CRC/C/15/Add.93
page 4
17.
With regard to the implementation of article 1 and related articles of
the Convention regarding the definition of the child, the Committee is
concerned about the disparities existing in domestic legislation. The
Committee is also concerned at the use of the biological criterion of puberty
to set different ages of maturity for boys and girls. This practice is
contrary to the principles and provisions of the Convention and constitutes a
form of gender-based discrimination which affects the enjoyment of all rights.
The Committee recommends that the State party review its domestic legislation
to ensure full conformity with the principles and provisions of the
Convention.
18.
While acknowledging the measures taken by the State party, the Committee
is still concerned at the predominance of discrimination on the basis of
ethnic origin, gender, social status and disabilities. The Committee
expresses its concern at the increasing disparities between rural and urban
areas, as well as at the growing number of the population living in urban poor
and marginalized areas. In the light of the general principle of
non-discrimination (art. 2 of the Convention), the Committee recommends that
the State party continue taking all available measures to reduce economic and
social disparities, including those between rural and urban areas. Measures
to prevent discrimination against the most disadvantaged groups of children,
including children belonging to indigenous communities, Afro-Ecuadorian
children, girl children, children with disabilities, children born out of
wedlock, children in institutional care, and children living and/or working on
the streets should be reinforced.
19.
The Committee is concerned that the general principles of the best
interests of the child (art. 3) and respect for the views of the child
(art. 12) are not fully applied and duly integrated into the policies and
programmes of the State party. The Committee recommends that further efforts
be made to ensure that domestic laws take fully into account the principles of
the best interests of the child and respect for the views of the child, and
his or her right to participate in the family, at school, in other
institutions and in society in general. These principles should also be
reflected in all policies, administrative decisions and programmes relating to
children.
20.
While the Committee takes note of the measures taken by the State party
in the area of birth registration, it remains concerned at the lack of
awareness and understanding on registration procedures, especially in rural
areas. In the light of article 7 of the Convention, the Committee recommends
that the State party continue with its efforts to ensure the registration of
all children immediately after birth. Furthermore, the Committee encourages
the State party to ensure, in cooperation with non-governmental organizations
and with the support of intergovernmental organizations, that birth
registration procedures are widely known and understood by the population at
large.
21.
The Committee is deeply concerned at the information provided in the
State party's report that “child abuse is a culturally accepted and justified
practice”. In this regard, it expresses its concern at the insufficient
awareness regarding the harmful consequences of ill-treatment and abuse,
including sexual abuse, both within and outside the family. Concern is also