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the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, and taking account of the Committee’s General Comment No. 1 on article 29,
paragraph 1, of the Convention (aims of education).
Respect for the views of the child
33.
The Committee welcomes the creation of the Child Parliament by the State party, but
remains concerned that traditional attitudes towards children in society still limit respect for their
views, within the family, schools and at the community level. The Committee is further
concerned that children’s opinions are insufficiently taken into consideration, in accordance with
their age and maturity, in the context of judicial or administrative decisions, including in the
context of child custody procedures and decisions concerning alternative care, such as foster or
institutional care or other forms of alternative care.
34.
The Committee recommends that the State party:
(a)
Promote and facilitate, within the family and the school, as well as in judicial
and administrative procedures, respect for the views of children and their participation in
all matters affecting them, in accordance with article 12 of the Convention;
(b)
Provide educational information to, among others, parents, teachers,
government administration officials, the judiciary, children themselves and society at large
on children’s right to participate and to have their views taken into account;
(c)
The Committee recommends further that the State party undertake a
regular review of the extent to which children’s views are taken into consideration and of
the impact this has on policy and programme implementation and on children themselves.
4. Civil rights and freedoms
Torture and other cruel, inhuman or degrading treatment or punishment
35.
The Committee is concerned that the definition of torture in the Criminal Code 2001 is
not compatible with the definition of torture in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, as it does not explicitly include acts of torture,
including psychological torture, committed by State officials. The Criminal Code also fails to
declare evidence extracted under torture inadmissible.
36.
The Committee is also concerned at continued allegations of children, in particular Roma
children, being ill-treated and tortured by law enforcement officials and that these allegations are
not effectively investigated by an independent authority.
37.
The Committee recommends that the State party:
(a)
Amend the legislation defining torture to bring it into line with article 37 (a)
of the Convention;