CRC/C/ECU/CO/4
adapting coverage by written media, and extending it to radio, television and digital
press.
Cooperation with civil society
28.
The Committee notes with satisfaction the involvement of civil society, including
non-governmental organizations (NGOs), in the preparation of the State party’s report.
While it notes with interest the Constitution’s idea of a fifth power of the State on
transparency and social control based on the people’s mandate, the Committee remains
concerned that due account may not be taken of civil society participation and the
contribution children and adolescents can make to put in place this State function.
29.
The Committee encourages the State party to continue to systematically involve
communities and civil society, as well as children and adolescents in all aspects of the
elaboration of laws and regulations, policies, plans and budgets, especially at local
level, and that relate to them directly or indirectly.
Child rights and the business sector
30.
The Committee notes with concern the recent lack of public agreement in the
country on the social and environmental standards to be placed on projects for the oil and
mineral sector. The Committee is concerned over the lack of clear guidelines and
regulations to enable the protection and respect by business corporations, both national and
international, of children’s rights.
31.
The Committee urges the State party to develop clear guidelines for the
business sector to protect and respect children’s rights as enshrined in the
Convention, the Code on Children and Adolescents and the Constitution. The
Committee recalls the 2008 Committee on the Elimination of Racial Discrimination
(CERD/C/ECU/CO/19, para. 16) recommendation in this respect to ensure that oil
companies conduct proper environmental and social assessments of impact in
consultation with local communities, including indigenous communities.
2.
Definition of the child (art. 1 of the Convention)
32.
The Committee notes the formal distinction made in the State party between a child
(under 12 years) and an adolescent (between the ages of 12 and 18 years). While noting the
proposed changes to the Civil Code, the Committee is deeply concerned at the continuation
of the legal minimum age for contracting marriage for girls at 12 years and for boys at 14
years.
33.
The Committee recommends that the State party set the minimum age for
marriage for girls and for boys at 18 years of age.
3.
General principles (arts. 2; 3; 6; and 12 of the Convention)
Non-discrimination
34.
The Committee welcomes the recognition in the new Constitution of the
plurinational and intercultural character of the State party. It however shares the concern of
the Committee on the Elimination of Racial Discrimination that a high proportion of
persons belonging to the indigenous peoples and Afro-Ecuadorian communities continue to
suffer in practice from racism and racial discrimination (CERD/C/ECU/CO/19, para. 8),
including children. It is further concerned at the clear manifestations of such discrimination,
such as the under-5 mortality rate of indigenous children, which is 50 per cent higher than
7