CRC/C/ALB/CO/2-4
children up to the age of 18 years of age receive the protection they need, as provided
for in the Convention. In that regard, the Committee urges the State party to modify
articles 100 and 101 of its Criminal Code. The Committee also urges the State party to
take urgent measures to ensure that children above 15 years who are deprived of a
family environment fully enjoy their rights under the Convention and are provided
with necessary care, protection, housing and support, including financial support.
C.
General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
27.
While welcoming the enactment of Law No. 10221 of 4 February 2010 on the
Protection against Discrimination and the appointment of the Commissioner for the
Protection against Discrimination in May 2010 and other efforts undertaken to counter
discrimination, especially against minorities in the State party, the Committee is concerned
that, inter alia, girls, children belonging to minority groups, particularly Roma, children
living in rural areas and children with disabilities continue to be the victims of serious
discrimination, in particular in their access to education, social protection, health and
adequate housing.
28.
The Committee urges the State party to ensure that its programmes address as
a matter of priority the situation of discrimination against girls, children belonging to
minority groups, children living in rural areas and children with disabilities. The
Committee further urges the State party to include information in its next periodic
report on measures and programmes relevant to the Convention and, in particular,
the situation of Roma children undertaken by the State party in follow-up to 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
29.
While noting the full incorporation of the best interest principles in the Family Code,
the Committee expresses concern that major pieces of legislation, namely the Penal Code,
the Code of Penal Procedure and the Code of Administrative Procedures do not uphold the
best interests principle. The Committee is also concerned about disregard of the best
interests of the child in adoption procedures and in dealing with children in conflict with the
law.
30.
The Committee urges the State party to:
(a)
Strengthen its efforts in order to ensure that the principle of the best
interests of the child is appropriately integrated and consistently applied in all
legislative, administrative and judicial proceedings as well as in all policies,
programmes and projects relevant to and with an impact on children;
(b)
Provide judges with clear instructions on the application of the best
interests principle in adoption procedures and ensure that decisions are effectively
taken in a timely manner so that children do no longer remain for long periods of time
in institutions; and
(c)
Develop procedures and criteria to provide guidance for determining the
best interests of the child in every area, and disseminate them to the public and
private social welfare institutions, courts of law, administrative authorities and
legislative bodies. The legal reasoning of all judicial and administrative judgments and
decisions should also be based on this principle.
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