CRC/C/15/Add.259
page 11
49.
The Committee recommends that the State party make every effort to ensure that
all adoptions fully comply with the principles and provisions of the Convention as well as
with other relevant international standards and are conducted in the best interests of the
child and that intercountry adoption is used as a last resort. The Committee encourages
the State party to adopt and implement as a matter of priority the Foster Care Act. The
Committee recommends to the State party that it identify the factors in the adoption
process which result in children’s prolonged stay in institutions. Furthermore, the
Committee recommends that the State party provide foster parents and foster
children with adequate psychosocial services.
Abuse and neglect, mistreatment, violence
50.
The Committee is deeply concerned about the increasing reports of cases of child abuse
and neglect in the State party and the notable deficiencies in the domestic legislation as regards
penalizing all forms of abuse, neglect and mistreatment, including sexual abuse. In addition, the
Committee deeply regrets the alleged cases of sexual abuse of children in the framework of
religious institutions.
51.
The Committee urges the State party to review its domestic legislation in order to
penalize all forms of abuse, including sexual abuse, neglect, mistreatment and violence
against children and to clearly define these crimes against children, including incest. The
Committee recommends to the State party that it take effective measures to prevent and
protect children from sexual abuse and exploitation in the framework of religious
institutions, including by investigating the magnitude of such cases and by ensuring that
the perpetrators of such abuse are brought to justice and that officials of religious
institutions are held accountable in these cases of sexual abuse and the exploitation of
minors.
52.
The Committee urges the State party to conduct timely and adequate investigations
of all cases of child abuse and violence with full practice of the rights of the child victim in
legal proceedings, for example by allowing videotaped evidence, in order to bring
perpetrators to justice and to ensure that child victims of violence and abuse have access to
adequate counselling and multidisciplinary assistance with recovery and reintegration.
Children in prison with their mothers
53.
As regards children living in prison with their mothers, the Committee is concerned about
access to adequate social and health services for these children and particularly, about their
living conditions, which are often poor and fall short of international standards.
54.
The Committee recommends that the State party ensure that living conditions and
health services in prison are adequate for the child’s early development in accordance with
article 27 of the Convention and that the principle of the best interests of the child (article 3
of the Convention) is carefully and independently considered by competent child
professionals prior to and during their stays with their detained mothers. The Committee
recommends that alternative care for those children who are separated from their mothers
in prison be regularly reviewed ensuring that the physical and mental needs of children are
appropriately met. Furthermore, the Committee recommends that the State party ensure