CRC/C/ROM/CO/4
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(a) Strengthening its awareness-raising and other preventive activities against
discrimination and, if necessary, taking affirmative actions for the benefit of certain
vulnerable groups of children;
(b) Taking all necessary measures to ensure that cases of discrimination against
children in all sectors of society are addressed effectively, including with administrative,
disciplinary and penal sanctions.
25.
The Committee would also like to draw the attention of the State party to the
Declaration and Programme of Action adopted at the 2001 World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the
Outcome document adopted at the 2009 Durban Review Conference, and the Committee’s
general comment No.1 (2001) on the aims of education.
26.
The Committee is concerned that while, persons can be identified as belonging to a
minority group only through self-reporting, abandoned or very young children who are not able
to identify themselves are often identified as Roma by social workers and others, resulting in
discriminatory practices, including segregation.
27.
The Committee further recommends that the State party respect the children’s
right to an identity and clarify the procedures for identification of children, including in
cases where their identity is in doubt or cannot be completely or partially established, and
prohibit discrimination and segregation based on declared and estimated ethnicity.
Best interests of the child
28.
The Committee notes with appreciation that the principle of the best interests of the child
is incorporated in the legislation of the State party, notably in article 2(1) of Law 272/2004 on
the protection and promotion of children’s rights, as well as in article 8 of Law 122/2006 on
asylum. However the Committee regrets that the principle of the best interests of the child is still
not reflected as a primary consideration in all legislative and policy matters affecting children,
especially in the area of juvenile justice, and that it is not well understood by the judiciary.
29.
The Committee recommends that the State party take all appropriate measures to
ensure that the principle of the best interests of the child, in accordance with article 3 of the
Convention, is adequately integrated in all legal provisions and implemented in practice in
judicial and administrative decisions and in programmes, projects, and services which have
an impact on children.
Right to life, survival and development
30.
The Committee, while noting that some progress has been achieved, remains concerned
that the State party continues to range among the countries with the highest child mortality in
Europe, as both infant and under-5 mortality remain high, particularly in rural areas. The
Committee is further concerned at the low birth weight as compared to other European countries,
indicating malnutrition and anaemia among children. The Committee notes that infant and child
mortality and morbidity have been traced to deficiencies in mother and child nutrition, early
weaning, parental neglect and low quality of medical services.