14. The BNHRC has noted that the legal concept of ‘child’ has not been reflected with any consistency in the laws of Bangladesh. In many laws, alternative terms like, ‘minor’, ‘orphan’, ‘adolescent’, ‘person’, etc. have been used to refer to a ‘child’. For example the Orphanages and Widows. Homes Act 1944 defines an ‘orphan’ as a boy or girl under eighteen years of age who has lost his or her father or has been abandoned by his or her parents or guardians. In addition, important statutes like the Rights and Protection of the Persons with Disabilities Act 2013, the Birth Registration Act 2000, the Vagrant and Homeless Persons (Rehabilitation) Act 2011either do not define ‘child’ or do not contain specific provisions regarding children although these laws are in many ways related to the rights of the children. 15. In the BNHRC’s view, the recommendation of the Committee on the Rights of the Child (hereinafter ‘the Committee’) to adopt a uniform definition of ‘child’ has not been fully implemented during the period covered by the Fifth Periodic State Party Report.6 16. DETERMINATION OF AGE In Bangladesh, determination of age remains an important issue, especially in relation to such matters as prevention of child marriage, protection of child workers, contractual obligations, and the minimum age of criminal responsibility etc. The BNHRC has observed that different laws have adopted different approaches in relation to the determination of the age of a child. For example, the Labour Act 2006 provides that the age of a child worker will be determined with reference to birth certificate, school certificate or medical certificate. The Children Act 2013 provides that the Children’s Court, for the purpose of exercising its jurisdiction, has the authority to determine the age of a person (purporting to be a child in conflict with law). In order to determine age, the Children’s Court may call for birth certificates, documents, registers or records kept in the custody of any person or organization. However, the Children’s Court may ignore birth certificates for the purpose of determination of the age of a child (in conflict with law) who does not appear to be a child. The Children Act 2013 further provides that any order or judgment passed by the Children’s Court shall not be deprived of legal force because of an erroneous determination of age. 17. Oishee Rahman, the prime suspect in the killing of her parents, underwent an age determination test.7 6 See Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, CRC/C/BGD/CO/4, 26 June 2009, p. 8, paragraph 31. 7 Available at <http://archive.thedailystar.net/beta2/news/oishee-house-help-undergo-medical -tests/>, last visited on 12.10.2014. 10

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