(prevention of the public and the media from trial) and the benefit of the application
of sentences aimed primarily at reintegration and rehabilitation of the child.
28. The Committee further notes that without an effective functioning registration
system, the system of justice for children is likely to be abused by non-qualifying
adults, thus flooding juvenile courts (which are generally few in number and are
expected to expedite trials) with cases which would otherwise have been tried by
ordinary courts.
29. Proof of age can also be relevant where children are alleged to be victims or
serve as witnesses, especially in relation to offences where statutory age criteria are
established, such as in relation to the age for consent to sexual activity. Valuable
protections might be foregone in the absence of adequate proof of the age of child
victims.
4.6.2
30.
Prevention of harmful practices
The Committee defines harmful practices to include all practices that imperil
the life of the child, undermine his/her dignity or are prejudicial to his/her health, to
his/her mental or physical integrity, or to his/her growth and development regardless
of their being condoned by a society, culture, religion, or tradition. Examples of
common harmful practices in Africa include child trafficking, sexual exploitation, early
marriage, illicit adoption, exploitative child labour, child enrolment in armed forces,
and so forth. The Committee strongly believes that a universal well functioning birth
registration system increases the visibility of the most disadvantaged children and
enhances their protection against harmful practices.9 An ill-functioning birth
registration system on the other hand makes it difficult to prosecute perpetrators of
harmful practices committed against children as it makes it less likely that laws which
prohibit those practices will be effectively implemented.
4.6.3 Rights to education, health and social welfare
9
For example parents or caregivers cannot conceal a child’s age to force him/her into early marriage.
12