CRC/C/SRB/CO/1
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5.
The Committee notes with appreciation that, over the past five years, the State party has
ratified, inter alia:
(a)
The Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child pornography and child prostitution on 10 October 2002;
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict on 31 January 2003;
(c)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime on 6 September 2001;
(d)
The Rome Statute of the International Criminal Court on 6 September 2001;
(e)
Convention No. 182 (1999) of the International Labour Organization (ILO)
concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of
Child Labour on 10 July 2003.
C. Factors and difficulties impeding the implementation of the Convention
6.
The Committee notes that the complex political situation in the country has contributed to
difficulties in the implementation of the Convention in all parts of the country. The Committee
notes that no information on Kosovo and Metohija was provided in the report of the State party
nor the written replies, their administration being under the control of United Nations Interim
Administration Mission in Kosovo (UNMIK). The State party suggested that the Committee seek
relevant information from UNMIK on the implementation of the Convention in Kosovo and
Metohija, owing to the fact that, according to Security Council resolution 1244 (1999), the
administration over Kosovo and Metohija has been entrusted to UNMIK and that under
paragraph 11 of the same resolution, UNMIK has the obligation to protect and promote human
rights in Kosovo and Metohija. Under these circumstances, the Committee requests UNMIK to
provide without prejudice to the legal status of Kosovo, information on the implementation of
the Convention in Kosovo and Metohija.
D. Main subjects of concern and recommendations
1. General measures of implementation
(arts. 4, 42 and 44, para. 6, of the Convention)
Legislation
7.
The Committee welcomes the progress made in legislative reform related to human rights
in general and more specifically to the rights of the child. The Committee notes that while the
new Law on Family Relations, the Law on Protection of Disabled Persons against
Discrimination and the Law on Juveniles appear to be harmonized with the Convention, it is
concerned that, overall, legislation has not yet been fully harmonized with the Convention.
Furthermore, the Committee is concerned at the lack of a comprehensive Children’s Act.
8.
The Committee recommends that the State party ensure full harmonization of all
laws with the Convention and consider adopting a comprehensive Children’s Act.