CRC/C/GTM/CO/3-4
85. The Committee reiterates its recommendation (CRC/C/OPAC/GTM/CO/1,
para. 7) that the State party, inter alia:
(a)
Explicitly prohibit by law the recruitment of children under the age of 18
years into armed forces and armed groups and their direct participation in hostilities;
(b)
Explicitly criminalize, by reform of the Penal Code, violations of the
provisions of the Optional Protocol on children in armed conflict regarding the
recruitment and involvement of children in hostilities;
(c)
Establish extraterritorial jurisdiction for these crimes when they are
committed by or against a person who is a citizen of or has other links with the State
party.
86. The Committee is concerned at the lack of adequate measures taken by the State
party to fully comply with the reparations judgments of the Inter-American Court of Human
Rights in cases relating to child victims, such as the Marco Antonio Molina-Theissen case
of 3 July 2004 and the Villagrán Morales and others case of 26 May 2001.
87. The Committee recommends that the State party fully comply with the above
judgements. It further recommends that it implement the Early Warning System
Law (2010) and that a DNA database be set up to facilitate research for forcibly
disappeared children, in particular those who disappeared during the internal armed
conflict.
Economic exploitation including child labour
88.
While taking note of the State party efforts to address the economic exploitation of
children, the Committee remains concerned that the global financial crisis has had a
negative impact on children in the State party, and families have sought new survival
strategies such as the involvement of children in hazardous work and/or migration and
trafficking for labour exploitation purposes. It also reiterates its concern about the disparity
between the legal minimum age for admission to employment (14 years) and the age for the
end of compulsory education (15 years).
89. The Committee recommends that elimination of child labour should be a
priority on the social and poverty eradication agenda and be addressed in the national
budget due to the high incidence and seriousness of the problem in the State party. A
comprehensive and holistic approach, with universal coverage in line with
international standards should be adopted with a view to its progressive eradication.
It further recommends that the State party redefine the minimum age for admission
to employment so that it corresponds to the age at which compulsory education ends.
Children in street situations
90.
The Committee welcomes development of a national plan of action for children in
street situations. It is however concerned at the large number of children in street situations,
many of whom have left their families as a result of domestic violence, frequently
combined with sexual abuse.
91.
The Committee recommends that the State party:
(a)
Increase its efforts to take preventive measures to prevent children from
living and working in the street, with a strong emphasis on education, and on
preventive strategies at local and community level;
15