CRC/C/ARG/CO/3-4
children born outside of health-care facilities, indigenous children, and children from
disadvantaged families, such as those living in remote areas or in social exclusion, to
free birth registration, and that it take steps to identify all children who have not been
registered or have not obtained an identity document. The Committee also encourages
the State party to adopt flexible measures of birth registration, including mobile units,
to reach all children. It further recommends that the State party implement a specific
birth registration strategy for indigenous communities based on respect for their
cultures and taking into account the Committee’s general comment No. 11 (2009) on
indigenous children and their rights under the Convention.
Torture, inhuman and degrading treatment
42. While appreciating the policy of zero tolerance of torture as part of the democratic
recovery process in the country, as highlighted by the official delegation during the
dialogue, the Committee shares the concern of the State party at the absence of reliable
data, at the national level, on allegations of inhuman and degrading treatment. It further
expresses great concern at the high number of allegations in the province of Buenos Aires
(120 registered between 2007 and 2009) of acts committed by police and other law
enforcement officers, involving in particular juvenile offenders and street children. The
Committee is also concerned at a case of enforced disappearance of a child (L.A.) in the
province of Buenos Aires during police detention in January 2009, and that the
investigation into the allegations was not launched promptly. Moreover, the Committee is
concerned at the absence of any information on prompt investigations into these allegations,
their results, including sentencing of those responsible, and on putting an end to the
practice.
43. The Committee urges the State party to take concrete measures to implement its
zero tolerance policy on torture. It further urges the State party to promptly establish
at the national and provincial levels a mechanism for the registration and follow-up of
allegations, including a national register for allegations of inhuman and degrading
treatment. It further urges the State party to launch prompt, thorough and
independent investigations into such allegations, to bring those responsible to justice
and provide reparations to the victims and to take all necessary measures to prevent
such acts, including making public the investigation, the disciplinary measures taken
and the sentences issued against the authors of the crimes. The State party should
further study the causes of such grave violations, especially in the province of Buenos
Aires, and take urgent measures of prevention, including comprehensive training of
police and law enforcement officials on child rights. The Committee urges the State
party to complete a thorough and impartial investigation into the allegations of the
enforced disappearance of the child L.A., in accordance with the International
Convention for the Protection of All Persons from Enforced Disappearance.
44. The Committee expresses concern at reports of human rights violations having occurred
in mental health institutions and at the fact that children with mental disorders sometimes
remain in mental institutions/hospitals for prolonged periods of time without proper
medical justification.
45. The State party should take appropriate measures to avoid hospitalization and use
it only if it is strictly necessary and for a minimum period of time. The Committee
further recommends that the State party provide and monitor access to therapeutic
assistance and appropriate housing for children released from hospitals and other
institutions, taking into account the best interests of the child.
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