C. General principles
Non-discrimination
13. The Committee appreciates that the principle of non-discrimination is enshrined in
the Constitution and the CPWA. The Committee recommends that the State party
makes non-discrimination a justiciable right in a way that sanction is attached
against those who commit discriminations. In the replies to the list of issues, the
State Party mentioned that the CPWA will be revised to make discrimination a
justiciable offence. The Committee encourages the State Party to fast-track the
revision process.
14. While commending the measures the Government is undertaking to build clinics and
schools in rural areas, the Committee is concerned that there is a high level of
urban-rural disparity in the provision of services. The Committee therefore urges the
Government to increase its investment in rural areas in terms of budget, human
resource, and infrastructure to avert the urban-rural disparity.
15. In addition, the Committee notes that the child grants programme does not operate
in all local councils. The Committee recommends that the State Party extends the
grant in all local councils to make sure that all children in the State Party benefit from
the grant programme.
16. The Committee notes with appreciation that the Constitution; the CPWA and the
Education Act ensure non-discrimination in all situations; and that the Legal Capacity
of Married Persons Act provides equal inheritance right to women. However, the
Committee is concerned that there are reports which indicate that pregnant girls are
excluded from education; orphan children are discriminated in schools; children with
disabilities and children with albinism are ostracized; and girls are discriminated at
the time of succession in practice. Therefore the Committee calls upon the State
Party to implement the laws; sensitize the society about non-discrimination of all
children; and take measures against those who pose discrimination against girls,
children with disabilities, and children with albinism.
Best interest of the child
17. The Committee commends the State Party for the efforts it has employed to ensure
that the best interest of the child is a paramount consideration. However, the
Committee notes with concern that societal attitudes, cultures and custom do not
promote the best interest of the child. Therefore, the Committee recommends that
the State Party engages in sensitization of the society to inform them about the
importance of making the best interest of the child a primary concern. Furthermore,
the State Party should give training to the legislature, the executive and the judiciary
on systems and mechanisms of ensuring the best interest of the child.
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