A/HRC/16/8
against minors in the home). Ill-treatment was punishable as a misdemeanour in the
absence of injury and as a major or minor offence according to the seriousness of any injury
inflicted. Ill-treatment committed in the home was considered an aggravated offence.
50.
In the Andorran courts, according to judicial statistics for 2009, 19 criminal
proceedings had been initiated for corporal punishment or deliberate humiliations inflicted
on minors within the home.
51.
Ms. Maria Ubach, Director of Multilateral Affairs and Cooperation at the Ministry
of Foreign Affairs and Institutional Relations, referring to the international instruments that
Andorra had not yet ratified, said that the country’s modest human resources had to be
borne in mind, since they meant that new accession procedures could be undertaken only
gradually.
52.
Andorra had not yet ratified the International Covenant on Economic, Social and
Cultural Rights. The question on discrimination on grounds of national origin in the
exercise of economic rights and the question on the right to strike needed careful
consideration. The right to strike was recognized in article 19 of the Constitution, which
laid down the right of workers and employers to defend their economic and social interests.
The implementing provisions of the right to strike were to be embodied in a law, which the
Government was intending to promulgate at the same time as it acceded to the Covenant, as
stipulated in article 24 of the qualified majority Act (llei qualificada) regulating State
activity in the matter of treaties.
53.
Spain stated that Andorra had ratified most of the international human rights
instruments and, since the approval of the Constitution in 1993, had established a legal
framework to ensure the protection of human rights. Spain welcomed the abolition of the
death penalty under the Constitution, the broad definition of motives for penalizing
discrimination, and Andorra’s cooperation with international human rights mechanisms. It
also welcomed the announcement by the delegation of Andorra’s intention to issue an open
and permanent invitation to the special procedures of the Human Rights Council. Spain
asked whether Andorra intended to develop its national human rights institution, known as
Raonador al Ciutada, in accordance with the Paris Principles. It made recommendations.
54.
The Republic of Moldova expressed its appreciation for the detailed presentation of
the national report and congratulated the delegation on Andorra’s systematic and focused
approach to human rights, mentioning as examples the initiative to establish objective
indicators on specific topics such as childhood, gender, disabilities, immigration and the
National Action Plan for Equality. The Republic of Moldova highlighted as a good practice
the adoption by Parliament of the Penitentiary Law to guarantee the rights of people
deprived of liberty. It noted with satisfaction the ratification of the Council of Europe
Convention against Human Trafficking. The Republic of Moldova asked whether the
authorities intended to draft a national human rights action plan and to establish a national
independent institution for the promotion and protection of human rights. It made
recommendations.
55.
Turkey stated that, since the adoption of its Constitution, Andorra had ratified more
than 200 conventions and had signed and ratified 40 conventions for the protection of
human rights, which was very encouraging. It stated that it was convinced that Andorra
would persist in its commitment to promoting and protecting human rights. Turkey
welcomed the establishment in 2006 of an integrated support team for women victims of
violence and their minor children. It highlighted the proposal for family reunification for
nationalities that had not benefited from such reunification. It requested further information
about Andorra’s plan of action for dependent persons and about the 2002 juvenile justice
reform. Turkey made a recommendation.
10
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