CRC/C/DZA/CO/3-4
implementation of judicial decisions made with regard to custody and visiting rights.
It further recommends that the State party strengthen dialogue and consultation with
relevant countries, notably those with which the State party has signed an agreement,
regarding custody or visitation rights. The Committee also urges the State party to
ratify the Hague Convention on Civil Aspects of International Child Abduction of
1980.
Adoption/Kafala
52.
The Committee notes that there is no system of adoption in the State party and that
the State party has a Kafala system in place. The Committee notes as positive the legal
provisions regulating the Kafala which enable children in Kafala to acquire the family name
of their legal guardian. The Committee is however concerned that the legal situation of
children in Kafala remains precarious. In particular, the Committee notes with concern that:
(a)
An internal circular of the Ministry of Interior reportedly requests the civil
registration officials not to register the child in Kafala (Makfoul) on the family record book
(livret de famille);
(b)
In case of divorce, the child in Kafala automatically stays with the Kafil and
has no right to live with his/her mother;
(c)
When the legal guardian (Kafil) dies, the Makfoul (child placed in Kafala) is
considered as part of the heritage, and therefore, the legal heirs can decide whether or not to
keep him or her in the family, a situation which places them at risk of being reinstitutionalized.
53.
The Committee expresses concern at reported cases of illegal adoption and illegal
placement in Kafala of children born out of wedlock.
54.
The Committee urges the State party to amend its legislation regulating the
Kafala system in order to bring it into full compliance with the Convention and in
particular to repeal the Ministerial Circular preventing the Makfoul from being
registered in the family record book. The State party should ensure that children in
Kafala have the possibility to stay with their mothers in case of divorce. The
Committee further urges the State party to take all necessary measures to prevent and
punish cases of illegal adoption and placement in Kafala of children born out of
wedlock.
E.
Basic health and welfare (arts. 6, 18, para. 3, 23- 24, 26 and 27, paras. 13, of the Convention)
Children with disabilities
55.
The Committee reiterates its concern (CRC/C/15/Add.269, para. 53) that social
stigma, fears and misconceptions surrounding children with disabilities remain strong in
society, leading to the marginalization and alienation of these children. The Committee is
also concerned that in the absence of an inclusive education policy in the State party,
children with disabilities rarely access mainstream education and that although integrated
classes reportedly exist for children with visual impairments, these classes are in fact
specialized classes placed in ordinary schools. The Committee is also concerned that:
(a)
There are no specialized teachers for children with intellectual impairment in
the State party which deprive those children of any access to education;
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