CRC/C/ARG/CO/3-4 The State party should further ensure that the study by the Ombudsperson is followed up on and extended. 2. General principles (arts. 2, 3, 6 and 12 of the Convention) Non-discrimination 31. The Committee notes Decree No. 1086/2005 establishing a national plan against discrimination. While welcoming the efforts of the State party to attend to the needs of disadvantaged children, as well as to establish programmes to promote bilingual and intercultural education for indigenous children and health programmes focusing on the needs of indigenous children, the Committee is nevertheless concerned at persistent reports of discrimination, social exclusion and physical, sexual and psychological abuse of indigenous children, who represent about 3 to 5 per cent of the total population in the country. The Committee notes with concern that disparities affecting the north-eastern and north-western provinces may lead to discrimination; for example, the risk of children dying in their first year of life is 60 per cent higher in those provinces than in the rest of the country, and the illiteracy rate, almost zero elsewhere in the country, is 11 per cent in that area. The Committee is further concerned at the stigmatization and discrimination faced by adolescents living in poverty in urban centres or in street situations in the country and by children from a migrant background. 32. The Committee urges the State party to increase its efforts: (a) To fight against discrimination, social exclusion, and physical, sexual and psychological abuse of groups of children in vulnerable situations, in particular indigenous children; (b) To fight against the stigmatization and discrimination faced by adolescents living in poverty in urban areas or in street situations and by children from a migrant background. 33. The Committee further 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 Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No.1 (2001) on the aims of education. Best interests of the child 34. The Committee notes with concern that the principle of the best interests of the child may be used to evaluate if a child should be deprived of his/her liberty for reasons of protection under Act No. 22278 of 1980 on Juvenile Justice, which has not yet been reformed to conform to the Convention. It is further concerned that this principle may not be taken into account in all decisions, administrative and judicial procedures and programmes concerning children. 35. While strongly urging the State party to reform the juvenile justice system to conform to the Convention, the Committee recommends that the State party continue and strengthen its efforts to ensure that the general principle of the best interests of the child is appropriately integrated in all legal provisions as well as in judicial and administrative decisions and in all policies, programmes and services that have an impact on children The Committee also urges the State party to refrain from using the principle of the best interests of the child when deciding on deprivation of liberty as a 7

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