CRC/C/15/Add.170
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(e)
Take note of the Committee’s recommendations adopted at its 2000 and 2001
days of general discussion on children and violence (CRC/C/100, para. 688 and
CRC/C/111, paras. 701-745).
Child custody
52.
The Committee is concerned that upon the separation of some Muslim parents, custody
of children below a certain age is systematically awarded to mothers and custody of children
above a certain age is systematically awarded to fathers, without due regard for the best interests
and opinion of the child.
53.
The Committee recommends that in the context of child custody decisions the State
party ensure full respect for the Convention including, inter alia, the obligation to give due
consideration to the best interests and views of the child.
Alternative care
54.
The Committee is concerned that:
(a)
Alternative care provisions for children, such as foster and institutional care, are
inadequate, including as a result of inadequate funding and insufficient staffing;
(b)
There is a lack of systematic and effective coordination between welfare services
and the courts;
(c)
The “juvenile protection societies” are inadequately resourced to fulfil their
mandates effectively;
(d)
That children from some groups, such as Roma and illegal immigrants, receive
particularly limited protection of their rights in the context of alternative care mechanisms.
55.
The Committee recommends that the State party:
(a)
Continue to strengthen further its ongoing efforts to improve the protection
of children’s rights in the context of alternative care proceedings;
(b)
Strengthen the effectiveness of its efforts to prevent and reduce the recourse
to institutionalization for children in need of alternative care;
(c)
Strengthen collaboration and coordination between the various relevant
governmental and non-governmental bodies in the context of alternative care including, as
relevant, with the courts;
(d)
Ensure that children’s views are heard and taken into consideration in
alternative care decisions, in accordance with the principles and provisions of the
Convention.