CRC/C/CRI/CO/4
decisions on the placement of children within reasonable time and in accordance with
the best interests of the child;
(b)
Consider the placement of children in institutions as a measure of last
resort for the shortest period possible, and take all necessary measures to allow
children in alternative care settings to return to their families, whenever possible;
(c)
Give preference to family-type care over institutions for children who
cannot live with their families;
(d)
Undertake a study to assess the situation of children placed in
institutions, including their living conditions and the services provided, establish clear
standards for existing institutions, and ensure a comprehensive mechanism of periodic
review of placement in light of article 25 of the Convention, taking into account the
Guidelines for the Alternative Care of Children.
Adoption
51.
While noting information provided by the State party delegation that the
Constitutional Chamber declared direct adoptions unconstitutional, as well as the State
party’s efforts to regulate adoptions through the approval by PANI in 2008 of new
regulations for national and international adoption processes, the Committee remains
concerned that direct adoptions are still being performed. It is also concerned that
insufficient regulation of private adoption services combined with weak control and
monitoring mechanisms may result in cases of child trafficking.
52.
The Committee recommends that the State party:
(a)
Enact and effectively implement legislation prohibiting direct adoptions
by agreement between the biological and the adoptive parents without intervention by
PANI, include PANI in all adoption procedures and harmonize domestic legislation
with international legal standards on adoption, in particular the Hague Convention on
Protection of Children and Cooperation in respect of Intercountry Adoption (1993);
(b)
Effectively ban direct adoptions and revise existing administrative
procedures of adoption processes of PANI to minimize the incentives for such
adoptions;
(c)
Improve coordination between the judicial and administrative bodies in
order to ensure the harmonization of adoption procedures, regulate private adoption
services and monitor and restrict international adoptions, in accordance with article
21 (b) of the Convention; and
(d)
Investigate all cases of irregularities in adoption procedures, prosecute
and adequately punish perpetrators of unlawful adoptions and child trafficking, and
establish adequate control mechanisms to prevent violations of relevant laws and
regulations on adoption.
Abuse and neglect
53.
The Committee acknowledges the State party’s efforts to combat child abuse and
neglect, such as the National Plan to Combat Violence (2006) and the establishment of
Child Abuse Research Committees, the adoption of a Domestic Violence Programme, as
well as the provision of psychological counselling to children who are victims of domestic
violence. However, the Committee is concerned about the fact that domestic violence is on
the rise, the high incidence of intra-family and sexual violence against children and
adolescents, in particular girls, as well as the increase in the number of cases of abduction
of persons without full legal capacity. It is also concerned about the lack of information on
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