CRC/C/TKM/CO/1
page 6
25.
The Committee is concerned at the information that, while the ages of marriage is
normally set at 16 years, for Turkmen citizens who marry foreigners and stateless persons, the
age of marriage is set at 18 years.
26.
The Committee recommends that the State party eliminate this form of
discrimination, by ensuring that all persons below 18 years of age receive the same
protection under the Convention and that the age of marriage be the same for all Turkmen
citizens, irrespective of the nationality of the future spouse.
27.
The Committee also requests that specific information be included in the next
periodic report on the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow up on the Declaration and Programme
of Action adopted at the World Conference Against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, held in 2001, also taking into account general
comment No. 1 on article 29, paragraph 1, of the Convention on the aims of education.
Best interests of the child
28.
While the Committee notes that the principle of best interests of the child is included in
the State party’s legislation, it is concerned that it is not always taken into account in practice, in
particular for children belonging to ethnic minorities.
29.
The Committee recommends that the State party strengthen its efforts to ensure
that the general principle of the best interests of the child is understood, appropriately
integrated and implemented in judicial and administrative decisions and in projects,
programmes and services which have an impact on children.
Respect for the views of the child
30.
The Committee notes that the Rights of the Child (Guarantees) Act recognizes the right
of children to express their opinion and views freely in all matters affecting them, but is
concerned that courts have the discretion to decide whether to admit children to proceedings
affecting them.
31.
The Committee recommends that further efforts be made to ensure the
implementation of the principle of respect for the views of the child. In this connection,
particular emphasis should be placed on the right of every child to participate in the
family, at school, within other institutions and bodies, and in society at large, with special
attention to vulnerable and minority groups. This general principle should also be
reflected in all laws, judicial and administrative decisions, policies and programmes
relating to children. In particular, the State party should:
(a)
Ensure that the child who is capable of forming his/her own views is in
practice given the opportunity to express those views freely in all matters, and particularly
in any judicial and administrative proceedings affecting him or her; and that the views of
the child being given due weight in accordance with his or her age and maturity;