CRC/C/ARG/CO/3-4
The State party should further ensure that the study by the Ombudsperson is followed
up on and extended.
2. General principles (arts. 2, 3, 6 and 12 of the Convention)
Non-discrimination
31. The Committee notes Decree No. 1086/2005 establishing a national plan against
discrimination. While welcoming the efforts of the State party to attend to the needs of
disadvantaged children, as well as to establish programmes to promote bilingual and
intercultural education for indigenous children and health programmes focusing on the
needs of indigenous children, the Committee is nevertheless concerned at persistent reports
of discrimination, social exclusion and physical, sexual and psychological abuse of
indigenous children, who represent about 3 to 5 per cent of the total population in the
country. The Committee notes with concern that disparities affecting the north-eastern and
north-western provinces may lead to discrimination; for example, the risk of children dying
in their first year of life is 60 per cent higher in those provinces than in the rest of the
country, and the illiteracy rate, almost zero elsewhere in the country, is 11 per cent in that
area. The Committee is further concerned at the stigmatization and discrimination faced by
adolescents living in poverty in urban centres or in street situations in the country and by
children from a migrant background.
32. The Committee urges the State party to increase its efforts:
(a) To fight against discrimination, social exclusion, and physical, sexual and
psychological abuse of groups of children in vulnerable situations, in particular
indigenous children;
(b) To fight against the stigmatization and discrimination faced by adolescents
living in poverty in urban areas or in street situations and by children from a migrant
background.
33. The Committee further requests that specific information be included in the next
periodic report on the measures and programmes relevant to the Convention on the
Rights of the Child undertaken by the State party to follow up on the Durban
Declaration and Programme of Action adopted at the 2001 World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into
account the Committee’s general comment No.1 (2001) on the aims of education.
Best interests of the child
34. The Committee notes with concern that the principle of the best interests of the child
may be used to evaluate if a child should be deprived of his/her liberty for reasons of
protection under Act No. 22278 of 1980 on Juvenile Justice, which has not yet been
reformed to conform to the Convention. It is further concerned that this principle may not
be taken into account in all decisions, administrative and judicial procedures and
programmes concerning children.
35. While strongly urging the State party to reform the juvenile justice system to
conform to the Convention, the Committee recommends that the State party continue
and strengthen its efforts to ensure that the general principle of the best interests of
the child is appropriately integrated in all legal provisions as well as in judicial and
administrative decisions and in all policies, programmes and services that have an
impact on children The Committee also urges the State party to refrain from using the
principle of the best interests of the child when deciding on deprivation of liberty as a
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