CRC/C/KHM/CO/2-3
to non-discrimination, children with disabilities, adolescent health and juvenile
justice.
Legislation
8.
While welcoming the Constitutional Council Decision No. 092/003/2007 that the
courts must consider the Convention when interpreting Cambodian law and deciding cases,
the Committee is nonetheless concerned that the provisions of the Convention are rarely
invoked or directly enforced by tribunals, courts and administrative authorities. The
Committee also notes the adoption of numerous child-related pieces of legislation and the
indication given during the interactive dialogue that the State party is developing a
comprehensive child-protection law. The Committee is however concerned that
implementation of child-related legislation remains weak due to the lack of adequate
mechanisms to implement this legislation.
9.
The Committee urges the State party to take all appropriate measures to
ensure the full applicability of the principles and provisions of the Convention in its
domestic legal order, including the establishment of adequate mechanisms,
frameworks and systems to apply child-related laws at national, provincial and
municipal levels. The Committee also requests the State party to report on progress
made in this respect and on decisions of national courts, tribunals or administrative
authorities to give effect to the rights enshrined in the Convention. The Committee
further urges the State party to speed up the enactment of a comprehensive child
protection law covering all principles and provisions of the Convention and to ensure
that the juvenile justice law currently being drafted is fully incorporated into this law.
Coordination
10.
The Committee notes as positive that the status of the Cambodian National Council
for Children (CNCC) was strengthened by a royal decree which provides for the CNCC to
have its own budget and create structures at sub-national levels. The Committee is however
concerned that the CNCC still lacks the necessary human, technical and financial resources
to fulfill its coordinating role in relation to the implementation of the Convention, and that
there is no obligation for any government department to refer or defer to the CNCC on
issues related to child rights.
11.
The Committee reiterates its recommendation to the State party
(CRC/C/15/Add.128, para. 11) to provide the CNCC with more substantial human,
technical and financial resources. The Committee also urges the State party to ensure
effective coordination in the implementation of the Convention, to clarify the relations
between the CNCC and government departments and to promptly establish CNCC
structures at provincial, district and communes levels.
National plan of action
12.
While noting the existence of various sectoral plans of action related to children in
the State party, the Committee is concerned about the lack of a comprehensive national
strategy or plan of action for the implementation of the Convention.
13.
The Committee recommends that the State party develop and implement a
comprehensive policy and strategy on children and adopt a national plan of action for
children or other such framework for their implementation, which encompasses the
various sectoral action plans and covers all areas of the Convention. The Committee
also recommends that this strategy be closely linked to the National Strategic
Development Plan (2009-2013) and the Social Protection Strategy and adequately
resourced. The Committee recommends that in formulating such a policy and plans,
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