CRC/C/ALB/CO/2-4
124 and 125 of the Penal Code contain a restrictive definition of neglect which relates only
to providing living means;
(c)
Due to the lack of an identification, referral and treatment system for cases of
violence against children and the absence of accountability for professionals involved in
identifying these children, the vast majority of children do not seek help when they suffer
abuse and violence;
(d)
Most of the perpetrators of domestic violence enjoy impunity; relatively few
complaints of domestic violence lead to criminal prosecutions and when violence is
considered as “light”, prosecutors are not required to initiate prosecution; and
(e)
Victims of domestic violence rarely obtain the assistance they are entitled to
receive under the 2006 Law and are often left without housing solutions, due to the dearth
of shelters to accommodate them and the lack of specific programmes to combat domestic
violence and assist victims.
44.
In the light of its general comment No. 13 (CRC/C/GC/13, 2011) the Committee
urges the State party to prioritize the elimination of all forms of violence against
children, by paying particular attention to gender. In particular, the Committee urges
the State party to:
(a)
Adopting as a matter of priority a law criminalizing all forms of domestic
violence, including marital rape and revising its definition of neglect contained in the
Penal Code to cover all forms of child neglect and ensure accountability for violence
against children;
(b)
Establishing an efficient multi-sectoral child protection system to ensure
prevention of violence against children and protection and reintegration of children
victims of any forms of violence; and
(c)
Define procedures and mechanisms for the identification, reporting,
referral, investigation, treatment and coordination of cases of children victims of
violence and provide practical information to children on how to seek help.
Sexual exploitation and abuse
45.
The Committee is deeply concerned that sexual abuse against children is defined in
article 108 of the Penal Code as “shameful acts carried out with minor children who have
not attained 14 years of age” and that children between the age of 14 and 18 years are only
protected if there is violence and girls only up to the age of puberty. The Committee is also
concerned about the lack of effective measures to prevent and combat child sexual
exploitation and abuse and about the absence of services to provide sexually abused and
exploited children with psychosocial support, recovery and reintegration.
46.
The Committee urges the State party to revise its legislation to ensure that all
children up to the age of 18 are protected against sexual abuse and exploitation. The
Committee also recommends that State party adopt programmes and policies for the
prevention, recovery and reintegration of child victims of sexual abuse and
exploitation in accordance with the outcome documents adopted at the 1996, 2001 and
2008 World Congresses against Sexual Exploitation of Children held respectively in
Stockholm, Yokohama and Rio de Janeiro.
Harmful practices
47.
The Committee, while noting that the minimum legal age of marriage is set at 18
years, expresses concern about the persistent practice of early and forced marriages,
especially in the Roma community.
10