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justice, and to provide adequate follow-up to the recommendations contained in the
present concluding observations.
Legislation
8.
The Committee welcomes the legislative developments that have taken place during
the reporting period to bring legislation into line with the Convention, as well as the draft
laws that are being prepared or under discussion in this regard. However, it regrets that
national legislation is not fully in conformity with the Convention in certain areas.
Furthermore, the Committee regrets that the new Criminal Code reduces the punishment for
child pornography compared to the penalties called for in the Act No. 2861/06. Also, the
Committee is concerned that the bill to amend the Code of Criminal Procedure is still under
consideration and does not coincide with the Code on Children and Young Persons in terms
of juvenile criminal procedure.
9.
The Committee recommends that the State party continue to harmonize its
legislation with the principles and provisions of the Convention and strengthen the
implementation of domestic legislation. It also recommends that the steps taken
towards legislative reforms should be part of a comprehensive analysis of the
legislative system aimed at meeting the obligations of the Convention and should
include the effective realization of the rights of boys and girls, effective measures to
protect them from violence and include reforms regarding budgetary allocations. The
Committee recommends that the State party consider legislative amendments that
include penalties proportional to the harm inflicted on the victim and society. It also
recommends that the State party align the Criminal Code with Act No. 2861/06.
Coordination
10.
The Committee welcomes the establishment of the national system for the
protection of children (Sistema Nacional de Promoción y Protection Integral de los
Derechos del Niño, Niña y Adolescente) and new institutions relevant to the rights of the
child, including the National Secretariat for Children and Adolescents and the municipal
secretariats for the rights of childhood and adolescence (Consejerías Municipales por los
Derechos del Niño, Niña y Adolescente), in coordination with the National Council for
Childhood and Adolescence and by departmental and municipal councils. However, the
Committee is concerned at the weakness in the performance of the National Council for
Childhood and Adolescence and at the fact that many departmental and municipal councils
have not yet been elected. Furthermore, the Committee regrets the absence of municipal
secretariats in about 30 municipalities and a lack of effective coordination between those
secretariats and the National Secretariat. It is also concerned at the lack of interdisciplinary
teams and the poor training of the professionals working in municipal secretariats.
11.
The Committee recommends that the State party:
(a)
Strengthen the role of the National Council for Childhood and
Adolescence in order to ensure the effectiveness of the national system for the
protection of children;
(b)
Urge the departments and the municipalities to designate the respective
councils for children and adolescence;
(c)
Install municipal secretariats in every municipality of the country in
order to ensure their representation in all the country for all children;
(d)
Provide all municipal secretariats with adequate human and technical
resources; and
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