CRC/C/FIN/CO/4
prevalence of discrimination against children with disabilities, immigrant and refugee
children and children from ethnic minorities, such as Roma children. It is also concerned at
the social exclusion and structural discrimination of the Roma population, which leads to
increase in substance abuse, mental health problems and a poor standard of living for Roma
children.
26.
The Committee urges the State party to strengthen efforts to combat all forms
of discrimination, including discrimination against children with disabilities,
immigrant and refugee children and children from ethnic minorities. It further
recommends that the State party place high priority in the public agenda on
preventing and eradicating discrimination through, inter alia, the media and
education system. In particular, the State party should, in line with the National
Policy on Roma, enhance the measures undertaken to combat ethnic discrimination
and social exclusion of the Roma and ensure an adequate standard of living for all
Roma children. It recommends that the State party include information in its next
periodic report on measures and programmes relevant to the Convention on the
Rights of the Child 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, and the outcome document
adopted at the 2009 Durban Review Conference.
Best interests of the child
27.
The Committee welcomes information that the Child Welfare Act (2007) includes
the concept of the best interests of the child in the assessment of a child’s need for welfare
measures, but regrets that there is no comprehensive reference to the best interests of the
child in the State party’s other legislation and that the principle is not adequately
understood or taken into account in decisions affecting children.
28.
The Committee urges the State party to strengthen its efforts to ensure that the
principle of the best interests of the child is appropriately integrated and consistently
applied in all legislative, administrative and judicial proceedings as well as all policies,
programmes and projects relevant to and with an impact on children. The legal
rationale for all judicial and administrative judgments and decisions should also be
based on this principle.
Respect for the views of the child
29.
The Committee welcomes the State party’s participation as a pilot country in the
Council of Europe policy review on the participation of children and adolescents. It also
welcomes the right of the child to be heard irrespective of his/her age under the Child
Welfare Act. However, the Committee is concerned that, according to the Administrative
Procedure Act, only children above 15 years have the right to be heard individually in
matters concerning them; under the Aliens Act a child younger than 12 seems not to be
heard as a general rule; and that children are insufficiently heard in custody cases. The
Committee is also concerned that the right of children with disabilities to be heard is not
properly realised. The Committee is further concerned at the insufficient use of alternative
ways to hear children who have reached the age of 12 outside of the courtroom, and that
they may be compelled to attend oral hearings.
30.
The Committee recommends that the State party abolish the age limitations
established under domestic laws and ensure that all children under the age of 18 are
duly heard in judicial and administrative proceedings affecting them, including in
cases of custody in accordance with the maturity of the child. Children should be
heard in a child-friendly manner, taking into account the principle of the best
interests of the child. The views of children, including children with disabilities,
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