CRC/C/15/Add.140
page 4
2. General principles
Best interests and consideration of views of the child
17.
The Committee notes that the Constitution of Slovakia and other legislation provide
adequate protection for the child and his or her family, which ensures the child’s well-being.
However, the concept of the best interests of the child and consideration for the views of the
child are not explicitly included in legislative and administrative measures. While welcoming
initiatives like the Children’s Parliament, the Committee is concerned that respect for the views
of the child remains limited owing to traditional societal attitudes towards children in schools,
care institutions, the courts and, especially, within the family.
18.
The Committee recommends that the State party review its legislation and
administrative measures to ensure that articles 3 and 12 of the Convention are duly
reflected therein. The Committee encourages the State party to promote and facilitate
within the family, the school, care institutions and the courts respect for the views of
children and their participation in all matters affecting them. In this regard, the
Committee recommends that the State party develop skills-training programmes, in
community settings, for teachers, social workers and local officials, in assisting children to
make and express their informed decisions and to have these views taken into
consideration.
Non-discrimination
19.
The Committee notes the guarantees of equality and non-discrimination in article 12 of
the Constitution and in the 1990 Charter of Fundamental Human Rights and Freedoms, and the
provisions of the Penal Code concerning racism. The Committee welcomes the establishment of
the Government’s Plenipotentiary for Addressing Roma Minority Issues and the approval by the
State of the 1999 Strategy for the Solution of the Problems of the Roma National Minority and
the Set of Measures for its Implementation. In spite of continuing efforts by the State, the
Committee is concerned that children belonging to the Roma minority experience de facto
discrimination vis-à-vis several provisions of the Convention, particularly the right to the highest
attainable health (art. 24), the right to an adequate standard of living (art. 27) and the right to
education (art. 28).
20.
The Committee recommends that the State party take all necessary measures to
ensure that all children within its jurisdiction enjoy all the rights set out in the Convention
without discrimination, in accordance with article 2. The Committee endorses the
recommendations made by the Committee on the Elimination of Racial Discrimination in
its concluding observations (CERD/C/57/CRP.3/Add.4), and its general
recommendation XXVII on discrimination against Roma, and recommends that the State
party implement them. The Committee requests information on the progress of the
implementation of the 1999 Strategy in its subsequent reports.
21.
The Committee is concerned that the right of the child to be protected from
discrimination by all appropriate measures is not implemented in conformity with article 2 of the
Convention as the State party has not taken affirmative actions for the benefit of certain