CRC/C/VNM/CO/3-4
30.
In the light of article 2 of the Convention, the Committee urges the State party
to ensure that all children in the State party effectively enjoy equal rights under the
Convention without discrimination on any ground, and to this end:
(a)
Expeditiously take all measures necessary to ensure the effective
elimination of any form of discrimination against children with disabilities, in
particular in the education and health system and the provision of essential services.
The State party is recommended to, inter alia, amend its legislation so as to ensure
that discrimination against children on the grounds of disability is explicitly
prohibited by law, as expressed in the Committee’s previous recommendation
(CRC/C/15/Add.200, para. 23 (a)); take steps to promote the positive image of
children with disabilities in all settings; and launch campaigns to raise awareness and
combat the stigma associated with children with disabilities;
(b)
Adopt and effectively implement a comprehensive and holistic strategy
on the prevention of ethnic discrimination and intolerance that ensures that ethnic
minorities are not penalized for their distinctive characteristics, taking into full
account all the relevant provisions of the Durban Declaration and Programme of
Action and, in doing so, ensure equal access to social services to all groups of children,
with a particular focus on children belonging to ethnic minorities and indigenous
groups;
(c)
Include a migrant perspective into all anti-discrimination policies and
programmes and revise existing services for improved access of services for migrant
children;
(d)
Launch public awareness-raising programmes, including campaigns
with a view to eliminating all forms of discrimination against girls, focusing on school
dropout, on girls’ engagement in early marriage, especially in mountainous areas, and
on the practice of aborting female foetuses, and ensure gender mainstreaming in all
anti-discrimination policies and programmes;
(e)
Establish a specific monitoring and evaluation system to closely track the
progress and results of these policies and programmes, and inform the Committee in
its next periodic report on the progress achieved.
Best interests of the child
31.
The Committee welcomes the introduction of the principle of the best interests of the
child in the 2004 Law on the Protection, Care and Education of Children, and notes that
various draft laws, including the draft amendment of the 2004 Law, fully incorporate this
principle. The Committee, however, is concerned that the principle has not yet been
included in all legislation affecting children, that the knowledge of the principle remains
inadequate, and that it is not sufficiently applied in judicial and administrative decisions.
32.
The Committee urges the State party to intensify its efforts to conclude the
adoption of all draft laws that attach importance to the principle of the best interests
of the child. The Committee further recommends that the State party strengthen its
efforts to ensure that the principle of the best interests of the child is integrated in all
laws affecting children, and that it is widely known and appropriately integrated and
consistently applied in all legislative, administrative and judicial proceedings and all
policies, programmes and projects relevant to and with an impact on children. In this
regard, the State party is encouraged to develop procedures and criteria to provide
guidance for determining the best interests of the child in every area, and to
disseminate them to the public and private social welfare institutions, courts of law,
administrative authorities and legislative bodies. The legal reasoning of all judicial
and administrative judgments and decisions should also be based on this principle,
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