care, and birth registration to rural and remote areas and to ensure that children
living in rural and remote areas are not marginalized. To effectively ensure service
delivery in rural areas, the Committee encourages the State Party to increase the
allocation of funds, human resource, and the required facilities.
12. The Committee notes with appreciation the Special Care Programmes designed to
advance the protection and promotion of the rights of children with disabilities. The
Committee recommends that the State Party undertakes measures to ensure that
the Special Care Programmes do not exclude children with disabilities from
mainstream services; but rather integrate them so that children with disabilities are
enrolled within mainstream social structures. Furthermore, the Committee
encourages the State Party to develop policies and programs towards the inclusion
of children with disabilities in the delivery of basic services. In view of the fact that
the State Party Report states that children with disabilities are excluded and
stigmatized, the Committee strongly recommends that sensitization measures be put
in place directed at encouraging change of societal attitudes towards children with
disabilities and that protection of their rights through effective implementation of
inclusion programmes, support systems, and prosecution of those who perpetrate
discrimination against children with disabilities.
13. In addition, the Committee has been informed that there are cultural practices that
discriminate children, particularly girls in matters of inheritance. The Committee,
therefore; recommends that the State Party takes measures to eliminate such
discriminatory customary practices by sensitizing communities and attach
accountability against the perpetrators.
Best interest of the child
14. The Committee is of the view that the best interest of the child encompasses
procedural safeguards in the sense that judicial and administrative proceedings take
the best interest of the child as their primary considerations. In this respect, it is
important that judicial proceedings involving children in any capacity pass through an
accelerated and speedy process. However, the Committee observed that judicial
proceedings involving children do not guarantee the overarching principle of best
interest of the child as the proceedings take a long period of time to be finalized. The
Committee hence recommends that the State Party provides legislative safeguards
for accelerated proceedings in cases where children are involved and sensitizes the
judiciary on children’s rights including the relevance of application of the principle of
the best interest of the child.
15. Furthermore, as mentioned in the State Party’s report, children are not mature
enough to identify their best interests and hence in most cases what is considered
for the best of the children is the decision that their parents make on their behalf.
The Committee reiterates the stand taken by the UN Committee on the Rights of the
Child (UNCRC) that ‘an adult’s judgment of a child’s best interests cannot override
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