prohibits such names during registration of birth; and sensitizes the society to avert
giving derogatory names to children born out of wedlock.
23. Moreover, the Committee calls upon the State Party to take commitment to eliminate
statelessness by giving recognition and nationality to abandoned children within the
territory of the State Party.
24. The Committee also recommends that the State Party takes into consideration its
General Comment No. 2 on Article 6 of the African Children’s Charter for the
implementation of the right to name, nationality and birth registration of children.
Freedom of expression, conscience, thought, religion, assembly, and protection
of privacy
25. The Committee notes with appreciation the legislative and administrative measures
indicated in the State Party report to ensure the freedom of expression, religion and
association of children. In relation to freedom of expression, the Committee
encourages the Government to facilitate platforms and forums through which
children can express their views. It is also important to sensitize communities so that
children enjoy their freedom of expression in the family settings and at community
levels.
26. With regard to freedom of thought and religion, the State Party should protect
children from any abuse they encounter for following a different religious belief than
that of their parents. However, the Committee notes from the State Party report that
some religious believes are being used to defend criminal offenses such as
committing bodily injury for muti or luck. The Committee recommends for the State
Party to balance between freedom of religion and the right to life and bodily integrity
of other children. In addition to prosecuting those who commit such kinds of ritual
offences, it is imperative to educate the society and work on prevention.
Protection against abuse and torture
27. The Committee commends that the Education Act proscribes corporal punishment in
schools. The Committee further encourages the State Party to legislatively ban
corporal punishment in all settings including home. Additionally, the State Party
should sensitize children, parents and teachers on positive disciplining mechanisms
that do not involve physical or verbal punishments.
28. The establishment of residential care facilities for victims of abuse is commendable.
The Committee recommends for the State Party to provide trained and skilled
expertise in such facilities to help children recover from the physical and
psychological effects of abuse. In addition, the Committee encourages the
Government to expedite the establishment of such facilities in ThabaTseka to make
them accessible by all children.
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