CRC/C/CHN/CO/2
page 7
36.
The Committee urges the State party to include in its next periodic report more
detailed information on the implementation of article 3 and on how it ensures that the best
interests of the child is a primary consideration in all actions concerning children.
Respect for the views of the child
37.
The Committee notes with concern that in mainland China children are not able to file
complaints in court or be consulted directly by the courts without parental consent, except in the
case of children 16 years or older who earn their own livelihood. It regrets the limited amount of
information provided on the representation of students in schools and how their views are taken
into account.
38.
The Committee notes with appreciation the efforts made by the State party in the
Hong Kong SAR to support organizations representing children, such as the Children’s Council
Working Committee. However, it remains concerned that children’s views are not sought
systematically on all policies and programmes affecting them. The Committee regrets the lack
of information on how the views of the child are taken into account in all settings in the
Macau SAR.
39.
In the light of article 12 of the Convention, the Committee recommends that the
State party strengthen its efforts on the mainland and in the Hong Kong and Macau SARs
to ensure that children have the right to express their views freely on all matters affecting
them and to have those views given due weight in policy-making, administrative
proceedings, schools and the home. It encourages the State party to provide more detailed
information on this issue, with respect to all areas under its jurisdiction, in the next
periodic report.
40.
Furthermore, the Committee recommends that on the mainland the State party
review legislation affecting children with a view to ensuring that they are given the
opportunity to be heard in any judicial and administrative proceeding affecting them, and
that due weight is given to their views in accordance with the age and maturity of the child.
41.
The Committee recommends that in the Hong Kong SAR, the State party
systematically ensure that children’s organizations participate actively in developing
policies or programmes affecting them, such as the current education reform. It further
encourages the State party to consider establishing a standing body to represent children’s
views in the political process.
3. Civil rights and freedoms
Birth registration
42.
The Committee notes with appreciation the significant efforts made by the State party to
address the Committee’s previous concerns regarding the non-registration of children at birth.
However, it continues to be concerned that, in part because of existing family planning policies,
all children are not systematically registered immediately after birth in mainland China, and that
this disproportionately affects girls, children with disabilities and children born in some rural
areas.