CRC/C/NIC/CO/4
Children in migration situations
78.
The Committee notes with concern that migration for economic and employment
reasons has steadily increased in the State party, and that a high proportion (25 per cent)
corresponds to children, of which 17.3 per cent are adolescents aged 13 to 17, while women
account for 49 per cent of the total. The Committee also notes that the State party is
actively participating in regional agreements and seeking specific agreements and
programmes with recipient countries to protect migrants, including those who transit
through the territory. Nonetheless, the Committee is concerned that the State party lacks a
specific focus on children in migration situations, including migrant children, children who
emigrate with their families and children who are left behind by migrating parents.
79.
The Committee recommends that the State party:
(a)
Ensure that the draft General Migration and Aliens Law, currently at
the consultation stage in the National Assembly, deals specifically with the effects on
children of the different situations relating to migration, and take appropriate policy
and programme measures to prevent negative effects and protect children and
women;
(b)
Enter into bilateral and regional agreements focusing specifically on the
promotion and protection of the rights of children and women in migration
situations, including family reunification; and
(c)
Develop awareness-raising programmes and campaigns to educate the
public, parents and children about the effects of migration on children and the need
to guarantee their rights, and coordinate with civil society, religious, labour and
other organizations in order to monitor the situation of children and women.
Administration of juvenile justice
80.
The Committee welcomes the implementation of the Children and Adolescents Code
with regard to the specialized juvenile justice system, including the establishment of
specialized juvenile courts, the development of draft procedural manuals and protocols on
alternatives to privation of liberty, implementation and monitoring of sanctions, and
interdisciplinary teams for psychosocial care, which are pending approval. The Committee
remains concerned at the lack of special detention centres for children, which means that
children are detained with adults. It is deeply concerned at reports of abuse, mistreatment
and unsatisfactory material conditions in detention centres.
81.
The Committee urges the State party to ensure that juvenile justice standards
are fully implemented, in particular articles 37(b), 39 and 40 of the Convention, as
well as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules), United Nations Guidelines for the Prevention of
Juvenile Delinquency (Riyadh Guidelines) and United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (Havana Rules). The Committee
urges the State party to take into account the Committee’s general comment No. 10
(2007) on the Administration of Juvenile Justice (CRC/C/GC/10), and supports the
2009 recommendations of the Committee against Torture (CAT/C/NIC/CO/1,
paragraph 24) in this regard. In particular, the Committee urges the State party to:
(a)
Allocate sufficient resources to appropriately implement the Children
and Adolescents Code with regard to the specialized system of justice for children
and adolescents, throughout the territory;
(b)
Ensure the application of due process and non-custodial measures, and
prioritize training of justice professionals;
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