CRC/C/ARG/CO/3-4
means to allegedly “protect” children, instead of increasing guarantees for child
rights.
Respect for the views of the child
36. The Committee welcomes the introduction in Act No. 26061 of the right of the child to
be heard and the obligation of the authorities to guarantee that right in all proceedings that
concern a child. Nevertheless, the Committee expresses concern that making the hearing
subject to the child’s own request may give rise to discrimination and inconsistencies in
practice. It further expresses concern at the absence of formal procedures to ensure the
participation of children in issues that affect them and at the perception by children that
their voices are not adequately heard.
37. The Committee recommends that the State party, in accordance with article 12 of
the Convention and taking into account general comment No. 12 (2009) on the right of
the child to be heard, ensure that the right to a hearing in all proceedings concerning
a child is respected, even without previous request by the child. It further
recommends that information on the right of the child to be heard be widely
disseminated to parents, teachers, public officials, judges, lawyers, journalists and
children themselves, with a view to increasing opportunities for children’s meaningful
participation.
Right to life, survival and development
38. The Committee welcomes that the State party has ratified, in 2008, the Second Optional
Protocol to the International Covenant on Civil and Political Rights. The Committee is
concerned at the occurrence of suicides and self-inflicted injuries of children in detention,
notably in the province of Buenos Aires. Moreover, the Committee, while noting the 2005
Supreme Court decision overturning a life sentence of an adolescent, is deeply concerned
that, of the 12 children given life sentences during the period 1997 to 2002, three still face
life imprisonment, and notes that their cases have been brought to the attention of the InterAmerican Commission on Human Rights.
39. The Committee urges the State party to take effective measures to prevent child
suicides in detention. It should furthermore carry out an extensive study on the causes
of self-inflicted injuries and suicides. While welcoming the fact that no life sentences
have been handed down since 2002, the Committee urges the State party to refrain
from sentencing children to life imprisonment or to terms that may amount to life
imprisonment.
3. Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37(a) of the
Convention)
Birth registration
40. The Committee welcomes the new legislation that guarantees free, universal and
ex officio birth registration. However, it expresses concern at the insufficient
implementation at the provincial level, which leaves many children without adequate access
to birth registration. The Committee is further concerned that children who are born outside
of health-care facilities, including indigenous children or children from disadvantaged
families, such as those living in remote areas or in social exclusion, do not have access to
birth registration.
41. The Committee recommends that the State party continue to take all necessary
measures, including retroactively, to ensure the access by all children, including
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