The Best Interests of the Child
20. The Committee commends the inclusion of the principle of the best interests
of the child into the National Strategy on Child Protection and other action
plans and associated tools, and notes that the Family Code, which
guarantees the rights of the child, particularly with regard to filiation, support
by his parents, as in the context of divorce, legal separation or succession
proceedings, requires magistrates to consider in all these procedures the
greatest benefit of the child. Further, the Committee also takes note that the
right of the child to have his or her best interests taken as a primary
consideration is explicitly set out in the draft Children’s Code.
21. However, the Committee recommends that the State Party undertake further
appropriate measures to respect and promote the principle of the best
interests of the child not only in law, but also in practice, in policies, as well
as in all settings including in the family and community settings.
D. Civil rights and freedom
Right to name, nationality and birth registration
22. The Committee welcomes the measures undertaken by the State Party with
regard to birth registration of children, which includes the computerization of
civil status centers and the digitization of civil status records, proliferation of
civil status centers, and mobile birth registration and awareness-creation
campaigns. The Committee also notes with appreciation that, as indicated in
the State Party Report, these actions raised the rate of birth registration for
children aged 0-5 from 72.7% in 2014 to 80% in 2016. Further, the
Committee welcomes the adoption of Law No. 2013-05 of 2013, amending
Law No. 61-10 of 1961 determining Senegalese nationality, which, inter alia,
repeal gender discriminatory provisions on the transfer of nationality from
parents to children; providing that mothers and fathers can transfer their
nationality to their children on an equal basis.
23. The Committee is, however, concerned about the high cost of birth
registration procedures when the child is not registered within the prescribed
time frame of 45 days. The Committee is also concerned about the
challenges faced by children without birth certificates in accessing social
services such as health and education as birth registration is a prerequisite
for school enrollment and access to health services in the State Party.
Further, the Committee notes with concern that birth registration rate
remains considerably low in rural settings (or those that are geographically
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