CRC/C/CRI/CO/4
Rights of the Child undertaken by the State party in follow-up to the Declaration and
Programme of Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, as well as the outcome
document adopted at the 2009 Durban Review Conference.
Best interests of the child
32.
The Committee urges the State party to strengthen its efforts to ensure that the
principle of the best interests of the child is appropriately integrated and consistently
applied in all legislative, administrative and judicial proceedings as well as in all
policies, programmes and projects relevant to and with an impact on children. The
legal reasoning of all judicial and administrative judgments and decisions should also
be based on this principle.
Respect for the views of the child
33.
The Committee notes with concern that the views and special linguistic requirements
of children and adolescents are not adequately taken into account in judicial and
administrative decision-making processes, including at the municipal level and within the
local Protection Boards established by the Children and Adolescents Code.
34.
In light of its general comment No. 12 (2009) on the right of the child to be
heard, the Committee reiterates its recommendation that the State party:
(a)
Strengthen the opportunities for children and adolescents, including
girls, to freely express their views in all matters affecting them, especially at the local
government level;
(b)
Ensure that their views are taken into account in any judicial and
administrative decisions affecting them; and
(c)
Take into consideration the special requirements and linguistic needs of
children with disabilities, indigenous and migrant children and other children in
situations of vulnerability.
D.
Civil rights and freedoms (arts. 7, 8, 13–17, 19 and 37 (a) of the
Convention)
Birth registration
35.
While acknowledging the efforts undertaken by the State party to implement a
comprehensive birth registration system, through visits by mobile units of the civil registry
to indigenous and remote areas and through a system of assistant registrars at hospitals and
health centres, the Committee notes with concern that indigenous children and children of
seasonal workers from Nicaragua and from the Ngöbe-Bugle indigenous group from
Panama are in some cases not registered, especially when they are born on farms or
plantations or when their parents are unaware of the need to register them for obtaining
personal documents.
36.
The Committee recommends that the State party intensify its efforts to ensure
that all indigenous and migrant children are registered at birth and provided with
personal documents enabling them to access social services, by ensuring that pregnant
indigenous as well as migrant women, including those who are undocumented or in an
irregular situation, have adequate access to hospitals and health centres, and by
educating parents on the need to register their children. The Committee also
7