CRC/C/GTM/CO/3-4
42. The Committee requests that specific information be included in the next periodic
report on the measures and programmes relevant to the Convention undertaken by the State
party to follow up on the Durban Declaration and Programme of Action, adopted at the
2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance and the 2009 Durban Review Conference, taking into account the Committee’s
general comment No. 1 (2001) on the aims of education (art. 29 (1) of the Convention).
Best interests of the child
43. The Committee notes that the principle of the best interests of the child has been
incorporated in the State party’s Constitution, the PINA Law, and in the comprehensive
public policy for children and its plan of action adopted several years ago. However, this
principle is still not sufficiently well known, understood or correctly applied in legislative,
administrative, economic, social, cultural and judicial decisions of the State party, which
has a negative impact on children. The Committee welcomes the fact that municipalities
have incorporated this principle in municipal public policies, but is concerned that the best
interests of the child are not taken into account in practice, in decision-making related to
development plans or the budgets at national, regional and municipal level. The Committee
regrets that it has not received information on the evaluation of the application of this
principle.
44.
The Committee recommends that the State party undertake efforts to
disseminate the principle of the best interests of the child in order to make it known to
children, their parents and teachers, as well as the authorities, and establish specific
training for and monitoring of its application.
Right to life and survival
45. The Committee is concerned at the extremely high number of killings of children
(510 out of 6,498 violent deaths in 2009), and at the lack of effective measures taken by the
authorities in this regard. The Committee regrets that these crimes often remain
unpunished.
46.
In light of article 6 of the Convention, the Committee recommends that the
State party set up a comprehensive policy to prevent killings of children, carry out a
thorough investigation of all cases, and prosecute and adequately punish those
responsible.
47.
The Committee is concerned at the extremely high level of chronic and persistent
malnutrition in the State party, which undermines the right to life and survival of children,
particularly among the rural and indigenous population.
48. The Committee recommends that the State party pay special attention to
chronic malnutrition, especially in very young children; and continue and strengthen
coordinated intersectoral policies and programmes, particularly among the rural and
indigenous population.
Respect for the views of the child
49. The Committee notes with interest that the right to be heard is incorporated in the
legislation of the State party. However, it regrets the lack of information about the
implementation of this principle. The Committee is concerned that the views of the child
are not duly solicited or taken into account in all settings affecting the child, including in
judicial proceedings, in matters concerning school administration, alternative care and
classroom education, and in public debates. The Committee is also concerned that the
majority of parents, authorities and institutions appear not to consider children as subjects
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