CRC/C/MUS/CO/2
page 8
Separation from parents
41.
The Committee is concerned that, according to the Juvenile Offenders Act, a parent or
guardian can request a court to place a child in an institution on the basis of a simple oath that
the child is a “child beyond control”.
42.
The Committee recommends that the State party, in light of the ongoing reforms of
the juvenile justice system, ensure full compliance with the principles and provisions of the
CRC. The Committee further recommends that the State party abolish the possibility for
parents to place a child in an institution on the basis of an oath before a juvenile court.
The Committee also recommends that the State party provide families who have difficulties
in the upbringing of children with necessary support and counselling services.
Periodic review of placement
43.
The Committee notes with concern that few institutions undertake a regular review of
children placed there. The Committee is further concerned that psychological review is only
taken when it is evident that the child’s behaviour has changed.
44.
The Committee recommends that the State party adopt a comprehensive
mechanism of periodic review of children placed in institutions.
Adoption
45.
The Committee is concerned about the lack of a specific requirement to have a social
report to assist judges in their decisions that adoption is in the best interests of the child. The
Committee is further concerned about the lack of a follow-up system.
46.
The Committee recommends that the State party take legislative measures to ensure
that in cases of adoption the decision of the judge is supported by relevant information
regarding both the child and the adopting parents in order to ensure that adoption is in the
best interests of the child.
Child abuse, violence and neglect
47.
The Committee is concerned about the incidence of child abuse and neglect, including
sexual abuse in the State party. Furthermore, the Committee is concerned about the lack of
specialized and comprehensive units with specialized personnel to care for the recovery,
rehabilitation and reintegration of abused children. In addition, the Committee is concerned
about the lack of alternative homes for children, particularly girls who may be forced to go back
to the same homes where the abusers live.
48.
The Committee recommends that the State party:
(a)
violence;
(b)
Provide facilities for the care, recovery and reintegration for child victims of
Ensure that the child victim’s privacy is protected in legal proceedings; and