CRC/C/15/Add.154
page 12
adoption of the National Plan against Sexual and Commercial Exploitation, taking into
account the Agenda for Action adopted at the World Congress against Commercial Sexual
Exploitation of Children and undertake a study on this issue in order to understand its
scope and causes, to enable effective monitoring of the problem and to develop the
necessary measures and programmes to prevent, combat and eliminate it. The Committee
invites the State party to seek international cooperation in this regard.
Children living in the streets
54.
The Committee expresses its concern at the significant number of children living in the
streets and notes that assistance to these children is provided mainly by non-governmental
organizations. In light of article 6 of the Convention, serious concern is expressed at allegations
of rape, ill-treatment and torture, including murder for the purpose of “social cleansing”, of
children living in the streets.
55.
The Committee recommends that the State party expedite the adoption of a
National Plan for the Care of Street Children and ensure that children living in the streets
are provided with nutrition, clothing, housing, health care and educational opportunities,
including vocational and life-skills training, in order to support their full development.
Moreover, the State party should ensure that these children are provided with
rehabilitation services for physical, sexual and substance abuse; protection from police
brutality; and services for reconciliation with their families. The Committee encourages
the State party to seek additional international cooperation from, among others, UNICEF
and WHO.
Juvenile justice
56.
The Committee expresses its serious concern that its previous recommendation
encouraging the reform of the juvenile justice system to ensure its full compatibility with the
principles and provisions of the Convention (CRC/C/15/Add.58, para. 40) has not yet been
implemented because of the postponement of the entry into force of the Children and Adolescent
Code of 1996. In particular, it reiterates its concern about the doctrine of “irregular situation”
and notes that legal assistance for children is not mandatory and that the presence of a translator
for indigenous children is not required. Concern is also expressed at the long periods of pre-trial
detention and at poor conditions in detention centres, at the fact that children with no prior
criminal record are held together with children with a criminal record and that inadequate
education, rehabilitation and reintegration programmes are provided during the detention period.
57.
In line with its own previous recommendation and with that of the Special
Rapporteur on the independence of judges and lawyers (see E/CN.4/2000/61/Add.1), the
Committee recommends that the State party continue reviewing its law and practices
regarding the juvenile justice system in order to bring it as soon as possible into full
compliance with the Convention, in particular articles 37, 40 and 39, as well as with other
relevant international standards in this area, such as the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the
United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines), and that it expedite the adoption of the Children and Adolescents Code of 1996