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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 16
- Paragraph text
- Children should be able to bring complaints before courts, administrative tribunals or other bodies at lower levels that are easily accessible to them, e.g., in child protection and youth institutions, schools and national human rights institutions, and should be able to receive advice and representation in a child-friendly manner by professionals with specialized knowledge of children and migration issues when their rights have been violated. States should ensure standardized policies to guide authorities in offering free, quality legal advice and representation for migrant, asylum-seeking and refugee children, including equal access for unaccompanied and separated children in local authority care and undocumented children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Youth
- Year
- 2017
Paragraph
Children in street situations 2017, para. 29
- Paragraph text
- Children in street situations are at risk of, inter alia: extrajudicial killings by State agents; murder by adults or peers, including murder linked to so-called vigilante justice, and association with/targeting by criminal individuals and gangs, and when the State does not prevent such crimes; exposure to potentially life-threatening conditions associated with hazardous forms of child labour, traffic accidents, substance abuse, commercial sexual exploitation and unsafe sexual practices; and death due to lack of access to adequate nutrition, health care and shelter. The right to life should not be interpreted narrowly. It concerns individuals’ entitlement to be free from acts and omissions intended or expected to cause their unnatural or premature death, and to enjoy a life with dignity. In 1999, in the case of the torture and murder by police of three children and two young people in street situations in 1990, the Inter-American Court of Human Rights ruled that arbitrary privation of life is not limited to the illegal act of homicide, but extends to the deprivation of the right to live with dignity. This conception of the right to life extends not only to civil and political rights but also to economic, social and cultural rights. The need to protect the most vulnerable people — as in the case of street children — definitely requires an interpretation of the right to life that encompasses the minimum conditions for a life with dignity.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2017
Paragraph
Children in street situations 2017, para. 3
- Paragraph text
- In total, 327 children and young people from 32 countries were consulted in seven regional consultations. Civil society representatives responded to a general call for submissions, and an advanced draft was shared with all States parties.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2017
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 11
- Paragraph text
- In order to ensure the optimum development of every child throughout childhood, it is necessary to recognize the impact that each period of life has on subsequent stages. Adolescence is a valuable period of childhood in its own right but is also a critical period of transition and opportunity for improving life chances. Positive early childhood interventions and experiences facilitate optimal development as young children become adolescents. However, any investment in young people risks being wasted if their rights throughout adolescence do not also receive adequate attention. Furthermore, positive and supportive opportunities during adolescence can be used to offset some of the consequences caused by harm suffered during early childhood, and build resilience to mitigate future damage. The Committee therefore underlines the importance of a life-course perspective.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Youth
- Year
- 2016
Paragraph
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 8h
- Paragraph text
- [The messages from children to public budgetary decision makers included:] Recognize the rights of all citizens, both young and old, by listening to people's opinions on matters of governance;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2016
Paragraph
The implementation of the rights of the child during adolescence 2016, para. 3
- Paragraph text
- The Committee observes that the potential of adolescents is widely compromised because States parties do not recognize or invest in the measures needed for them to enjoy their rights. Data disaggregated by age, sex and disability are not available in most countries to inform policy, identify gaps and support the allocation of appropriate resources for adolescents. Generic policies designed for children or young people often fail to address adolescents in all their diversity and are inadequate to guarantee the realization of their rights. The costs of inaction and failure are high: the foundations laid down during adolescence in terms of emotional security, health, sexuality, education, skills, resilience and understanding of rights will have profound implications, not only for their individual optimum development, but also for present and future social and economic development.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Adolescents
- Children
- Youth
- Year
- 2016
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 21
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- In some contexts, children are betrothed or married very young and, in many cases, young girls are forced to marry a man who may be decades older. In 2012, the United Nations Children's Fund reported that almost 400 million women between 20 and 49 years of age around the world had been married or had entered into a union before reaching 18 years of age. The Committees have therefore been paying particular attention to cases in which girls have been married against their full, free and informed consent, such as when they have been married too young to be physically and psychologically ready for adult life or to make conscious and informed decisions and thus not ready to consent to marriage. Other examples include cases in which guardians have the legal authority to consent to marriage of girls in accordance with customary or statutory law and in which girls are thus married contrary to the right to freely enter into marriage.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Girls
- Women
- Youth
- Year
- 2014
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 57
- Paragraph text
- A social norm is a contributing factor to and social determinant of certain practices in a community that may be positive and strengthen its identity and cohesion or may be negative and potentially lead to harm. It is also a social rule of behaviour that members of a community are expected to observe. This creates and sustains a collective sense of social obligation and expectation that conditions the behaviour of individual community members, even if they are not personally in agreement with the practice. For example, where female genital mutilation is the social norm, parents are motivated to agree to its being performed on their daughters because they see other parents doing so and believe that others expect them to do the same. The norm or practice is often perpetuated by other women in community networks who have already undergone the procedure and exert additional pressure on younger women to conform to the practice or risk ostracism, being shunned and stigmatization. Such marginalization may include the loss of important economic and social support and social mobility. Conversely, if individuals conform to the social norm, they expect to be rewarded, for example through inclusion and praise. Changing social norms that underlie and justify harmful practices requires that such expectations be challenged and modified.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Women
- Youth
- Year
- 2014
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 9
- Paragraph text
- Gender-based discrimination is particularly pervasive, affecting a wide range of outcomes, from female infanticide/foeticide to discriminatory infant and young child feeding practices, gender stereotyping and access to services. Attention should be given to the differing needs of girls and boys, and the impact of gender-related social norms and values on the health and development of boys and girls. Attention also needs to be given to harmful gender-based practices and norms of behaviour that are ingrained in traditions and customs and undermine the right to health of girls and boys.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Boys
- Children
- Girls
- Youth
- Year
- 2013
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 77
- Paragraph text
- When States develop national strategies and plans of action for implementation of the Convention and the Optional Protocols thereto, they should include explicit reference to the measures required to respect, protect and fulfil children's rights in the actions and operations of business enterprises. States should also ensure that they monitor progress in implementation of the Convention in the activities and operations of business. This can be achieved both internally through the use of child rights impact assessments and evaluations, as well as through collaboration with other bodies such as parliamentary committees, civil society organizations, professional associations and national human rights institutions. Monitoring should include asking children directly for their views on the impact of business on their rights. Different mechanisms for consultation can be used, such as youth councils and parliaments, social media, school councils and associations of children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 62
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- Prevention and health promotion should address the main health challenges facing children within the community and the country as a whole. These challenges include diseases and other health challenges, such as accidents, violence, substance abuse and psychosocial and mental health problems. Preventive health care should address communicable and non-communicable diseases and incorporate a combination of biomedical, behavioural and structural interventions. Preventing non-communicable diseases should start early in life through the promotion and support of healthy and non-violent lifestyles for pregnant women, their spouses/partners and young children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2013
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 10
- Paragraph text
- All policies and programmes affecting children's health should be grounded in a broad approach to gender equality that ensures young women's full political participation; social and economic empowerment; recognition of equal rights related to sexual and reproductive health; and equal access to information, education, justice and security, including the elimination of all forms of sexual and gender-based violence.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Children
- Women
- Youth
- Year
- 2013
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 34
- Paragraph text
- Unsafe and hazardous environments: Features in the environment which impact on the rights provided for in article 31 can either serve as protective or risk factors for children's health, development and safety. In respect of younger children, spaces which provide opportunities for exploration and creativity should enable parents and caregivers to maintain oversight, including by means of eye and voice contact. Children need access to inclusive spaces that are free from inappropriate hazards and close to their own homes, as well as with measures to promote safe, independent mobility as their capacities evolve.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 55
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- Children are not a homogeneous group and therefore diversity must be taken into account when assessing their best interests. The identity of the child includes characteristics such as sex, sexual orientation, national origin, religion and beliefs, cultural identity, personality. Although children and young people share basic universal needs, the expression of those needs depends on a wide range of personal, physical, social and cultural aspects, including their evolving capacities. The right of the child to preserve his or her identity is guaranteed by the Convention (art. 8) and must be respected and taken into consideration in the assessment of the child's best interests.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 14d
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- [States parties recognize the right of the child to:] Recreational activities: Recreation is an umbrella term used to describe a very broad range of activities, including, inter alia, participation in music, art, crafts, community engagement, clubs, sports, games, hiking and camping, pursuing hobbies. It consists of activities or experiences, chosen voluntarily by the child, either because of the immediate satisfaction provided or because he or she perceives that some personal or social value will be gained by accomplishing them. Recreation often takes place in spaces specifically designed for it. While many recreational activities may be organized and managed by adults, recreation should be a voluntary activity. Compulsory or enforced games and sports or compulsory involvement in a youth organization, for example, do not constitute recreation.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 84
- Paragraph text
- Civil society has a critical role in the independent promotion and protection of children's rights in the context of business operations. This includes monitoring and holding business accountable; supporting children to have access to justice and remedies; contributing to child-rights impact assessments; and raising awareness amongst businesses of their responsibility to respect children's rights. States should ensure conditions for an active and vigilant civil society, including effective collaboration with and support to independent civil society organizations, child and youth-led organizations, academia, chambers of commerce and industry, trade unions, consumer associations and professional institutions. States should refrain from interfering with these and other independent organizations and facilitate their involvement in public policy and programmes relating to children's rights and business.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 20
- Paragraph text
- Measures for implementing article 6 with regard to the business sector will need to be adapted according to context and include preventive measures such as effective regulation and monitoring of advertising and marketing industries and the environmental impact of business. In the context of care of children, particularly young children, other measures will be needed for creating an enabling environment for business to respect article 6 through, for example, the introduction of family-friendly workplace policies. Such policies must take account of the impact of working hours of adults on the survival and development of the child at all stages of development and must include adequately remunerated parental leave.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2013
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 68
- Paragraph text
- States should focus their attention on removing social, economic and juridical barriers so that children can in practice have access to effective judicial mechanisms without discrimination of any kind. Children and their representatives should be provided with information about remedies through, for example, the school curriculum, youth centres or community-based programmes. They should be allowed to initiate proceedings in their own right and have access to legal aid and the support of lawyers and legal aid providers in bringing cases against business enterprises to ensure equality of arms. States that do not already have provision for collective complaints, such as class actions and public interest litigation, should introduce these as a means of increasing accessibility to the courts for large numbers of children similarly affected by business actions. States may have to provide special assistance to children who face obstacles to accessing justice, for example, because of language or disability or because they are very young.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Youth
- Year
- 2013
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 36
- Paragraph text
- Human factors can also combine to place children at risk in the public environment: high levels of crime and violence; community unrest and civil strife; drug and gang-related violence; risk of kidnapping and child trafficking; open spaces dominated by hostile youth or adults; aggression and sexual violence towards girls. Even where parks, playgrounds, sports facilities and other provisions exist, they may often be in locations where children are at risk, unsupervised and exposed to hazards. The dangers posed by all these factors severely restrict children's opportunities for safe play and recreation. The increasing erosion of many spaces traditionally available to children creates a need for greater Government intervention to protect the rights under article 31.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Girls
- Youth
- Year
- 2013
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 75a
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- [Resources needed at the international level. Investment is also needed in the following areas at the international level to assist States parties to fulfil their obligations in relation to article 19:] Human resources: improved communication, cooperation and individual exchange within and between professional associations (for example medical, mental health, social work, legal, education, child maltreatment, academic/research, child rights and training organizations/institutions); improved communication and cooperation within and between civil society groups (for example research communities, NGOs, child-led organizations, faith-based organizations, organizations of persons with disabilities, community and youth groups, and individual experts involved in the development and exchange of knowledge and practice);
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 20b
- Paragraph text
- [Neglect or negligent treatment. Neglect means the failure to meet children's physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children's care have the means, knowledge and access to services to do so. It includes:] Psychological or emotional neglect: including lack of any emotional support and love, chronic inattention to the child, caregivers being "psychologically unavailable" by overlooking young children's cues and signals, and exposure to intimate partner violence, drug or alcohol abuse;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 30
- Paragraph text
- Violence in the mass media. Mass media, especially tabloids and the yellow press, tend to highlight shocking occurrences and as a result create a biased and stereotyped image of children, in particular of disadvantaged children or adolescents, who are often portrayed as violent or delinquent just because they may behave or dress in a different way. Such stirred-up stereotypes pave the way for State policies based on a punitive approach, which may include violence as a reaction to assumed or factual misdemeanours of children and young persons.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Adolescents
- Children
- Youth
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 27
- Paragraph text
- Violence among children. This includes physical, psychological and sexual violence, often by bullying, exerted by children against other children, frequently by groups of children, which not only harms a child's physical and psychological integrity and well-being in the immediate term, but often has severe impact on his or her development, education and social integration in the medium and long term. Also, violence by youth gangs takes a severe toll on children, whether as victims or as participants. Although children are the actors, the role of adults responsible for these children is crucial in all attempts to appropriately react and prevent such violence, ensuring that measures do not exacerbate violence by taking a punitive approach and using violence against violence.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2011
Paragraph
Indigenous children and their rights under the Convention 2009, para. 72
- Paragraph text
- Articles 34 and 35 of the Convention with consideration to the provisions of article 20, call on States to ensure that children are protected against sexual exploitation and abuse as well as the abduction, sale or traffic of children for any purposes. The Committee is concerned that indigenous children whose communities are affected by poverty and urban migration are at a high risk of becoming victims of sexual exploitation and trafficking. Young girls, particularly those not registered at birth, are especially vulnerable. In order to improve the protection of all children, including indigenous, States parties are encouraged to ratify and implement the Optional Protocol on the sale of children, child prostitution and child pornography.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Youth
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 21
- Paragraph text
- [The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child's right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:] Lastly, States parties must be aware of the potential negative consequences of an inconsiderate practice of this right, particularly in cases involving very young children, or in instances where the child has been a victim of a criminal offence, sexual abuse, violence, or other forms of mistreatment. States parties must undertake all necessary measures to ensure that the right to be heard is exercised ensuring full protection of the child.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 102
- Paragraph text
- The Committee welcomes the introduction in some countries of a fixed age at which the right to consent transfers to the child, and encourages States parties to give consideration to the introduction of such legislation. Thus, children above that age have an entitlement to give consent without the requirement for any individual professional assessment of capacity after consultation with an independent and competent expert. However, the Committee strongly recommends that States parties ensure that, where a younger child can demonstrate capacity to express an informed view on her or his treatment, this view is given due weight.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2009
Paragraph
Indigenous children and their rights under the Convention 2009, para. 9
- Paragraph text
- In 2003, the United Nations Permanent Forum on Indigenous Issues held its second session on the theme indigenous children and youth and the same year the Committee on the Rights of the Child held its annual Day of General Discussion on the rights of indigenous children and adopted specific recommendations aimed primarily at States parties but also United Nations entities, human rights mechanisms, civil society, donors, the World Bank and regional development banks.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Youth
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 129
- Paragraph text
- Such participation opportunities are, meanwhile, established in many countries also on the district, regional, federal state and national levels, where youth parliaments, councils and conferences provide forums for children to present their views and make them known to relevant audiences. NGOs and civil society organizations have developed practices to support children, which safeguard the transparency of representation and counter the risks of manipulation or tokenism.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 127
- Paragraph text
- Much of the opportunity for children's participation takes place at the community level. The Committee welcomes the growing number of local youth parliaments, municipal children's councils and ad hoc consultations where children can voice their views in decision-making processes. However, these structures for formal representative participation in local government should be just one of many approaches to the implementation of article 12 at the local level, as they only allow for a relatively small number of children to engage in their local communities. Consulting hours of politicians and officials, open house and visits in schools and kindergartens create additional opportunities for communication.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Youth
- Year
- 2009
Paragraph
The right of the child to be heard 2009, para. 100
- Paragraph text
- Children, including young children, should be included in decision-making processes, in a manner consistent with their evolving capacities. They should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 2009
Paragraph