CRC/C/CHN/CO/2
page 2
5.
The Committee welcomes the State party’s ratification of the 1993 Hague Convention
on Protection of Children and Cooperation in Respect of Intercountry Adoption (No. 33)
on 16 September 2005.
C. Principal subjects of concern and recommendations
1. General measures of implementation
Committee’s previous recommendations
6.
The Committee notes with appreciation that various concerns and recommendations
(see CRC/C/15/Add.56 and CRC/C/15/Add.63 with respect to Hong Kong) made upon the
consideration of the State party’s initial reports (CRC/C/11/Add.7 and CRC/C/11/Add.9 with
regard to Hong Kong as a Dependent Territory of the United Kingdom) have been addressed
through legislative measures and policies. However, some of the concerns it expressed and the
recommendations made have not been sufficiently addressed. For instance:
(a)
With respect to the mainland, the Committee is concerned that there has been
limited progress related to recommendations concerning the establishment of a national human
rights institution (CRC/C/15/Add.56, para. 26) and non-discrimination (ibid., paras. 34 and 35);
(b)
With respect to the Hong Kong SAR, the Committee takes note of the State
party’s explanation that the Committee’s previous recommendations on coordination and
assessment (CRC/C/15/Add.63, para. 20) were not considered practical. Nevertheless, the
Committee remains of the opinion that national legislation and policy must take a holistic and
comprehensive approach to the implementation of the Convention, which requires that priority
be given to children’s issues, that such policy be actively coordinated and that assessments be
made regarding the potential impact of policy decisions on children.
7.
The Committee urges the State party to make every effort to address the
recommendations contained in the concluding observations on the initial reports that have
not yet been implemented, and to address the list of concerns contained in the present
concluding observations on the second periodic report.
Reservations and declarations
8.
The Committee welcomes the withdrawal of the State party’s reservation to article 22
as applied to the Hong Kong SAR. However, it regrets the fact that reservations remain with
regard to article 6 and are applied to the entire State party, and that for the Hong Kong and
Macau SARs reservations with respect to articles 32 and 37 (c) remain in force.
9.
The Committee recommends that the State party review and withdraw all
reservations to the Convention for all areas under its jurisdiction.
Legislation
10.
While welcoming the significant progress made with respect to legislative reform in
mainland China, the Committee is concerned that not all laws applicable to children fully
conform to the Convention.