as a group. In further states that in determining the best interests of the child, a
person, court or other authority must take into account the other core principles of
the CRC, including non-discrimination, the right to life and maximum survival and
development respect, respect for the views of the child, and the spirit of the CRC as
a whole.
108.
The CRA does not include detailed criteria for best interest determinations. However
it does require the National Commission for Children to undertake a progressive
study and review of the best interest principle with a view to advising government
and other State institutions on the criteria for the application of the principle.
4.3 Survival and development (article 5)
109.
Article 5 of the Charter requires the State to take measures to realize the rights of
children to life, survival and development, and to ensure that the death sentence
cannot be applied to children.
110.
The Child Rights Act recognizes and protects the rights of all children to life,
survival and development to the maximum extent possible. It further recognizes
the interdependence of this cluster of rights and the realization of all of the other
rights protected in the ACRWC. It thus further provides that “Every child has the
right to life, dignity, respect, leisure, liberty, health, including immunization against
diseases, education and shelter from his parents”, subject to the proviso that parents
may be assisted by the State in cases of need.
111.
The GoSL has taken a number of legislative and other measures to secure the
provision of the necessary services and support to realize the rights necessary for
the survival and development of the child to the maximum extent possible. These
are discussed in detail in the various substantive parts of this report.
112.
The law of the GoSL provides that no child may be sentenced to death.
4. General Principles
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