A/HRC/36/61
F.
Children
39.
It is estimated that two thirds of the Cambodian population are under the age of 30.
Realizing the rights of children is therefore particularly important for the future of
Cambodia, which is a State party to the Convention on the Rights of the Child and has a
number of laws, policies and action plans focusing on children’s rights. As the Special
Rapporteur has already noted, considerable progress has been made on education (see
A/HRC/33/62, paras. 35-37). At the beginning of the reporting period, the new Law on
Juvenile Justice was adopted. The Law seeks to avoid having young offenders tried as
adults and receiving custodial sentences. It covers a number of areas, including drug use,
crime and homelessness (persons in street situations), and encourages the adoption of
management and education strategies that include families and communities in the
implementation of juvenile protection policies. The Ministry of Social Affairs, Veterans
and Youth Rehabilitation is working on the implementation of a number of aspects of the
Law, as is the Ministry of Justice. The promulgation of the Law is undoubtedly a positive
step towards realizing the rights of children. Information received by the Special
Rapporteur in October 2016 indicates that the number of young people in detention was
increasing because of tougher action against drug use and drug-related crime. The
Government should mobilize the human and financial resources necessary to ensure
adequate implementation of the Law on Juvenile Justice, carefully monitor its
implementation and ensure that the provisions of the Convention on the Rights of the Child
are respected.
40.
Cambodia has experienced a number of problems with residential care facilities, in
particular “orphanages”. In recent years, the authorities have striven to close down
disreputable facilities and regulate intercountry adoptions, which it banned while it was
working on strengthening the implementation of the adoption law so as to better protect
Cambodian children and ensure that appropriate safeguards were in place before adoptions
were approved. The Ministry of Social Affairs, Veterans and Youth Rehabilitation launched
an action plan in January 2017 for improving childcare with the target of safely returning
30 per cent of children in residential care to their families over the following two years.
Poverty is a key concern for many children living in residential care. Programmes aimed at
returning children to their families should not only accord with the principle of the best
interests of the child but also address several of the targets of the Sustainable Development
Goals, including reducing poverty (target 1.2), implementing nationally appropriate social
protection systems (target 1.3) and promoting the social, economic and political inclusion
of all (target 10.2).
41.
A number of other issues have been brought to the attention of the Special
Rapporteur that require further investigation. Child labour and trafficking in children are
two examples. During the next reporting period, the Government will complete its periodic
report to the Committee on the Rights of the Child, which is due in 2018.
G.
Persons with disabilities
42.
The Government’s first report to the Committee on the Rights of Persons with
Disabilities was due in January 2015. The fact that the report is overdue is a concern, not
least because the Government frequently reiterates the importance it places on the rights of
persons with disabilities. The Special Rapporteur is aware that persons with disabilities
suffer many disadvantages in Cambodian society. Although this topic has not yet been
examined by the Special Rapporteur in depth, during discussions with ministries and
through field visits it has become apparent that many public services, including health and
education, as well as polling stations, are not physically accessible.
43.
The rights of persons with psychosocial or mental health conditions is particularly
worrying. Notwithstanding the planned facility in Kandal Province previously mentioned,
there is very little professional support available in the country for those with mental health
conditions. Given the recent history of Cambodia, in particular the widespread experiences
of conflict and genocide, this is problematic. The many public statements on inclusivity
made by government ministers, including the Prime Minister, are positive. Cambodia also
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