CRC/C/TJK/CO/2
girls. The Committee is particularly concerned about the high dropout rates of girls in rural
areas from schools due to negative traditional and religious attitudes on the roles of girls
and women in the society. The Committee is also concerned at discriminatory attitudes and
discrimination against children with disabilities, children in care institutions and children
living in rural areas.
27.
The Committee recommends that the State party take all necessary measures to
implement existing legislation and ensure that all children within its jurisdiction,
particularly girls, children with disabilities, children in care institutions, children
living in rural areas and other vulnerable groups of children, enjoy all the rights set
out in the Convention without discrimination, in accordance with article 2. The
Committee also recommends that the State party prioritize and target social services
for children belonging to the most vulnerable groups. The Committee encourages the
State party to launch comprehensive public education campaigns to prevent and
combat the negative traditional and religious attitudes, including gender
discrimination.
28.
The Committee requests that specific information be included in the next
periodic report on the measures and programmes relevant to the Convention
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, and at Durban Review
Conference in April 2009, also taking into account the Committee’s general comment
No. 1 (2001) on the aims of education.
Best interests of the child
29.
The Committee notes that the State Party has introduced the principle of the best
interests of the child in its legislation, in particular in the Family Code. However, it is
concerned that this principle is not yet sufficiently reflected in the legislation.
30.
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.
Respect of the views of the child
31.
While welcoming the fact that the Family Code imposes the obligation to hear the
view of the child, in particular in divorce cases, the Committee is concerned that the right to
be heard in all judicial and administrative proceedings is insufficiently implemented, and
that the respect for the views of the child in schools, care institutions and especially within
the family remains limited due to traditional societal attitudes towards children.
32.
The Committee recommends that the State party continue and strengthen
efforts to implement article 12 of the Convention and promote respect for the views of
the child in all settings, including by:
(a)
Taking all necessary means to strengthen the implementation of
measures aimed at ensuring children’ rights to be heard at any proceeding which
may impact on their rights, particularly in actions taken by social welfare institutions,
courts of law and administrative authorities, including at the local level,
(b)
Seeking to develop a systematic approach and policy, in consultation
with community and religious leaders, the NGOs, the professionals working with
children, including teachers and social workers, and children themselves, to increase
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