CRC/C/15/Add.122
page 6
2. Definition of the child
Criminal responsibility and sexual consent
17.
While the Committee notes that the State party has drafted legislation to increase the
legal minimum age for criminal responsibility from 7 to 10 years, it remains concerned that a
legal minimum age of 10 years is still a relatively low age for criminal responsibility. The
Committee is also concerned that the legal minimum ages for the sexual consent of both
boys (14) and girls (12) are low and that legislation concerning this issue is discriminatory
against girls. The Committee recommends that the State party reassess its draft legislation
on criminal responsibility with a view to increasing the proposed legal minimum
age (10 years) in this regard. The Committee also recommends that the State party
increase the legal minimum ages for sexual consent for both boys and girls and ensure
non-discrimination against girls in this regard.
3. General principles
Non-discrimination
18.
While the Committee notes that the principle of non-discrimination (article 2) is reflected
in the new Constitution as well as in domestic legislation, it is still concerned that insufficient
measures have been adopted to ensure that all children are guaranteed access to education, health
and other social services. Of particular concern are certain vulnerable groups of children,
including Black children; girls; children with disabilities, especially those with learning
disabilities; child labourers; children living in rural areas; children working and/or living on the
streets; children in the juvenile justice system; and refugee children. The Committee
recommends that the State party increase its efforts to ensure implementation of the
principle of non-discrimination and full compliance with article 2 of the Convention,
particularly as it relates to the vulnerable groups.
Respect for the views of the child
19.
While the Committee recognizes the efforts of the State party in promoting respect for
the views of the child and encouraging child participation, it is concerned that traditional
practices and attitudes still limit the full implementation of article 12 of the Convention,
particularly in the provinces and at the local level. The Committee encourages the State party
to continue promoting public awareness of the participatory rights of children and
encouraging respect for the views of the child within schools, families, social institutions,
and the care and judicial systems. The Committee recommends that the State party train
teachers to enable students to express their views, particularly in the provinces and at the
local level.