CRC/C/PAN/CO/3-4
(a)
Undertake efforts, in collaboration with civil society, to eliminate social
discrimination and prejudice against Afro-Panamanian, indigenous children and
children with disabilities through, among others, legislative measures, awarenessraising programmes through the mass media, the social networks and the educational
system, as well as through in-service training for public officials, including the police
and security officers;
(b)
In particular, take all measures to combat the negative association of
Afro-Panamanian and other adolescents with crime, including negative stereotyping
based on age and ethnicity;
(c)
Adopt a comprehensive policy and plan of action to positively address
the rights of indigenous children, including investment in services and infrastructure
in indigenous territories and rural and deprived urban areas in order to improve the
socio-economic situation of indigenous people in general, taking into account the
Committee’s general comment No. 11 (2009) on indigenous children and their rights
under the Convention.
Best interests of the child
35.
The Committee takes note that articles 2 and 740 of the Family Code mandate the
judicial and administrative authorities to afford primacy to the best interests of the child.
Nonetheless, the Committee expresses its deep concern at the high number of substantial
norms regarding children that follow a guardianship or “children in irregular situation”
perspective, which implies that decisions taken based on such norms do not apply the
aforementioned principle. The Committee is concerned that the lack of a comprehensive
law on children’ rights leaves the question of applying this principle at the discretion of the
judge.
36.
The Committee urges the State party to change the current paradigm of
¨guardianship¨ for a paradigm of rights and children as rights-holders, as established
by the Convention of the Rights of the Child. The Committee recommends that the
comprehensive law on children’ rights, mentioned above in paragraphs 11 and 12 of
these concluding observations, embodies such paradigm shift and also establishes
principles and rules of interpretation in accordance with the Convention of the Rights
of the Child. The Committee urges the State party to ensure that the principle of the
best interests of the child is appropriately integrated and consistently applied in all
legislative, administrative and judicial proceedings as well as in all policies,
programmes and projects relevant to and with an impact on children, and that legal
reasoning of all judicial and administrative judgements and decisions also be based on
this principle.
Respect for the views of the child
37.
The Committee notes with concern that the views of children and adolescents are
not adequately taken into account in judicial and administrative decision-making processes
in matters that concern them.
38.
In light of its general comment No. 12 (2009) on the right of the child to be
heard, the Committee recommends that the State party:
(a)
Strengthen the opportunities for children and adolescents to freely
express their views in all matters affecting them;
(b)
Ensure that their views are taken into account in any judicial and
administrative decision affecting them; and
7