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Attributes of Article 8 |
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Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable |
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Establishment of criminal and procedural preventive measures |
Establishment of protective legal and administrative procedures |
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Structural Indicators as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights. |
1. The State has ratified the International Convention for the Protection of All Persons from Enforced Disappearance, 2007. 2. GCRD The law provides for the rights to a name and identity of all children. 3. National legislation is in place to ensure that indigenous and minority children may receive indigenous names of their parents’ choice in accordance with their cultural traditions and the right to preserve their identity. |
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4. Laws criminalize falsification, concealment or destruction of documents attesting to the true identity of the child. 5. Laws stipulates unlawful interference with children’s rights to preserve their identity is an offence, subject to penalties. 6. There are independent criminal and administrative oversight mechanisms for children affected by loss of identity to seek redress and remedy for their infringed identity rights including re-establishing their identity and relationship with their family. |
7. There are legal procedures in place to review adoptions and, where appropriate, to annul any adoption or placement of children that originated in an enforced disappearance. 8. Laws and mechanisms are in place to provide for compensation of any damage or loss of rights during time affected with enforced disappearance and/or related cases of irregular adoptions. (Art 39) 9. Laws and mechanisms are in place to protect the child’s right to preservation of their identity for children in divorce settings; for stateless children; in situations of conflict for refugee children; for indigenous children; through records of family for children adopted or in care; for children with disabilities. |
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Process Indicators refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation. |
10. A DNA database is established to re-establish identity for speedy family re-unification. (Art 30) 11. There are search and family reunification programmes for disappeared children and the return of children to their families of origin. 12. There are rehabilitation programmes for affected children until they are 18 years, if needed. |
13. GCRD Preventive measures are in place such as missing children helplines, public information campaigns for families and children about preservation of identity. 14. Administrative and budgetary resources are provided to trace and unite missing children or missing family members affected with enforced disappearance and/or related cases of irregular adoptions. 15. Government has put in place mechanisms for accessing birth records for children legally adopted or born through assisted reproduction techniques. |
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Outcome Indicators refers to a measurable resultant change either in the “rights environment” or directly in lives of children. |
16. Number of perpetrators punished as a measure of countering impunity in such cases/times wherein the state officials are involved in abductions. 17. SDG 16.101 (adapted) Number of verified cases of killing, kidnapping, enforced disappearance of children (and/or adults with children) in the previous 12 months. |
18. Number of children or parents affected with enforced disappearance. 19. Percentage of children whose identity were restored after an incidence of enforced disappearance. |