CRC/C/GTM/CO/3-4
prostitution and child pornography (CRC/C/OPSC/GTM/CO/1) have been addressed, but
regrets that others have been insufficiently or only partly considered.
12.
The Committee urges the State party to take all necessary measures to address
those recommendations from its previous concluding observations that have not yet
been sufficiently implemented, including: (a) the weak implementation of the
Comprehensive Protection System (Sistema de Protección Integral), its institutional
structure, coordination, planning, data collection and budget; (b) the high levels of
child malnutrition in the country; (c) the development of comprehensive strategies for
eliminating all forms of discrimination, including in the health sector; (d) reduction of
poverty among children and increase of expenditures on children, in particular those
belonging to the most marginalized groups; (e) deinstitutionalization of children in
alternative care; (f) reform of the law and practices regarding the juvenile justice
system; (g) improvement of the birth registration system, particularly in rural areas.
Legislation
13.
The Committee notes the State party’s efforts to bring its legislation in line with the
Convention and its two Optional Protocols, including the Act on Sexual Violence,
Exploitation and Trafficking in Persons. However, it regrets the insufficient application of
the laws that are in place.
14. The Committee recommends that the State party take the necessary steps,
including financial and structural, to effectively implement the PINA Law and recent
laws approved in accordance with the Policy and Plan of Action on Children and
Adolescents.
15. The Committee notes with satisfaction the measures taken by the State party to fight
against impunity, in particular the cooperation agreement with CICIG, which conducts
investigations and has made recommendations on fighting impunity in relation to cases of
violation of children’s rights. However, the Committee regrets that the lack of criminal
investigations is one of the main shortcomings of the justice system and that there are four
bills on this matter before the Congress of the Republic, none of which has to date been
adopted.
16. The Committee recommends that the State party continue its commitment to
the fight against impunity, adopt the necessary laws for its realization and ensure that
children benefit from the measures preventing impunity for serious offences
committed against them.
Coordination
17. The Committee notes with concern the lack of adequate implementation of the
Comprehensive Protection System (Sistema de Protección Integral) established by the
PINA Law. It regrets the lack of effective horizontal and vertical coordination among the
State party´s institutions. The Committee also notes that the Social Welfare Secretariat
(Secretaría de Bienestar Social) appears to have taken up the coordination of the
comprehensive protection system. However, it regrets the overlap of its primary function of
implementation of child protection programmes with that of coordination.
18. The Committee recommends that the State party consider creating a high-level
authority as a secretariat for children and adolescents at the ministerial level to
coordinate the implementation of the Convention and its two Protocols. The
Committee brings to the State party’s attention its general comment No. 5 on general
measures of implementation, in which it reminds the States parties that
“effective implementation
of
the
Convention
requires
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