Best interests of the child
35. While acknowledging the State party’s information that the best interests of the child are taken into consideration under the Child Welfare Law, the Committee notes with concern that the primacy of the best interests of the child is given inadequate consideration. In particular, it is not formally and systematically integrated into all legislation through a mandatory process of integrating the best interests of all children, including refugee and undocumented migrant children.
36. The Committee recommends that the State party continue and strengthen its efforts to ensure that the principle of the best interests of the child is given effect and observed in all legal provisions, as well as in judicial and administrative decisions and projects, programmes and services that have an impact on children.
37. The Committee notes with concern reports that a significant number of institutions responsible for the care or protection of children do not conform to appropriate standards, particularly with regard, inter alia, to the number and suitability of their staff and the quality of supervision and services.
38. The Committee recommends that the State party:
(a) take effective steps to develop and define standards of service covering the quality and quantity of services provided by such institutions and applicable to both the public and private sectors; and
(b) consistently enforce adherence to such standards in both the public and private sectors.
Right to life, survival and development
39. While noting the State party’s efforts to address the incidence of suicide among children, particularly adolescents, including through the Resolution on Urgent and Effective Promotion of Comprehensive Measures against Suicide, the Committee is still concerned at suicides committed by children and adolescents and at the lack of research on the risk factors associated with suicides and attempted suicides. It is also concerned at information that accidents in children's facilities may be related to a failure to observe minimum standards of safety in such institutions.
40. The Committee recommends that the State party research suicide risk factors among children, implement preventive measures, equip schools with social workers and psychological consultation services and ensure that the child guidance system does not impose additional stress on children in difficult circumstances. It also recommends that the State party ensure that institutions with facilities for children, public or private, adhere to appropriate minimum safety standards.
Respect for the views of the child
41. While noting the State party’s information that children's views are taken into account in judicial and administrative proceedings, in schools, children's institutions and in the family, the Committee remains concerned that formal regulations set a high age limit, that child welfare services, including the guidance centres, give little weight to children's views, that schools limit the areas in which children's views are given weight and that policy-making processes rarely refer to children and their views. The Committee remains concerned that traditional views which fail to respect the child as a human being with rights severely limit the weight given to children's views.
42. In light of article 12 of the Convention and the Committee’s general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party strengthen measures to promote the rights of the child to express his/her views fully in all matters affecting him/her in all contexts, including at school and in other children's institutions, in the family, in the local community, in courts and administrative bodies and also in policy-making processes.
4. Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37(a) of the Convention)
35. While acknowledging the State party’s information that the best interests of the child are taken into consideration under the Child Welfare Law, the Committee notes with concern that the primacy of the best interests of the child is given inadequate consideration. In particular, it is not formally and systematically integrated into all legislation through a mandatory process of integrating the best interests of all children, including refugee and undocumented migrant children.
36. The Committee recommends that the State party continue and strengthen its efforts to ensure that the principle of the best interests of the child is given effect and observed in all legal provisions, as well as in judicial and administrative decisions and projects, programmes and services that have an impact on children.
37. The Committee notes with concern reports that a significant number of institutions responsible for the care or protection of children do not conform to appropriate standards, particularly with regard, inter alia, to the number and suitability of their staff and the quality of supervision and services.
38. The Committee recommends that the State party:
(a) take effective steps to develop and define standards of service covering the quality and quantity of services provided by such institutions and applicable to both the public and private sectors; and
(b) consistently enforce adherence to such standards in both the public and private sectors.
Right to life, survival and development
39. While noting the State party’s efforts to address the incidence of suicide among children, particularly adolescents, including through the Resolution on Urgent and Effective Promotion of Comprehensive Measures against Suicide, the Committee is still concerned at suicides committed by children and adolescents and at the lack of research on the risk factors associated with suicides and attempted suicides. It is also concerned at information that accidents in children's facilities may be related to a failure to observe minimum standards of safety in such institutions.
40. The Committee recommends that the State party research suicide risk factors among children, implement preventive measures, equip schools with social workers and psychological consultation services and ensure that the child guidance system does not impose additional stress on children in difficult circumstances. It also recommends that the State party ensure that institutions with facilities for children, public or private, adhere to appropriate minimum safety standards.
Respect for the views of the child
41. While noting the State party’s information that children's views are taken into account in judicial and administrative proceedings, in schools, children's institutions and in the family, the Committee remains concerned that formal regulations set a high age limit, that child welfare services, including the guidance centres, give little weight to children's views, that schools limit the areas in which children's views are given weight and that policy-making processes rarely refer to children and their views. The Committee remains concerned that traditional views which fail to respect the child as a human being with rights severely limit the weight given to children's views.
42. In light of article 12 of the Convention and the Committee’s general comment No. 12 (2009) on the right of the child to be heard, the Committee recommends that the State party strengthen measures to promote the rights of the child to express his/her views fully in all matters affecting him/her in all contexts, including at school and in other children's institutions, in the family, in the local community, in courts and administrative bodies and also in policy-making processes.
4. Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37(a) of the Convention)