Freedom of expression
11. The Committee notes that the State Party has enacted provisions safeguarding
freedom of expression. The Committee is however concerned that the report
does not indicate how this right is made accessible to children. The Committee
therefore recommends that the State Party take urgent measures to implement
structures such as children’s clubs and a children’s parliament to provide a forum
for children to take part in decisions affecting them. The Committee also
recommends that the State Party ensure that judicial and administrative actions
guarantee that children are heard in issues affecting them.
Freedom of Association
12. The report illustrates that there exists in the territory of the State Party, the
National Union of Eritrean Youth and Students (NUEYS), which participates in
social and economic activities affecting young people. The Committee is
however concerned that despite Article 19 of the Constitution which ensures
freedom of association, the Constitution is yet to be implemented, as such there
currently exists no legal provision safeguarding this freedom. The Committee
therefore recommends that the State Party as a matter of urgency, implement
measures safeguarding this principle ensuring children have access to it. The
Committee also recommends that the NUEYS is decentralised and available
throughout Eritrea and the State Party guarantees its independence and
adequate funding to ensure its proper functioning. The Committee further
recommends that the State Party ensure children from different backgrounds are
represented and eligible to be elected to the NUEYS.
Freedom of Thought, Conscience and Religion
13. The Committee notes that Article 14 of the Transitional Civil Code guarantees the
right of all persons to think and express their ideas. Besides, the yet to be
implemented Constitution also prohibits religious discrimination and provide for
freedom of thought, conscience, and belief and the freedom to practice any
religion. However, it was brought to the attention of the Committee that despite
the existence of the legal protection, children of particular religious groups are
not able to enjoy the benefits of this right. A particular concern in this regard are
children who belong to the Jehovah Witnesses, as they particularly face harsh
treatment. The Committee therefore recommends that the State Party recognise
and fully implement a child’s Freedom of Thought, Conscience and Religion with
no discrimination.
E. Family environment and alternative care
Parental Responsibilities and protection of children
14. The Committee notes the existence of laws which ensure that since parents are
the custodians of the child, they shoulder all responsibilities of guardian and
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