CRC/C/COL/CO/3
page 3
7.
The Committee urges the State party to take all necessary measures to address those
recommendations from the concluding observations of the second periodic report that have
not yet been implemented or sufficiently implemented and to provide adequate follow-up to
the recommendations contained in the present concluding observations on the third
periodic report.
Legislation and implementation
8.
The Committee welcomes the incorporation of numerous articles on child rights into the
Constitution, which also affirms that international instruments ratified by Colombia prevail over
domestic legislation. The Committee regrets, however, that the reform of the inadequate
Minors’ Code of 1989 has not yet been completed despite 10 years of debate and numerous calls
by United Nations entities for amendments in order to bring national legislation in line with the
obligations undertaken by the ratification of the Convention of the Rights of the Child. In
particular, the Committee notes that the draft law to reform the Minors’ Code currently under
consideration in the Congress, needs to adequately address the following four areas of concern in
order to be in conformity with the Convention: juvenile justice, adoption, work and protection
against abuse of children.
9.
The Committee reiterates its concern in this regard and recommends that the State
party promptly complete the process of reform of the Minors’ Code in order to provide
effective protection of the rights of all children in Colombia, taking into account the
following four areas of concern in order to bring them into conformity with the
Convention: juvenile justice, adoption, work and protection against abuse of children.
10.
Furthermore, the Committee is concerned that the domestic violence law of 2004, which
fails to incorporate sexual abuse on the grounds that it constitutes physical abuse and as such is
already covered in the Criminal Code, will have serious implications for the welfare and
protection of Colombian children as it disregards the serious nature of sexual abuse and its
impact on victims.
11.
The Committee recommends that the State party reinstate sexual violence as part of
domestic violence legislation in accordance with international legal obligations, including
article 19 of the Convention on the Rights of the Child.
National Plan of Action
12.
The Committee takes note of the ongoing development of a National Plan of Action.
13.
The Committee recommends that the State party adopt a National Plan of Action
for children in consultation with a civil society and all sectors involved in the promotion
and protection of children’s rights, with the aim of implementing the principles and
provisions of the Convention, and taking into account, inter alia, the Plan of Action
“A world fit for children” adopted by the General Assembly special session in May 2002.
The Committee also recommends that adequate resources be allocated both at national and
local levels for the implementation of the National Plan of Action.