lunes, 14 de febrero de 2011

Conclusiones de Comité de Derechos del Niño con motivo de la revisión del protocolo sobre venta de niñ@s, prostitución infantil y pornografía infantil

Comunicado de prensa de Comité al cierre del periódo de sesiones:

After having considered the initial report of Mexico under the Optional Protocol on the involvement of children in armed conflict, the Committee welcomed the ratification by the State party of the Rome Statute of the International Criminal Court in 2005 and noted with satisfaction the efforts made by the State party to enhance the respect for human rights, particularly in the Ministry of Defence. The Committee also welcomed the proposed reform of the Penal Code which aimed to criminalize recruitment and the use of children in hostilities.

The Committee was concerned that the State party’s interpretative declaration to Article 4 of the Optional Protocol seemed to exclude or modify the legal effect of this article’s application to the State party, thus in fact making it a reservation. It welcomed, however, the State party’s commitment to reviewing this declaration. The Committee noted that a number of government entities were involved in the implementation of the Optional Protocol, and that the coordination was not clear between the different Ministries at the federal and state level. The Committee was concerned that children who studied in military schools had military status and, if they broke the law, were subject to the Military Code of Justice. The Committee was further concerned at reports that students in military schools had taken part in the fight against drug trafficking, by participating in the search for and destroying of illegal drugs, which seriously jeopardized the rights and lives of children. The Committee was further concerned that military schools were managed solely by the Ministry of Defence. The Committee also expressed its great concern at the high number of child victims (about 1,000 dead children over the last 4 years) as a result of the fight of the army against organized crime, child rights violations and the lack of investigation of crimes perpetrated by military personnel.

While noting the State party’s declaration upon ratification of the Optional Protocol declaring 18 years as the minimum age for voluntary recruitment to the armed forces, the Committee was concerned at the exception to this minimum age which set 16 years as the minimum age in signals units for training as technicians. The Committee was also concerned that, according to the Military Service Act article 25, early enlistment was allowed for 16 and 17 year old children who wished to leave the country at the time when they would be required by law to undertake military service, and for “those who are obliged to request early enlistment because of their studies”. The Committee thus recommended that the State party revoke article 25 of the Military Service Act, end the practice of early enlistment for 16 and 17 year old children, and raise the minimum age for voluntary recruitment to 18 years, without exceptions. The Committee was further concerned that the State party lacked information on the use of children by non-State armed groups, and therefore it had not undertaken measures to prevent the recruitment of children by non-State groups. The Committee thus recommended that the State party take all the necessary measures to ensure that no children were recruited by non-State armed groups, including by identifying and monitoring the various non-State armed groups in the country, including paramilitary groups, organized crime groups and security companies.

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