CRC/C/MKD/CO/2
25.
The Committee recommends that the State party ensure transparency in the
relations and adequate consultation with civil society in the design of legislation,
policies and programmes in all areas concerning children, including in the work of the
National Commission on the Rights of the Child and in the selection criteria for
participation in it.
2. General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
26.
While the Committee welcomes the adoption of the Law on Prevention and
Protection from Discrimination and provisions for the setting up of an anti-discrimination
body, the Committee is concerned that the new law does not explicitly cover certain
grounds for discrimination and that it provides a long list of “exceptions” from what
constitutes discrimination, which may jeopardize the best interests of the child. The
Committee is concerned about de facto discrimination of children belonging to the
minorities, especially Roma, children in institutions, children in street situations, children
with disabilities and children in conflict with the law.
27.
The Committee recommends that the State party improve further antidiscrimination legislation to render it in compliance with international and regional
standards, and that it explicitly cover all grounds for discrimination and consider
removing the list of “exceptions” in the current law. The State party should take all
appropriate measures to prevent, redress and punish acts of discrimination against
children, including through ensuring the effectiveness of the anti-discrimination body.
The Committee requests that specific information be included in the next periodic
report on the measures and programmes relevant to the Convention undertaken by
the State party to follow up on the Durban Declaration and Programme of Action
adopted at the 2001 World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, and the outcome document adopted at the 2009
Durban Review Conference.
Best interests of the child
28.
While noting that the new law on juvenile justice recognizes the best interests of the
child as a guiding principle, the Committee is concerned that this principle is not
systematically included in all relevant legislation and administrative procedures and is not
adequately applied in practice.
29.
The Committee recommends that the State party review all relevant legislation
to ensure that the best interests of the child as reflected in article 3 of the Convention
is incorporated into legislation, regulations and judicial and administrative
procedures. The State party should further undertake to ensure that the best interests
of the child are of primary consideration in all actions concerning children.
Respect for the views of the child
30.
The Committee, while noting the incorporation of the principle of respect for the
views of the child in parts of the State party’s legislation, regrets that this is not done
systematically and legislation still does not ensure the right of the child to be heard in all
judicial and administrative proceedings affecting the child and in accordance with his or her
evolving capacities. The Committee further regrets that traditional societal attitudes towards
children limit respect for their views within the family and in schools, the community and
society at large.
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