CRC/C/TLS/CO/1
page 6
Best interests of the child
28.
The Committee notes that the State party is in the process of revising child-specific
provisions of its legislation and strengthening the capacity of relevant public institutions. While
these positive steps may help to ensure that the principle of the best interests of the child is given
higher priority in relevant administrative actions and judicial proceedings, in accordance with
article 3 of the Convention, the Committee is nevertheless concerned that this principle does not
so far seem to be a primary consideration in decision-making regarding children, for example
with regard to adoption.
29.
The Committee recommends that the State party fully incorporate article 3 of the
Convention into all legislation and practices concerning children and raise awareness of the
meaning and practical application of the principle of the best interests of the child. The
Committee recommends that the State party, in the process of reviewing its legislation, aim
to ensure that this principle is adequately reflected in relevant laws and regulations and
that the best interests of the child are a primary consideration in all decision-making
regarding children.
Right to life, survival and development
30.
The Committee is concerned about the high rate of infant mortality, in addition to serious
issues of malnutrition.
31.
The Committee recommends that the State party seek to fully implement article 6 of
the Convention by prioritizing all measures necessary to reduce the rate of infant mortality
and address issues of malnutrition, including in particular the measures set out under the
heading “Health and Health Services” below.
Child participation and respect for the views of the child
32.
The Committee notes the State party’s assurance that the need to ensure that the views of
the child are given due weight in all matters affecting the child has been taken into account in the
drafting of new legislation, standards and procedures. The Committee is concerned, however,
that the concept of respect for the views of the child does not appear to be well understood, and
that the views of the child are rarely sought in establishing what may be in the child’s best
interests when relevant decisions are being made, including in administrative and judicial
proceedings.
33.
In the light of article 12 of the Convention, and drawing the State party’s attention
to the Committee’s recommendations adopted on its day of general discussion on the right
of the child to be heard held on 15 September 2006, the Committee recommends that the
State party:
(a)
Take all necessary measures to strengthen the implementation of measures
aimed at ensuring children’s right to be heard, in accordance with the child's age and
maturity, at any proceeding which may impact on their rights, particularly in actions taken
by social welfare institutions, courts of law and administrative authorities, including at the
local level, such as in municipal assemblies; and