CRC/C/PRY/CO/3
Discrimination, Xenophobia and Related Intolerance, as well as the outcome
document adopted at the 2009 Durban Review Conference.
Best interests of the child
27.
The Committee welcomes the State party’s efforts made to advance the principle of
the best interests of the child, such as the inclusion of this principle in the Code on Children
and Young Persons. Nevertheless, it is concerned that the principle is not sufficiently
implemented, since it is not transformed into practice and those who are responsible for the
determination of a best interest of the child are not adequately trained.
28.
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 operational in all legal provisions, as well as in judicial and
administrative decisions and projects, programmes and services that have an impact
on children.
Right to life
29.
The Committee is highly concerned at the allegations received concerning cases of
torture and arbitrary detentions committed against children during the dictatorship that have
not been resolved yet, as contained in the report of the Truth and Justice Commission which
came out in 2008.
30.
The Committee urges the State party to make every effort to reinforce
protection of the right to life of all children within the State party. It also recommends
that the State party effectively carry out investigations on alleged cases of torture and
arbitrary detentions committed against children and bring perpetrators to justice, as
well as provide information in its next periodic report on all the investigations carried
out on allegations of torture and arbitrary detentions committed against children
during the dictatorship.
Respect for the views of the child
31.
The Committee notes with appreciation the efforts made by the State party to
promote and respect children’s right to freely express their views, in particular the creation
of the National Platform for Children and Adolescents (Plataforma Nacional de niñas,
niños y adolescentes). Nevertheless, the Committee is concerned that the views of the child
are not always duly solicited or taken into account in various settings affecting the child,
including in judicial proceedings, matters concerning school administration and classroom
education, and public debates.
32.
In the light of article 12 of the Convention, the Committee recommends that the
State party undertake all necessary efforts to strengthen the implementation of
measures aimed at ensuring children’s right to be heard in school, at home and during
any judicial and administrative proceedings that may impact on their rights, as well as
in the public sphere at the national, departmental and municipal levels. It also
recommends that the State party take into account the Committee’s general comment
No. 12 adopted in 2009 on the right of the child to be heard.
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