CRC/C/CRI/CO/4
possession of child pornography in a computer system or on a data storage medium;
and
(b)
Take the necessary legislative measures to enable prosecution of crimes
related to sex tourism, e.g. by adopting draft law No. 14204 in order to ensure, inter
alia, that the State party’s courts have jurisdiction in cases where nationals of the
State party commit offences covered by the Optional Protocol outside its territory.
Asylum-seeking and refugee children
81.
The Committee notes that the State party hosts the second largest refugee population
in Latin America. It is concerned that, owing to delays in the adoption of regulations to
implement the new Migration Act, the waiting period for the refugee status determination is
too long, gender as grounds for persecution is not fully taken into account in the
determination of refugee status in accordance with the new Migration Law and relevant
UNHCR guidelines, and that there are obstacles to the family reunification process,
including with regard to the issuance of visas. The Committee is also concerned that
refugees are no longer exempt from the high fees for processing identification documents
(refugee cards) and that unaccompanied children are not provided with such documents.
82.
The Committee recommends that the State party:
(a)
Expeditiously adopt and implement regulations relating to the refugee
status determination;
(b)
Ensure that gender as a ground of persecution is taken into account in
the refugee status determination;
(c)
Benefit from UNHCR training for its Commission of Visa and Refugees,
and make proper use of the UNHCR Guidelines on International Protection: child
asylum claims under articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967
Protocol relating to the Status of Refugeess; and
(d)
Consider exempting refuges from fees for identification documents or
reducing such fees, and provide unaccompanied children with identity documents.
Administration of juvenile justice
83.
The Committee is concerned that:
(a)
Deprivation of liberty seems to be the general rule rather than the exception
in criminal trials against juvenile offenders, as reflected by the high number of children and
adolescents, especially those in street situations, in juvenile detention centres and penal
institutions;
(b)
The principle of presumption of innocence is not being applied sufficiently in
juvenile criminal cases; and
(c)
The identity of juveniles facing criminal charges is reportedly often revealed
in the media, in violation of their personality rights.
84.
Taking into account the Committee’s general comment No. 10 (2007) on the
administration of juvenile justice, as well as juvenile justice standards, in particular
articles 37 (b), 40 and 39 of the Convention, the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules), the United
Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines), and the United Nations Rules for the Protection of Juveniles Deprived of
their Liberty (the Havana Rules), the Committee recommends that the State party:
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