CRC/C/KGZ/CO/3-4
Intolerance, as well as the outcome document adopted at the 2009 Durban Review
Conference.
Best interests of the child
20.
The Committee notes that the 2010 Constitution and the Children’s Code include
provisions on the best interests of the child. However, it is concerned that insufficient
measures are being taken in practice to implement the right of the child to have his or her
best interests taken into account as a primary consideration. The Committee is also
concerned that the term “legitimate interests of the child”, which is used in some of the
State party’s laws, is not equivalent to “the best interests of the child” in its scope.
21.
In the light of its general comment No. 14 (2013) on the right of the child to
have his or her best interests taken as a primary consideration, the Committee
recommends that the State party strengthen its efforts to ensure that the right is
appropriately integrated and consistently applied in all legislative, administrative and
judicial proceedings, as well as in all policies, programmes and projects relevant to
and with an impact on children. In that regard, the State party is encouraged to
develop procedures and criteria to provide guidance to all relevant persons in
authority for determining the best interests of the child in every area, giving them the
appropriate weight as a primary consideration. Such procedures and criteria should
be disseminated to courts of law, administrative authorities and legislative bodies,
public and private social welfare institutions, as well as traditional and religious
leaders and the public at large.
Right to life, survival and development
22.
The Committee is seriously concerned about the considerable number of children
killed during the violence in June 2010 and the inability of the State party to protect them
during the conflict. The Committee is also concerned about the failure of the State party to
investigate those killings expeditiously and bring those responsible to justice.
23.
The Committee recommends that the State party establish mechanisms to
provide rapid response to protect children in case of conflict and provide prompt,
impartial and effective investigation into the killings, including of children, during the
June 2010 events.
D.
Civil rights and freedoms (arts. 7, 8 and 13–17)
Birth registration
24.
The Committee is concerned about reports that children born to parents who do not
possess valid identity documents, in particular Lyuli mothers or mothers without a
residence permit, are denied birth registration. The Committee is also concerned by reports
of excessive bureaucratic and illegal demands made in the process of restoring birth
certificates.
25.
The Committee urges the State party to ensure that all children born in its
territory are registered and provided with standard birth certificates immediately
without any undue barriers, irrespective of the availability of their parents’ identity
documents or residence permits. The Committee also recommends that the State
party simplify the procedure for birth registration and ensure that no illegal demands
are made in the process of restoring birth certificates.
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