CRC/C/ARM/CO/3-4
Independent monitoring
16.
The Committee welcomes the establishment in 2011 of the focal point responsible
for monitoring, protecting and promoting the rights of children in the Office of the Human
Rights Defender. It is however concerned that the office lacks capacity and resources to
carry out its mandate effectively. It is also concerned that the public, children in particular,
do not seem to be aware of the individual complaints mechanism of the Human Rights
Defender’s office.
17.
Taking into account the Committee’s general comment No. 2 (2002) on the role
of independent human rights institutions , the Committee recommends that the State
party take measures to establish a child rights unit at the Office of the Human Rights
Defender and provide it with necessary human, technical and financial resources. It
also recommends that the State party take measures to inform the public, in
particular children, of the individual complaints mechanism of the Human Rights
Defender’s office, via mass media and briefings in schools. In doing so, the Committee
recommends that the State party seek technical cooperation on this from, among
others, the Office of the United Nations High Commissioner for Human Rights
(OHCHR) and the United Nations Children’s Fund (UNICEF).
B.
General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
18.
The Committee is concerned at the prevalence of discrimination on the basis of
gender. It is particularly concerned about sex-selective abortion in rural areas. The
Committee also remains concerned at the de facto discrimination against categories of
children in marginalized and disadvantaged situations, including children with disabilities,
children living with HIV, children from poor families, children living in rural areas,
children in street situations and children living in institutions.
19.
The Committee urges the State party to enforce its legislation against
discrimination on the basis of gender and take measures to prevent and ban sexselective abortions. It also recommends that the State party ensure that its
programmes address the situation of discrimination against categories of children in
marginalized and disadvantaged situations, including children with disabilities,
children living with HIV, children from poor families, children living in rural areas,
children in street situations and children living in institutions. The Committee further
recommends that the State party include information in its next periodic report on
measures and programmes relevant to the Convention and undertaken by the State
party in follow-up to the Declaration and Programme of Action adopted at the 2001
World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, as well as the outcome document adopted at the 2009 Durban Review
Conference.
Best interests of the child
20.
The Committee notes the inclusion of the “legitimate interests of the child” principle
in the Family Code of 2004, but it considers that the "legitimate interests of the child" is not
equivalent to "the best interests of the child" in its scope. In addition, the Committee
regrets the lack of information on guidelines and procedures for ensuring that the right of
the child to have his or her best interests taken into account as a primary consideration is
applied consistently throughout the State party’s policies, legislation and programmes.
21.
The Committee draws the State party’s attention to its general comment No 14
(2013) on the right of the child to have his or her best interests taken as a primary
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