CRC/C/SAU/CO/3-4
notably with respect to access to school and justice and in the case of compensation for
death or injury.
18.
The Committee urges the State party to adopt a proactive and comprehensive
strategy to eliminate de jure and de facto discrimination on any grounds against all
the above-mentioned groups of children in marginalized or disadvantaged situations.
Best interests of the child
19.
Taking into account that the right of the child to have his or her best interests
taken as a primary consideration is not always respected, as in matters relating to
family law or the imposition of norms and religious traditions, the Committee, in the
light of its general comment No. 14 (2013) on the right of the child to have his or her
best interests taken as a primary consideration, recommends that the State party
ensure that this right is appropriately integrated and consistently applied in all
legislative, administrative and judicial proceedings, as well as in all policies,
programmes and projects that are relevant to and have an impact on children. In view
of the fact that judges often consider underage marriage as being in the best interests
of the girl child, a situation that reveals a misunderstanding of the concept of “best
interests” and leads to multiple violations of girls’ rights, the State party is
encouraged to develop procedures and criteria to provide guidance to all relevant
persons in authority for determining the best interests of the child in every area and
for giving them due weight as a primary consideration in order to avoid
misconceptions of this right.
Right to life, survival and development
20.
The Committee expresses its deepest concern that the State party tries children
above 15 years of age as adults and continues to sentence to death and to execute persons
for offences that they allegedly committed when they were under the age of 18, after trials
falling short in terms of the guarantees of due process and a fair trial contained in article 40
of the Convention, especially as concerns the absolute prohibition of torture. The
Committee is particularly concerned that, of the 47 persons executed on 2 January 2016, at
least 4, namely Ali al-Ribh, Mohammad Fathi, Mustafa Akbar and Amin al-Ghamadi, were
under the age of 18 when they were sentenced to death by the Specialized Criminal Court.
The Committee is also deeply concerned that in January 2013 the State party executed
Rizana Nafeek, a Sri Lankan domestic worker, in spite of evidence that she was under 18
years of age when she was arrested and sentenced to death.
21.
The Committee urges the State party to immediately halt the execution of
people who were below the age of 18 at the time of the alleged commission of the
offence, among them, Ali Mohammed Baqr al-Nimr, Abdullah Hasan al-Zaher,
Salman Bin Ameen Bin Salman Al-Qureish, Mujtaba’ Bin Nader Bin Abdullah AlSweikat, Abdulkareem Al-Hawaj and Dawood Hussein al-Marhoon. The Committee
also urges the State party to ensure that children who have not benefited from a fair
trial be immediately released and that those among them who were sentenced to death
have their sentence commuted in line with international juvenile justice standards.
The State party should amend its legislation without any further delay with a view to
unambiguously prohibiting the imposition of the death sentence on children, in line
with its obligations under article 37 of the Convention.
Respect for the views of the child
22.
In view of the persistence of traditional attitudes towards children in society, in
particular towards girls, which limit their right to express their views and to have
those views taken into account, the Committee draws the State party’s attention to its
5