CRC/C/15/Add.120
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D. Principal subjects of concern and recommendations of the Committee
1. General measures of implementation
Legislation
11.
While the Committee welcomes the implementation of the Children and Adolescents
Code (1993), it remains concerned about the application of Decree 895 (Ley contra el
Terrorismo Agravado) and Decree 899 (Ley contra el Pandillaje Pernicioso), both establishing
lower legal minimum ages for criminal responsibility than the one contained in the Code and
therefore not in line with the principles and provisions of the Convention. In this regard, the
Committee takes note of the enactment of Law 27235, which modifies Decree 895, transferring
the jurisdiction of cases of terrorism from military to civilian courts, but retaining the provision
regarding lower legal ages of criminal responsibility. The Committee recommends that the
State party consider developing alternative measures and programmes to deal with the
problems addressed by Decrees 895 and 899 in order to bring them into line with the
Convention on the Rights of the Child and the Children and Adolescents Code.
Coordination and monitoring
12.
While welcoming the follow-up measures taken to improve the coordination and
monitoring of the implementation of the Convention, such as the establishment of the Ministry
for the Enhancement of Women and Human Development (PROMUDEH) and the Commission
for the Coordination of the National System for Comprehensive Care of Children and
Adolescents (known as the Ente Rector), the Committee is of the opinion that further efforts are
needed to strengthen the role of these mechanisms. The Committee recommends that the
State party continue taking measures to strengthen the Ente Rector by providing it with
adequate financial and human resources to carry out its mandate in an effective manner.
The Committee encourages the State party to continue with its process of decentralization
of the Ente Rector in order to ensure the monitoring of the implementation of the
Convention throughout all the provinces of the State party’s territory. In this regard, the
Committee recommends that the State party take effective measures to guarantee broader
representation in the Ente Rector, including at the municipal level, in order to strengthen
its role.
Local structures for the defence of children’s rights
13.
The Committee welcomes the establishment of Children and Adolescents Defence
Centres, but it remains concerned about the limited capacity of these new entities, their limited
presence in the highland provinces, the poor qualifications of the staff and the inadequate level
of their financial resources. The Committee recommends that the State party continue with
its efforts to strengthen the mandate of the Children and Adolescents Defense Centres. The
Committee also recommends that the State party provide the centres with adequate levels
of financial and human resources to carry out their mandate in an effective manner.