CRC/C/SLV/CO/3-4
(b)
Take all necessary measures to ensure the respect of the best interests of
the child and continue its efforts to guarantee specialization and supervision of
institutions in charge of adoptions;
(c)
Ensure that foster parents do not become adoptive parents automatically
without going through the regular legal and administrative procedures applicable in
case of adoption;
Abuse and neglect
52.
The Committee, while appreciating the Bill on the Protection of Victims and
Witnesses of Domestic Violence, continues to be concerned that there is a very high level
of violence present in the Salvadoran society, with acts of violence and abuse
characterizing the daily life of many children in the country. The Committee is concerned,
in particular, at the level of violence present in the home, which remains very high and is on
the rise, in spite of numerous initiatives taken by the State party to prevent domestic
violence. The Committee is also concerned that these acts of violence are often neither
investigated nor prosecuted.
53.
The Committee recommends that the State party strengthen current efforts to
address the high level of violence present in the society, which affects the daily life of
children. Particular attention should be also paid to tackle the problems of domestic
violence and child abuse and neglect, notably against girls. In particular, the State
party should:
(a)
Intensify public education and awareness campaigns about the negative
consequences of violence, abuse and neglect and develop preventive programmes,
including family development programmes;
(b)
Investigate all acts of violence, ill.-treatment and abuse committed
against children, including in the home, and prosecute those responsible;
(c)
Ensure that all victims of violence have access to counselling and
assistance through the necessary recovery and reintegration services, including those
designed to avoid re-victimization;
(d)
Ensure the effective implementation of relevant provisions of LEPINA in
this respect and speed-up the process of adoption of the Bill on the Protection of
Victims and Witnesses of Domestic Violence;
(e)
Provide adequate protection to child victims of abuse in their homes;
(f)
Establish the Municipal Councils for the Prevention of violence;
(g)
Ratify the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women
Corporal punishment
54.
The Committee is concerned that corporal punishment is still lawful in the home,
according to article 215 of the Family Code. The Committee regrets in particular that the
newly adopted LEPINA has not expressly prohibited corporal punishment within the home,
as in its article 38 it provides that parents can “adequately and moderately correct” their
children. The Committee notes the delegation’s remark that the State party is aware that the
LEPINA is not in conformity with the Convention on this particular aspect, and that this is
one of the issues that will be discussed in the context of possible future adjustments to the
LEPINA.
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