CRC/C/ECU/CO/4
the national average, and the fact that chronic malnutrition among indigenous children is
more than double that of mestizo children and that indigenous women and girls are victim
to discrimination and assassination, as expressed by the Committee on the Elimination of
Racial Discrimination.
35.
The Committee urges the State party to ensure practical application of the
constitutional and legal provisions that outlaw gender, ethnic and any other form of
discrimination and to guarantee special protection measures in favour of indigenous
and Afro-Ecuadorian children. The Committee further reminds the State party that
the Committee on the Elimination of Discrimination against Women recommended in
2008 that special measures be taken for the protection of the rights of indigenous and
Afro-Ecuadorian women and girls (CEDAW/C/ECU/CO/7). The Committee would
also like to draw the State party’s attention to the principles of the Declaration and
Programme of Action adopted at the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, as well as the outcome
document adopted at the 2009 Durban Review Conference.
Best interests of the child
36.
While welcoming that the principle of the best interests of the child is incorporated
in the Constitution and the Code on Children and Adolescents, the Committee is concerned
at the lack of information on how this principle is implemented in practice. It is concerned
that this principle may not be taken into account in all decisions, administrative and judicial
procedures and programmes concerning children, such as children deprived of their liberty
or of family environment.
37.
The Committee recommends that the State party ensure the implementation in
practice of the best interests of the child, by fully incorporating the principle in all
programmes, policies, judicial and administrative proceedings, including in the
implementation of national action plans and that it undertake a child impact
assessment of all proposed laws, policies and budgetary allocations which affect
children and the enjoyment of their rights.
The right to life, survival and development
38.
The Committee is concerned that the child mortality rate in the State party continues
to be higher than the regional average. It is also concerned at the prevalence of chronic
malnutrition among children.
39.
The Committee recommends that the State party continue and strengthen
policies and programmes to address issues related to the right to life, survival and
development of children, and continue to pay particular attention to addressing the
problems of child mortality and chronic malnutrition.
Respect for the views of the child
40.
The Committee welcomes the establishment of the National Consultative Council
for Children, and that both the Constitution and the Children’s Code guarantee the respect
for the views of the child. However, it is still concerned that traditional societal attitudes
limit children’s right to be heard in schools, within the family or other settings. It is further
concerned about inadequate implementation of children’s right to be heard in judicial and
administrative proceedings.
41.
The Committee recommends that the State party strengthen its efforts to
ensure that children’s views are given due consideration in the family, schools, and
relevant administrative and other settings, and that they are duly heard in judicial
and administrative proceedings affecting them. In this regard, the Committee would
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