CRC/C/BOL/CO/4
page 8
Best interests of the child
30.
The Committee notes with appreciation that the principle of the best interests of the child
is incorporated in the State party’s legislation, notably in article 60 of the new Constitution.
However, the Committee is concerned that children are not fully treated as subjects of rights and
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. The Committee is further
concerned that this principle is not adequately implemented by all professionals, including the
judiciary.
31.
The Committee recommends that the State party take all appropriate measures to
ensure that children are treated as subjects of rights and 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 for the views of the child
32.
The Committee notes that the principle of the respect for the views of the child is
incorporated in the State party’s legislation and that the Children’s Plurinational Legislative
Assembly is an interesting process of democratic elections by children themselves. The
Committee, however, is concerned that the views of the child are sometimes not duly solicited or
taken into account in various settings affecting the child, including in judicial proceedings, in
matters concerning school administration and classroom education, and in public debates. The
Committee is also concerned that the participation of children is weak, especially at the
departmental and municipal levels.
33.
The Committee reiterates its previous recommendations that, in accordance with
article 12 of the Convention, the State party incorporate, facilitate and implement, in
practice, within the family, schools, and the community as well as in institutions and in
administrative and judicial proceedings, the principle of respect for the views of the child.
It also recommends the support of the State party to every form of national and
decentralized initiatives for participation. Furthermore, the Committee draws the attention
of the State party to the Committee’s general comment No. 12 (2009) on the right of the
child to be heard. .
4. Civil rights and freedoms
(arts. 7, 8, 13-17 and 37(a) of the Convention)
Birth registration
34.
The Committee welcomes that article 97 of the Child Code establishes that all children
should be inscribed in the civil register, and that the first birth certificate is free. The Committee
is however concerned that not all children are registered, especially those in rural areas and from
indigenous communities.