CRC/C/NIC/CO/4
(b)
Further prioritize family-type care settings, including foster families,
over institutionalized placement by, inter alia, raising public awareness about the
negative impact of institutionalization on the child’s development;
(c)
properly;
Provide MIFAN with the necessary resources to exercise its functions
(d)
Ensure a comprehensive periodic review mechanism of children placed
in alternative care, in light of article 25 of the Convention and the Guidelines for the
Alternative Care of Children, adopted by the General Assembly (A/RES/64/142); and
(e)
Expand and equip children’s facilities to file complaints about
maltreatment in institutions and enforce prosecution of offences.
Adoption
56.
While noting the 2007 reform of the Adoption Law giving preference to domestic
adoptions, the Committee is concerned that children who may be declared adoptable are left
in institutions for long periods.
57.
The Committee recommends that the State party establish rules, time frames
and monitoring mechanisms, and allocate resources to streamline adoption
procedures, ensuring the best interests of the child. It also recommends that the
transition period be as short as possible and that during that time, children be cared
for preferably in well prepared foster families, not institutions or prospective adoptive
parents. The Committee also recommends that the State party ratify the Hague
Convention No. 33 of 29 May 1993 on Protection of Children and Co-operation in
Respect of Intercountry Adoption.
Abuse and neglect
58.
The Committee is deeply concerned at the high level of child abuse and neglect,
including sexual abuse, and domestic and gender-based violence in the State party, as
reported to the Police Stations for Women, Children and Adolescents (Comisarías de la
Mujer, Niños y Adolescentes). It is particularly concerned at the high number of girls who
are raped and sexually abused by family members, and that the Penal Code has eliminated
the possibility of abortion, including for pregnant children victims of rape and incest. While
welcoming the definition of sexual abuse in the Penal Code and the procedures established
to protect child victims and prosecute parents or guardians who abuse their children, the
Committee notes with concern reports that the system is not yet in place and that mediation
is being used in cases of physical and sexual abuse.
59.
The Committee strongly recommends that the State party take measures to
prevent domestic and gender-based violence and child abuse and build the capacities
of professionals and staff working in health and welfare services, schools and the
judiciary to ensure early detection, protection of victims and appropriate prosecution
of perpetrators, including:
(a)
Continue and strengthen public-awareness programmes and campaigns
and provide information, parental guidance and counselling with a view to preventing
child abuse, with special attention to sexual abuse;
(b)
Repeal the articles of the Penal Code that criminalize abortion and
ensure that girls are not subject to criminal sanctions for seeking or obtaining an
abortion under any circumstances;
11