CRC/C/GTM/CO/3-4
of rights, and that the participation of children is low in the decision-making process in
family and community life and in the development and evaluation of policies and
programmes targeted at children.
50. The Committee reiterates its recommendation that the State party take
appropriate measures to promote, facilitate and implement in practice, within the
family, in schools, at the community level and in residential care as well as in judicial
and administrative procedures that concern children, the principle of respect for the
views of children in all matters affecting them. The Committee further recommends
that the State party assure the participation of children in schools and public events
and other relevant activities. The State party should also take into account in this
respect the recommendations adopted by the Committee in its general comment No.
12 (2009) on the right of the child to be heard.
4.
Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37 (a) of the
Convention)
Birth registration
51.
While noting the State party’s efforts to improve its birth registration system, the
Committee remains concerned at the high rate of under-registration, especially in rural and
remote areas, due to the financial cost of birth registration and to lack of awareness of the
importance of birth registration. The Committee notes with regret that a cultural dimension
aimed at encouraging registration of indigenous children has not been included in the birth
registration procedure.
52. The Committee recommends that the State party increase its efforts to ensure
access of all children to free birth registration, and that it take steps to identify all
children who have not been registered or obtained an identity document. The
Committee also encourages the State party to adopt flexible measures of birth
registration, including mobile units to reach all children. The Committee further
recommends that the State party implement a specific birth registration strategy
for indigenous peoples based on respect for their culture and taking into account the
Committee’s general comment No. 11 (2009) on indigenous children and their rights
under the Convention.
Torture or other cruel, inhuman or degrading treatment or punishment
53.
While noting that Article 53 of the PINA Law prohibits corporal punishment, the
Committee remains concerned that corporal punishment continues to be practised in the
home and in alternative care settings, and that there is no explicit prohibition of corporal
punishment in schools. It is also concerned at the social acceptance of corporal punishment
as a normal form of discipline.
54. The Committee recommends that the State party amend article 13 of the PINA
Law and article 253 of the Civil Code, and specifically prohibit corporal punishment
and other forms of cruel punishment of children in all settings. It further recommends
that the State party develop and implement information and awareness-raising
campaigns among the population, in order to change the notion of disciplining
through violence and the practice of violence present in many families. It further
recommends the creation of an effective abuse detection system in the educational,
health and alternative care systems, with appropriate instruments and resources in
order to provide assistance to children and training for the staff of the relevant
institutions. The Committee brings to the State party’s attention its general comment
9