CRC/C/15/Add.237
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Convention accessible to the whole population, in particular children themselves, and
including by way of translating the Convention where necessary. Moreover, the
Committee encourages the State party to undertake systematic education and training on
the provisions of the Convention for all professional groups working for and with children,
in particular parliamentarians, judges, lawyers, law enforcement officials, civil servants,
municipal workers, personnel working in institutions and places of detention for children,
teachers, health personnel, psychologists and social workers. Technical assistance from,
inter alia, OHCHR and UNICEF could be requested in this regard.
2. Definition of the child
25.
The Committee notes that the 1993 Child Law makes a distinction between a child (up to
the age of 16 years) and a youth (between 16 and 18 years) and is concerned that youth as
defined by the Law do not have the same rights as children. The Committee is further concerned
that the minimum age of criminal responsibility is set at 7 years of age, which is much too low,
and that children between 16 and 18 years are treated as adults under the penal law of the State
party. Furthermore, the Committee is concerned that there is no minimum age for marriage for
boys and that marriage of girls as young as 14 is allowed with parental consent.
26.
The Committee recommends that the State party recognize that all persons
below the age of 18 are entitled to special protection measures and specific rights as
enshrined in the Convention, and that it raise the minimum age for criminal responsibility
to an internationally acceptable age. The Committee also recommends that the State party
raise the minimum age for marriage for girls to an internationally acceptable age.
3. General principles
Non-discrimination
27.
The Committee notes that the principle of non-discrimination is included in
the 1993 Child Law but remains concerned that discrimination, contrary to article 2 of
the Convention, still exists in Myanmar. In particular, the Committee is concerned about
discrimination against girls and vulnerable children such as children with disabilities, children
from remote and border areas, children belonging to religious minorities and children with low
status citizenship.
28.
The Committee recommends that the State party:
(a)
Make greater efforts to ensure that all children within its jurisdiction enjoy
all rights set out in the Convention without discrimination, in accordance with article 2;
(b)
Prioritize and target social services to children belonging to the marginalized
and most vulnerable groups through a proactive and comprehensive strategy; and
(c)
Ensure effective law enforcement, and launch comprehensive public
information campaigns involving religious leaders to prevent and combat all forms of
discrimination and, where appropriate, within the framework of international cooperation.