical Faculty, Asunción National University
Amount:
$32,000
Funding: Japan
Project: Study and exploitation of
groundwater resources
Amount: $4,674,282
Funding:
Germany
Project: Education for health and improved
learning
Amount: $400,000
Funding: Spain
Project:
Environmental health: water supply for rural settlements
Amount:
$175,651
Funding: Spain
Project: Assistance, support and
awareness-raising for women
Amount: $50,792
Funding:
Spain
Project: Water and sanitation regulatory framework
Amount:
$980,000
Funding: IDB
Project: Donation of 20
ambulances
Amount: $550,000
Funding: China
Project: Essential
medicines
General objective
To improve access to and availability of essential medicines in order
to facilitate the treatment of the main causes of maternal and
child
morbidity.
Specific objective
To implement the Bamako Initiative in the health
services and at the grass-roots in five health districts (Concepción, San
Pedro, Amambay, Alto Paraná and Canindeyú) by establishing jointly
managed pharmacies and first-aid kits using revolving
funds.
Results
Despite the efforts made to get all the components of this project
established, it has not been well received, especially by the
health
institutions, owing to many different factors discussed below under
"Difficulties".
An alternative approach at the grass-roots level was to work through the
project "Pastoral care of the child". UNICEF supplied essential
medicines for
40 community first-aid kits in 1995. These kits are held by voluntary extension
workers and supervised by the parish
coordinators of Pastoral Social. The
project uses revolving funds and has produced very good results. Seed funds
were used to purchase
items for restocking the kits from the local
pharmaceutical industry.
Ninety-seven new people's pharmacies have so far been established; they are
run by grass-roots organizations. In all, 432 such pharmacies
are in operation.
The project has thus succeeded not only in tackling the needs of the most
deprived groups and regions but also
in encouraging grass-roots
participation.
Achievements
The project is small in scale and has operated at the local level under
constant monitoring and supervision by the parish officials
of Pastoral
Social.
The service provided is limited but highly valued, especially by a dispersed
rural population which has few economic
resources.
Difficulties
There have been many institutional difficulties. There is open resistance
by the health professionals in the services, who in many
cases are owners or
co-owners of private pharmacies in the vicinity of the health facilities; the
Health Code, which regulates pharmacies,
has no provisions on this
point.
For the reasons mentioned above, the establishment of people's pharmacies
offering low-cost medicines is being impeded by private
interests.
The joint management of revolving funds with the community has not been a
success owing to obstacles created by health service officials
in
particular.
A paternalistic system for the provision of medical care, with free
distribution of medicines, is very deeply rooted; it is reactivated
periodically
during the electoral campaigns of the various political parties.
The Association of Pharmacy Owners regards the people's pharmacies as
illegal.
742. The National Medical and Pre-hospital Emergency Service has
done outstanding work country-wide; it is a familiar presence at
mass events of
various kinds, as well as providing preventive health cover for national and
foreign authorities. Over the past year
it acquired 33 new emergency ambulance
units to ease the deficit in this sphere of assistance to the public. There
were 23 ambulances
in 1993 but today 154 mobile units are providing emergency
services for the people.
. The population covered, including in rural and urban areas, by age,
gender, social and ethnic origin;
743. The provision of health care
is a responsibility of the public sector for 73% of the (poor) population; 17%
is covered by social
security (the Social Insurance Institute (IPS) and three
public-sector funds), and 10% relies on private prepaid medical services.
Services are provided to the public by the Red Cross and some other NGOs and by
the churches (the Catholic Church's Pastoral Social,
the Church of Disciples of
Christ). Health activities are also carried at the grass-roots by a number of
more representative social
organizations (rural organizations), usually in
conjunction with NGOs or the churches, although it is a fact that
social/community
health organizations are less commonly found in
Paraguay.
744. In terms of the various subsectors of the National Health
System, the Health Ministry provides 60% of the services and IPS 9%,
while 6% is
delivered by the health services of the armed forces and the National Police,
the Clinical Hospital, the Red Cross and
the Catholic University; private
services account for the remaining 25%. The most diversified subsector in terms
of level of care
is the Health Ministry, which has 17 specialized hospitals, 15
regional hospitals, 124 health centres, and 552 health posts. The
other
subsectors each have at least one general hospital, and the private subsector
has 30 hospitals (the largest number at this
level of complexity). Primary care
services are also provided by IPS and the health services of the armed forces
and the National
Police. The 96 sanatoriums and 171 clinics in the private
sector cannot be regarded as providing primary care although many of them,
especially on the periphery of the capital, do offer this type of
service.
745. One indicator of the available infrastructure is the
existence of an average of 16.7 beds for every 10,000 inhabitants, 7.9 of
them
provided by the Health Ministry and 108 located in facilities in the capital
region (see table 48). In all subsectors the greatest
concentration of hospital
beds is found in the capital, but the Ministry has the smallest proportion (22%
of the beds) since it shares
the Asunción cover with the Central
Department health region (18.8% of the beds). The distribution in the interior
health
regions varies from one subsector to another and there is no clear
pattern, although the distribution manifestly does not depend
on population
density, for the health regions with the most beds are not the most densely
populated. Perhaps the most striking example
of this situation is provided by
the Chaco or western region of the country, which has the highest
bed/inhabitants ratio owing to
the influence of the private sector (in the
Mennonite settlements) and the military health services. Other departments with
high
ratios are Neembucú (19.5/10,000) and Concepción
(17.5/10,000). The private subsector has the best ratio of beds to
geographical
distribution of the population.
. The measures adopted to prevent early pregnancy and to take into
consideration the specific situation of adolescents, including
provision of
appropriate information and counselling;
746. These measures consist
of a number of ongoing programmes and projects. Some of them enjoy
international technical assistance:
The Health Ministry's project "Integrated adolescent health and reproductive
health", which has a total cost of $3 million and technical
support from
Germany. It includes the following activities:
i) Training of trainers of health personnel, teachers of the Ministry of
Education and Worship, and technical staff of the Directorate
for Agricultural
Extension and NGOs;
ii) Production of bilingual audiovisual materials, short radio programmes,
and printed materials.
The project "Education for health and improved learning" of the Jasmin
Foundation (Office of the First Lady), which has a budget
of $400,000 and is
aimed at 25,000 children and young people aged six to 13 years. The purpose is
to help to instil healthy habits
and establish measures of prevention in the
school and the family.
The project "Reproductive health and family planning", which has technical
support from UNFPA.
The project "Rural women, gender, development and reproductive health",
which has support from UNIFEM.
. The role played by the education system in this regard, including in
the school curricula
747. Where health education is concerned, from
the sixth grade the school curricula cover all aspects of sex education, with
guidance
given on ways to avoid early pregnancy and on contraceptive methods and
sexual diseases. In addition, the National Anti-AIDS Programme
gives talks on
AIDS and AIDS- avoidance in public and private schools, at which contraceptives
are distributed free of charge.
. Disaggregated data on the incidence of children’s pregnancy,
including by age, region, rural/urban area, and social and
ethnic
origin.
748. The incidence of pregnancy among women aged 15 to 19 is as follows:
Age Total Urban Rural
15 14.30
11.08 18.10
16 43.29 30.70 59.20
17 82.33
60.24 110.94
18 130.23 94.95 174.27
19 167.53 131.48 216.36
Source: Brizuela, 1996,
p. 125. Contribution to total fertility = 10.5%.
Only 39% of sexually
active unmarried adolescent females (15-19 age group) females protect themselves
effectively against unwanted
pregnancies and only 14% protect themselves against
AIDS and other sexually transmitted diseases.
Source:
National Demography and Reproductive Health Survey (ENDSR 95/96).
- The programmes and strategies developed to prevent HIV;
- The measures adopted to assess the occurrence of HIV infection and
AIDS, among both the general population and children, and its
incidence inter
alia by age, gender, rural/urban area
749. Ever since its
inception the National Anti-AIDS Programme has included a component on education
and social communication implemented
in conjunction with the Health Ministry's
Directorate-General for the Promotion of Health Education and Disease
Prevention. This
component is considered of vital importance as it provides
education on AIDS-prevention measures for the various population groups,
seeking
to raise awareness as well as delivering basic information about HIV/AIDS. The
following are this component's main activities:
Interviews with
individuals to give information about HIV/AIDS;
Educational talks on HIV-prevention for secondary and university students in
urban and rural areas, as well as for groups such as
firefighters, the army,
political parties and several other organizations and bodies (Rotary Club,
social clubs, etc);
Educational meetings with leaders of social and youth
organizations, etc.:
Education sessions for young people, heads of families, teachers, youth
leaders, health professionals, etc.;
HIV/AIDS conferences at universities, barracks, hospitals, health centres,
schools, etc.;
HIV/AIDS seminars for public and private health professionals;
Dissemination of educational information through the mass media (press,
radio, television);
Design, printing and distribution of educational materials such as posters,
leaflets, booklets, diaries, advertising spots, etc.;
Free distribution of condoms to the general public.
750. There is
also a project entitled "Preventing AIDS in schools", which involves 20
institutions in its first stage and provides
training for teachers and parents
and for children aged nine to 12, using a handbook throughout the school year to
teach integrated
child health, especially safe sex, prevention of infection, and
the right of infected children to continue their schooling and to
develop as
persons.
751. This project has received logistical support from UNAIDS,
which consists of UNICEF, UNDP, UNFPA, UNESCO, PAHO/WHO and the World
Bank. As
a counterpart, the Health Ministry's National Anti-AIDS Programme supplied
technical staff trained in this subject to organize,
execute and evaluate the
project, as well as providing financial support for the reprinting of materials
for teachers, parents and
children.
752. The point is to demonstrate that
this handbook constitutes a support for the Education Ministry, whose curricula
include STD/AIDS
topics.
753. Although the Ministry has agreed to
introduce the handbook in the curricula, national implementation is encountering
logistical
difficulties.
754. Informal training was provided for
extension workers and leaders for children working in the street, but the
problem at the moment
is lack of funds for monitoring work.
- The measures adopted to ensure an effective protection and assistance to children who are orphans as a result of AIDS
755. Epidemiological monitoring was used to determine the characteristics
of HIV/AIDS infection both among the general public and
among children; an
HIV/AIDS notification form lists a number of variables which will be
incorporated in the general data: category
of transmission; current state of
infection; and information about common diseases in the group to which the
informant belongs.
This information was entered in the database created for
this purpose, but a number of problems arose, especially with the old forms
(the
methodology was designed in 1997), for some of the data was hard to recover. At
the same time "monitoring and vigilance" workshops
were held in Asunción
and Ciudad del Este, now with experienced staff. Another method was to conduct
"monitoring and vigilance"
activities with groups of pregnant women in locations
in the capital and the interior; the related data is still being processed
and
analyzed.
756. Where epidemiological analysis is concerned, it must be
stressed that the emergence of AIDS cases among women in 1990 was followed
by
cases of infected children; between 1993 and the present there has been a total
of 14 cases among children, mostly aged under
one year (43%) and under-fives
(78.6%), indicating that over three quarters of cases fall in this (preschool)
age group; most of
the victims were boys (57.1%) and the disease was usually
transmitted in the perinatal period (64.3%). Fifty% of these cases ended
in
death, mostly of children aged under one year.
757. No measures have been
taken to ensure effective protection or care for children orphaned by
AIDS.
- The campaigns, programmes, strategies and other relevant measures
adopted to prevent and combat discriminatory attitudes against
children infected
by HIV or with AIDS, or whose parents or family members have been
infected
758. The campaigns and programmes to prevent and combat
discrimination include the project "Preventing AIDS in schools", which deals
with questions connected with the right of infected children to be treated
without discrimination and also addresses children whose
family members are
infected; it is made clear that sexual relations are the only means of infection
in order to prevent other children
from fearing an infected child and adopting
discriminatory attitudes towards him.
759. Most of the traditional
practices prejudicial to children are found in rural areas, where a child's own
parents, if he falls
ill, turn first not to the health centre but rather to a
traditional healer or some other person supposed to have healing powers
exercised through the administration of herbal infusions or recital of magic
spells. In most cases this makes things worse and sometimes
causes death: the
patient is usually brought to the health centre in such a state that nothing can
be done for him.
760. In order to eradicate such practices the health
centres in the interior carry out public awareness campaigns, preaching the
important
principle that prevention is better than cure; this work is done by
community leaders and health professionals in the form of discussion
meetings in
the villages. The difficulty confronting these measures is that some villages
are very remote from a health centre,
a factor which encourages these practices,
with the result that people put their children's lives at risk out of
ignorance.
761. The lack of resources also works against the
implementation of such campaigns and prevents them reaching places of difficult
access.
762. It must however be stressed that Paraguay has never recorded
any cases of genital mutilation or forced marriage.
763. Matters of
international cooperation, in all spheres, have been dealt with under guideline
21.
C. Social security and child care services and
facilities
(articles. 26 and 18, para. 3)
99. With respect to article 26, please provide information
on:
- The measures adopted to recognize for every child the right to benefit
from social security, including social insurance;
- The necessary measures taken to achieve the full realization of this
right in accordance with the national law;
- The manner in which the benefits granted take into account the
resources and the circumstances of the child and of the persons
having
responsibility for his or her maintenance, as well as any other considerations
relevant to an application for benefits made
by or on behalf of the
child.
764. The existing legislative measure for safeguarding these
rights is the Labour Code, which has a whole chapter on social security.
Article 381 of the Code states:
"By means of its own contributions and contributions from employers and
workers the State shall protect workers through a social
security scheme against
risks of a general nature and in particular against risks arising from
work".
765. Social security for workers and their dependants is called in
Paraguayan law "social insurance" (previsión social), which is
understood to be "the group of institutions established by social security for
the benefit of workers in an employment
relationship and their family members in
order to provide protection against and compensation for the contingencies or
needs of a
natural, occupational or social nature which may affect the
beneficiaries and may deprive them partially or totally of their capacity
to
work or of a sufficient income or level of well-being, this by means of the
various benefits provided for by law".
766. Article 182 of Act No. 903/81
(the Juvenile Code), which deals with child workers, states: "All employers of
waged workers or
minor apprentices shall be obliged to keep a book containing
the following information on each of them: their personal details, including
their social security registration number".
767. Article 107 of the draft
Children's Code states: "Adolescent workers shall be entitled to payment and to
the social benefits
and other advantages which the law accords to workers after
the age of majority on a footing of equality".
768. "Employers shall also
be obliged to enrol adolescent workers in their employ in the social security
system in accordance with
the laws governing this matter". The same right is
accorded to family workers, i. e. persons working in their family without pay,
and to own-account child workers.
769. Also relevant in practice are the
medical insurance and family allowances for State employees, which have been
included since
1997 in the general national budget following the promulgation of
Decree No. 16687/97 regulating Act No. 1019, "which approves the
programmes of
the general national budget for the 1997 fiscal year and the rules established
in article 30 of Decree No.16121 regarding
medical benefits".
770. This
system benefits children indirectly through their working parents and directly
in the case of working children, who in turn
bring benefit to their families.
It operates through an agreement between the State and the private medical
insurance schemes which
employees may decide to join under which the State
contributes about $30 for each insured person.
771. This
question has been answered under the preceding point. There is no
discrimination in the granting of social security to
single
parents.
772. When a worker loses his job he automatically loses his
social security cover. As already mentioned, a father or mother receives
a
family supplement for every child aged under 18 years. This supplement, which
amounts to 5% of the minimum wage in respect of
each legally recognized child,
must be paid in full at the same time as the monthly wages.
773. If the
parents are divorced or separated, the one having the child in his or her
custody receives the family supplement.
774. Most of the child care institutions
serve working mothers. It is also part of their objective that the children
should be indirect
beneficiaries, and this has an influence on their internal
organization. There is very little specialization by age of child; the
fact
that the services are provided for age groups ranging from 40 days to five years
means that the staff should be diversified,
but this is very rarely the case.
And even those institutions which offer a special sub-group for four- and
five-year-olds do not
have any of the formal preschool education programmes
stipulated by the Education Reform. Depending on the resources available in
each case, these institutions can be placed in three main groups; State,
municipal and church, and business.
775. The concept of "child care" is
what characterizes most of these institutions; the services are provided in
enterprises pursuant
to article 134 of the Labour Code for children aged up to
two years, although some trade unions have secured a wage supplement to
meet the
cost of care for children aged two to five years.
776. The social welfare
services have established 26 community child care facilities in collaboration
with local residents in order
to support working mothers and attend to the
children's mental and social development. Today there is a total of 86 such
facilities,
catering for 6,250 children. The cover must undoubtedly be expanded
even further in this area; this will be achieved gradually by
the Secretariat
for Social Action and grass-roots organizations.
777. The information
given above was taken from the 1997 report of the Technical Planning Secretariat
and the annual report of the
Executive.
778. As of now there has been an increase in the
number of private businesses and public institutions which provide for the full
realization
of the rights of workers, be they children or adults, relating to
the provision of child care services, social security, social benefits
such as
Christmas bonuses and holidays, and payment for overtime and night work.
However, reports are still received of disregard
of workers' rights, in the case
of public transport workers for example.
D. Standard of living
(article 27, paras. 1-3)
103. Please provide information on:
- The measures adopted to recognize and ensure the right of every child
to a standard of living adequate for the child’s physical,
mental,
spiritual, moral and social development
779. The following
legislative measures have been adopted.
780. Article 54 of the
Constitution states:
"The family, society and the State have an obligation to ensure children's
harmonious and comprehensive development and the full
exercise of their rights,
protecting them against neglect, malnutrition, violence, abuse, trafficking and
exploitation. Anyone may
require the competent authority to enforce these
guarantees and punish violators. In the event of a conflict, the rights of the
child shall prevail".
781. Article 8 of the Juvenile Code states:
"Every child shall have the following rights:
(a) To enjoy antenatal protection and to be born in suitable conditions
duly attended by health personnel;
(b) To receive health care and the necessary medical attention;
(c) To receive maintenance, education, shelter and clothing consistent
with the child's age and sex;
(d) To receive humane treatment from his parents, guardians or foster
parents;
(e) To enjoy family life in the home, provided that the home does not
constitute a physical or moral danger;
(f) If he is orphaned or abandoned, to enjoy family life in a suitable
home or institution;
(g) To have responsible parents, to know them and be recognized by
them;
(h) To receive treatment and attention consistent with his aptitudes and
physical and mental capacities;
(i) To receive rehabilitation treatment if he suffers from a physical or
mental defect;
(j) to inherit from his parents.”
This list does not imply
denial or limitation of other rights inherent in the person of the
child.
782. Article 2 of the draft Children's Code (currently under
examination in the National Congress) states:
"Children and adolescents are subjects of rights. The Paraguayan State
guarantees the full enjoyment of the rights inherent in the
human person and of
those rights connected with his development envisaged in the National
Constitution, the Convention on the Rights of the Child and the other
international human rights instruments ratified by Paraguay".
Article 6
states:
"It is a duty of the family, the community, society at large and the State
to accord to children and adolescents, as an absolute
priority, the exercise of
and respect for their rights to life, health, identity and nationality, food,
shelter, education and cultural
training, dignity, respect, freedom, leisure,
protection at work, rest and family and community life.
The State shall carry out through its competent organs plans and programmes
to support children and adolescents and their families
in order to ensure the
effective realization of these rights".
Article 7 states:
"It is a duty of the family, the community, society at large and the State
to protect children and adolescents by safeguarding them
against any physical,
social or psychological risk arising from the omission or commission of an act,
discrimination, exploitation,
violence, cruelty, oppression or
aggression.
Anyone may require the competent authority to enforce these guarantees and
punish violators".
Article 11 states:
"Children and adolescents have a fundamental right to life. It is an
obligation of the State to guarantee their survival, safety
and development.
Children and adolescents have a right to protection and care".
- The relevant indicators used to assess such an adequate standard of
living, and its incidence among the child population, including
by gender, age,
region, rural/urban area, social and ethnic origin, and family
situation
783. When account is taken of the poverty which has such a
serious impact on Paraguay's ability to deliver the social rights of children
in
full, it becomes clear that an enormous effort of economic growth must be made.
There are several indicators of this situation:
the findings of the 1994
national household survey, the latest available, and the updated figures for
1996 and 1997 show a very high
rate of income concentration, especially in urban
areas (0.85) and a big gap between the families with highest incomes (the
richest
7.7% of families have 75.7% of total income) and the poorest families
(19.6% have 4.9% of total income). It can be deduced from
this same study that
Paraguay has an extensive middle stratum (72.7% of households) with very low
incomes (19.4% of total income).
784. Concentration is the main income
problem in Paraguay (the richest 10% of households have 42% of total income) and
it is more
pronounced in urban areas (50% of population and 75% of incomes) than
in rural areas (50% and 25%). There are differences within
the urban group,
with a greater concentration of incomes in the metropolitan area, which has
29.8% of the population and 50% of total
income. The units (households or
individuals) below the theoretical food-needs line are classified as "indigent",
while those able
to satisfy their food needs but not the other needs regarded as
basic are classified as "poor" or "basic-poverty". This latter category
ranges
from 62 to 42% nationwide, 48 to 23% in urban areas, and 79 to 69% in rural
areas.
785. In terms of area of residence, the failure to satisfy at
least one basic need increases with distance from the capital. Here
it must be
pointed out that, according to this indicator, the differences between
Asunción and any other point in the urban
Central Department or the
interior towns are bigger than the differences between them and rural areas.
The gap between Asunción
and rural areas is twice as big when measured by
unsatisfied basic needs of either households or individuals.
- The criteria established to assess the ability and financial capacity
of parents or others responsible for the child to secure
the living conditions
necessary for the child’s development, as well as to identify those
conditions;
- All the measures taken, in accordance with national conditions and
within the State party's means, to assist parents and others
responsible for the
child to implement this right, including the nature of the assistance made
available, its budget implications,
its relation to the cost of living and its
impact on the population; where relevant, the information provided should be
disaggregated,
inter alia by region, rural/urban area, age, gender and
social and ethnic origin;
- The measures adopted to provide, in case of need, material assistance
and support programmes, particularly with regard to nutrition,
clothing and
housing, indicating, inter alia, the nature of such assistance and
programmes, the population addressed by them, including by gender, age,
rural/urban area, social
and ethnic origin, the proportion of budget allocated,
the coverage ensured, the priorities and targets
identified
786. There are some indicators for evaluating the economic
means of parents or other persons responsible for children. For example,
according to data from the national population and housing census the number of
households with unsatisfied basic needs between 1992
and 1996 tended downwards
nationally and in urban areas with respect to the four indicators of poverty
(quality of housing, health
infrastructure, access to education, and subsistence
capacity). Of these four indicators, health infrastructure showed an
improvement,
with the number of families lacking access declining by about
50%.
787. The indicator of lack of access to education improved least,
from 14.7 to 13%.
788. The question of nutrition was discussed in
paragraph 734.
789. With regard to clothing, following the El Niño
phenomenon, which caused widespread flooding from mid-1997 to 1998 and
left
families totally deprived of their basic means of subsistence, a campaign
involving public and private institutions and the
Catholic Church itself
collected food and clothing for distribution to the victims, which included
indigenous groups in the Chaco.
790. In the case of the measures taken to
help parents and other persons responsible for the care of children to deliver
the right
to a decent standard of living, an important role is played by the
Secretariat for Social Action of the Office of the President,
which was
established on 8 June 1995 by Executive Decree No. 9235 with a view to improving
the quality of life of the poor and vulnerable
and catering to their basic needs
by extending the cover of the social services. It is responsible for
administering inter alia the programme "Integrated care for child street
workers". The programme's projects are designed to meet the perceived needs of
a
beneficiary community or group. The implementation period is 1997-2000, and
the funding (a total of $8 million) is provided under
a non-reimbursable
technical cooperation agreement between the Government and IDB.
791. The
Programme has four main focuses:
Education: projects to promote school enrolment and regular
attendance and to improve performance (for example, school-support meetings,
coordination
of schools);
Health: projects to improve health conditions, for example, by means
of food supplements, primary health care, and preventive and environmental
health education;
Work training: projects to meet the demand for training in specific
subjects to help children and adults responsible for families to have a serious
means of income generation (for example, production and income-generating
projects);
Social services for families and communities: projects offering care
and support services for families and/or groups of children (for example,
responsible care of children while
their parents are working, schools in
marginal districts).
Some of the policies of the Education Reform also
address cooperation with parents in order to give effect to these rights from
the
standpoint of education; participatory activities are carried on for pupils
and parents in order to back up the children's formal
training. One example is
the National Non-School Initial Education Programme (for under fives), a measure
which includes the following
goals: (a) to teach parents about the early
stimulation and training of their children in and outside the home; (b) to
involve parents
in their children's education from birth; (c) to strengthen
family integration; (d) to make parents aware of the importance of their
role as
their children's first teachers; and (e) to deliver useful information on
health, diet, and the improvement and preservation
of the family social
environment.
- Relevant measures adopted as a follow-up to the Declaration and Plan of
Action adopted by the United Nations Conference on Human
Settlements (Habitat
II).
792. The Government has taken the following measures to
follow up this Plan of Action.
Housing
793. One outstanding
feature is the continuing implementation of the housing programme subsidized
directly by IDB:
(a) In 1996 3,798 direct housing subsidy certificates
were issued for the purchase, repair, extension or construction of housing;
2,147 of them were actually used;
(b) Rediscounting of the mortgages of
final beneficiaries and construction companies for the provision of 2,364
units;
(c) Since the start of this programme in 1995, 15 projects for a
total of 2,359 units have taken firm shape;
(d) The National Housing
Bank and the enterprises of the Housing Savings and Loans System have agreed
6,000 mortgage loans for housing;
(e) Restructuring of the National
Housing Council (CONAVI) to accommodate the introduction of a new operating
modality with IDB;
(f) Provisional approval of private-investment
housing projects involving 9,765 units with direct subsidy and 440 own-lot units
with
direct subsidy;
(g) Refinancing of loans for housing built by
CONAVI in 1990-1995 in order to adjust the financial terms of the loans to the
real
capacity to pay of the final beneficiaries and reduce the arrears of
payment in the loans portfolio;
(h) Signature of inter-institutional
agreements for upgrading the quality of housing in rural
settlements.
Rural settlements
794. The Government has made
a big effort to establish mechanisms to provide every citizen with a dwelling of
his own. It initiated
the execution, for example, of a social programme which,
in collaboration with the municipalities concerned, seeks to provide some
solution for homeless peasants and the owners of the land. The first step was
to draw up a list of the settlements to be assisted
in accordance with an order
of priority previously determined in collaboration with the people
affected.
795. The Government's political commitment to tackling the
enormous social problems under the Agrarian Reform between 1996 and 1997
can be
seen from the subdivision of 159,851 hectares of land and allocation 8,184
plots, as well as from the establishment of 21
settlements in the eastern region
comprising a total of 86,896 hectares distributed among 3,943 plots; 6,580 firm
titles were issued
to that number of families settled on 95,372 hectares; and 32
collective holdings were legally regularized (35,487 hectares for a
total of
3,625 families). In addition, 168 kilometres of rural roads were built and
basic assistance was provided for settling in:
723 million guaraníes in
food rations, corrugated-iron sheets, farm tools, and equipment for rural
schools; and 10 communal
fields totalling 2,478 hectares were
established.
796. Training was given in public agricultural and
agro-mechanical schools to 1,804 students, 40% more than in the preceding year,
while private agricultural schools trained 867 students in 1996, 133 of them
women.
797. In the farm year 1996/97 180 students graduated from private
and 314 from public farming schools.
Employment
798. The
Government is formulating through the Youth Secretariat a programme of youth
employment in marginal urban areas which takes
into account the experiments
carried out in some other South American countries; there is a possibility of
obtaining the necessary
funding from international aid agencies.
799. In
order to promote the development of sources of jobs, the bases have been laid,
in conjunction with the Department of Industry
and Trade, for the establishment
of an industrial development fund with a view to encouraging young people to
take up the challenge
of setting up industrial, trading and service
enterprises.
800. Since training is a requirement for access to sources
of income, the Youth Secretariat signed an agreement with the National
Vocational Promotion Service to extend its cover to groups of young people
throughout the country.
801. A selection committee was also set up in
1997 for the Programme of Economic Assistance for Young Students to address the
needs
of students who have the necessary academic merit but lack the funds to
meet the full cost of their studies.
Environment
802. In
order to tackle the problem of biological diversity the Government is taking
measures to create greater environmental awareness
and thereby secure a more
rational use of natural resources.
803. Local authorities, including
those of Asunción, Atyrá and Tobatí, are carrying out
environmental preservation
programmes with the active collaboration of children
and young people: the commonest activities are street cleaning, beautification
and decoration of squares and parks, tree planting, and erection of
signposts.
804. Misiones Department has a youth programme for local
outdoor cleaning work; it is producing very good results.
805. This
information was taken from the list of social action projects contained in the
annual report of the Executive for 1996/97.
806. The Education Reform has
incorporated the subject of the environment in its curricula from the earliest
stages of schooling in
order to make children aware of the importance of
preserving the environment. The instruction takes the form of games and other
activities such as planting a tree and taking responsibility for looking after
it, walks and trips to parks, learning to use refuse
bins and separating refuse
out into small bags to facilitate recycling, saving materials which be used for
other purposes, etc.
807. Progress has been made in the implementation of
these rights in terms of measures of integrated instruction for children and
parents, so that parents will help children to exercise their rights through
institutions created recently in accordance with objectives
set out in
programmes and projects which are growing stronger year by year and are designed
to meet the basic needs expressed by
children and parents.
808. Such is
the work of the Secretariat for Social Action the programmes of the Education
Reform, the Youth Secretariat, and other
agencies.
809. The biggest
difficulty impeding the exercise of these rights is ignorance of the principles
set out in the Convention on the
Rights of the Child on the part of the
beneficiaries themselves and of their families, teachers and communities.
Greater publicity
must be given to the Convention throughout the country and
priority assistance must be furnished to the most needy groups such as
indigenous peoples.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and
guidance
(article 28)
810. The following are the measures adopted
to guarantee children the right to education gradually and on the basis of
equality.
811. Article 73 of chapter VII ("On education and culture") of
the Constitution states:
"Everyone has the right to comprehensive and continuous education given
effect as a system and a process in the context of the culture
of the community.
Its purposes are the full development of the human personality and the promotion
of freedom and peace, social justice,
solidarity, cooperation and the
integration of peoples, respect for human rights and democratic principles, the
affirmation of commitment
to the Fatherland and of cultural identity,
intellectual, moral and civic training, and the elimination of discriminatory
content
from educational materials.
The eradication of illiteracy and the provision of training for work are
permanent objectives of the education system".
Article 74:
"The right to learn and equality of opportunities in access to the benefits
of humanistic culture, science and technology are guaranteed
without any
discrimination.
The freedom to teach, with no more requirements than those of suitability
and ethical integrity, and the rights to religious education
and ideological
pluralism are likewise guaranteed".
Article 75:
"Education is a
responsibility of society which rests in particular with the family, the
municipality and the State.
The State shall carry out programmes to
provide food supplements and school materials for poor pupils".
Article
76:
"Basic education in school is compulsory. It shall be provided free of
charge in the State schools. The State shall promote secondary,
technical,
agricultural, industrial, and higher and university education, as well
scientific and technological research.
The organization of the education system is an essential responsibility of
the State exercised in conjunction with the various educational
communities.
This system shall cover the public and private sectors and school and
out-of-school activities".
Article 77:
"In the early stages of schooling the teaching shall be in the pupils'
official mother tongue. Pupils shall also be instructed in
the knowledge and
use of the two official languages of the Republic.
In the case of ethnic minorities whose mother tongue is not Guaraní,
either of the two official languages may be chosen".
Article 85:
"The resources allocated to education in the general national budget shall
not be less than 20% of the total amount allocated to
the central
administration, excluding loans and grants".
812. The Government assumed
its commitment in the Strategic Social Development Plan, which includes among
its main areas of action
the provision of social services to boost the
production capacity of individuals and satisfy the set of most basic needs,
including
education. This work is led by the Secretariat for Social Action,
which administers a social investment fund established as a loan
by IDB and
seeks eventually to become an agency for coordination of social questions in the
public sector.
813. The Education Reform is one of the main focuses of
public-sector social policy; it has so far been implemented as far as the
sixth
grade of primary, for the process is a gradual one; the intention is to extend
the reforms to the first three years of secondary,
which currently form part of
basic education. The Reform implies the establishment of the concept of
comprehensiveness within the
culture of the community, the strengthening of
pre-primary education, the elimination of illiteracy, training for work,
non-discrimination
in education (especially against peasants, indigenous groups
and women), respect for ideological and cultural pluralism, and nine
years of
compulsory free basic education (instead of six years); it also provides for
bilingual teaching in Guaraní and Spanish
and makes teaching in the
pupils' mother tongue compulsory. This policy is incorporated both in the
series of national targets for
upgrading the country's human resources and in
the objectives of the democratization process.
814. During the year
following this report the Reform was to be implemented up to the seventh grade,
but there will a shortfall of
7,000 classrooms, a further burdensome item in the
list of problems which the Government must solve.
- The measures adopted to ensure respect for the general principles of the Convention, namely the best interests of the child, respect for the views of the child, the right to life, survival and development to the maximum extent possible, and non-discrimination, including with a view to reducing existing disparities;
815. The Education Reform was designed in the light of the general
principles of the Convention and it includes the full application
of all the
rights set out therein.
816. For example, there is the encouragement
given to a culture of democracy through the establishment of school boards of
governors
(a pupil is elected to the board by a majority vote of his or her
schoolmates for a one year term), the active involvement of parents
in their
children's education so that they support the whole process, as in the case of
the Mita Roga "community homes", and human
rights training for teachers in order
to create an awareness of the rights and duties of their pupils and to make the
teachers into
instructors of a culture of human rights.
- The proportion of the overall budget (at the central, regional and local, and where appropriate at the federal and provincial levels) devoted to children and allocated to the various levels of education
817. Article 85 of the Constitution ("On a budgetary minimum") states
"The resources allocated to education in the general national budget shall not
be less than 20%
of the total amount allocated to the central administration,
excluding loans and grants".
818. In percentage terms the budget
performance of the Education Ministry in respect of current expenditure and
capital expenditure
was as follows:
1993
Current 98.7
Capital 61.4
1994
Current 99.7
Capital 90.0
1995
Current 101.2
Capital 81.9
819. These
proportions may continue to rise to rival those of Latin American countries with
higher social expenditure, but any such
upward trend will have to be accompanied
by greater productivity in education and a higher yield. It is important to
note that the
public sector is aware of the problems, to judge by the series of
programmes and projects currently being implemented under the general
heading of
"Consolidation of the State" or by the existence of administrative modernization
programmes such as the one known as "Integrated
system for the administration of
State resources".
820. According to the Directorate for International
Technical Cooperation, 27.4% of international technical assistance is being
invested
in programmes to consolidate the State:
Technical
assistance
Area Children and disabled
Input
$25,728,000
Percentage 6.4
Area Basic education
and
training
Input $22,747,493
Percentage 5.6
Area Health
Input $20,346,621
Percentage 5.5
Area Consolidation
of the
State
Input $109,516,010
Percentage 27.4
821. It
must be pointed out that in 1997 the Education Ministry suffered a drastic
budgetary cut-back amounting to 37,479 million
of the 764,566 million
guaraníes allocated to education (a 5% reduction). The Health Ministry
also suffered cut-backs even
though these are the two most important social
ministries with the greatest operational needs.
- The consideration given to the real cost to the family of the
child’s education and the appropriate support
provided
822. Experts in a Harvard University mission made an
exploratory study in 1997 to identify the direct costs of operating a school
in
Paraguay per pupil and per year.
823. The findings showed that these
costs were lower than the ones set by UNESCO for this level in a developing
country.
824. The study covered three types of school:
(a) A middle- and lower-middle-class school in the capital;
(b) A primary school in an area in transition from rural to urban, outside
the capital;
(c) Part of a regional education complex, consisting of two primary
schools.
825. The lowest cost was $139 per pupil per year and was
achieved by type (b). Type (c) had a cost of $179, and type (a) $196. However,
all three figures were below the $220 set by UNESCO for this level of education
in developing countries.
826. By means of loans requested from the IDB
the Ministry has been able to provide the basic textbooks for every child
throughout
the country in order to help poor families. Although this measure
reduces the burden of costs on families with children of school
age, they still
have to bear other costs such as school uniform and materials and the costs of
enrolment and support activities,
and of course they have to provide cash for
travel to and from school; all of this places a big demand on families,
especially when
there several children.
- The measures adopted to ensure that children may be taught in local,
indigenous or minority languages
827. Article 77 of the Constitution
("On teaching in the mother tongue") states:
"In the early stages of schooling the teaching shall be in the pupils'
official mother tongue. Pupils shall also be instructed in
the knowledge and
use of the two official languages of the Republic.
In the case of ethnic minorities whose mother tongue is not Guaraní,
either of the two official languages may be chosen".
Article 140 ("On
languages"):
"Paraguay is a multicultural and bilingual country. Its official languages
are Spanish and Guaraní. The law shall establish
the modalities for use
of one and the other language. The indigenous languages and the languages of
other minorities form part of
the cultural heritage of the
Nation".
828. In the light of these provisions of the Constitution the
Education Reform introduced the modality of "Spanish and Guaraní
speakers" in various parts of the country for children
whose mother tongue is
Guaraní and have Spanish as a second language.
829. This modality
was introduced in 118 schools; there are currently 400 monolingual
schools.
830. The measures taken at the basic level of the education
system include:
Permanent attention to indigenous and rural settlements in terms of
provision of teachers, infrastructure and school equipment.
School equipment
has been distributed to 33 schools in the western region and 50 schools in the
eastern region;
Further training for teachers in the use of the mother tongue with the
participation of basic-education technical personnel teaching
Guaraní
courses;
Consolidation of the use of the "Guaraní and Spanish speaking"
modality by means of courses for coordinators and teachers
of this
modality;
Production of a bilingual adult-literacy programme'
Production of basic-education reading materials
(Guaraní-Spanish).
- Mechanisms developed to ensure the access of all children, including
girls, children with special needs and children in especially
difficult
circumstances, to quality education adapted to the child's age and
maturity
831. The following mechanisms have been
developed.
Children with special needs
832. One of the
biggest advances in the treatment of the various problems affecting children is
the attention given to disability
and the awareness that even when a child
requires special assistance he can still be integrated in his family and
community.
833. The Ministry defines special education as "general or
vocational education and/or corrective treatment for persons with mental
deficiencies and for social misfits and retarded children".
834. Most of
the special education is provided by the public sector (72%) or with public
subsidy (25.5%), and there are very few private
institutions (2.5%). Attention
is focused in these services on cases of mental retardation (69.8%) and only
secondary attention
is given to deafness and even less to blindness. In terms
of distribution by sex, the proportion of males catered for in all sectors
(58.6%) is surprisingly high, for this differentiation seems to have been
overcome in all the other modalities of education.
835. The following
activities were carried out in special education from 1996 to 1997:
The Special Education Programme at the initial, basic and secondary levels
and in the continuing education of young people and adults
reached 8,245
students with special needs. This amounted to an increase of 68% over the 1995
school year.
Special education programmes and services were created and expanded, with
the establishment of 341 teacher posts and the opening
of three schools, in
the towns of Itá, San Pedro and Ciudad del Este.
There were 77 special education and support classrooms operating in 43
regular schools in the departments of San Pedro, Cordillera,
Guairá,
Caaguazú, Misiones, Paraguarí, Alto Paraná, Central,
Amambay and Chaco.
Ten special education schools were constructed or underwent maintenance work
in the capital and the interior.
Equipment and materials were supplied to 12 schools in the capital and the
interior.
Instruction was given on 35 courses and at special sessions and workshops
nation-wide to 4,415 teachers of initial, basic and special
education and
to teacher-trainers in subjects connected with the prevention and treatment of
disability and the integration of pupils
with special needs.
The first national forum on special education was held; it was attended by
600 teachers.
A course entitled "Specialization in special education" was held for 16
teachers in conjunction with the Higher Institute of Education.
Specialist technical training in specific learning disabilities was given to
15 teachers from normal and special-education schools.
Ten regional workshops were held for 485 teachers, head teachers and
supervisors from the normal and special-education systems.
A study was made of "Teaching strategy for the development of logical and
creative thought" in 15 selected schools in the towns of
San Bernadino, Altos,
Caacupé, Valenzuela, Tobatí and Caraguatay in conjunction with the
Higher Institute of Education
and a technical cooperation group from Harvard
University.
The departmental committees for the development of support measures for
persons with special needs were strengthened, in collaboration
with the
departmental and municipal authorities.
The Vocational Centre for the Disabled was opened on 26 August 1997, with
the support of the Japanese Embassy, at the request of
the Jasmin Foundation;
its purpose is to provide the beneficiaries with technical training to generate
cash incomes.
836. In this connection, a request was made to the Ministry
of Justice and Labour to furnish materials and equipment such as two welding
machines for making sacks, raw materials, etc. Teaching support is also
provided by a teacher appointed by the Education Ministry
and a physical
education leader.
Children in especially difficult
circumstances
837. As a result of the increase in their numbers such
children are not regarded as special or having special needs but rather as
a
segment of society requiring urgent measures to ensure their protection and
promote their participation in the benefits of economic
and social
development.
838. This category includes all those children under 18
living in difficult or harsh circumstances, and the aim is to secure their
harmonious personal, social, cultural and economic development and their
participation in all spheres of family, community and national
life.
839. In statistical terms, 9.9% of these children do not work or
attend school, and 36.7% of those who work do not attend school.
This figure is
more striking in the case of girls (43.8%), probably as a result of other
obstacles connected with their female status
rather than as a result of their
work as such (criaditas - servant girls).
840. According to data
on school attendance contained in the 1997 UNICEF report "Millions of small
workers: thoughts and proposals",
about a half of all children complete the last
years of primary (47.7%), a third complete only the first three years (29.9%),
and
very few are found at the secondary level (22.4%), which was rendered free
and compulsory by the Education Reform.
841. The Secretariat for Social
Action is the agency responsible for administering inter alia the
programme "Integrated care for child street workers", mentioned earlier. This
programme includes education projects designed
to encourage enrolment, regular
attendance and retention and better scholastic achievement; the projects cover
such activities as
school back-up meetings and coordination work. The following
projects were approved as of May
1998:
Applicant Project
Beneficiaries Department
________________________________________________________________________________
Dequeni
("Let Street 140 Asunción
the Children education
Come
unto Me"
Foundation
San Felipe Alternative 60
Asunción
parish school
Salesian Work training 20
Asunción
Centre for young people
Ananda Marga Improvement
of basic 32 Central
Society learning conditions
in school
No. 14,271
842. The applicants are non-profit NGOs providing social
services for extremely poor children, with the exception of the Ananda Marga
Society (a yoga society), which is an international organization providing
grass-roots social services for extremely poor families.
843. These
projects are described in greater detail in the annexes.
- The steps taken to ensure that there are sufficient teachers in the
school system, to enhance their competence, and to ensure and
assess the quality
of teaching
844. The programme of further training for teachers runs
courses in December and January and in June and July as part of the
teacher-training
system for serving staff holding the school-graduation
certificate, with a view to their acquisition of the teacher's
diploma.
845. More than 2,000 such serving staff in remote areas and
areas of difficult access have graduated from this programme.
846. Every
three years the teacher training institutes graduate about 3,000
teachers.
847. The recently promulgated Resolution No. 30/98 authorizes
the appointment of these students as assistant teachers or to teaching
practice
to fill all of the country's teaching posts.
848. The following measures
have been taken in this area:
Teacher training
Introduction of the national examination for admission to teacher training
(a minimum mark of 70% is required).
Certification of 11 teacher training institutes (five public and six
private) in Asunción, Yataity, Quiindy, Yuty, Santa Rosa
(Misiones),
Fernando de la Mora, Itá, Lima, Guarambaré and
Capiatá.
Further training and upgrading of qualifications for 2,850 teachers working
in secondary education without holding the teacher's
diploma, using modular and
remote courses.
Operation of 47 further training centres with 141 sections and 5,781
participants.
Training of 1,300 area directors and district supervisors and 11,900
fourth-grade teachers and head teachers. Over the coming months
this process
will be extended to fifth- and sixth-grade teachers, who have to prepare
themselves to start classroom work under the
Education Reform from 1998.
Training for 1,200 secondary head teachers and supervisors and 12,000
teachers in the basic stage of the secondary level.
Specialist course in school administration and management for 600 directors
of education areas and head teachers and coordinators
of secondary schools and
colleges. This course was held in six departments: Concepción, San
Pedro, Alto Paraná, Guairá,
Canindeyú and
Itapúa.
Establishment of a National School for the implementation of the Education
Reform in the first cycle of basic education in both public
and private schools
by the pedagogical research and experimentation unit of the Dr. Raúl
Peña Higher Institute of Education.
Re-opening of the specialized teaching courses in the Higher Institute of
Education and, in collaboration with the San Juan Association
of Rural Teachers,
in San Juan Bautista (Misiones).
Management capacity-building for the district supervisors and education
areas to improve the performance and yield of teachers and
thereby the quality
of education.
Selection of teachers by district committees as a means of decentralizing
education.
Courses on school management for district supervisors and area directors in
the departments of Alto Paraná, Canindeyú,
Concepción,
Itapúa, San Pedro and Amambay.
Refresher courses for teachers in the use of the mother tongue, with
instruction in Guaraní by basic education technical personnel.
Improvement of the study circles, with instruction given by trainers of
trainers.
Curriculum training for teachers in Alto Paraná and
Canindeyú.
Improvement of the implementation of the "Guaraní and Spanish
speaking" modality by means of courses for coordinators and
teachers of this
modality.
Training in environmental education for teachers and supervisors in the
capital and Central Department on topics such as refuse disposal
and improvement
of the quality of life.
Participation of supervisors and directors in the Programme for the
Improvement of Secondary Education (MECES)", which focuses on
coordination with
basic education.
Training of teachers carrying out the Education Reform plan, especially
fourth-grade teachers and primary head teachers.
Training in the Education Reform for head teachers and technical personnel
to make them into trainers of trainers.
Training of head teachers in the Education Reform by the trainers.
Training of teachers in the Education Reform by the head teachers.
Production of a handbook on the implementation of school innovator projects,
together with materials for the training of head teachers
and project
coordinators.
- The measures adopted to provide adequate educational facilities,
accessible to all children
849. The following such measures have been
adopted:
Equipment of a building with six classrooms and administrative offices for
the Saturio Ríos regional teacher training school
in San Lorenzo.
Invitation to bid and award of the construction work for a building with six
classrooms at the Clementina Irrazábal school
in the General Patricio
Escobar central education centre in Encarnación and construction
of:
- Information technology classrooms in the Saturio Ríos regional
education centre;
- Three classrooms at the Tomasa Ferreira de Meza school in the Saturio
Ríos regional education centre;
- One classroom/workshop at the Franklin Delano Roosevelt school;
- Two classrooms for the technical baccalaureate in the Dr. Raúl
Peña regional education centre in Pedro Juan Caballero;
- Classrooms at the Mariscal Francisco Solano López school in the
Dr. Raúl Peña regional education centre;
- Information technology workshops and classrooms for the technical
baccalaureate in the Juan E. O'Leary regional education centre
in
Concepción.
Formulation of the project "Re-equipment of workshops and laboratories",
which will benefit 131 schools; a line of credit is being
negotiated with
the Spanish Government.
Provision of teaching resources for the implementation of youth and adult
education programmes in the districts of Villa Elisa, Lambaré
and
Luque.
Production of teaching materials for various subjects of the mental health,
environment, drug addiction, alcoholism and AIDS syllabuses.
Production of the first version of the Spanish literacy programme.
Production of reading materials for basic education
(Guaraní/Spanish).
Several measures adopted with the support of international bodies and within
the context of the various projects for consolidating
the Education
Reform:
- Supply of second- and third-grade training handbooks;
- Printing of teaching materials for initial school and out-of-school
education;
- Production of 4,000 folders;
- Production of 11,000 copies of the national initial education
programme;
- Production of 5,000 copies of the coordination programme for basic
education.
A campus of Asunción National University was constructed in San
Estanislao (San Pedro Department) for the teaching of economics,
obstetrics and
philosophy courses.
School construction work completed
Eight secondary schools in the departments of Caazapá, Cordillera,
Asunción, Caaguazú, Alto Paraná, Central
and
Itapúa.
Four primary schools in rural settlements in the departments of Presidente
Hayes, Caazapuá and San Pedro.
Six primary schools (MEC-CONAVI project) in Central and Caaguazú
Departments.
Five secondary schools in Central, Itapúa, Caaguazú and San
Pedro Departments.
- The rate of illiteracy below and over 18 years, and the rate of
enrolment in literacy classes, including by age, gender, region,
rural/urban
area, and social and ethnic origin
850. The situation of Paraguay's
illiterate population is another of the social conditions on which it is hard to
obtain accurate
or agreed figures.
851. In order to make international
comparisons possible, this report will adopt the UNESCO definition, which
regards as "illiterate"
a person aged 15 or older who has not completed any
years of schooling (absolute illiteracy).
852. For want of more recent
data we take the figure from the 1992 population census, which recorded an
illiteracy rate of 9.7%.
This figure implies a big reduction from the rate of
21.2% shown in the census estimates of 10 years earlier. Most of this reduction
has occurred in rural areas: in 1982 some 30% of the rural population was
recorded as illiterate, as against 14% in 1992. These
figures are consistent
with the expansion of primary school enrolment in rural areas and they may
therefore be considered fairly
reliable. (See table 39 in the annexed document
of the Technical Planning Secretariat.)
853. When the figures are
disaggregated by sex, it can be seen that females reduced their illiteracy rate
more than males, especially
in rural areas, where the rate fell from 34% in 1982
to 17% in 1992. This shows that the efforts to bring the less favoured sex
into
the education system have produced good results.
854. Another factor to
be borne in mind is that the illiteracy rate will be lower for the whole of the
younger population, for illiteracy
rates are known to increase with age, and
universal education was introduced in Paraguay in 1960. Thus the rate for the
15-19 age
group is much lower - at about 2.3% in urban areas for both sexes and
seven and 6% in rural areas for females and males respectively
(Heikel, 1996,
pp. 123 and 124).
855. It must also be pointed out that the gaps between
the sexes in this age group persists in rural areas. The same study found
a
difference of 10 years between urban and rural areas with respect to equal
access to schooling for males and females.
856. Under the Literacy
Programme the enrolment rate in the 15-19 age group is high, and the proportion
of males stands even higher
at 71.4% (see table 38). This lack of access to
literacy training by older girls is consistent with traditional attitudes, which
regard schooling for the female sex as unnecessary, especially for its older
members. However, it must be borne in mind that female
enrolment in the work
training subprogramme was high (59%). This means that when it comes to literacy
the young women who had been
excluded from the education system find it harder
to break back in (for various reasons, ranging from disregard for female
literacy
to obstacles connected with early childbirth); nevertheless, when it
comes to work training the programmes of the Education Ministry
attract more
women.
857. Although it was impossible to obtain full information for the
literacy subprogramme, the data on geographical distribution shows
that
inequalities between the sexes also exist in other departments. Once again
there is a greater concentration in Asunción
with 22% (no figures are
available for Central Department), followed by Amambay and Itapúa
Departments.
858. The illiteracy rate of the indigenous population is
four and a half times higher than for Paraguay's rural population and its
average number of years of formal schooling is three times lower. Bigger gaps
between the sexes are also found in the indigenous
population than in the rural
population: a higher rate of indigenous females with no formal education, and
fewer indigenous males
in primary school (see table 5).
- Any systems of non-formal education
859. A project entitled
"Non-formal education" has been carried out under the Education Reform: it
promotes the education of young
people and adults as a means of delivering
education, literacy and training to persons aged 15 and older who for various
reasons
(late enrolment, seasonal drop-outs, early entry into the world of work)
miss out on primary education.
860. The inclusion of the concept of
"permanent education" in the Education Reform (and in the legislation) indicates
the importance
attached to the expansion of learning opportunities throughout
life. The permanent education programme is theoretically open to
anyone aged 15
or older who is interested in it. But in practice about 70% of the participants
are young people in the 15-19 age
group. The main features of this programme
are its basic education, work training and literacy components.
861. Most
of this age group (77%) enrols in the basic education subprogramme, with a clear
predominance of males (66%) over females
(34%) (see table 36).
862. In
the case of adult basic education 46.7% of the enrolment is concentrated in
Asunción and in Central and Alto Paraná
Departments. The figures
are virtually the same for both males and females (47.4 and 45.4%
respectively).
863. In the work training subprogramme the proportion of
enrolment in the 15-19 age group was about 75% 1995; the predominance of
males
over females was maintained (52.7 and 47.3%) but at a lower level than in the
basic education subprogramme (see table 37).
864. The participation of
this same age group was high in the literacy subprogramme, with more males than
females enroling.
865. This project promoted a number of activities:
courses, workshops and special sessions for various beneficiaries such as
grass-roots
leaders and women's organizations, young people of both sexes,
schoolteachers and extension workers. Various topics were addressed:
reproductive health, civic education, sexual abuse, sexual and reproductive
health, monitoring, leadership, maltreatment, and production
strategies.
866. Another project is the Mita Iru Active School, operated
under an agreement between the Education Ministry, UNICEF, the Ministry's
Programme for the Improvement of Basic Education, and IDB. The Active School is
an experiment initiated in 1995 in some 10 multi-grade
rural schools (one
teacher responsible for more than one grade) in the department of
Caaguazú as a means of compensating for
the shortage of
teachers.
867. In these schools the pupils take charge of their own
learning and the teacher becomes a facilitator. Using special learning
materials the pupils work on modules and can suspend and resume their studies,
thus adapting to the realities of their rural lives,
especially at harvest time.
This project also encourages the development of a culture of democracy, for each
grade elects a representative
to serve for a one-year term on the school's
governing board and fight for their interests.
868. According to a report
by the Ministry's Department of Basic Education, there are currently 49 such
schools with a total of 8,272
pupils in the areas of
Caaguazú-Repatriación, José Félix Estigarribia,
Presidente Hayes, Benjamín
Aceval, Paraguarí and
Ybycuí.
- Any system or extensive initiatives by the State to provide early
development and education services for young children, especially
for young
children from disadvantaged social groups
869. The system or
initiative by the State is the National Non-school Initial Education Programme,
which originated in the Campito
II community in Colonia Independiente district.
It was originally called "Mitai Roga" (Boys' House). In view of the gender
approach
taken by the Education Reform it is now known as "Mita Roga", which
denotes girls as well as boys.
870. This programme seeks to cater for the
most pronounced needs such as nutritional deficiencies, lack of stimulus in the
family
environment, affective deficits, and the weak development of communities.
It will stimulate the cognitive, affective, social and
psychomotor aspects of
the development of under-fives. It offers opportunities of access and equal
treatment for children in rural,
indigenous and extremely poor villages. The
aims are to:
Improve participation in social, historical and religious events in the
family, school, community and country;
Develop the capacity to listen to, speak, understand and interpret
Guaraní and Spanish;
Instil attitudes of solidarity, respect, courtesy and
responsibility;
Enhance the communication of ideas and experience through the development of
oral language, music, drawing, painting, game-playing,
and bodily movement as
the fruits of the children's creativity;
Develop basic skills for manual, mental and group work depending on the
needs;
Express simple ideas generated by observation and comparison;
Instil habits of hygiene and personal and collective safety.
The
programme also gives advice and training to parents in the stimulation and
training of children in and outside the home.
871. In view of the
increasing need to provide comprehensive care for small children, the non-school
modality proposes as an alternative
measure the adaptation and use of one or
more family homes in the community, following selection and training of the
mothers as leaders
caring for groups of not more than 10 children aged under two
years whose own mothers work away from the home and can afford this
care service
for their babies. This modality thus establishes a "learning home" and prevents
under-twos from being left alone in
the house without supervision and exposed to
dangers.
872. The parents using each learning home in the community are
required to support the work as a group, making sure that all the commitments
contained in the conditions for the operation of the home are fulfilled. It
must be stressed that this service is not free; the
parents are required to make
a small contribution.
873. Teaching materials have been printed and
widely distributed to support the work of the Mita Roga and initial education in
general.
Another success was the training of some 800 teachers and
2,000 mothers using the various Mita Roga services. There are currently
30
Mita Roga located in several of the country's departments.
- The changes that have occurred in the education system (including with
regard to legislation, policies, facilities, budgetary allocation,
quality of
education, enrolment, drop-out and literacy)
874. The legislation
includes the General Education Act, approved by Decree No. 1264 of 26 May 1998,
a copy of which is annexed to this report. This Act redefines the whole process
of
formal education. It prescribes special education, which includes the
teaching of the arts, such as music, dance, drama, and the
plastic arts, and
designates the State agency the "Ministry of Education and Culture". It creates
a National Education Council and
officially establishes the teaching of
Guaraní.
- Any monitoring mechanism developed, factors and difficulties
encountered and targets identified for the future
875. Ever since
its introduction the Education Reform has had a National System for the
Assessment of the Education Process (SNEPE),
which monitors the three levels of
basic education in such areas as mathematics, Spanish language, and attitude to
school. The annexes
include a report on the work of SNEPE.
876. Where
targets for the future are concerned, there is project called "School of the
future". This is an agreement with the United
States of America on the
introduction of bilingual Spanish/English education and individualized teaching,
instruction in moral values,
and the establishment of computerized education.
There are currently 13 schools with a total of 1,217 pupils participating in
this
project in Asunción, Caacupé, Itapúa, Capiatá,
Luque, Encarnación, Misiones, Pilar, Curuguaty,
Coronel Oviedo and
Ayolas.
877. Lastly, the present targets propose and encourage preventive
work and provide opportunities for participation by means of messages
on the
development of children and women; this offers daily encouragement to a large
part of the country's population, especially
the most disadvantaged
groups.
878. It can thus be seen that with the present targets it is
possible to reach groups of women, young people and children needing
support and
solidarity. In this sense these targets facilitate the development of
integrated projects. In addition, the non-formal
education target allows
account to be taken of the gender perspective as part of an even-handed approach
and as a form of positive
discrimination - a temporary measure to help
marginalized girls.
- Other relevant disaggregated data on the children concerned, including
on education outcomes, inter alia by gender, age, region, rural/urban
area, and national, ethnic and social origin
879. Responses have
already been given on this point in earlier paragraphs. Statistical tables to
supplement those responses will
be found in the annexes.
107. Reports
should also indicate the particular measures adopted:
- To make primary education compulsory and available free for all,
particularly children, indicating the minimum age for enrolment
in primary
school, the minimum and maximum ages for compulsory education, the proportion of
children enrolled, who complete primary
education, as well as any relevant
disaggregated data including by age, gender, region, urban/rural area, national,
social and ethnic
origin, service coverage and budgetary
allocation
880. The particular measures include:
(i) Article 76 of the Constitution, which states: "Basic education in
school is compulsory. It shall be provided free of charge in the State schools.
The State shall
promote secondary, technical, agricultural, industrial, and
higher and university education, as well scientific and technological
research.
The organization of the education system is an essential responsibility of the
State exercised in conjunction with the
various educational communities. This
system shall cover the public and private sectors and school and out-of-school
activities".
(ii) The Education Reform, which constitutes an effective practical means
of providing compulsory primary education free to all.
Pre-primary
level
881. The average age of children in pre-primary is four to five
years. The cover of the education system at this level is still limited
and is
heavily concentrated in urban areas (75.5%). However, the cover increases every
year: between 1992 and 1995 enrolment rose
at an annual rate of 19.2% (40.4% in
1992), some six times faster than the population growth rate (Technical Planning
Secretariat
document).
882. The cover has increased most in the public
sector, which accounts for about 60% of the enrolment and is growing at a rate
of
about 28.3%. There has also been a considerable expansion in rural areas, at
a rate of 31% between 1992 and 1995, although rural
enrolment still accounts for
only 24.5% of the total.
883. It must also be borne in mind that,
according to Education Ministry data, in the period 1987-1992 the enrolment rate
was about
13.7%, a fact which validates the efforts made under the Education
Reform to encourage pre-primary education.
Primary
level
884. Since the introduction of the Education Reform the period
of basic education has been extended to nine years, from age six to
15. As
already mentioned, so far the reform has been implemented only as far as the
first six grades.
885. Ninety-one per cent of the 7-12 age group is
enrolled at the primary level. In terms of geographical distribution rural
enrolment
was lower than urban in 1992-1995 although increasing in absolute
numbers.
886. The public sector accounts for more than 6% of enrolment,
and there is still a certain predominance (3%) of boys over
girls.
887. With respect to the system's efficiency (apart from the good
coverage), the indicators of regular attendance, drop-outs and academic
performance are also of interest; regular attendance is the area in which most
progress has been made.
888. For example, between 1992 and 1995 the
primary school drop-out rate fell from five to 4%, with the highest levels in
rural areas
(5.2%), in public schools (4.6%) and among boys (4.5%) (see table 4
in the report of the Technical Planning Secretariat). The biggest
decline in
the drop-out rate was found in private schools (2.3%) and in urban areas (3.2%).
The retention rate in primary school
also made progress in this period, rising
from 55 to 58% but with a gap between urban areas (75.8%) and rural areas, where
less than
half (46.3%) of the children who enrolled at the primary level
successfully completed it. There was also a difference in the retention
rate
between boys (55.7% ) and girls (61%). Although girls had fewer opportunities
of access, they did better in terms of completing
the primary cycle and of
performance (see table 31). Every year the most drop-outs occurred between the
fifth and sixth grades and
between the first and second grades, the latter group
being the one which initiated the reform process.
889. In 1995 the rate
of performance, or advancement from the primary cycle, was about 52%
nationally.
890. If this indicator is compared with the retention rate
there is little difference between the two, but a 52% performance rate
indicates
a worrying situation: only five out of every 10 children enroling in primary
succeeded in completing the cycle six years
later.
891. In contrast to
the drop-out/retention rate, the performance rate was lower in urban areas; this
means that although the cover
was better and drop-outs fewer the gap between the
number who enrolled and the number who completed the cycle was wider than in
rural
areas. According to these figures, the expansion of the system in the
primary cycle was greater in urban areas but less effective
than in rural ones.
Boys constitute the other big problem area, for fewer than half of them
completed the primary cycle.
892. The questions of the coverage of the
service and budgetary allocations were dealt with under general guideline
106.
- To encourage the development of different forms of secondary education,
including general and vocational education, and measures
adopted:
. To make such forms available and accessible to every child, providing
inter alia any relevant disaggregated data including by gender, age,
region, rural/urban area, national, social and ethnic origin, coverage
and
budgetary allocation
893. Article 76 of the Constitution stipulates
that basic education shall be compulsory and free, and this provision was
specifically incorporated in the Education Reform.
In order to make this level
of education available to all children the Education Reform extended the scope
of compulsory and free
basic education to cover the secondary level. The
duration of basic education was thus increased to nine years in
1992.
894. In reality the Education Reform has had more effect at the
primary level, while no immediate changes have resulted in
secondary.
895. Disaggregated data for boys, girls and young people will
be found in the section on access to education.
896. There is no
information on the coverage or the budgetary allocations.
. To introduce free secondary education and offer financial assistance
in case of need, indicating the children concerned, including
by gender, age,
region, rural/urban area, and national, social and ethnic origin, and the budget
allocated for that purpose
897. As pointed out in preceding section,
the Education Reform provides for free secondary education. And as mentioned
earlier, the
selection committee for the Programme of Economic Assistance for
Young Students was set up in 1997; it addresses the needs of academic
high-flyers who cannot continue their studies for want of money, with the aim of
helping them by awarding scholarships to ease this
difficulty.
898. This
information was compiled from the annual report of the Executive (June,
1997).
- To make higher education accessible to all on the basis of capacity, indicating inter alia the rate of access to higher education by age, gender and national, social and ethnic origin
899. In order to make higher education available to all on the basis of
ability the Education Reform provides for the implementation
of the Programme
for the Improvement of Secondary Education (MECES), under which the following
actions have so far been taken:
Training in the Education Reform for head teachers and technical personnel
to make them trainers of trainers;
Training of head teachers in the Education Reform by trainers;
Training of teachers in the Education Reform by head teachers;
Implementation on an experimental basis of the school innovator projects in
the departments of Caaguazú and San Pedro, with
the participation of 40
schools;
Initiation of 707 subject courses in 142 secondary schools;
Assignment of personnel to strengthen the offices of district coordinators
by filling 38 coordinator, evaluator, secretary and auxiliary
posts in 16
supervision districts;
Production of the handbook on implementation of the school innovator
projects and materials for the training of head teachers and
project
coordinators.
900. In terms of access to secondary education, the
enrolment was higher in urban areas (82.2%) in 1992-1995, but the expansion rate
was four times higher in rural than in urban areas (35 and 7.9% respectively)
owing to the efforts of the private sector, which grew
two and a half times
faster than the public sector (21 and 8.4%). No significant divergences were
found between the sexes.
901. The expansion of secondary enrolment in
rural areas does not necessarily mean an improvement in the standard of the
education.
What happened was that the retention rate behaved differently by
area: it was higher for all courses in urban areas (54% at the
end of the cycle)
and very selective between primary and secondary in rural areas (57%). In any
event, the period 1992-1995 saw
an increase of about 10% in the retention rate
in rural areas (30% at the end of the cycle in 1995). (See table 34 in the
Technical
Planning Secretariat report.)
902. Among the various branches
of the humanities or general baccalaureate, taken by most students, the
commercial baccalaureate is
steadily losing enrolment, and the technical
baccalaureate is still very underdeveloped despite its incorporation in the
legislation
and, more importantly, the challenges implied by the need to train
middle-management, technical and professional personnel imposed
by economic
integration projects such as MERCOSUR, which involves Paraguay, Argentina,
Brazil, Bolivia, Chile and Uruguay.
903. This level of training, which
accounted for only 3.1% of secondary enrolment in 1995, is taken up mostly by
males (69.4%) and
in urban areas, and it is centred on the technical
baccalaureate for both males and females.
904. Non-formal technical
education, offered by public and private institutions, attracts more students
from the adult populations.
905. The access of the indigenous population
to secondary education totals 1.7% (2.2% male and 1.2% female); for further
details see
the annexed statistical tables on the indigenous population.
- To make educational and vocational information and guidance available
and accessible to all children, indicating, inter alia, the forms of such
information and guidance, the mechanisms used to assess their effectiveness, the
budget allocated for that purpose,
as well as any relevant disaggregated data,
including by age, gender, region, urban/rural area, and social and ethnic
origin
906. The Education Ministry's Department of Educational and
Vocational Guidance offers vocational guidance services for the 15-19
age group
in public schools, especially for technical courses.
907. In addition, at
the start of every year all the country's universities publish supplements
describing in detail the courses offered
and their objectives and scope.
Private schools do likewise. There are also private initiatives such as the
ones taken by the newspapers
ABC Color, Noticias and Ultima
Hora, which regularly publish educational and vocational information of
great use to both students and teachers.
908. The National Vocational
Promotion Service, a technical agency of the Ministry of Justice and Labour,
came into being in 1972.
Its main purpose is to organize, develop and promote a
system of vocational training. Its courses are aimed at persons from different
levels and sectors of the economy, and it covers the whole country with its
network of central offices, local branches and mobile
units, which reaches every
corner of the land. It also furnishes assistance and support to the production
sectors through a dual-learning
system for young people aged 15 to 20: the
theoretical work is done in a training centre and the vocational practice in an
enterprise.
It offers the following courses in this area: metal-working, bank
management, carpentry, cabinetmaking, bakery, confectionery, industrial
electrics, car repair, tourism, textiles, commercial management, graphic arts,
industrial maintenance, hotel management, and farming.
This information was
compiled from a publication of the Office of the First Lady, November
1997.
- To encourage regular attendance at school and to reduce drop-out rates,
including research, any mechanisms developed to assess
the situation, and
incentives provided to encourage school entrance, regular school attendance and
school retention, any alternatives
provided for children who are excluded from
school, as well as other relevant data disaggregated by age, gender, region,
urban/rural
area, and social and ethnic origin
909. An agricultural
calendar was devised for schools in order to encourage regular attendance,
especially in rural areas; it varies
from region to region according to the
local cropping system. The schools organize their programmes on the basis of
this calendar,
breaking off at harvest time and resuming once the harvest is in;
they thus help to prevent children from dropping out for economic
reasons and at
the same time make it easier for them to help their families with the farming
work.
910. The same function is performed by the Mit Ir
Active School programme, described earlier.
911. The groups of children who are temporarily
excluded, by reason of special circumstances, from exercising their right to
education
include pregnant girls, who may be excluded from either public or
private schools on the ground of their pregnancy. Such children
do have ready
access to other private institutions offering education in accelerated or
regular courses, which can be adapted to
the needs of pupils who for special
reasons cannot complete the studies begun in other schools. Since these
institutions do not
belong to the State, the fees must be paid by the
pupils.
912. The Education Ministry's National Institute for the
Protection of Persons with Special Needs (INPRO) has an operational programme
to
enable disabled children to enrol in public or private schools and share
classrooms with normal children.
913. The new Education Act (No. 1264,
promulgated on 26 May 1998) establishes modalities of education for persons with
disabilities
or special needs with a view to securing their total
rehabilitation. Persons deprived or their liberty may take a literacy course
which goes as far as the third grade.
914. There have not yet been any
cases of children excluded from school because they are suffering from
AIDS.
915. The Ministry has a programme to help children of school age
undergoing long-term treatment in public hospitals who cannot attend
regular
classes. They are visited by teachers who give them comprehensive educational
support; one example of this was the session
for such children held in April
1998 at the Itagúa National Hospital. This information was compiled from
documents supplied
by the Schools Department of the Education Ministry.
- Legislation applying to public and private schools and other education
institutions and prohibiting all forms of violence, including
corporal
punishment, as well as any other disciplinary measures which are not consistent
with the child's human dignity or in conformity
with the provisions of the
Convention, including articles 19, 29 and 37 (a), and its general principles
particularly of non-discrimination,
best interests and respect for the views of
the child
916. Physical punishment is not permitted in any primary or
secondary school in the public or private sector, in accordance with the
provisions on the protection of children contained in article 54 of the
Constitution. Article 8 (d) of the Juvenile Code states: "All children have the
right to receive humane treatment from their parents, guardians
or foster
parents".
917. Furthermore, title VIII, article 48 (b), of the Primary
Schools Regulations states that children have a right to be treated with
kindness and understanding, without any discrimination, that their personalities
must be respected and that they must not be harmed
by word or
action.
918. The Education Reform includes non-curricular components
designed to encourage families to take a part in school and community
management; these components are currently being supported by projects in which
UNICEF is cooperating.
919. Article 7 of the draft Children's Code also
states:
"It is a duty of the family, the community, society at large and the State
to protect children and adolescents by safeguarding them
against any physical,
social or psychological risk arising from the omission or commission of an act,
discrimination, exploitation,
violence, cruelty, oppression or
aggression.
- Any monitoring system of the administration of the school discipline,
as well as mechanisms of reporting and complaint
921. The Public
Prosecutor's Office and the Secretariat for Women have carried out programmes to
train teachers to look out for indications
of ill-treatment, such as repeated
absences, signs of physical or mental violence, or any other indication of
aggression.
922. Reports may be made to the Juvenile Complaints
Department of the Attorney General's Office, which children may approach in
person
or through a representative.
923. Article 8 (h) of the Juvenile
Code states that children have a right to receive treatment and attention
consistent with their
aptitudes and physical and mental
capacities.
924. And article 36 of the draft Children's Code
states:
"The managers and teachers of educational institutions are obliged to
communicate to the competent authority any case of suspected
or verified
physical, emotional or sexual maltreatment of their pupils, or any case of
repeated and unjustified absence or drop-out,
expulsion or refusal to re-admit a
former pupil".
925. Article 37 states:
"Educational institutions shall exhibit in public and visible places
information concerning the agencies to which children and adolescents,
their
parents or other persons officially responsible for them may apply in the cases
envisaged in the preceding article".
- Any independent mechanism established for that purpose
- Legislation providing the opportunity for the child to participate in
administrative or judicial proceedings relating to education
and affecting him
or her, including those relating to the choice of school, school
exclusion.
926. Apart from the Convention on the Rights of the Child
there is no legislation which expressly accords children these rights.
As
mentioned earlier, juvenile judges permit children to participate actively in
any judicial proceedings affecting them, on the
basis of the principles of the
Convention.
927. Children are not normally involved in decisions relating
to the choice of their school or to their expulsion from school. Authority
is
still imposed in these matters.
Contributing to the elimination of ignorance and illiteracy throughout
the world;
Facilitating access to scientific and technical knowledge and modern
teaching methods;
Taking particular account of the needs of developing
countries.
928. The programme in these areas of education and
training receives international support in the form of grants of materials and
equipment, infrastructure works, and award of scholarships.
929. The
projects in operation include the following:
1. Project of the Paraguayan Centre for Telecommunications
Training
Funding: Japan
2. Bilingual education for indigenous groups (OISCA-International,
Paraguay)
Funding: Japan
3. Construction of school No. 13,453 (María Auxiliadora) in
Limpio
Funding: Japan
4. Construction of classrooms at the Yguazú Adventist School of East
Paraguay
Funding: Japan
5. Construction of school No. 14,128 in the Arroyo Claro
settlement
Funding: Japan
6. Forestry engineering course at
Asunción National University
Funding: Germany
7. Education
for health and improved learning
Funding: Spain
8. Project on
equal opportunities in education
Funding: Spain
9. Continuous
training of human resources
Funding: Spain
10. Remote
education
Funding: Spain
11. Educational demands of young people
in Paraguay
Funding: UNDP
12. Improvement of primary
education
Funding: IDB
13. Assistance for the Canaán de
Nemby technical school
Funding: Republic of Korea
930. Regional projects for rural
children:
UNICEF: Mitã Iru Active Schools programme in the departments
of Caaguazú and Presidente Hayes, at the consolidation and extension
stage;
Plan International: Active Schools programmes in the departments of
Caaguazú (Repatriación), José Felix Estigarribia,
Presidente
Hayes (Benjamín Aceval), and Pataguarí (Ybycuí):
a total of 50 schools with 8,272 beneficiaries;
BECA: Educational back-up in the community. Technology transfer
project on sex education;
Beneficiaries: 2,604 sixth-graders; 48
teachers; 37 schools; two supervision districts.
The beneficiaries are
rural children but the indigenous population is not counted in these
figures.
931. There is no information on financial assistance or on
evaluation of progress or difficulties; as noted, these projects are at
the
consolidation stage.
B. Aims of education
(article 29)
- The development of respect for the child’s personality, talents
and mental and physical abilities to their fullest potential;
- The development of respect for human rights and fundamental freedoms,
and for the principles enshrined in the Charter of the United
Nations,
indicating whether the subject of human rights in general, and children’s
rights in particular, has been incorporated
in the school curricula for all
children and promoted in school life;
- The development of respect for the child’s parents, his or her
own cultural identity, language and values, for the national
values of the
country in which the child is living, the country from which he or she
originates and for civilizations different from
his or her own;
- The preparation of the child for responsible life in a free society, in
the spirit of understanding, peace, tolerance, equality
of the sexes, and
friendship among all peoples, ethnic, national and religious groups and persons
of indigenous origin;
- The development of respect for the natural
environment.
932. Article 73 of chapter VII ("On education and
culture") of the Constitution states:
"Everyone has the right to comprehensive and continuous education given
effect as a system and a process in the context of the culture
of the community.
Its purposes are the full development of the human personality and the promotion
of freedom and peace, social justice,
solidarity, cooperation and the
integration of peoples, respect for human rights and democratic principles, the
affirmation of commitment
to the Fatherland and of cultural identity,
intellectual, moral and civic training, and the elimination of discriminatory
content
from educational materials.”
933. The eradication of
illiteracy and the provision of training for work are permanent objectives of
the education system.
934. The following educational objectives were
established in the Education Reform:
To increase the coverage in initial and basic education;
To recruit trained personnel to help to improve management;
To add more primary schools on a gradual basis and to reduce the number of
grades covered by multi-grade schools;
To give priority to initial education and to schools in indigenous and rural
areas, as well as to other vulnerable schools;
To implement the Education Reform in pre-school and basic education up to
the third grade by 1996;
To introduce alternative modalities in the education system, such as the
Active Schools programme;
To devise plans, programmes and projects for children in collaboration with
governmental and international agencies;
To produce, print and distribute textbooks and exercise books for children
covered by the Education Reform;
To consolidate the proposed national curriculum within the framework of the
gradual introduction of bilingual programmes;
To expand the modalities of initial education by means of local
self-management;
To support the construction and equipment of schools by encouraging
grass-roots participation for social development;
To provide training and refresher courses for the teachers carrying out the
Education Reform;
To consolidate the methodologies which facilitate meaningful
learning;
To adapt the curriculum to the regional situation within the context of the
Education Reform.
935. Democratic Education is a shared responsibility of
the school, the family, the Church, social clubs, political parties and
cooperatives;
in short, of the whole community. The development of Democratic
Education during initial education and the three cycles of basic
education is
founded on human rights and vocational guidance.
936. The content of the
concept of Democratic Education is based on a comprehensive approach and
addresses all the dimensions of human
development: mental skills, acquisition of
knowledge, attitudes, values, and psycho-motor abilities and
skills.
937. This is achieved by means of methodologies which encourage
participation, free expression, respect for dissenting opinions, cooperation,
integration, and problem-solving in order to build knowledge and enhance
democratic life.
938. The incorporation of human rights in the Education
Reform is aimed at the creation of a culture of respect for the dignity of
the
human person in the universal context of human rights, seeking to educate
children in the truth and in human values such as honesty,
social justice,
tolerance, solidarity and respect, to instil attitudes of perseverance and
integrity in confronting problems, and
to develop the creativity to devise
alternative solutions.
113. Reports should also indicate:
- The training provided to teachers to prepare them to direct their
teaching towards these aims;
- The revision of school policies and school curricula to reflect the
aims identified in article 29 at the various levels of
education;
- Relevant programmes and material used;
- Any peer education and peer counselling promoted;
- Efforts made to bring school organization in line with the Convention's
principles, for example mechanisms created within schools
to improve the
participation of children in all decisions affecting their education and
well-being.
939. From the outset the Education Reform has included a
programme of training and refresher courses for teachers which is executed
through the "A" workshops for each grade of basic education. These workshops
teach all the relevant components of the gradual implementation
process.
940. They are held in the departments and are attended by all
the members of the education community: secretaries for education, supervisors,
head teachers and teachers.
941. In conjunction with IDB the Education
Ministry provides the funding for these events and for other events scheduled in
the operational
plans.
942. The Mita Iru Active School programme,
described under general guideline 106 on systems of non-formal education, offers
another
means of training teachers to direct their work towards the goals of the
Education Reform. In 1997 this training programme ran 26
courses for 163
teachers and nine courses for 480 parents. The Active Schools seek to instil a
culture of democracy: each grade
elects by direct vote term a representative to
serve on the school's board of governors for a one-year term.
943. One of
the mechanisms created to enable children to express their opinions is the
student delegate for each grade or course.
As early as the secondary level
students have their own organizations or student centres, usually drawing their
membership from
the higher levels of the institution, which act as spokesmen for
and defenders of student rights.
944. However, in practice little account
is taken of the views of student representatives in decision-making in schools.
One example
of this situation is that students are not consulted about the
formulation and design of syllabuses even though they have the biggest
stake in
this matter. Students have little opportunity to play a role in the appointment
of academic authorities, and even when
they do participate their role is only
symbolic.
945. But in recent years there have been instances of students
and their parents making complaints and even using force to obtain
the dismissal
of a teachers guilty of abusing his authority.
946. The function of "school
liaison officer" was created to enable parents to encourage participation,
collaboration and solidarity
among the members of the school with a view to
improving the quality of the education. These liaison officers an organization
regulated
by a resolution of the Education Ministry, by which they are
recognized. Every school has its liaison officer, who collaborates
with the
school management.
Recognized school liaison officer associations: 1,250
Construction
associations: 71
115. Reports should also provide information
on the appropriate mechanisms developed to:
- Ascertain that the aims of education identified by the Convention are
respected by such institutions;
- Ensure respect for the general principles of the Convention, namely
non-discrimination, the best interests of the child, respect
for the views of
the child and the right to life, survival and development to the maximum
extent;
947. Schools are monitored by the district supervisors'
offices, which are responsible for planning for the attainment of the objectives
proposed by the Ministry, for ensuring that they are taken into account, and for
evaluating the progress and redirecting the work.
948. The primary level
has 80 district supervisors for the whole country.
949. Supervisors are
also responsible for ensuring respect for the general principles of the
Convention and they address this point
in their evaluation work in order to
detect possible violations of these principles.
950. The progress achieved in the implementation of
this article consists of the Education Reform and the General Education Act
promulgated by Decree No. 1264 of 26 May 1998.
951. The main difficulty
is the failure to allocate sufficient funds in the national budget to education,
which is just as a big a
priority as health and in which children have a greater
stake.
C. Leisure, recreation and cultural
activities
(article 31)
- Rest and leisure;
- Engage in play and recreational activities appropriate to the age of
the child;
- Participate freely in cultural life and the
arts.
952. The following measures safeguard these
rights:
Article 74 of the Constitution states:
"The right to learn and equality of opportunities in access to the benefits
of humanistic culture, science and technology are guaranteed
without any
discrimination.
The freedom to teach, with no more requirements than those of suitability
and ethical integrity, and the rights to religious education
and ideological
pluralism are likewise guaranteed".
Article 83 states:
"No fiscal or municipal taxes shall be imposed on objects, publications and
activities of significant value for the dissemination
of culture or for
education. The law shall regulate this exemption and establish a system of
incentives for the introduction and
establishment in Paraguay of the necessary
elements for the exercise of the arts and for scientific and technological
research, as
well as for their dissemination at home and abroad".
Article
8 of the Juvenile Code, on children's rights, establishes in general terms their
right to maintenance, education, shelter
and clothing consistent with their age
and sex, but it does not contain any more specific provisions in this
connection.
953. The municipalities have departments of culture
responsible for holding cultural and recreational events for children, young
people
and adults in the form of theatrical works, exhibitions, concerts, ballet
performances, literary and artistic competitions, etc.
954. Attention is
drawn here to the work of the Municipality of Asunción, whose department
of culture organizes a series of
such events throughout the year.
955. In
addition, public and private educational institutions have an annual Cultural
Agenda which includes the celebration of national
holidays with the
participation of pupils and parents, excursions, visits to the country's
hydroelectric dams and historical sites,
sporting competitions, concerts and
theatre and ballet performances. The music departments teach instruments such
as the guitar,
flute and harp in addition to music theory and solfa. Excursions
are also made to national parks in the interior in order to promote
domestic
tourism.
956. It is very common for students in private secondary schools
to organize events such as festivals, fêtes and bazaars to
raise funds for
the traditional end-of-year trip. These events are usually supervised by the
school managers and the parents' committee
in order to ensure that they are
properly conducted, i.e. to prevent the consumption of alcoholic beverages by
the students, the
distribution of toxic substances, physical or verbal
aggression, etc.
- The proportion of the relevant overall budget allocated (at the
central, regional, local and where relevant at the federal and
provincial
levels) for children
957. There is no information on this
point.
- The cultural, artistic, recreational and leisure activities, programmes
or campaigns developed and provided at the national, regional
or local, and
where appropriate at the federal and provincial levels, to ensure the enjoyment
of this right including in the family,
in the school and in the
community
958. Paraguay has not got any cultural policies for the
provision of recreational, leisure or holiday activities for children.
Generally
speaking, Asunción and other chief towns do run some such
activities on a more organized basis. The activities depend directly
on the
infrastructure available in these towns.
- The enjoyment of the rights recognized by article 31 in relation to
other rights recognized by the Convention, including the right
to
education
959. This point is covered above.
- The respect ensured to the general principles of the Convention, namely
non-discrimination, the best interests of the child, respect
for the views of
the child and the right to life, survival and development to the maximum
extent
960. The general principles of the Convention are partially
respected.
- Relevant data on the children concerned, including by age, gender,
region, rural/urban area, and national, social and ethnic
origin
961. No information is available on this point.
- Progress achieved in the implementation of article 31,
difficulties encountered and targets set for the future
962. Progress
has been achieved in the cultural activities organized by the municipalities,
especially Asunción.
963. The promulgation of the General
Education Act, which defines the relevant State agency as the Ministry of
Education and Culture, continues to generate a greater commitment to
cultural
and other recreational programmes.
964. One difficulty is that the
cultural or recreational activities may be rather expensive and beyond the reach
of extremely poor
children. This prevents the attainment of the proposed
objective of facilitating the exercise of the right to participate in such
activities.
VIII. SPECIAL PROTECTION MEASURES
(articles 22,
38, 39, 40, 37 (b)-(d), 32-36)
A. Children in situations of
emergency
1. Refugee children (art. 22)
965. Paraguay
has legislation establishing general policies on migration. But it has only the
two following provisions on refugees
as such. Article 43 of the Constitution
states:
"Paraguay accords the right to territorial and political asylum to anyone
persecuted for a political crime or a related common crime
or for his opinions
or beliefs. The authorities shall immediately issue personal documents and the
corresponding safe-conduct to
such a person. No political refugee shall be
transferred by force to the country whose authorities are persecuting
him".
966. And article 3 of the Migrations Act states:
"Political refugees shall also be able to remain in the country by
regularizing their situation, for which purpose documents or testimony
supplied
by persons residing in Paraguay shall be admissible and regarded as sufficient
for verifying a refugee's identity and country
of origin or the country from
which he has arrived. The same procedure shall likewise apply to refugees and
displaced persons not
in possession of documents qualifying them to remain in
the Republic".
967. In Paraguay the Secretary of State responsible for
receiving applications for asylum is the Minister for Foreign Affairs. However,
there is no law making such a provision.
968. Nor is there any
legislation providing for possible avenues of appeal against decisions denying
refugee status or a corresponding
immigration visa.
969. Nor is there any
legislation addressing the rights of members of a refugee's family with respect
to residence and documentation,
but the broad interpretation of the existing
legislation in practice means that such rights are implicitly
accorded.
970. Where international instruments are concerned, Paraguay
has signed the 1951 Convention and the 1967 Protocol relating to the
Status of
Refugees.
971. These instruments give a general and universally
applicable definition of the term "refugee" and establish minimum rules for
the
treatment of refugees. The Convention regulates in detail the legal status of
refugees and provides States parties with a uniform
basis for the treatment of
persons or groups of persons entitled to protection.
120. Reports
should also indicate:
- The international and domestic law and procedures applicable to the
child who is considered a refugee or is seeking asylum
972. The
legislation and procedures described in the preceding section apply to
children.
- Relevant international human rights and humanitarian instruments to
which the State is a party, at the multilateral, regional and
bilateral
levels
Multilateral human rights instruments ratified by Paraguay
Geneva Conventions relating to the Protection of
Victims of International Armed Conflicts
Signature: Geneva, 12 August
1949
Ratification: Act No. 693 of 30 September 1960
Protocols Additional to the Geneva Conventions of 12 August 1949 and
relating to the Protection of Victims of International Armed
Conflicts (Protocol
I) and of Non-International Armed Conflicts (Protocol II)
Signature: Geneva,
9 September 1977
Ratification: Act No. 28 of 20 August 1990
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field (Convention I)
Signature: Geneva, 12
August 1949
Ratification: Act No. 693 of 30 September 1960
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of the Armed Forces at Sea (Convention
II)
Signature:
Geneva, 12 August 1949
Ratification: Act No. 693 of 30 September
1960
Geneva Convention relative to the Treatment of Prisoners of War (Convention
III)
Signature: Geneva, 12 August 1949
Ratification: Act No. 693 of 30
September 1960
Geneva Convention relative to the Protection of Civilian Persons in Time of
War (Convention IV)
Signature: Geneva, 12 August 1949
Ratification: Act
No. 693 of 30 September 1960
Convention relating to the Status of Refugees
Signature: Geneva, 28
August 1951
Ratification: Act No. 136 of 11 October 1969
Protocol relating to the Status of Refugees
Signature: New
York
Ratification: Act No. 136 of 11 October 1969
- The domestic legislation and procedures in place, including to
determine refugee status and ensure and protect the rights of asylum
seeking and
refugee children, as well as any safeguards established and remedies made
available to the child
973. Paraguay's domestic legislation and
procedures do not specifically establish refugee status. They only provide that
refugees
not in possession of documents qualifying them to remain in the
Republic must have their identity and origin certified by witnesses,
as in the
case of political asylum, until their situation is regularized. It is thus
clear that there is no specific regulation
on refugee children to ensure respect
for their rights. The only applicable provisions are those on the protection of
children contained
in the Constitution, which address all children without
distinction as to nationality. For example, article 54 states:
"The family, society and the State have an obligation to ensure children's
[without specifying Paraguayan, refugee, indigenous, etc.,
so that the term is
understood to be universal and applicable to all children] harmonious and
comprehensive development and the full
exercise of their rights, protecting them
against neglect [...]. In the event of a conflict, the rights of the child
shall prevail".
974. Such is the legislative framework which the State of
Paraguay offers to refugees.
- The protection and humanitarian assistance provided to the child in the
enjoyment of his or her rights set forth in the Convention,
as well as in other
relevant international instruments, including civil rights and freedoms and
economic, social and cultural rights;
- The measures adopted to ensure and protect the rights of the unaccompanied child or of the child accompanied by his or her parents or by any other person, including in relation to temporary and long-term solutions, family tracing and family reunion
975. With regard to measures as such, by Act No. 227/93 the State created
the Secretariat for Conational Returnees and Refugees to
provide guidance and
support during the process of the reintegration in Paraguay of returnees and
their families, who are given assistance
with their resettlement in society and
in productive work.
976. It is estimated that some 1,300 families
returned in 1996; they were attended to by offices in Asunción, Buenos
Aires,
Puerto Falcón and Encarnación.
977. A Returnees Home
was established in 1997 in Itá. The National Housing Council (CONAVI)
found 140 housing units for refugees
in various parts of the
country.
978. In addition, agreements were struck with several
institutions to provide training, financing and other assistance services in
connection with production activities.
- The measures adopted to ensure respect for the general principles of
the Convention, namely non-discrimination, the best interests
of the child,
respect for the views of the child, the right to life, and survival and
development to the maximum extent possible;
- The measures adopted to ensure appropriate dissemination of information
and training on the rights of the child who is a refugee
or is seeking asylum,
particularly to the officials competent in the areas addressed by this
article
979. The Churches' Committee for Emergency Assistance (CIPAE)
uses radio programmes, teaching materials, videos and cassettes to disseminate
every kind of information about the rights of refugees in general. The
Government has no programmes for publicizing such rights.
- The number of asylum seeking and refugee children disaggregated inter alia by age, gender, country of origin, nationality, accompanied or unaccompanied
980. There are no unaccompanied refugee children in Paraguay; all refugee
children are under the protection of family members, who
are responsible for
satisfying the children's needs.
981. Where language is concerned, it
should be noted that refugee children rapidly acquire Spanish and undertake the
instruction of
their parents.
982. The numbers are as follows:
Russian: Two children aged nine and six years. They came to Paraguay
in 1993 with their parents, who were political refugees, victims of
the civil
war in Chechnya.
Vietnamese: Seven boys and nine girls with ages ranging from one to
15 years. They came to Paraguay in 1985 with their parents, who were seeking
political asylum. They are currently living in Alto Paraná.
Iraqi: Two girls and one boy, all aged four, and a six-year-old
boy. They came to Paraguay in 1994 as a result of political pressures
suffered
by their parents during the armed conflict between Iraq and Iran.
Iranian: Two girls and one boy aged 12 and a boy aged 16. They came
to Paraguay in 1984 with their parents, who were being persecuted for
religious
reasons.
Cuban: One boy aged 14. He arrived with his mother in 1989 to join
his father, who was persecuted for belonging to a human rights group
opposed to
the Government of Fidel Castro.
983. The ages mentioned above are current
ages. The Vietnamese children, who were born Paraguay, are likewise regarded as
refugees
and receive CIPAE assistance.
- The number of such children going to school and covered by health
services
984. The children were of school age at the time of their
arrival. After a time they were given help by CIPAE and once they had become
familiar with Spanish, by means of special classes, they were enrolled in
school. Some of them settled in the department of Alto
Paraná and
acquired Paraguayan nationality; others emigrated to Brazil.
985. CIPAE
has knowledge of some children who completed their school studies; one example
is a Vietnamese girl who is currently studying
dentistry in Brazil on a CIPAE
scholarship. CIPAE has this information because these children come to it
seeking help of every kind
and in passing they report on their scholastic
achievements.
986. CIPAE also pays all the costs of health care for
refugees requesting this kind of assistance.
- The number of staff handling refugee children who attended training
courses to understand the Convention on the Rights of the Child
during the
reporting period, classified by type of job
987. The Office of the
United Nations High Commissioner for Refugees (UNHCR) and CIPAE have trained
staff in Paraguay who are kept
constantly up to date by means of national and
international refresher courses. UNHCR has its regional office for South
America
in Buenos Aires.
- Protect and assist the child;
- Trace the parents or other members of the family of any refugee child
in order to obtain information necessary for reunification
with his or her
family.
In cases where no parents or other members of the family can be found,
please indicate the measures adopted to ensure that the child
is accorded the
same protection as any other child permanently or temporarily deprived of his or
her family environment for any reason,
as set forth in the
Convention.
988. CIPAE is the NGO cooperating with UNHCR for the
protection of refugees.
989. Efforts have been made to increase public and
congressional awareness of the need to introduce a refugee protection act to
ensure
that refugees are not regarded merely as foreigners, as under current
legislation.
990. The legal measures to ensure respect for the
rules of international humanitarian law stem from article 137 of the
Constitution, according to which all the international conventions, treaties and
agreements signed and ratified by Paraguay form part of domestic
positive law,
i.e. that they are accorded constitutional status and are therefore strictly
applied.
991. It is not in fact possible to supply any information in
answer to this question and all the other questions on this topic. The
last
armed conflict in which Paraguay was involved occurred in 1932 and 1935 - the
Chaco War with Bolivia. There was a civil revolution
in 1947 which lasted about
six months. There was some guerrilla activity during the military dictatorship
in the 1960s and 1970s.
Some 60 young soldiers were killed during the coup
d'état which overthrew the military dictatorship in February
1989.
992. The instruments of humanitarian law ratified by Paraguay have
been cited above.
993. Article 144 of the Constitution is clear on this
point:
"The Republic of Paraguay renounces war but supports the principle of
legitimate self-defence. This statement is compatible with
Paraguay's rights
and obligations as a Member of the United Nations and of the Organization of
American States or as a party to integration
treaties".
994. Article 145
continues:
"The Republic of Paraguay, on an equal footing with other States, accepts a
supranational legal order which safeguards human rights,
peace, justice,
cooperation and development in political, economic, social and cultural affairs.
This decision may be taken only
by an absolute majority of each Chamber of the
Congress".
995. The Paraguayan State maintains
compulsory military service as a recruitment policy at the other-ranks level in
the armed and
police forces. Under Act No. 569/75 on compulsory military
service all male Paraguayans are obliged after the age of 18 years to
perform
one year's service unless exempted on one of the grounds specified in the
Act.
996. Although the Act establishes 18 years as the minimum age for
performing this service, in practice recruitment takes place earlier
than the
minimum age, sometimes of 14-year-olds. This makes it difficult to specify a
proportion of the population performing compulsory
military
service.
997. To give some idea of this proportion, the 1992 population
and housing census put the figure at 180,173. However, according to
armed
forces and police figures every year some 23,275 young men perform service as
conscripts, but this is presumably an overestimate
of the true number of
conscripts. (Source: NGO publication on human rights in Paraguay,
1996.)
998. The Constitution provides that in the event of a conflict of
rules the rights of the child shall prevail.
999. It can be concluded by
interpretation that although in peace time military recruitment takes place from
age 18, or even 15 in
practice, in the event of hostilities children under 15
will not have to take part.
1000. Article 129 of the Constitution ("On
compulsory military service") states:
"Every male Paraguayan has an obligation to undergo training and to assist
in the armed defence of the Fatherland.
Compulsory military service shall be established for this purpose. The law
shall regulate the conditions for the performance of
this duty.
Military service shall be performed with full dignity and respect for the
person. In peace time it shall not exceed 12 months.
Women shall not perform military service except as auxiliaries, when needed,
during an international armed conflict.
Anyone stating a conscientious objection shall perform service of benefit to
the civilian population through assistance centres designated
by law and under
civil jurisdiction. The regulation and exercise of this right shall not be
punitive in nature or impose heavier
burdens than those established for military
service.
Personal military service not stipulated by law or for the benefit or profit
of private individuals or entities is prohibited.
The law shall regulate the contribution of foreigners to the national
defence".
1001. The Executive has issued a Decree prohibiting the
enlistment of persons aged under 18 years in the armed forces.
1002 On
25 March 1998 the Government made a commitment to the Inter-American Commission
on Human Rights in the case of Victor Hugo
Maciel Alcaraz, a commitment which
will eventually improve the working of the system of compulsory military service
in the following
manner:
1. Cessation of forced recruitment;
2. Cessation of the acceptance of under-18s to perform compulsory military
service except by judicial order. To this end it was
suggested that a joint
awareness-raising campaign should carried out by the Directorate for Military
Recruitment and the Directorate-General
for Human Rights aimed at the public in
general and young men and parents in particular, concerning the importance of
not performing
military service before the age established by
law.
1003. A special section on the armed forces will have to be included
in the national budget to fund the organization and establishment
of a basic and
effective medical examination service for conscripts. It may be possible to
secure international cooperation for
the start-up of this service in order to
cover the expenditure until this new section is included in the
budget.
1004. Since 1996 a number of bills on conscientious objection
have been submitted to the Human Rights Committee and the Constitutional
Affairs
Committee of the Chamber of Deputies. Following lengthy debate, analysis and
study by the Chamber of Senators and by the
lower Chamber a bill was passed on 9
October 1997 as Act No. 1145 and transmitted to the Executive for promulgation.
But the Act
was vetoed in its entirety by Decree No. 19003 of 12 November 1997
and sent back to the Congress.
1005. However, the lack of a piece of
legislation to regulate conscientious objection does not impede the exercise of
this right.
Although there is no specifically established procedure, nothing
prevents a person from applying to the courts for an injunction
protecting his
status of conscientious objector and exempting him from compulsory military
service. The most common means of recourse
are those established in the
Constitution - habeas corpus and unconstitutionality. (Source: NGO
publication on human rights in Paraguay, 1997.)
Source: Own tabulation based on statements made to the Human Rights
Committee and the courts.
* Figures up
to October 1997.
1006. The only known measure is the
commitment made to the Inter-American Commission on Human Rights described
above.
1007. No answer can be given because there are no
relevant measures, criteria or other information.
128. When providing
information on the implementation of the provisions of article 38, please
further indicate the respect ensure
to the general principles of the Convention,
namely non-discrimination, the best interests of the child, respect for the
views of
the child and the right to life, development and survival to the
maximum extent.
1008. Provisions of the Constitution safeguard and
accord precedence to the rights of the child. The application of the general
principles of the Convention has been
described throughout this report. For
more details, please refer to the discussion under general guideline 25 et
seq..
- Promote physical and psychological recovery and social reintegration of
child victims of armed conflicts;
- Ensure that such recovery and reintegration takes place in an
environment which fosters the health, self-respect and dignity of
the
child.
1009. Paraguay has not experienced this situation in the past
50 years. No answer can therefore be given.
130. In this regard,
reports should provide information inter alia on:
- The policies and programmes developed, including at the family and
community levels, to address the physical and psychological
effects of conflicts
on children and to promote their reintegration in society;
- The steps taken to ensure the demobilization of child soldiers and to
prepare them to participate actively and responsibly in society;
- The role played by education and vocational training;
- The surveys and research undertaken;
- The budget allocated for them (at the national, regional, local and
where appropriate at the federal and provincial levels);
- The number of children who received physical and/or psychological
treatment as a consequence of armed conflict.
1010. There are no arrangements for evaluating the
progress and difficulties.
B. Children involved with the system of administration of juvenile justice
1. The administration of juvenile justice (art. 40)
- Consistent with the promotion of the child's sense of dignity and
worth;
- Which reinforces the child's respect for the human rights and
fundamental freedoms of others;
- Which takes into account the child's age and the desirability of
promoting the child's reintegration and the child's assuming a
constructive role
in society;
- Which ensures respect for the general principles of the Convention,
namely non-discrimination, the best interests of the child,
respect for the
views of the child and the right to life, survival and development to the
maximum extent.
1011. These rights are safeguarded by domestic
positive law, from the Constitution through to the Juvenile Code, the Criminal
Code and the Code of Criminal Procedure; the relevant articles are described
throughout
this report.
1012. In order to speed the legislative
procedures, the procedural part of the Juvenile Criminal Justice Bill was
incorporated in
the new Code of Criminal Procedure, approved on 26 May 1998 and
entering into force one year after its promulgation, and the substantive
part
was incorporated in the draft Children's Code.
1013. The following international instruments are
applicable in the administration of juvenile justice:
The United Nations Standard Minimum Rules for the Administration of Juvenile
Justice/The Beijing Rules;
The United Nations Guidelines for the Prevention of Juvenile Delinquency/The
Riyadh Guidelines;
The United Nations Rules for the Protection of Juveniles Deprived of their
Liberty.
1014. The Republic of Paraguay complies partially with these
instruments. To illustrate the point we annex to this report a statistical
study made by the Directorate for Criminal Policy and Criminology of the
Attorney-General's Office, Defence for Children International
and UNICEF, which
underlines the failures to apply the principles contained in these international
instruments.
- No child shall be alleged as, accused of or recognized as having
infringed the penal law by reason of acts or omissions that were
not prohibited
by national or international law at the time they were
committed
1015. Article 14 of the Constitution ("On the
non-retroactivity of the law") states: "No law shall have retroactive effect
except when it is more favourable to the accused
or convicted
party".
1016. Furthermore, article 17.3 ("On procedural rights") states
that "[no one] shall be convicted without first being tried on the
basis of a
law anterior to the facts and no one shall be tried by a special
court".
1017. Article 1 of the Criminal Code, which will enter into force
on 1 November 1998, states:
"No one shall be punished by a court sentence or other measure unless the
grounds for the liability to punishment for the conduct
in question and the
applicable penalty are expressly and strictly described in a current law which
entered into force before the
act or omission forming the basis for the
punishment".
1018. Article 1 of the current Code of Criminal Procedure
states: "Criminal proceedings may not be instituted except with respect
to acts
or omissions characterized as offences by an anterior law" (nullum crimen
sine lege).
1019. Article 1 of the new Code of Criminal Procedure
states:
"No one may be convicted without a prior trial conducted on the basis of a
law anterior to the facts in accordance with the rights
and safeguards contained
in the Constitution, current international law, and the rules of this
Code.
The proceedings shall be conducted in particular in accordance with the
principles of oral, public and prompt hearings, adversary
procedure, economy and
avoidance of delay in the form prescribed by this Code".
1020. In
practice, there have been no cases of children accused of acts or omissions not
addressed by and punishable under an anterior
law.
- Every child alleged as or accused of having infringed the penal law has
at least the following guarantees, indicating, where relevant,
additional
guarantees provided to the child:
- To be presumed innocent until
proven guilty according to law
1021. Article 17.1 of the Constitution
("On procedural rights") states: "In criminal proceedings, or in other
proceedings which may give rise to a conviction or penalty,
everyone has the
right: (1) to be presumed innocent".
1022. Article 4 of the new Code of
Criminal Procedure states:
"The accused shall be presumed innocent and shall be regarded as innocent
throughout the trial until declared guilty in a firm sentence.
No public authority shall present an accused person as guilty or furnish to
the communication media any information about him implying
guilt. Only
objective information about the acts of which the accused person is suspected
shall be permitted once the trial has
begun. The court shall restrict the
participation of the communication media if widespread publicity may prejudice
the normal conduct
of the trial or exceed the limits of the right to obtain
information".
1023. There is no record of a failure to presume innocence
before testing the accused's guilt. But pre-trial detention is not an
exceptional occurrence but rather a widespread and continuing
practice.
1024. Children are usually arrested before their innocence or
guilt is investigated. Most of the children detained in prison have
not been
convicted by a court, and they may even be released following a denial by
compurgation without knowing whether they are
innocent or guilty of the offence
alleged against them.
- To be informed promptly (indicating any time-limit fixed by law) and
directly of the charges against him or her and, if appropriate,
through his or
her legal guardians, and to have legal or other appropriate assistance in the
preparation and presentation of his
or her defence; in this regard, please
indicate what other appropriate assistance may be made available to the
child
1025. Article 17 of the Constitution ("On procedural rights")
states:
"[Everyone] may conduct his own defence or be assisted by defence counsel of
his choice:
(6) [...] the State shall provide him with a defence counsel free of charge
if he does not have the economic means to pay for counsel;
(7) [...] he shall be informed of the charge in detail before the trial and
shall be provided with the necessary copies, means and
time for the preparation
of his defence under conditions of free communication".
1026. In
addition, article 296 of the Juvenile Code states:
"Once the proceedings have begun, the judge shall hear a statement from the
child on the charge brought against him, together with
any depositions on
aspects of his personality which may have influenced his
conduct".
1027. In order to obtain a picture of the true situation of
Paraguayan children in conflict with the law, statistical data are included
here
on the national total of under-18s deprived of their liberty, as supplied by the
judicial departments of the prisons and collected
by the Directorate for
Criminal Policy and Criminology from December 1997 to April
1998.
1028. All the data on this topic, throughout the report, are taken
from the research carried out by these judicial departments.
1029. Out of
a total of 87 children interviewed, 24 answered "yes" and 54 answered "no" when
asked whether they had been informed
of the grounds for their detention; nine
did not know. Twelve answered "yes" and 59 "no" when asked whether their
families had been
informed immediately. Seven answered "yes" and 75 "no" when
asked whether they had been informed of their right to be assisted by
counsel;
five did not know. And four answered "yes" and 77 "no" when asked whether they
had been informed of their right to remain
silent; six did not
know.
1030. To sum up, legislation does exist but it is not fully
applied.
- To have the matter determined without delay (indicating any time-limit
fixed by law) by a competent, independent and impartial
authority or judicial
body in a fair hearing according to law, in the presence of legal or other
appropriate assistance (indicating
what other appropriate assistance may be made
available to the child) and, unless it is considered not to be in the best
interests
of the child, in particular taking into account his or her age or
situation, in the presence of his or her parents or legal
guardians
1031. The Juvenile Code states:
"Article 297. The investigation of crimes, misdemeanours and other wrongful
conduct attributed to juveniles shall be completed within
a peremptory period of
30 days, during which the judge shall gather all information pertaining to the
facts and take all the procedural
steps proposed by the parties, provided that
he does not deem them unnecessary.
Article 299. The duration of the period for submission of evidence shall be
indicated by the judge in each case in accordance with
the needs of the
investigation.
Article 300. If the investigation is not completed within the period of 30
days specified in article 297, the judge shall communicate
this fact
immediately to the Supreme Court of Justice, informing it of the reasons for the
delay, and he shall terminate the proceedings
within a period not exceeding 15
days.
Article 301. Courts shall hand down their decisions within 10 days of the
date of termination.
Article 302. Special appeals and annulment appeals may lodged against
decisions within three days. Appeals shall always be granted
only with
devolutive effect.
Article 304. The following persons shall participate in the proceedings:
the representative of the Public Prosecutor, the counsel
assisting the juvenile
at his request or at the request of his parents, guardians or foster parents,
who may also attend if the judge
deems it appropriate, and the assistant
inspector responsible for the juvenile.
Article 305. The judge shall ensure that a juvenile may make any statements
he may wish in his defence or in explanation of the
facts, and that the
necessary steps shall be taken immediately to verify such statements, provided
that the judge deems such steps
pertinent.
Article 310. The judge shall caution [any person] who does not behave
during a hearing in a manner consistent with the nature of
the proceedings. If
the offence is repeated, following the same procedure the judge may exclude the
person from the hearing, without
prejudice to the disciplinary measures provided
by law".
1032. The current Code of Criminal Procedure contains articles
applicable to the general population, while article 427 of the new
Code refers
to juvenile proceedings in the following language:
"Special rules. In the investigation and prosecution of punishable offences
when a person aged between 14 and 20 years inclusive
is alleged to be a
perpetrator or participant, the proceedings shall be conducted in accordance
with the Constitution, current international law, and the ordinary rules
contained in this Code, and in particular in accordance with the rules set out
below.
1. Purpose of the prosecution and investigation. The purpose of the
prosecution of a juvenile is to verify the existence of an
act or omission
deemed to be an offence or crime in ordinary criminal law, to identify the
perpetrators or participants, and to order
the application of the corresponding
measures.
2. Verification of age. The age of a juvenile shall be verified from his
birth certificate, but in the absence of this certificate
the juvenile criminal
court shall rule on the basis of an expert opinion given by an accredited
forensic doctor or by two doctors
exercising their profession. A forensic
psychologist shall also participate in the expert examination and add his
conclusions to
the opinion. The opinion must be reached and delivered within a
period not exceeding 72 hours from the notification of the order
calling for an
expert opinion.
3. Statement by the juvenile. The juvenile shall be interviewed by his
counsel before the hearing. The juvenile's statement shall
be made before the
judge and in the presence of the officially appointed defence counsel or
personal defence counsel, if any; the
competent prosecutor may make a statement.
No juvenile shall be questioned by police authorities about his involvement in
the facts
under investigation. Failure to observe this provision shall entail
the nullity of the proceedings.
4. Detention and release. A juvenile may be kept in pre-trial detention
only when he was caught in flagrante delicto or pursuant to a written
judicial order.
Immediate decision on liberty. When a juvenile caught in flagrante
delicto is brought before a judge, the judge shall immediately rule on his
detention or release or order the application of some provisional
measure if
necessary, without prejudice to the continuation of the investigation by the
Public Prosecutor.
Provisional measures. On the basis of the details of the investigation
and following the statement by the juvenile, the judge
shall decide whether any
provisional measure should be imposed.
5. Participating bodies. The jurisdictional organs and the public
prosecution and defence agencies participating in these proceedings
shall be
those having the corresponding competence and jurisdiction and they shall appear
in accordance with the rules established
by this Code for the organs
created.
6. Form of trial. The trial shall take place behind closed doors except
when the accused or his legal representative require it
to be held in
public.
7. Participation of parents or other parties having a legitimate interest.
The juvenile's parents or persons who have had him in
their care, foster care or
guardianship may attend the court and take part in the juvenile's
defence.
8. Social/environmental investigation. An investigation of the juvenile
shall be conducted under the direction of an expert, who
shall report during the
proceedings.
9. Compulsory separation. The separation of the proceedings provided for
in this Code shall be compulsory.
1033. The statistics indicate that in
only 29 of the 87 cases (33%) examined in this study did the police authorities
in fact observe
the legal requirement to bring the detainee before a judge
within the time-limit of 24 hours; in 54 cases (62%) the detainees were
brought
before a judge after expiry of the time-limit; in 38 cases (44%) they were not
given access to the judicial system until
the week following their arrest; and
in none of the cases was there a conviction or acquittal during the period of
the study. The
reasons for these delays are not yet known, but some
possibilities have been discussed - such as police ignorance and negligence
or
complicity on the part of prosecutors, judges or counsel.
1034. These
failures violate articles of the Constitution, the Code of Criminal Procedure,
the National Police Act (No. 222), the Beijing Rules, and the United Nations
Rules for the Protection
of Juveniles Deprived of their Liberty, as well as
express provisions of the Juvenile Code.
- Not to be compelled to give testimony or to confess guilt; to examine
or have examined adverse witnesses and to obtain the participation
and
examination of witnesses on his or her behalf under conditions of
equality
1035. Article 18 of the Constitution ("On restriction of
statements") states:
"No one shall be obliged to make a statement against himself or herself,
against his or her spouse or the person with whom he or
she is united by a de
facto marriage, or against his or her relatives within the fourth degree of
consanguinity or second degree
of affinity inclusive.
The unlawful acts or the disgrace of the accused shall not affect their
relatives or persons close to them".
1036. Article 233 of the Code of
Criminal Procedure ("On admissibility of testimony") states:
"The judge in the pre-trial proceedings shall accept statements from any
person indicated by those participating in the proceedings
or who believes
himself to have knowledge of the facts which are being investigated or
verified.
If any of the witnesses expressly indicated is not heard, the grounds or
reason for the omission shall be recorded".
1037. Article 236 ("On the
capacity to make statements"), which establishes 14 years as the minimum age for
making statements, reads:
"Evidence may be given by any person who, being in
full possession of his mental faculties, has knowledge of the facts giving rise
to the proceedings and is not barred by a legal
prohibition".
1038. Article 203 of the new Code of Criminal Procedure
states: "All persons shall be obliged to comply with a judicial summons and
declare the truth of whatever knowledge they may have and to be questioned about
it, except in the special cases established by law".
1039. Article 205
states: "Children aged under 14 years and therefore of de facto incapacity may
refrain from making statements and
may make their decision known through a legal
representative".
1040. This Code does not establish an age from which
testimony may be given, referring instead to "All persons". This would imply
that children aged under 14 years may be permitted to testify, depending on
their degree of maturity. Furthermore, under article
205 such children are
entitled to refrain from testifying.
1041. Article 305 of the Juvenile
Code states:
"The court shall ensure that a juvenile may make any statements he may wish
in his defence or in explanation of the facts, and that
the necessary steps
shall be taken immediately to verify such statements, provided that the court
deems such steps pertinent".
1042. There have not been any cases in which
children have been obliged to confess their guilt; they may call witnesses but
the questioning
is conducted by the judges.
1043. It may be pointed out
for purposes of illustration that the study mentioned above of the time elapsed
between the submission
of a case to a judge and date of the accused's statement
to the judge (judicial delay) produced the following results: 23 of the
87
juveniles (27%) under prosecution (i.e. a minority of them) had their statement
set for a date within 48 hours of the time when
they were brought before a judge
by the police authorities. Nineteen (22%) had to wait a week, 22 (26%) a month,
and 16 (18%) more
than a month; in three cases (3%) no date was set; and in a
further three cases there were no pre-trial examination proceedings.
These
omissions violate article 12.5 of the Constitution, which stipulates the right
of all persons to be brought before a competent judge within 24 hours in order
that the judge may make
the necessary legal dispositions. They also violate
articles of the Juvenile Code, the Code of Criminal Procedure, the Convention
on
the Rights of the Child, the Beijing Rules, and the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty.
- If considered to have infringed the penal law, to have this decision
and any measures imposed in consequence thereof reviewed by
a higher competent,
independent and impartial authority or judicial body according to
law
1044. Article 16 of the Constitution ("On defence in a court of
law") states:
"The right of all persons to defend themselves and their rights in a court
of law is inviolable. Everyone has the right to be tried
by competent,
independent and impartial courts and tribunals".
1045. Article 2 of the
current Code of Criminal Procedure states:
"Nobody shall be tried by special courts. The power to apply the law in
criminal cases and to hand down and enforce sentences rests
exclusively with the
corresponding ordinary courts and tribunals".
1046. Article 3 of the new
Code states:
"The courts shall be independent and act without any outside interference,
in particular interference by the other elements of the
Judiciary or the other
powers of the State.
In the event of interference in the exercise of its functions, a court shall
report the facts affecting its independence to the Supreme
Court of Justice. If
the interference comes from the Supreme Court itself or from one of its judges
the report shall be sent to
the Chamber of Deputies.
In reaching their decisions the courts shall assess the circumstances either
favourable or prejudicial to the accused with absolute
impartiality".
1047. It is unlikely that there is any effective control
of the actions of the courts. Cases are never referred a higher court as
a
result of ordinary appeal proceedings because no rulings to that effect are
made.
1048. Nor can there be any control during the proceedings because
the defence provided by counsel - which is free - is inefficient
and
intermittent.
- To have the free assistance of an interpreter if the child cannot
understand or speak the language used
1049. Article 12.4 of the
Constitution states that "[all arrested persons] shall be provided with an
interpreter if necessary".
1050. Article 209 of the current Code of
Criminal Procedure states:
"Translator: language expert. If the accused does not understand the
national language, he shall be examined through an interpreter,
who shall swear
on oath that he will perform his functions faithfully and well.
The interpreter shall be appointed from among the persons qualified as such
if any are to be found in the place where the statement
is taken. Failing that,
an expert in the language in question shall be appointed".
1051. Article
7 of the new Code states:
"The accused is entitled to an interpreter to assist him with his defence.
If the accused does not understand the official languages
and does not exercise
his entitlement to an interpreter, the court shall appoint an interpreter on its
own motion in accordance with
the rules established for the appointment of
public defence counsel".
1052. According to the findings of the study
already cited above, three of the 87 adolescents (3.4%) were Indians and,
although needing
interpretation because they could not speak Spanish, did not
have an interpreter in attendance at the time of their pre-trial statements,
while in two other cases (an Indian and a Brazilian) this right was exercised
and the legal advantage enjoyed.
- To have his or her privacy
respected at all stages of the proceedings.
1053. The Juvenile Code
does not refer expressly to this right. But it does state in article 304:
"The following persons shall participate in the proceedings: the
representative of the Public Prosecutor, the counsel assisting the
juvenile at
his request or at the request of his parents, guardians or foster parents, who
may also attend if the court deems it
appropriate, and the assistant inspector
responsible for the juvenile".
1054. However, the last paragraph of
article 4 of the new Code of Criminal Procedure states:
"No public authority shall present an accused person as guilty or furnish to
the communication media any information about him implying
guilt. Only
objective information about the acts of which the accused person is suspected
shall be permitted once the trial has
begun. The court shall restrict the
participation of the communication media if widespread publicity may prejudice
the normal conduct
of the trial or exceed the limits of the right to obtain
information".
1055. Paragraph 6 of article 427 of the new Code, relating
to the procedure for children, states that the hearing shall be held behind
closed doors unless the accused or his legal representative require the hearings
to be public.
1056. This principle is respected only in part, for in
cases of juveniles in conflict with the justice system some if not most of
the
members of the press go to the scene of the facts to extract information. They
take full-face photographs of alleged juvenile
delinquents and publish their
names as well; the result is that such children are usually found guilty by
unscrupulous journalists
even before the examining judge has begun the
preliminary proceedings. The press is clearly unaware of the need to respect
privacy
and it is even less aware of the higher interests of the child.
Although this situation is common, to date no media agency has had
its attention
drawn to it or been warned by the governmental authorities.
1057. The
overcrowded conditions in which juveniles live in the prisons constitutes a
further violation of this right.
- The establishment of a minimum age below which children shall be
presumed not to have the capacity to infringe the penal
law
1058. Article 219 of the Juvenile Code states:
"Children aged under 14 years may not be charged with offences. This means
that if they are alleged to have committed an offence
they may not be prosecuted
and punished by the ordinary courts. All such cases shall be dealt with by the
juvenile courts, and the
rules established in this Code shall
apply".
1059. According to information taken from the document "Juveniles
in conflict with the law: approach to their problems in connection
with the
police, the courts, and deprivation of liberty, under political conditions of a
transition to democracy" (report of an exploratory
investigation based on field
work by Gloria Franco Pérez and a team from the Office of the Public
Prosecutor, the Directorate
for Criminal Policy and Criminology, UNICEF and the
NGO Defence for Children International, June 1998, in Spanish only). The
following
findings may be cited: three of the children interviewed (aged between
14 and 16) were undergoing disciplinary correction; 11 children
aged 14 at the
time of the study were involved in criminal proceedings; three of the children
were barely 13 years old, i.e. under
article 219 of the Juvenile Code they could
not be prosecuted; and eight children had reached the age of 14. This was a
clear violation
of article 294 of the Juvenile Code, which stipulates that
preventive detention shall not be imposed on children under 14.
1060. In
the criminal cases 21 of the children interviewed were 15 years old, 11 were 16,
and 23 were 17. This means that 55 (61%)
were technically juveniles and had not
reached the age of majority.
1061. In the other 21 cases (the remaining
23.3%) the age distribution was as follows: 18 years - 12; 19 years - six;
and 20 years
- three. The most dangerous ages were therefore 15 (21 cases), 16
(13 cases) and 17 (23 cases), which together with the 12 eighteen-year-olds
makes a total of 69 cases (77%).
- Measures taken for dealing with such children without resorting to
judicial proceedings, and to ensure that in such cases human
rights and legal
safeguards are fully respected, indicating the situations in which such a system
applies and relevant procedures
established for that
purpose
1062. Article 232 of the Juvenile Code deals with children
(such as abandoned children and children in danger) who cannot be prosecuted.
It states:
"The juvenile correctional court may order the following
measures:
(a) Return of the child to his parents, guardians or foster
parents with a caution;
(b) Return of the child to his parents, guardians or foster parents, or to
other legally responsible persons or to third parties
under the supervision of
an assistant inspector;
(c) Placement of the child to the care of a some other person so that he
may continue to live in a family; special attention must
be paid to ensuring
that the person in question satisfies the requirements of honesty, good habits,
and capacity to manage the child's
upbringing;
(d) Placement of children aged at least 12 years for a period of not more
than two years in a special re-education establishment
or in some other
institution deemed suitable for the child;
(e) Revocation or modification of any of the measures ordered if such
action is deemed best for the child.
1063. Generally speaking, however,
measures other than deprivation of liberty are not applied.
1064. Article
51 of the draft Children's Code states:
"Measures for the protection of children shall be taken whenever their
recognized rights are threatened or violated (a) by an act
or omission of
society or the State, (b) by a failure, omission or abuse on the part of the
parents or legally responsible guardians
or by reason of their
conduct".
1065. Article 52 refers to the measures to be taken, separately
or jointly: (a) warnings to the persons responsible for a child in
the form of
declarations of responsibility; (b) temporary counselling, support and
monitoring of the child and his family; (c) requests
for medical, psychological
or psychiatric treatment on an in-patient basis, for treatment of drug or
alcohol abuse, for a foster
family, or for institutional care. The latter
measure is one of a provisional and exceptional nature under which a child is
placed
in an institution for his care and support. It is provisional until the
child is placed in a foster family and in no circumstances
does it imply the
loss or restriction of the child's liberty.
1066. The Juvenile Code has a
section on probation. Its articles 244 to 249 state:
"If the correctional court deems fit, it may make a probation order in
respect of children coming under its jurisdiction as a result
of the commission
of offences established and punishable by law.
The probation system shall be operated by assistant inspectors.
Children placed on probation may not leave the national territory without
the authorization of the court which made the order.
If a child subject to a probation order has to change his residence within
the national territory, his parents, guardians, foster
parents or other legally
responsible persons shall so inform the court which made the order, so that the
same arrangement may be
continued at the new residence.
The continued supervision under a probation order of a child who has changed
his residence shall be effected by an assistant inspector
or, if this not
possible, by a justice of the peace, who shall be authorized to supervise the
child or to designate persons whom
he deems suitable for this purpose.
During the period of probation the court, by a motion not subject to appeal,
shall take the necessary steps and instruct the inspectors
to monitor the
conduct of the children in question, without prejudice to the inspectors' duty
to work on their own initiative".
1067. The probation system is operated
by assistant inspectors, who must, in the terms of article 250:
"(a) Visit the children in their homes at appropriate intervals in order to
ascertain their conduct and education, the circumstances
of the environment in
which they are living, and the fulfilment of the duties of assistance and
protection by the parents, guardians
or foster parents;
(b) Carry out the necessary investigations to obtain information about a
child's conduct and about his family. Persons questioned
by an inspector are
obliged to supply truthful information, subject to a fine of 15 to 30 days'
minimum wages; and
(c) Check for any circumstance which may place the child in moral or
physical danger and, if urgent action is needed, immediately
inform the
court".
1068. The measures stipulated in the current Juvenile Code are
not applied in practice.
1069. Paragraphs (g) and (h) of article 52 of
the draft Children's Code ("On measures to be applied") refers to fostering or
institutional
care for children whose rights are threatened or violated, under
article 51, by an act or omission of society or the State or of
their
parents or legally responsible guardians or by their
conduct.
1070. Article 53 states: "The measures envisaged in the
preceding article may be applied separately or jointly or replaced by each
other
at any time in the light of the best interests of the
child".
1071. Article 54 states:
"Institutional care is a provisional and exceptional measure under which a
child is placed in an institution for his care and support
in order to ensure
that he receives proper attention. This measure is applied provisionally until
the child is placed in a foster
family and in no circumstance does it imply the
loss or restriction of the child's liberty".
1072. According to the
findings of the study referred to earlier (Gloria Franco Pérez), there
have been cases of children who,
by reason of the type of offence committed,
should not be subjected to judicial proceedings. However, children were found
"placed"
in several detention centres without anyone being able to explain the
significance of this measure. There were other cases of children
charged with
"running away from home", one case of an 11-year-old "placed" by court order
because his mother maltreated him; this
child did not attend lessons. There
were also cases of children required to work in the homes of prison staff. For
further details
see the annex of the document (p. 10).
1073. Again
according to this study, education facilities consisted of workshops, classrooms
and plots for cultivation. Only nine
of the detention facilities had education
services for inmates, and five did not have any educational activities or
facilities.
Two of them had one educational facility, four had two facilities,
two had three facilities, and only one had four.
1074. There was a
general educational deficit, so that it was difficult to arrange the best of
leisure and training activities. Out
of the nine detention centres with
educational facilities, nine had classrooms, six had workshops, and four had
plots for cultivation.
1075. The other facilities available to detained
children included:
Food: most of the detention centres (nine) had a dining room and
kitchen, and a further four had only a kitchen; in total, 13 had kitchens,
and
one had other facilities. Most of the centres served breakfast, lunch and
supper. Three of them also served afternoon tea,
and only one served just
breakfast and lunch.
Rest: all the centres had dormitories, most of them in good and the
others in average condition, in the opinion of the researchers.
Leisure: six of the centres had gardens and most (11) had sports
grounds. Only two had neither of these facilities, and there was no information
about one of the centres.
Cells: Most (11) of the centres did not have individual cells; one
used individual cells occasionally, and two all the time.
1076. Half of
the detention centres had no selection criteria for placing prisoners in cells;
three usually and only three always
applied such criteria.
1077. Ten of
the centres had staff with very good or acceptable qualifications. All had
staff of university and baccalaureate standard.
Five had staff with technical
education, six with basic, and seven with primary.
1078. There was a
marked deficit in staff training. Half (seven) of the centres had no training
programmes, four ran such programmes
occasionally, and only three
permanently.
1079. One centre had no arrangements for assessing staff
performance, for two there was no information, five made internal assessments,
and one combined internal with external assessments.
1080. An
investigation of the country's various prisons conducted by the
Directorate-General for Human Rights of the Ministry of Justice
and Labour
produced the following conclusions:
(a) One of the causes of prison overcrowding and one of the major sources
of injustice in Paraguay's penal system is the slowness
of judicial
proceedings;
(b) The overcrowding is compounded by the infrastructural deficiencies of
the prisons, which make even a minimum of separation of
convicted prisoners,
prisoners awaiting trial, adults and juveniles impossible;
(c) The prison staff deficit, in terms both of quality (specific penal
training) and of numbers.
1081. In view of this situation the Ministry of
Justice and Labour, on the initiative of the Directorate-General for Human
Rights,
made an analysis of Paraguay's prisons (to be presented to international
cooperation agencies) in conjunction with experts from Madrid's
Carlos III
University in order to devise strategies for prison reform and then to formulate
policies and measures to improve prison
administration. For more details see
the annexed report "Estrategia para una reforma penitenciaria en
Paraguay" (Strategy for prison reform in Paraguay).
1082. According to the 1996 report of the Public
Prosecutor's Office, training was provided for judiciary and other personnel on
the
following topics of juvenile criminal justice:
Conference on "Imprisonment as a tool of criminal policy: balance and
prospects", 12 May 1995;
Conference on "Introduction to criminal law applicable to children and young
people", 16, 19 and 20 June 1995;
"Young people in conflict with the law and protection of privacy", 7
September 1995;
"Administration of justice from the gender standpoint". Panel debate with
the Secretariat for Women, 12 October 1995;
"Young people in conflict with the law". Awareness meetings held with
UNICEF support in Coronel Oviedo, Pedro Juan Caballero, Encarnación
and
Caaguazú, October-December 1995;
"Prison situation in Paraguay", an event organized by the Paraguayan
Foundation for Reform of the State, the Institute for Comparative
Studies in the
Penal and Social Sciences and USAID, 17 December 1996.
1083. Neither
immigration officials nor prison staff have any knowledge of the Convention or
of other international instruments relating
to children.
1084. However,
judges do invoke, in addition to provisions of the Convention, the Beijing
Rules, the United Nations Rules for the
Protection of Juveniles Deprived of
their Liberty, and the Riyadh Guidelines.
1085. Both the progress and the difficulties have
already been described in earlier sections by reference to the study on children
in conflict with the justice system.
- No child is deprived of his or her
liberty unlawfully or arbitrarily
1086. Article 12 of the
Constitution states:
"No one shall be detained without a warrant in writing from a competent
authority, unless he is caught in flagrante delicto and the offence in
question carries a prison sentence. Everyone has the right:
1. To be informed at the time of the grounds for his detention and of his
right to remain silent and to be assisted by a counsel
whom he trusts. The
authority making the arrest must produce the written warrant.
2. To have his family members or other persons indicated by him immediately
informed of his arrest.
3. To be allowed free communication unless, by way of exception, he is held
incommunicado by order of a competent judicial authority.
Such an order shall
not apply to his defence counsel and in no case may it exceed the period
prescribed by law.
4. To have an interpreter, if necessary;
5. To be brought before a competent judge within 24 hours of his arrest so
that the judge may make the appropriate legal
dispositions".
1087. Article 427.4 of the new Code of Criminal Procedure
states:
"A juvenile may be kept in pre-trial detention only when he was caught in
flagrante delicto or by virtue of a written judicial order. When a juvenile
caught in flagrante delicto is brought before a judge, the judge shall
immediately rule on his detention or release or order the application of some
provisional
measure if necessary, without prejudice to the continuation of the
investigation by the Public Prosecutor. On the basis of the details
of the
investigation and following the statement by the juvenile, the judge shall
decide whether any provisional measure should be
imposed".
1088. With
regard to statistics on the exercise of these rights, reference is made to the
document cited earlier, from which the following
points can be
inferred.
1089. With regard to detention before or during the pre-trial
proceedings or as a result of in flagrante arrest, 56 of the 87 cases
involved arrest or detention without a judicial order (i.e. no preliminary
proceedings had been conducted
by an examining magistrate) and none of the
persons concerned had been caught in flagrante delicto; accordingly, the
arrest or detention was arbitrary. This situation obtained in no fewer than
64.36% of the cases examined, and
it must be borne in mind that the study
covered juveniles of both sexes. In only 17 of the cases (19.54%) did the
detention begin
after preliminary proceedings, and 14 of the cases (16.1%)
involved in flagrante arrest.
1090. The grounds for detention were
as follows: 39 cases of offences against property, eight against physical
integrity, six against
life and property, and three "in a state of danger" (no
statement of grounds); one case of cocaine possession and dealing; four cases
of
offences against public decency; and three cases of offences against physical
integrity and property.
1091. The statistics refer only to juveniles
deprived of their liberty on criminal grounds; the cases involving non-criminal
grounds
offer the most serious examples of illegal or arbitrary deprivation of
liberty, especially the cases involving "disciplinary measures",
in which not
even the judges play a role.
- The arrest, detention or imprisonment of a child is in conformity with
the law and is used only as a measure of last resort and
for the shortest
appropriate period of time
1092. The Juvenile Code does not contain a
provision specifically safeguarding this right, but article 294
states:
"Pre-trial detention shall not be imposed on children under the age of 14
years, who shall remain in the custody of their parents,
guardians or foster
parents unless they are in a physical or moral danger. In the latter case the
judge may order them to be placed
in an establishment intended for the care of
children or in the custody of other persons, whether or not
relations".
1093. Article 427.4 of the Code of Criminal Procedure, as
mentioned in the preceding section, stipulates that a juvenile shall be
deprived
of his liberty before trial only by a written judicial order or if caught in
flagrante delicto.
1094. According to the data contained in the
document produced by the Directorate for Criminal Policy and Criminology,
referred to
repeatedly above, a comparative study of compliance with the United
Nations Rules for the Protection of Juveniles Deprived of their
Liberty shows
that:
1095. Paraguay is one of the countries holding the most prisoners
without trial, but it has few convicted juveniles in its prisons
because most of
the detained juveniles are in pre-trial detention; this implies that pre-trial
detention is used not as an exception
but as the rule.
- The general principles of the Convention are respected, namely
non-discrimination, the best interests of the child, respect for
the views of
the child, the right to life, and survival and development to the maximum extent
possible.
1096. The report is clear throughout on this point: little
or no attention is paid to the general provisions of the Convention.
1097. The alternatives to deprivation of liberty
include placement with a family. Article 252 of the Juvenile Code
states:
"A juvenile judge may order family placement if the child is in a state of
abandonment or danger or is exhibiting irregular behaviour
and his parents
cannot offer sufficient safeguards of his supervision, care and
correction".
The Code also regulates probation and supervision, as
discussed under guideline 135 above.
1098. The draft Children's Code
establishes specific protection measures such as institutional care, which is a
provisional and exceptional
measure under which a juvenile is placed in an
institution intended for the care and support of children so that he will
receive
proper attention. This measure may be imposed provisionally until the
juvenile is placed in a foster family and under no circumstances
does it imply
the loss or restriction of his liberty.
1099. The statistics on children
who are not subject to prosecution but are being held in detention are discussed
above under section
135. There is no information, other than the data given
under section 135, about the frequency of the use of alternatives to deprivation
of liberty.
- Prevent the deprivation of liberty of children, including through
arrest, detention and imprisonment, inter alia in relation to asylum
seekers and refugees
1100. Article 484 of the Code of Criminal
Procedure provides that sentences of deprivation of liberty for a specific
period must state
expressly that the sentence shall run from the day on which
the convicted person was detained.
1101. In cases of suspension from
functions the sentence shall also run from the day on which the convicted person
was suspended from
his post.
1102. Article 402 of the new Code of
Criminal Procedure states:
"The sentence shall state precisely the corresponding penalties and, where
necessary, shall order the suspension of the sentence
and the obligations which
the convicted person must fulfil.
It shall specify the date on which the sentence ends, according to the
case.
It shall also specify the time-limit by which a fine must be paid; whenever
possible, sentences and penalties shall be combined.
The sentence shall also contain a ruling on costs and on the delivery of
confiscated items to the person whom the court deems has
the best entitlement to
their possession, without prejudice to proceedings in the civil courts. It
shall rule on the confiscation
and destruction envisaged in the law and shall
transmit a copy of this ruling to the public institution with which the
convicted
person must deal in such matters and to the Supreme Court of Electoral
Justice".
1103. Indeterminate sentences are available and are imposed for
the so-called "state of danger and other grounds".
- Monitor the situation of the children concerned, including through an
independent mechanism
1104. The legislation does not provide for the
monitoring of the children concerned, but the Directorate-General for Human
Rights
intends to sign an agreement, at the request of the Inter-American
Commission on Human Rights, with the American University and the
law faculty of
Nuestra Señora de la Asunción Catholic University for students in
the last year of the law course to
give legal assistance to extremely poor
children in the Coronel Panchito López reformatory, with the award of a
two-month
stay at the American University for the most outstanding
students.
1105. The Directorate-General has carried out this kind of
monitoring, to the extent possible; in March this year it visited all the
prisons in the eastern region of the country in order to ascertain the situation
of the prisoners and to make recommendations to
the prison governors based on
the principles contained in international instruments such as the United Nations
Rules for the Protection
of Juveniles Deprived of their Liberty. It must be
pointed out that the intended beneficiaries have absolutely no knowledge of such
rules.
- Monitor progress, identify difficulties and set goals for the
future.
1106. One of the age-old difficulties in prisons is the lack
of funds to provide better facilities; another is the absence of comprehensive
rehabilitation programmes. The education provided amounts to one basic literacy
programme and instruction in a number of occupations.
There is no programme for
social reintegration or for finding decent jobs, and there is no post-release
supervision to prevent recidivism.
1107. Details of
the number of children deprived of their liberty unlawfully or arbitrarily have
been given above. There follows
a list of numbers of inmates by prison supplied
by the governors of the prisons visited by the Directorate-General for Human
Rights.
Further data could not be obtained because the prisons did not have any
to offer.
Casa del Buen Pastor women's reformatory: 35 young women aged 14 to
19 with few resources and from poor social backgrounds; 70% from rural and 30%
from urban areas.
Ciudad del Este regional prison: 73 Paraguayan juveniles and six
Brazilians and nine Indians.
Juana María de Lara regional prison (Ciudad del Este): seven
female juveniles.
Coronel Oviedo regional prison: 18 male
juveniles and four young women.
Misiones regional prison: three
young men.
Villarica regional prison: seven young
men.
Coronel Panchito López juvenile reformatory: 302
juveniles aged 14 to 19.
1108. The commonest reasons for detention are
robbery and murder, bodily harm, drug possession and dealing, rape, cattle
rustling,
death threats, domestic abuse, and armed assault. The other reasons
for detention are covered by the category "Children in a state
of danger and/or
abandoned children".
142. Please indicate the legislative and other
measures adopted pursuant to article 37 (c) to ensure that any child
deprived of liberty
is treated:
- With humanity and respect for the inherent humanity of the human
person;
- In a manner which takes into account the needs of
persons of his or her age.
1109. These rights have already been
discussed under general guideline 132.
- The child deprived of liberty is separated from adults unless it is
considered in the best interests of the child not to do
so
1110. Article 295 of the Juvenile Code states: "Police officers
and institutions of detention are prohibited from allowing contact
between
juveniles and adults".
1111. Data on the housing of prisoners taken from
the study cited earlier show (a) that hardly any of the detention centres
separated
persons awaiting trial from convicted prisoners and (b) that,
according to the first-hand observation of the Directorate-General
for Human
Rights, some of them did not keep juveniles separate from
adults.
1112. The conclusions on the degree of compliance with the Riyadh
Guidelines are (a) that most of the detention centres did not keep
convicted
prisoners separate from other inmates (93%) and (b) that most of them did not
house juvenile inmates separately (78.6%).
- The child has the right to maintain contact with his or her family
through correspondence and visits (indicating the number of
such contacts), save
in exceptional circumstances, those circumstances being specified in the
report
1113. According to the study, 80% of the children are visited
by family members, although most of the visits do not take place with
the
prescribed frequency (Tuesday, Thursday and Saturday) but only once a week, once
a fortnight or once a month.
1114. Twenty-five per cent of the children
receive no visits. The reason is that most of their parents and other family
members live
far away and are poor, so that they cannot make frequent visits.
Many of them are not informed about their children's whereabouts,
and others
simply prefer to avoid contact with the prison.
1115. With regard to
contacts between prison staff and inmates' families, none of the detention
centres had a system of open access,
this being understood to refer to centres
having few or no security measures. In fact almost all of them (13) had a
system of closed
supervision, and only one (Instituto del Mañana) had a
mixed system.
1116. Half of the detention centres had no systematic
arrangements for contacts between prison staff and families. Six of those which
did have such arrangements made weekly contact, and one monthly. Four of the
detention centres maintained contacts with the family
for the purpose of
obtaining information about children and their families, and three of them did
so for treatment purposes. Ten
indicated other purposes, such as getting to
know the family, assistance and maintenance of family links, informing the
family about
their child's legal situation, and persuading the family to
cooperate in the child's adaptation to the institution and his social
reintegration following release.
1117. In four of the centres the
contacts with the family took the form of home visits, in one the radio was
used, and in seven the
telephone; eight of them took advantage of visits by
family members, and one (Instituto del Mañana) arranged working meetings
with family members.
1118. With regard to discipline and family contacts,
half of the centres used sanctions not recommended by the United Nations: eight
(57.1%) resorted to suspension of visiting rights.
- The conditions in institutions in which children are placed are
supervised and monitored, including by an independent
mechanism
1119. This point has already been covered under guideline
140: these institutions are not subject to any kind of supervision, and
attention is drawn to the work of the Directorate-General for Human Rights in
this connection.
- Complaint procedures are made available to the
child
1120. According to the study conducted on the basis of
interviews, in all the detention centres the governors were willing to see
inmates wishing to make a complaint or request, but there were no systematic or
organized complaint procedures or alternative arrangements.
1121. Most of
the centres (nine) did not have any written regulations, and children were
informed about the disciplinary system orally.
Nor were they given copies of
the list of authorities with which they could lodge complaints or of the public
and private bodies
from which they were permitted to obtain legal
aid.
1122. As already mentioned, the punishments used are at variance
with the United Nations recommendations: eight of the centres prohibited
visits
and 10 used solitary confinement.
- A periodic review is made of the situation of the child and of the
circumstances relevant to his/her placement
1123. Seven of the 15
detention centres assessed inmates at the time of their admission, using the
following kinds of indicators:
seven recorded the family situation, level of
education and psychological characteristics; six recorded social and legal
status and
any recidivism; and five recorded work and health
status.
1124. With regard to the period over which the assessment was
made, five of the seven centres took less than a month and only two
more than a
month.
1125. It is worrying that only two of the centres had arrangements
to help inmates adapt to the institution and took a comprehensive
approach to
this matter.
1126. Very few (four) of the centres kept records of the
monitoring of juveniles deprived of their liberty.
1127. One consequence
of the failure to review the circumstances of placement is the high rate of
recidivism. By way of example,
according to a study in the Coronel Panchito
López juvenile reformatory, 92 of the 302 inmates were re-offenders, for
the
second, third and even fourth time.
- Education and health
services are provided to the child
1128. The education services
include workshops for carpentry, iron-work, hairdressing, car repair,
dressmaking, furniture-making,
cooking, etc., as well as literacy and
land-cultivation classes.
1129. Five of the detention centres did not
have educational activities or facilities and nine did. Two of them had one
educational
facility, four had two, two had three, and only one had four. There
is an overall deficit in the educational arrangements, so that
it is difficult
to provide the best of leisure or training activities. Of the nine centres with
educational facilities, nine had
classrooms, six had workshops, and four had
plots for cultivation.
1130. Very few of the centres offered activities
to make imprisonment more bearable. Although most of them had sports grounds,
no
sporting activities were organized.
1131. Most of the detention
centres (12) had a medical service and 10 had a dental service, but the quality
of these services is unknown,
and medicines were in very short supply. For
example, one of the juveniles interviewed commented that he was given an aspirin
for
severe throat pains.
1132. Other services provided included religious
(11 centres), psychological and legal assistance (seven), and psychotherapeutic
(six).
- The general principles of the Convention are respected, namely
non-discrimination, the best interests of the child, respect for
the views of
the child, the right to life, and survival and development to the maximum extent
possible.
1133. It can be inferred from the study that little account
is taken of the general principles of the Convention.
- Prompt access to legal and other appropriate assistance, indicating
inter alia whether there is any legal time-limit for such access to
assistance and what other appropriate assistance may be made available to
the
child
1134. Again according to the study, out of the 87 cases of
juveniles subject to criminal proceedings, 11 (13%) had no kind of legal
assistance and seven (8%) received some kind of assistance from NGOs. In all, at
the time of the study 15 (17%) of the cases involved
juveniles lacking any kind
of legal assistance and juveniles about whom there was no
information.
1135. Thirty (34%) of the detainees had their own defence
counsel, and 35 (40%) had the assistance of legal-aid lawyers. In total,
72 of
the persons interviewed were receiving some kind of legal
assistance.
1136. With regard to the interval between arrest and
provision of legal assistance, only 9.8% of the detainees obtained such
assistance
within a week from the time of arrest and 49% within a month; 16%
were left for three months without contact with a lawyer; and 20%
had to wait up
to six months to be advised by counsel. Six per cent of the detainees had to
wait more than six months.
1137. This situation is certainly connected to
the social and economic limitations of the families of the juveniles
interviewed.
The de facto discrimination is supposed to be corrected by the
assistance provided by legal-aid lawyers. But some of the juveniles
interviewed
complained that this assistance was neither adequate or in keeping with the
regulations: sometimes it was even necessary
to pay for the services in some
way, when by definition they should be free.
- Challenge the legality of the deprivation of his or her liberty before
a court or other competent, independent and impartial authority;
- A prompt decision on any such action, indicating inter alia
whether there is any legal time-limit for such a decision to be
taken.
1138. The right to appear before a court or other competent,
independent and impartial authority has already been discussed several
times
under earlier sections.
1139. Although the Juvenile Code and the main
international instruments signed by Paraguay stress that judicial proceedings
initiated
by children must be completed very quickly, in practice there have
been cases of failure to observe the procedural time-limits and
of extremely
slow proceedings.
1140. In the case of the juveniles interviewed who
obtained their release during the study of the modes of termination of the
proceedings
and the violations of the principles of a State based on the rule of
law it was found that out of a total of 17 juveniles none obtained
from the
criminal justice system a final decision to dismiss the proceedings. Thus, the
proceedings were not terminated in the correct
manner. Four of the 17 juveniles
obtained release from detention, three obtained revocation of the detention
order, one obtained
exemption from pre-trial detention, and six obtained release
by compurgation.
1141. One example which illustrates the situation was
that of a girl, too young to be charged with a crime, who having proved that
status and on other legal grounds, which were finally taken into consideration
by the very judge who had ordered her detention (unlawfully
on 5 June 1997)
obtained revocation of the detention order in the same court by A.I. 1166 of 1
December 1997.
1142. The police authorities did not comply with the
revocation order, and a writ of habeas corpus had to be obtained by the
lawyer Gloria Deidamia Franco. The girl's release was finally secured on
20 February 1998 following representations
by the Casa del Buen Pastor.
The judicial order had still not been enforced at that time.
1143. This
point has already been answered under guideline 144.
1144. The following points, which indicate
the difficulties in this area, were taken from the study by Gloria Deidamia
Franco which
has served as a frame of reference for describing the situation of
children in conflict with the justice system:
(a) The large number of unconvicted detainees;
(b) The failure to observe the procedural time-limits;
(c) The loss and/or removal of records;
(d) Discrimination in the dispensation of justice for socio-economic
reasons;
(e) Inaccurate and incomplete police records;
(f) Unreliable criminal records and other documents;
(g) Judicial records which should normally exist only if a sentence was
handed down;
(h) Profound ignorance of constitutional and legal rules in general, but
especially of the international legislation and the commitments
undertaken by
Paraguay with respect to human rights, those relating to children in
particular;
(i) Prison overcrowding;
(j) Deficient physical infrastructure and serious shortages of basic
equipment and services;
(k) Health problems; and
(l) Abuse and cruel, inhuman and degrading treatment.
1145. Neither capital punishment nor life
imprisonment exist in Paraguay.
1146. Article 4 of the Constitution states: "The
right to life is inherent in the human person. Its protection is guaranteed in
general terms from conception. The
death penalty is abolished...". This
decision to abolish the death penalty and the important precedent set by the
case of Angel
Francisco Breard, who secured a historic decision by the
International Court of Justice at The Hague on application of the provisions
of
article 36 of the Vienna Convention on Consular Relations concerning cases of
capital punishment, invested Paraguay with the role
of leading advocate of the
abolition of the death penalty in Latin America. Accordingly, the Republic of
Paraguay is taking the
necessary steps for acceding to and ratifying the Second
Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty.
1147. Paraguay is a party
to the International Covenant on Civil and Political Rights, ratified as Act
No. 5/92, article 6 of which
refers to the abolition of the death penalty
in language indicating clearly that abolition is desirable.
1148. According to the study cited earlier,
only four of the detention centres had arrangements to prepare inmates for
release. These
were the only ones to have partial recovery programmes, and only
one of them (Instituto del Mañana) had post-release monitoring
arrangements. There is thus a serious deficit in the areas of rehabilitation
and re-education.
1149. No other information is available. Education and
vocational training have been discussed under the topics of education and
health
services.
1150. The progress and difficulties have been apparent
throughout the report; the difficulties are abundant.
C. Children in situations of exploitation, including
physical and psychological recovery
and social reintegration
1. Economic exploitation of children, including child labour (art.
32)
"
- Economic exploitation;
- Performing any work that is likely to be hazardous or to interfere with
the child’s education, or to be harmful to the child’s
health or
physical, mental, spiritual, moral or social development.
1151. The
legislative measures cited below are designed to protect working children
against economic exploitation and work which may
interfere with their
education.
1152. Article 90 of the Constitution ("On child labour")
states: "Priority shall be given to the rights of child workers in order to
ensure their normal physical, mental
and moral development".
The
Labour Code
"Article 120. Children aged under 15 years but over 12 years may work in
enterprises, preferably enterprises employing members of
the employer's family,
provided that, by its nature or owing to the conditions under which it is
performed, the work is not hazardous
to the children's life, health or morals.
Work in public or private vocational schools shall also be permitted, provided
that it
is performed for the purpose of vocational training or is approved and
monitored by the competent authority.
"Article 121. Work by children aged under 18 years shall be subject to the
following requirements:
(a) Presentation of a birth certificate;
(b) Presentation of an annual certificate of physical and mental capacity
to work issued by the competent health authority;
c) Authorization of a legal representative;
(d) Prohibition of work hazardous to life, health or morals and work
requiring physical effort in excess of the capacity consistent
with the child's
age specified in laws or regulations;
(e) Completion of primary schooling unless the work does not impede
attendance at school;
(f) Prohibition of work on Sundays or on the public holidays established
by law.
Medical examinations shall be conducted at the employer's expense and
shall not entail any cost to the child or his parents. The
physical and
vocational re-adaption of children is the responsibility of the social security
system.
Article 122. Children aged 15 to 18 years shall not be employed at night
during the 10-hour period from 8 p.m. to 6 a.m.
Domestic work performed in the employer's home is excluded from this
provision.
Article 123. Children aged 12 to 15 years may not work more than four hours
a day or 20 hours a week.
Children aged 15 to 18 years may not work more than six hours a day or 36
hours a week.
For children still attending school the daily hours of work shall be
restricted to two, and the total number of hours spent each
day in school and at
work shall not exceed seven.
Article 124. All employers of children or child apprentices shall be
required to keep a register containing information about them:
name and surname,
age, date of birth, date of recruitment, school situation, medical insurance
registration number, date of termination,
number and date of issue of the work
certificate.
In order to be valid this register must have its pages numbered, stamped
and initialled by the Directorate-General for the Protection
of Juveniles and
must be kept free of corrections, erasures and annotations between lines. It
shall be produced to inspectors or
other authorized officials when
required.
In January and July each year the employer shall transmit to the
Directorate-General for the Protection of Juveniles a summary
of entries in the
register.
Article 125. Children aged under 18 years shall not be employed in work
such as:
(a) The retail sale of alcoholic beverages;
(b) Work or services likely to affect their morals or good
character;
(c) Work involving travelling, except by special authorization;
(d) Hazardous or unhealthy work;
(e) Work exceeding the established hours or the child's physical strength
or work which may impede or retard his physical or moral
development;
and
(f) Night work during the period specified in article 122 or other periods
established by law.
Article 127. All workers under the age of 18 years shall be entitled to
annual paid holidays of not less than 30 consecutive working
days".
The Juvenile Code (Act No. 903/81)
"Article 177. The protection provisions of this Book shall apply to
children working on their own account or for an employer or
independently, as
well as to child apprentices and to pregnant women or nursing mothers who
work.
Article 178. Pursuant to article 319 (f) the Directorate-General for the
Protection of Juveniles shall monitor work by children,
pregnant women and
nursing mothers, in accordance with the provisions of this Book and the
applicable labour laws.
Article 180. In order to be qualified to work a child must hold a work
certificate issued by the Directorate-General for the Protection
of Juveniles,
for which the following requirements must be
satisfied:
(a) Presentation of a birth certificate;
(b) Presentation of a certificate of physical and mental capacity to work
issued by the health authority designated by the Directorate-General;
(c) Presentation of the booklet recording immunizations against endemic
diseases;
(d) Submission of a report by the relevant department of the
Directorate-General justifying the child's qualification to work in
terms of his
age, needs and personal situation and the nature of the work to be performed;
and
(e) Authorization by a juvenile guardianship judge when required by the
provisions of article 228 of this Code.
The medical certificates and reports required under this article shall be
issued free of charge
Article 181. When these certificates and reports have been presented, the
information contained therein shall be recorded in the
register of child
workers, which shall be signed by the person holding parental authority and by
the child, to whom a certificate
shall be issued free of charge. This
certificate shall show:
(a) The child's name and
surname;
(b) The place and date of his birth;
(c) The names
and surnames of his parents or guardian;
(d) The work to be performed
and the working hours;
(e) The child's address;
(f) His
school grade;
(g) The number and date of the registration; and
(h) The signature of the general manager or an authorized member of the
staff.
Article 185. A child aged between 12 and 15 years may be employed in farm
work, provided that:
(a) He has completed his primary education or the work does not impede his
attendance at school;
(b) He holds a certificate of physical and mental capacity to work issued
by the competent health authority;
(c) The work is light and not hazardous or unhealthy;
(d) He has the permission of a parent or legal representative;
(e) He does not work more than four hours a day or more than 20 hours a
week. For children who are still attending school the
daily hours of work shall
be restricted to two, and the total number of hours spent each day in school and
at work shall in no case
exceed seven; and
(f) He does not work on
Sundays or public holidays.
Article 186. A juvenile judge may authorize a child aged 12 or over to
work, except in the cases mentioned in the preceding articles,
when this is
essential for the child's own maintenance or the maintenance of his parents or
persons dependent on him and the work
is compatible with his physical and mental
development and natural aptitudes. Children aged under 12 years shall be
authorized to
work in the cases specified in article 6 of this Code.
Article 187. Authorization to work under the preceding article shall be
subject to the same requirements as are established in article
185. In the
absence of a legal representative the authorization of the juvenile judge shall
suffice.
Article 188. Authorization for children aged under 18 years to work shall
be subject to the following requirements:
(a) Presentation of a birth
certificate;
(b) Presentation of an annual certificate of physical and mental capacity
to work issued by the competent health authority;
(c) Authorization of a legal representative;
(d) Restriction of the working hours to six hours a day or 36 hours a
week; and
(e) Prohibition of employment in occupations hazardous to life, health or
morals.
Article 189. Children aged under 18 years shall not perform any work at
night between 8 p.m. and 5 a.m.
Article 190. In order to perform domestic service children must be aged at
least 15 years and their service shall be governed by
such provisions of the
Labour Code as are not at variance with the provisions of the present
Code.
Article 191. An employer of a domestic worker aged under 18 years shall
enter him in the register of child workers in the manner
specified in article
179 within 30 days of the conclusion of the contract.
Article 192. The contractual remuneration of a child domestic worker shall
include food and clothing in addition to cash payments,
unless proof of a
different agreement is available.
Article 194. A child shall not be sent to work in a private home or in a
workplace, office or business other than the one for which
he was
recruited.
Article 195. The wage-protection rules contained in the Labour Code shall
apply strictly to child labour.
Article 197. Child workers shall be entitled to paid annual holidays of at
least 20 working days.
Article 198. The provisions of the Labour Code and its amendments and the
applicable labour laws shall apply in all matters mentioned
in the present Book
relating to the work of children in an employment
relationship".
1153. Although these pieces of legislation are supposed to
regulate child labour, the reality is different. It is typical for poor
children aged under 10 to work; from a very early age such children work at
various jobs, initially as (unpaid) family helpers and
gradually becoming
involved in production work and/or work at the lower levels of the labour
market.
1154. The official statistics show that children are working from
earlier ages: from age 10 according to the 1992 national population
and housing
census and from age seven according to the 1995 household survey. In 1995 the
economically active population in the
7-17 age group totalled
462,897.
1155. The group with least protection is made up of formal
workers, over whom the regulatory bodies exercise no control. Another
vulnerable group consists of the servant boys and girls who perform domestic
service in return for room and board and, in some cases,
education, which is
usually obstructed by the scant time which these children are allowed for their
school work, for the household
tasks take priority.
- Whether legislation has included a prohibition, as well as a
definition, of hazardous and harmful work, and/or of the activities
considered
to be hazardous, harmful to the child’s health or development or to
interfere with the child’s education;
- Any preventive and remedial action undertaken, including information
and awareness campaigns, as well as education, in particular
compulsory
education, and vocational training programmes, to address the situation of child
labour both in the formal and informal
sector, including as domestic servants,
in agriculture or within private family activities;
- The measures adopted to ensure respect for the general principles of
the Convention, particularly non-discrimination, the best
interests of the
child, the right to life, and survival and development to the maximum extent
possible.
1156. The legislation does not give a specific definition
of hazardous work but does impose a ban on it. The articles cited above,
for
example, contain prohibitions on hazardous work which may be harmful to
children's health, development and education. But things
are different in
reality, as already pointed out.
1157. Where hazardous work is concerned,
it should be borne in mind that domestic work, done mostly by girls (without
entirely excluding
boys), involves considerable responsibility and risk, as in
the case of looking after smaller children or even cooking on an open
fire.
Further details will be found in the annexes in table 73 on children who work in
poor conditions. (Source: analysis of the
sectoral situation by the Technical
Planning Secretariat.)
1158. When it comes to child street workers, very
important work is done by the Secretariat for Social Action of the Office of the
President; the Secretariat is responsible for administering the Programme of
Integrated Care for Child Street Workers, which has
four main focuses, including
work training under projects formulated as a response to the demand for training
in specific areas to
help adolescents and adults responsible for families to
acquire an alternative source of income generation.
1159. This programme
and others are implemented by NGOs and the municipalities, supported by an
advisory group which meets twice a
year; this group is made up of
representatives of various agencies in the public sector and representatives of
civil society, including
the Organization of Child Workers. (Source:
information bulletin of the Secretariat for Social Action.)
1160. No
other measures other than legislation have so far been adopted, and no
information and awareness campaigns have been carried
out.
- A minimum age or minimum ages for admission to
employment
1161. In accordance with the provisions of international
instruments, Paraguay promulgated its Labour Code by Act No. 213 of 30 October
1993; it was amended and extended by Act No. 496 of 22 August 1995. The
Code states that the minimum age for admission to employment
is under 15 years
and over 12 years.
- Appropriate regulation of the hours and
conditions of employment
1162. These matters are regulated in article
123 of the Labour Code:
"Children aged 12 to 15 years may not work more than four hours a day or 24
[20][9] hours a week.
Children aged under 18 years [aged 15 to 18 years] may not work more than
six hours a day or 36 hours a week.
For children still attending school the daily hours of work shall be
restricted to two, and the total number of hours spent each
day in school and at
work shall not exceed seven.
1163. Article 125 states:
"Children aged under 18 years shall not be employed in work such as:
(a) The retail sale of alcoholic beverages;
(b) Work or services likely to affect their morals or good
character;
(c) Work involving travelling, except by special authorization;
(d) Hazardous or unhealthy work;
(e) Work exceeding the established hours or the child's physical strength
or work which may impede or retard his physical or moral
development;
and
(f) Night work during the period specified in article 122 or other periods
[established by law]".
1164. Article 122 states:
"Children aged 15 to 18 years shall not be employed at night during the
10-hour period from 8 p.m. to 6 a.m.
Domestic work performed in the employer's home is excluded from this
provision".
- Appropriate penalties or other sanctions to ensure the effective
enforcement of this article, and any mechanism of inspection and
system of
complaint procedures available to the child, either directly or through a
representative.
1165 The imposition of penalties and sanctions is
addressed in article 388 of the Labour Code:
"An employer who obliges children aged under 18 years to work in unhealthy
or hazardous places or to perform night work in industry
shall be liable to a
fine of 50 times the minimum daily wage for every worker affected.
An employer who employs children aged under 12 years shall be liable to a
fine of 50 times the minimum daily wage for every child
affected; this fine
shall be doubled for a repeated offence.
Any authorization for a child to work given by his legal representative in
contravention of the law shall constitute grounds for
voiding of the labour
contract, and the legal representative in question shall be liable to a fine of
50 times the minimum daily
wage for every child affected; this fine shall
doubled for a repeated offence".
1166. The Directorate-General for the
Protection of Juveniles is the agency responsible for monitoring the working
conditions of children
and investigating abuse or injustice inflicted on them,
as well as for ensuring the application of labour legislation and receiving
complaints from child workers, who may appear in person or through a
representative.
1167. In reality there are no inspection arrangements for
child workers. The reception of complaints is the responsibility of the
Juvenile Complaints Department of the Attorney-General's Office, to which
children may turn either in person or through a representative;
the Department
has to refer the case to the duty prosecutor and then to a juvenile
judge.
1168. The Department was established in July 1997 and it has not
so far received any complaints of infringement of labour rights.
The reason for
this is perhaps ignorance on the part of the intended beneficiaries of the
existence of this agency for the defence
and protection of their rights.
1169. Paraguay has ratified the following ILO
Conventions:
Convention Limiting the Hours of Work in Industrial Undertakings to Eight in
the Day and Forty-eight in the Week (1919, Convention
No. 1); Act No. 946 of 15
July 1964.
Convention concerning the Rights of Association and Combination of
Agricultural Workers (1921, Convention No. 11); Act No. 1333 of
4 December
1967.
Convention concerning the Application of the Weekly Rest in Industrial
Undertakings (1921, Convention No. 14); Act No. 945 of 15
July 1964.
Convention concerning the Creation of Minimum Wage-Fixing Machinery (1928,
Convention No. 26); Act No. 924 of 3 June 1964.
Convention concerning Forced Labour (1930, Convention No. 29); Act No. 1234
of 13 June 1967.
Convention concerning the Regulation of Hours of Work in Commerce and
Offices (1930, Convention No. 30); Act No. 942 of 15 July 1964.
Convention concerning Annual Holidays with Pay (1936, Convention No. 52);
Act No. 944 of 15 July 1964.
Convention Fixing the Minimum Age for Admission of Children to Industrial
Employment (1937, Convention No. 59); Act No. 997 of 31
August 1964.
Convention concerning the Age for Admission of Children to Non-Industrial
Employment (1937, Convention No.60); Act No. 995 of 31
August 1964.
Convention concerning Medical Examination for Fitness for Employment in
Industry of Children and Young Persons (1946, Convention
No. 77); Act No. 994 of
31 August 1964.
Convention concerning Medical Examination of Children and Young Persons for
Fitness for Employment in Non-Industrial Occupations
(1946, Convention No. 78);
Act No. 992 of 31 August 1964.
Convention concerning the Restriction of Night Work of Children and Young
Persons in Non-Industrial Occupations (1946, Convention
No. 79); Act No. 993 of
31 August 1964.
Convention concerning Labour Inspection in Industry and Commerce (1947,
Convention No. 81); Act No. 1235 of 21 June 1967.
Convention concerning Freedom of Association and Protection of the Right to
Organise (1948, Convention No. 87); Act No. 748 of 31
August 1964.
Convention concerning the Night Work of Women Employed in Industry (1948,
Convention No. 89); Act No. 996 of 31 August 1964.
Convention concerning the Night Work of Young Persons Employed in Industry
(1948, Convention No. 90); Act No. 998 of 31 August 1964.
Convention concerning the Protection of Wages (1949, Convention No. 95); Act
No. 935 of 23 June 1964.
Convention concerning the Application of the Principles of the Right to
Organise and to Bargain Collectively (1949, Convention No.
98); Act No. 997 of
31 August 1964.
Convention concerning Minimum Wage Fixing Machinery in Agriculture (1951,
Convention No. 99); [...]
Convention concerning Equal Remuneration for Men and Women Workers for Work
of Equal Value (1951, Convention No. 100); Act No. 925
of [...] June
1964.
Convention concerning the Abolition of Penal Sanctions for Breaches of
Contracts of Employment by Indigenous Workers (1955, Convention
No. 104); Act
No. 1333 of 22 February 1964.
Convention concerning Weekly Rest in Commerce and Offices (1957, Convention
No. 106); Act No. 947 of 15 July 1964.
Convention concerning the Protection and Integration of Indigenous and Other
Tribal and Semi-Indigenous Populations in Independent
Countries (1957,
Convention No. 107); Act No. 63 of 26 December 1964.
Convention concerning Discrimination in Respect of Employment and Occupation
(1958, Convention No. 111); Act No. 1154 of 21 July
1966.
Convention concerning the Protection of Workers against Ionising Radiations
(1960, Convention No. 115); [...]
Convention concerning Basic Aims and Standards of Social Policy (1962,
Convention No. 117); Act No. 66 of 26 December 1968.
Convention concerning the Guarding of Machinery (1963, Convention No. 119);
Act No. 1179 of 31 July 1966.
Convention concerning Hygiene in Commerce and Offices (1964, Convention No.
120); Act of 31 August 1996.
Convention concerning Medical Examination of Young Persons for Fitness for
Employment Underground in Mines (1965, Convention No.
124); Act No. 1174 of 6
September 1966.
Convention concerning Vocational Rehabilitation and Employment (Disabled
Persons) (1983, Convention No. 159); Act No. 36 of 6 September
1990.
Convention concerning Indigenous and Tribal Peoples in Independent Countries
(1989, Convention No. 169); Act No. 234 of 19 July 1993.
Declaration on Fundamental Principles and Rights at Work and its Follow-up,
relating to the protection of the basic rights of workers,
the elimination of
discrimination in employment, and the effective elimination of child
labour.
- Any national policy and multidisciplinary strategy developed to prevent and combat situations of children’s economic exploitation and labour
1170. ILO is to provide the necessary technical and financial resources
for measures to help the Government to regulate and gradually
restrict child
labour. This commitment is made in the memorandum of understanding on the
implementation of the International Programme
on the Elimination of Child Labour
(IPEC) signed by the Minister of Justice and Labour and the Director-General of
ILO, Michel Hansenne,
on 18 June 1998 in Geneva at the eighty-sixth ILO General
Conference.
1171. Apart from the elimination of child labour, the
programme is intended to protect children against all forms of economic
exploitation
which impede their education or may be hazardous or harmful to
their health or physical, mental or moral development.
1172. There is
another project from the end of 1997, called "From needs to rights: replacement
of begging with babies by an alternative
family economic activity", which is
designed to deal with the problem of mothers begging in the streets of
Asunción with babies
in their arms. This project is carried out by the
Municipality of Asunción, CENADI, DEQUENI and the Jasmin Foundation with
funding from the Secretariat for Social Action.
1173. The project offers
training and direct care and support services for 35 families with children
which have been engaging in "pideo" (begging), carrying babies around the
streets of Asunción. It began in December 1997 and has produced the
following results
so far: 12 of the 35 mothers taking part in the project are
already working with "basic economic units" (kiosks or carts) supplied
to them
on 20 June 1998. They have thus found an alternative to begging in the
streets with their babies.
1174. Units were in fact provided for 15
mothers, but work is continuing with two of them in order to make them
understand how important
it is not to go begging with their babies; the
remaining one has still not received a permit to set up her kiosk. An important
stage
of the project is thus being accomplished, albeit with many obstacles and
difficulties, for this problem is very complex and has
many different aspects.
(Source: press item; Secretariat for Social Action.)
- Any coordinating and monitoring mechanism established for that
purpose
1175. The Labour Inspectorate of the Ministry of Justice and
Labour coordinates and monitors the application of the labour laws for
the whole
people and not just for children. To this end, in 1997 it called upon its
officials to volunteer for the post of inspector,
and training courses were held
by the Paraguayan Institute for Labour Studies in order to equip them to perform
their functions effectively.
- The relevant indicators identified and
used
1176. The indicator used derives from the economic crisis, which
is prompting more and more children to leave school to work and support
their
families. The crisis is producing increasing numbers of street workers,
formerly the exclusive province of children; they
have now been joined by many
adults in need of a source of work.
- Relevant programmes of technical cooperation and international
assistance developed
1177. A second cooperation agreement with the
Japanese Government was signed in 1996 with a view to creating a
Paraguayan-Japanese
vocational advancement service, with its office in San
Lorenzo. This project aims to strengthen and supplement the existing vocational
training system by introducing new technology in electricity, electronics,
automobile electronics, electromechanics, factory automation,
radiocommunications, and training and refresher courses for
instructors.
1178. A project execution unit was set up with IDB support
under the project for the creation of the National Work Training System.
It has
so far organized several events to increase the awareness of the main actors
(businessmen, workers, vocational training institutions).
1179. The
progress achieved in the context of the international integration and
cooperation process included: the signature of a letter
of intent concerning a
social security agreement between Spain and Paraguay in March 1997; the
Declaration of Madrid in January 1997;
the provision of advice by the
Ibero-American Social Security Organization on specific tasks in this area in
MERCOSUR working party
10, of great importance during the provisional
presidency; and ILO cooperation in areas such as inspection and monitoring,
labour
negotiations in MERCOSUR, an employment watchtower, and the creation of a
tripartite body on matters connected with wages and jobs.
Attention must also
be drawn to the assistance furnished by other MERCOSUR labour ministries by way
of training of labour officials:
the labour ministries of Argentina and Uruguay
deserve special mention in connection with topics such as international
standards
and inspection and monitoring.
- The progress achieved in the implementation of this article, benchmarks
set up as well as difficulties encountered
1180. The biggest
difficulties include the lack of a system of protection and free access for
child workers and their ignorance of
their rights. This situation is exploited
by adults who commit irregularities. The servant boy or girl is even today a
common figure
in Paraguayan households, which give them food and clothing in
exchange for daily work; in the best of cases a room is provided as
well.
1181. In terms of progress, the Youth Department has done important
work: in 1997 it gave its support to the Union of Young Professionals
and
Businessmen, which organizes the youth encounters "Opening ways", the first step
in the creation of a space for discussion, thought
and proposals in connection
with the integration of young people in the country's economic development; this
undertaking has now
been consolidated in a three-year plan.
1182. The
Department is also seeking to establish links with bodies having similar
objectives, such Rotary Club, Lions Club, the Union
of Young Professionals and
Businessmen, and other international organizations. In order to publicize and
promote its activities
and make direct contact with greater numbers of young
people, the Department took part in, as well as organizing itself, a number
of
events such as seminars, workshops, congresses, exhibitions and day sessions
both nationally and internationally.
1183. At the Department's request, a
youth employment programme is being formulated for rural areas; it takes into
account the experience
of a number of other South American countries and has the
possibility of obtaining the necessary funding for its implementation from
international cooperation agencies.
- Relevant disaggregated data on the children concerned, including by
age, gender, region, rural/urban area, and social and ethnic
origin, as well as
on infringements observed by inspectors and sanctions
applied.
1184. There are no data on these points.
2. Drug
abuse (art. 33)
- Protect children from the illicit use of narcotic drugs and
psychotropic substances, as defined in relevant international
treaties
1185. Article 71 of the Constitution ("On drug trafficking,
drug addiction and rehabilitation") states:
"The State shall suppress the production and illicit handling of narcotic
substances and other dangerous drugs and acts aimed at
legitimizing the proceeds
of such activities. It shall likewise suppress the illicit consumption of these
drugs. The law shall
regulate the production of such drugs for medicinal
use.
Preventive education and rehabilitation programmes shall be established for
addicts, in collaboration with private organizations".
1186. The National
Anti-drugs Secretariat (SENAD) has introduced a policy of stepping up the
severity of the measures and setting
priorities in order to demonstrate the
State's firm political will to tackle the problem of drug trafficking and
related offences
in all their manifestations. To this end, a national plan for
prevention of drug abuse was formulated by the SENAD Advisory Council
on
Prevention (made up of representatives of the Ministry of Education and Worship,
the Ministry of Public Health and Social Welfare,
and the NGO coordinating
committee for the prevention of drug abuse) with a view to establishing the main
lines of the measures to
be implemented under the prevention, treatment,
rehabilitation and social reintegration programmes, with emphasis on measures to
create greater social awareness and opposition to drug use. These measures are
being taken pursuant to the constitutional mandate
to establish preventive
education programmes in collaboration with private organizations.
1187. A
document entitled "National anti-drugs strategy" was presented in 1996; it
describes clearly and precisely the measures to
be taken in the fight against
drugs in their various manifestations. It was signed by the President of the
Republic, Juan Carlos
Wasmosy, the President of the National Congress, Miguel
Abdón Saguier, and the Foreign Minister, Rubén Melgarejo
Lanzoni.
1188. SENAD also organized a mass education programme in 1996
and 1997 on Radio Oñondivepa F.M. stereo 106.5 and Paraguayan
National
Radio. Articles were also published in the newspapers Noticias, ABC
Color and Ultima Hora, and SENAD participated in television
programmes such as "Woman", "The morning of every day", "24 Hours Nande Neeme"
and "Telefuture"
in order to make the general public more aware of this
topic.
1189. The programme of the national prevention network has carried
out the following measures as part of its grass-roots approach:
The community section of the integrated prevention division held a
coordination meeting with the leaders of the Juca de Villarica
group on 12
February in order to plan and coordinate the measures to be implemented in
1997.
A further meeting was held on 13-16 February 1997 with members of the
national prevention network in the town of Carapegúa,
also attended by
Chilean officials. Experience was exchanged on grass-roots work to prevent
addiction. Following this meeting joint
activities were carried out with
network leaders in the town of Chiriguelo (Amambay Department) from 17 to 22
February 1997, again
with the participation of Chilean officials. This campaign
was aimed at local children.
On 22 February 1997 the Arapuahú group of the prevention network
presented its work project to officials in the town of Tobatí
for
evaluation of its viability.
This work project was approved by the Tobatí community. It was
formally adopted on 27 April of this year in the presence
of youth leaders and
representatives of the local commune and SENAD.
On 25 October 1997 a day session was held in the Lucio Bento Pavón
auditorium of the National Directorate for Narcotic Drugs
(DINAR); it was
attended by representatives of the national prevention network from the towns of
Ciudad del Este, Santa Rita, Saltos
del Guairá, Katueté,
Emboscada, Itauguá Aregua, Capiatá, Isla Pucú, Tayazuape,
Caacupé
and Caraguatay.
1190. In an effort to publicise the SENAD
mission to combat drug abuse and trafficking under the grass-roots prevention
programme
a decision was taken to work house to house in a community regarded as
high-risk from the drug-use standpoint; 351 families were
visited in the Blanco
Cué district between 10 and 24 February.
1191. These 351 houses
produced a total of 2020 persons, 1,075 juveniles and 965
adults.
1192. The grass-roots prevention programme held an awareness day
in conjunction with Oñondivepa municipal centre No. 2 and
the Lions Club
and the Leo Club in Trinidad. House-to-house calls were made on the Villa
Antelco estate in order to collect information
about the community's needs and
to ascertain the drug-consumption situation. Fifty families were
interviewed.
1193. Within the framework of the national prevention plan
SENAD signed cooperation agreements with the municipalities of Asunción
and Areguá and a letter of commitment with the municipality of
Itauguá.
1194. A number of special events were also held,
including:
Participation as organizer in the seminar "Prevention theories";
Prevention campaign in Areguá: "Areguá, I want you alive, with
children free of drugs";
Prevention campaign in Carapeguá: "Open windows without the serious
consequences of addictions";
Day sessions for young students and teachers in the metropolitan
area;
Collaboration with a US Army team on the production of materials to support
the prevention work: transfers, calendars and fliers
with addiction-prevention
messages.
1195. The following activities were carried out with
institutions:
Meeting with the Blanco Cué fishermen's association;
Visits to the Ministries of Agriculture and Livestock and Education and
Worship, the San Lorenzo health centre, the Tekove Pyahu
treatment centre, the
Secretariat for Women, and the head teacher and teachers of the San Vicente de
Paúl school;
Periodic meetings with representatives of the European Union and the
following bodies: the Igia Group, the Ministry of Health (through
the Healthy
Municipalities Movement), the Blanco Cué fishermen's association, the
municipality of Areguá, and the Health
Sciences Research Institute of the
National University;
In the case of international activities, coordination by SENAD of the first
national forum on "Impact of drug abuse on women and
the family", in conjunction
with the Health Sciences Research Institute, the Kuña Aty Foundation, and
the research and documentation
centre of the Paraguay-Kansas Committee sponsored
by the Secretariat for Women.
- Prevent the use of children in the illicit production and trafficking
of such substances.
1196. Article 14 of Act No. 1340/88, which
"suppresses illicit trafficking in dangerous drugs and other related offences
and establishes
measures of prevention and for the rehabilitation of drug
addicts", states:
"Any person who unlawfully supplies narcotic substances, dangerous drugs or
products containing such substances or drugs to a juvenile
shall be liable to a
prison term of 10 to 25 years, confiscation of the products, and a fine
equivalent to four times the value of
the products supplied".
1197. The
sanctions imposed under Act No. 1015/97, which "prevents and suppresses unlawful
acts aimed at the legitimization of money
or merchandise", apart from filling a
gap in the legislation, constitute a further demonstration of the determination
of the National
Congress to back up the efforts made by the official agencies
responsible for fighting drug trafficking and related offences. The
Secretariat
for the Prevention of the Laundering of Money and Merchandise was set up under
the Office of the President as the executing
agency for this Act; it is headed
by the Minister of Industry and Trade and consists of a member of the Board of
the Central Bank
of Paraguay, the Adviser to the National Securities Commission,
the Executive Secretary of SENAD, the Superintendent of Banks, and
the Commander
of the National Police. The Secretariat's functions and powers were defined at
the same time.
1198. Transactions giving rise to suspicions of laundering
offences, under article 31 of the Act, are investigated by the SENAD financial
crime investigation unit. This constitutes yet another challenge for SENAD: to
equip the unit with the necessary infrastructure
for its effective functioning,
to secure the cooperation of other countries and agencies, and to give its staff
the specialized training
to enable it to perform its functions efficiently and
effectively.
1199. The measures to prevent children from being involved
in drug trafficking are implemented by the juvenile magistrates and procurators.
When these agents go to locations at night to find and rescue sexually exploited
children they also try to bring in children exploited
by drug traffickers. Such
children are sent to hospitals for treatment.
1200. DINAR collaborates
with the Judiciary in this area and coordinates their work in connection with,
for example, the conduct of
chemical analyses to ascertain the quality of the
substance in question.
156. Reports should also indicate:
- The relevant international conventions, including at the regional and
bilateral levels, to which the State is a party
1201. These
conventions are the Single Convention on Narcotic Drugs and the Convention on
Psychotropic Substances, ratified by Acts
Nos. 338 and 339 of 17 December
1971.
- Any arrangements made and structures developed to raise awareness in
the general population and amongst children, including through
the school system
and whenever appropriate by the consideration of this topic by the school
curricula
1202. Preventive education courses were continued in order
to raise awareness within the integrated prevention system. Training was
given
to 281 teachers and 539 young people. Training was also provided for prevention
groups in the departments of Concepción,
Cordillera, Caaguazú,
Guairá, Paraguarí and Encarnación. The training groups are
located in Caazapá,
San Juan Bautista (Misiones), Villa Florida and
Itacurubí del Rosario.
- Any measures undertaken to assist children and their families,
including through counselling, advice and helplines, where appropriate
of a
confidential nature, and policies and strategies designed to ensure the physical
and psychological recovery and social reintegration
of children
concerned
1203. Under the SENAD treatment programme 129 persons were
treated by SENAD itself and 75 family members received counselling from
SENAD; 10 persons were referred to the Clinical Hospital, three were treated in
the First Aid Hospital, and one in the Military Hospital.
1204. The
Juvenile Complaints Department receives reports of drugs possession and
trafficking. There was one case in 1995, which
was referred to the Public
Prosecutor. In addition, the Department for Assistance to Victims of Crime
includes among its many functions
the provision of assistance to children with
behavioural problems and addictions and to runaway children, as well as
counselling
for their parents. These cases are referred to the juvenile
procurators.
1205. Children who are intoxicated by drugs are handed over
to their parents with instructions for them to undergo detoxification
treatment,
and DINAR is recommended not to enter the details in the children's
records.
1206. Article 74 of the new Criminal Code states:
"1. Any person who commits an unlawful act as a result of excessive
consumption of alcoholic beverages or use of other narcotic drugs
shall be
placed in a detoxification unit when there is danger of his committing further
serious unlawful acts for the same reason.
This same procedure shall apply when
a severe personality disorder has been verified, or cannot reasonably be
excluded, within the
meaning of article 23.1 ["Proceedings shall not be taken
against a person who, at the time of the act or omission, owing to mental
disturbance, incomplete or retarded mental development, or a serious personality
disorder was incapable of knowing the unlawfulness
of the act or omission or of
making decisions in the light of that knowledge"].
2. This measure shall be applied for a minimum of one year and a maximum of
two years.
3. Where appropriate, the provisions of articles 39 and 40 shall apply,
provided that this is not incompatible with the purpose
of the
measure".
1207. Article 77 refers to the suspension of the measure in
favour of out-patient treatment, provided that someone can take responsibility
for ensuring that such treatment is undergone. A suspension may be revoked if
the patient's conduct demonstrates that the achievement
of the purpose of the
measure requires confinement.
- Any measures designed to monitor the incidence of drug abuse on
children, as well as their involvement in the illicit production
and trafficking
of narcotic and psychotropic substances, progress achieved, difficulties
encountered and targets set for the future
1208. The progress amounts
to the work done by the juvenile magistrates and procurators, the Juvenile
Complaints Department, the Department
for Assistance to Victims of Crimes, SENAD
and DINAR by way of assistance and counselling, awareness campaigns, and night
patrols.
1209. The main difficulty lies in the supervision of street
children, who at a very early age encounter alcohol, tobacco and drugs,
specifically "cobbler's glue" since they usually have no contact with other more
sophisticated drugs; their environment leads them
into this addiction as they
follow the example of their elders. Given these circumstances, their
rehabilitation is no easy matter,
especially as some of them live in the street
with no fixed abode or parents to take responsibility for them. They are thus
prey
to every kind of vicious proclivity.
- Any relevant disaggregated data, including by age, gender, region,
rural/urban area, and social and ethnic origin.
1210. The only data
relate to the juveniles interviewed in prison by the Directorate for Criminal
Policy and Criminology of the Attorney-General's
Office; the findings are as
follows.
1211. Thirteen% of the 87 juveniles used marihuana and 6%
inhalants. The consumption of illegal drugs may have been higher because
such
conduct is less acceptable in the prison context, so that inmates tend to use
socially accepted drugs. In fact, in some cases
the use of drugs, especially
inhalants, was found noted in the juveniles' prison record sheets even though
the juveniles omitted
to mention such use during their interviews. Most of
those who professed not to use illegal drugs answered in the affirmative when
asked whether anyone had ever invited them to try narcotic or other
drugs.
1212. Nine per cent asserted that their friends used marihuana.
22% admitted to using some kind of drug and said that they intended
to continue
doing so. And twenty% answered that they did not know on that point because
they had not thought about it. The main
reason given was the need to belong to
a group: 32% said that they used drugs to keep in with a group that shared their
frustrations.
1213. Another consequence of broken families and unstable
environments is that children acquire the drug habit either by imitating
their
group or through their own personal destabilization.
157. In addition,
please also provide information on legislative and other measures taken to
prevent the use by children of alcohol,
tobacco and other substances which may
be prejudicial to their health and which may be available with or without
restrictions to
adults, and on any evaluation made of the effectiveness of such
measures, together with relevant disaggregated data on the use by
children of
such substances.
1214. Article 222 of the Juvenile Code states that a
child who habitually or occasionally traffics in or uses narcotic substances
or
dangerous drugs or who habitually consumes alcoholic beverages is in a situation
of danger. It adds that it is task of the correctional
judge to examine and
resolve this situation, either by returning the child to his parents or other
legally responsible persons, with
a caution, or by placing him in a children's
home or with foster parents under the supervision of a probation officer. But
this
article does not prohibit the consumption of drugs or alcohol. However,
article 50 of the draft Children's Code does prohibit the
sale of alcoholic
beverages or other products whose ingredients may cause physical or
psychological dependence even if only as a
result of abusive use. Furthermore,
article 52 refers to the adoption of measures such as enrolment in public or
community programmes
offering assistance, counselling and treatment for
alcoholics and drug addicts.
1215. For practical purposes the Ministry of
Public Health and Social Welfare issued an order prohibiting the sale of
alcoholic beverages
to children aged under 18 years, and the sale of alcohol in
stores after midnight is prohibited.
1216. The first MERCOSUR regional
conference on abuse of alcohol and other drugs was held on
29-30 August
1997 in Asunción, under the auspices of the Health Ministry, in order to
discuss public policy and the importance
of the contribution of the private
sector to treatment, prevention and research. There was an exchange of
international experience
concerning epidemiological research, which may be
addressed in MERCOSUR at the regional level in the future.
(a) the inducement or coercion of a child to
engage in any unlawful sexual activity;
(b) the exploitative use
of children in prostitution or other unlawful sexual
practices;
(c) the exploitative use of children in pornographic
performances and materials.
1217. Article 135 of the new Criminal
Code, which was to enter into force on 1 November 1998, states with respect to
the sexual abuse
of children:
"1. Anyone who commits sexual acts with a child or induces a child to commit
such acts himself or with third parties shall be sentenced
to a term of
imprisonment of up to three years or to a fine. Anyone who commits manifestly
sexual acts in front of a child and directed
at that child or who induces a
child to commit such acts in front of himself or third parties shall be liable
to the same penalties.
2. In the cases referred to in paragraph 1 the term of imprisonment shall
be increased to up to five years if the perpetrator:
(1) In the commission of the offence subjects the victim to serious
physical maltreatment;
(2) Has abused the victim on several occasions;
(3) Commits the offence with his biological or adopted child or with his
stepchild or with a child for whose education, guardianship
or foster care he is
responsible;
3. If several of the aggravating circumstances referred to in paragraph 2
are present, the perpetrator shall be sentenced to a term
of imprisonment of up
to six years.
4. In the cases referred to in paragraph 1 the term of imprisonment shall
be two to 10 years if the perpetrator engages in coitus
with the victim.
5. A fine shall be imposed on anyone who:
(1) Performs in front of a child exhibitionist acts likely to disturb him;
or
(2) Using obscene language or pornographic publications within the meaning
of article 14.3, approaches a child in order to stimulate
him sexually or
cause him to feel rejection of sex;
6. If the perpetrator is aged under 18 years, the penalty may be
waived.
7. In the cases referred to in paragraphs 1 and 5 criminal prosecution may
be waived if criminal proceedings will intensify disproportionately
the harm
caused to the victim.
8. For the purposes of this article "child" means a person aged under 14
years".
Article 136 states with respect to the sexual abuse of persons
under guardianship:
"1. Anyone who commits sexual acts with a person:
(1) Not younger than 14 years or older than 16 years, for whose education,
foster care or guardianship he is responsible,
(2) Not younger than 16 years or older than the age of majority, whose
education, foster care or guardianship is the responsibility
of the perpetrator
who, abusing the child's state of dependence, subject's him to his will,
(3) Who is a biological or adopted child or a child of a spouse or
common-law spouse, or
(4) Who induces a child to commit sexual acts on him,
Shall be sentenced to a term of imprisonment of up to three years or to a
fine. Anyone who commits sexual acts in front of a child
and directed at that
child or induces a child to commit sexual acts in front of himself or third
parties shall be liable to the same
penalties.
2. Anyone who approaches a child with obscene language or pornographic
publications within the meaning of article 14.3 in order
to stimulate him
sexually or cause him to feel rejection of sex shall be sentenced to a fine of
up to 180 days' wages".
Article 137, on rape of an under-age female,
states:
"1. A male who persuades a female aged between 14 and 16 years to engage in
extramarital coitus shall be sentenced to a fine.
2. If the perpetrator is aged under 18 years, the penalty may be
waived".
Article 138, on homosexual acts with children, states:
"Any person having reached the age of majority who commits sexual acts with
a person of the same sex aged under 16 years shall be
sentenced to a term of
imprisonment of up to two years or to a fine".
Article 139, on
procurement, states:
"1. Anyone who procures the prostitution of:
(1) A person aged under 18 years,
(2) A person aged between 18 years and the age of majority by exploiting
his or her vulnerability, trust or innocence, or
(3) A person aged between 18 years and the age of majority for whose
education he is responsible,
Shall be sentenced to a term of imprisonment of up to five years or to a
fine.
2. If the perpetrator acts for profit the term of imprisonment shall be
increased to up to six years. The provisions of articles
57 and 94 shall also
apply.
3. If the victim is under 14 years of age, the term of imprisonment shall
be increased to up to eight years".
Article 140, on pimping,
states:
"Anyone who exploits a person engaging in prostitution and takes his or her
earnings shall be sentenced to a term of imprisonment
of up to five
years".
1218. The measures to prevent all forms of sexual exploitation
and sexual abuse and to protect children are implemented by the country's
municipalities through their children's agencies (called Community Centre for
the Protection of Children (CECODIN) in Asunción
and Commission on the
Rights of the Child (CODENIS) in the interior, with a view to ensuring that
children's rights to life, development,
protection and participation are
recognized, respected and safeguarded.
1219. Attention is drawn to the
work of CECODIN, which has been operating in Asunción since
17 August 1995, carrying out its
activities through neighbourhood groups
under a programme based on the following statistical targets:
The proposals contained in the National Plan of Action for Children for
improvement of the quality of life of children living in
particularly difficult
circumstances in terms of their rights to health, nutrition, education,
participation and protection;
The proposals contained in the Strategic Social Development
Plan.
1220. Organization and participation: established from the outset
of the effort to tackle this problem, in terms both of its study
and of the
identification of possible solutions. To this end, a space was created for the
participation of the actors involved in
children's social development and the
protection of their rights: civic organizations and local
authorities.
1221. This approach resulted in the creation and
consolidation of a space for the defence and promotion of the rights of the
child
in the districts of Asunción subject to the decentralization of the
metropolitan area (the municipal centres), a space promoted
by the Department
for Children and Young People of the Directorate for Social Affairs and by the
municipal centres themselves and
organized civil society in the shape of
CECODIN.
1222. The following projects are planned for
1998:
1. Action on cases of infringement of the rights of the
child;
2. Publicizing and promotion of the rights of the child;
3. Action on cases of child abuse in districts of
Asunción.
1223. The future plans
include:
1. Establishment of a support network for the
programme;
2. Formation of youth-leader groups;
3. Formation
of CECODIN children's groups.
1224. From the outset of the implementation
of CECODIN the cases of infringement of children's rights were identified mainly
by the
neighbourhood groups, which noticed an incident or circumstance
prejudicial to those rights.
1225. In response to complaints CECODIN
takes direct action, consistent with the scale of the problem, in the form of
individual interviews
or conciliation meetings with the parties and always
ensuring that the best interests of the child take precedence in any agreed
solution.
1226. If a case, such as a health problem, requires specialized
attention or intervention by the judicial authorities it is referred
to them.
CECODIN monitors such cases and, once a solution is in sight, takes the
necessary follow-up action.
1227. If a case is brought before the courts
CECODIN does not attempt conciliation of the parties but it does provide
assistance to
the affected children and their families (support for victims, for
instance).
1228. It should be noted that the work of CODENIS in the
interior of the country has still not had any great impact since CODENIS
was
created only recently; its problems and achievements will therefore be assessed
at a later stage. The work of CECODIN has had
an impact, which is why its
activities have been discussed at some length.
1229. The Department for
Assistance to Victims of Crime is responsible for helping the victims of sexual
offences; according to information
from the Attorney-General's Office, sexual
violence is a category which includes rape and attempted or frustrated rape,
sexual abuse,
indecent behaviour, and indecent assault.
1230. Thirty-two
per cent of the persons assisted in 1997 were victims of this type of crime; a
disaggregation by sex shows that 36%
of the females and 18.6% of the males had
suffered the consequences of some kind of sexual violence.
1231. The
Juvenile Complaints Department was created in July 1997 with a view to improving
the services to the public, because formerly
complaints were received by the
juvenile procurators, who could not give them due attention owing to their
excessive workload. The
office is manned by a procurator, who receives
complaints of abuse of children up to 20 years of age. The situation is
different
when a child is a perpetrator and has committed an offence addressed
and punishable by law; the age-limit is then 14 years.
1232. According to
the statistics on sexual violence, there were 16 cases involving male and
97 involving female victims, for a total
of 113 cases in
1997.
159. Reports should also indicate, inter
alia:
- Information, awareness and education campaigns to prevent any form of
sexual exploitation or abuse of the child, including campaigns
undertaken in
cooperation with the media
1233. In addition to taking up cases of
abuse (in all its versions) and cases requiring extensive intervention, CECODIN
also runs
a programme of primary prevention of abuse in the form of information
and training workshops on this problem; the programme operates
at two
levels:
(i) "Defenders of children" neighbourhood groups: instruction in how to
halt abuse and intervene in cases of abuse;
(ii) Community: priority is given to workshops on abuse and sexual abuse in
districts where these offences are common.
1234. Primary prevention is
regarded as fundamental, not only to reduce the incidence of cases but also to
bring home to society the
fact that children have rights. One result is that
when the subject of abuse is publicized and discussed it often happens that
apparently
more cases surface in these districts: they existed before but were
not reported.
1235. Representatives of neighbourhood groups took part in
seven radio and television programmes on the rights of the child, with
specific
rights singled out for attention; training materials were produced for use with
neighbourhood groups.
- Any national and multidisciplinary strategy developed to ensure
protection of children below the age of 18 against all forms of
sexual
exploitation and abuse, including within the family
1236. Information
about strategies is given in the preceding section; 84% of the cases of sexual
exploitation and abuse reported to
CECODIN occurred in the
family.
1237. Referral of such cases to the judicial authorities is
mandatory, with subsequent follow-up and periodic evaluation.
1238. In
all cases the intervention is determined by the best interests of the child, and
the facts are kept from the public in order
to prevent any social ostracisation
of the affected families in the efforts to eradicate this kind of conduct, the
main victims of
which are children.
1239. The Juvenile Complaints
Department is also responsible for receiving complaints, as discussed above; it
supplements the work
of the guardianship and correctional procurators. The
complaints are examined and processed in the Department's offices and signed
by
the duty procurator before being referred to the duty guardianship or
correctional magistrate as appropriate.
- Any coordinating and monitoring mechanism established for that
purpose
1240. At the institutional level there is the network for
care of abused children made up of governmental and non-governmental bodies
involved in the defence of the rights of the child within their individual
spheres of action. This national network was created
with UNICEF support and it
operates under the auspices of the National Centre for the Protection of the
Rights of the Child (CENADI).
1241. The network consists of the following
bodies:
Department for Assistance to Victims of Crime;
Juvenile
correctional court of the second roster;
Tekojojá
Foundation;
National Police (Department of Juvenile and Family
Affairs);
Department of Mental Health, Ministry of Public Health and Social
Welfare;
Commission on the rights of the child of the municipality of Luque and Pedro
Juan Caballero;
Dr. Carlos Santiviago Casa Cuna;
Don Bosco Roga
home;
Santa Teresita children's home;
National Home for Children
and the Elderly;
San Francisco de Asis children's home;
San
Vicente home;
Rosa Virginia children's home;
Santa Lucía
de Marillac home;
Instituto del Mañana of the Las Residentas
Foundation;
National Children's Home of the Ministry of Justice and
Labour;
Santa Eufrasia home;
Interdisciplinary centre for social law and political economy (Catholic
University);
Attorney-General's Office (Judicial Investigation
Centre);
Kuña Aty Foundation;
Secretariat for Women of
the Office of the President;
Community Education Support Base
25
November women's collective (Casa de la Mujer);
Christian Association of
Youth;
DEQUENI Foundation;
Callescuela
Foundation;
National Hospital;
First Aid
Hospital;
Barrio Obrero Hospital (health centre No.
2);
Outpatients unit of the paediatrics department of the Clinical
Hospital;
Barrio San Pablo mother and child hospital
Fernando de
la Mora mother and child hospital;
Santísima Trinidad mother and
child hospital;
Loma Pyta mother and child hospital;
San Lorenzo
regional hospital;
Caacupé regional hospital;
Health
region XIII (Amambay Department);
Reina Sofía mother and child
hospital (Paraguayan Red Cross);
ATYHA;
Children's Department
(Directorate-General for Social Welfare);
Global Infancia;
San
Cayetano community clinic.
- The relevant indicators identified and used
1242. As yet
there are no indicators but only statistics giving an overview of the
situation.
1243. In order to obtain data, research was carried out with
UNICEF support in Asunción and Ciudad del Este, where cases of
sexual
exploitation are commonest; the findings are noted below.
1244. Sweeps
were carried out in June 1996 in Asunción and Greater Asunción by
the judicial authorities and the National
Police to rescue children suffering
sexual exploitation; they were taken to the Women's Commissariat and their
parents or the persons
responsible for them were subsequently called in, so that
contact could be made with them and the children delivered into their
care.
1245. In addition, for three weeks in September 1996 the newspaper
ABC Color carried out an investigation of suggestive press advertisements
for sauna and massage parlours. Either by telephone or personal
application in
response to 24 ostensible offers of saunas or massages a journalist and a
photographer were able to "hire" sexually
exploited boys or girls in what is
known as the "Sex Supermarket: Children for Sale".
1246. The National
Police offers a total of 420 female sex workers in Asunción, all over the
age of majority. The Anti-AIDS
Programme is approached, every month and in
Asunción alone, by 400 female sex workers seeking regular medical
checks. Most
of them are brought in by the madames or managers of the more or
less official brothels in the city centre. It is clear that the
vast majority
of sexually exploited girls do not usually turn to the Programme, for only 40
(all aged 18 or 19) regularly undergo
the Programme's checks. This is no doubt
due to the legal sanctions to which brothel keepers are
liable.
1247. Furthermore, 136 of 210 female sex workers surveyed in
Asunción were under age (65%), and 107 of 160 female sex workers
surveyed
in Ciudad del Este were also under age (67%).
Contact points and risk areas
Contact points and Number of female sex workers*
risk areas (including minors)
Bars
1. Barrio San Pablo (1)* 20
2. Barrio Encarnación (3)* 83
3. Barrio Vista Alegre (3)* 80
4. Barrio Mariscal José Félix Estigarribia (1)* 30
5. Barrio Catedral (2)* 45
6. Barrio Dr. Francia (2)* 30
7. Barrio San Roque (1)* 18
Subtotal 306
Night clubs
8. Barrio Encarnación (3)* 105
9. Barrio Catedral (1)* 25
Subtotal 130
Saunas
10. Barrio Catedral (2)* 28
11. Barrio
Encarnación (2)* 30
12. Barrio Jara (1)* 10
13.
Barrio Mariscal San Roque (1)* 15
14. Barrio San Vicente (1)* 12
Subtotal
95
Motels
15. Barrio Dr. Francia (1)* 15
16.
Barrio Ñu Guazú (2)* 42
17. Barrio Encarnación
(4)* 99
18. Barrio Catedral (3)* 76
19. Barrio Terminal (1)* 25
Subtotal 257
20. Plaza Uruguaya
50
21. Port of Asunción 50
22. Bus
terminal 150
23. Barrio Bernardino Caballero 80
24.
Barrio Dr, Roberto L. Pettit 50
25. Barrio San Blas
60
26. Barrio Tablada 80
27. Barrio Ricardo Brugada
(Chacarita) 100
28. Barrio Bañado 40
29. 4
Mojones 250
30. Mercado de Abasto 150
31. Mercado
4 100
32. Avenida Fernando de la Mora 100
33.
Avenida A. de Figueroa 50
34. Avenida Mariscal López
50
35. Avenida Artígas 40
36. Avenida Felix
Bogado 30
37. Avenida Sacramento 60
38. Calle
Gral. Diaz 150
39. Calle Oliva 150
40. Avenida Madame Lynch/Avenida Eusebio Ayala 100
Subtotal 1,890
Total
26,688
1248. These data were taken from a UNICEF report on the sexual
exploitation of children.
- Legislation developed to ensure effective protection of child victims,
including through access to legal and other appropriate
assistance and support
services
1249. Reference has already been made to the Criminal Code
in the preceding section.
- Whether sexual exploitation and abuse of children, child prostitution
and child pornography, including the possession of child
pornography, and the
use of children in other unlawful sexual practices are considered criminal
offences
1250. A response has been given in paragraph 1126.
- Whether the principle of extraterritoriality has been incorporated in
the legislation to criminalize the sexual exploitation of
children by nationals
and residents of the State party when committed in other
countries
1251. Article 9 of the Criminal Code states:
"1. Paraguay's criminal law shall apply to the other acts committed abroad
only when:
(1) The act is punishable under the criminal law in the place where it is
committed;
(2) At the time of the commission of the act the perpetrator:
(a) Possessed Paraguayan nationality or acquired it after the commission
of the act;
(b) Lacking nationality, he was in the national territory and his extradition was refused even though, by virtue of the nature of the act, extradition was legally admissible.
The provision contained in this subparagraph shall also apply when no
criminal jurisdiction existed in the place where the act
was committed.
2. The provisions of article 5.2 shall also apply in this respect ["If the
penalty changes during the commission of the punishable
act the law applicable
at the time of the termination of the act shall apply"].
3. The penalty may not be heavier than the one established in the current legislation of the place where the act is committed".
- Whether special units of law enforcement officials and police liaison
officers have been appointed to deal with children who have
been sexually
exploited or abused, and whether appropriate training has been provided to
them
1252. As pointed out earlier, the juvenile magistrates and
procurators are responsible for carrying out night patrols in order to
capture
children subjected to sexual exploitation in places of this type. This work is
done with the support of specially trained
police officers. But the operations
are directed by the magistrates and procurators.
- Relevant bilateral, regional and multilateral agreements concluded or
to which the State party may have acceded to foster the prevention
of all forms
of sexual abuse and exploitation and to ensure the effective protection of child
victims, including in the areas of
judicial cooperation and cooperation among
law enforcement officials
1253. Paraguay ratified to the
Inter-American Convention on International Traffic in Minors, adopted on 18
March 1994 in Mexico City.
It deposited the instrument of ratification on 18
May 1998.
- Relevant programmes of technical cooperation and international
assistance developed with United Nations bodies and other international
organizations, as well as with other competent bodies, including INTERPOL, and
non-governmental organizations
1254. No such programmes are
known.
- Relevant activities and programmes developed, including of a
multidisciplinary nature, to ensure the recovery and reintegration
of the child
victim of sexual exploitation or abuse, in the light of article 39 of the
Convention
1255. These activities are the responsibility of the
Department for Assistance to Victims of Crime.
- The measures adopted to ensure respect for the general principles of
the Convention, namely non-discrimination, the best interests
of the child,
respect for the views of the child, the right to life, and survival and
development to the maximum extent possible;
- Relevant disaggregated data on the children concerned by the
implementation of article 34, including by age, gender, region, rural/urban
area, and national, social and ethnic origin. Such data should include the
number of cases in which a child was used in drug trafficking
during the
reporting period; the minimum penalty in the law for using children in drug
trafficking; and the number of cases of commercial
sexual exploitation, sexual
abuse, sale of children, abduction of children and violence against children
reported during this period
1256. Responses on narcotic drugs and
sexual exploitation or abuse have been given throughout this report.
- The progress achieved in the implementation of article 34,
difficulties encountered and targets set
1257. The progress consists
of the achievements of the juvenile magistrates and procurators in their
preventive judicial and police
work in brothels and "pick-up joints" to detect
the presence of children, rescue them and arrest the guilty parties. This is
where
the main difficulty lies. If the children concerned have parents or other
persons legally responsible for them, they are summoned
to a meeting at which
their children are delivered into their care with recommendations for future
conduct. But the situation is
different for children without families, for the
persons responsible for their sexual exploitation usually make a cash
arrangement
with the police for them to be released from custody together with
the children; no details are entered in the record or the record
is made to
disappear. These persons thus go unpunished and tighten their grip on their
victims, who instead of being set free must
continue to furnish their
services.
4. Sale, trafficking and abduction (art. 35)
1258. Article 223
of the new Criminal Code states with respect to trafficking in minors:
"1. Anyone who exploits the poverty, frivolity or inexperience of the holder
of parental authority by offering money and thus secures
the surrender of a
child for adoption or placement in a family shall be sentenced to deprivation of
liberty for up to five years.
The same sentence shall be imposed on anyone
involved in receiving the child.
2. If the guilty party:
(1) Circumvents the legal procedures for adoption or family
placement,
(2) Acts in order to obtain financial gain, or
(3) By his conduct exposes a child to the risk of sexual exploitation or
exploitation of his labour,
The sentence shall be increased to deprivation of freedom for up to 10
years".
1259. Article 126 states with respect to abduction:
"1. Anyone who, in order to obtain for himself or for some other party a
ransom or other improper benefit, deprives a person of his
liberty shall be
sentenced to deprivation of liberty for up to eight years.
2. Anyone who, in order to obtain for himself of for some other party a
ransom or other improper benefit, and with the intention
of causing suffering to
the victim or a third party, deprives a person of his liberty or uses for the
same purpose such a situation
created by somebody else, shall be sentenced to
deprivation of liberty for up to 10 years.
3. If the perpetrator renounces the claimed benefit and sets the victim
free in his local area, the sentence may be reduced in accordance
with article
67. If the victim returns to his local area by other means, it shall be
sufficient for the purposes of this sentence
reduction for the perpetrator to
have made a serious voluntary attempt to accomplish the victim's
return".
1260. Article 129 states with respect to traffic in
persons:
"1. Anyone who by means of force, threat of considerable harm, or deception
conveys another person from the national territory or
brings another person into
the national territory and, exploiting that person's vulnerability, leads him or
her into prostitution
shall be sentenced to deprivation of liberty for up to six
years.
2. If the perpetrator acts commercially or as a member of a gang formed for the commission of acts referred to in the preceding paragraph, he shall be subject to the provisions of articles 57 and 91, which state that a fine shall be imposed in addition to a sentence of imprisonment".
- The legislation adopted to ensure effective protection of children
against abduction, sale and trafficking, including through the
consideration of
these acts as criminal offences
1261. This legislation was mentioned
in the preceding section.
- Awareness and information campaigns to prevent their occurrence,
including campaigns undertaken in cooperation with the media
1262. No
such campaigns have been carried out.
- The allocation of appropriate resources for the development and
implementation of relevant policies and programmes
1263. No resources
are allocated for this purpose.
- Any national strategy developed to prevent and suppress such
acts;
- Any coordinating and monitoring mechanism established for that
purpose
1264. Where national strategy and coordinating and monitoring
mechanisms are concerned, the juvenile magistrates and procurators monitor
night
places such as brothels and "pick-up joints" in order to find and rescue
children exploited sexually in the white slave trade.
They also visit
children's shelters in order to obtain possible reports of trafficking in
children.
1265. In such cases, a decision is taken to return the children
to their parents or to place them in a children's home or with a foster
family,
as appropriate. Sanctions are imposed on the persons legally responsible for
them, with all the consequences mentioned under
guideline 149 (progress and
difficulties).
- The relevant indicators identified and used
1266. The
available statistics are given below.
1267. In 1995 the Juvenile
Complaints Office received one report of the sale of a baby and four reports of
the theft of a baby.
1268. The raids carried out by the Judicial
Investigation Centre resulted in four cases of theft of babies in 1996 and 13
cases of
rescue of children in a situation of danger in 1995 and two in 1996, as
well as two cases of trafficking in babies. Four cases of
trafficking in babies
were investigated in 1995.
- Whether special units have been created among law enforcement officials
to deal with these acts
1269. As already explained, all the
interventions by magistrates and procurators are carried out by police officers
supervised by
the magistrates and procurators.
- Relevant training activities provided to the competent authorities
1270. The Attorney-General's Office organizes regular training course for
juvenile magistrates and procurators and the police. The
training courses are
mentioned in paragraphs 310 to 314 above.
- Structures and programmes developed to provide support services to the
children concerned and to promote their physical and psychological
recovery and
social reintegration, in the light of article 39
1271. There are no
structures and programmes to provide such support services.
- The measures adopted to ensure that in the implementation of
article 35 due consideration is taken of other provisions of the
Convention,
including in the areas of civil rights, particularly in relation to
the preservation of the identity of the child, adoption and prevention
of any
form of exploitation of children, including child labour and sexual
exploitation
1272. These matters have been discussed in the relevant
sections.
- The measures adopted to ensure respect for the general principles of
the Convention, including non-discrimination, the best interests
of the child,
respect for the views of the child, the right to life, and survival and
development to the maximum extent possible.
1273. There are no
measures in this area other than the ones already mentioned in the
report.
1274. The Government ratified the Inter-American Convention
on International Traffic in Minors, adopted in Mexico City on 18 March
1994 at
the fifth Inter-American Specialized Conference on Private International
Law.
1275 When depositing the instrument of ratification with the
Secretary-General of OAS on 18 May 1998 the Ambassador of Paraguay stated
that
the Convention was designed to protect the basic rights and best interests of
the child, and that it was considered to be of
vital importance since it sought
to prevent and sanction the international traffic in minors and regulate civil
and criminal procedures
relating to the movement of children.
1276. The
Ambassador continued: "This Convention is a very important contribution to
fundamental human rights regardless of age, race
or sex". This information was
taken from a press report which appeared in June 1998.
5. Other forms
of exploitation (art. 36)
1277. There are no forms of exploitation other than
the ones described in the preceding section. No replies are therefore given on
the subsequent points.
- The prevalence of any form of exploitation prejudicial to the
child’s welfare;
- Awareness and information campaigns launched, including for children,
families and the public at large, as well as the involvement
of the
media;
- Training activities developed for professional groups working with and
for children;
- Any national strategy developed to ensure protection to the child and
the targets set for the future;
- Any mechanism established to monitor the situation of the child, the
progress achieved in the implementation of this article and
any difficulties
encountered;
- The relevant indicators used;
- Measures adopted to ensure the physical and psychological recovery, as
well as the social reintegration, of the child victim of
exploitation
prejudicial to any aspects of his or her welfare;
- Relevant measures adopted to ensure respect for the general principles
of the Convention, namely non-discrimination, the best interests
of the child,
respect for the views of the child, the right to life and survival and
development to the maximum extent possible;
- The measures adopted to ensure that the implementation of this article
takes into due consideration other relevant provisions of
the
Convention;
- Relevant disaggregated data on the children concerned by the
implementation of this article, including by age, gender, region,
rural/urban
area, and national, social and ethnic origin.
1278. Replies on these
points have been given throughout the report.
D. Children belonging to a minority or an indigenous
group
(article 30)
- To enjoy his or her culture;
- To profess and practise his or her own religion;
- To use his or her own language.
1279. Articles 62 to 67 of
the Constitution state:
"This Constitution recognizes the existence of indigenous peoples, defined
as groups having a culture anterior to the formation and organization of
the
State of Paraguay.
The right of the indigenous peoples to preserve and develop their ethnic
identity in their own lands shall be recognized and guaranteed.
They shall also
have the right to apply freely their systems of political, social, economic,
cultural and religious organization
and to apply a system of voluntary
compliance with their customary laws for the regulation of their internal
relations with each
other, provided that such laws do not encroach on the
fundamental rights established in this Constitution. Customary indigenous law
shall be taken into account in jurisdictional conflicts.
The indigenous peoples have a right to common ownership of land, of
sufficient area and quality for the conservation and development
of their own
styles of living. The State shall provide them with such land free of charge,
and the land shall not be subject to
distraint, division, transfer or
assignation, nor may it be used to guarantee contractual obligations or let out
for rent; this land
shall also be free of taxes. The removal or transfer of the
habitat of indigenous peoples without their express consent is
prohibited.
The indigenous peoples shall be guaranteed the right to participate in the
country's economic, social, political and cultural life,
in accordance with
their customary practices, this Constitution and national law.
The State shall respect the cultural characteristics of the indigenous
peoples, especially with respect to formal education. It
shall also protect
them against demographic regression, depredation of their habitat, environmental
pollution, economic exploitation
and cultural alienation.
Members of the indigenous peoples are exempted from the performance of
social, civil and military service and from holding the public
offices
established by law".
1280. Attention is drawn to the historical fact that
indigenous leaders were present as observers at the Constituent Assembly in 1992
and that they presented and argued for proposals concerning the defence of their
culture and habitat in the working committees.
1281. One point to be
borne in mind in connection with promotion and development programmes is the
language spoken in the home. Most
of the non-indigenous population uses a
combination of Spanish and Guaraní (50%) or Guaraní alone (39%),
while most
of the indigenous population uses ethnic languages (60%) or
Guaraní (38%). The information, education and communication programmes
written in Guaraní are therefore accessible to only a third of the
indigenous population.
166. In this regard, reports should also
indicate inter alia:
- The ethnic, religious or linguistic minorities or indigenous groups
existing within the State party’s jurisdiction
1282. Paraguay
currently has 17 indigenous races making up five linguistic groups; they are
distributed as follows:
(a) The Tupí Guaraní family, to
which all the Guaraní Indians of the eastern region belong: the Mbya
Guaraní,
Paí Tavyterá, Avá Chiripá and Axe
Guayakí ethnic groups. These groups are found from the north
to the
south of the eastern region. The departments of San Pedro, Amambay, Alto
Paraná, Canindeyú, Caaguazú
and Itapúa have the
largest numbers of Guaraní communities. The Chiriguanos and the
Guaraní Ñandeva
are found in the Chaco. These groups currently
live in the northern Chaco in the area of Mariscal Estigarribia;
(b)
The Zamuco linguistic family: the Ayoreos currently live in the central Chaco
and Alto Paraná although their traditional
habitat was in the northern
part of the Chaco and territory now belonging to Bolivia on the frontier with
Paraguay;
(c) The Mataco Mataguayo linguistic family, represented by
the Nivaklé, the Maká and the Manjuy. The Nivaklé
are
found in the central Chaco, along the middle Pilcomayo and in the northern
Chaco. Most of the Maká live in Mariano Roque
Alonso although they
originated in the lower Chaco. The Majuy live mainly in the northern and
central Chaco;
(d) The Guaicurú linguistic family, represented
by the Toba Qom. These indigenous groups are found in the lower Chaco in
two
settlements a few kilometres from Benjamín Aceval;
(e) The
Maskoy family, consisting of the Lengua, the Angaité, the
Sanapaná, the Guaná and the Toba Maskoy.
The Lengua are found in
the lower and central Chaco, the Guaná in Alto Paraná and the
central Chaco, and the Sanapaná
in the lower and central Chaco and Alto
Paraguay. The Angaité live in Alto Paraguay and the lower Chaco, and the
Toba Maskoy
in the central Chaco and Alto Paraguay.
(f) The numbers in
each ethnic group vary considerably, from 9,501 for the Lengua and 8,026 for the
Paí Tavyterá to
the Guaná (84 members) and the Majuy (229)
at the bottom of the range.
This information was taken from a feasibility
study conducted for UNICEF by the journalist Marilyn Rehnfeldt for projects
designed
to improve the situation of the indigenous groups.
- The measures adopted to ensure the preservation of the identity of the
minority or indigenous group to which the child belongs
1283. The
Government adopted the following measures to safeguard the rights of indigenous
peoples:
Issue of title to land occupied by indigenous peoples. Twenty-three
applications for a total of 83,651 hectares were granted to
communities in the
eastern and western regions.
Recognition of the legal personality of eight communities and registration
of 36 leaders in the Register of Indigenous Communities
pursuant to Act No.
904/81.
Provision of support of food production for own consumption and improvement
of health and education standards. These measures were
carried out under
agreements and conventions acceded to by Paraguay which call for priority to be
given to the needs of tribal peoples.
Implementation of technical assistance programmes for production activities
and health care in Mbya and Paí Tavyterá
communities covered by
the "Cuero Fresco - Concepción" projects, the projects on consolidation
of rural settlements (Coronel
Oviedo-Mbutuy, Concepción-Pedro Juan
Caballero) and the indigenous component of the regional programme in the area of
Itapúa.
International bids were invited for the implementation of the indigenous
programme to mitigate environmental impacts in the areas
of Guairá,
Caaguazú, Canindeyú and San Pedro. The indigenous component
includes regularization of landholding,
reforestation, increased production
activities, preventive and curative medicine, and formal and informal technical
assistance.
Some 12,000 kilograms of basic foodstuffs were distributed in more than 29
locations in the lower Chaco and part of the central Chaco
in order to enable
the indigenous communities to establish smallholdings for production of
subsistence items.
More than 30 communities benefited from the provision of basic farming tools
at a cost of 16,350,370 guaraníes. The National
Environmental Health
Service (SENASA) installed 20 wells for the benefit of 17 indigenous communities
in the eastern region and 15
in the Chaco.
This information was taken
from the annual report of the Executive for 1997.
- The measures adopted to recognize and ensure the enjoyment of the
rights set forth in the Convention by children belonging to a
minority or who
are indigenous
1284. The Juvenile Code does not address indigenous
children specifically but merely states that "All children have the right to..."
in reference to the comprehensive protection to which children are
entitled.
1285. Article 3 of the draft Children's Code states:
"This Code shall apply to all children and adolescents living in Paraguayan
territory without any exceptions, regardless of race,
colour, sex, language,
religion, political or other opinion, national origin, ethnic or social origin,
economic position, physical
impediments, or any other circumstance of the child
or adolescent or of their parents, family members, guardians or other persons
legally responsible for them".
Article 6 continues:
"The State shall establish a special system for the administration of
juvenile justice. Judicial and administrative proceedings
involving children or
adolescents belonging to ethnic groups or native or indigenous communities shall
be governed, in addition to
the principles set out in this Code, by the customs
and practices of such groups or communities, provided that they do not conflict
with the provisions of this Code".
1286. These are the only measures
adopted to protect these rights. However, conflicts do arise in practice; they
will be described
under "progress and difficulties".
- The measures adopted to prevent any form of discrimination and combat
prejudice against those children, as well as those designed
to ensure that they
benefit from equal opportunities, including in relation to health care and
education
1287. In addition to the existing legislation, attention is
drawn to the creation at the end of 1993 and to the operations of the
Department
for the Defence of Indigenous Peoples of the Attorney-General's Office, which is
concerned with indigenous problems in
general terms.
1288. This
Department aims to establish and supervise compliance with the constitutional
rights and safeguards of the indigenous peoples,
such as the preservation and
development of their ethnic identity, common ownership of land of sufficient
area and quality, participation
in the country's economic, social, political and
cultural life, and protection against all kinds of discrimination, cultural
alienation,
or depredation of their habitat. It receives and processes
complaints concerning any of the rights of indigenous communities. It
has set
up a support unit for the defence of ethnic rights based on a policy of
involvement of the beneficiaries themselves. In
1996 it dealt with cases
affecting members of the Mbya Guaraní, Chamacoco, Enxet, Ava
Guaraní and Ayoreo ethnic groups.
- The measures adopted to ensure respect for the general principles of
the Convention, namely the best interests of the child, respect
for the views of
the child, the right to life, and survival and development to the maximum extent
possible, as well as non-discrimination
1289. In its Title on
indigenous peoples the Constitution itself indirectly guarantees respect for
these principles; this guarantee will be consolidated by the entry into force of
the draft
Children's Code, for this legal instrument was drafted in the light of
the principles of the Convention. From that time the State
will have to take
measures to back up the theoretical and practical frameworks of human
rights.
- The measures adopted to ensure that in the implementation of the rights
recognized in article 30 due consideration is taken of
other provisions of
the Convention, including in the areas of civil rights, particularly in relation
to the preservation of the child’s
identity, family environment and
alternative care (for example art. 20, para. 3 and art. 21), education and
the administration of
juvenile justice
1290. In the context of the
Education Reform as it relates to the education of indigenous children, in
coordination with the Health
Ministry and on the basis of respect for native
culture, the Government is introducing education in the mother tongue in all of
the
country's indigenous schools; it is also distributing school materials to 33
schools in the western region and 50 in the eastern
region. Indigenous children
show a big deficit in school enrolment, calculated to amount to a gap of about
10 years in comparison
with the urban population. The illiteracy rate is
four and a half times higher among the indigenous population than among
Paraguay's
other rural inhabitants, and its average number of years of formal
schooling is three times lower. There are also more disparities
between the
sexes in the indigenous population than among rural children: more females
lacking any level of education, and fewer
males attending primary school.
Further details will be found in the statistical tables in the
annexes.
1291. It will have to be seen whether the entry into force of
the new Children's Code will cause due attention to be given to the
personal
circumstances of indigenous children and their practices and customs; no
practical account is taken of this theoretical
principle at
present.
1292. Registry offices have been opened in indigenous
settlements in various localities in an effort to safeguard the identity of
indigenous children and encourage the registration of their birth; instruction
is being given to the Indians themselves to act as
officials of the Civil
Register.
1293. Article 18 ("Errors as to legal circumstances") relates
to the administration of justice for indigenous juveniles:
"1. A person who commits an act by error or out of ignorance of a legal
provision shall not be deemed to have committed a wrongful
act. This shall not
exclude his liability to punishment pursuant to a law which sanctions the
wrongful conduct.
2. A person who, in the commission of an act, misinterprets circumstances
falling within the scope of a more favourable law shall
be punished for a
wrongful act solely in accordance with that law".
1294. Article 26 of the
new Code of Criminal Procedure states:
"A public action shall likewise be discontinued in the case of wrongful acts
affecting the legal property of an indigenous community
or the personal property
of one of its members, and both the accused and the victims or, where
appropriate, their family members
shall accept the manner in which the community
resolves the dispute in accordance with its own customary law.
1295. In
such cases any member of the indigenous community may apply for a declaration of
discontinuation of the public action before
a justice of the
peace.
1296. The justice of the peace shall summon the victim or his
family members, the accused, a representative of the Public Prosecutor,
and the
legal representatives of the community designated by the victim and the accused
to an oral hearing within three days of the
submission of the application, in
order to ascertain whether the requirements of this article and the National
Constitution have been satisfied".
1297. Furthermore, Title VI
establishes the procedure in respect of wrongful acts affecting indigenous
peoples:
"Article 432. If the accused is a member of and resides permanently in an
indigenous community or if the community or one of its
resident members is the
victim of a wrongful act, the rules set out in this Title shall apply.
Article 433. The preliminary proceedings shall be governed by the common
provisions with the following modifications:
(1) It shall be mandatory for the investigation to be conducted with the
assistance of a consultant specializing in indigenous
affairs;
(2) In connection with orders of pre-trial detention, when assessing the
appropriateness of such a measure the judge, at the request
of the defence,
shall call for an expert report on the living conditions of the accused in
prison, taking into account his cultural
characteristics, and if necessary the
judge shall formulate recommendations to prevent cultural alienation.
(3) The investigation shall be supervised by the judge in ordinary
proceedings, and before ruling on any essential point he must
hear the opinion
of an expert.
"Article 434. The following rules shall apply during the intermediate stage
of the proceedings:
(1) Once the preliminary proceedings have been completed, the judge shall
summon the Public Prosecutor, the accused and the victim
to a hearing, together
with any members of the community designated by either of the two parties, in
order that, having been advised
by the expert in the case, they may formulate a
common agreement on the mode of reparation, which may include any measure
authorized
by this Code or any of the measures accepted by the culture of the
ethnic group, with a view to bringing the proceedings to a conclusion,
provided
that the said agreement does not infringe the fundamental rights established in
the Constitution and in current international law.
(2) If the parties reach an agreement of their own accord, the judge shall
approve it and terminate the proceedings, having specified
with absolute
precision the rights and obligations of the parties and the maximum time-limit
for the notification of any legal defect;
if no such defect is notified before
the expiry of the time-limit, the public action shall be declared
discontinued.
(3) If the parties do not reach an agreement by common accord or if the
agreement is not fulfilled, the case shall be continued
in ordinary
proceedings.
(4) The discontinuation of a public action is not subject to
appeal.
(5) The statements of the accused during the hearing and his readiness to
reach an agreement shall not interpreted as an indication
of his guilt or an
admission of the facts.
Article 435. Trials shall be held in accordance with the rules governing
ordinary proceedings, with the following modifications:
(1) It shall
be mandatory for a new expert to be appointed.
(2) Provided that such a move does not impair the principles and
safeguards contained in the Constitution, current international law and this
Code, the court may by a reasoned decision make changes in the procedure in
order to take account
of the cultural characteristics of the accused's ethnic
group; such changes shall be communicated to the parties sufficiently well
in
advance.
(3) Before the sentence is handed down the expert shall deliver a final
report, which shall be assessed according to the common
rules; the expert may
speak during the judges' deliberations but shall not have a vote.
(4) The court's decision shall state expressly the customary law applied
or invoked in the proceedings with regard both to the
resolution of the case and
to the procedural changes and it shall include an assessment of their
significance and scope.
Article 436. Decisions of the judges or the court shall not be subject to challenge by means of ordinary proceedings.
Article 437. If the sentence is one of deprivation of liberty for a period
of less than two years, any legal representative of a
community of the accused's
ethnic group may propose to the enforcement judge an alternative manner of
enforcing the sentence in order
to comply more effectively with the purposes of
the Constitution and secure fuller respect for cultural identity.
The judge shall rule on this point in a hearing attended by the convicted
person, the victim and the Public Prosecutor.
If the proposal is accepted, arrangements shall be made for enforcement of
the sentence.
Article 438. Following an examination of the merits of the candidates, the
Supreme Court of Justice shall draw up a list of experts
in the various
indigenous cultures, preferably anthropologists. This list shall be communicated
to the judges and the Public Prosecutor".
1298. According to the study
made for the Department of Criminal Policy and Criminology by Gloria Franco
Pérez, three of the
87 juvenile detainees (3.4%) were Indians (sex not
specified) who did not have the services of an interpreter when making their
statements
even though they did not speak Spanish; two such juveniles did have
interpreters.
- Relevant disaggregated data on the children concerned, including by
age, gender, language, religion, and social and ethnic
origin
1299. These data will be found in the annexes.
- The progress achieved and the difficulties encountered in the
implementation of this article, as well as any targets set for the
future.
1300. The national reality is manifest indeed: little or
nothing is being done for the indigenous peoples or in defence of their rights.
The State and the institutions which it has created for these purposes will have
to join forces in the formulation of policies and
programmes. Only actions can
demonstrate the existence of a firm political will, for no amount of theory
serves any purpose unless
matched by a corresponding amount of practical
action.
1301. Children are now losing their moral as well as their
cultural values because they have no real possibility of securing a decent
life.
Very large numbers of adult Indians give themselves up to drink, yet they are
the persons bearing the main responsibility for
transmitting to their children
the traditions, culture and values that pass from generation to generation.
With such an attitude
to life, what kind of example are adults setting for
children?
1302. Another problem is the epidemic of suicide by hanging
which broke out some 10 years ago in the Paí Tavyterá people
among
children and young people in the 8-25 age range. Their suicide rate is
generally five to six times higher than that of any
industrialized country. The
causes suggested are very uncertain: there may be widespread depression
resulting from their material
deficits - principally the loss of humane
conditions in their natural habitat, economic problems, low self-esteem,
etc.
1303. One point to the Government's credit is its restitution of land to
indigenous peoples.
1304. On 17 March 1998 the National Indigenous
Institute acquired an area of 21,884 hectares, including 4,400 square metres in
the
Pozo Colorado-Santa Juanita district, and transferred the title by public
instrument to the Lamenxay and Kayleyhapopyet communities,
both belonging to the
Enxet Sanapaná people.
---------------------
[1] Translator's note: the Spanish text refers throughout to "children and adolescents" because in Paraguay's legislation a child as defined in the Convention (under 18) may be either a "child" (under 12) or an "adolescent" (12-18). See paragraph 173 below on the definition of the child in the new draft Children's Code. Except in direct quotations from Paraguay's legislation the English translation uses "child" throughout in the Convention's sense, which covers both Paraguayan possibilities.
[2] UNDP, Human Development 1996; summary version of the World Report.
[3] World Summit for Social Development. Republic of Paraguay, National Report of the President of the Republic, 1996.
[4] Céspedes, Roberto, Trabajo infanto-juvenil severo en el Paraguay, 1995.
[5] According to data from the various social security funds.
[6] In 1996 the economically active population was estimated at 1,685,950 (DGEEC/STP).
[7] Report of the consultant Amparo Cruz Saco produced for the Sectoral Investment Programme, Ministry of Finance, 1994.
[8] Sectoral Investment Programme, operations plan.
[9] [This text of article 123 differs from the text quoted in paragraph 1161 above.]
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