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. 6

Select target paragraph3