UNICEF Jordan - Resources - CRC Report (Full Text Version)

Committee on the Rights of the Child Consideration of Reports Submitted By States Parties Under Article 44 of the Convention
Periodical Reports of States Parties due in 2004 (Unofficial Translation)

1. In the World Summit for Children in 1990, world countries and leaders, including Jordan, placed children’s rights and needs on the world agenda for development, thus declaring that by signing the Convention on the Rights of the Child (CRC), Jordan reiterates its commitment to allocating resources, setting plans for the improvement of children’s situation and welfare, modifying its national legislation to conform with the provisions of the Convention and submitting periodic reports on its commitment towards implementing the Convention.

2.Thus, the Government of the Hashemite Kingdom of Jordan approaches the Committee on the Rights of the Child with its third periodic report for the period from 1998 to 2005 in compliance with article 44 of the CRC. The report provides complete information on the measures and actions taken towards the realization and protection of children's rights that are enumerated in the Convention, including amendments to national legislation and policies, programmes and strategies created as part of the implementation of the Convention. In addition, the report provides information on the Committee's concluding observations with regards to the previous periodic report, noting that Jordan submitted its initial report to the Committee on the Rights of the Child in 1993, and its second report in 1997.

Jordan

's third periodic report is considered a national collaborative report and the fruit of discussions and dialogue between wide sectors in the society. Eight task forces were formed from representatives of the Government, non-governmental organisations (NGOs), legal and legislative experts, social and psychological experts, as well as independent child affairs researchers in order to guarantee a wide representation from all sectors in the community in the process of preparing the third periodic report. A preliminary workshop was held for all the above parties in mid-2003. The workshop was directed towards declaring the initiation of the preparation process of the third Jordanian report and familiarizing those representatives with the concluding observations of the International Committee on the Rights of the Child on Jordan's previous periodic report. The workshop also aimed at training the representatives on the guiding principles for the preparation of periodic reports set by the International Committee on the Rights of the Child.

4. A steering committee was then formed to supervise the process of preparing the report. The committee was formed of representatives from governmental, non-governmental and international parties as follows: Ministry of Social Development (MoSD), Ministry of Foreign Affairs (MoFA), the Jordan National Centre for Human Rights (JNCHR), the National Council for Family Affairs (NCFA), GAM, and the United Nations Children’s Fund (UNICEF). The committee worked for over a year and a half in order to prepare this report.

5.The constructive cooperation existing between governmental and non-governmental organisations, as well as the collaboration of efforts in the enforcement and protection of children’s rights and child care has led to the effective implementation of many of the principles of the Convention. In addition, there are certain factors that have also contributed to the end-of-decade goals, such as the determination of the higher political will and the clear political commitment to the rights of the child demonstrated by the consecutive Jordanian governments, and in translating this commitment into action over the past years. Also, the improved infrastructure has helped in delivering services and educational messages to children throughout Kingdom, thus reflecting positively on the tangible progress made in all fields of childhood development and children’s quality of life in the Kingdom.

6. A number of amendments to national legislation related to childhood have been made since Jordan's second periodic report in 1998 to guarantee that the Jordanian child enjoys all of the rights stipulated in the Convention, most important of which are the Personal Status Law No.82 of 2001, Penal Code No.86 of 2001, the Juveniles Act No.11 and No.52 of 2002, the Labour Law No.51 of 2002, in addition to the preparation of the draft Childhood Act of 2004, which is being currently considered through the legislative channels for endorsement. Also, there is the Bill for Nurseries of 2004 to be raised to the Ministerial Council as a step towards endorsing the law, in addition to the Bill for Orphans’ Future Security and the amendment to the Law for the Welfare of Disabled Persons No.12 of 1993.

7. At the level of strategic planning, a number of strategies and national plans have been formed since the consideration of the second periodic report, and which are directly related to children’s rights, most important of which are: The National Plan for Early Childhood Development (ECD) (2004 – 2013), the National ECD Strategy (2003 – 2007), the National Strategy for the Elimination of the Worst Forms of Child Labour 2003, the MoSD Strategic Plan and the National Aid Fund (2004 – 2006), the National Strategy for the Elimination of Poverty 2002, the Government's Strategic Economic and Social Plan (2004 – 2006) and the draft National Strategy for Youth (2005 – 2009).

8. The Child Labour Unit at the Ministry of Labour (MoL) was established at the beginning of 2001 in cooperation with the International Programme on the Elimination of Child Labour (IPEC) of the International Labour Organisation (ILO), as a commitment from the Government of Jordan to the principles of ILO Convention No. 182 related to the elimination of the worst forms of child labour. This unit undertakes the mission of studying child labour problems from the economic, social, educational and health aspects. Moreover, the National Strategy, which is based on the principles of ILO Convention No.182, ratified by Jordan, was adopted to eliminate the worst forms of child labour in February 2003. In addition, a number of reports and field studies on the problem of child labour in Jordan have been conducted, such as “The Report on the Status of Working Children in Jordan for 2001”, in order to gradually eliminate child labour and to cover part of the shortage of data related to child labour.

9. One of the most prominent achievements in the field of protection and reinforcement of human rights in Jordan was the establishment of the JNCHR, towards the end of 2002, according to law No.75 of 2002, as an independent institution concerned with human rights that contributes to monitoring and evaluating the progress achieved in the implementation of the CRC.

10. The establishment of the National Council for Family Affairs in mid-2001 according to law No.27 of 2001 came as a step towards supporting and coordinating efforts at the national level for all parties working in the various sectors related to the family and the child, including civil society institutions, in order to complement one another in securing children’s rights as stipulated by the Convention.

11. In the context of child protection from abuse, Dar Al-Aman (Safety Home) was established by the Jordan River Foundation in 2000 with the support of the MoSD, as a specialized centre for the protection of abused children. This centre is considered to be the first of its kind in Jordan and Arab countries.

12. The issuance of the Family Protection Homes Bylaw No. 48 of 2004, which aims mainly to provide protection for women facing violence until their cases are settled administratively and/or legally. This bylaw allows children under the age of five to stay with their mothers in family protection homes.

13. As for providing data on the development of the Jordanian society in general, and especially children, the Centre for Information and Research was established at the King Hussein Bin Talal Foundation on 14 June 2001 as an independent centre whose main mission is to conduct research in the fields of human development policies, especially related to young people and children’s rights, child-related legislature and early childhood. The function of this centre complements the work of higher education and scientific research institutions, such as universities and others.

14. Serious and intensive efforts are currently being exerted by the executive authority to expedite the passage into law of the draft Childhood Act by the Parliament and to have it published in the Official Gazette so as to take its place within the national legislation that is currently in force.

15. Some internal and external factors have created difficulties towards achieving the full realization of children’s rights as stipulated in the Convention, despite the intensive efforts exerted by all parties, whether governmental and non-governmental. These factors include:

a) Economic factors: The repercussions of the Third Gulf War, the occupation of Iraq, and the situation in the Occupied Palestinian Territory have burdened the Jordanian economy. The economic factors have limited the expansion of the quantity and quality of projects, programmes and services directed towards children in Jordan. Such factors varied between the lack of financial resources and capabilities, rapid urbanization, modest budgets for local councils and the deterioration of the local food production industry due to the high cost of basic materials needed for agriculture and the shortage of water resources. Other factors include high cost of living and increased rate of dependency within the family, reaching 4.3:1.

b) Legislative factors: The accumulation of provisional legislation presented to the Parliament has led to a delay in endorsing some draft laws despite the Jordanian Government’s efforts to remain up-to-date with legislative progress in the field of children’s rights. This has set back the modernization of certain laws. Some of these laws are the Juveniles Act, the Personal Status Law, and the Penal Code. However, the provisional laws passed during that period have remained effective, while work is in progress to pass these laws according to the constitutional phases.

c)Technical factors: The lack of specialized and qualified technical cadres in the field of children’s rights, as well as the lack of studies that deal with children’s issues, such as child abuse and child labour, together with the weakness of specialized medical techniques related to children have hindered the implementation of the Convention. However, most of these obstacles were dealt with by public institutions, national and international bodies who have given great attention to awareness-raising programmes and to the training of specialized cadres in the field of children’s rights. They have also worked on focusing attention on children’s health, programmes for the elimination of child labour, as well as the inclusion of children under the age of six years in the comprehensive health insurance plan. All this has greatly contributed to overcoming the obstacles in the way of implementing the Convention.

d) Demographic factors: Due to the increased population growth which reached 2.5 per cent as a result of the increased birth rate, the drop in mortality rate and immigration, services dedicated to children, especially in urban areas, were affected. Such services have also been affected by the return of almost half a million Jordanians from Gulf countries as a result of wars, in addition to the previous three waves of refugees.

e) External factors: A number of external factors have stood in the way of childhood development in Jordan. These include the stumbling peace process, the Gulf War and its aftermath, leading to political and economic instability in the region, in addition to Jordan’s economic difficulties and international developments. In addition, the harsh conditions placed by international financial bodies and donor countries when granting loans, have all contributed to a deduction in government spending on health, education and social care services. Added to that, the reduction of the United Nations Relief and Work Agency for Palestine Refugees in the Near East (UNRWA) budget for the welfare and employment of Palestinian refugees has further burdened the budget of the Jordanian Government, which provides health care, educational and other services to the refugees. The Jordanian Government spends more than US$ 400 million on services provided to Palestinian refugees in Jordan. Such spending exceeds UNRWA’s budget in its five regions of operation (The West Bank, Gaza Strip, Syria, Jordan and Lebanon).

16. The Jordanian Government had expressed reservation to articles 14, 20, 21 based on the acknowledged international principle that allows a government to express its reservation to the content of conventions it has ratified. In addition, reservation to articles of the CRC is not prohibited, and the Jordanian reservations are not incompatible with the object and purpose of the Convention. Moreover, these reservations do not pose any obstacle to the Jordanian Government’s efforts in achieving development and protection for children and their rights according to the principles of the Convention.

17. With regards to article 14, related to the freedom of thought, conscience and religion, we declare the following:

a) We emphasize that in addition to what was included in the two previous reports on this topic, that by principle, and according to the Jordanian Constitution, Jordan does not ban the freedom of thought, conscience and religion, including for children. The freedom of practising religious rites is a protected right under the Jordanian Constitution and legislation in Jordan. In addition, no religious group or party has ever complained of any restraints on the manifestations of religious beliefs.

b) It is worth noting that children cannot be allowed to change their religion, based on the preservation of their rights and social unity among religious groups in the Kingdom, which live in harmony. A child - as accepted internationally, and as implemented in Jordan - is not qualified to make such decisions. Despite the efforts of some NGOs that reservation to the second and third paragraphs of article 14 be withdrawn, the Kingdom will maintain its reservation to this article, while still implementing what it included on freedoms as accepted by the Jordanian legislature in this area.

18. The Jordanian Government in its two previous reports to the Committee clarified its position on adoption and its reservation to articles 20 and 21. The Jordanian Government stresses its position on that it does not see any need to withdraw its reservation to articles 20 and 21, or that withdrawing its reservation will actually reinforce or add to children’s rights in Jordan. What came under those two articles regarding the Islamic Kafalah Law is implemented in the Kingdom, since adoption is equivalent to Islamic Kafalah or foster care, but without taking from the child his or her name and family origin. A child in such circumstances is allowed to inherit if the child's guardian leaves a will to this effect. Thus, the Government of Jordan, and for the protection of the rights of the child in preserving his or her name and identity, maintains its reservation to articles 20 and 21. However, the Jordanian Government emphasizes its commitment to the part of the article on the care and support of the child, as well as working to provide a healthy environment for the child’s development and survival. Some Jordanian NGOs see that the Government should consider holding discussions among all concerned parties, including the Ifta’ Council (Theology Council) and Islamic Shari’a and law scholars regarding withdrawing the reservation to articles 20 and 21.

19. With regards to the Committee’s concern about the publication of the Convention in the Official Gazette, we would like to point out that the Jordanian Government sent the CRC to Parliament in 2004 in order to pass it and publish it in the Official Gazette. However, the Parliament has yet to look into it due to the accumulation of bills to be passed.

20. With regards to the Committee’s concern about the draft Childhood Act, we would like to point out that the bill was presented by the MoSD to the Opinion and Legislation Bureau at the Prime Ministry, which has discussed the Act with all the concerned parties. The bill received the endorsement of the Ministerial Council, who in turn raised the bill to the Parliament in its current session as a step towards endorsing it. (A copy of the final version of the draft Childhood Act of 2004 is attached).

21. We would like to point out that with regards to new bills concerned with children’s rights, a number of laws, some being provisional, were raised to the Parliament for deliberation, but have not been endorsed yet, most important of which are:

a) The Personal Status Law No. 82 of 2001 by which the legal age for marriage for both partners is 18 years, with the exception of cases where the judge sees it best for the adolescent.

b) Provisional Penal Code No. 86 of 2001, as an amendment to article 340 of the Penal Code related to the permitted breach of faith.

c) The two provisional Juveniles Acts No. 11 and No. 52 of 2002, under which the following was specified:

Ending the detention of minor delinquents in the same rehabilitation centres as adults.

Allowing the establishment of a social defence bureau in every courthouse to assist the judge in taking decisions regarding juveniles. Such bureaus would consist of specialists in forensic medicine, psychology, counselling and social services.

Naming homeless children as 'children in need of care and protection', and considering the victims of domestic violence under the 'care and protection' measures.

Allowing courts to expand in referring to alternative measures and conditional release.

d) The provisional Monitoring of Minors' Behaviour Code No. 51 of 2002 bans the sale of tobacco, alcoholic drinks and narcotics to children. It also restricts children from frequenting shops that sell or offer such substances, in addition to imposing legal measures on exploiting children for begging and so on.

g) The Law on Narcotics and Psychotropic Substances of 1988 by which article 9/c/3 specifies that whoever offers drugs and narcotic to anyone, including minors, or uses licit drugs in his or her possession for purposes other than those he or she is licensed to use, or sets up or runs a place for the consumption of drugs and narcotics while using the help of a minor or using a minor to practise the above, will receive a sentence of limited-term hard labour. (A copy of each of the above provisional laws is attached).

22. With regards to coordination and cooperation at the national level between parties concerned with childhood, we point out the collaboration of efforts of various sectors at the governmental level, in partnership with some non-governmental bodies and civil society institutions in the field of child care and rights within the family and the community. The issuing of this report, which was prepared in cooperation with concerned parties from the public and private sectors, as well as some specialized UN bodies working in Jordan is proof of the above.

23. The National Council for Family Affairs (NCFA) was established in the second half of 2001 under law No.27 of 2001 as a private body with a legal capacity, chaired by Her Majesty Queen Rania Al-Abdullah. The Council's board includes members from ministries, governmental and non-governmental institutions concerned with family affairs, in addition to persons that have interest and experience in the field. The Council’s objectives are to reinforce the status of the Jordanian family and maximize its role in the community so as to enable it to contribute to preserving the nation’s heritage and values in line with economic, social and cultural changes in Jordan. To this purpose, the Council operates to achieve a number of targets, including supporting public institutions and civil society organisations working in the field of family affairs.

24. Based on the role of the NCFA in improving the lives of Jordanian families and since the child is the cornerstone of the family, the Childhood Unit (CU) was formed with the main strategic objective of contributing to enhancing the quality of life of the Jordanian child. This is achieved through developing strategies and policies, reviewing legislations, and providing recommendations to governmental and non-governmental organisations as well as experts and professionals working in the field of childhood. In doing so, the Childhood Unit tackles child-related issues from a family perspective and adopts a comprehensive approach to child welfare that contributes to the welfare of the family as a unit.

Developing strategies and plans relevant to children's priority issues in Jordan in collaboration with governmental and non-governmental agencies working in the field.
Providing scientific policy-oriented research on all issues affecting children and their well-being and hence the welfare of the family.

- Assessing and analyzing existing legislations that affect children and providing recommendations accordingly.

- Working with policy makers and concerned institutions to develop effective child-centred policies, programmes and plans.

- Monitoring and evaluating the implementation of the work of the CU within its strategic objectives.

26. The achievements of the CU since the establishment of the NCFA in 2001 can be summarized as follows:

Providing follow-up and evaluation on the implementation of the National ECD Strategy.

Preparing the National Plan of Action for Children (2004 – 2013) in cooperation with the Ministry of Planning and International Cooperation, UNICEF and all the parties concerned with childhood.

Preparing Jordan's third periodic report to the Committee on the Rights of the Child in cooperation with the MoSD, MoFA and UNICEF.

Developing an interactive curriculum for kindergartens.

Improving the efficiency of 100 persons working in public and private kindergartens.

Developing kindergarten licensing standards and regulations.

Developing ECD standards and indicators in cooperation with UNICEF.

27. Since the consideration of the Jordan's second periodic report in 1998, a number of national strategies that are directly related to children’s rights have emerged as follows:

28.This plan is the second National Plan of Action for Children. It follows up on past achievements in implementing the previous National Plan of Action, taking into consideration the Socio-economic Action Plan for the years 2004 – 2006. The National Council for Family Affairs has worked in cooperation with the MoSD, the MoH (MoH), the MoE, UNICEF and other parties, including representatives of children themselves to prepare the National Plan of Action for Children. The plan includes the following main components: Securing a Healthy Life, Development and Capacity Building, Protecting Children in Difficult Circumstances, The Role of the Media and Monitoring and Evaluation. The plan is considered to be an expression of the Government and private sector’s commitment to children through international treaties and conventions, the most important being the Convention on the Rights of the Child. It was also based on the new agenda and priorities for children set by the United Nations General Assembly in 2002 in “A World Fit for Children” and the Arab Plan of Action for Children (2004-2015). The plan is comprehensive as it takes into consideration a child's right to survival, development, protection and participation. The National Plan of Action for Children was launched in October 2004 under the Royal patronage of His Majesty King Abdullah the Second and Her Majesty Queen Rania Al-Abdullah.

29.Government parties in cooperation with local NGOs concerned with children’s rights have set a national strategy and a national plan of action for the development of early childhood for the years 2003 – 2007 under the umbrella of the NCFA and with the support of UNICEF. The Strategy has dealt with 14 main sectors covering the various dimensions of the early childhood stage. A detailed review of this strategy will be covered later in Section 7 of this report.

c)The National Strategy for the Elimination of the Worst Forms of Child Labour, issued by the MoL in February of 2003:

30. This Strategy is based on the principles set by ILO Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and immediate measures to be taken to eliminate this phenomenon (published in the Official Gazette No. 4623, 1 October 2003, page 52), and ILO Convention No. 138 concerning the Minimum Age for Admission to Employment (published in the Official Gazette No. 4219, dated 16 July 1997). The Strategy's most important principles include:

- Preventing children from getting involved in the worst forms of child labour
- Rehabilitating and reintegrating working children into society
- Securing their right to free primary education and appropriate vocational training when possible.
- Identifying at-risk children and creating direct links with them.
Taking the special situation of girls into consideration.

d)The Strategy of the MoSD and the National Aid Fund for the years 2004 – 2006:

31.The MoSD's plan includes a vision, a message, targets, policies and programmes that concern individuals, groups and communities. It has sought to give priority to children in all of its development programmes. Its vision was embodied in the attainment of distinguished achievements in order to improve the quality of life for citizens and taking social development to a higher level so as to form a safe society that enjoys a decent life and contributes to the process of sustainable development. Its message focused on the ascension of social developmental work and coordinating it among partners. It also focused on developing comprehensive and integrated social policies for the development of society, in addition to guaranteeing distinguished services that contribute to the improvement of the lives of families and individuals through investment in human resources and the development of their skills, as well as using data and knowledge to reinforce the sustainable development process.

32.The MoSD's plan aims to reach its objectives of boosting the national Jordanian identity in harmony with Arab and Islamic values and beliefs, achieving social security and justice, facing social challenges, investing in human resources, increasing social awareness, strengthening cooperation and coordination between the public and private sectors and encouraging development initiatives. These targets are based on a number of policies that are built around the child as a priority in the development process, since the child is the basis of investment in human resources.

33.The MoSD, through the collaborative efforts of specialised working groups from the private and public sectors, donor parties and NGOs, launched the National Strategy for Poverty Alleviation. The Strategy contains the following six elements:

- Increasing assistance to National Aid Fund beneficiaries.
- Adding new categories to those supported by the National Aid Fund.
- Implementing the complementary income system.
- Developing a unified database for national aid programmes.
- Attempting to unify the efforts of social aid funds.
- Striving to develop national systems to alleviate poverty problems.

Therefore, and as a result of this Strategy, unemployment rates have dropped from 14.4 per cent in 1997 to 12.5 per cent in 2004, and the poverty rate has dropped from 21 per cent in 1997 to 14.2 per cent in 2002.

34.The Higher Council for Youth developed the National Youth Strategy in cooperation with the United Nations Development Programme (UNDP) and UNICEF, with wide participation from all sectors, public and private, as well as young people themselves. The Strategy formulation process was both scientific and participatory. The National Youth Strategy covers nine main sectors: health, education and training, environment, employment, participation, culture and media, recreational activities and leisure time, ICT and globalization, civil rights and citizenship. This Strategy is expected to be launched in early 2005 under the title of 'I am Jordan'. It is worth noting that the Ministerial Council approved the Strategy in early January 2005.

g)The Socio-economic Action Plan for the years 2004 – 2006, 'A New Vision for Sustainable Development' :

35. In response to the challenges imposed by local, regional and international social and economic circumstances and developments, the Government of Jordan introduced the Socio-economic National Plan of Action for the years 2004 – 2006. It focuses on the importance of preserving the main standpoints in the economic policy embodied by sustaining financial and monetary stability, reinforcing liability and transparency and boosting partnerships between the public, private and voluntary sectors. This plan is composed of two main sections. The first deals with the overall framework of the action plan, which contains the methodology used in this framework, the objectives and the policies, the developmental vision, as well as the action plan for all major sectors. The action plan is divided into four main sections: development of human resources, basic government services and the development of the regions of the Kingdom, fighting poverty and unemployment and the institutional and structural framework policies and funding. The second part includes a funding plan for the projects and programmes of the Socio-economic Action Plan for 2004 – 2006. It also includes the adoption of strategies and chain of policies, procedures and development projects which will be implemented according to a timeframe. (A copy of each of the mentioned strategies is annexed to this report).

36. With regards to the recommendation of the Committee to set up an independent mechanism with the mandate of regularly monitoring and evaluating progress in the implementation of the Convention at the national and local levels, we point out that this issue is the main concern of the JNCHR, established towards the end of 2002 by virtue of provisional Law No. 75 of 2002 as an independent national institution with a juridical personality with financial and administrative independence and is fully independent in carrying out its intellectual, political and humanitarian activities and events related to human rights. The Centre observes violations of human rights and public freedoms guaranteed by the Constitution, Jordanian laws and international conventions signed by Jordan, and tries to stop any such violations. The JNCHR began its operation at the beginning of June 2003 and is supported by a number of other institutions and NGOs as well as private organisations whose field of activity is related to human rights, including children’s rights.

37. The objectives of the Centre are summarized as follows:
To protect and enhance the principles of human rights.
To strive to ensure the Kingdom's accession to Arab and International human rights charters and conventions.
To observe and follow up on national legislation related to human rights.
To bolster the democratic process within the Kingdom in order to create a comprehensive and balanced model based on disseminating freedoms and safeguarding political pluralism, respecting the rule of law and guaranteeing the right to economic, social and cultural development.

38. The JNCHR, in addition to the above, undertakes the mission of following up on complaints related to children’s rights which fall under its scope of work, through the following:

Investigating and following up on grievances related to children’s rights and which fall under the scope of work and authority of the Centre.

Spreading awareness on children’s rights and encouraging the targeted audience to recognize the importance of those rights.

Providing assistance and consultancy in the writing of programmes related to education on children’s rights and conducting related studies and research.

Taking necessary legal action to defend children’s rights or to provide all the possible legal assistance for the child.

Referring to arbitration before filing suits at courts in the cases where legal assistance is offered.

39.The Jordanian Government allocates funds from its general budget for the implementation of the Convention, according to the available financial resources. For instance, the MoSD allocates a large share of its budget for the development services provided to early childhood and the welfare of children in need of care and protection, as well as children with disabilities. It also provides financial assistance to specialized associations and holds partnerships and cooperation agreements with them. The Ministry also works on implementing programmes and activities in cooperation with NGOs so as to reinforce Jordan’s commitment and implementation of international conventions and treaties related to legal justice for minors accused of violating the law. Currently, effort is underway to complete the furnishing of a protection home to help women exposed to violence and their accompanying children. It is due to open in early 2005.

40. A decision was made to include all Jordanian children under the age of six years in the health insurance programme, which is regarded as a major step forward in the implementation of the Convention and child care. Moreover, other allocations were given to implement health programmes concerned with the mother and child. It is hoped that more allocations will be made to include all children in Jordan, keeping in mind that this right is guaranteed according to the Civil Health Insurance Regulations No.83 of 2004, article 26.

41.The MoH allocates part of its budget for maternal and neonatal health. More allocations from the Ministry’s budget are allocated for the expansion and improvement of services provided in health care centres and hospitals, leading to the improvement of child mortality indicators.

42.The MoE is currently working on the development of the Education Reform for the Knowledge Economy (ERfKE) Initiative. This US$ 380 million programme is the embodiment of His Majesty King Abdullah the Second’s vision in forming the educational model that effectively contributes to the building of the economy that is based on knowledge. It should link all schools to the Internet from the year 2004 to 2008. The goal of Jordan's education reform programme is to re-orient education policy, restructure education programmes, improve physical learning environments, and provide improved and more accessible early childhood education.

43.The Ministry of Planning and International Cooperation allocates part of its funds for the social security programme for providing meals at schools for children in poor areas.

44.The Ministry of Culture (MoC) and GAM and other parties provide funds for cultural and entertainment programmes, libraries, clubs, centres and parks for children.

45.The overall amount allocated for the National Plan of Action for Children (2004 – 2013) has reached US$ 805 million, 70 per cent of which is available, and the Government is currently seeking to provide the remaining 30 per cent through international donors for the funding of various childhood programmes, such as the programmes in the National Plan of Action for Children and others that guarantee the survival, growth and protection of children.

46. Governmental and non-governmental organisations in Jordan in cooperation with international organisations are holding workshops, lectures and seminars on children’s rights and the Convention on the Rights of the Child for all groups working with children, and who are entrusted with the social and educational upbringing of children, such teachers, psychologists, social workers, judges, lawyers, law enforcement officials, civil servants, local government officials and others. These organisations are seeking to introduce the principles of CRC in university and school curricula. Moreover, human rights clubs have been established within some schools in cooperation with some NGOs and the MoE.

47. A number of organisations working in the field of childhood and human rights have developed training manuals for training on the provisions of the Convention. Furthermore, calendars, office agenda notebooks, folders and posters to raise awareness and promote children's rights have been widely disseminated to all the regions of the Kingdom as well as in schools. Examples include:

The publication by GAM of a special edition of Bara'em (Young Ones) magazine, focusing on the CRC.

The production of a special poster on the Convention in cooperation with UNICEF and some NGOs. One hundred and twenty thousand copies were printed and were distributed through daily newspapers to celebrate World Children’s Day on 10 January 1998.

The contribution of the Advocacy and Information Unit at the JNCHR to raising levels of awareness on human rights in all fields, including children’s rights.

48. The Child Labour Unit at the MoL contributes to spreading awareness on children’s rights through its “Scream” programme, which supports children’s rights through education, arts and media. It is a socio-educational programme launched by the IPEC and is considered a tool to spread awareness on child labour. The targeted groups in this initiative include youth at compulsory and higher educational institutions. The MoSD also takes on a preventive and curative role towards children-at-risk through its programmes and projects.

49.Studies conducted by UNICEF in 2001 in cooperation with the General Department of Statistics have demonstrated that 66 per cent of youth aged between 10-24 had previously heard of the CRC (74 per cent female and 58.7 per cent male), which indicates adequate dissemination and levels of awareness of the Convention.

First: Conformity of the definition of the child with the principles of the Convention

50.The definition of the child and minimum age requirements in national legislation conform to the principles of the Convention. Moreover, the draft Childhood Act of 2004 defines the child in article 2 as, 'anyone who has not completed the age of 18, male or female'. This definition is in harmony with other Jordanian legislation such as the Civil Law, Juveniles Act and others detailed in Jordan's initial report to the Committee on the Rights of the Child.

51.The Committee recommended that Jordan review its legislation to ensure that the definition of the child and minimum age requirements conform to the principles and provisions of the Convention and are gender neutral. With regards to this recommendation, we point out that the Jordanian legislature adopts gender equality and is not gender biased. The only exception was the minimum age for marriage set at 15 years for girls and 16 years for boys. The minimum age for marriage has been modified in the provisional Personal Status Law No.82 of 2001 by raising the minimum age for marriage to 18 years for both boys and girls.

52. It is worth noting that a child’s foster age in the custody of his or her mother extends until the age of puberty. However, puberty differs from one child to another; therefore some NGOs are trying to push the foster age to up to 15 years for both boys and girls, as this is the maximum age for puberty according to what is agreed upon by a number of Shari’a (Islamic) scholars.

53.With regards to the remarks and concerns of the Committee about the low age of criminal responsibility, we point out that the Juveniles Act No.24 of 1968 and its amendments until the year 2002, article 36, requires that anyone who has not completed the age of 7 will not be held criminally responsible. A number of parties, including NGOs, have been pushing to amend this law by placing a number of suggestions, one of which is raising the age of criminal responsibility to 12 instead of 7. Many Islamic scholars consider the age of puberty (15) as the age for criminal responsibility. The draft Childhood Act also contains a paragraph on raising the age of criminal responsibility to ten years.

54. With regards to the Committee’s recommendation to Jordan to continue its efforts to combat early and forced marriages, the table below demonstrates that the number of married girls under the age of 18 has decreased in the last five years. This is believed to be directly linked to the provisional Personal Status Law No.82 of 2001. The law also stipulates that the bride-to-be has to consent to the marriage in the presence of two witnesses.

The number of married girls below 18 between the years 1998 to 2004
YearTotal Number of Married Women Regardless of AgeNumber of Married Women Below 18 Percentage
199837,6817,58520.1%
199939,8117,81319.6%
200042,4017,89218.6%
200144,6998,23618.4%
200239,9635,72914.3%
200341,5986,28415.1%
200433,3655,15015.44%

55.According to the Annual Book of Statistics (2002), the average age for first-time marriage is 29.3 years for males and 26.8 years for females. This indicates a dramatic increase in the average age of marriage for both genders in the last two decades: an increase of three years for males (from 26 in 1979 to 29 in 2002), and six years for females (from 21 to 27 for the same years).

56. Statistics from a study conducted in 1999 in cooperation with the Department of Statistics, the Economic and Social Commission for Asia and the Pacific (ESCWA) and the United Nations Development Programme (UNDP) indicate the very close percentage for the age of marriage for women under 20 between urban and rural areas. In 1994, such a percentage reached 15 per cent in urban areas and 15.4 per cent in rural areas.

57. Institutions and ministries, such as the MoSD, the MoH, and the National Population Committee, in cooperation with some civil society institutions conduct public education media campaigns on the health and social consequences of early marriage and the negative impact on the family and the community.

58.Article 2/36 of the current effective Juveniles Act stipulates that 'no capital punishment or hard labour sentence can be inflicted upon minors'. Thus it is not permitted to impose capital punishment on a child below the age of 18. The law also specifies that a life sentence in jail for a child below 18 is brought down to a 3- to 9-year jail sentence, provided that it is served in one of the MoSD institutions.

59.A child’s minimum age for admission to employment that is likely to be hazardous has been raised from 17 to 18 years of age. This was specified in an amendment to article 74 of the Labour Law No.8 of 1996 and its modification No.51 of 2002. Such an amendment is also in conformity with the National Strategy for Child Labour, which called for raising the age of children working in risky and hazardous situations to 18 years. It is also in conformity with the recommendations of ILO Convention No.182 concerning the elimination of worst forms of child labour, which Jordan ratified in 2000. This Convention provides a definition of risky and dangerous labour that undermines a child’s well-being and safety and therefore should not be undertaken by a child. (The decision issued by the Minister of Labour on risky, exhausting or hazardous jobs for minors for 1997 is annexed to this report).

60. Article 5/b of the Service of Individuals Law No.2 of 1972 and article 13/b of the Service of Officers Law No.35 of 1966 have provisioned that no individual under 16 and 17 for officers shall be drafted. Moreover, the law stipulates that no soldier under 18 can participate in military operations, in addition to the fact that voluntary enlistment into the armed forces for those who have not attained the age of 18 years has been stopped. Furthermore, the National Strategy for Child Labour calls for not drafting children under the age of 18 according to the ILO Convention No.182. The overall age for all those serving in the Armed Forces, both in the civil and military sectors exceed the age of 18, with the exception of 21 individuals whose ages exceed 17 years; 17 of whom are serving in the military sector and 4 in the civil service sector of the armed forces.

61.With regards to the Committee’s concern for the persistence of discrimination under the law, and its recommendation that all necessary measures be taken to ensure that all children enjoy all rights set out in the Convention without discrimination, we provide the following:

a) According to article 6 of the Constitution 'Jordanians shall be equal before the law'. The principle of equality in the Constitution addresses all categories of the Jordanian society men, women and children, without any discrimination. Moreover, the word “citizen” is meant for both genders, which also implies equality between genders, even if it was not exclusively mentioned in the text. The constitutional text is above all laws and in the case of other laws that contravene with the Constitution, such laws are thus not abided by for their unconstitutional qualities.

b) The National Charter of 1991 in its first chapter, article 8 emphasizes what came in article 6 of the Constitution. (Paragraph 4 of the initial report and paragraphs 9 – 11 of the second report).

c) The 'Jordan First' document issued by royal decree in 2002 emphasizes the principle of participation between genders, as it specifies the following in its second of ten concepts: 'Jordan First, social harmony among male and female Jordanians, individuals and groups'. It also stipulates in its third concept, 'Jordan First, a melting pot for all male and female Jordanians, with respect to the diversity of origin, roots, directions, beliefs and feelings'.

d) Jordanian laws emphasize the principle of equality among children and prohibit discrimination among children on the basis of race, colour, gender, language or religion, including the Education Law No.3 of 1994, as well as the bylaws on education (part 14) issued by the Department of Legal Affairs, legislation section for 2003, paragraph c of the Education Law that stipulates that 'Jordanians are equal in political, social and economic rights and duties and will, and one is better than the other only by the extent of their giving and belonging to their community' (paragraph 1). It also specifies that, 'education is the necessity of society and a right for everyone according to their readiness and personal ability' (paragraph 6). Article 2/b of the same law also stipulates the following: 'For the purpose of this law, a male word includes females, as is a singular word is meant for plurals as well'.

62. We point out hereafter the detailed responses to the questions of the Committee on the Rights of the Child on discrimination in the following areas:

63. Jordanian legislation does not contain any text that denies children born out of wedlock of any of the rights that legitimate children are entitled to. Both have the right to education, health and nationality. However, some Jordanian laws grant different rights to legitimate children. For instance, the Personal Status Law grants a legitimate child the right to identity, inheritance, custody, and maintenance, whereas in the case of the illegitimate child, such rights are denied due to the fact that the child’s parents are not identified. However, such issues are handled in a different manner such as the registration of property by a guardian or a foster parent in the name of the child, before or after his or her death, by the guardian himself/herself or through a will made by the guardian during his or her lifetime, to be executed after his or her death. As for the registration of an illegitimate child, the Personal Status Law specifies the process in articles 19, 20, 21, 22.

64. The Jordanian legislature has also dealt with the situation of children born out of wedlock in paragraphs 4 and 5 of article 3 of the Jordanian Nationality Law, whose details were included in Jordan's initial report, paragraph 16, whereby the fourth paragraph of article 3 of the law stipulates that a child born in the Hashemite Kingdom of Jordan from a mother bearing the Jordanian nationality and a father whose nationality is unknown or without a nationality, shall acquire the Jordanian nationality. It is worth noting that article 4, paragraph b of the draft Childhood Act of 2004 stipulates the use of scientific methods to trace and prove a child’s parenthood.

65. Articles 154 -166 of the Personal Status Law deal with a child’s rights in relation to custody. Those articles were discussed in detail in Jordan's first report (1993) to the Committee, paragraph 73, and in the second report (1998), paragraph 36, whereby article 154 discusses the issue of women’s rights to custody, and article 154 deals with cases where a number of people have the right to custody of the same child. Article 161 discusses the age at which custody ends for children of both sexes.

66. A Jordanian woman married to a non-Jordanian does not have the right, according to the Jordanian Nationality Law No.6 of 1954 to pass on her nationality to her children. However, and in special cases, and for humane reasons, the Ministry of Interior, and upon instruction by the Prime Ministry, studies each case individually, taking the best interest of both the child and the mother into consideration when making a decision.

67. Some NGOs note that there are special cases that require the Jordanian mother to be able to pass on her nationality to her children (minors) in order to be able to provide custody, education and health care for her children in the case of the demise of their non-Jordanian father, or his immigration to an unknown location and the absence of communication with him, or in the cases of divorce where the mother is the one to raise her children on her own without any contribution from the father.

68. Despite the demands to modify the Nationality Law to guarantee the Jordanian woman’s right to pass on her nationality to her children, official parties still see that the issue is ruled by a number of other factors, not related to any discrimination against children, such as the political circumstances that prevail in the region and the Arab League Law that prohibits a person from having two Arab nationalities. Some countries protest as to the granting of the Jordanian nationality to the children of a Jordanian woman married to one of their citizens, due to the fact that such countries do not allow double nationality, as well as the international principle applied all over the world which gives the father’s surname to his children.

d) Discriminatory social attitudes towards the education of girls in rural areas:

69. With regards to the Committee’s enquiries about the discriminatory positions towards the education of girls, we point out that both the Jordanian Constitution and the Education Law guarantee a girl's right to education at all levels: primary, secondary and university. Any discrimination is not based on any legal pretext, but is related to traditions, customs and unwritten practices, which have started to gradually disappear.

70. However, there are statistical indicators that show that the place of dwelling (rural or urban) might form an important factor in determining illiteracy rates, since illiteracy rates are twice as high in rural areas than in urban areas.

71. Statistics show that the number of females accepted for university studies at public universities exceeds that of males in some cases. This is an indicator that discrimination is non-existent. Moreover, as the result of economic and social variables, the idea that a woman needs to work after marriage in order to contribute to the family income has become a requirement for marriage.

The Jordanian legislation contains a number of paragraphs that grant to non-Jordanians the same rights as Jordanians. For instance, non-Jordanian children are given Jordanian passports for the duration of five years in special and humane cases. The Passports Law of 2003 stipulates the possibility of giving a Jordanian a regular passport for five renewable years without acquiring the Jordanian nationality.

72. Governmental and non-governmental institutions have adopted a number of programmes to help children with special needs and special circumstances, such as young offenders, children with disabilities, children deprived of family care, as well as working children.

73. Orphaned children benefit from a number of programmes and services at the national level as the number of those benefiting from the programmes of the institution for the Managing and Development of Orphans Fund is approximately 35 thousand children. The number of children benefiting from the Orphan’s Guardian Programme at the Charity Fund Department at the Ministry of Awqaf and Islamic Affairs and the committees under this programme has reached 7,750 children. Moreover, orphans without a surname and children from dysfunctional families benefiting from the Institutional Care Programme, implemented by the MoSD in cooperation with welfare institutions, totals 1,300. In addition, there is the aid provided by the National Aid Fund to approximately 71 thousand families, mostly to families with widows and orphans.

74.The Law for Welfare of the Disabled No.12 of 1993 emphasizes the following rights:

-The right to integrate into society and public life.
-The right to education and higher education, each according to his or her abilities.
-The right to work according to his or her abilities, qualifications, as well as the right to sports and leisure activities.
- The right to preventive health care and medical care.
- The right to a suitable environment that provides the freedom of mobility, safely and securely.
- The right to obtain aids and equipment to help them learn, train, move and commute.
-The right of the people with profound and multiple disabilities to learn, train and be rehabilitated.
-The right of the disabled person’s family to relief and support services.

75. A Jordanian citizen’s disability does not affect his or her attainment of rights as stipulated in the law. Persons with disabilities in Jordan enjoy care provided to them by the Law for the Welfare of the Disabled No.12 of 1993, such as the right to medical care and to a suitable environment. A disabled person also has the right to integrate into public life, and has the right to education and work according to his or her abilities. Article 4, paragraph f article 2 of the Law for the Welfare of the Disabled referred to above specifies, 'Public and private sector institutions and companies with no less than 25 employees and no more than 50 should hire one disabled person. Companies and institutions with 50 or more should reserve no less than 2 per cent of its positions for the disabled, provided that the person’s disability does not hinder the work in the institution'. Article 13 of the Labour Law stipulates that 'a business owner hiring 50 people or more, and if the nature of work allows hiring a disabled person who is professionally qualified through training programmes and professional qualification institutes for the disabled and accredited by The MoSD or established in cooperation with public or private institutions, should reserve no less than 2 per cent of its staff for the disabled. The business owner should also send to the Ministry a statement showing the type of work the disabled person is going to undertake, as well as the payment for such work.

76. Governmental and non-governmental, as well as international bodies in Jordan are exerting a lot of effort to modify the prevailing stereotypes of the roles of men and women in the Jordanian society. A study on the origin of such stereotypes was conducted by the Jordanian National Committee for Women’s Affairs and UNICEF (2000). The study indicated that the components of such stereotypes are heritage, the media and education. The study also brought to light the role of schools and information institutions in modifying this prevailing view.

77. A comprehensive study in 1999 of primary stage schoolbooks shows that women are portrayed as mothers and housewives, while men are portrayed through their roles in public life. This has called on the MoE to conduct a periodical review of schoolbooks so as to modify some stereotypes of the roles and responsibilities of men and women, as well as integrating some information on children’s rights and human rights.

78. The Survey 'Jordanian Youth: Their Lives and Views' conducted by UNICEF in 2003 cooperation with the Department of Statistics indicated that in the opinion of young people, it is the father/husband who is responsible for providing for the family and making decisions related to financial matters, and it is the wife/mother who is responsible for looking after the house and raising the children. This study will be discussed in further detail in chapter 6 of this report, which deals with basic health and welfare.

79. The amendment of the Personal Status Law No.9 of 2001 came as a major legal procedure in the field of modifying stereotypes with regards to the roles and responsibilities of men and women, as the wording “head of family” was modified to include the following:

If the father is deceased or has lost or given up his Jordanian nationality, then the head of the family is the wife. If the father has more than one wife, then each wife and her children shall obtain a separate family book with a separate civil register.

The wife is the head of the family in the case of the demise of father or his intermittent absence from the Kingdom and that is for the civil register purposes.

80. With regards to the Committee’s recommendation that all appropriate measures are taken, such as comprehensive public education campaigns, to prevent and combat negative attitudes in this regard, particularly within the family, with the support of Religious leaders, there are multiple efforts being exerted by all parties, public and private, to educate the public on children’s rights and the great value given to a child by religions. The efforts of the Ministry of Awqaf and Islamic Affairs has in this area achieved the following:

Televised or radio-broadcast religious lessons and lectures that are related to children and which include the following topics: raising children, domestic violence against children, children’s education and the summer holidays, the importance of raising girls in Islam, and orphans’ guardianship in Islam.

The participation of a number of employees from the Ministry of Awqaf and Islamic Affairs in committees for child protection, such as the Higher Council for Population, UNICEF, The Women and Children’s Rights Programme, and the managing team of the Family Protection Project.

The participation of mosque Imams (clergymen) and religious male and female preachers from the Ministry of Awqaf in training workshops on child care in the north, south and middle regions of the Kingdom, as 600 preachers were trained on early childhood concepts that included the following topics: early childhood care, protection of children from abuse, dealing with abused children, the preparation of the training manual for Friday sermon preachers on early childhood and training of trainers specialized in early childhood care.

The signing of an agreement between the Ministry of Awqaf and Islamic Affairs and UNICEF-Amman for the training of trainers on ECD.

81. With regards to the Committee’s remarks on observing the general principle of a child’s best interest mentioned in article 3 of the Convention and its recommendations of reviewing legislation to guarantee this principle, we emphasize that this principle is taken into account in the Jordanian Constitution and related legislation. However, there is no direct text that determines what the child’s best interests are in the Jordanian Constitution since the Constitution only determines the general principles by which laws, legislation and bylaws are made, while it should be kept in mind that this principle was openly referred to in the draft Childhood Act of 2004.

82. With regards to the Committee’s recommendation of reviewing legislation and administrative measures and introducing amendments to guarantee the realizations of the child’s best interests, we have previously pointed out some amended laws which were issued as provisional laws and these are: Law No.24 and its amendments until 2002, the provisional Personal Status Law No. 82 of 2001, Labour Law No.51 of 2002, in addition to the issuing of regulations to implement article 11 of the Monitoring of Minors' Behaviour Law of 2001 and the draft Childhood Act of 2004.

83. We point out hereafter examples that demonstrate what the amended legislation has adopted to duly reflect the best interest of the child:

84. The principle of a child’s best interest is duly reflected in the Juveniles Act No.24 of 1968 and its amendments. This law provides guarantees for the protection of minors before and during trial procedures and at the execution of a sentence in the case where a minor is proven to have violated the law. Moreover, an amendment was made to the description of the 'homeless child' to become 'a child in need of care and protection'. The amendment also prohibited the detention of a minor in adult rehabilitation centres and guaranteed conditional release as well as alternative measures to freedom-restricting measures. Details of the amendments to the provisional Juveniles Act No. 52 of 2002 appear in Section 8 of this report, article 5 clause c in the context of legislative developments in juvenile legislation.

85. The Jordanian Labour Law guarantees the implementation of the minimal age criteria for minors. A decision issued by the Minister of Labour, according to article 74 of Labour Law No.8 of 1996, defines risky and hazardous work for minors. It also defines working hours, rest and holidays, as well as hiring in conformity with international labour standards and the CRC. Details of the articles of Labour Law No.8 of 1996 and its amendments No.51 of 2002, and which are in the child’s best interest are discussed in Section 8 of this report, which deals with economic exploitation.

86. Education Law No.3 of 1994 defines in article 10 that the basic stage of education (obligatory stage) is until the age of 16. The content of the article is in line with the child’s best interests. Thus, a child is not distanced from education before completing the age of 16. In order to provide for the best interests of the child, the MoE has made the following amendments to the system:

Increasing the number of kindergartens so that they become widely available to all categories of society at low cost.

Working on legislation so as to convert the second year of kindergarten (pre-school education) for the age of 5-6 as part of the basic obligatory stage.

Carrying on with the current policy of allowing the private sector (profit and non-profit schools) establish and manage kindergartens.

Supporting and encouraging the private sector to establish and manage educational institutions for children and providing free services or services for minimal fees to children with special needs, children of low-income families, slow learners or students with disabilities.

Raising the academic level of educators in kindergartens so that they are university graduates who are qualified in the field.

Expanding on-the-job training programmes for educators and personnel in kindergartens.

Developing standards and measures for the licensing of kindergartens to include the technical requirements and facilities.

Activating educational supervision of kindergartens by the MoE, so that a sufficient number of qualified supervisors are made available in the field of pre-school education.

87. In light of the above, the opening of kindergartens in public schools started in 1999-2000, with 203 classrooms operating by 2003-2004.

88. Article 3/c on the general statutes of the draft Childhood Act stipulates work to achieve the child’s best interests. Article 6 of the same Act provides for giving priority to the child’s best interests when taking any action concerning a child. Moreover, article 9/b provides for taking into consideration the child’s best interests when taking any action related to a child’s parents.

e) Jordan’s ratification of a number of world treaties and conventions related to children:

89.Jordan ratified ILO Convention182 of 1999 on the Elimination of the Worst Forms of Child Labour in 2000. The MoL also launched a National Programme for the Prevention and Elimination of Child Labour, as part IPEC, which aims to care for 3,000 children from the labour market and reinstate them in schools and vocational training centres, in addition to providing aid for 500 families with working children in order to enable the reintegration of those children into schools. All the social services offered to those families were conditional with the children’s attending schools, which come in observation of the National Strategy of the MoSD and the National Aid Fund for the years 2004 – 2006.

90. Jordanian legislatures guarantee the child's right to life, with statutes protecting this right in most legislation. The Penal Code contains legislation that protects a child in the very early pre-natal stages, considering this stage to begin with the formation of the embryo in the uterus. Article 321 of the Penal Code No.16 of 1960, as well as articles 322, 323 and 325 of the same law consider abortion a crime, unless the mother’s life is endangered according to doctors’ opinions.

91. The Jordanian Penal Code contains a number of articles providing for the protection of the child in the areas identified below, maximizing penalties in the cases where the victim is a child:

The protection of the child from physical violence, articles 333 and 338. These articles deal with the protection of the child, and his or her physical safety. Murder is also listed under physical violence as stipulated in articles 326, 327, 328 and 329 of the Penal Code.

The protection of the child from violating his or her right to freedom according to articles 287, 291 and 302 of the Penal Code.

Other forms of protection for the child appear in the Penal Code in articles 279, 288, and 487.

92. Article 358 of the Law of Criminal Procedure stipulates that a pregnant mother sentenced to death should not be executed before the third month post-partum, as a protection measure for the child and his or her right to life. Moreover, Jordanian legislators have provided laws for the protection of a child’s right to life under article 289 of the Penal Code. Article 290 of the same law stipulates a jail sentence if a father or the person in charge, or the foster parent did not fulfil his or her parenting role. The Personal Status Law also guarantees a child’s right to life, as article 150 stipulates that a mother should breastfeed her baby. (Paragraph 13 of the initial report).

93.With regards to the Committee’s observations on the leniency of articles 340 and 98 of the Penal Code regarding “crimes of honour”, the text of article 340 was amended under the provisional Penal Code No.86 of 2001 to ensure there is no discriminatory treatment with regards to lenient punishment for crimes of honour (when one spouse surprises another during an act of adultery) so that the article reads as follows:

a) There shall benefit from the mitigating excuse (`udhr mukhaffaf) whosoever surprises his wife or one of his ascendants or descendents in the crime of adultery or in an unlawful bed, and kills her immediately or kills the person fornicating with her or kills both of them or attacks her or both of them in an assault that leads to death or wounding or injury or permanent disability.

b) There shall benefit from the same excuse the wife who surprises her husband in the crime of adultery or in an unlawful bed in the marital home and kills him immediately or kills the woman with whom he is fornicating or kills both of them or attacks him or both of them in an assault that leads to death or wounding or injury or permanent disability.

c) The right of lawful defence shall not be permitted in regard to the person who benefits from this excuse nor shall the provisions of "aggravated circumstances" (zuruf mushaddida) apply.

94. Some organisations and NGOs working in the field of human rights have conducted a massive campaign demanding the repeal of article 340. However, the Parliament rejected the demand, including that of article 340 of the Penal Code No.86 of 2001. Despite this, the amendment occurring to the above article of the law it is still effective.

95. NGOs have noted that nothing has been achieved with regards to the amendment or repeal of article 98 of the Penal Code related to the reduced penalty in a fit of fury despite numerous demands. The NGOs believe that murder is a crime that should be punished by the law no matter what has provoked it.

96. The Government, on the other hand, affirms that the circumstances under which the crime (murder) takes place should be taken into consideration, and there cannot be one same sentence for all murders. Article 98 stipulates that he who commits a crime in a state of great anger (fit of fury) resulting from a wrongful and dangerous act on the part of the victim shall be liable to a lesser penalty (in view of extenuating circumstances).What comes under this article is a legal principle that takes into consideration all references, especially those from the West, and in fact it is based on those references.

C) Adopting measures to provide protection in correctional and rehabilitation centres for women arrested in cases related to honour:

97. As for the Committee’s recommendation that steps should be taken to ensure that protective custody is replaced by other types of protection for women , following are some official and unofficial initiatives in this area:

Girls in need of care and protection are dealt with according to the care and protection measures under article 31 of the Juveniles Act No.24 of 1968 and its amendment, whereby such girls are placed in special care institutions for females instead of arrest in correctional and rehabilitation centres. The special care institutions provide numerous social, cultural and leisure programmes. Another institution was also created for girls in conflict with the law, but the number of convicted girls did not exceed three.

In early 2004, the MoSD finalized preparations for the Family Protection Homes Bill. The Bill was passed by the Ministerial Council and published in the Official Gazette on 1 April 2004 thereunto becoming active. The purpose of this Bill is to provide protection and rehabilitation for women who are exposed to violence by receiving them at the institution and providing diagnosis and counselling. Services also include receiving their accompanying children under the age of three, and in special cases children who are not older than five years. The Family Protection Home is expected to be opened in early 2005, as the building was rented and is almost furbished. Twenty-six vacancies were reserved by the Government to be filled. Other such experiments in environments similar to the Jordanian environment were studied beforehand, such as protection homes in Tunisia, the Palestinian Authority and Morocco. (A copy of the Bill for Family Protection Homes No.48 of 2004 is included).

On the local voluntary work front, the Jordanian Women’s Union (JWU), has provided a temporary shelter home for women exposed to violence and their children. The Women's Hospitality Home was opened in 1999 and began receiving cases referred internally by the Women’s Counselling Hotline and from other public and private institutions such as the Family Protection Department. The duration of stay varies from a few days to one week and up to three months, depending on the nature of the problem and the duration it takes for it to be solved. In many cases, the Women’s Hospitality Home receives violated women and their children whereby specialist psychological counselling is provided to the children, in addition to follow-up on their health and education.

The table below shows the number of women and children benefiting from the services of the Jordanian Women’s Association's Women's Hospitality Home and the number of those benefiting from the counselling hotline.

Women and Children benefiting from the services of the Women's Hospitality Home and from the services of the counselling hotline.

98. With regards to the Committee’s concern at the high incidence of road accidents that claim the lives of children, we provide below a table contains statistics on the number of children injured by road accidents in the Kingdom as well as in comparison with the overall number of injuries and deaths from 1998 to 2003. The data show that the number of injuries and deaths resulting from road accidents is still a major problem not to be overlooked.

Death toll as a result of road accidents according to the age group(1999 – 2003)Year /Age Group19992000200120022003
0-513.6%14.3%12.4%11.6%9.7%
6-107.4%9%9.2%9.9%8.1%
11-155.3%5.5%5.5%4.9%6.4%

Injuries from traffic accidents according to age group (1999 – 2003)
Year / age group19992000200120022003
0-59.8%9.5%9.2%8.7%8.3%
6-109.9%9.7%9.8%9.3%9%
11-156.6%6.9%6.4%6.2%6.3%

The average age of injured children according to age group for (1999 – 2003) Year / age group19992000
0-512.3%9.1%
6-108.7%9.5%
11-155.2%6.5%

Number of children injured by traffic accidents in the Kingdom and their rate in comparison to the total number of deaths and injuries for 1998 – 2003

99. Since its establishment in 1996, the Jordanian Traffic Institute has been exerting massive efforts to spread traffic awareness through media, schools and universities, especially among children, pedestrians and drivers. It has laid down a comprehensive national plan in order to eliminate traffic accidents, which is currently being implemented by the MoE.

100. The Jordanian Traffic Institute has launched a website for traffic awareness. The site contains awareness programmes designed to inform the public about traffic rules and laws, as well as shedding light on the problem of traffic accidents. Moreover, the Institute produced software for road safety education for schoolchildren aged 6 – 18 years. This programme is currently being implemented by the MoE at all educational levels.

101. The Institute’s plan includes the establishment of a centre for the education and training of children on road safety. The plan also includes the establishment of traffic parks to educate children on road safety and traffic rules so as to reduce the number road accidents, whose victims are mostly children. Moreover, information campaigns are conducted to warn people, especially children, about the dangers of road accidents, under the slogan 'Traffic Accidents are Dangerous and Threaten us all'.

102. According to a report published by the Jordanian Traffic Institute for the year 2003, pedestrian death rate was high among children below five years. A total of 68 deaths (20.4 per cent) out of 833 during 2003 were children. Statistics for the same year indicated that children aged 5 -10 years occupied the second position with 55 deaths, followed by children aged 11-15 years with 34 deaths and 16 – 20 years with 16 deaths.

103. The collaboration of efforts by government and private institutions is leading to increased awareness about road safety on the one hand and calling for amendments to current laws in favour of stricter penalties to serve as a deterrent. The draft Childhood Act in article 16 provides for road safety for children and their right to live and commute in a safe traffic environment.

104. Article 15 of the Jordanian Constitution stipulates the freedom of opinion and expression for Jordanians as long as it does not violate the law. Violating the implemented laws in this area will make the Jordanian citizen liable. However, a child can still enjoy her or his right even if his or her parents/guardian had violated the law in this respect.

105. There is no text in current legislation giving a child the right to make his or her own decisions or to express his or her views. However, children practise their right of expression through the various media (see paragraph 174 -177). Moreover, article 3/d of the draft Childhood Act provided for the child’s right to freedom of expression and the right to participate in all the issues that concern him or her.

106. The Law for the Welfare of the Disabled guarantees the right of people with disabilities to express their views. Article 3/i of the Law for the Welfare of the Disabled No.12 of 1993 emphasizes a person’s right to participate in all matters that concern him or her. Article 230 of the Law of Criminal Procedure guarantees the right of children with disabilities who are accused or convicted to specialized technical aid to suit their disability and guarantees them a fair trial.

107. Under paragraph 3 of article 3 of the Jordanian Nationality Law of 1954, every child born to a Jordanian father is considered Jordanian.

108. Under paragraph 4 of article 3 of the Nationality Law, a child born in the Hashemite Kingdom of Jordan from a mother with the Jordanian nationality, and a father with unknown nationality or without a nationality, shall acquire the Jordanian nationality. This is a protection measure against the child becoming otherwise stateless.

109. There is no text in Jordanian legislation that obliges parents to follow a certain pattern when naming their newborn. The Islamic Law urges people to select virtuous names for children. Moreover, a child can change his or her name through court in the presence of his or her parents.

110. Article 15 of the Personal Status Law stipulates that a child’s birth registration form should include data on the child’s sex, name, complete names of parents and their nationalities, their place of residence, occupation of parents, religion and place of registration.

111. The right to freedom of expression is a constitutional right for every Jordanian citizen. Thus there is no need to create a special text in order to give a child this right in particular. In fact, there is no actual legal provision in Jordan that literally provides for a child's right to the freedom of expression. Jordanian children express their views in programmes and publications specialized for children and through student councils that include student representatives elected by the school students themselves. It is worth noting that the Government created the Ministry of Political Development in October 2003, which has launched the Strategic Political Development Plan in early 2004. This Plan includes a number of points that focus on the participation of youth and guaranteeing children’s rights.

112. Radio Jordan, with the support of UNICEF, marks the International Children's Day of Broadcasting through radio broadcasts that are prepared and presented by children of all ages.

113. One of the most prominent national and Arab experiments in the implementation of the child’s rights to freedom of expression is the Children’s Parliament in Jordan. The Parliament was established in 1997 as an initiative from the JWU. This project came as a free forum concerned with children’s rights, forming a pressure group on decision makers. The project was followed by the inaugurating conference of the Parliament in which a number of papers directly concerned with children and their rights were discussed. At the end of the conference, the members of the first session of the Jordanian Children’s Parliament were elected.

114. The 120 members of the Children’s Parliament are elected during the Jordanian Children’s Conference, which is held in Amman for 3 days. Each candidate should have attained the age of 14 years, but not be more than 16 years at the time of candidacy The Parliament is elected to a two-year term of office, during which members are active in identifying youth problems, monitoring violations regarding children’s rights, and lobbying for legislation amendments. Other objectives include enriching children’s capabilities to participate in decision-making that affects their lives, contributing to Jordan’s efforts to institutionalize democracy by creating a generation that understands and respects the values and ethos of democracy and training children on the Convention on the Rights of the child (CRC) through the peer-to-peer methodology.

115. The conference for the second session (the current session) was held in late 2002, between 31 October and 2 November, under the slogan 'A Jordan Fit for Us'. This Conference was the fruit of 18 preparatory conferences that encompassed all the regions of the Kingdom. Two hundred children participated in each of the conferences, during which government representatives were elected to the Children’s Parliament. It is worth noting that the number of participating children in the Children’s Parliament (The General Assembly for the Children’s Parliament) was approximately 1,600 children. Moreover, representatives of children participated in a number of meetings and workshops to discuss the draft Childhood Act and the National Plan of Action for Children. The children’s participation was very effective in the formation of the plan and generating opinions about it.

116. Another module related to the participation of youth was created through the Political Development Strategy declared by the Ministry of Political Development in early 2004 in order to enhance the participation of children in public life. (An informative bulletin on the Jordanian Children's Parliament is annexed to this report).

117. Information and practices regarding the right to freedom of thought, conscience and religion were clarified in Section 1 of this report, under General Measures of Implementation

Fourth: New legislative measures and developments since the consideration of Jordan's second periodic report

a) The protection of the rights and freedoms of the child in the Personal Status Law:

118. Some developments have occurred since the submission of Jordan's report, one development is the Personal Status Law No.9 of 2001 and the annulment of the previous law No.34 of 1973 by introducing a number of amendments as follows:

Facilitating the process of registration of a birth by allowing the procedure to take place at any Personal Status Bureau, instead of a specialized bureau, as it used to be under the previous law. Article 13 of the Personal Status Law No. 9 of 2001 stipulates that a birth must be notified, within 30 days from the date of its occurrence, to the registry within the jurisdiction of which it takes place. If there is no registry in the area in which the birth takes place, it must be reported to the senior local administrative official, who must notify the competent registry within 30 days from the date on which the event was reported to him. If the birth takes place outside the Kingdom, the registration has to take place within 90 days. In all cases, there is a special form for birth registration that should be filled out.

Imposing a financial penalty if the birth is registered after the legal period allowed in order guaranteeing that citizens register births as soon as possible. According to article 13, paragraph c, “the amount of JOD 10 is collected as a penalty if the registration of birth is delayed further than the period of time allowed in paragraph (a, b) of this article.

Facilitating the registration process during travel by allowing birth registrations to be made at the Jordanian Consulate in a foreign country or the related bureau, according to what was stated under article 18 of the Personal Status Law No.9 of 2001, that births occurring outside the Kingdom should be registered at the Jordanian Consul in that country or at the concerned bureau according to articles 6 and 13 of this law.

The bureau secretary will register the incident in the register after conducting the proper investigation in order to verify the accuracy of the declaration, and that is what was stipulated under article 34.

119. It is worth noting in this context that regulations allow for the possibility of registering an illegitimate newborn at any time through a letter from the MoSD, accompanied by the birth document (for children born in hospital) or a document from one of the Public Security Bureaus (for children of unknown parentage).

120. The information in the register should include the day, date, minute, hour and place of birth, the child's sex and blood group, and the first name, surname, nationality, religion, place of residence and occupation of the parents. The Department of Civil Status has taken all measures to spread awareness about the importance of immediate birth registration through the following:

Spreading awareness through audio-visual media and through interviews conducted by the Director General on the above.

Issuing the manual of service where the conditions for registering the birth of a child and the necessary documents, as well as the legal period of time and penalties are explained in cases of delayed registration.

The general regulations found in the 'family book' issued to each family, where it is clearly stated that 'a birth must be registered within thirty days'. (A copy of the Personal Status Law No. 9 of 2001 is annexed to this report).

121. With regards to the Committee’s recommendations to take legislative measures to prohibit all forms of physical and mental violence, it is to be noted that the Jordanian Penal Code provides for the protection of children from abuse and exploitation under the following articles: 285, 287 – 292, 293/2, 294/2, 295 – 298, 279/2, 334/1 328/2, 330 – 336, 43, 302, 304-306, 310, 314, 389). More will come on this subject in Section 6 – child abuse and neglect (article 19) including rehabilitation and integration (article 39). Therefore, we will only mention hereafter the new amendments to the Personal Status Law and the Law of Legal Procedure, which is the currently active law in legal courts and whose purpose is to preserve the lives of children in cases where children can be lost or when they can be physically or psychologically hurt, in addition to guaranteeing a child’s visitation rights in an environment that allows for the child’s best interests.

a) Article 97 of the Law of Shari'a Procedure No.31 of 1959, has been amended under article 6 of the amended Law of Shari'a Procedure No.84 of 2001, which stipulates that article 97 of the original law is amended by adding paragraph (d) to become: If the suit concerns the demand of custody or guardianship or visitation rights, a judge must, where necessary, and upon his conviction and sufficient guarantees, make an urgent decision before ordaining a final sentence. Thus a judge, according to this amendment, has the powers to issue urgent decisions in cases of foster care or guardianship or visitation, if necessary, for the sake of preserving the child’s life or to ensure the best interests of the child or preventing actual harm, leaving the estimation of the issue to the judge’s convictions according to each case’s circumstances.

b) Article 163 of the Personal Status Law No.61 of 1976 has been amended according to article 8 of the amended Personal Status Law No.82 of 2001 which stipulates the annulment of article 163 of the original law that stated that ' Visitation rights are equal for the mother and father and paternal grandfather when someone other than the rightful custodian is in charge of the child'. It has been replaced with the following:

Visitation rights for the mother and the guardian are equal when the child is in the care of someone else other than the rightful custodian.

When litigants disagree about a child's visitation rights, then the mother and guardian have the right of visitation once a week, maternal grandparents have the right of visitation once a month, and others who are eligible for custody have visitation rights of once a year.

The judge determines the duration of each visitation and its place according to the best interests of the child if both parties disagree about that.

The amendment of article 163 determines the mother’s and care providers’ right of visitation as once a week and did not leave that to the judge’s personal assessment. Moreover, it has given the judge the authority to determine the place and duration of each visitation session when the litigating parties disagree about the above and according to the child’s best interests. The judge can also determine a meeting place, such as child visitation homes instead of leaving it to the executive departments that previously ordered visitations to take place at police departments or courthouses, which had a negative impact on the child’s morale and reflected negatively on his or her behaviour.

122. The Law of Residency and Foreigners’ Affairs No.24 of 1973 and its amendments and regulations provisioned under article 26 state that a foreign child is given a residency permit if the authorities are convinced of the reasons that justify his or her stay in the country, provided that he or she is under-age and his or her only care provider lives in the Kingdom. Moreover, the Jordanian law gives a minor born to a Jordanian mother and a foreign father a residency permit, in addition to the exemption of a female Jordanian citizen’s children from the financial penalties for exceeding the period of allowed stay if any.

123. The Juveniles act No.24 of 1968 and its amendments prohibit placing children in correctional and rehabilitation centres. Instead, and under this law, children are placed in MoSD juvenile welfare centres.

124. The provisional Monitoring of Minors' Behaviour Code No.51 of 2001 prohibits juveniles under the provisions of article 4/a from purchasing or consuming tobacco, alcohol, or drugs. Furthermore, the law prohibits juveniles from frequenting night clubs or bars or using minors for begging. Moreover, this Code has ordered the formation of a committee or more in each region of the Kingdom to monitor the behaviour of minors through regular inspection visits to ensure the implementation of the provisions of this article.

125. On its part, the provisional Law for Correctional and Rehabilitation Centres No.40 of 2001 stipulates in article 15 the rights of a child born to a mother staying at such centres as follows:

Article 15 / b: If an inmate gives birth at a centre, the birth is not to be registered to have taken place at the centre, limiting it to the governorate where the centre is located and without any mention of the centre.

Article 15 / c: An inmate has the right to keep her newborn until he or she attains the age of three years, after which he or she is given to relatives or to one of the foster homes.

Article 15/d: An inmate is allowed to bring in her child with her to the centre if he or she has not attained the age of three years.

126. The Ministry of Interior and the MoSD cooperate in the follow-up of the implementation of the above-mentioned regulations with regards to the following:

Obliging owners of shops frequented by minors to buy prohibited substances to put up a visible announcement that shows the types of illicit substances that minors are prohibited from purchasing.

Obliging nightclub, hotel and coffee-shop owners to put up posters that prohibit minors from frequenting such places, since such places can have illicit activity for minors.

Determining the authority of the Committee for the Monitoring of the Behaviour of Minors.

127. The Committee for the Monitoring of the Behaviour of Minors under the provisional Monitoring of Minors' Behaviour Code No. 51 of 2001 carries out inspection visits to the places included in the law to detect violations, deal with them and to ensure the implementation of the instructions for the protection of children.

128.The committees of the MoSD in cooperation with the Public Security Directorate implement the Social Defence Programme that came under the strategic plan for the MoSD through intensive campaigns to gather delinquent children from the streets and to take the administrative procedures and / or proper legal action in order to solve their problems and their families’ problems.

f) The establishment of the Human Rights and Public Freedoms Department at the Ministry of Interior and the Department of International Relations at the Ministry of Justice:

129. The Ministry of Interior established the Human Rights and Public Freedoms Department in 2003. It is one of the important initiatives in the field of the protection of rights and freedoms, including the protection of children’s rights. The Department follows up on the reports of international and local organisations and bodies specialized in human rights in Jordan, preparing its reports, studying them and working on solutions for them. Moreover, the Ministry of Interior, through this department, participates in national meetings, conferences and workshops to do with human rights, and children’s rights, such as its participation in the National Committee for Child Labour in order to prepare a national strategy to eliminate the worst forms of child labour.

g) The creation of the International Relations Department at the Ministry of Justice:

130. The International Relations Department seeks to achieve a number of targets, such as ensuring that Jordanian legislation is in harmony with Jordan’s commitments to international agreements and conventions, including conventions related to the protection of children’s rights.

Fifth: Role of the Jordanian media and news agencies in reinforcing the rights and freedoms of children

131. The Jordanian media generally respond to the developments related to childhood. The Jordanian youth survey Jordanian Youth: Their Lives and Views, published by UNICEF, indicates that two-thirds of Jordanian youth have some knowledge of the CRC. This was attributed to the intensive efforts made by the media to promote understanding of the principles and provisions of the Convention. The Jordan News Agency, Petra, has been focusing since 1998 on the various aspects of a child’s life in order to reach two targets: first, identify weaknesses in order to eliminate them and to identify what steps were being taken by governmental and non-governmental organisations towards fulfilling children's rights according to the provisions of the Convention. Petra News Agency has also focused during the past five years on the daily coverage of official and private activities related to children. In addition, child-related investigations and reports broadcast by the Jordan News Agency Petra during the past five years dealt with the children’s rights according to the Convention, as well as the daily coverage of official and private activities dedicated to children. The rights promoted by Petra include:

A child's right to shelter and the right to rest and leisure. This was accomplished for example through reports on older daughters who play the role of the mother to their younger siblings, children who sell various commodities at traffic lights and children who work in places such as car-repair garages.

A child's right to social, spiritual and moral well-being as well as physical and mental health. This was accomplished through reports on achievements in the field of culture, such as theatre, television programmes, libraries, books, magazines and activities at cultural centres, in addition to programmes that deal with issues of concern for children such as homework, heavy schoolbags and others.

A mentally or physically disabled child's right to enjoy a full and decent life. This was accomplished through reports on the integration of children with disabilities into schools and the community.

A child’s right to expression and participation has been achieved through reports and follow-ups on the Children's Parliament, the annual Arab Children's Congress, and the conferences that took place during the Arab Child Week held in Manama, Tunis, and Sana'a.

A child's right to care and protection. This was accomplished through reports on physical and mental violence against children and the institutions that follow up on these issues such as foster homes, the MoSD juvenile care centres, Dar Al-Aman and the Children's Hospitality Home. This is in addition to reports on the protection of children from harassment and abuse and on using videotapes to investigate with children.

132. The Jordan Television shows documentaries on children’s and adolescents’ rights, such as My Right and 12–18, in addition to intensive daily coverage of legal and social developments and conferences related to children in television and newspaper reports.

A) Legal and preventive measures adopted to render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities:

133. We would like to emphasize that there are legal provisions related to parents’ responsibilities (some of which were not mentioned in the previous two reports) most important of which are:

The Penal Code provides for the punishment of parents or legal guardians if they neglect or harm a child’s health according to article 290. (See initial report, paragraph 74).

The Labour Law under the provisions of article 67 gives the woman the right to unpaid leave for a period not exceeding one year to raise her children. Meanwhile, article 70 gives the mother the right to paid maternity leave before and after giving birth for up to a total of 10 weeks.

134. Article 71 of the Labour Law gives the working mother, after the end of her maternity leave, paid leave not exceeding one hour a day for breastfeeding.

135. Article 72 of the above-mentioned law stipulates that a business owner hiring no less than 20 married women must provide a suitable place with a qualified caretaker to look after the children of the women who need child-care services. However, the law does not provide for the same for working fathers.

136. The Jordanian legislation has created preventive laws specialized in the protection and care of children who apply to article 31 of the Juveniles Act No.24 of 1968 and its amendments and which determines the cases where a child is in need of care and protection. Such cases will be referred to in detail later in this section. In addition, there are other preventive measures such as providing financial assistance to needy families through the MoSD and the National Aid Fund, as well as advice and counselling to both or one parent upon their request through the MoH maternal and child care centres and some NGOs.

B) Measures adopted for children from single-parent families and belonging to the most disadvantaged groups

137. Public and private institutions, as well as NGOs have established a number of programmes for children belonging to the most disadvantaged groups, such as:

The Frequent Financial Aid Programme (for poor families). This programme is implemented through the National Aid Fund, which serves more than 71 thousand families. There are also similar programmes implemented through the Al Zaka Fund (Charity Fund) and the International Relief Agency as well as other social welfare societies.

Income-generating Project Programmes that are capable of working for the transitionally poor families and those threatened with poverty. These programmes are run by the MoSD, the National Aid Fund, the Jordanian Hashemite Fund for Human Development, Noor Al-Hussein Foundation, Al Zaka Fund, the General Union for Voluntary Societies, in addition to a number of other local and foreign societies.

The Housing Projects for the chronically poor families, supervised by the MoSD, which has so far completed more than 300 housing projects.

C) Measures adopted to ensure respect for the responsibilities, rights and duties of parents

138. The internal regulations of the institutions for the care of juveniles allow the parents of children separated from their families for any reason, to visit them at the institution. It also allows those children to freely call their parents.

139.Article 27/4 of the provisional Juveniles Act No.24 of 1968 and its amendments (No.52 for 2002) stipulates that the director of a juvenile welfare institution, and after the approval of the concerned director at the Ministry, is allowed to grant juvenile delinquents periods of leave (no longer than one week) on public holidays and special occasions if their conduct has been good.

140. The provisional Law for Reform and Rehabilitation No. 40 of 2001 stipulates that a child who is less than 3 years old and who does not have a provider can stay with his or her mother who is an inmate at a correctional and rehabilitation centre. It also provisions that such centres should establish a child- care home for the children of those women so as to provide the best care in a secure and stable environment.

141. The Personal Status Law stipulates that a child who is under the care of one of his or her parents has the right to see the other parent.

142. The Religious Courts are responsible for disputes over personal status (marriage, divorce, child custody, and inheritance). Some NGOs such as JWU run programmes for visitation with the purpose of preserving healthy relations among family members in cases of separation or divorce, in addition to the Better Parenting Project, which was initiated in 1997 by MoSD and 13 other governmental and non-governmental organisations with the support of UNICEF. The programme included training for more than 65 thousand families on positive child-rearing practices.

143. Jordanian legislatures have taken a major humanitarian step that is in harmony with both the Human Rights Memorandum and the CRC. This step provides for care and protection to children deprived from their family environment in the best circumstances to help build a child’s character, preserve his or her life, and provide him or her with a proper upbringing. This legislation has come a long way by establishing what is known as the 'foster family' for the child temporarily or permanently deprived of his or her family environment. The substitute family or foster family is defined under the Childcare Bylaw No.34 of 1972 as a family that is entrusted by the Minister of Social Development or by a court guardianship to any child in need of temporary or permanent care and protection for a limited or unlimited period of time.

144. The total number of children of unknown parentage to benefit since the beginning of the Foster Programme has reached 1,050 children, 650 of whom are with foster families and the rest in foster homes and have been waiting for placement with a foster family since 1998. These children are benefiting from the Al-Aman Fund for the Future of Orphans launched by Her Majesty Queen Rania Al-Abdullah in late 2003. In order to develop fostering conditions for children of unknown parentage, the MoSD has prepared the Fostering Bill and raised it to the legislation court to be passed after passing the draft Childhood Act.

Both prospective adoptive parents are asked to submit a fostering request to the MoSD

The couple must be in good physical and psychological condition to be able to raise the child in the proper manner.

The foster families must provide the child with all forms of required educational, physical, psychological, financial and social care.

The family must inform the MoSD in writing if there is a change in the place of residency, as well as informing the Ministry beforehand if they are to leave the country. If the family is residing outside Jordan, then it must inform the concerned official parties, such as the embassy in the country it lives in with every change occurring to the child’s residency address, and the Ministry will be informed through the embassy to facilitate the mission of following up on the child.

145. The Minister of Social Development or the court can decide whether the child is to be placed in one of the social welfare institutions to provide him or her with the necessary services after a thorough social study of the foster or substitute or original family. Repeated financial aid can be dispensed to the foster family from the National Aid Fund. The child’s father, or guardian or provider has the right to request the child’s return to him if the circumstances that forced sending the child to the institution, or foster family or substitute family do change. The MoSD and the court can decide upon that if necessary and according to the change of circumstances. Moreover, a child’s ethnic, cultural, linguistic and religious backgrounds are overlooked and he or she is treated equally to all other children in the legal procedures, keeping in mind the personal rights of some groups (ethnic /religious).

146.Some government bodies support the family in caring for the children and in taking alternative measures for those without families, as well as supporting orphans, their education and qualification in productive projects and numerous vocational workshops.

147. A special department for women’s affairs that cares for women and children has been created at the Ministry of Awqaf and Islamic Affairs. This department calls for equality in raising male and female children. Moreover, it provides substitute family protection to child victims of dysfunctional families or those who are the result of illegitimate relations through the family and childhood welfare institutions. There are now 24 such institutions, harbouring 1,300 children, 394 of whom are illegitimate, 550 from dysfunctional families and 354 are orphans.

148. In addition to what was mentioned in Section 1 of this report about Jordan having chosen what conforms to its religion (Islam) from the custody options stated in article 20 of the Convention, and that is the custody programme by which substitute care is provided to children deprived of their families. The MoSD works on securing foster care for illegitimate children, according to the instructions of foster care currently active and issued in accordance with the Child care Bylaw No.34 of 1972. The MoSD held a workshop on the role of the family in providing care for illegitimate children in July of 2004, as part of the preparations for the foster care system that helps integrate illegitimate children into normal families.

149. Periodic reviews are carried out to check on the situation of children deprived of their family environment through periodic follow-up studies and visits to both the children and their families. If it is found that it is in the child's best interest to be reunited with his or her family, then the child will be reunited with his/ her family. However, if this is not the case, periodic reviews of the treatment provided to the child continue.

150. The MoSD in coordination with the Juvenile Court reviews the situation of children placed in child care institutions through the child's probation officer's report and the recommendations of the Minister of Social Development. The reviews are carried out on the following basis:

a. Cases placed according to the childhood bylaw are reviewed by the social specialists in institutions and the suitable decisions are made by the Minister of Social Development.

b. Children institutionalized by a court order according to article 34 of the Juveniles Act No.24 of 1968 and its amendments, which stipulates that the periodic review is carried out by the probation officer or the social specialist at the institution and upon that, the Minister of Social Development makes his recommendation to the court. The court can also base its decision on the recommendations of the Minister of Justice.

151. A child's maintenance is collected through court according to the provisions of the Personal Status Law, which guarantee a child’s right to maintenance. The related articles were included in detail in the second periodic report (paragraphs 86- 90) articles 168 (a child’s maintenance of food and drink, clothing shelter) and 169 (education) and 170 (medical care), 171 (the child with a poor father), 173 (poor children), 174 obstacles in adequate support cases.

152. The Personal Status Law guarantees the respect of the principles of non-discrimination and those of the child’s best interests with regards to maintenance as follows:

The Jordanian Personal Status Law does not discriminate between the maintenance of a child whether it is male or female. On the contrary, the law comes without any gender specification. Religious Courts impose an equal amount for both girls and boys.

The law gives an adult female and an adult male the right to file suits to pursue their rights and did not discriminate between males and females.

The above-mentioned law did not discriminate between males and females with regards to the expenses of education.

153. Article 25/ a related to the Children’s Expenses Loan Fund was listed in the draft Childhood Act with the aim of accelerating and facilitating procedures in order to remove some of the obstacles women face in recovering maintenance for their children. Such obstacles include lengthy trials, high cost of going to court, and the small amount of maintenance.

154. Some NGOs working in the field agree that effective measures should be taken to remove the obstacles faced by the mother when attempting to recover maintenance for her child. This could be achieved through a court ruling ordering the immediate dispense of a certain amount of money for the child regardless of his or her social status, setting a time limit for the duration of maintenance hearings, and making the father pay all the child's expenses, as well as assigning a guarantor to assist the father in carrying out the court's ruling regarding maintenance.

Sixth: Abuse and neglect, including physical and psychological recovery and social reintegration

A) Legislative measures to eliminate all forms of violence against children:

155. With regards to the Committee’s inquiry about what specific legal provisions exist to protect children from being ill-treated in their homes, schools and other institutions, we clarify that the Hashemite Kingdom of Jordan has always sought to preserve children and their lives, as well as ensure as their proper development. There are a number of laws that provide for the protection of children from abuse, neglect and sexual exploitation. There is no need to specify the details of such laws since they were included in the previous two reports. In addition, some amendments were introduced to the Juveniles Act No.24 of 1968 that were specifically made to guarantee protection and care for children who are exposed to abuse by one or both parents (article 31). The draft Childhood Act article 3/a, provides for the protection of the rights of the child and his or her right to life, survival and development.

156. We list hereunder the numbers of the articles included in the Jordanian Penal Code on the protection of children from abuse and exploitation, included in the previous report. The articles are: 285, 287, 292/3, 294/2, 295-298, 279/2, 334/1, 328/2, 330-336, 343, 302, 304-306, 310, 314, 389.

157. It is worth noting that article 62 of the Jordanian Penal Code specifies for parents or guardians the types of corporal punishment allowed to be used for disciplining their children, as deemed acceptable or reasonable to society. However, some NGOs see that this article needs amending based on the fact that the article is open to interpretation. Moreover, there are a number of demands to amend or increase penalties related to some of the texts in the above-mentioned articles.

158. Jordanian legislators did not only impose penalties on the perpetrators of the above- mentioned articles, but have also enacted legislation to protect children from abuse and neglect. Thus it considers that every child who applies under the following conditions is in need of care and protection, according to article 31 of the Juveniles Act No.24 of 1968 and its amendments effected after the presentation of Jordan's second periodic report:

Every child under the care of a parent or a guardian who is unfit for this role due to his or her criminal acts, addiction (to alcohol, drugs, narcotics) or immoral acts.

Everyone committing acts of prostitution, corruption, gambling, or serving people who commit those acts or mingles with ill-reputed people.

Everyone without the legal means to make a living or without a trusted provider or whose both parents or one parent is deceased, jailed or absent.

Everyone who is ill-behaved and rebels from his or her parents’ guardianship or authority or if the guardian is deceased, not present or unqualified.

Everyone who is a legitimate or illegitimate child, who had previously committed an immoral act with one of his children.

Everyone exposed to intentional harm by one of the parents or step-parents that exceeds hitting considered as reasonable chastisement by society.

Everyone exploited through begging, prostitution, corruption, moral corruption or serving those who perpetrate such acts or any other illegal acts.

B) Governmental and non-governmental bodies working to protect children from abuse and neglect:

159.A number of governmental and non-governmental bodies were established in Jordan to guarantee the implementation of the law with regards to the protection of children from abuse, neglect and sexual exploitation, as well as parties who receive complaints about such violations and deal with them in a professional manner. These bodies include the MoSD, the JRF, the Family Protection Department, MoH, and the National Centre for Forensic Medicine.

160. Other non-governmental bodies working in the field of child protection and the rights of the child include the Child Care Society and The Society for the Rights of the Child. In the field of receiving grievances on violations of children’s rights, bodies such as the Jordan Society for Human Rights, The Arab Organisation for Human Rights – Jordan Branch, UNICEF, and The British Council. There are also other parties that work partially in the field of children’s rights, such as The Jordanian Women’s Association, the Family Awareness and Counselling Centre, in addition to the bodies working in legal counselling for women in cases such as divorce, adequate support, guardianship, such as addition the JWU, the International Institute for the Solidarity of Women, Mizan Law Group for Human Rights and the Human Forum for Women’s Rights.

161.The Jordanian public and private sectors intend through their various programmes, to take educational and legal measures that reinforce positive non-violent disciplinary patterns through care and non-violent, non-abuse communication methods. Furthermore, programmes and effective measures need to be taken to support the abused children.

162.With regards to the Committee’s remarks on rehabilitation programmes for abused children and the suitable procedures for receiving complaints, we supply hereafter a brief presentation for the roles and missions of a number of those parties challenging the problem of abused children, such as the MoSD, Department of Family Protection, JRF, Jordanian Women’s Union, and the Family Protection Project:

163.The MoSD and private voluntary parties work through 24 child care institutions that harbour an average of 1,300 children and 10 institutions for the care, education and rehabilitation of juvenile delinquents that include an average of 450 children. These parties work to provide all the basic educational, psychological, and social, health, and entertainment services for the children benefiting from such institutions. The Ministry constantly supervises the services provided in the institutions to guarantee quality and to ensure that no violations of children’s rights occur. It is worth noting that the active internal regulations at those institutions prohibit any form of corporal punishment and all forms of abuse. Moreover, the Penal Code prohibits the use of corporal punishment as a means of discipline.

164. The MoSD has also established a special complaints unit directly linked with the Internal Monitoring Unit and with the Minister to observe violations of the rights of institutionalised children. However, according to a 1999 study on care in government institutions, no complaints were filed by any of the children.

165.Jordanian legislatures consider abuse a crime penalized by the law, and therefore it is mandatory to report any case of abuse in child welfare institutions to the concerned authorities for investigation and prosecution of the perpetrator regardless of his or her status.

166. The Family Protection Department, under the Public Security Directorate was established in 1997. It receives information and complaints of abuse, including sexual abuse, regardless of the age of the victim, or whether the abuse occurred within or outside the family. It also deals with cases of child neglect. This department is also the first of its kind in the Middle East.

167. The Family Protection Department receives all kinds of complaints, whether complaints are made through the Department's 24-hour hotline, or by personally filing a complaint at the Department, or through relatives, friends, hospitals or schools. Great consideration is given to the psychological and social well-being of the victim, and all efforts are made to ensure maximum comfort for the victim. All cases are handled with the utmost confidentiality and privacy.

168. Cases are forwarded to the Family Protection Department for medical investigation at the National Centre for Forensic Medicine clinics. The victims are examined by a forensic doctor in a specially designed and equipped clinic. The cases are then followed up by the Social Service Bureau at the Family Protection headquarters. However, cases that require professional psychological help are referred to the psychiatrist’s clinic, also located at the same headquarters, but is affiliated with the MoH.

169.The Family Protection Department has taken a number of effective steps in the context of the development of its functions, which include the following:

Issuing a statement to all other security departments explaining the role and function of the Family Protection Department and requesting that all cases of abuse or neglect are directly referred to the Family Protection Department.

Expanding its services by establishing four new units in Zarqa, Balqa, Irbid and Aqaba that fall under the main administration. Two more units will be opened in Karak and Madaba in early 2005.

Introducing a new method to record the testimony of children in hearings and investigations by using a video camera. It is worth noting that related legislation has been passed. This minimizes psychological pressure that the children face due to having to repeat their testimony several times. Moreover, the Department holds public awareness lectures and campaigns to inform the public about child abuse and neglect.

170. Listed below are the Departments' statistics on the numbers of abused children of both sexes (physical and psychological abuse) throughout 1999-2004:

171.More on cases of sexual abuse will be looked into with more detail in section 8 of this report.

172. The JRF, established in 1997, is a non-profit NGO chaired by Her Majesty Queen Rania Al- Abdullah. One of its main areas of concentration is protecting the rights and needs of children through of its Child Safety Programme. The programme operates based on two guiding principles: prevention and intervention.

173. The Prevention Centre at the JRF was established in 1997, based on the recommendations of the Committee on the Rights to prevent ill-treatment of children and to raise awareness of its negative consequences. The Centre also aims to provide personnel working with children with positive child-rearing practices to protect children, and to identify, confront and eliminate different kinds of abuse through awareness, training and prevention programmes supported by UNICEF as follows:

The awareness programme on protecting children from Abuse. Around 950 people benefited in the Nassr area in Amman from this programme from 1999 to 2002. In 2003, almost 1,230 people benefited from the programme.

The training programme for primary caregivers on ECD concepts and practices from the age of 0-4 years and from 15-18 years. Four hundred and twenty parents were targeted through this programme by 2004.

The training programme for those who work with children on ECD concepts and practices from the age of 0-4 years. One hundred and thirty workers had benefited from this programme by the end of 2004.

The Child Protection Programme directed to increasing awareness among children about child abuse: Three hundred children from the local community of Al Nassr benefited from this programme from 1999 to 2003. The programme aimed to improve their social skills, reinforce their self-confidence, supply them with the necessary skills to effectively adjust to circumstances and how to manage their anger and communicate effectively with individuals and in groups, in addition to self-exploration skills. The Programme is also currently implementing an activity called 'School Letters', which is directed towards a large segment of school students. 'School Letters' provides educational letters suited to the children’s different ages. In addition, a puppet show will be held for school students to increase awareness about the principles of the CRC and the objectives of the Child Safety Programme.

The Child Safety Programme has implemented a number of activities as part of its information module including:

Organising awareness campaigns, one of which took place in 2000 under the slogan 'Protect a Child, Build a Nation'. Another campaign was launched at the end of 2003 with the aim of reinforcing better parenting and positive child-rearing practices through television shows and advertisements about public services available in this field, in addition to the distribution of audio-visuals.

Launching of 'Ajyaluna' (Our Generation) campaign by Her Majesty Queen Rania Al- Abdullah in June 2004.

Supervising the preparation and presentation of a television show called Beit Sagheer (Little House) with a total of 13 episodes for its first season. The show deals with the early childhood stage and aims to reinforce the concept of prevention from abuse. It is directed to all segments of the Jordanian society and was aired towards the end of March 2004 amidst a huge promotion campaign. The JRF received the International award from ISPCAN, The International Society for Prevention of Child Abuse and Neglect. Moreover, JRF obtained the gold medal in the artistic campaign 'Banality in Cairo'.

174. The Child Protection Centre Dar Al-Aman was established in 2000 in cooperation with the MoSD as a specialized centre for the care and treatment of abused children. The Centre receives cases referred to it by the Family Protection Department. The function of the Centre is heavily related to the MoSD, the MoH, and the MoE and with legislation through the Juvenile Court. The Centre since its establishment has dealt with approximately 93 cases of various forms of abuse (physical, sexual, neglect, or multiple forms of abuse). Of the 93 cases recorded, 58 were girls and 31 were boys.

175. Dar Al-Aman serves as a temporary shelter and offers psychological, medical, social, and educational care for child victims of physical and sexual abuse and neglect. Part of the rehabilitation process that the children at Dar Al-Aman go through is child-centred, individual and group therapy sessions designed to empower the children and help them realize that they are not alone in their suffering. Caregivers receive continuous training on developmentally appropriate responses in working with abused children, instruction in behaviour management and ways to improve children's social skills. It also strives to provide appropriate schooling for children according to their age groups. As for younger children who are not enrolled in schools, they take some lessons in preparation for their formal education. The Centre also provides services such as art, music, and field trips.

176. The Centre also works closely with the families of institutionalised children, with the ultimate aim of returning the child to better family conditions. This is achieved through various forms of treatment that the children undergo, each according to his or her individual needs and circumstances.

177. The Centre has a special section for providing counselling for cases that do not require admission. The number of such cases is approximately 130, whereby it provides treatment (both psychological and social) to the victims and their families. It has also continued to provide rehabilitation programmes for victims of abuse that require intensive follow-up.

178. The Jordanian Women’s Union is a NGO, established in 1954. The Union runs three projects that include Dar Diyyafat Alnissa, a shelter for abused women, which from 2000 to 2003 received around 290 cases of abuse (physical, sexual, psychological) that were perpetrated against females under the age of 18 and that were referred to the shelter by the Family Protection Department. The Union also runs a confidential hotline for legal advice and services, manned by lawyers, psychologists and social workers. The hotline, established in 1996, had received until mid-2004 around 3,000 calls from children aged 7-18 years. In addition, the Union runs the Dar Diyyafat Altifl, which is a children’s home and family counselling programme that helps around 1,500 children from broken families, and has offered accommodation to 1,000 children from families separated by the court's request. The home has replaced courts and police stations for family visits, as they can now be conducted at the home in a comfortable and friendly atmosphere, in an effort to alleviate the suffering of the victims and their families. Personnel monitor the families and attempt to find a solution to their problems so parents can be reunited with the children. So far, the family counselling programme has reunited 130 families.

179. The Family Guidance and Awareness Centre in Zarqa received around 100 cases of abuse that were later referred to the Family Protection Department. The Centre has successfully reached 1,600 primary caregivers and people working with children in Zarqa, in an effort to increase awareness of positive child-rearing practices, and correct methods of dealing with abused or at-risk children The Centre's programmes also aim to shed light on the reasons behind delinquency and the problems that children might face. As for children themselves, the Centre has reached 240 children from Zarqa through activities that aim to educate them about social life and family relations and on effective communication with parents. The programme also targeted 50 other children through various activities such as painting on wood, stone and glass, in order to change their misconceptions of materials that could be used in the violence committed against them. The Centre also offers activities such as Taekwondo, swimming and karate. Furthermore, the Centre held a number of national encounters on the topic of confronting and preventing child abuse. The hotline received 300 calls between 2003 and 2004 related to various problems such as: psychological counselling (66 calls), legal advice (100 calls), social problems (80 calls), other problems (40 calls), family or emotional problems or academic under-achievement (20 calls).

180.The Family Protection Project, funded by the Department of International Development and managed by the British Council, was launched in March 2000. It has worked, over the past three years (2000-2003), in partnership with governmental and non-governmental organisations to strengthen institutional capacity to combat family violence, child abuse and sexual assault cases. It has been extremely successful in building networks between governmental and non-governmental agencies and professionals working on family protection issues. This has led to greater understanding and appreciation of their roles and increased collaboration between them. Such agencies include the Public Security Directorate, The Ministry of Social Development, Justice, Education, Health, Awqaf and Islamic Affairs, Information, the National Council for Family Affairs, the Family Guidance and Awareness Centre, the JWU and the JRF. This pioneering project received the recognition of the International Community when the Family Protection Project Management Team (representatives of both governmental and non-governmental organisations) was awarded the United Nations High Commissioner for Human Rights (OHCHR) Human Rights Prize for 2003, a prize awarded once every five years. The Family Protection Project works under the umbrella of the National Council for Family Affairs, specialized in family protection.

181. A number of parties in Jordan have prepared training manuals and specialized programmes on child protection topics, as shown in the table below:

Number of Beneficiaries -Number of Activities - Institution Title of Training Manual
55 participants3 training courses for mothers and nursery workersUNICEF and JRFPositive early childhood development practices from birth to 4 years
40 participants2 training courses for people who work with mothers and young peopleUNICEF and JRFPositive ECD practices from 15 to 18 years
240 trainees
6,200 participants12 training courses and 117 lecturesUNICEF and JRFConcepts of the prevention of child abuse
The British CouncilAbuse issues for counsellors in elementary schools
600 children13 workshops in schools (pilot phase)JRFArts for the Protection of the Child Project
The Jordan Society for Human RightsLearn your Rights and Teach Them
Human Forum for Women’s RightsThe rights of women and children
310 participants were trained from the Public Security Directorate, the legislative sector, and non- governmental organisationsMoSD in corporation with UNICEF and Penal Reform International with the participation of other official and non-official organisationsJuvenile Justice Training of Trainers Manual– Noor
The International Institute for the Solidarity of WomenTraining Kit on the Rights the of Child
training 600 mosque preachersUNICEF in cooperation with the British CouncilReligious Leaders' Manual for Early Childhood Care and Development
6,875 participants and the participation of service providers570 workshopsThe Youth Project 10 – 18, UNICEFThe Youth Service Providers' Module
14,110 participants417 workshopsThe Youth Project, 10 – 18 years, UNICEFTraining Manual on Basic Life Skills
4 experimental activitiesJRF (with the support of Save the Children)Salhouf’s Project for Puppets
13 episodes for the first seasonJRFThe television programme Little House
The Youth Project, 10 – 18 years, UNICEFYouth Educational Manual
JRF'Ajyaluna' Campaign (Our Generation) in the media

182. Jordan seeks to continue with its serious efforts in protecting children from abuse through the collaboration of governmental and non-governmental institutions working in the field. Concerned NGOs seek to achieve more protection for children through the implementation of the following:

Activating the obligatory bylaw on the mandatory reporting of cases of abuse against children by personnel working with children according to the draft Childhood Act, article 17/c (according to article 25 and 26 of the Criminal Law Procedures and paragraphs 1, 2, 3 of article 207 of the Penal Code.

Expanding the services of the Family Protection Department to include all the governorates in the Kingdom.

Completing the construction of the JRF's Child and Family Centre. The Centre seeks to prevent child abuse and neglect by supporting families and providing parents and children with the skills and resources they need, including programmes on ECD.

183. The Jordanian Government provides services for disabled children through the Ministry of Social Development, Health, Labour and other government institutions, in addition to the services provided by welfare societies and the private sector. Services include the training, rehabilitation, treatment, awareness, and counselling for disabled children and their families in addition to social integration. These services are provided both by the day-care institutions and residential (boarding) institutions. The Government exempts from taxes all materials, tools, assistive devices and so on used for disabled persons. This exemption includes work permits for non-Jordanians recruited from abroad to work with persons with disabilities.

184. The efforts of the MoSD and other parties are focused on institutional care and social integration and rehabilitation, while the services of the MoH are geared towards the early detection of disabilities, issuing free-of-charge health insurance cards for needy disabled persons and their dependents and referring cases to suitable welfare centres or establishments.

185. With regards to the early detection of disabilities, we point out that 24,000 persons visited the Centre for Early Detection of Disabilities since the beginning of 1990 and until the end of 2003. Those cases were referred to special education centres or were integrated in the community. In the last five years, it was evident that the number of disabled persons visiting the centre stabilized at around 2,000 – 2,500 new cases, or what is 1.5 per cent of annual births (that reach a total of 150,000).

186. It is worth noting that the Centre’s main aim is to guarantee the rights of the disabled child as provided for in the Law for the Welfare of the Disabled of 1993 and to improve the overall quality of life for the disabled child. The Centre receives 2,500 new people (from birth to 18 years) each year with different types of disabilities. The Centre can be visited without prior appointments in order to obtain the services or reports needed to join any special education centre, or to obtain monthly medical aid, or to get an exemption for the fees of foreign carers to help look after people with profound disabilities. The centre's future plans include the establishment of disability detection and diagnosis centres in the north and south of the Kingdom, as well as implementing the obligatory medical check-up for couples planning to wed and providing medical check-ups for neonates to detect genetic diseases.

187.Special education services are provided to disabled persons of various ages and degrees of disability. Such services are provided through the 144 centres and institutions, whether public, private, voluntary, or international, distributed throughout the Kingdom, benefiting 26,000 persons with disabilities.

188. The special education centres are categorized into various types that include welfare and rehabilitation centres affiliated with the MoSD, the private sector institutions, as well as the centres and schools affiliated with the MoE and UNWRA centres. These centres are geographically distributed according to the number of residents in each area, and the types of disability as follows:

The MoSD centres: There are a total of 14 centres, providing shelter, care, training, rehabilitation, treatment and family counselling. These centres cater for persons with mild, moderate or profound mental disabilities, hearing impairments and physical disabilities, from the ages of 4 and up to 40 for both males and females. The number of disabled persons benefiting from these centres is 1,030, of which 800 are children.

MOE schools: There are 12 schools providing educational services for 900 girls and boys with sight and/or hearing impairments from KG and up to grade 7.

Private sector centres: there are 31 centres that provide shelter, rehabilitation, training, and education for persons with autism and mental disabilities. Of the 1,320 persons benefiting from these services, 1,051 are children.

Voluntary society centres: There are 62 centres providing rehabilitation and training for persons with mild, moderate or profound mental disabilities. Of the 5,080 persons benefiting from these services, 2,830 are children.

International organisation centres: There are 13 centres providing services for 2,540 persons with mental or/and physical disabilities, hearing and sight impairments; of those, 2,830 are children.

Centres for detection and diagnosis, as well as providing speech therapy and rehabilitation. These centres are affiliated to public or voluntary sectors. There are 12 centres, serving 15, 130 persons, 14,700 of which are children.

189. Following is clarification regarding the Committee’s recommendation to determine the size of the disability problem among children:

190. With regards to the Committee’s concluding observations on the efforts to ensure effective access to education for the disabled, we point out the following:

191.With regards to the health care provided to disabled persons who are enrolled in special education centres, we point out that most of them have health insurance, and that allows them access to the necessary health care services. However, there is a need to increase the number of nurses, physiotherapists and occupational therapists in welfare centres for the care of persons with severe disabilities and at rehabilitation and physiotherapy centres for the disabled. It is also worth noting that the most important gaps in the field is that the initiative adopted by the MoH is mainly focused on the medical aspect, whether preventive, curative or rehabilitative; it does not include the psychological aspect of the issue or counselling and support for the families of persons with disabilities. There is also an obvious need to increase the number and outreach of centres for the early detection of disabilities since there are only two such centres in Jordan, one in Amman and the other in Karak. Moreover, the classification of welfare centres and disabilities are confusing for both parents and to a lesser degree, practitioners, especially when a person has multiple disabilities.

192. The progress achieved by of the MoSD in providing services for persons with disabilities since the consideration of Jordan's second periodic report can be summarized as follows:

The Ministry licensed 24 private voluntary sector centres for persons with mental disabilities.

The Ministry graduated 427 trainees from vocational rehabilitation centres after completing their training in professions that suit their degree of disability and the market needs.

The number of disabled employees working in institutions and ministries in 2004 reached 640. Of these, 487 had a physical disability, 49 had hearing impairment, 102 had sight impairment and two had a mental disability.

As provided for in the Law for the Welfare of the Disabled, and as part of the embodiment of the principle of integration and equal opportunity, 17 educational centres (hearing, physical, sight) were removed from under the MoSD and transferred to the MoE, where the total number of students reached 904.

193. Jordan is considered to be one of the first Arab countries to issue a law for the welfare of disabled persons in 1993 and the first Arab country that passed a law for the establishment of a national register for persons with disabilities in 1996. The National Disability Register was established by the National Council for the Welfare of Disabled Persons to serve as a database of all disabled persons in the Kingdom, as there was a need for comprehensive and reliable information on the disabled population in Jordan. A specialised detection team was formed of representatives from various ministries including the Ministry of Social Development, Health, Education, the Higher Committee for the Management of Programmes and Projects, the Royal Medical Services and in cooperation with the Society of the South for Special Education. The team carried out a field survey in various governorates to determine the number of disabled persons of all ages and the type and severity of their disabilities. Following are the results

194. The results reveal that the percentage of disabled persons does not exceed 1 per cent of the general population in the various regions. The survey will cover all areas of the Kingdom and will be completed by the end of 2005. There has been a coordination of efforts between the MoSD, the National Register's Committee and the voluntary sector to secure the needs and requirements of those whose disabilities were diagnosed.

195. The National Council for the Welfare of Disabled Persons has made some remarkable achievements; however, it did not prepare a comprehensive national plan to focus on the needs of children with disabilities based on the programmes being implemented by the MoSD, Health, and Education on the one hand and NGOs on the other. The Government has recognised this fact and is working to rectify the situation.

196. With regards to the Committee’s recommendations to expand and strengthen community-based rehabilitation, we point out the following:

Based on the strategic plan of the MoSD for 2004 – 2006, it has planned to activate community-based rehabilitation programmes to serve persons with profound mental disabilities and multiple disabilities within their homes and their local communities, since this programme relies on the local community in the first degree, and providing them with special education services, physiotherapy, and family counselling. The community-based rehabilitation programme aims to train family members (care providers) in order to enable them to care for and train their children, since institutions provide temporary services that do not replace the role of the family.

This service is provided by qualified volunteers from the local community and under the supervision of sub-committees and the coordinating committee which are formed from the public and voluntary sectors.

One hundred and fifty-three people are benefiting from the MoSD's programme in the southern, middle and northern governorates. They were provided with the necessary mobility aids as well as creating accessible environments to help them with transportation and communication. There are also various sectors in Jordan that provide these services.

197. In order to educate individuals and groups in the community on the training and rehabilitation of the disabled and the importance of integrating this category into the community, and based on article 4/e of the Law for the Welfare of the Disabled No.12 of 1993, pertaining to the role of the media in emphasising the importance of integrating disabled persons into society, the MoSD has formed a higher consultancy committee of all parties concerned with the care and rehabilitation of the disabled, including a media sub-committee.

198. The community awareness programme aims in particular to inform and educate individuals and communities on the causes, prevention and handling of persons with disabilities, as well as modifying negative attitudes towards the disabled and their abilities. The youth survey conducted by the Department of Statistics and UNICEF, shows that 97 per cent of young people are willing to help any disabled person in public places, 75.2 per cent are willing to befriend a disabled person and 72 per cent are willing to work with a disabled person; however, only 10 per cent would be willing to marry someone with a disability.

199.One of the most prominent activities carried out by the Higher Committee for Media Consultancy in 2000 was the national awareness campaign for the care of the disabled, under the slogan 'Serving the Disabled within His family is His Right. The Ministry of Awqaf and Islamic Affairs participated in the activities of this campaign, most important of which was the closing workshop under the same slogan on the 14th of October 2003. Flyers that focused on the Islamic view of the disabled person and his or her care were distributed, urging families to carry out their role in providing care for their disabled children.

200. NGOs providing rehabilitation services to the disabled in Jordan set their work priorities by implementing both the Law for the Welfare of the Disabled No.12 of 1993, and informing the public of its provisions. NGOs also undertake the role of the National Council for the Welfare of Disabled Persons and work to ensure total tax exemption for devices and aids necessary for the disabled, as well as creating a disabled-friendly society by removing all that impedes their mobility and accessibility.

Obligatory pre-marriage medical check-up. Centres are currently being equipped with the necessary lab equipment and personnel are being trained for this purpose. It is worth noting that around 40,000 marriages take place every year.

Preparations are underway to provide medical tests for neonates at the national level, so as to detect any deficiency in the thyroid gland secretions and phenylketonuria (PLU), which, if detected at an early stage, can prevent disability and protect 70 newborns from disability each year.

Forms at maternal and child care centres have been updated to make it easier for trained staff to detect disabilities in order to refer any cases to the Centre for the Detection of Disabilities for further tests and evaluation.

Jordan ratified the ILO Convention No.159 of 1983 concerning the Vocational Rehabilitation and Employment of Disabled Persons in 2003.

The Government passed legislation in 1993 (National Construction Law No.7 of 1993 active as of 21 April 1993) ensuring accessibility to public places, the outdoor environment, land and air transportation and housing, requiring future public buildings to accommodate the needs of persons with disabilities and to retrofit existing public buildings. This has included levelling off pavements to make crossroads more accessible. Examples include the entrance to the Prince Hamza Stadium, the Al-Hussein Society for the Habilitation/Rehabilitation of the Physically Challenged, a number of hotels in Amman, The King Hussein Park and the Princess Rahma College in Salt.

Making the resource rooms available in public schools for the use of children with learning difficulties up to grade 12 and including children with disabilities in mainstream schools at the obligatory stage of education.

Increasing the number of free diagnostic centres for disabilities to cover all regions in Jordan and to include all citizens.

Building cooperation between Jordanian Universities and field services for the disabled to improve the performance of those working in the field.

202. With regards to the Committee’s concerns at the disparities in the enjoyment of rights, especially with regard to health experienced by children belonging to vulnerable groups, including those living in rural regions of the Kingdom or the desert, we point out the following:

203. Legislative changes have been made to make pre-marital examinations obligatory. Thalassemia tests are being conducted as a first step and then screening for other diseases will be gradually included. This amendment comes as a precautionary measure taken by the MoH to prevent disabilities and genetic diseases in children. Moreover, labs around the Kingdom have been equipped with the necessary equipment to conduct such tests.

204. As for the Committee's recommendation that adolescents have access to and be provided with reproductive health education and the dangers of teenage pregnancies, we point out that statistics show that only 4 per cent of teenage girls were pregnant in 2002, in comparison to 6 per cent in 1997. This is an indication that the Government has been successful in its efforts to raise awareness about such issues. The statistics also reveal that 2 per cent of the girls who became pregnant were 16 years old, and no pregnancies occurred in girls aged 15.

205.The annual report for communicable diseases (2002) issued by the department of Disease Control at the MoH has revealed the following:

None of the following communicable diseases have been recorded in Jordan in 2002: Cholera, the plague, yellow fever, tetanus, polio, diphtheria, rabies and syphilis. Moreover, Jordan has been declared polio-free since 1995. The Department of Disease Control follows up on a weekly basis on the detection of all diseases.

Three hundred and fifty-five cases of AIDS have been reported since 1986, 136 of which were incidents among non-Jordanians. In 2003, 22 males and seven females were reported with AIDS. Of these, three were children aged between 0-14 years. The incidence of AIDS in Jordan is considered to be very low, while most of the cases involved people coming to Jordan from abroad or who contracted the disease through blood transfusions.

The DHS 2002 study revealed that 18 per cent of women do not know anything about AIDS or how it is transmitted, while 33 per cent know only one way of avoiding the disease, whereas 39 per cent know two ways or more. The MoH carried out in December 2004 a campaign on AIDS that targeted adolescents around the country.

The majority of cases of diarrhoea/bloody diarrhoea are caused by food poisoning and acute infections of the intestinal tract, resulting from low living standards and low levels of hygiene.

206. With regards to efforts made to increase awareness on maternal health and family planning, we point out the following:

- Field counsellors have been trained in reproductive health to inform women and direct them to benefit from the available services in a number of regions.

- The primary health care services were expanded so that by 2003 there were 52 comprehensive health centres, 340 primary health care centres, 259 reproductive health care centres and 353 maternal and child care centres. The total number of comprehensive and primary centres reached 389. Moreover, training of workers in primary and reproductive health care is ongoing.

- Reproductive health education has been added to school curricula, as well as some activities to improve curricula content to include all aspects of all the National Strategy for Reproductive Health.

207.The number of school students who were medically examined in 2001/2002 academic year was 343,857 students (male and female), representing 99 per cent of the students to be examined. Whereas, in 1997 the number was 304,575 and 289,767 for 1993, representing 97 per cent of the total number to be examined.

208.The percentage of healthy students was 92.5 per cent of those who were medically examined. This rate is on the increase, which reflects a marked improvement in the health of schoolchildren and the quality of services and follow-up provided to this category.

209.The number of students treated in schools was 13,370 in 2001/2002, while the number was 19,290 in 1993 and 17,779 in 1997. This indicates an overall improvement in students’ health, their immunity and resistance to disease, improved nutrition, and increased health awareness among students, parents and teachers alike with regards to disease and prevention, as well as the improvement of the school environment, including the school premises and facilities.

210.The number of students who were immunized as part of the National Programme of Immunization for 2001/2002 was 285,225 students in comparison to 254,684 in 1993.

211. The Health Awareness Programme continued in schools with the aim of increasing awareness on health issues through holding lectures, showing movies and distributing health leaflets and posters. The student health committees also participated in various health awareness programmes.

212. Work on the “Free Eyeglasses Project” continued for students in the primary stage in public schools. In addition, free treatment for poor students referred to health centres continued at all levels

213. The MoH in cooperation with the MoE continued its immunization campaign against polio, measles, tetanus, diphtheria and mumps for all schoolchildren throughout the Kingdom.

214.The Ministry of Health continues to implement its expanded immunization programme, with coverage of more than 90 per cent. This has led to a drop in the incidence of and mortality resulting from vaccine preventable diseases. Jordan was one of the first countries in the Eastern Mediterranean to acquire vaccines to protect against childhood diseases.

215. The Ministry of Health in Jordan has been in line with the global development in the field of administering new vaccines as follows:

Introducing the hepatitis B vaccine and the 2nd booster dose of the measles vaccine in 1995.

Introducing the MMR vaccine in 2000, which immunizes against measles, mumps and rubella.

Introducing multicomponent vaccines in spite of limited resources, to reduce pain and stress for the child, and it also means fewer visits to the doctor. Jordan is considered among one of the first countries in the region to implement this system.

Giving the BCG vaccine to children under two months, previously given in Grade 1 in public schools.

216. The National Expanded Programme on Immunization aims to achieve and maintain more than 95 per cent vaccination coverage, to eliminate measles, to maintain polio-free status in Jordan, to eliminate neonatal tetanus and to completely control diphtheria. Some of the most important strategies implemented by the MoH in Jordan in this field are:

Maintaining an unbroken cold chain for the vaccines to make sure they remain effective.

Continuous monitoring of vaccine preventable diseases through supervision and evaluation.

217. We will mention below some of the issues concerning adolescent health based on the Committee's observations and related studies, reports and surveys:

a. The first Jordanian Human Development Report issued in 2003 documented the progress achieved in the Kingdom over the past decade in issues related to the increase in life expectancy, and the increase in the delivery of water, health and education services to all the segments of the population.

b. The 1998 UNICEF-Jordan survey on the knowledge, attitudes and practices of basic life skills among 300 young Jordanians who were between 15 and 19 years of age. Young females reported more exposure to gender bias than young males. The survey indicated that boys were significantly more often subjected to physical abuse than girls. While physical abuse affected girls primarily at home, the school was the place where most boys suffered physical abuse.

c.The 2000 Jordanian Youth Survey: Knowledge, Attitudes and Practices on Reproductive Health and Life Planning. This survey was carried out by the Jordanian National Population Commission, the Department of Statistics and with assistance from the Johns Hopkins University Centre for Communication Programmes. The survey indicated equal educational attainment for both boys and girls. Results also indicated a lack of information among adolescents aged 15-19 about reproductive health and family planning, bearing in mind that in the period from 1995 to 2000, 9 per cent of Jordanian females below 19 years were married.

d. The survey Jordanian Youth: Their Lives and Views was carried by the Department of Statistics in cooperation with UNICEF and supported by the United Nations Foundation (UNF) in the period between July and October of 2001, with the objective of creating a complementary national database for the first time on the situation of young Jordanians aged 10-24. The survey draws a comprehensive and nationally representative picture of the situation of Jordanian youths aged 10 - 24 years in nearly all areas of life: education, employment, health, leisure time, freedom of movement, access to information, social relationships, participation, self-perception, general attitudes and legal awareness. Based on the recommendations of the Committee on the Rights of the Child, the results of the National Youth Survey and other studies will be used to set programmes and policies aiming at improving adolescent health in Jordan.

e. The Survey contains eight chapters: The Situation of Youth Education in Jordan, Youth and Employment, The Health of Youths in Jordan, Young Jordanians' Leisure Time, Access to Information and Mobility, Young Jordanians' Participation and Social Relationships, Young Jordanians' Self-perception and General Attitudes, Human Rights and Legal Awareness Among Jordanian Youth and Parents' Views on Major Life Issues of Young Jordanians and their Correlation with Youth Attitudes. Following are the results concerning adolescent health:

Most frequently mentioned health complaints: 50 per cent of young Jordanians mentioned that they had not suffered from any health problems in the six months prior to the survey. Respiratory tract infections were amongst the most common complaints, and one in every six complained of sight problems.

Weight concerns: One in every two young people was concerned about losing or gaining weight. Females were generally more concerned with this issue.

Dental hygiene: One in every seven young people never brushed their teeth, with better awareness recorded among females. Dental hygiene is lacking the most among young men in Zarqa. Dental hygiene was related to the social and economic situation of the young people's families.

Health care practices: Nine out of ten young Jordanians lead a healthy lifestyle through healthy eating habits, exercise, and personal hygiene.

Health awareness: Young Jordanians were aware of the dangers of smoking. Seven out of ten knew of peers that smoked, and one out of ten knew peers who consumed alcohol.

Reproductive health awareness: Young people showed minimal knowledge of reproductive health when compared to their knowledge of physiological changes during puberty. Adolescents were more aware of the changes to their own bodies than changes that occur in the opposite sex.

Attitudes towards marriage: It's generally believed that young men get married at a later age than young women. Young women favour later marriage for both sexes more so than young men. Young men believe that two important preconditions for marriage for a girl are that she has completed her education and is capable of running a household. As for young women, they see maturity, employment, and the ability to take responsibility for the family's financial matters as the most important prerequisites for marriage.

Medical services: Nine out ten young people seek medical help if seriously ill. Public hospitals and health care centres are seen as the major providers of health care, whereas access to private health care depends on the family's social and economic resources.

f. Results of the National Jordanian Youth Survey have shown that about half of the young people interviewed did not suffer from any chronic health problems, while respiratory tract problems presented the biggest health problem, followed by gastrointestinal diseases, dental problems and headaches. (Males complained more of respiratory diseases, dental problems and musculoskeletal diseases, whereas females complained of headaches more often than males.

218.With regards to the Committee’s recommendation to take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental pollution, we point out that the Jordanian National Charter in paragraph 18 stipulates that 'There must be close cooperation and coordination between government bodies and specialised social institutions in the ecological field, as all citizens have a right to a clean and balanced environment. Protection of the environment from pollution is a national responsibility towards present and future generations. Awareness must be disseminated to ensure an environmentally sensitive public outlook and a high level of public understanding of pollution problems. Measures must be taken to achieve a balance between environmental needs and the development imperative. Criteria must be set and legislation enacted to deal with the negative ecological impact of certain types of development projects'.

219. With regards to the Committee’s concerns about access to safe drinking water and sanitation, we point out the following:

Statistics indicate that 96 per cent of the Jordanian population have access to safe, clean drinking water. Of those living in urban areas, 98 per cent have access to safe drinking water, and in rural areas it drops to 85 per cent. Sanitation facilities are available to 99 per cent of the population in urban areas, and to 97 per cent in rural areas. However, Jordan suffers from the lack of water resources with an annual water shortage of 95 million cubic metres due to the accelerated population increase. This shortage is expected to rise to 1, 200 million cubic metres by 2005.

The 1997 survey of living standards in Jordan indicated that 20 per cent of homes did not have regular water supplies and 20 per cent of the population were concerned about pollution in general, while 55 per cent were concerned about the quality of water and air pollution.

220. With regards to the Committee’s recommendation to take all appropriate measures, including through international cooperation, to prevent and combat the damaging effects of environmental pollution and contamination of water supplies on children, and to strengthen procedures for inspection, we point out the following:

The Government, by law, and represented by the Ministry of Water and Irrigation is responsible for supplying water under the Jordanian standards, which arise from international standards, including the standards of the WHO.

The MoH, under the Public Health Law No.21 of 1971, is considered responsible for the safety of drinking water. However, there is more than one party involved in the drinking water quality surveillance and control. These include the Ministry of Water and Irrigation, MoH, the General Foundation for the Protection of the Environment under the auspices of the Ministry of Municipal, Rural and Environmental Affairs. The water quality and control system consists of field analysis and lab analysis conducted by the Laboratory and Control Department at the Ministry of Water and Irrigation, as well as the basic Health Department, and the General Foundation for the Protection of the Environment.

The monthly reports issued by the MoH and the Ministry of Water and Irrigation indicate that more than 95 per cent of the samples taken from water resources and from the water distribution network comply with the microbiological standards in that no colonial bacteria are found.

In the setting of standard policies for the quality of water, Jordan follows WHO water quality guidelines and the guidelines of the United States Environmental Agency as well as other organisations. However, these guidelines can be very strict, or not suited to the local environment, or are sometimes too costly. Moreover, conducting a comprehensive evaluation on the quality of drinking water in the distribution network is above the State’s capacity, given the available logistics, which call for the support of specialized international agencies.

A number of measures have been taken for water pollution control. One measure was to launch the National Network Initiative for a Healthy Environment for Children in Irbid in July 2003 and declaring the University of Science and Technology/ the Queen Rania Al-Abdullah Centre for Environmental Science and Technology as a core for this network and a launching pad for the initiative. The objectives of this national network can be summarized as follows:

Building a database of studies and environmental projects targeted towards children.

Coordinating with institutions that are concerned with children’s environmental situation.

Facilitating communication and cooperation between institutions and individuals and those concerned with healthy environment for children through an advanced and effective database system. This network also seeks to obtain the support of WHO in becoming an accredited centre for cooperation and development in the environmental field. Moreover, this network will be given to all those interested individuals and institutions in a healthy environment for children.

221.With regards to the Committee’s concerns about large numbers of children living and/or working on the streets, we point out the following:

There are no children in Jordan who live on the streets as such. Children found on the streets in Jordan cannot be considered homeless as is the case in other countries. Children on the streets are school dropouts who sell items at traffic lights or beg. Some are there as a result of poverty, dysfunctional families or internal migration. Such children have families and homes they return to at the end of the day. The MoSD has defined at-risk street children as parentless children who spend more than four hours on the streets, until somebody hands them over to care centres. In 2003, 33 such children were found, and in 2004 the number was 22. There were 650 children begging on the streets in 2004, while the number of those working varied from one study to another.

The National Council for Family Affairs in cooperation with parties concerned with protection of children in difficult circumstances have conducted a study on the situation of disadvantaged children, including working children, abused children, children with special needs, refugees and orphans. The study also included an analysis of the current situation of disadvantaged children, and the programmes and policies dedicated to the improvement of the situation of this category of children. The study was concluded with general strategic recommendations that concern all categories of disadvantaged children and with specific recommendations for each category.

The MoSD implements institutional care programmes in the context of rehabilitation and integration with the aim of supplying juvenile delinquents with the information and skills needed to develop their personalities and prepare them to make their own living and re-integrate them into society. Some of these programmes are: The Education and Literacy Programme, the Spiritual and Religious Education Programme, the Social Education Programme, the Health Awareness Programme and the Mental Development Programme. According to the amended Juveniles Act No.52 of 2002, child beggars have been classified as children in need of care and protection and not delinquents. Moreover, government bodies, some NGOs and concerned international organisations are developing mechanisms to eliminate the phenomenon of street children. The issue of street children is at the top of the national agenda.

The estimated number of children working or begging on the streets depends on the number of children who were apprehended by the MoSD inspectors who are responsible for controlling begging and homelessness since the same children are picked up repeatedly. This number is estimated at around 200 to 250 children a year, except for the children who were apprehended during the school summer holidays and who are not permanently on the streets.

Most children who are apprehended are returned to their families after assessing their situation and providing the necessary help for those who prove to be in need, in addition to taking legal guarantees from their families that the children will be prevented from begging or selling on the streets.

The number child beggars apprehended by the Begging Control Committee during the period from 1998 and until the end of 2004 reached 4,539 children with 650 children as an annual average. It is worth noting in this regard that the Begging Control Committee’s mission is to assess the situation of children and the economic, social and cultural situation of their families and provide necessary support in order to reunite such children with their families as soon as possible. The Committee also follows up on, directs and gives counselling to the families of those children.

The table below indicates the number of child beggars in all the regions and who were apprehended during the 2004 nationwide begging control campaigns.

Number of beggars apprehended during the nationwide begging control campaigns for 2004

222. A Study conducted by the MoSD on a sample of 182 beggars indicated that most beggars are healthy male adults who live in crowded areas, and are totally capable of work but do not seek employment.

223.With regards to the Committee’s recommendation to issue street children with identity documents, we point out that there are no street children in Jordan in the sense recognized worldwide. As for child beggars, they live with their families and are provided with all the necessary identification papers.

224. In the field of social awareness on the phenomenon of begging and how it violates children’s rights, the MoSD held a seminar entitled 'Begging is the Road to Delinquency' in August of 2003. The seminar aimed to inform people about the destructive impact on the psychological and social aspects of a child’s life. A media campaign was also held in July 2004 under the title 'A Secure Society, A Working Society'. The campaign was promoted through the mass media.

225.With regards to the Committee’s recommendation to ensure that these children have access to services for reconciliation with their families, we point out the following:

The Bill for the Family Protection Homes Bylaw No.48 of 2004 was laid down in cooperation with the MoSD and a number of governmental and non-governmental bodies. The bylaw was passed and published in the Official Gazette No. 4651 of 1 April 2004. A building was rented and is currently being furbished for this purpose. A committee from governmental and non-governmental organisations was formed to set the guidelines for operating the home and training the staff. (A copy of the Family Protection Homes Bylaw No.48 of 2004 is annexed to this report).

Social, educational, entertainment and basic services are provided to children who are at risk through their temporary placement in social welfare institutions until their families' situations are assessed and their problems are solved in order to reunite them with their families. They are not placed in correctional and rehabilitation centres.

In 2003, the MoSD created a centre to deal with child beggars aged from 7 to 18 years. Once the parents' identity has been established, the child is returned to his or her family and efforts are made to guarantee his or her return to school. Juvenile jurisdiction and social development have been relocated to the same building so as to facilitate the procedure for children. Thus, court procedures and reuniting the child with his or her parents can take place in the same building.

Child welfare and protection institutions provide food, clothing and shelter to detained children. Moreover, educational and entertainment services are offered to them, in addition to social and psychological counselling. According to article 36/4 of the Juveniles Act No.24 of 1968 and its amendments, juvenile judges must monitor such institutions. The average cost of each child in the care of the MoSD institutions is about JOD 216 a month.

226. With regards to the Committee’s recommendation to repeal the legal provisions criminalizing vagrancy and begging, we point out the following:

-There must be distinction between the legal provisions that apply to adult begging and those that apply to children. Adult begging is regarded as a minor offence under article 389 of the Penal Code and its amendments No. 16 of 1960. The above article stipulates that any adult found begging in a public place to collect money for charity under false pretences or for illegal purposes is to be jailed. However, the above only applies to adults and not children.

-As for juvenile beggars, article 31 of the Juveniles Law No.24 of 1968 and its amendments (provisional Law No.52 of 2002) stipulates that a person needs care and protection if the following cases apply to him:

-Anyone who does not have a stable job and who takes the streets as a shelter (article 31/3)

-Anyone found begging and even if he or she tries to cover that up by any means (article 31/7).

Articles 31, 32, 33 and 34 of the Juveniles Act No. 24 of 1968 and its amendments refer to children who are considered in need of care and protection and the social and legal consequences for such cases. If a juvenile judge decides that a child is in need of care and protection, this child is admitted to a welfare institution according to his or her age, as a protection measure and not as a penalty, and that is only in cases where the family is unfit to look after the child.

A juvenile according to article 31 is not considered a delinquent, but a child 'in need of care and protection'. Whatever measures are taken, the child is not treated as a criminal and is offered care and protection. This is done through civil servants who are responsible for providing suitable protection measures for such children. The children are placed in MoSD welfare institutions, which provide a family-like atmosphere, until their court hearing comes up.

227. The results of one of the field studies conducted by the MoSD in 2004 indicate that the majority of child beggars are from normal families and are usually found on the streets selling simple items such as chewing gum and toys at traffic lights. Those results intercede with the average number of children in the centre for child beggars who do not exceed 10 in number.

228. With regards to the Committee’s concern that children who are picked up for begging risk court proceedings, or placement in detention or orphanages, we point out that the active Juveniles Act prohibits arresting juvenile delinquents or children in need of care and protection and placing them in correctional and rehabilitation centres. They are placed in suitable welfare institutions where efforts are made to reintegrate them into society. Such procedures are taken to protect such children. As for the children whose families cannot provide the necessary social, educational and psychological care, they are admitted to the MoSD welfare institutions.

229. The records of the MoSD indicate that 56 per cent of children in conflict with the law are attending school at the time they commit the offence. This means that the remaining 44 per cent are not attending school. In 49 per cent of the cases, ignorance of the legal consequences of their actions is the reason why children commit an offence, 26 per cent are negatively influenced by peers, 13 per cent are victims of their social upbringing, and poverty is behind 6 per cent of offences committed by children.

230. The sources of the MoSD indicate that stealing, assault and fighting constitute the majority of offences committed by children. Of those detained, 96 per cent are boys and 4 per cent are girls. The majority of these children live in Amman, Irbid and Zarqa, as the population of these cities forms 72 per cent of the total population.

231.NGOs and child care workers, in cooperation with the Government, are working on making necessary legal amendments that focus on reform, rehabilitation and the re-integration into society. Such amendments include finding alternatives to detention in correctional and rehabilitation centres, not investigating with a child unless a social specialist from the MoSD is present, establishing police and judicial units specialized in children’s cases and creating judicial bodies specialized in juvenile law and cases. These organisations seek to amend the Juveniles Act so as to raise the age of criminal responsibility to 12 years instead of 7, although the draft Childhood Act of 2004 stipulates that the age of criminal responsibility must be raised to 10 according to article 20/A/1.

233. With regards to the Committee’s remarks on rehabilitation services and programmes, we point out that the Jordanian Government, through the MoSD is implementing various rehabilitation programmes. The MoSD adopts such programmes through its welfare and protection centres as follows:

Al-Khansa'a Centre for Girls takes in girls aged between 12-18 years and is located in Zarqa.

Anas Bin Malik Centre takes in boys aged between 7 – 12 years and is located in Amman.

Wasfi Al Tal Centre takes in boys aged between 12-18 years and is located in Madaba.

Preparing the Training Kit Noor, which is a comprehensive training manual on juvenile justice procedures for trainers and workers with young offenders, prepared as part of the project to protect the rights of young offenders, in cooperation with UNICEF, the Royal Commission on Human Rights, the MoSD, The Ministry of Justice, the Public Security Directorate, the Mizan Law Group for Human Rights, the Family and Child Protection Society in Irbid, and Penal Reform International.

The project to protect young offenders: This project aims to provide counselling and legal assistance to institutionalised children and their families. The project also aims to implement educational and rehabilitation activities. Moreover, the project seeks to modernize Jordanian laws in this context and train specialists in the various related fields such as law, sociology, medicine, psychology, and international rules and standards related to the care and protection of children in the criminal justice system. The targeted group includes judges, MoSD workers, Public Security officers, justice officers and NGO activists.

The Noor Programme, which provides legal assistance and counselling to young offenders and their families; Mizan Law Group is implementing this Programme in cooperation with UNDP. The Programme aims to provide free legal advice to young offenders, as well as their families and those who deal with them, through all the available communication methods, such as: telecommunication, correspondence, personal interviews, field visits, and e-communication. Help is provided to children by appointing qualified and trained lawyers to represent children in court. The programme also aims to provide social, psychological, and educational counselling to the children in order to guarantee their rights and reinstate them in schools and enable them to reintegrate into society. This project is aimed at young boys and girls who have not yet attained the age of 18 years, institutionalised children and their families, and those working with children.

Al-Khansa'a Centre for Girls: The MoSD supervises this programme which is considered to be a pioneer experiment in the field of rehabilitation and social re-integration for girls in need of care and protection, who come from dysfunctional or broken families, or those who have suffered from abuse. The ages of the girls in the centre range from 12 to 18 years. The duration of their stay varies from one to five years. It was agreed with the MoE in the area to receive girls who have shown a desire for learning to join schools for the academic year 2003 – 2004 in order to enable those girls to pursue their education. The school reports for those girls have shown the success of the experiment through their outstanding achievement in school and their proper conduct, which encouraged the centre to giving the opportunity to all girls to join mainstream schools.

235. With regards to the Committee’s observations on children’s right to education, leisure and cultural activities, we point out the following:

The Jordanian Government guarantees a child’s right to education through the MoE and the Ministry of Higher Education. The MoE supervises the basic stages of education, starting with kindergarten and up to the academic and vocational secondary education. The Ministry of Higher Education supervises education in colleges and universities.

The Law of Education No.3 of 1994 regulates all issues related to education in eight chapters, whose details were discussed in Jordan's second periodic report. The third chapter of the law deals with educational stages and objectives. Article 7 of the law stipulates that education institutions should be classified according to the stages of learning into three categories: Kindergartens, basic/ primary stage, and the secondary stage.

236. With regards to the Committee’s recommendations to promote the importance of ECCD programmes, we point out the following:

A number of concerned Jordanian parties are involved in early childhood care according to the types of offered services, such as educational services, health, information, social, and environmental care for children with special needs.

The MoE is responsible for education in kindergartens (age group: 4-6 years) and lower basic (primary) education (age group: 6-9 years). The MoSD supervises nurseries (age group: 0 – 4 years) and the services offered to those with social problems such as disabilities, dysfunctional families, young offenders and orphans.

Nurseries are considered to be temporary institutions that care for children aged 1 day and up to 4 years. They are provided with shelter and entertainment until they are returned to their families. It is also considered as a type of temporary substitute family that is in charge of the care and upbringing of the children enrolled in such institutions. The number of nurseries has increased in Jordan with the increase of women entering the labour force. The total number of nurseries stands at 795. In October 2004, the MoSD prepared a bill for licensing and establishing nurseries to be passed in 2005.

-The MoH, the Royal Medical Services of the Armed Forces and the private health sector are responsible for health services for the early childhood stage. The private and national sector (profit and non-profit / voluntary) play a major role in the establishment and management of early childhood institutions, especially nurseries and kindergartens, in addition to the ministries and other parties concerned with early childhood, such as the MoC, the information sector, and local community institutions.

-The MoE supervises the licensing and establishment of kindergartens, as well as the establishment of public kindergartens according to available resources and circumstances. In light of the above, the following has been achieved:

-The establishment of 15 kindergarten classes in girls' schools in nine selected areas of the Kingdom as experiment for the 1999 / 2000 academic year, with 375 children enrolled and supervised by 15 teachers.

-In the academic year 2000/ 2001, 58 news kindergarten classes were established, catering for 1,304 children, divided into 60 sections and supervised by 60 teachers. The Ministry provided teachers and distributed training kits. It also contributed in providing the necessary furniture for the regional departments that were unable to do so.

-Expansion in establishing kindergartens, with 203 public kindergartens established in 2003/2004 in the various regions of the Kingdom. The Ministry has also provided kindergartens with computers, audio-visual aids, indoor and outdoor toys, educational materials and furniture.

The difficulties that the Ministry faces in establishing, supporting and increasing the number of kindergartens lies in the lack of financial resources. However, the Ministry is working to support reform efforts through the Education Reform for the Knowledge Economy (ERfKE) initiative.

The private sector in Jordan has shown a keen interest in investing in kindergartens, and the number of private kindergartens is on the rise. In fact, some apply the latest teaching methodologies and principles in early childhood education. In 2003/2004, the number of private kindergartens reached 1,205 in all the regions of the Kingdom. However, there is need for administration and organization of coordination between all parties involved in early childhood care. This has led concerned parties to benefit from better parenting projects, family education and ERfKE.

237. With regards to the Committee’s recommendation to promote the importance of early childhood care and development programmes, especially among low-income households, we point out the new strategies and plans adopted in this area since the consideration of the second periodic report:

The National ECD Team, and with wide participation from governmental organisations and concerned civil society institutions prepared the ECD Strategy with the aim of identifying the essentials for the normal development of babies and toddlers. It stems from the characteristics, needs, and requirements that distinguish age groups in early childhood, and from the characteristics and culture of the society, which are based on Islamic law. It also serves as a reference as it includes the main areas to be addressed to ensure a holistic approach to early childhood and improved services.

The Strategy takes into consideration the Jordanian studies related to women, population, human resources, in addition to the National Plan of Action for Children and the Socio- economic Development Plan. The Team defined the early childhood stage as starting from conception up to eight years. The 14 main areas that need to be addressed are: planning and management, legislation, ante-natal health care, health services from birth up to eight years, child care in nurseries, child care in kindergartens, child care in the lower primary schools, family role in child development, children with special needs, curricula and programmes, children’s cultural and recreational environments, advocacy and communications, human resources development, and social protection.

The general objectives of the Strategy are to achieve the balanced, comprehensive development of children in the targeted age groups, contribute to organising and coordinating the efforts of parties concerned with early childhood, develop family and social awareness about childhood issues, especially the early childhood stage.

The ECD Plan of Action for 2003-2007 operationalises the country’s ECD Strategy to achieve balanced, comprehensive development for children and to provide them with protection and the appropriate environment for their growth and development. The National Council for Family Affairs in cooperation with concerned governmental and non-governmental parties and with the support of UNICEF, set nine objectives as follows:

-Setting comprehensive legislation and government policies needed for the implementation of the strategy.

-Decentralising coordination between sectors and promoting cooperation when formulating and implementing ECD programmes.

-Setting plans for the development of early childhood and determining the objectives supported with realistic data that cannot be disproved.

-Preparing a curriculum that provides for group care for children and classrooms for ECD.

-Setting a national organisational framework for all early childhood institutions.

-Setting a national system for training workers in the field of ECD and offering certificates of qualification.

-Setting training and monitoring systems to elevate the quality of ECD programmes.

-Expanding the scope of support offered to ECD programmes to include weaker children and those that couldn’t be reached.

The ECD Action Plan's objectives cannot be accomplished unless all concerned governmental agencies and civil social agencies collaborate in all stages of implementing the action plan, while concentrating efforts on child care within the family and the environment.

The National Council for Family Affairs and UNICEF with the technical support of Colombia University along with the participation of various experts in ECD have developed ECD standards. The standards included many aspects such as language and literacy development, social and emotional development, gross and fine motor development, logic and reasoning, approaches to learning, and health and physical development. The standards can be used in a variety of settings to ensure that Jordan is on track in meeting its obligations to young Jordanian children. The standards reflect expectations for children’s development, the socioeconomic and cultural milieu to which the child is exposed and provision of and access to services. The standards can be used for a variety of purposes such as guiding curriculum development, informing parents of their children’s development, preparing teachers and other service providers, evaluating program effectiveness and providing opportunities to build consensus among various stakeholders. The standards can also provide families and teachers with an understanding of appropriate expectations for children’s development. These standards are expected to be launched in August 2005 after completing the pilot phase.

This curriculum was developed based on the Childhood Development Strategy in Jordan. The main idea behind it was the need to establish a standardized curriculum for Jordanian kindergarten personnel that satisfies the teacher, supervisor, and the principal’s needs for an educational framework to work with in order to enhance their efficiency and improve their overall educational ideology.

The National Council for family Affairs adopted the coordinating aspect of the development of the interactive curriculum for kindergarten. The Council established a team specialized in ECD in order to develop a special curriculum that is suitable for Jordanians, and covers all apparent deficiencies in this sensitive stage of a child's development. This team began working on developing a curriculum at the end of 2002. The finalized curriculum was provided to public kindergartens by the second semester of the academic year 2003/2004.

(A copy of the Early Childhood Development Strategy, the Jordanian ECD Action Plan 2003 – 2007, the Interactive Curriculum for Kindergartens 2003/2004 and a copy of the MoSD's Strategy are annexed to this report).

The MoE, with the help of the National Council for Family Affairs, developed training workshops for public school kindergarten teachers due to the lack of qualified teachers in the field of early childhood education. These training workshops were according to the Wisconsin University curriculum and the interactive curriculum for kindergarten children. One hundred teachers and supervisors from public kindergartens attended the training during 2003. In 2004, the remainder of the teachers and supervisors joined the training programme. The Ministry is also planning to conduct training programmes for teachers in non-government kindergartens as part of the ERfKE component.

The National Council for Family Affairs, along with the MoE developed the draft kindergarten licensing and practice standards, expected to be approved by the MoE in January 2005.

238.With regards the Committee's recommendation to improve enrolment rates, we point out the following:

According to article 10/a of the Education Law 'primary education is compulsory and free in all public schools'. This applies to all children up to the age of 16.

Jordan in Numbers, a 2003 report issued by the Department of Statistics showed that are 1,190,595 pupils in the primary stage and that female students form 96.1 per cent compared to male students. Moreover, there are 49,732 teachers for this stage, and the overall enrolment rate for the primary stage (number of students aged 6 – 15 as a per cent of total population) x 100 is 88.4 per cent. The net enrolment in this stage is 97 per cent, and male and female students constitute 97.3 per cent and 97 per cent respectively of the total number of children attending primary education. (A copy of the Jordan in Numbers report is annexed to this report)

Despite the fact that article 3/a of the Education Law stipulates that compulsory education is free in public schools, in fact the student has to pay a one-time nominal fee known as a 'donation', and has to pay for the school uniform, supplies, and schoolbag.

The draft Childhood Act states that education is compulsory; article 13/b imposes penalties on families who prevent children from attending school. In addition, NGOs follow up on the application of this law. In addition, governors in all areas of Jordan follow up on parents whose children do not attend school in coordination and cooperation with the MoE.

Juveniles Act No. 24 of 1968 and its amendments guarantee that all detained or institutionalised children have the right to access to education; this law allows such children to attend school provided they return to the welfare institution at the end of each school day.

239.As for the Committee's recommendation to establish retention programmes and vocational training for drop-outs, the Ministry of Education records show the drop-out rate is low in the early primary stage and increases thereafter.

Drop-out rates for 2001-2002
Females %Males%Total %
Primary Stage0.330.460.39
First0.110.120.12
Second0.60.120.09
Third0.060.090.07
Fourth0.140.210.18
Fifth0.170.310.24
Sixth0.260.450.36
Seventh0.430.670.57
Eighth0.590.870.73
Ninth0.801.150.98
Tenth0.920.890.90
Eleventh0.460.490.47
Tawjihi0.530.720.63
Grand Total0.350.480.41

240. With regards to the Committee’s concerns about high drop-out and absenteeism rates especially at the secondary level due to lack of interest in school and poverty, we point out the following:

The latest statistics indicate that the number of students dropping out of public schools at the primary stage for 2002/2003 was 0.39 per cent for both boys and girls and 0.46 per cent for boys alone.

The field survey on working children conducted by the MoL in 2002 aimed to find out the reasons for dropping out of school. The results of the survey can help decision makers to improve attendance rates and education services in general. As shown in the table below, the survey listed job-related concerns, such as to help the family financially and apprenticeship as the two main reasons why students drop out of schools, followed by weak academic achievement.

Reasons for dropping out of school
Reason   Number    Percentage
Helping the family financially   1,32252.1
Apprenticeship                         1,33852.7
Maltreatment by teachers and administrators    702.8
Low academic achievement   91135.9
Pressure from the family          381.5
Lack of parental supervision    80.3

Note: Working children in this survey were allowed to choose one or more of the reasons for dropping out of school. As for the percentages, they are based on the total numbers of children who responded to the question related to the reasons for dropping out of school.

The results of another survey on reasons for children dropping out of school indicate that the largest percentage of drop-outs are aged 15-16 years, and more are boys than girls.

241. With regards to the reasons why children work and its connection to dropping out of school, we point out the following:

The results of the survey on working children indicate that approximately half of the working children drop out of school to assist their families financially, as shown in the table below. The second most important reason is apprenticeship (to learn a trade) and dropping out of school is listed as third.

Reasons why children work
Reasons Frequency Percentage
Dropping out of school              2157.7
Assisting the family financially 1,38749.6
Apprenticeship                        1,18342.3
For own pocket money             30.1
Self-reliance                              30.1
Other reasons                           30.2
Total                                           2,794100

Note: The total number of the “frequency” does not equal the total number of the children in the survey, since a child can provide more than one reason.

242. The MoE has made a lot of effort to reduce drop-out rates. According to article 10 of the Education Law No.3 of 1994, primary education is free and mandatory at public schools. A student should not be removed from school until he or she has attained the age of 16, with the exception of those with special medical circumstances and who have to obtain a report from a special committee. The MoE has adopted a number of strategies to reduce drop-out rates, as follows:

Providing additional support such as tutoring for weaker students and increasing the number of resource rooms at the primary level to help students with learning difficulties.

Providing opportunities for success in schoolwork such as activating summer school programmes to help students who fail to pass, as well as providing advanced classes for good achievers during the summer vacation.

Training teachers on modern teaching methods, such as individualized learning and using technology to deliver instruction in order to make the learning experience more interesting and enjoyable.

Helping students address personal problems through counselling and access to social services in school. This can be achieved through a school counsellor, with the help of the administration, the teachers and the family if necessary.

Providing meals for students in grades 1-4 in 13 directorates, as part of the School Nutrition Programme, with the possibility of expanding the programme to other directorates, as well as expanding the infrastructure by providing refrigerators to all the included schools and those to be included in the future and appointing nutritionists in these schools.

Providing a safe and attractive environment for students by developing curricula and assessment stations, as well as training teachers to be able to handle evolving curricula and students.

Providing life-skills instruction through youth programmes in cooperation with UNICEF, which develop the capacity of students to solve problems, and enable students to interact with the community.

Prohibiting the employment of young children and returning drop-outs to school through the Child Labour Programme.

Establishing vocational training programmes for students in Social Learning Centres as well as proving them with a basic education such as reading, writing and mathematics in cooperation with the United Nations Educational, scientific and Cultural Organization (UNESCO) Amman Office.

243. Programmes that decrease dropout/increase school completion for poor children include the National Aid Programme, the School Nutrition Programme, the Vitamins Programme, School Discipline Regulations, aid from the Red Crescent and school canteens.

244. A decrease in the nutritional level among children was expected as a result of an unemployment rate of 12.5 per cent in 2004, and a poverty level of 4.2 per cent for the same year. Studies indicated that schoolchildren suffered malnutrition as well as iron deficiency anaemia and iodine deficiency. As poor nutrition hampers academic achievement, affects intelligence, and has a negative effect on cognitive performance, possibly leading to students dropping out of school, and due to the fact that malnutrition also lowers immunity and leads to a general deterioration in health, the Government, in 1998, launched the School Nutrition Programme for children from low-income families as part of its strategy to alleviate poverty and reduce unemployment, and to raise the economic and social levels of those less fortunate.

245. The School Nutrition Programme is implemented by the Ministry of Planning and International Cooperation's Social Productivity Programme and the MoE for schoolchildren from kindergarten to grade 4 in public schools in many areas in Aqaba, Ma'an, Tafilah, Al-Qasser, Deir Alla, Southern Shouneh, Southern Jordan Valley, Northern and Eastern Badia and Ruweished according to priority. This is implemented through the MoE directorates in the various regions.

246. The School Nutrition Programme agreement is signed between the MoE and the Ministry of Planning and International Cooperation. The duration of the agreement is one year, to be able to ensure that objectives are met. The first agreement was signed on 24 January 1999. Until the preparation of this report, the programme had been operational for 3 consecutive years, as follows:

247. As of the beginning of the academic year 2004 – 2005, the Programme was extended to include Jerash, Ajloun and Northern Shouneh, reaching 12,000 students at a cost of JOD 1,150,000. This brought the total number of beneficiaries to 54,000.

248. Future plans for the School Nutrition Programme include the horizontal and vertical expansion of the Programme, giving it more independence, in addition to supplying its administration with the suitable staff and expanding the infrastructure such as providing refrigerators for the schools included in the Programme and nutritionists for the included regions.

249. It is worth noting that the military education schools in remote areas provide three meals a day to their students.

250. In light of the Royal initiative to treat malnutrition among school students, a committee of experts from various related sectors in the Kingdom was formed in 2002 in order to study the problem and determine the areas and age groups and the supplements needed. The committee recommended the need to supplement schoolchildren with Vitamin A supplements administered once every six months and one multi-vitamin tablet administered daily to every student and which includes: B2, B6, B12, Folic Acid, and vitamins C and D.

251.The targeted group in the vitamins programme is all the students in public schools, UNRWA schools and the military education schools, in addition to public kindergartens, as shown below:

252. The philosophy of the MoE, the recommendations of the International Education Conference and world trends have emphasized the importance of giving special care and attention to distinguished students, as well as providing an environment that caters for the needs of this category, so as to come up with promising leadership. This was evident in the recommendations of the Planning Committee in its session No. 4/97 dated 9 April 1997 in which it adopted the Grade Skipping Programme for gifted students from Grades 1 to 8 in the basic stage. This comes as a reinforcement of article 5/f of the Principles of the Education Policy. Work on this programme began in the second semester of the academic year 1997-1998. This programme allows gifted students to move ahead in the educational levels (grades) with a speed that suits the student’s mental ability and academic excellence without limiting the child’s progress because of age, thus enabling the student to complete his or her scholastic curricula in a shorter period of time and at a younger age than normal.

253. It is worth noting in this context that there are special regulations for gifted students, which are The Regulations for Pioneer Student Centres No.7 of 2001”.

254. These regulations are called Amended Regulations for School Discipline No.1 of 1988, which have been active since their date of publication in the Official Gazette. These regulations include five groups that tackle preventive and curative measures to modify student behaviour in a positive manner throughout all the stages of education. These regulations aim to keep students in schools and to prevent them from dropping out.

5. Aid donated from the income of school canteens and the Jordanian Red Crescent:

255. Other parties contribute to student retention, such as the Red Crescent, by donating school materials such as stationary and so on, providing P.E kits, paying school tuition fees, organising winter aid campaigns. The Red Crescent provides financial aid, medical hearing aids, and eyeglasses to students who are not included in the Free Eyeglasses Project (after grade 10), providing medication for poor students, organising free medical days, contributing to the medical treatment of some students, and establishing permanent first aid Red Crescent Centres in schools.

256. With regards to the Committee’s recommendation that attention should be focused on improving quality in this sector, we point out that the MoE has followed the method of encouraging forms of secondary education in both the general and vocational streams, as well as modernizing education programmes by introducing modern methods of education, that suit the developments in the various fields, most important of which is the introduction of computers in schools. The following has been achieved in the fields of computing, curricula and training:

257. In the year 2000, most secondary schools were equipped with computers, reaching a total of 20,000 computers. Also, 1,800 primary schools were also equipped with computers. Moreover, the framework for strategic action for ICT-in-education document was prepared, resulting in a comprehensive plan containing seven basic components of e-learning. The plan includes introducing computers to all schools so that the student to computer ratio becomes 8:1. In addition, schools were linked with the MoE directorates and with the Ministry itself through the National Broadband Network linked through an Intranet with the MoE.

258. Integration of technology-aided learning has been applied to the English curriculum from Grades 1-4. The effectiveness of computerized education has been tested in four pilot schools in the second semester of the academic year 2003-2004. The computerized curricula is currently being implemented in all schools in the Kingdom, in addition to two computerized units of physics for grade 11 as part of a joint programme between the MoE and the Japan International Cooperation Agency (JICA), in order to qualify people inside the Ministry to design and prepare computerized educational material. Moreover, all schoolbooks were computerized using EduWare systems and loaded on portals at the Queen Rania Al-Abdullah Centre for Education Technology. In addition, informatics management has been introduced in the comprehensive secondary education stream.

259.In cooperation with Microsoft, work is underway to set a computer curriculum for Grades 1-3. A team from the MoE has been formed and workshops have been held to train the members of this team on the working mechanism with the private sector. Work on the computerized material for Grade 1 is expected to end and implementation to begin with the 2004-2005 academic year.

260. Work is underway to computerize the science curriculum for Grades 1- 12 in cooperation with Fastlink, a mobile communications operator and service provider, as a committee of a number of experts has been formed to follow up and develop the science e-curriculum. The formation of technical and specialized consultant groups is expected to take place, so that they will undertake the preparation, follow-up and implementation processes in the near future.

Providing computer literacy training to 19,241 public school teachers and administrators. The MoE declared that all teachers must receive 102 hours of computer training over 4 years (International Computing Drivers License).

Providing teacher development training to some teachers and administrators. World Links and Intel Corporation trained teachers on the integration of technology in the classroom.

Training some teachers and technicians on the computer network as part of the Cisco Systems and Microsoft programmes.

262. With regards to the Committee’s recommendations to establish vocational training for drop-outs, we point out the following:

The Vocational Training Corporation plays a major role in preparing drop-outs to enter the labour market provided that he or she has attained the age of 16 years. The Corporation was created by Law No.11 of 1985 and Law No. 27 of 1999 on Occupational Work Organisation. It effectively responds as an institution to the vocational skill requirements of Jordanian industries. Its main aim is the occupational organisation of Jordan's labour market. To achieve this, it has 35 operation training centres.

The Corporation's main objectives include vocational training, (including long-term apprenticeship programmes) and industrial extension services to assist small and medium-size industries in increasing productivity and improving management.

The vocational training function includes semi-skilled workers through medium and short-term programmes, skilled workers through three-year apprenticeship training, craftsmen through one-year training programmes for skilled workers, Applied Secondary Education Programme, Safety Supervisors Programme and Upgrading programmes (technical upgrading programmes, instructor training programmes, supervisory training programmes, occupational safety and health training programmes)

To enrol in the above programmes, trainees should have attained the age of 16 years or should have completed Grade 10 or their secondary education.

The Jordanian Project for the Formation of Vocational Skills, established under the directives of His Majesty King Abdullah the Second, provides vocational training for 500 students throughout the Kingdom.

The National Training Project is implemented by the Vocational Training Corporation and the Jordanian Armed Forces. Twelve thousand trainees are accepted in this programme, and in 2002, the number of participants reached 13,245. The total number of trainees enrolled since its establishment and until the end of 2002 reached 198,811 trainees (male and female).

263. The legal developments in the context of vocational training since the consideration of Jordan's second periodic report include the following laws:

The amendment of Vocational Training Corporation Law No.11of 1985 under the Law No.50 of 2001.

Teacher Ranks Bylaw No.61 of 2002 (for the advancement and promotion of teachers).

264. With regards to the Committee’s recommendation to undertake a process of curriculum reform which stresses the importance of critical thinking and the development of problem-solving skills, we point out the following:

The educational policy in the primary and secondary stages of education in Jordan aims to prepare citizens who have the ability to communicate, understand one another and be compassionate without resorting to violence.

Articles 9 and 11 of the Education Law stipulate that the 'objectives of education in the basic and secondary stages of education revolve around the student’s character and talent development, as well as developing mental and physical skills to the maximum'.

Article 11 of the Education Law stipulates that the secondary stage of education aims to prepare compassionate citizens who are able to communicate, resolve issues through non-violent means, who are aware of national and international issues and are capable of bearing responsibility, problem-solving and decision-making. This contributes to preparing responsible children in a free society where the spirit of communication, compassion, gender equality and friendship among people are the prevailing concepts.

The comprehensive study prepared in 2003, under UNICEF – Jordan Country Office supervision, indicates that the objectives of the curricula and teaching methods in schools are enhancing a child’s respect for his or her parents and family values and enhancing a child's appreciation of other cultures and civilizations. As for developing a child’s respect for his or her identity, culture, language, national values and heritage, the school curricula at all levels provide information and skills for the development of social relations and resolving issues in a peaceful manner. The above-mentioned study also points that the MoE works seriously on eliminating gender differences through the curricula. However, most schools separate between the genders in education.

The above-mentioned UNICEF study indicates that children learn about issues related to human rights as part of the various programmes without having special sections or material for the topic.

As for incorporating the Convention in the school curriculum, a note on the subject was made in Jordan's second periodic report about how to introduce children’s rights into the curriculum for the primary stage of education. Moreover, the MoE has prepared a comprehensive volume on human rights principles, which will be included in the curriculum.

In the field of developing respect for the natural environment, article 9 of the Education Law stipulates that the primary stage aims to prepare students who are aware of their responsibilities towards their country, environment and society.

265.The MoE in cooperation with the schools in the Kingdom implements the International Cooperation Programme by which it provides training to its teachers as well as the exposure to technical and scientific data in order to allow students in all stages to get an effective education. For example, there is ongoing cooperation between the Canadian Teachers' Federation in implementing the Teaching in Modern Methods Project where electronic training is a main component and the school is the unit of development. In addition, there is cooperation with the British Council through English language teacher training programmes and the Child Protection Project.

266. Concerning the reviewing of school policies and curricula, the UNICEF study (2003) pointed out that the MoE has allocated part of its budget for the development and modernization of teaching with what suits the development in the various fields, including respect of the freedom of individuals and institutions in establishing and managing educational institutions, establishing private schools, kindergartens and special schools for minorities.

267. As for guaranteeing the respect of institutions for the objectives of teaching according to what was determined by the agreement, we point out that the comprehensive study did mention that practices in the field of teaching, whether in public or private schools need more monitoring so as to comply with principles of the CRC. The study also pointed out that despite the existence of inspection procedures, they do not usually consider the CRC as a main component.

Meanwhile, a number of schools have introduced human rights education, especially in the past few years. Some of the most important activities in this area are:

Holding workshops for teachers and principals on the learning and teaching of human rights concepts, in cooperation with non-governmental organisations working in this field.

Analyzing the Arabic language curricula, religious education and social studies to emphasize human rights concepts and enhance such concepts with special activities, including a study conducted by the National Centre for Human Rights (1998-1999).

Using integrated curriculum in the learning and teaching of human rights concepts.

Introducing human rights and children's rights clubs in a number of Jordanian schools in cooperation with the Mizan Law Group. More on this experience will be detailed in another section of this report.

UNRWA schools have introduced the Human Rights Education Programme, benefiting 60,000 students.

268.The Diagnosis Department at the Special Education Directorate at the MoE has the following missions:

Developing and conducting diagnostic tests for gifted students under the Academic Acceleration Programme.

Conducting research and studies related to special education, whether for the gifted, the disabled, or those with learning difficulties.

The development of diagnostic tests for students with learning difficulties in the subjects of Arabic, mathematics, science, vocational education, Islamic education, national education and social studies, for Grades 1 to 4 for the academic year 2002.

The development of diagnostic tests for students with learning difficulties in the subjects of Arabic, mathematics, and science for Grades 5 and 6 for the academic year 2000.

The Comprehensive Medical Educational Survey Kit for students with special needs in cooperation with the Higher Committee for the Management of Projects for Special Needs Students/ HRH Prince Ra'ad Executive Office in schools in Wadi Araba, South Mazar, Tafilah, and the Northwest Badia for the academic year 2003.

Introducing resource rooms for learning difficulties in most regions of the Kingdom and that are distributed throughout the directorates of the MoE, with a total of 300 rooms at the present time.

Signing a ten-year agreement with the Princess Tharwat College in 1993-1994 to introduce Grade 1 teachers to learning difficulties and teaching methods in the resource rooms. Every year, 60 teachers receive their diploma in special needs education.

Signing a cooperation agreement between the MoE represented by the Remedial Education Division and the National Institute for Community-based Rehabilitation/ Mu’ta University, for training public school teachers on special needs education for the year 2003-2004.

Modernizing the implemented technologies in teaching the blind by procuring special equipment in 2003-2004.

Conducting annual surveys for students with special needs (with hearing, vision, speech, linguistic impairments or physical disabilities) so as to provide them with the necessary equipment and aids.

Issuing of regulations for establishing and licensing of special education institutions and centres in 2002.

271.The Jordanian Government has given due attention to the child's right to rest and leisure, and to participate in cultural life according to article 31 of the CRC. The most important achievements of governmental and non-governmental institutions include:

272. The MoC has set integrated cultural policies for child care and culture and has allocated the necessary technology and financial and human resources to guarantee the full implementation of those policies. It encourages all concerned parties, both at the national and Arab-world levels to support and promote cultural activities related to fine arts, theatre, music and literature, and create a spirit of competitiveness among people working in the field.

273. There were seven children's cultural centres registered at the MoC from 1999 to 2002. The Ministry allocates a yearly sum of money as support for each centre. It has also allocated funds to establish a children’s cultural centre in Zarqa (the Princess Salma Centre).

274. The most important annual and periodical activities carried out by the MoC from 1998 to 2003 were:

The Youth Creativity Competition for ages 16-23, which is a local annual competition.

Arab and international participation in creative writing competitions for children, children’s book competitions, as well as Arab and International exhibitions.

Amman Creative Assemblies, where specialists from Arab countries meet to discuss children’s culture.

275. GAM was established on 1 January 1998 under the amended law of the Municipality Law, by which municipalities, town and village councils were joined with Amman City to the Capital Municipality. GAM started providing a number of services to the capital such as road maintenance, the construction of bridges and tunnels, road and traffic management, hygiene and cleanliness of the city, as well as cultural services such as the building of libraries, parks and others. GAM has also adopted the Child Protection Programme.

276. GAM, since its establishment, has given a great deal of attention to children through:

277. GAM established the Zaha Cultural Centre for Children in 1998 in Khalda in western Amman. It is dedicated to providing Amman's children with free social, cultural and athletic services. The Centre has a comprehensive children’s library containing more than 8,000 books and 100 weekly and monthly periodicals in both English and Arabic. The computer lab contains 17 computers, all connected to the Internet. Lectures, exhibitions, workshops and plays are all held in its multipurpose hall. Its cafeteria sells items at reduced prices. The Centre also has several outdoor facilities, such as a playground and gardens.

278. GAM's public libraries are among the oldest and most visible cultural attractions in the city. The first public library was opened to the public in 1960, and the first children's library was established in 1964 in downtown Amman. GAM Public Libraries Department, in recognition of the importance of reading in early childhood, works hard to provide cultural and educational services through public libraries in all Municipality regions, so that there will be a public library in each region. Today, the Municipality oversees 32 libraries and ICT centres in Amman.

279. This department is concerned with the development of GAM's national and cultural role. It contributes to child development through the following:

-Publishing the children's monthly magazine Al Bara'im (50 issues published so far).

-Purchasing the copyrights to at least three Jordanian plays per year for free showings.

-Publishing children's and teenager's books, including at least nine books in 2003.

280. Queen Rania Park is located in the heavily populated Um Nuwara neighbourhood between Al Nassr and Quweismeh, and covers an area of 26 acres. The project aims at providing educational, health and physical care for children, and developing their mental capabilities, as well as providing opportunities for training and educating women. The project also seeks to provide an outlet for area residents to engage in recreational activities and other educational and cultural functions. Considering the great emphasis on bridging the digital divide, the facilities include a special computer lab for children that contains seven computers connected to the Internet.

281.The ‘Children and The City’ conference, organised by the Arab Urban Development Institute (AUDI), GAM and the World Bank, was held in Amman in December 2002. The key objective of the conference was to highlight the increasingly complex issues faced by children and youth living in the urban areas of the Middle East and North Africa (MENA) region. The conference explored ways in which local governments, civil society (including children) and the private sector could act together to address these issues through innovative policies and programmes. The conference also provided a forum for the mayors and other related policy makers from the region to interact and discuss possible 'next steps'. The Conference called for the establishment of a regional fund for municipal and local projects that address urgent children’s need in MENA cities, and is being implemented through the MENA region Child Protection Initiative (CPI) aimed at improving the well-being of vulnerable and disadvantaged children and youth in MENA countries

282. In response to the Arab League's declaration that the year 2002 was to be the Year of the Child in the Arab World, GAM, in cooperation of the Arab Institute for City Development and the World bank, organised a conference on “Children and Youth in Urban Areas” concentrating on the less fortunate from both sexes, such as the poor and those who are working in areas of conflict, and the disabled. This conference concentrated mainly on the MENA region as a case study. The conference’s main objective was to highlight the problems that face children and youth in urban areas of the MENA region, with a particular focus on effective approaches for reaching the most vulnerable and disadvantaged and raise the awareness of high-ranking municipal officials to the needs of children and youth, and the importance of urgently addressing those needs through multi-sectoral strategies.

283. Jordan Radio and Television Corporation plays an important role in child care through its many children's educational programmes. Such programmes are aired on a daily basis and aim to develop and enhance children's capabilities.

284.Based on monitoring JRTV's children's programmes for the period from 1999 to 2003, it has been established that that they were directed towards a child's best interests.

285.The El-Hassan Youth Award Scheme started in Jordan in 1984 as a pilot scheme in the Amman Baccalaureate School. It provides an opportunity for young people between the ages 14-25 years, to enrol in self-challenging, educational and non - academic programmes to achieve a balanced personality. These programmes include social services, skills, expeditions and physical recreation. So far, 6,487 participants (both male and female) joined this project for the years 1999 until 2003 of which 2,237 participants received the award.

A training programme on the Convention on the Rights of the Child in cooperation with UNICEF and UNESCO.

The National Environment Campaign in cooperation with GAM, the MoE, and the Ministry of Agriculture under the slogan “For a Green Jordan with Children’s Help”.

The Handicrafts Competition, which is an annual, one-of-a-kind, national competition held in cooperation with public and private institutions.

Teaching Aids Competition, which is an annual competition that is held in cooperation with public and private institutions in an attempt to encourage the development of innovative teaching aids.

The Arab Song Festival: The Centre participates annually through its ballet group.

Awareness programmes: The centre, in cooperation with international, public and private institutions carries out numerous awareness programmes about water consumption, smoking, Drugs, AIDS, etc…

Traditional Games Competition that is held in cooperation with UNESCO, and public and private institutions

School Visits: The Centre receives many visits conducted by pre-school children and primary classes.

Summer Clubs: The centre receives a large number of school students during the summer holiday; these clubs offer many cultural, scientific, and leisure activities to participants.

287. JOHUD was established in 1977 to alleviate human suffering caused by poverty and unemployment. It strives to reach and maintain comprehensive and sustainable development through the enhanced participation and empowerment of Jordanians. It has focused since its establishment on childhood care and development through the Princess Basma Resource Centre network. This network consists of 50 centres distributed throughout the Kingdom, and offers the following child care services:

Nurseries : The fund established 11 nurseries, including one in the Prince Hassan Industrial City and another in Sahab Industrial City

Kindergartens: The fund established 50 kindergartens, serving 9,987 children from 1997 to 2002. These kindergartens contain all facilities needed for child care in addition to community-based programmes.

Children's summer clubs: There are about 50 clubs for young people aged from 7-14 years. They offer many activities, such as cultural activities, sports, art and various social activities. In addition, these clubs offer an awareness programme and training workshops on children's rights for children and students in cooperation with the MoE. Moreover, a special training programme on child protection was held for the camps’ supervisors. In addition to the above, and with the co-operation of the Jordanian Press Foundation Al-Ra'i Newspaper and Haya Cultural Centre, a special competition about child protection was organised entitled 'Your Future in Your hands' . The clubs also conduct special annual festivals for children to celebrate the Arab Child Week.

The ECD Project (Better Parenting): This project is conducted in all of the Fund's centres in cooperation with UNICEF. It aims to increase the level of parental awareness in all aspects of a child's growth and development as well as child care practices from 0-7 years. Around 5,665 people were trained through 265 courses from 1999 to 2002.

288. The MoSD, together with NGOs, provide many activities for children, including:

Annual holiday camps
Institutionalised Children's Festival
Non-academic holiday programmes
Exchange visits between institutions
Ramadan tents
Disabled children's sports activities
The Arab Family Day
Disabled Child's Week

289. The Jordanian Government has given a lot of care to refugee children through providing them with all of their basic needs. The Government endeavours to improve the economic, social and living conditions of refugees through special projects and programmes such as the Social Security Package, which is a national strategy that aims to develop and rehabilitate the infrastructure of less fortunate areas including the refugee camps This package cost the Government over JOD 26 million from 1999 to 2004. The Government has rented land for refugee camps, and with the cooperation of other local social agencies has implemented many projects aimed at increasing the economic level and services in refugee camps.

290. The Government has provided access to education to the majority of refugee camp children both at the primary and secondary levels, as UNWRA schools do not cater for secondary education. Refugee children are also provided access to higher education in Jordanian universities through the national admission programme, in addition to provisioning 300 places sponsored by the Royal Court.

291. In the field of health services, a large group of refugees benefit from public health and insurance services whereby the Government covers the lack of services that are offered by UNRWA, in addition to providing medicine and vaccines.

292. The Government, in cooperation with international donor institutions implements many projects aimed at increasing the quality of life in refugee camps. These projects include health centres and other centres aimed at providing care for refugees, and especially for children, through the creation of public parks. Three public parks were created in three refugee camps from 2002 to 2004, in addition to establishing kindergartens, public children's libraries and other projects that cater to the child.

293. The Government has exerted a lot of effort to help and support refugees, and especially refugee children, in an attempt to alleviate their suffering due to factors such as poor living conditions resulting from high fertility rates and the reduction of aid provided by UNRWA, taking into consideration that UNRWA’s annual budget is around US$ 75,000,000 million, while the total expenses endured by the Government reached to around US$ 423,121,161. Therefore, the Government, with the help of UNRWA and donor nations, tries to relieve the impact of the reduced UNRWA budget and to call on nations to bridge the gap.

294. The Jordanian Government signed two agreements with the UN High Commissioner for Refugees (UNHCR) to deal with other non-Palestinian refugee issues. Accordingly, it allows non-Palestinian refugees access to free education in public schools regardless of the fact that they are fostered by their parents or not. In addition, Jordanian laws guarantee the rights of refugees and their children by granting birth certificates to newborns, marriage certificates and other legal papers. The Government also signed an agreement with the International Committee of the Red Cross (ICRC) allowing it to provide health services, counselling and shelter for orphaned children, in addition to the other basic services offered by the ICRC.

295. As mentioned in previous reports, existing laws prohibit capital punishment for those who have not attained the age of 18 years.

296. Jordan ratified the four Geneva Conventions of 1949 and their Additional Protocols of 1977. It is also party to the Rome Statute for the Establishment of the International Criminal Court. Jordan was the first Arab country to ratify the ICC. The Kingdom has taken all necessary measures to increase awareness of such conventions, such as holding workshops and training courses for members of the police academy, the Armed Forces, the Royal Human Rights Commission (now the Jordan National Centre for Human Rights), and other NGOs such as Mizan Law Group. The Regional Human Security Centre at the Jordan Institute of Diplomacy organised several conferences and roundtables on child soldiers that produced many recommendations including the age of recruitment. Some NGOs and certain experts in the field of children’s rights demanded that the Jordanian Government should sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (or 'child soldiers’ treaty') that was adopted by the General Assembly of the United Nations (UN) in May 2000.

297. The protection of children against maltreatment and abuse is considered protection for all segments and sectors of the society. Accordingly, Jordan took legislative measures to protect children from all forms of abuse and toughened the laws concerning physical abuse, and especially sexual abuse, against children that takes place within or outside the family, with or without the consent of the child.

298.Jordan’s initial report in 1993 and second periodic report in 1998 contained details of the Jordanian Penal Code concerning the maltreatment and sexual abuse of children as follows:

Certain bylaws that prohibit the sexual abuse of children through illegal sexual activity such as rape and kidnapping boys or girls.

The law provides for the protection of children from indecent assault (male or females) and prohibits the use of children in pornographic material. Guidelines to care for sexually abused children have also been established.

299.The recently-endorsed laws for child protection from abuse include the following:

By law, children in such circumstances are considered in need of care and protection as mentioned in Article 31 of the Juveniles Act that specifies10 cases under which a child is considered in need of care and protection. This was detailed in Section 5 of this report.

The establishment of the Family Protection Department in 1997 at the Public Security Directorate to monitor and handle all cases of violence and abuse, in addition to follow-up on children who suffer physical abuse and neglect within the family, or suffer sexual abuse from outside the family. In 2003, this Department’s scope of work was expanded by establishing new units in Zarqa, Balqa, Irbid and Aqaba. In addition, new family protection units were established in other governorates. Currently, there are two new units that are being set up in the cities of Madaba and Karak.

A new methodology for taking children's testimonies has been introduced. Now the police record statements made by children on video cameras to ease the pain of recounting several times details of the traumatic experience. Also, governmental and non-governmental institutions are looking towards the establishment of specialized family courts to deal with family protection cases.

300. In addition to the Family Protection Department and its various units, there are many other partners working for the protection of children from all forms of abuse, such as:

The MoSD Social Service Bureau reports to the various divisions in charge of family protection. It focuses on home visits to families that are threatened by abuse, and place recommendations to protect children from abuse. The number of sexually abused children who were tended to by the Bureau during 2003 and 2004 reached 1,068 and 922 respectively. Currently, there are five permanent bureaus and two temporary ones.

The forensic clinics conduct the medical examinations of the victim and the offender in complete privacy and confidentiality.

Psychiatrists provide diagnoses, treatment and counselling inside the unit itself to ensure that the child victim of sexual abuse and his or her family are not victimised as a result of the proceedings.

The Child Safety Programme was established in 1997 as one of the programmes of the JRF, and as discussed in detail in Section 5, runs two centres:

Dar Al-Aman: This shelter fro abused children was established by the MoSD in August 2001. This shelter provides children with rehabilitation programmes, social, academic and health follow up, in addition to other essential services.

The Prevention Centre: It is a non-residential centre run by the JRF and provides psychological counselling and other awareness services for all sectors in Al Nassr area, where the centre is located.

301.As for the Committee's recommendation to train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of cases of ill-treatment, we note the following:

All workers in the Family Protection Department, including social workers, police officers, forensic doctors and psychiatrics underwent numerous training programmes on how to interview abused children and on ways to interrogate the perpetrators. In addition, the Department runs continuous training programmes through small workshops, and ministry personnel hold seminars and conduct workshops to increase awareness about sexual abuse for all sectors of society.

There are many voluntary organisations that provide assistance in raising awareness about abuse and other services such as the JWU, the Family Guidance and Awareness Centre in Zarqa, the Jordanian National Forum for Women and others.

The MoE plays a major role in this field. Currently there are about 1,214 social counsellors, of which 1,104 work in public schools and 110 are in private schools. All counsellors have attended special training courses on child abuse, including reporting and management. So far, 33 workshops took place during the scholastic year 2002/2003 and two workshops for head counsellors were held during the scholastic year 2003/2004. Counsellors are obliged to report any identified family abuse cases in schools to the Family Protection Department, which takes the necessary action.

302.The following table shows the number of cases that were dealt with by the Family Protection Department from 1999 until mid-2004. The table shows that there were 1,961 reported cases of which 1,060 cases involved males and 901 involved females:

The number of sexually abused children (1999 until mid-2004)
Year Child Victims of Sexual Abuse Number - Male - Female
1999 10612 1227
2000 15214 8300
2001 13610 6242
2002 16517 3338
2003 31521 8533
2004 4203 40760
Total 12941 1062400

303. As for the Committee's recommendation to undertake a national study on the nature and extent of sexual exploitation of children, the JWU, in cooperation with the United Nations Development Fund for Women (UNIFEM), conducted a legal social study on family violence. The study was divided into two parts: the first dealt with the legal aspect and included an analytical report about the Court of Cassation (Supreme Court) rulings on child sexual abuse cases for children under the age of 18. The second part dealt with social issues and included a comprehensive study of 14-year-old schoolchildren in public, private and UNRWA schools in the capital Amman. This study was based on a random sample of 500 students, both male and female, from Grade 9. The study aimed at analyzing and identifying the forms and consequences of abuse within the family, and determining the places where sexual abuse would most likely occur. One of the study's findings was that not all students who had been physically or sexually abused had reported the incident out of ignorance or fear of their parents. The following two tables illustrate some of the results of this case study:

Types of abuse that were encountered by the student sample
Type of Abuse Male Female Total
Psychological 27.65279.6
Physical 49.8634.84.4
Sexual 326.21.047.3

Types of sexual abuse that were encountered by the student sample
Type of Sexual Abuse .Male. Female. Total
Harassment.03074.00.0374
Incest-28.628.6
Rape-19.8819.
Foreplay-51.651.6

304. With regards to the Committee’s recommendation to undertake a comprehensive review of legislation in the light of the Convention and international standards, we point out the following:

In Jordan, there are numerous legislations related to juvenile justice, such as the Code of Criminal Procedure No.9 of 1961 and its amendments. The powers and jurisdiction of the juvenile courts, as well as the time and place of their sessions, are clearly defined and according to the Juveniles Act No.24 of 1968 and its amendments, their proceedings are regarded as confidential. The Jordanian Penal Code No.16 of 1964 and its amendments determine crimes and punishments.

The Jordanian legislation on juvenile justice is consistent with the promotion of the child's dignity through a number of measures. For example, the juvenile cannot be handcuffed, court proceedings are confidential, and the juvenile's privacy is respected throughout the proceedings. The Juveniles Act classifies children into four age groups in compliance with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules).

The Jordanian legislation on juvenile justice is in conformity with the CRC as it considers all juveniles equal before the law, without any discrimination based on gender, race, ethnic origin or religion. The Jordanian Constitution emphasizes the principle as it stipulates that Jordanians are equal before the law. Article 3 of the Penal Code prohibits that any child should be accused of or recognized as having infringed the Penal Code by reason of acts or omissions that were not prohibited by law at the time they were committed; Moreover, Jordanian legislation considers a person innocent until proven guilty, thus a juvenile is innocent in the eyes of the law if not proven to be otherwise, and he or she is treated accordingly.

The Juveniles Act No.24 of 1968 and its amendments of 1983 and 2002 provides for the procedures to be followed when dealing with 'children in conflict with the law' and 'children in need of care and protection'. The Conciliation Court, in its capacity as a Juvenile Court, has the jurisdiction to adjudicate violations, misdemeanours and measures for care and protection providing the penalty does not exceed a seven-year jail sentence or hard labour. The Court of First Instance, acting in its capacity as a juvenile court, shall be competent to pass judgement in all cases involving other criminal offences. It is still hoped that a special court for juveniles will be established, other than the courts existing currently in Amman and Irbid, which were established upon administrative decisions to deal with juvenile cases.

305. The MoSD, the Ministry of Justice and the Public Security Directorate since 1998, in cooperation with the JNCHR, NGOs, local and foreign international bodies and with the support of UNICEF have implemented a series of training workshops on juvenile justice and related procedures, including coordination. The workshops focused on local laws related to juveniles, social studies and methods of interrogation, in addition to training on international conventions and agreements on juvenile justice.

B) Children deprived of their freedom: rehabilitation and reintegration: (article 39)

306. With regards to the Committee’s recommendation that attention should be paid to measures of rehabilitation and social reintegration, we point out the following:

The Jordanian legislation provides for various measures that the court can take to encourage rehabilitation. The court may order measures to protect the child by placing him or her in the care of one of his or her parents, his or her legal guardian, a member of his or her family or a person to whom he or she is not related, by ordering the culprit or his father or guardian to pay a fine, damages or court costs, by ordering the culprit or his or her father or guardian to furnish a financial guarantee of his or her future good conduct by ordering him or her to give a personal undertaking that ensures his or her good conduct and behaviour or by placing him or her under the supervision of a probation officer, under the terms of a surveillance order. According to article 18 of the Juveniles Act, a young person who commits a misdemeanour punishable by detention shall be placed in a juvenile reformatory for a period not exceeding one third of the term of the penalty prescribed by law. A number of workshops were held on justice reform including introducing alternative measures such as diverting children away from reform centres and into community services.

The Juveniles Act prohibits the detention of juveniles in correctional and rehabilitation centres; instead, the law specifies that juveniles should be placed in welfare institutions to separate them from adult offenders and to protect them from possible abuse.

Detained juveniles are granted periods of leave (no longer than one week) on public holidays and special occasions if their conduct has been good. (article 27/2)

The law allows a juvenile to leave the institution in order to pursue his or her academic or vocational education in any public or private institution provided that he or she returns to the institution at the end of the school day. (article 26/2)

According to national legislation, juvenile institutions (care, education or rehabilitation homes) have to take into consideration the child’s best interests and provide all the basic educational, psychosocial, and recreational programmes to juveniles in order to promote their social reintegration.

307. In response to the Committee's remarks about new developments in the area of juvenile justice since the consideration of Jordan's second periodic report, we point out the following:

-In reviewing the achievements since 2000 and until the end of 2003, the concerned bodies have taken great steps that indicate a change in the penal philosophy of Jordanian legislators, through both direct and indirect changes.

-Direct changes include the provisional Juveniles Act No. 11 and No.52 of 2002. These include a number of features, most important of which are:

-Limiting the detention of juveniles to the judiciary council, thus no other party is authorized to do so (article 4).

-Emphasis on the establishment of juvenile courts within the premises of the Courts of First Instance. This court will be specialized in the proceedings of juvenile crimes and can be held at weekends and during holidays, as well as evening hearings if necessary, if it is in the child's best interest to do so (article 8). However, this article was repealed due to lack of financial resources.

-The establishment of a Social Defence Bureau in every courthouse, to include a team of experts in forensic medicine and psychology, as well as social counselling (article 9).

-The addition of guarantees that a juvenile shall not be interrogated without the presence of his or her parents, or guardian, or in their absence, the presence of the probation officer.

-A juvenile who has not completed his or her sentence, but has attained the age of maturity (up to the age of 20) is allowed to remain in the welfare institution in order to complete his or her education and rehabilitation (article 20).

-The amended Juveniles Act provides for the procedures of releasing a juvenile upon the recommendations of the Minister of Social Development after having served a third of the sentence, and if the release is in the child’s best interest.

-As indirect amendments are related to the amended Law of Criminal Procedure No.16 of 2001 published on page 1294 of the Official Gazette No. 4480 of 2001. The most important provisions of this law, which contributes to reinforcing freedoms and improving the legal position of juveniles are as follows:

-Adding new provisions related to conditions for arrest, as it is one of the most important procedures that affect a person’s freedom (article 100).

-Limiting detention and extension of detention and adding provisions that provide for release without bail, without any reference to any statutes (article 114).

-Reducing the detention time at police stations from 48 hours to 24 hours, while all minutes and investigation papers are kept (article 110/b).

308. The Jordanian legislation guarantees a juvenile’s right to survival and growth to the greatest extent possible, as the law prohibits imposing the death sentence or hard labour on juveniles.

Reformatories: Any public or private reform institution, accredited by the Minister for the arrest and detention of juvenile delinquents.

Juvenile rehabilitation homes: Any public or private reform institution accredited by the Minister for educational and vocational rehabilitation.

Juvenile welfare homes: Any public or private institution accredited by the Minister for the care of juveniles.

310. Institutions treat juveniles on a human basis, with respect and dignity, while providing basic services such as shelter, food, clothing, and health care services. In addition, they are provided with educational and vocational training, access to sports and leisure activities, social and psychological counselling whether inside or outside the institution. They are also allowed contact with their families through visits and telephone calls.

311.The Juveniles Act in article 36/4 obliges court judges to conduct periodic visits, at least once every three months, in order to ensure the good quality of services available at such institutions.

312. Social welfare institutions do not provide legal assistance to juveniles. Such help can be obtained during detention pending trial through the parents who can authorize a lawyer or after being sentenced, when a lawyer can appeal against the court's ruling. However, some civil society institutions provide protection and legal consultancy through a special clinic that has provided help to 720 juveniles from 2001 to 2004.

313. Drug abuse does not form a major problem in Jordan. However, Jordan historically has been a transit country for illicit drugs because of its geographical location between drug producing countries and drug consuming countries in the MENA region. There has been an increase in the number of Jordanian drug dealers, and as a result, an increase in the number of users, notably heroin users, after the eradication of the cultivation of illicit drugs such as hasish in Lebanon. This has called for new legislative, administrative and preventive measures to combat the phenomenon.

314. The Jordanian Government has been aware of the drug problem since the early 1950s. The Law on Narcotics and Psychotropic Substances No. 11 of 1988 is considered balanced: on the one hand, it stipulates that no legal proceedings by the public prosecution shall be brought against a person addicted to narcotic drugs or psychotropic substances if he or she, of his or her own accord, comes forward requesting treatment or if such a request is made prior to trial. On the other hand, the punishment for anyone who produces, manufactures, imports, exports or transports any narcotic drug or psychotropic substance is hard labour for no less than 15 years, and the death sentence is the punishment in the case of repetition, or if the person committed the offence in association with an international criminal group which deals in and handles narcotic drugs or psychotropic substances. The law also punishes whoever dispenses, provides or prescribes any preparation in cases other than those allowed under the legislation in force.

315.One of the most important provisions of the Law on Narcotics and Psychotropic Substances under article 8/b is that it imposes the death penalty on the offender who commits any of the offences mentioned in the law in association with a minor or uses a minor in committing them.

316. Article 9/a/c imposes the death penalty or hard labour for life to anyone that provides a minor with narcotic drugs or psychotropic substances or facilitates that person's obtaining them in cases other than those authorized or allowed under tile legislation in force or sets up a place for abuse of, dealing in or handling of narcotic drugs or psychotropic substances or provides such a place in association with a minor or uses a minor in committing them, or if the person provided with the abused narcotic drug or psychotropic substance is a minor.

317.Article 8/a imposes limited-term hard labour for a period of no less than 15 years for anyone who produces, manufactures, imports, exports or transports, purchases or sells any narcotic drug or psychotropic substance, under conditions other than those authorized under the legislation in force. In addition, according to article 14, whoever imports, purchases, produces, manufactures or processes any narcotic drug or psychotropic substance for the purpose of abuse shall be punished by imprisonment for a period of not less than six months and not more than two years.

318. The text in the above-mentioned articles was general, thus including both minors and adults.

319. The MoH, represented by the Drug Monitoring Department, carries out inspections of pharmacies to check on their abidance by the law of the Pharmaceutical Profession and Dangerous Drugs No. 43 of 1972, from the point of dispensing dangerous drugs, which are only sold upon an authorized medical prescription and in limited quantities.

320. Jordan has signed a number of international, bi-lateral and regional agreements on drug control, none of which include an agreement exclusively for children, as all are general, including both minors and adults, such as the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, the 1971 Convention on Psychotropic Substances. This is in addition to Memorandums of Understanding with Turkey and Egypt.

321. The Anti-narcotics Department, through coordination with the MoE, the Higher Council for Youth, and the Higher Council for Information and universities organises seminars and lectures to promote awareness of the dangers of substance abuse. The Department and the MoE have held a number of training workshops for the Ministry's counsellors in order to develop their skills in dealing with this problem, its prevention and treatment, in addition to public awareness programmes directed towards parents and guardians on the dangers of drug abuse.

322. The Anti-narcotics Department has units and offices throughout the Kingdom that receive complaints and information on drug-related cases. The Department deals with all problems and cases with confidentiality and transparency. The Department also runs a drug treatment centre.

323. The MoH represented by the National Centre for the Rehabilitation of Addicts and the Al-Rasheed Private Hospital treat and rehabilitate drug addicts.

324. As for licit drugs (mainly tranquilizers and barbiturates) obtained on prescription, the role of the Anti-narcotics Department is limited to the preventive scope, except for some simple arrests involving offering such drugs and alcohol to minors under the age of 18. The Department admits that there are a number of juveniles who consume such substances, especially those forced by their families to enter the labour market at a young age, and especially in jobs where substances such as paint, paint thinner, glue and benzene are used.

325. Questscope for Social Development in the Middle East carried out two studies on child labour in Jordan. The studies focused on children working in industrial areas such as Sweileh and the downtown central vegetable market in Irbid. The results indicate that child labour is one of the causes of substance abuse among children.

326. The table below shows the numbers of children arrested in drug-related cases in the years 2000, 2001, 2002, 2003, 2004 until 31 August 2004. All the children are boys aged 16 – 18.

Children arrested dealing in drugs for 2000 – 2004
Year Number
2000 5
2001 10
2002 8
2003 13
2004 20

327. There are no recorded cases of children treated for addiction at the Anti-narcotics Department or the National Centre for Rehabilitation of Addicts However, addicted children have been treated at Al-Rasheed Private Hospital according to the table below:

Addicted children treated at Al-Rasheed Hospital from 1999 –to 31 August 2004
Year     Nationality    Sex
Jordanian    Other   Male Female
2000  5 --16
2001  31 31
2002 1--1
2003 1--1
2004 57 -- 66
total 159 -- 168

328.The provisional Monitoring of Minors' Behaviour Code No.51 of 2001 prohibits children from consuming alcohol and tobacco as follows:

A minor is prohibited from purchasing tobacco, alcoholic drinks, drugs, narcotics or psychotropic substances. (Article 35/A/1)

A minor is prohibited from smoking tobacco, Nargeelah (hubbly-bubbly) or consuming alcoholic drinks, drugs, narcotics or psychotropic substances. (Article 3/A/2)

Requesting persons younger than 18 years of age to purchase tobaccos (of all kinds), alcoholic drinks or drugs is illegal. (Article 3/B)

A jail sentence of a maximum of six months or a fine of no more than JOD 500 or both penalties are imposed on any person who sells tobacco, alcoholic drinks or psychotropic substances to a minor, any person who asks a minor to purchase such substances, any person who dispenses a medical prescription for drugs and narcotics to a minor, or any person who allows a minor to enter nightclubs and bars and offers alcoholic drinks to a minor. (Article 8/A/1)

A minor purchasing or smoking tobacco, consuming alcoholic drinks, drugs, or psychotropic substances is fined JOD 20, and the fine is doubled every time the offence is repeated. (Article 7/A)

The administrative governor has the right to close down any shop, nightclub, bar or coffee shop whose owner offends the provisions of the Monitoring of Minors' Behaviour Code. (Article 9)

329. Instructions were issued to form a committee for the monitoring of minors in every region, headed by administrative governors, and including members and representatives of concerned parties. The committee's task is to apply the provisions of the Monitoring of Minors' Behaviour Code, including posting notices at the entrance of places prohibiting the entry of minors.

330. With regards to the Committee’s concerns at the insufficient data on and awareness of the phenomenon of commercial sexual exploitation of children in Jordan, we point out that trafficking in children is non-existent in Jordan. Despite the fact that the law specifically prohibits trafficking in children, a number or judges, lawyers and members of NGOs as well as other specialists see the necessity of passing legislation that complies with the active international conventions in this field. This was taken into consideration in the draft Childhood Act, as a number of articles deal with the subject.

331. With regards to the Committee’s recommendation to amend the Labour Law to ensure that children working in family enterprises, agricultural activities and domestic labour are protected, we would like to point out the decision of 1997 based on article 74 of the Labour No. 8 of 1996 and its amendments, on safety and occupational health, including the definition of work that is considered hazardous or interferes with a child's health. The details of the decision were attached to the previous periodic report of 1998 (paragraph 145).

332.The MoL established the Child Labour Unit in 1999, in cooperation with ILO, whose activities include:

Conducting national research on child labour, including a national survey on the situation of child labourers to provide accurate information and statistics to use in the formulation of preventive and remedial strategies to combat this phenomenon.

Building a database on child labour that has been periodically updated since mid-2001. This database is considered to be the most comprehensive at the national and Pan-Arab levels.

Following up on the work of the child labour committee responsible for establishing a national strategy for the elimination of the worst forms of child labour that includes a number of educational and practical policies to form the main core of the National Programme on the Elimination of the Worst Forms of Child Labour 2003 - 2006, with the support of The International Programme on the Elimination of Child Labour (IPEC).

Naming the legal committee under the supervision of the Unit, in addition to non-governmental organisations, who were given the mission of studying and reviewing all legislation concerning children.

Implementing a public awareness and education programme on children's rights and the importance of education. The main target was school students who form 34 per cent of the Jordanian population.

Organising a school competition on the negative effects of dropping out of school. The competition was held in cooperation with the MoE for school students aged between 6-16 years, so as to give them the opportunity to express their views on the topic through writing stories and poetry. One hundred and twenty schools throughout the Kingdom participated and the winners were awarded.

Contributing to the pre-launch stage of 'Scream, stop child labour', a new educational programme launched by the International Labour Organisation through its International Programme on the Elimination of Child Labour in 2002. It aims to support children's rights through education, the arts and the media. The experiment was successful in four countries, including Jordan as a model for the Arab Region.

Establishing of a documentation centre for the studies and research related to children at the national, Arab and international levels.

Producing a documentary on child labour in Jordan in cooperation with the Journalism and Information Department at Petra University. The film was shown at the International Labour Organisation after the meetings of the ILO Convention in 2002.

Participating in radio and television programmes related to child labour and its negative effects on the health and safety of working children.

Using a statistics model that measures the economic, social, and educational dimensions of children’s labour in Jordan. (A copy of this model is attached).

Article 73 of the labour law and its amendments No.8 of 1996, and as mentioned in Jordan's second periodic report (paragraph 141), stipulates that the minimum age for employment is 16 years. The amended text of article 74 raised the minimum age for employment in hazardous or work or work that is harmful to a child's health from 17 years to 18 years.

The article stipulates that a minor should not be hired for jobs that are hazardous, strenuous or detrimental to health dangerous, if he or she has not attained the age of 18 years. Such jobs are determined by decisions issued by the Minister after consulting specialized official parties.

The Education Law No. 3 of 1994, article 10 determines the obligatory stage of education up to the age of 16 years. The same age was also determined for vocational training.

With regards to the protection of children working in agriculture, the text of article 3/d of the Labour Law was amended, determining the categories of workers in agriculture to whom the provisions of the Labour Law apply as follows: agricultural engineers, veterinarians, agricultural workers in public and official institutions on daily wages, technical workers on agricultural equipment, and those working in tree, vegetable, plant, or flower nurseries, on chicken, cow or goat farms, artificial insemination farms and fish and bee farms.

The Labour Inspectors Bylaw No. 56 of 1996 guarantees inspection of work places and work conditions, whether the workers are children or adults by labour inspectors who shall exercise, during the performance of his or her job, the power vested in the members of judicial police.

334. In the context of protecting children from economic exploitation and from performing jobs harmful to the child's health or physical, mental, spiritual, moral or social development, Jordan has ratified a number of international treaties previously mentioned in other sections of this report such as ILO Conventions No. 138 concerning the Minimum Age for Admission to Employment, No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, and ILO Convention No.124 on the Medical Examination of Young Persons (Underground Work).

335. In the context of efforts towards the gradual elimination of the worst forms of child labour, the MoL has prepared a report on the situation of working children in Jordan for the year 2001. The report sheds light on the situation of the working children and their families from many aspects, including the demographic situation related to the distribution of children according to profession, reasons for work and income, the educational level, including the reasons for dropping out of school and the educational background of the parents, the children's social status and the relationship between the distribution of the children according to the social status of their families (parents' profession, number of working siblings), health status that gives an indication of the children's health and their knowledge of occupational health and safety, and working conditions and the distribution of the children according to job, working hours and holidays.

The nature of children's work varies greatly from one region to another. Data indicate that more than half of working children (57 per cent) are from the capital, followed by Zarqa (21 per cent), Irbid (8 per cent), and Balqa (4 per cent). The study also revealed that around (10 per cent) of the children earn less than JOD 1 per day.

Most of the children work in very small institutions, as 88 per cent of them work in institutions that hire five or less workers, while 94 per cent work in institutions that hire ten workers or less.

Most of the children work very long hours that exceed the maximum allowed under the Jordanian Labour Law. In fact, 54 per cent work 8 hours or less per day, and the rest work almost 9 hours per day.

53 per cent of the children in the study work as an apprentice to learn a profession, and around 52 per cent work to assist their families.

(Attached is 'The Report on the Situation of Working Children in Jordan for the Year 2001', issued by the MoL).