Committee on the Rights of the Child

Concluding observations on the combined third to sixth periodic reports of Cuba *

I.Introduction

1.The Committee considered the combined third to sixth periodic reports of Cuba at its 2596th and 2597th meetings, heldon 11 and 12 May 2022, and adopted the present concluding observations at its 2630th meeting, held on 3 June 2022.

2.The Committee welcomes the submission of the combined third to sixth periodic reports of the State party and the written replies to the list of issues, which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses its appreciation for the constructive dialogue held with the high-level and multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

3.The Committee welcomes the progress achieved by the State party in various areas, including the adoption of a new Constitution in April 2019 which recognizes children as the subject of rights and integrates the principle of the best interests of the child. The Committee welcomes the various legislative, institutional and policy measures taken by the State party to implement the Convention, including the allocation of 48.7 per cent of the State budget to health and education, and the significant progress in reducing child mortality.

III.Factors and difficulties impeding the implementation of the Convention

4.The Committee notes the continuing negative economic and social effects of the embargo imposed by the Unites States of America, which limits children’s enjoyment of their rights and the full implementation of the Convention.

IV.Main areas of concern and recommendations

5.The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: freedom of association and peaceful assembly (para. 26), sexual abuse (para. 32), children deprived of a family environment (para. 35), nutrition (para. 41), inclusive education (para. 44) and child justice (para. 48).

6. The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention, the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child prostitution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children.

A.General measures of implementation (arts. 4, 42 and 44 (6))

Legislation

7. The Committee recommends that the State party develop a comprehensive law on children ’ s rights and continue to review its existing laws related to children ’ s rights, in particular the draft Family Code, to ensure that they are in full compliance with the principles and provisions of the Convention.

Comprehensive policy and strategy

8. The Committee notes that the National Action Plan for Children, Adolescents and their Families (2015–2020) is the Government ’ s policy document on children ’ s rights and recommends that the State party evaluate it and update it, assign the appropriate budget for its implementation, make it publicly available and ensure children can take part in discussing and elaborating future plans.

Coordination

9. The Committee takes note that the First Vice-President of the Council of State and the Council of Ministers is the national authority responsible for children ’ s rights but urges the State party to establish a dedicated body at a high interministerial level with a clear mandate and sufficient authority to coordinate all activities related to the implementation of the Convention at cross-sectoral, national, regional and local levels. The State party should ensure that the said coordinating body is provided with the necessary human, technical and financial resources for its effective operation .

Allocation of resources

10. Recalling its general comment No. 19 (2016) on public budgeting for the realization of children ’ s rights, and taking into consideration that the Constitution of 2019 establishes a degree of financial autonomy for the municipalities, the Committee recommends that the State party:

(a) Utilize a child-rights approach in the elaboration of the State budget, by implementing a tracking system for the allocation and the use of resources for children throughout the budget. The State party should also use this tracking system for impact assessments on how investments in any sector may serve the best interests of the child, ensuring that the different impact of such investment on girls and boys is measured;

(b) Ensure transparent and participatory budgeting through public dialogue, especially with children and adolescents, and for proper accountability of local authorities.

Data collection

11. Recalling its general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee recommends that the State party continue to invest in collecting comprehensive and multidimensional data on all areas of the Convention and the Optional Protocols thereto , disaggregated by age, sex, geographic location, ethnicity and socioeconomic background, paying particular attention to domestic violence, sexual abuse, school dropout and the child justice system.

Independent monitoring

12. The Committee recalls its previous recommendations and, taking note of the information provided in paragraphs 22 to 27 of the State party ’ s report, recommends that the State party :

(a) Establish as soon as possible an independent mechanism for monitoring human rights, including a specific mechanism for monitoring children ’ s rights that is able to receive, investigate and address complaints by children in a child-sensitive and child-friendly manner ;

(b) Guarantee the independence of such monitoring mechanism, including with regard to its funding and mandate, so as to ensure its full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles);

(c) Seek, in this regard, technical cooperation from the Office of the United Nations High Commissioner for Human Rights, the United Nations Children ’ s Fund and the United Nations Development Programme, among other entities.

Dissemination, awareness-raising and training

13. The Committee welcomes the actions undertaken to strengthen knowledge among children and training of professionals on children ’ s rights and recommends that the State party continue to invest in awareness-raising programmes, including campaigns, in cooperation with civil society organizations, to ensure that the Convention and the Optional Protocols thereto are widely known by the general public, and in particular by parents and children themselves.

Cooperation with civil society

14. The Committee notes the high level of participation of civil society in the drafting of the Constitution of 2019 and recommends that the State party promote an independent and plural civil society and continually cooperate with non-governmental organizations and children ’ s organizations in the planning, implementation, monitoring and evaluation of policies, plans and programmes related to children ’ s rights.

Children’s rights and the business sector

15. Taking into consideration the Constitution of 2019 and the new Cuban economic model allowing for some activities to be carried out by private actors, and recalling its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children ’ s rights and the Guiding Principles on Business and Human Rights endorsed by the Human Rights Council in 2011 , the Committee recommends that the State party:

(a) Establish and implement regulations to ensure that the business sector complies with international and national human rights, labour, environment and other standards, particularly with regard to children ’ s rights;

(b) Undertake awareness-raising campaigns with the tourism industry and the public at large on the prevention of sexual exploitation of children in the context of travel and tourism and widely disseminate the World Tourism Organization global code of ethics for tourism among travel agents and in the tourism industry;

(c) Strengthen its international cooperation against sexual exploitation of chi