CRC/C/CYP/CO/3-4
Protection of Children has yet to be implemented. In that context, there continues to be
prolonged and serious gaps in the protection of child rights.
10.
The Committee recommends that the State party expeditiously adopts the Law
for the Welfare, Care and Protection of Children. Furthermore, the Committee
reiterates its previous recommendation (CRC/C/15/Add.205, para. 9) urging the State
party to take effective measures to ensure that its domestic legislation conforms fully
with the principles and provisions of the Convention, in particular in the area of
juvenile justice.
Coordination
11.
The Committee is concerned that the State party does not have a mechanism for the
coordination of activities between ministries and services for the implementation of the
Convention at every level of the State.
12.
The Committee calls upon the State party to ensure that it undertakes
measures to establish an effective mechanism for coordinating the implementation of
child rights policy among all the relevant bodies and institutions and at all levels. In
doing so, the State party is urged to ensure that this mechanism is provided with the
necessary human, technical and financial resources to coordinate child rights policy
that is comprehensive, coherent and consistent at national and local levels.
Independent monitoring
13.
The Committee appreciates that the State party has appointed a Commissioner for
the Protection of Children’s Rights as an independent institution with similar functions to
that of an Ombudsman, including a mandate to hear complaints and pursue claims on behalf
of children. While noting as positive the mandate and powers granted to the Commissioner,
the Committee is concerned that the limited human, financial and technical resources
allocated to the office of the Commissioner prevents it from fulfilling its role in
independently monitoring the implementation of the Convention. The Committee is also
concerned that neither of the Commissioner for the Protection of Children`s Rights nor its
Commissioner for Administration and Human Rights (Ombudsman) have enforcement
mechanisms to impose their decisions. Furthermore, the Committee is concerned that, with
the allocation of, inter alia, tasks relating to coordination and data collection, there is
inadequate clarity that the Commissioner’s primary role is that of independent monitoring.
14.
Taking into account the Committee’s general comment No. 2 (2002) on the role
of independent national human rights institutions in the promotion and protection of
the rights of the child and article 4 of the Convention, the Committee urges the State
party to expeditiously take appropriate measures to ensure that its Commissioner for
the Protection of Children’s Rights is provided with adequate human, technical, and
financial resources for the Commissioner’s office to effectively function, particularly
with regards to dealing with complaints from or for children in a child-sensitive and
expeditious manner, and ensuring remedies for violations under the Convention.
Allocation of resources
15.
The State party has significantly increased the financial resources allocated to
programmes and services benefiting families in general. However, notwithstanding the
Committee’s previous recommendation to specify details on the amount and proportion of
State party budget spent on the implementation of children’s rights (CRC/C/15/Add.205,
para. 16), the Committee regrets that the State party has been unable to provide this
information and adopt a budgeting process that takes into account child rights, with clear
allocations for the effective implementation of the Convention.
3