CRC/C/15/Add.58
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12.
The Committee is equally concerned about the lack of measures to
harmonize national legislation with the principles and provisions of the
Convention. It is especially concerned that the Minors Code currently in
force in Guatemala contains provisions which are incompatible with the
Convention and does not address all the rights recognized by the Convention.
13.
The Committee is deeply concerned about the insufficient efforts to
collect disaggregated statistical data and to identify appropriate qualitative
and quantitative indicators on the situation of children, particularly those
belonging to the most disadvantaged groups, including those living and working
in the street, victim of abuse, neglect or ill-treatment and internally
displaced children.
14.
The Committee is of the view that insufficient measures have been adopted
to promote widespread awareness of the principles and provisions of the
Convention to adults and children alike, particularly to those belonging to
indigenous populations, in the light of article 42 of the Convention. The
failure to provide sufficient activities to train and educate professionals
working with or for children about the Convention is to be regretted.
15.
The Committee is concerned about lacunae identified in national
legislation. In this connection, the failure to provide for an age for
the completion of compulsory education as required by the Constitution
of Guatemala as well as by article 2 of ILO Convention No. 138 is a matter
of considerable concern to the Committee. Equally, the Committee is
deeply concerned that national legislation does not prohibit capital
punishment or life imprisonment without the possibility of release, as
required by the provisions of article 37 (a) of the Convention. Moreover, the
absence in national legislation of a minimum age for criminal responsibility
causes deep concern to the Committee. Similarly, the low age of marriage for
girls, which is different from the one for boys, is, in the Committee’s view,
also incompatible with the principles and provisions of the Convention.
16.
In view of the historical disparities affecting indigenous children and
children belonging to groups living below the poverty line, as well as girls,
the Committee is concerned about the adequacy of measures to ensure the
effective implementation of the economic, social and cultural rights of
children at the national, regional and local levels, in the light of
articles 2, 3 and 4 of the Convention.
17.
The Committee is concerned at the insufficient support given to families
facing severe problems in fulfilling their responsibilities as regards the
upbringing of their children. The Committee shares the concern expressed by
the representative of the State party at the widespread severe malnutrition
and at the inadequacies of data and statistics monitoring nutrition.
18.
Particular concern is expressed at the inadequate measures taken to
ensure the effective implementation of the general principles of the
Convention on the Rights of the Child both in legislation and in practice.