CRC/C/SAU/CO/3-4
(b)
Repeal all provisions that discriminate against women and have a
negative impact on their children, such as those that authorize polygamy and
unilateral divorce;
(c)
Review its legislation relating to the custody of the child with a view to
ensuring that all decisions taken are based on the principle of the best interests of the
child, that children are not removed from the custody of their mothers after a certain
age and that fathers who are unfit to keep their children are not given custody;
(d)
For migrant domestic workers, abolish the exit visa requirement, which
is at the discretion of the employer, as well as the sponsorship system, and ensure the
right to a family life for these workers by properly regulating their activity under the
labour law and ensure also their right to freely leave their employer, visit and reunite
with their children.
Children deprived of a family environment
33.
Drawing the State party’s attention to the Guidelines for the Alternative Care
of Children (see General Assembly resolution 64/142, annex), the Committee
recommends that the State party take measures to accelerate the transition from
institutionalization to family-based care for children and, to this aim, strengthen
efforts towards the establishment of a well-regulated system of foster care for children
deprived of their families. The State party should also:
(a)
Ensure that children are not moved from one institution to another while
they grow up, as this undermines their need for stability and may result in them being
separated from their siblings;
(b)
Provide unmarried mothers with the support necessary to enable them
to take care of their children and conduct awareness-raising campaigns to eliminate
the stigma attached to children born out of wedlock;
(c)
Ensure that all girls reaching the age of 12 years do not remain in social
education homes, where they can only acquire life skills while boys have access to
secondary education opportunities and can participate in social, cultural and sporting
activities;
(d)
Ensure adequate safeguards and clear criteria, based on the needs as
well as the best interests of the child, for determining whether a child should be placed
in alternative care and also ensure periodic review of the placement of children in
foster care and institutions and monitor the quality of care in such institutions,
including by providing accessible channels for reporting, monitoring and remedying
maltreatment of children.
G.
Disability, basic health and welfare (arts. 6, 18 (3), 23, 24, 26, 27 (1)-(3)
and 33)
Children with disabilities
34.
In the light of article 23 of the Convention and of general comment No. 9 (2006)
on the rights of children with disabilities and given the fact that the vast majority of
children with disabilities continue to receive education in segregated institutions and
to be deprived of education after middle school, the Committee recommends that the
State party adopt and promote a social and human rights-based approach to disability.
Such an approach acknowledges that the disabling factors reside in the environmental
and attitudinal barriers created by society and that all children with disabilities are
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