CRC/C/MMR/CO/3-4
(c)
Strengthen sustained public education, awareness-raising and social
mobilization programmes involving children, families, communities and religious
leaders on both the physical and psychological harmful effects of corporal punishment
with a view to changing the general attitude towards this practice and promote
positive, non-violent and participatory forms of child-rearing and discipline as an
alternative to corporal punishment; and
(d)
Ensure the involvement and participation of the whole society, including
children, in the design and implementation of preventive strategies against violence
and other forms of abuse.
E.
Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11,
19-21, 25, 27 (para. 4) and 39 of the Convention)
Children deprived of a family environment
55.
While noting that the Department of Social Welfare developed Minimum Standards
on Care and Protection of Children in Residential Care (2008), the Committee expresses its
concern about the increase in the number of children in residential care facilities; the lack of
regulation of private and religious organizations that run residential institutions for
children; and reports of physical abuse of children in residential institutions.
56.
The Committee recommends that the State party:
(a)
Develop a strategy for the deinstitutionalization of children with a clear
time frame and budget, which includes the reintegration of children with their
families, as far as possible, while taking into account the best interests and the views of
the child;
(b)
Ensure that all residential institutions for children that are run by
private and religious organizations are registered and officially authorized to exert as
alternative care institutions;
(c)
Develop clear guidelines in order to ensure that children’s rights are
respected throughout the entire process of placement in alternative care, with priority
given to family-type and community-based measures; in doing so take into account the
Guidelines for the Alternative Care of Children;
(d)
Ensure systematic periodic review of the quality of care and regular
training, including in child rights, of its relevant professionals; and
(e)
Establish mechanisms for receiving complaints, investigations and
prosecutions for child abuse in alternative care settings and ensure that victims of
abuse have access to complaints procedures, counselling, medical care and other
recovery assistance as appropriate.
Adoption
57.
The Committee is concerned that adoption is regulated by different sources of law,
namely codified and customary laws, which may undermine the State party’s efforts to
ensure that provisions on adoption conform fully to the principles and provisions of the
Convention. The Committee is particularly concerned about the lack of application of the
Child Law provisions on adoption and the different forms of customary adoption under the
1939 Registration of Kittima Adoptions Act, which only applies to Myanmar Buddhists.
The Committee is further concerned about the absence of a thorough agreed monitoring
system of adoptions.
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