CRC/C/BOL/CO/4
page 3
8.
The Committee recommends that the steps taken towards legislative reforms should
be part of a comprehensive analysis of the legislative system in order to ensure that both
positive law and indigenous customary law meet the obligations under the Convention, in
particular regarding the Child Code, the regulations on marriage, corporal punishment,
alternative care and juvenile justice. The Committee also recommends that a clear division
of the different competencies be established between the judicial bodies and the indigenous
local authorities in civil, criminal and administrative matters, and that the State party
promote awareness of legislation, in particular among communities which continue to
apply customary laws.
Coordination
9.
The Committee notes the establishment of new institutions relevant to the rights of the
child, including the Vice-Ministry for Equality of Opportunities (Viceministerio de Igualdad de
Oportunidades), the Office for Childhood and Adolescence (Dirección de Niñez y Adolescencia),
the National Council for Childhood and Adolescence (Consejo Nacional de la Ninez y
Adolescencia), the Commissions for Childhood and Adolescence (Comisiones de la Ninez y
Adolescencia) and the Municipal Child Defence Offices (Defensorias Municipales de Niñez y
Adolescencia). However, it is concerned at the weakness of the institutions created, and that the
new strategy of decentralization poses a number of difficulties in the coordination between
national, departmental and municipal levels. Also, the Committee is concerned that the
institution in charge of coordination has lost status by moving from a Vice-Ministry to an Office,
and will not be able to achieve effective coordination at all levels and in the different sectors
given the low level of resources it is likely to obtain.
10.
The Committee recommends that the State party ensure a high level of authority
and adequate resources for the Office for Childhood and Adolescence in order for it to
carry out its functions of coordination across sectors, and in this regard draws attention to
its general comment No. 5 (2003) on general measures of implementation for the
Convention on the Rights of the Child. The Committee further recommends the
progressive setting up of Municipal Child Defence Offices, including in rural communities,
and that they be provided with adequate human, financial and technical resources. The
Committee also recommends strengthening the multisectoral institutions created at
different levels (the National Council and Commissions for Childhood and Adolescence)
with the purpose of collaborating in the elaboration of culturally sensitive policies, assisting
in monitoring their application and ensuring participation by all concerned, including
children.
National Plan of Action
11.
The Committee welcomes the new National Human Rights Action Plan (adopted in
2008) and the Plan for Economic and Social Development adopted after the new National
Constitution (2009) as well as the Plan for Eradication of Poverty and several sectoral plans
directed at childhood, but regrets that the draft National Plan of Action for Children has not yet
been approved, and that the draft text does not cover all the areas of the Convention or all
children up to the age of 18.