CRC/C/SAU/CO/2
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Best interests of the child
30.
The Committee is concerned that the general principle of the best interests of the child
contained in article 3 of the Convention is not systematically included in laws, regulations and
practices concerning children, for example regarding the status of the child, the custody
decisions and in the area of alternative care.
31.
The Committee recommends that the State party fully incorporate article 3 of the
Convention into all legislation and practice concerning children.
Right to life and capital punishment
32.
The Committee takes note of the information that no child is sentenced to death and that
capital punishment is not passed to persons who commit a crime before they reach the age of
majority (in general 18 years). Nevertheless, it is deeply concerned that judges have the
discretionary power which is often when presiding over criminal cases involving children, to
decide that a child has reached the age of majority at an earlier age, and that as a consequence
capital punishment is imposed for offences committed by persons before they have reached the
age of 18. The Committee is deeply alarmed that this is a serious violation of the fundamental
rights under article 37 of the Convention.
33.
The Committee urges the State party to take the necessary steps to immediately
suspend the execution of all death penalties imposed on persons for having committed a
crime before the age of 18, to take the appropriate legal measures to convert them into
penalties in conformity with the provisions of the Convention and to abolish as a matter of
the highest priority the death penalty as a sentence imposed on persons for having
committed crimes before the age of 18, as required by article 37 of the Convention.
34.
The Committee expresses its grave concern at the reported tragic events of
the 11 March 2002 fire at the girls’ public Intermediate School No. 31 in Mecca that claimed
the lives of at least 14 schoolgirls and information that the school building did not meet adequate
safety standards for children.
35.
While respecting the information provided by the State party delegation that the
tragic events were due to the old school building and the inadequate training of the school
staff on emergency measures, the Committee recommends that the State party take all
necessary measures to ensure to the maximum extent possible the survival and
development of the child at all times and ensure that all school buildings and other
institutions are safe for children and that all staff are regularly trained on such emergency
measures.
Respect for the views of the child
36.
The Committee commends the State party for its efforts to respect the right of the child to
have his/her views heard, inter alia, through establishing children’s councils, recreational
activities and, notably, in judicial proceedings. Nevertheless, it is concerned that traditional
attitudes towards children in society, in particular towards girls, limit the right to express their
views and to have them taken into account, especially within the family, schools and media.