CRC/C/CHN/CO/2
page 8
43.
The Committee recommends that the State party continue to strengthen its efforts
to ensure that all children, in particular girls and children with disabilities, are registered
immediately after birth and to provide flexible measures to allow older children who have
not been registered to do so throughout mainland China, with a particular emphasis on
rural areas. It further suggests that the State party consider revising the Hukou system of
registration in order to reinforce such initiatives.
Freedom of religion
44.
While noting the adoption of the Regional Ethnic Autonomy Act in 2001, which
guarantees freedom of religion for ethnic minorities in mainland China, the Committee is
concerned about reports that children, in particular Tibetan Buddhist, Uighur and Hui children,
have been restricted in studying and practising their religion, and some cases have been detained
for participating in religious activities. It is also concerned at reports that children of families
practising their religion, notably the Falun Gong, are subject to harassment, threats and other
negative actions, including re-education through labour. The Committee notes the information
provided about the Gedhun Choekyi Nyima, but remains concerned that it has not yet been
possible to have this information confirmed by an independent expert.
45.
The Committee recommends that the State party take all necessary measures to
ensure the full implementation of the Regional Ethnic Autonomy Act. In particular, the
Committee recommends that the State party:
(a)
Enact legislation explicitly guaranteeing freedom of religion for those
under 18 that is not tied to a limited number of recognized faiths, and which respects the
rights and duties of parents to give guidance to their children in the exercise of their rights
in this regard in a manner consistent with the evolving capacities of the child;
(b)
Repeal any ban instituted by local authorities on children of any age from
participating in Tibetan religious festivals or receiving religious education;
(c)
Repeal any ban instituted by local authorities on children of any age from
attending mosques or receiving religious education throughout the mainland;
(d)
Take all necessary measures to ensure that children may choose whether to
participate in classes on religion or atheism;
(e)
Allow an independent expert to visit and confirm the well-being of
Gedhun Choekyi Nyima while respecting his right to privacy, and that of his parents.
Corporal punishment
46.
The Committee is concerned that in mainland China the existing regulations banning
corporal punishment in schools are unevenly implemented. It is also concerned that corporal
punishment in the home is not banned and continues to be socially acceptable.
47.
The Committee is concerned that corporal punishment within the family is not prohibited
by law and continues to be practised in the home in the Hong Kong and Macau SARs.