CRC/C/NIC/CO/4
2.
Definition of the child (art. 1 of the Convention)
34.
The Committee remains concerned that the State party establishes a low and unequal
minimum age for marriage (15 years for boys and 14 years for girls, with parental consent).
35.
The Committee reiterates its recommendation that the State party adopt the
draft Family Code, and ensure that the minimum age for marriage for girls and boys
is 18 years.
3.
General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
36.
The Committee welcomes the legislative action taken by the State party to guarantee
equal rights of people, especially those with disabilities, living with HIV/AIDS and
indigenous and Afro-descendants. It also welcomes the establishment of the Office of the
Special Ombudsperson for the Rights of Indigenous People and Ethnic Communities, and
its local office in the Caribbean Coast autonomous region, as well as the Office of the
Special Ombudsperson for Sexual Diversity. Notwithstanding, the Committee shares the
concerns of the Committee on the Elimination of Racial Discrimination
(CERD/C/NIC/CO/14, paragraph 12) and the Committee on the Elimination of
Discrimination against Women (CEDAW/C/NIC/CO/6, paragraph 31) respectively, that
indigenous peoples and peoples of African descent, as well as women, girls and children in
rural and remote areas continue to suffer de facto discrimination.
37.
The Committee urges the State party to strengthen efforts to combat racist and
gender-biased attitudes and behaviour, including against children and adolescents of
indigenous and Afro-descendant origins, from rural or remote areas and those who
have disabilities. It further recommends that the State party place high priority in the
public agenda on preventing and eradicating discrimination, inter alia, through the
media and education system. The Committee also draws the State Party’s attention to
the principles of the Declaration and Programme of Action adopted at the 2001 World
Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, as well as the outcome document adopted at the 2009 Durban Review
Conference.
Best interests of the child
38.
The Committee notes that, according to article 9 of the Children and Adolescents
Code, the best interests of the child should be taken into account as a fundamental principle.
However, the Committee is concerned that the principle of the best interests of the child is
not well understood in the family or by State judicial and administrative authorities, and
that it is not consistently applied in practice.
39.
The Committee recommends that the State party continue and strengthen its
efforts to ensure that the general principle of the best interests of the child is
appropriately integrated into all legal provisions, judicial and administrative
decisions, as well as programmes and projects that have an impact on children.
The right to life, survival and development
40.
The Committee welcomes the State party’s decision to participate in the Regional
Project on Child Development Indicators, conducted by the Inter-American Development
Bank, which intends to explore the extent and dimension of the problem of young children
in deteriorated social and economic environments, in particular in rural areas, and
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