CRC/C/ECU/CO/4
Protection of witnesses and victims of crimes
80.
While noting the existence of a victim and witness protection programme and that
the Code on Children and Adolescents establishes administrative and judicial measures to
ensure that rights are protected and restored, the Committee is concerned about the
inadequate recovery and reintegration services provided to child victims, especially those of
sexual exploitation.
81.
The Committee recommends that the State party incorporate a child rights
focus in justice and law enforcement institutions and increase budgetary allocations
for the administration of justice. It also recommends that the State party ensure,
through adequate legal provisions, procedures, and regulations, that all child victims
and or witnesses of crimes, e.g. children victims of abuse, domestic violence, sexual
and economic exploitation, abduction, and trafficking, as well as witnesses of such
crimes have effective access to justice and be provided with the protection required by
the Convention, taking fully into account the United Nations Guidelines on Justice in
Matters involving Child Victims and Witnesses of Crime (annexed to Economic and
Social Council resolution 2005/20).
Children belonging to indigenous groups
82.
The Committee welcomes the constitutional definition of Ecuador as a plurinational
and intercultural State, as well as the participatory process and framework of understanding
that has produced the Agreement between the State and Indigenous Peoples and
Nationalities for Children and the Plan for Good Living from the Beginning of Life, which
encompasses the Minimum Agenda for Indigenous Children of Ecuador. It also welcomes
current efforts to define and implement local goals for protection and promotion of
indigenous children’s rights in 54 cantons, and the sustained advances in intercultural and
bilingual education. Nevertheless, the Committee remains concerned at the low budgetary
allocation per capita to the educational system in provinces with majority indigenous
population, and the lack of information on its evaluation. Likewise, it notes with concern
the barriers for adolescents in having access to culturally and gender-sensitive sexual and
reproductive health information and education.
83.
The Committee recommends that the State party take all necessary measures to
protect the rights of indigenous children, respect their culture and guarantee their
enjoyment of the rights enshrined in the national constitution, domestic law and the
Convention. In this regard, the Committee refers the State party to its general
comment no. 11 (2009) on indigenous children and their rights under the Convention.
The Committee also recommends that the State party implements the Minimum
Agenda for Indigenous Children in Ecuador, fully respecting its nature and the
participatory process from which it originated, trains indigenous and local leaders
and related public services staff accordingly and provides adequate resources,
ensuring that monitoring and evaluation mechanisms are put in place. The Committee
encourages the State party to continue to strengthen intercultural and bilingual
education, paying due attention to the culture of indigenous children in accordance
with article 30 of the Convention.
9.
Ratification of international human rights instruments
84.
The Committee recommends that the State party ratify the core United Nations
human rights instruments to which it is not yet a party, namely the Optional Protocol
to the Covenant on Economic, Social and Cultural Rights and the Optional Protocol to
the Convention against Torture.
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