CRC/C/ALB/CO/2-4
Right to life, survival and development
31.
The Committee is deeply concerned about the persistence of “blood feuds” resulting
from the application of customary law known as “Kanun” and, in particular, the killing of
children and the confinement of a large number of children for fear of being killed,
especially in the northern areas of the State party. In that regard, the Committee expresses
deep concern that in May 2012, a 14-year-old girl was killed in a “blood feud”.
32.
The Committee urges the State party to take vigorous measures to end “blood
feuds” and the self-isolation of families and children, and in particular to conduct
outreach to those families and facilitate more effective forms of reconciliation by
community leaders of stature, as recommended by the Special Rapporteur on
extrajudicial, summary or arbitrary executions (A/HRC/17/28/Add.3, para. 70, 2011).
Furthermore, the Committee urges the State party to take all necessary measures in
order to investigate cases of blood feuds and ensure proper prosecution of
perpetrators.
Respect for the views of the child
33.
The Committee welcomes the creation of Youth Parliaments in twelve prefectures
and the National Youth Strategy 2007–2013, which have led to a strengthening of the role
played by children in certain decision-making processes, mostly at municipal level. The
Committee is however concerned that the overall participation in these parliaments remains
limited to certain categories of children and generally excludes minority children, children
from rural areas and children with disabilities. The Committee is also concerned that:
(a)
The right to be heard is not recognized for children in administrative
procedures affecting them and can only be exercised in criminal proceedings through
children’s legal representatives;
(b)
Although article 6 of the Family Code provides for the right of the child to be
heard in all proceedings, this right is in fact rarely respected; and
(c)
Certain traditional and cultural attitudes might limit the full implementation
of article 12 of the Convention and that children generally feel that their views are not taken
into account in schools in alternative care institutions and at home.
34.
In light of its general comment No. 12 (CRC/C/GC/12, 2009), the Committee
urges the State party to:
(a)
Amend its legislation in order to ensure that the right of the child to be
heard applies to any judicial, including civil and penal matters, and in administrative
proceedings affecting them and that due weight is given to those views in accordance
with the age and maturity of the child;
(b)
Strengthen efforts to ensure that children have the right to express their
views freely in all matters affecting them and have those views given due weight in
schools and other educational institutions, as well as in the family, and reduce the
disparities in the opportunities for the participation of students from different
backgrounds and various regions; and
(c)
Actively combat attitudes which impede the full realization of the child’s
right to be heard through public education programmes and campaigns, involving
opinion leaders and the media, and pay special attention to the particularly
disadvantaged situation of minority children, children living in rural areas and
children with disabilities.
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