B. Definition of child
13. The Committee commends the State Party for including the definition of the child
in its Constitution. However, the Committee has concerns regarding the age of
criminal responsibility. The Committee regrets that the age of criminal
responsibility is still 8 years of age. The Committee thus calls upon the State
Party to adopt the draft Child Justice Bill of 2012 as soon as possible in order to
raise the minimum age of criminal capacity to 12. The criminal prosecution of all
children beyond the age of 8 vividly affects the wellbeing and development of
children. The Committee recommends accelerating the process of the adoption
of the Bill and in effect altering the age of criminal responsibility.
14. The Committee welcomes the passage of the Marriage Act 2013 in April 2014
which now sets a minimum age of marriage at 18 years in accordance with the
Charter.
C. General principles
Non-discrimination
15. While the Committee appreciates all the efforts of the State Party in addressing
some of the issues relating to discrimination, it recommends the State Party to
take the following measures:;
a. Fully implement the Citizenship and Immigration Act, 2011 and address the
position of the children of Nubian descent, the majority of whom don’t have birth
certificates and also ensure non-discrimination on all grounds in respect of other
indigenous children;
b. Accommodate children with disabilities, particularly autistic children, in the
education system and take measures to ensure that there is no discrimination
against children with albinism;
c. Train and educate communities to change their perceptions of children with
disabilities and also to combat all forms of discrimination insofar as this falls
under the State Party’s mandate to ensure the respect for and the promotion of
the rights of children under the Charter.
Best interests of the child
16. The Committee notes with appreciation that the best interests of the child is
constitutional right for all children. The Committee recommends that the best
interests of the child be the primary consideration in all settings and for all
children, including in respect of any security measures taken by the State Party.
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